Taranaki Daily News

Bypass opponents ordered to pay $36,000

- Tara Shaskey tara.shaskey@stuff.co.nz

Opponents of the $200 million Mt Messenger bypass have been stung with a $36,000 bill after failing to overturn a legal decision – but say they hope to continue their fight in the Supreme Court.

In the ongoing litigious saga of the State Highway 3 roading project, Poutama Kaitiaki Charitable Trust and farmers Tony and Debbie Pascoe have been ordered to pay Waka Kotahi NZ Transport Agency $27,030.90 and $9177.60, respective­ly.

Russell Gibbs, of Poutama, said the trust and the Pascoes hope to appeal the costs decision as part of the continuing fight to overturn a court ruling denying its hapu¯ status.

Poutama has sought leave to bypass the next step in the process, the Court of Appeal, Gibbs said.

‘‘We’ve applied for the right to have it heard in Supreme Court. First they have to decide if they are going to give us a hearing.’’

Gibbs is unsure when the decision will be made. The Pascoes could not be reached for comment.

Poutama, which has unsuccessf­ully claimed to be tangata whenua, or kaitiaki (guardian) of the Mangapekep­eke

Valley – the route for the bypass – has been fighting against the project alongside the Pascoes, whose land the highway will pass over.

Late last year, Poutama and the Pascoes made an unsuccessf­ul bid in the High Court to overturn an interim Environmen­t Court decision to allow constructi­on of the bypass.

They then applied to the High Court to have that judgment recalled, which was also rejected.

Waka Kotahi sought costs in relation to both court proceeding­s, it was detailed in two High Court judgements released last week.

In relation to the failed appeal, the transport agency sought $21,414.40 from Poutama and $9177.60 from the Pascoes.

Poutama and the Pascoes opposed the costs, submitting, among other arguments, there was a significan­t disparity of resources between themselves and Waka Kotahi.

‘‘The Pascoes are nearing retirement age with subsistenc­etype living. They have inadequate funds to pay and would unlikely be able to finance borrowing,’’ read submission­s in the judgment.

‘‘Poutama is a charitable trust operating without public funds to represent the interests of its hapu¯ and wha¯nau. Nga¯ Hapu¯ o Poutama have become destitute and unable to rely on traditiona­l resources and is in a cycle of poverty and unemployme­nt. A costs award would amount to muru [to plunder].’’

But Justice Christine Grice ruled financial hardship had not been met and it was not a relevant factor.

She ordered Poutama and the

Pascoes to pay costs.

In relation to the applicatio­n to recall the appeal judgment, the trust has previously claimed it had a cultural connection as tangata whenua and kaitiakita­nga/management of the private land owned by the Pascoes.

The Environmen­t Court decision found Te Ru¯ nanga a Nga¯ti Tama Trust instead exercised mana whenua and kaitiakita­nga of the project area, and Poutama had no cultural connection under the Resource Management Act.

Justice Grice found the Environmen­t Court had an evidential basis for its decision and made no error of law in its assessment of cultural issues.

The applicatio­n was dismissed.

Waka Kotahi then sought costs of $5616.50 from Poutama with a 50 per cent uplift, totalling $8424.75.

In the costs-related judgment, Waka Kotahi argued an uplift was necessary as Poutama had failed to act reasonably and had attempted to relitigate matters through the recall applicatio­n, which can be an abuse of process.

Poutama again argued financial hardship, which Justice Grice said was not an answer to a claim of costs.

The trust was ordered to pay the $5616.50.

 ?? ANDY JACKSON/STUFF ?? Landowners Tony and Debbie Pascoe have been ordered to pay costs in relation to a dismissed appeal to the High Court to stop the proposed $200 million Mt Messenger project going ahead. Inset: Russell Gibbs.
ANDY JACKSON/STUFF Landowners Tony and Debbie Pascoe have been ordered to pay costs in relation to a dismissed appeal to the High Court to stop the proposed $200 million Mt Messenger project going ahead. Inset: Russell Gibbs.
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