The council then took the matter to the Environment Court, with mediation taking place in February.
After mediation, the council changed course, seeking a joint declaration with the trust that the activity was permitted under the District Plan’s papakāinga provisions.
That position was based on an agreed planning assessment that the principal use of the property was residential accommodation, while the Pūwhakamua reintegration programme was a secondary or ancillary activity supporting residents.
Under the Rotorua District Plan, papakāinga is defined as residential and related non-residential activities that support the cultural, environmental and economic well-being of tangata whenua on ancestral land.
An aerial photo of the Pūwhakamua programme site. Photo / Google Maps
But despite the agreement between the two parties, in a minute released on April 30, Chief Environment Court Judge DA Kirkpatrick said the court was not yet satisfied the agreed position was fully supported by either the facts or the law.
Judge Kirkpatrick questioned whether the activity met all elements of the papakāinga definition and associated performance standards, including requirements relating to governance structures and hapū-based occupation.
The court noted it was unclear whether all residents belonged to the relevant hapū and said further explanation was needed as to why the reintegration programme should be regarded as secondary to the residential use.
It also warned that any declaration could have implications for how similar developments are interpreted elsewhere in the district.
The court directed the council to confirm by May 29 whether it intended to continue pursuing the application.
Tikanga Aroro Charitable Trust status
The case is further complicated by the recent collapse of the trust’s contractual arrangement with the Department of Corrections to house parolees at the site.
Billy Macfarlane, founder of Rotorua-based organisation Pūwhakamua. Photo / Aleyna Martinez
Corrections pulled funding in March following “serious sexual allegations” involving course leader Billy Macfarlane. Macfarlane resigned from his role and has denied all the allegations.
Emails to the trust sent last month bounced back, with an automated message saying operations had ceased – but that does not appear to be the case.
The trust’s former deputy, Merepeka Raukawa-Tait, confirmed to Local Democracy Reporting that she was now the chairwoman. She said there would be “no public comment” on the ongoing court proceedings at this time.
Tikanga Aroro Charitable Trust chairwoman Merepeka Raukawa-Tait. Photo / Andrew Warner
As for the trust’s current status, Raukawa-Tait, who is also a Rotorua Lakes councillor, said they were working on a “number of issues” at this time.
“This is our focus, and we are making good progress,” she said.
Doug Macredie, Raukawa-Tait’s predecessor and now a voluntary adviser to the trust, said the council had been “constructive” and “supportive” throughout the court process.
“Once information was completed and transparent, it was a relatively simple discussion,” he said.
Asked about the future of the Te Ngae Rd site, Macredie said the trust would “move with the mauri [life force]”.
Tikanga Aroro Charitable Trust voluntary adviser Doug Macredie. Photo / Doug Macredie
“The site is just a site,” he said. “Our work influences the men and their whānau far and wide.”
Macfarlane said he could not comment on the proceedings because he had resigned from the trust, and he had not seen the latest court minute.
A council spokesperson said that, as the matter remained before the court and “next steps are being considered”, it would be inappropriate to comment further.
Mathew Nash is a Local Democracy Reporting journalist based at the Rotorua Daily Post. He has previously written for SunLive, been a regular contributor to RNZ and was a football reporter in the UK for eight years.
– LDR is local body journalism co-funded by RNZ and NZ On Air.