Further delay in decision over $200m bypass
The region will have to wait until the end of March next year before it will find out whether the $200m Mt Messenger bypass will progress.
Yesterday, the Environment Court released its interim decision regarding a series of appeals lodged against the notice of requirement (NOR) and resource consents previously granted for the roading project – one of the biggest infrastructure schemes in Taranaki history.
The ruling outlined how it was interim only as there was no certainty as to whether New Zealand
Transport Agency (NZTA) can acquire the land it needs from Te Ru¯ nanga o Nga¯ ti Tama, as well as if there had been any agreement regarding a proposed mitigation package.
‘‘In light of the agency’s assurance that it will not compulsorily acquire the Nga¯ ti Tama land, the court is not prepared to complete its consideration of the NOR and resource consents, absent advice from Te Ru¯ nanga that it has agreed to the acquisition and further mitigation,’’ the ruling said.
The justification for that decision was that it could not determine that the effects of the project would be appropriately addressed until it knew the position of iwi.
Within the interim decision, the Environment Court provided a summary of its findings, which included that Nga¯ ti Tama was the only body to be considered in terms of conditions related to addressing cultural matters.
It dismissed the evidence put forward by affected landowners Tony and Debbie Pascoe that ‘‘they have and are able to maintain the whanaungatanga relationships or exercise the associated tikanga’’ as defined by law.
The court also found that the Pascoes’ relationship with the land was one of stewardship, rather than kaitakitanga (guardianship), which the couple had submitted at the appeal hearing.
The court said the project would have ‘‘significant adverse effects on the Pascoes and their land’’, but accepted the proposed conditions would mitigate against the identified impacts ‘‘to the extent possible if the project is approved and proceeds and the Pascoes accept the Agency’s offer to buy their house, the land on which it sits, and the other land that is required’’.
The ruling then advised the proceeding would be adjourned again until March 31, 2020 and the court directed NZTA to file a memorandum advising it of the state of its negotiations with Te Ru¯ nanga.
The iwi, who hold mana whenua in the area where the new road would be constructed, have yet to decide on whether to accept, reject or amend a compensation deal negotiated on its behalf with NZTA.
The fact an interim decision was likely was flagged by Judge Brian Dwyer in the early stages of the July appeal hearing.
The court heard how a decision was likely following ru¯ nanga elections at the end of September.
However, there has been no word on what the iwi position is and, when contacted this week, ru¯ nanga chairman Paul Silich said trustees were still working with NZTA but declined to give any timeframe regarding a decision.