The Environment Court's principle judge, Laurie Newhook, and two court-appointed commissioners reserved their decision after a three-day hearing at the Copthorne Omapere last week of an appeal against the Ministry of Education's notice of requirement to designate land on Koutu Point Road as the site of a new school.
Thedecision is expected within about two weeks.
The site has been chosen for the relocation of Te Kura Kaupapa Maori o Te Tonga o Hokianga, which was granted wharekura (high school) status in April 2010, which entitled it to extra accommodation and specialist classrooms.
The Minister decided that relocation was preferable to further development of the existing school, at Whirinaki, because of the risk of flooding, land availability and tenure.
That decision, according to appellant Diana Ellis, was made in consultation with the kura's board of trustees alone, while the whanau, hapu and iwi of Whirinaki and the wider Hokianga community were informed at a hui at Pa Te Aroha Marae in October 2011, after a 3.3-hectare site at Koutu Point had been bought.
Interest in last week's hearing was so strong that two conference rooms were needed, the courtfirst hearing evidence from 10 expert witnesses representingthe Minister of Education, who argued that any adverse environmental effects from the proposal would be less than minor, and could be mitigated with conditions imposed.
A cultural impact assessment was not considered necessary.
Miss Diana Ellis, who represented herself, and 11 witnesses, including Te Hikutu kaumatua, a number of Hokianga community members and expert witness Andreas Kurmann, were heard on the final day. Miss Ellis' witnesses told the court that building the new school would not only place the Koutu Point marine ecosystem and its environment at risk, but more importantly the designation was culturally insensitive and detrimental to the cultural, social, health and well-being of the whanau, hapu and iwi of Whirinaki and wider communities of the Hokianga.
Te Hikutu kaumatua Ben Morunga, Anania Wikaira and Arthur Wynyard said they and the hapu o Hokianga laid the blame at the feet of the Ministry of Education. There was no animosity between the kaumatua/hapu and the kura. They offered a "most humble" apology if anyone had been offended.
Meanwhile, Miss Ellis noted a "direct contrast" between the current Ngapuhi Treaty settlement claims process and the Environment Court appeal, which she said validated the view that institutionalised prejudices still existed.
