My Account
The legal and procedural fallout from the Ngati Manuhiri Settlement Trust flipping from its long-term opposition to a massive new tip to supporting Waste Management NZ’s (WM) plans took up most of the Environment Court’s time and energy when the case resumed on February 1.
Judge Jeff Smith said the court had been deluged with paperwork from multiple parties since the hearing was adjourned in December, including the trust and WM’s joint statement, late documents, numerous memoranda, updates and other legal submissions.
“We have something of a smorgasbord of emails, which is increasing in complexity at each iteration,” he said. “It’s impossible to follow who’s responding to what.
“We have received so much documentation – we received another little tsunami only yesterday – but we can only do our best.”
Smith pointed out that the court only had so much time left to conclude the case before he had to head up the Pakiri sand mining appeals in the court in May. He emphasised there was little if any time spare for any new evidence prompted by the Ngati Manuhiri Settlement Trust opting to support WM, instead of standing united with other tangata whenua appellants Ngati Whatua and Te Uri o Hau.
There were also new contested claims before the Maori Land Court from the Ngati Manuhiri Settlement Trust and Ngati Whatua over the ownership of the Hoteo River bed, which the judge said may or may not have implications for the case.
He said the parties’ current fractured relationship could take years to repair and he urged everyone concerned to make every effort to find a way forward.
“All I can say is “pull up, pull up!” before this goes down the road that makes it very awkward to maintain relationships,” Judge Smith said.
He said the court had already bent over backwards to accommodate all parties.
“The difficulty the court finds itself in with such a serious breakdown in relationships is not about matters of the case, but whether we can get the parties talking to each other and able to maintain a relationship.
“Now we have one party that has found a way forward, this has created other issues. We are very keen to see tangata whenua have a proper discussion and come to an enduring solution.”
Ngati Manuhiri Settlement Trust lawyer Jason Pou said attempts had been made to meet with Ngati Whatua and others, but these had not been taken up. Counsel for Ngati Whatua and Te Uri of Hau said they were willing to meet, but only under tikanga – Maori practices – conditions.
After further lengthy debate, consultation and consideration, one of the case commissioners, Kevin Prime, said he was willing to act as facilitator if a meeting could be convened between key people during Waitangi Day celebrations at the treaty grounds.
After hearing from two further witnesses (see story), the case was adjourned until March 20, after which planning and cultural evidence will be heard, together with all parties’ summing up.
The court also heard that the judges and commissioners were keen to have another site visit before the case reconvened, preferably by helicopter, so they could get a better idea of the topography of the potential landfill site, parts of which were extremely difficult to reach on foot or in a vehicle, and its relationship with the Hoteo River.
After hearing that the Ministry of Justice was not able to fund this, WM counsel Bal Matheson said the company would be willing to provide a trip.
