A legal bid to stop the removal of exotic trees on Ōwairaka/Mount Albert in Auckland has been rejected by the High Court.
The view from Mount Albert. Photo: RNZ / Mihingarangi Forbes
A protest group, Honour the Maunga, began occupying the Mt Albert site in November last year.
The Tūpuna Maunga Authority wants to fell 345 non-native trees and plant 13,000 native plants as part of a restoration project on Ōwairaka and Te Ahi ka a Rakataura.
However, the protesters have kept that from happening.
In a judicial review, filed by Averil and Warwick Norman, the High Court found the authority acted lawfully in deciding to remove the trees and that the Auckland Council acted lawfully when granting the consent on a non-notified basis.
The finding is being welcomed by the authority, which said it was committed to delivering the plan for ecological restoration.
Paul Majurey, chair of the Tūpuna Maunga Authority, said he was pleased that the Court had recognised that the Reserves Act legislation must be read in the context of the Treaty settlement.
"The decision is very clear, in terms of the rejection of all the challenges against decisions for the Owairaka restoration programme and all that involves, that the approach the authorities undertook - its careful approach with assessments and giving vision to the spiritual and cultural landscapes, which is part of the mahi that we've been doing has been upheld.
He also said the court's view that the Treaty settlement legislation established the Tūpuna Maunga Authority to govern the Tūpuna Maunga while providing for the exercise of mana whenua and kaitiakitanga by the mana whenua of Tāmaki Makaurau.
"The Authority considers that the decision also acknowledges that the maunga are distinct from other parks and open spaces, in that they are wāhi tapu - sites of immense spiritual, ancestral, cultural, customary, and historical significance to mana whenua," Marjurey said.
Honour the Maunga said its position remained unchanged and it would continue its efforts to prevent the felling of non-native trees, including plans to continue occupying the land.
"We're here for as long as it takes to honour the beautiful Ōwairaka and all the life forms she supports by saving the trees from being felled," spokesperson Anna Radford said.
"We are not deterred and will continue to stand strong for the maunga, her trees and her lifeforms."
The Tūpuna Maunga Authority said it would take some more advice and consider its next steps in the New Year.