Arrests have been made but no charges laid after police faced off with protesters as work on a controversial pipeline resumed at a tapu (sacred) Rotorua lake overnight.
Rotorua Lakes Council contractors resumed work to enable the last 1.3km of pipeline in the Tarawera Sewerage Scheme to be laid near Lake Rotokākahi.
Protesters occupying lakeside Māori land believe the works will desecrate the lake site and risk polluting it, and have made a legal bid to stop construction.
Te Pāti Māori has denounced the police actions and the Green Party has called for a stop to all works.
Police today said about 80 staff had been deployed to the work site overnight and seven people were arrested after refusing to leave.
The seven were given trespass notices and formal warnings, and released without charge.
“Police recognise that this is a complex and sensitive issue for everyone involved, including mana whenua who consider the site tapu,” a police statement said.
“We would like to extend our thanks to the vast majority of protesters at the site, who exercised their legal right to protest but also engaged positively with council and police staff, and co-operated with council staff in moving vehicles away from the work site.”
The role of police at the site was to uphold the law and ensure everyone was safe, including protesters and council staff.
“Around 80 officers were deployed across two shifts overnight when council roadblocks were in place to allow contractors to establish the work site.
“A smaller number of officers will remain at the site over the coming days.
Social media footage from the site overnight showed police staff moving into the area.
A statement from the Protect Rotokākahi group said this morning that members of Tūhourangi, Tūmatawera hapū and their supporters had been “holding space with the goal of protecting this wahi tapu [sacred site]”.
The statement claimed that more than 150 police arrived at 8pm on Monday.
“This police escalation occurs during the same week as Te Matatini, a time where the public’s eyes and attention are focused on celebrating kapa haka from around Aotearoa.
“Waiata such as Ngã iwi e and Rua Kenana have been heard from live streams taken at Rotokākahi tonight, with the sight of rows of police facing the singers.
“Protectors have been peacefully and legally holding space at Rotokākahi since August 2024. Numbers swelled recently after mana i te whenua invited the nation to join them in their peaceful noho whenua to protect Rotokākahi.”
Te Pāti Māori co-leader Rawiri Waititi described police actions “under the veil of darkness” as an “excessive show of force”, and the arrests as “unjust”.
He said in his view it was an “attack on the rights of tangata whenua” during Te Matatini, when Waiariki iwi leadership was absent.
”My thoughts are with the whānau at Rotokākahi, standing firm in their rightful duty to protect their whenua.”
Green Party spokesperson for Māori development Hūhana Lyndon said the party supported the peaceful occupation and resistance by mana whenua.
”Works must stop until the Environment Court has been given the opportunity to assess this project.”
Opposition to the project, including from the group that oversees the iwi-owned lake, has forced work to pause several times.
A court-ordered injunction in November banned interference with construction.
The project would connect hundreds of Tarawera households to the town sewerage system and aimed to reduce lake pollution.
Protesters say the pipeline’s path past Lake Rotokākahi puts the sacred lake at risk of environmental damage and desecrates a wāhi tapu area where some 120 tipuna perished in the 1886 Mt Tarawera eruption.
The lake is overseen by the Rotokākahi board of control.
Board spokesman Te Whatanui Leka Taumalolo Skipwith said in a Friday statement it had applied in the Environment Court for “a declaration that the council required a resource consent to install the pipe, and for enforcement to halt works until the resource consent is obtained”.
“As mana i te whenua we have consistently opposed the council bringing the sewage pipe through here,” he said.
Protests began in January last year, with a handful of people involved. A hīkoi in August seeking the pipeline to be rerouted attracted about 100 people.
Rotorua Lakes Council has said alternative pipeline routes were not feasible and it was legally bound to continue after “extensive” community consultation over many years.
Protesters have occupied lakeside Māori land parallel to the Tarawera Rd construction site for months. Skipwith previously told Local Democracy Reporting it was being referred to as “another Ihumātao”.
