The submission made by Ngāti Kuku hapū and Whareroa Marae trustees said the expansion proposal “cannot be granted” due to adverse impacts and inconsistency with the Ngāi Te Rangi Settlement Deed.
Whareroa Marae is affiliated with Ngāti Kuku, a hapū of Ngāi Te Rangi iwi.
“The intent underlying the settlement deed was to recognise the mana of Ngāi Te Rangi, which includes Ngāti Kuku, and to ensure their rangatiratanga [sovereignty] was not ignored,” the submission said.
It said the development would negate Ngāti Kuku identity.
“[It would] continue the extinction of Ngāti Kuku’s relationships, beliefs, and tikanga [customs] relating to their ancestral whenua, waters, wāhi tapu [sacred places], and taonga [treasures].”
The submission also said the development would encroach on Ngāti Kuku and Whareroa Marae cultural and physical landscapes.
It said the hapū and marae would require direct compensation if the proposal was approved.
The recommended amount was at least $19m per year – a 35-year present value of $335m to $475m.
This included $10m to $11m per year in fair revenue sharing of incremental project revenues. A further $8.7m per year was for the adverse impacts on the hapū’s ability to discharge cultural obligations.
The port had proposed a cultural mitigation package including $6.1m in total compensation.
Other proposed measures to mitigate cultural and environmental effects included an advisory group, design changes, a monitoring plan and marae-focused funding.
Containers being loaded at Port of Tauranga’s Sulphur Point operation. Photo / Mike Scott
Ngāti Kuku’s submission follows a court ruling ordering the port to pay iwi $298,023.
The sum was compensation for costs incurred by iwi in earlier submissions against the Stella Passage project before the port withdrew its initial 2021 Resource Management Act application.
The port instead pursued fast-track approval at the end of 2024.
Progress was halted when Ngāti Kuku Hapū Trust sought a judicial review over the scope wording.
The port withdrew that application and reapplied in January this year.
In a formal response to Ngāti Kuku Hapū Trust and Whareroa Marae’s submission, the port said the proposal did not remove or override Ngāti Kuku’s rangatiratanga.
The port also acknowledged the effects of the port development and associated industrial activity.
“However, the historical record demonstrates that pressures experienced by the Whareroa community cannot be attributed solely, or primarily, to [the port’s] operations.”
The port’s statement said expansion within Te Awanui (Tauranga Harbour) had occurred since the late 19th century.
“In this context, port development has operated as part of a wider system of economic and urban growth rather than as an isolated or singular cause of cumulative effects.”
The scale of development at the southern end of the Mount Maunganui wharves had been reduced to prevent further expansion towards the marae.
Development next to the marae would be “relatively minor structures only”.
The hapū, marae and port had been unable to agree on a financial contribution figure.
However, the port said financial compensation had been accepted by the hapū and marae to address residual cultural effects.
The port stated it had taken actions to address environmental concerns, and there were other industrial activities in Mount Maunganui not connected to the port.
The panel’s decision on the application was due by September 7.
Representatives for the Port of Tauranga, Ngāti Kuku and Whareroa Marae declined to comment for this story.
What is the Stella Passage project?
The project, if approved, will extend the Sulphur Point Container Terminal and Mount Maunganui bulk wharves by a combined 700 metres on reclaimed land, allowing more vessel berths.
It would also involve dredging about 1.5 million cubic metres from the Stellar Passage bed to allow clearance for ships berthing at the extensions.
The port has said it has reached capacity at both the container terminal and Mount wharves.
New Zealand’s largest port, it handled 25 million tonnes of cargo and 1.2 million containers per year.
A plan showing the wharf extensions and dredging involved in the Stella Passage Development. Image / Port of Tauranga
The port shipped 48% of the country’s container exports – accounting for 70% of export dairy, 65% of red meat exports and 90% of kiwifruit exports.
The port engaged the New Zealand Institute of Economic Research for an Economic Effects Assessment, which projected the development’s annual economic benefit would be $792m to $1 billion nationwide.
Tauranga’s economy would receive $54m to $79m of that.
Identified benefits also included improved ship frequency and scheduling, reduced ship waiting times and increased profitability.
Shane Jones responds
Regional Development Minister Shane Jones said the Stella Passage would open opportunities for the North Island economy.
He previously made comments on social media about Ngāti Kuku’s submission, calling the matter a “battle of legal whackamole”.
Regional Development Minister and New Zealand First deputy leader Shane Jones. Photo / Mark Mitchell
He said there was a significant Māori investment in kiwifruit.
“Ngāti Kuku themselves are beneficiaries of a burgeoning kiwifruit industry.”
Jones said there was already a mitigation package in place to address the hapū’s “reasonable concerns”.
The Bay of Plenty Times asked Jones if the mitigation amount was enough.
“It’s a debatable point as to how much is ever enough, but this is why the hapū and other stakeholders need to accept there are always trade-offs.”
Jones said the project delay had cost the Bay of Plenty and shrunk the “size of the economic pie”.
Bijou Johnson is a multimedia journalist based in the Bay of Plenty. A passionate writer and reader, she grew up in Tauranga and developed a love for journalism while exploring various disciplines at university. She holds a Bachelor of Arts in Classical Studies from Massey University.