Te Ao Māori

Court rejects anti-waste water plant claim

07:12 am on 21 November 2014

A legal bid to stop a waste water plant being built on ancestral land has failed.

The Maori Land Court has upheld a decision for the lease of whenua in the Matata area to Whakatane District Council.

Landowner Wikitoria Falwasser argued that she would be separated from her land; claimed a lack of owner consulation, and said the proposal was offensive to landowners and three local marae.

In seeking an interim injunction, Ms Falwasser alsosaid the whenua should be used for papakainga.

The land is governed by Trustees of Matata Parish Lot, who denied the allegations against them, and contended the three marae will benefit from the plant, because they can be hooked up to sewerage services for free.

The Maori Land Court has ruled that the trustees undertook a lengthy and considered process to reach their decision to lease the land for 25 years, and give the council an option to extend the lease for another 25 years.

The court said the trustees clearly have the power to enter into an agreement with Whakatane District Council.