His Friday statement claimed the council did not obtain a resource consent as required under the District Plan and had given itself a permitted activity consent for minor activities.
“But the proposed activities are not minor,” Skipwith said.
The Environment Court confirmed proceedings were filed late on Friday afternoon, and the council was served notice at the same time.
A judge would review the proceedings on Monday and issue directions “in due course”.
Council infrastructure and environment group manager Stavros Michael told the Rotorua Daily Post it was not appropriate for the council to comment on the board’s application, as it awaited directions.
In response to Skipwith, he said the council did not grant itself a resource consent for the work but recorded its decision to not require one as a permitted activity.
He said the council planned to progress with works, at this stage, and had asked police to assist if required to ensure injunction compliance.
The council said last week a section of Tarawera Rd would be temporarily closed from 8pm Monday while the worksite near Lake Rotokākahi was re-established. Emergency services would be able to pass through.
It aimed to reopen one lane by 7am Tuesday.
Michael said the council had engaged with iwi and mana whenua during the pause to address concerns about the work near Lake Rotokākahi.
“We respect this area and its significance to iwi and mana whenua.”
Mitigation measures taken included a mana whenua-appointed cultural monitor to give contractors guidance; creating a process for pipeline faults to trigger a pump station pause and alert mana whenua; having mana whenua participate in any remedial actions required and having a council budget for them.
A mana whenua response group would be set up for long-term monitoring of the reticulation network performance and future planning for the Tarawera catchment.
Michael said people could still have reasonable access to their whenua and the lake during construction.
The project was “vital” to protect the environment and all consultation indicated “the majority of the community wish to protect the lake”.
The pipe began being laid under Tarawera Rd in March 2023. The council has estimated it would take four weeks to complete the final 1.3km. CCTV and security would be on site.
“We respect the right to peaceful protest but must also ensure the safety of contractors and the public when work resumes.”
After a failed attempt, the council successfully applied for the injunction late last year, naming the board and “persons unknown” as respondents.
It banned various kinds of interference with the works, personnel or vehicles and limited who could be in the active work zone.
The boat ramp and section of land beside it, which has been used by protesters, was excluded from the injunction area.
The injunction order laid out allegations of unknown people preventing digging and drilling at the worksite, interfering with security fencing and threatening contractors in August, forcing a decision to postpone works.
Board of control co-chairman Wally Lee told the court it had “remained peaceful” and had “clear rules for all those who attend our noho whenua”.
A Rotorua police statement on Monday afternoon said officers would be present “alongside council staff” at the lake on Monday night, and in the coming days, as work resumed.
Area commander inspector Herby Ngawhika earlier said the police role was to ensure safety and uphold the law, while recognising the lawful right to protest.
“This has to be balanced against the rights of individuals to go about their daily business without being interfered with by protest action.”
Police actions and number of officers deployed were “always dictated by the situation”, he said.
Police would respond appropriately to disorder or public safety issues, and the organisation was well-practised at attending protest events.
Tūhourangi Tribal Authority chairwoman Kirikowhai Mikaere said the scheme restarting was a “complex and sensitive development for our whānau”.
The authority’s rohe includes both lakes. Mikaere said views within the iwi were diverse.
“This kaupapa is about protecting Lake Tarawera. Without action, our taonga is at risk of irreparable pollution. But we all agree that this action cannot come at the detriment of our other lakes and whenua.”
It would continue to work with the council on mitigations and hold it accountable.
The iwi respected both peaceful protesters and organisations involved in the project. It did not support wilful damage or threats against those involved in the construction, and prioritised keeping its whānau safe.
- additional reporting staff reporters
Laura Smith is a Local Democracy Reporting journalist based at the Rotorua Daily Post. She previously reported general news for the Otago Daily Times and Southland Express, and has been a journalist since 2019.
- LDR is local body journalism co-funded by RNZ and NZ On Air.
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