13 March 2017

Ngāti Tama ki Te Waipounamu Trust Seek Judicial Review Challenging Resource Consent to take Groundwater for Commercial Gain From “Wāhi Tapu” Te Waikoropupū Springs

Download PDF of Media Release here.

Ngāti Tama ki Te Waipounamu Trust in Nelson are seeking a judicial review of Tasman District Council’s granting of a third extension to Kahurangi Virgin Waters Limited to take water for commercial use from Te Waikoropupū Springs which the iwi refer to as wāhi tapu (sacred waters).

The original application for consent to take groundwater from Te Waikoropupū Springs for bottling use was lodged thirteen years ago although no water has been taken to date.

An extension was granted to Kahurangi Virgin Waters Limited in 2013. Despite Ngāti Tama registering its objection in 2012, a further extension was granted by the Tasman District Council in 2013.
The judicial review will examine how the third extension to consent RM050079 was approved in 2016. At the same time Kahurangi Virgin Waters Limited successfully varied conditions to the consent to allow drilling of a new bore in close proximity to Te Waikoropupū Springs.

“Legal action is the only option to ensure objective scrutiny. It’s important to robustly test whether the renewal of the consent was lawful, reasonable and based on sufficient information” says Mr Frans van Boekhout, General Manager, Ngāti Tama ki Te Waipounamu Trust.

Ngāti Tama’s intention is to ensure that a principled process has taken place as it reinforces its role as kaitiaki (guardian) of its statutory areas which include Te Waikoropupū Springs, groundwater and other waterways that are tributaries to Takaka River.

A statement of claim was filed on 16 May 2016 by Mr Tama Hovell, partner at Atkins Holm Majurey Limited a specialist environmental law firm on behalf of Ngāti Tama.

Iwi seek under section 125(1A)(b) of the Resource Management Act 1991 that the third extension decision be either declined or reconsidered and that Ngāti Tama ki Te Waipounamu Trust is recognised as an affected party.
To support its claim it refers to a multitude of sections clearly set out in the Ngāti Tama Settlement Act 2014 with affidavits and exhibits.

The matter is set down to be heard before His Honour Justice Thomas at 10am, Monday 13 March 2017 in the Nelson High Court.

(ENDS)

Background
Ngāti Tama ki Te Waipounamu Trust was formed in 2013 to represent the Uri o Ngāti Tama who whakapapa to Te Tau Ihu o Te Waka-ā-Maui (Top of the South Island).
The Trust (in its two forms) has held the responsibility since 1993 for advancing Treaty of Waitangi claims on behalf of the Uri o Ngāti Tama ki Te Tau Ihu through their claim Wai 723.
Web: http://www.ngati-tama.iwi.nz
Media Enquiries:
Sarah Sparks
MarkomPR
Managing Director
Email: sarah.sparks@markompr.com
Mobile: 021 318 813

Mr Frans van Boekhout
Ngāti Tama ki Te Waipounamu Trust
Mobile: 021 271 8818

Links:
Ngāti Tama Ki Te Pounamu media area: http://www.ngati-tama.iwi.nz/media/media.htm
Historical media coverage on settlement: http://www.stuff.co.nz/marlborough-express/news/8580144/Ngati-Tama-settlement-signed

Download PDF of Media Release here.

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Ngāti Tama Ki Te Waipounamu Trust | ph: 03 548 1740 | email: kaiawhina@ngati-tama.iwi.nz