$200m bypass remains in balance

A new court ruling has highlighted just how precarious the future of the $200m North Taranaki Mt Messenger bypass proposal is, as iwi infighting continues regarding its internal operations.

On Wednesday, Judge Damian Stone, of the Ma¯ori Land Court, released his decision following an October 18 hearing, which considered an application for an urgent interim injunction and other orders sought by Te Korowai Tiaki o Te Haua¯uru Incorporated Society against Te Ru¯ nanga o Nga¯ ti Tama.

Te Korowai, a group made up of people who whakapapa to Nga¯ti Tama, wanted trust elections held in September to be re-run and for the current trustees to be restrained from making certain decisions.

Its concerns focused primarily on the integrity of the iwi beneficiary register and the election process itself.

However Vicki Morrison-Shaw, who represented the ru¯ nanga at the court hearing, said none of the grounds for the injunction were made out and the register and election process were robust, Judge Stone’s ruling said.

New Zealand Transport Agency (NZTA) sought leave to appear at the hearing, which was not opposed by Te Korowai or the ru¯ nanga.

It had an interest in the proceedings as it is currently negotiating an agreement with the ru¯ nanga relating to its $200m Mt Messenger bypass project, which will cut through iwi land.

The compensation deal negotiated to date includes a $1.2m section for use in a possible land swap, an environmental mitigation package and a significant cash payment, the amount of which has not been disclosed.

NZTA’s Andrew Gard told the court the project was contingent on agreement being reached with the iwi.

‘‘He also confirmed that NZTA is constantly reassessing and reviewing its roading projects, to determine which projects should continue to be funded. If there are delays to the project (however caused) Mr Gard confirmed that there is a risk that NZTA will prioritise other projects,’’ the ruling said.

Judge Stone did not grant the injunctions sought by Te Korowai but said it would be helpful to understand how the iwi membership committee determined eligibility for registration and asked for a written report to be lodged with the court.

The judge also touched on the impact that further delays might have on NZTA’s position and the possibility that it could walk away from iwi negotiations.

‘‘If this occurs, there will be a lost opportunity for the Trust that may never come again.’’

It is clear from the ru¯ nanga financial report, to the end of September 30, 2018, how reliant it has been on NZTA income to stay afloat financially.

In the reporting period, the ru¯ nanga received $508,557 in income from NZTA. All its other revenue streams only netted the iwi a paltry $10,000 in comparison.

However, its expenses – legal fees ($467,370) and paying subcontractors ($212,569) were burdening the trust’s books, leaving with it with a net loss of about $269,000.

Paul Silich, who confirmed he has been re-elected as chairman of the ru¯ nanga, declined to comment on any other questions put to him.

Meanwhile, a decision is still pending from the Environment Court, following a hearing in July which considered appeals against the resource consents needed for the bypass project.

Any decision will be interim only due to the uncertainty around the iwi position on the project.