The group says the ancient urupa is much larger than the fenced-off area adjacent to the development site that is still in use to this day.
The appeal is against a decision by Heritage New Zealand to approve an archaeological authority consent for a 240-lot residential development on a 26.9ha site at 77 Bunyan Rd, Whakatāne, known as the Ōpihi Block.
The land is owned by Whakatāne District Council, which entered into a sale and purchase agreement with the developers for $7.775 million in 2017 with an agreement that 10 of the 40ha would be reserved for a retirement village.
Quotable Value currently values the property at over $16m.
Whakatāne District Council granted resource consent for the development on March 4, 2021.
The Ōpihi Whanaungakore Trustees, alongside Te Rūnanga o Ngāti Awa and members of hapū Ngāi Taiwhakaea, took the council to the Environment Court to have a resource consent overturned on grounds the land had enduring and significant ancestral value for the iwi and hapū.
The Ōpihi Block at Piripai is considered by some to be the site of one of New Zealand’s most ancient urupa. Photo / LDR
In a May 2022 decision, the court found the appellants had no right of appeal and a further appeal to the High Court agreed with this finding.
Another appeal was lodged against Heritage New Zealand and was notified to be heard in October 2022 but was adjourned to allow interested parties an opportunity to resolve the dispute.
An application for fast-track consenting for the project was submitted in May 2024 but the Ministry for the Environment has withheld information about this under the Official Information Act.
Ōpihi Whanaunga Kore kaitiaki group is organising a hikoi on the day of the hearing for supporters of their case for the area not to be developed.
The supporters will meet at Mataatua Reserve from 7.30am before walking to REAP House in Pyne St where the hearing is set to take place.
– LDR is local body journalism co-funded by RNZ and NZ On Air.