13 February 2025
Media: Local Democracy Reporter
Topic: Tarawera Sewerage Scheme
Enquiry
We have been sent the below press releases and I would like to seek response from the council. Appreciate I was set to talk with the CE on the topic on Monday but given this update I won't be able to wait for information on this.
Mana whenua take legal action against Rotorua Council over Rotokākahi
Tūhourangi - Tūmatawera Hapū - are taking the Rotorua Lakes Council to court over the construction of a sewerage pipeline through a sacred site.
On Thursday the Board is expected to file in the Environmental Court for a declaration: that the council required a resource consent to install a sewage pipe beside Lake Rotokākahi.
The council's Tarawera Sewerage Scheme has attracted criticism for its choice to build a sewer pipeline through a wāhi tapu (sacred site). Over a hundred ancestors were killed by the 1886 eruption of Mount Tarawera, and their bodies are buried in and around the lake.
Te whatanui Leka Taumalolo Skipwith (Tūhourangi), a spokesperson on the legal action, says:
“The council never obtained a resource consent, despite their District Plan making clear that earthworks around Lake Rotokākahi require resource consent.”
“We have applied for enforcement orders to ensure that the council's works remain stopped until they go through the proper resource consent process.”
This court case is the latest in a series of actions against the pipeline, which has included protests as well as a physical presence from mana whenua where the pipeline is being built.
“These legal protections are in place for a reason. We deserve an opportunity to show the council and the court why it is so wrong to have drilling through our wāhi tapu and have paru flowing through our sacred area.”
Mana i te Whenua of Rotokākahi to welcome protectors as Police action looms
Mana i te whenua of Rotokākahi have sent out a karanga for willing protectors to join them in their peaceful occupation at Lake Rotokākahi.
A pōwhiri will be held at 12pm this Sunday at the lake, to welcome protectors from all across the nation.
Mana i te whenua of Rotokākahi are demanding that Rotorua Lakes City Council divert the sewer pipe from its intended route, and instead take the pipe an alternative, safer route - away from their ancestral lake.
Rotokākahi Board of Control and Protect Rotokākahi spokesperson Te Whatanui Leka Taumalolo Skipwith - Tūhourangi says, “This Pōwhiri is to welcome protectors to join our movement. We have knocked on every door, we have been to the council, to the courts. We have been living on the whenua continuously since August. We know the police are going to mobilise, and in order to ensure the continued protection of this tupuna roto, we need to mobilise too. We need people to join us.
Te Whatanui says: “It’s impossible to overstate the importance of Rotokākahi to mana i te whenua. This sewer pipe is not just a threat to the pristine environment of Rotokākahi, it’s a threat to the tapu of this space. A tapu that extends well beyond the water's edge. These are the types of decisions that will affect Iwi-council relationships for generations.”
Te Whatanui believes that the occupation at Rotokākahi could see hundreds of people flood the space this Sunday, in what he believes could become another long-term land occupation.
“Rotorua Lakes Council just needs to take this pipe on a different route now. We know people will join us. History has proven that when mana i te whenua put out the call for assistance, Aotearoa answers.
Questions:
When was work set to restart? Will this still go ahead? Why/Why not and how will this change?
How has the council worked with iwi and mana whenua to address their concerns?
Was it aware of continued discontent and to what degree?
Can response to the above please include an explainer on whether the council needed (and obtained) resource consent and why/why not?
Were there any appeals lodged against the granted injunction?
How has the council been working with the police in relation to the above and restarting the works?
Can the new situation please be explained from a council perspective, including if it is aware of the court application and how so (was it notified, by who) and what the process is for it from here?
What is the extra cost to the scheme relating to Rotokākahi - the delays, security and court costs etc?
How would what is written in the releases impact the cost?
How would further delays impact cost?
Response
From GM Infrastructure & Environment Stavros Michael:
We have received no notification of legal action but are aware protestors have remained at the site and we acknowledge their views and the right to peaceful protest.
The scheme has been the result of extensive community consideration over many years including discussion with, and input from, iwi and hapū. (Laura see this response provided to you in January 2024 for more detail about that: 31 January 2024 - Rotorua Lakes Council)
No appeals were lodged against the injunction. Operational planning for work to resume continues and has included discussion with police.
The pipeline has been designed to a high standard, with additional mitigations, to protect Lake Rotokākahi.
Council is legally able to install water, stormwater and wastewater pipelines within existing road corridors. No resource consent is required for this but we have continued to engage with mana whenua representatives throughout to address concerns.
We will be issuing an update early next week.
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Media: Radio NZ
Topic: Tarawera Sewerage Scheme
Enquiry
We’ve been contacted by representatives of Tūhourangi-Tūmatawera Hapū who’ve raised concern over Rotorua Lakes Council plans to resume work on the Tarawera Sewerage scheme this year.
They say ““The council never obtained a resource consent, despite their District Plan making clear that earthworks around Lake Rotokākahi require resource consent.”
Would it be possible to interview a Rotorua Lakes council representative over the phone either today or tomorrow regarding this kaupapa. It would be great to get more context and detail from the Councils perspective.
I’ve read through the information currently available on your website but would love the opportunity to speak to someone directly, I’ve outlined some discussion points below:
What is the Tarawera Sewerage Scheme and what does the project involve?
