Ruling keeps bypass project ‘on track’

The $200m Mt Messenger bypass project in North Taranaki has inched closer to starting after an appeal to the High Court was quashed.

Yesterday, the High Court in Wellington rejected an appeal made by one of the parties opposed to the project, Poutama Kaitiaki Charitable Trust, which had challenged an interim Environment Court decision that was generally favourable to the project subject to iwi backing.

The High Court found there had been no errors of law in the Environment Court decision, which the trust had appealed on four grounds of law.

In summary, the High Court found the Environment Court was entitled to issue an interim decision subject to a property and mitigation agreement made between Waka Kotahi NZ Transport Agency and Ngati Tama.

In July, Ngati Tama voted to accept a land swap, and pest management deal worth $7.7m to move the project ahead.

The High Court also found the Environment Court was correct to support Ngati Tama, and not Poutama Kaitiaki, or landowners and co-appellants, Tony and Debbie Pascoe, as tangata whenua with mana whenua and kaitiakitanga (guardianship) over the project area.

The High Court accepted the Environment Court decision that neither the Pascoes, nor Poutama Kaitiaki, had a relevant cultural connection to the project area.

Both appellants believed their land would be significantly affected if the bypass went ahead.

Finally, the High Court, in its assessment of the effects of the project, and haul yard and construction area on the Pascoes’ property, ruled the Environment Court had made its decision based on detailed and expert evidence, and the effects on the Pascoes’ land would be mitigated.

Waka Kotahi NZTA regional relationship director Emma Speight told a Taranaki Regional

Council transport committee meeting yesterday that the dismissal of the appeal was ‘‘fantastic news’’. ‘‘The High Court found the Environment Court made no errors in law and the court was entitled to conclude the Ngati Tama iwi had ownership of the land,’’ she said.

TRC regional transport committee chairman Matthew McDonald said in a statement the High Court ruling kept ‘‘this important project on track’’.

‘‘All credit is due to Waka Kotahi NZTA for staying the course on this project and we hope the few outstanding legal issues can be settled speedily,’’ he said. ‘‘The new bypass will make a tremendous difference to the region economically and make one of our two main access routes much safer for all users.’’

Taranaki road transport spokesman Tom Cloke said the project first announced in 2018 may not get under way until 2022.

‘‘It is disappointing there is still no start date, but it is a major step forward,’’ he said.

He hoped the project would start by mid-2021 to link with the opening of the new Awakino Gorge two bridges project.

The planned 5.2km bypass is shorter than the existing SH3 route over Mt Messenger, and would save between 4 – 6.5 minutes’ driving time. It includes a 120m-long bridge over wetland and a 230m long tunnel.