Rotokākahi Board of Control spokesman Te Whatanui Leka Skipwith at the lake edge. Photo: Laura Smith / LDR
Rotorua Lakes Council is reigniting legal action weeks after protests prompted it to pause construction on stage one of its $29 million Tarawera Sewerage Scheme.
A protest leader says the protests could have been avoided if the council had listened to mana whenua's concerns about a tapu (sacred) lake beside the pipeline route.
The council - which says it has listened - on Tuesday confirmed that elected members had directed staff to restart District Court injunction proceedings previously adjourned by a judge.
A council spokesman said this action was to ensure "conditions on site are safe for everyone so work can resume on-site once iwi have provided their views on cultural risks mitigation".
The council was considering a Local Democracy Reporting request for a copy of the restarted application under the Local government Meetings and Information Act.
The original application, lodged in May, sought to establish a buffer around the Tarawera Rd worksite and other measures to prevent "interference" with construction work.
It followed a January protest at iwi-owned Lake Rotokākahi and alleged incidents of "obstruction" that prompted construction to pause and restart elsewhere in early 2024.
The Lake Rotokākahi Board of Control oversees the lake and co-chairman Peter Moke organised the January protest. He previously told Local Democracy Reporting he believed no one in the group was to blame for what prompted the application.
A judge in July decided not to grant the council's injunction "at this stage" but did not dismiss the application.
As works progressed along Tarawera Rd towards the lake in August, people occupied neighbouring iwi land surrounded by flags and protest signs.
The council paused work in late August to engage with mana whenua, who held concerns the pipeline works risked environmental damage to Lake Rotokākahi and an area where tūpuna (ancestors) were buried during the 1886 Mt Tarawera eruption.
The pause was costing the council $20,000 each day it continued, councillor Don Paterson said in a meeting last week.
The council has previously said it had cost about $400,000, including those for the legal action.
The scheme would connect 446 Tarawera properties to the sewerage system and the council said it aimed to stop an estimated 200,000-300,000 litres of untreated sewerage from septic tanks seeping into Lake Tarawera each day.
A tino rangatiratanga flag flies at tapu Lake Rotokākahi near Rotorua. Photo: Laura Smith / LDR
'We just don't want it through Rotokākahi'.
Lake Rotokākahi board of control spokesman Te Whatanui Leka Skipwith, who has been part of the protest, told Local Democracy Reporting last week concerns went beyond those of environmental damage from a pipeline breach.
"It's the fact the council is disturbing the whenua itself."
Skipwith said iwi did not feel listened to by the council and this consultation failure resulted in a fractured relationship.
It was willing to "go through other options" with the council, however, and he appreciated other iwi showing solidarity in the kaupapa.
His view was the council did not properly consider the two cultural impact assessments and archeological survey that were done.
A 2019 cultural assessment compiled by mana whenua groups, noted the board's "grave concerns".
Skipwith felt the situation could "have been avoided" if the council had listened and considered the significance of the area to mana whenua.
Regarding the possibility the council would renew its injunction application, he said peaceful protest was permissible. There were about 150 people on a roster to keep the land occupied.
"We are basically just living on our whenua and continuing cultural practices, including accessing our awa."
He was also concerned the board would not be notified if anything was found during pipeline work.
"It's not nice thinking our family may be dumped somewhere."
He said there would be a wider iwi discussion and further communication with the council.
Lake Tarawera near Rotorua. Photo: Laura Smith / LDR
Council says it listened
A council spokesperson said there had not been a failure to listen to mana whenua.
The council had a strong history of working with mana whenua on water infrastructure projects and had been working with iwi representatives and project partners on the Tarawera scheme since 2015, they said.
They said there had been widespread support for the project as a necessary measure to protect the lakes' health and ensure the wellbeing of people who enjoyed them.
"The project was paused on August 30 to ensure that mana whenua of Lake Rotokākahi had space and time to air their concerns about the pipeline route with council staff and partners and allow factual information to be shared."
They said there was daily conversation with designated representatives of the Tūhourangi Tribal Authority and the board. There was no set restart date.
Skipwith is not one of the appointed representatives.
Regarding concerns of tūpuna being disturbed, the spokesperson said the drilling displaced soil but did not remove any material.
"We respect this area and its significance to iwi."
No items of significance have been found, but protocols required pausing work to preserve the location of any accidentally found artefacts.
The council would work with the board's selected cultural monitor.
Clearer information requested
In a council meeting last Wednesday Leith Comer, chairman of co-governance group Tarawera Awa Restoration Strategy Group, said more information on how a pipeline breach would be handled would help comfort those concerned.
The group comprises four local councils and four iwi and was established under the Ngāti Rangitihi Claims Settlement Act 2022.
He stressed the group and Ngāti Rangitihi recommended "very speedy decision-making on the implementation" of the scheme.
Ngāti Rangitihi supported action to "restore the mauri of the Tarawera lake" and was concerned about the amount of sewage seeping in.
Ngāti Rangitihi's view was scheme completion was important but it respected other iwi's concerns.
Comer said he hoped the council would provide confidence the pipeline was properly designed, constructed and monitored to prevent damage.
He understood this could not be guaranteed given natural hazards.
"But the thing I would like to stress is that I haven't heard clearly enough what your processes are for identifying any breach of the pipeline, your policies for quickly containing the breach and remunerating damage done."
LDR is local body journalism co-funded by RNZ and NZ On Air.