Is council confident the work it plans to complete for this project will not lead to pollution or contamination of Rotokākahi?
Has the council explored alternative options that divert the project work away from Rotokākahi?
When does the council plan to resume work on the project ?
What will council do if the people occupying land around the lake refuse to leave?
If an interview isn’t possible at this time, can I please get a statement from council responding to the questions above or providing detail on when work is planned to resume and what council plans to do if the hapū refuse to leave the land surrounding the lake?
Response
We provided the following background information and organised an interview with CE Andrew Moraes on Monday:
About the Tarawera Sewerage Scheme
The purpose of the Tarawera scheme is to protect the health of the lake, the community and the environment.
Lake Tarawera is a taonga tuku iho (ancestral treasure). This means that there is a deep connection to this lake for the Tūhourangi and Ngāti Rangitihi people. It is also a taonga of real importance to the Tarawera community, Rotorua and Aotearoa New Zealand.
Water quality in the lake is dropping and wastewater from septic tanks that leaches through groundwater into the lake is a contributing factor. All parties agree this must stop and reticulation is one of the solutions to protect the health of the community and the lake.
The scheme is the result of extensive community consideration including discussion with and input from iwi and hapū. We understand some do not support the pipeline running along Tarawera Road and acknowledge their concerns and people’s right to peaceful protest.
A community steering group established in 2015 included iwi and Māori landowners and included at least one member of the Rotokākahi Board of Control, worked collaboratively to consider various options and in late 2018, arrived at a preferred option.
Arriving at the preferred option followed careful consideration of technical, cultural, financial and planning factors.
The steering group’s preferred option was approved in 2020 by the then Council and was included in its 2021-31 Long-term Plan following consultation with the wider Rotorua community (on the draft Long-term Plan).
The project is now well underway, with much of the construction completed.
What does the project involve?
It will connect Tarawera homes to the main Rotorua wastewater treatment plant
Stage 1: Construction of the sewerage mains network (work started in May 2023, pipework installation under Tarawera Road is 90% complete).
Stage 2: Connection of all properties to the network (no installations have started but conversations are underway with property owners).
Further information about the scheme is at this link on RLC’s website: Tarawera Sewerage Scheme - Rotorua Lakes Council
Is council confident the work it plans to complete for this project will not lead to pollution or contamination of Rotokākahi?
The pipeline will be approximately 100m from the lake edge and will be situated within the road corridor (on the far side of the road, not the side closest to the lake). It has been designed to a high standard, with additional mitigations such as double sleeving, to protect Lake Rotokākahi. The type of pipe being used has to date never been known to fail.
Council is legally able to install water, stormwater and wastewater pipelines within the existing road corridors. This does not require a resource consent.
As with any such project, there are strict cultural protocols in place, including an immediate stop to works in the case of any potential archeological finds and having this investigated by relevant experts. Cultural monitors have also been appointed by local mana whenua. Nothing has to date been found.
Council has been communicating with iwi representatives and project partners on the Tarawera Sewerage Scheme since 2015. There has been widespread support for the project as a neccessary measure to protect the health of all our lakes and to ensure the wellbeing of our community. The project was paused on August 30 to ensure that mana whenua of Lake Rotokākahi had space and time to air their concerns about the pipeline route with council staff and partners and allow factual information to be shared.
Conversations have been had regularly since that time with designated representatives of Tuhourangi Tribal Authority and the Lake Rotokākahi Control Board.
Has the council explored alternative options that divert the project work away from Rotokākahi?
The community-led steering group assessed all options including building a treatment plant in the Tarawera catchment and alternative routes for the pipeline to.
An extensive cultural impacts assessment (CIA) presented to Council in late 2020 highlighted the need to ensure an end to lake water pollution from septic tanks and one recommendation was to investigate the feasibility of a treatment plant in the Tarawera catchment. This was investigated but it was found to not be feasible for several reasons including difficulty obtaining resource consents, environmental impacts on the lake arising from delay and the significant cost implications for the Tarawera community and the wider community that funds council activities.
Council also undertook and considered its own sanitary services assessment and limitations of its financial and infrastructure strategies.
The Cultural Impact Assessments and Archaeological Report recommended the road corridor due to the very low risk of disturbing archaeological sites within existing road reserves.
When does the council plan to resume work on the project? What will council do if the people occupying land around the lake refuse to leave?
Operational planning to resume work is underway and has included discussion with police. We will be issuing an update early next week.
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Media: Rotorua Daily Post
Topic: Feed the People event and protest
Enquiry
NOTE: this enquiry followed yesterday’s enquiry about a protest/feed the needy event planned by local food vendor Kaya Sparke
Just a couple of follow up questions if you can answer please by mid-arvo:
If the event goes ahead without a permit, will the council attend the event and stop them or will they issue a fine afterwards?
What is the fine for serving food on a council reserve without a permit?
Response
We provided the following information:
From Rotorua Lakes Council Spokesperson:
Council will consider what, if any, potential council action needs to be taken.
Potential penalties include:
- Under section 224 (2) of the Local Government Act 2002, a person convicted of an offence under section 238 is liable to a fine not exceeding $20,000.
- Being trespassed from Kuirau Park
