Mt Messenger fight continues

Transport agency staff attempting to survey land needed for the $200 million Mt Messenger bypass were ‘‘obstructed’’ by representatives of the landowners.

The Outdoors NZ Party has alleged staff from the Waka Kotahi NZ Transport Agency (NZTA) tried to force their way on to the farm of Tony and Debbie Pascoe earlier this week.

Tony Pascoe was having surgery, the party said, and had been told to avoid stress.

But NZTA said surveying the land was a necessary step for all parties and entirely legal, and the landowners had been pre-warned.

‘‘The landowners were notified and given advance notice of the activity. Waka Kotahi and their contracted surveyors were not advised of the landowner’s illness until the day the survey was due to start,’’ an agency spokesperson said.

‘‘On hearing about the landowner’s health, the decision was made to delay the survey by a day to give the landowner space to rest and recuperate.’’

The agency said the landowners were notified that the survey would begin on January 11 and take place over five days to establish the boundary of the land required for the bypass.

‘‘The survey was called off because the surveyors were obstructed from entering the property and there was concern for their safety.

‘‘No attempt was made to ‘force entry’ on to the property,’’ the spokesperson said.

‘‘The police have not been involved nor issued any trespass notices.

‘‘Notices were issued by representatives of the landowners.’’

Pascoe was unable to be reached for comment but has argued in court that he and his family have guardianship of the land, which was bought by his parents.

Last year, the Pascoes and the Poutama Kaitiaki Charitable Trust, which provides business development support to Ma¯ori, appealed a 2019 Environment Court interim decision that ruled they were not guardians of the land needed for the bypass and only Nga¯ ti Tama iwi had rights over the land.

The couple, who lost the appeal, fear they will be forced off the land when the 5.2-kilometre bypass, from Uruti to Ahititi, goes ahead. Work could start this year.

NZTA said it attempted to follow the negotiation process set up under the Public Works Act (PWA) but got no response from the landowners.

‘‘The negotiations have not progressed because the landowners and their representatives have chosen not to engage with Waka Kotahi or the Linzaccredited property agent,’’ the spokesman said.

‘‘The statutory three months of good faith negotiations under Section 18 of the PWA has lapsed; however Waka Kotahi welcomes discussion with the landowners at any time.

‘‘This invitation has been extended to the landowners many times with no response.’’

The NZ Outdoors Party called for NZTA to abandon its plans and instead upgrade the highway.

Kiri McKee, NZ Outdoors Party candidate for Te Tai Hauauru, and party supporters were present when the NZTA representatives arrived.

‘‘The survey was called off because the surveyors were obstructed from entering the property and there was concern for their safety.’’

Waka Kotahi NZ Transport Agency spokesperson