Sacred land pushback
More should have been done to protect culturally sacred land or wāhi tapu at Onoke Heights, in the Whangārei suburb of Te Kamo, according to both hapū and local residents. And they have an unusual backer: The developer who bought the land to build a 93-house subdivision, who now says its future is unsure. Whangārei District Council admits there are known gaps in protecting culturally significant sites. Denise Piper speaks to all the sides about this case
Tangata whenua and local residents are devastated a 93-house subdivision in Northland’s Te Kamo has been approved, despite it being on culturally sacred land — an issue the Environment Court has called nationally significant.
An independent commissioner recently approved the Onoke Heights subdivision of 93 houses on the 6.9ha Dip Rd site, including associated earthworks equivalent to the volume of 35 Olympic-sized swimming pools.
The site is considered wāhi tapu or sacred by Ngāti Kahu o Torongare and Te Parawhau — with the land being used to treat battle casualties and process the dead — making it unsuitable for living. It also includes culturally significant trees.
Local residents are also concerned about traffic, flooding impacts and the loss of natural amenity in Te Kamo with the subdivision.
Ngāti Kahu is now considering all options to get the decision reversed — including an Environment Court appeal. Mautohe, or protest through occupation, is being considered, although there will need to be health and safety considerations due to the sacred sites, said media spokeswoman Nicki Wakefield.
“The long-term future for Onoke must be protected so our future generations don’t have to fight the same fight again,” she said.
The Environment Court has already ruled against a plan change for the land by Crown agency CDL Land New Zealand for a less intense subdivision in 1996. It found tangata whenua were not properly consulted, with Judge David Sheppard saying Ngāti Kahu’s relationship with the land, and its traditional and cultural significance, is “clear and strong”.
“We have to recognise and provide for the relationship of Māori with that land, and the water, sites, wāhi tapu, and other taonga on it, as a matter of national importance,” he said in his ruling.
“To rezone the land in a way that would allow subdivision and residential occupation of it would not recognise, nor would it provide for, that cultural and traditional relationship. Quite the contrary.”
Despite this ruling, the Whangārei District Council did rezone the land from rural to residential in 2018 as part of its District Plan changes, which involved public consultation. Independent Commissioner Alan Withy said he had no jurisdiction to review the zoning of
the land in question. In approving the application, he said the Māori connection with the site, rather than with the neighbouring Onoke cone, was not clear.
But Ngāti Kahu’s Wakefield said that was a “huge and grievous misunderstanding” of the evidence provided, although she acknowledged the lack of a te reo Māori translator at the November 2023 hearing could have contributed to this.
“The RMA protects local tangata whenua as the experts of the cultural value of the landscape,” she said.
Even developer Onoke Heights Limited said it did not want to build on sacred land, if that was the case, according to director Philip Leather, who said the subdivision’s future is now unclear.
The council made “a huge blunder” by not recognising the wāhi tapu when it zoned the land as residential, he said.
“We bought the land on the understanding it was free to build on — the council told us it was.”
The first Onoke Heights Limited knew of any problems was when the council decided to publicly notify its subdivision and appoint an independent commissioner — moves usually unnecessary for a residential subdivision on residential-zoned land, Leather said.
“The council should buy the land . . . rather than throwing us to the lions.”
Leather, who is also the director of holding company Builtsmart Properties, said his company has a great relationship with iwi around the country and the situation at Onoke is a shame.
His company also built 700 houses at Whangārei’s Totara Parklands, where demand was eventually so high the houses could not be built quickly enough, he said.
However, Leather said, local residents’ concerns about flooding and traffic were unfounded.
Council admits ‘gaps’ identifying culturally significant sites
Council planning and development general manager Dominic Kula admitted there are “known gaps” in identifying sites of significance to Māori.
But he is confident council processes were correct with Onoke Heights Limited’s application.
The council’s reporting planner
initially recommended the subdivision be declined, and a decision to publicly notify the application was based on an assessment the adverse effects — notable relating to heritage and cultural values — would be more than minor.
Wāhi tapu on the land was unlikely considered at the time of drafting the zoning change, Kula said.
With regards to traffic concerns, the rezoning of the land to residential accounted for this, he said.
“Development contributions are payable by the applicant for road upgrading purposes that may be used to upgrade the local network in future
if required.” Flooding impacts have also been considered, Kula said.
“The council is relying on the engineering advice provided by the applicant, and reviewed by council engineers, to confirm that the provision of stormwater infrastructure will not increase the level of downstream stormwater flows.”
The council has no plans or funding to buy land.
Other wāhi tapu sites could be at risk
While the future for the Onoke subdivision is now unclear, Wakefield said there could be other wāhi tapu sites around Whangārei that also do not have the appropriate protections.
“It’s an outstanding action and the council needs to instigate that work at pace,” she said.
The council’s Kula said there are known gaps in the District Plan schedule of sites of significance to Māori, with a review planned to start in the middle of this year.
“We welcome the opportunity to work alongside hapū and the community on this challenging and sensitive kaupapa.”
While Ngāti Kahu considers its legal options for Onoke, it will also be educating the local community about the issues. Information will be dropped in letterboxes and information meetings will be held weekly at the neighbouring Onoke Scenic Reserve each Sunday at 2pm.
The council should buy the land . . . rather than throwing us to the lions.
Philip Leather Onoke Heights Limited