{"id":331713,"date":"2026-03-16T03:38:08","date_gmt":"2026-03-16T03:38:08","guid":{"rendered":"https:\/\/www.newsbeep.com\/nz\/331713\/"},"modified":"2026-03-16T03:38:08","modified_gmt":"2026-03-16T03:38:08","slug":"opihi-whanaungakore-trustees-challenge-wahi-tapu-development-in-court","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/nz\/331713\/","title":{"rendered":"\u014cpihi Whanaungakore trustees challenge w\u0101hi tapu development in court"},"content":{"rendered":"<p class=\"dmpeAfkwcv\" style=\"display:none\">Despite this, he said at least one of his fellow gravediggers had experienced visions of the spiritual realm after taking part in a burial.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cHe doesn\u2019t like to talk about it. He didn\u2019t eat for seven days, he didn\u2019t sleep. He said, \u2018Bro, I went to this place, and it was beautiful and I didn\u2019t want to come back\u2019 &#8230; He says he could hear his son calling out to him and that brought him back.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cThe fact we went through all those processes of taking away all the tapu that we had on us as we did that mahi &#8230; That whenua is still as strong as when the t\u012bpuna first used it.\u201d<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">The late Ringatu minister Ching Tutua carried out those early protective karakia.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cI have to do the karakia now. It\u2019s about how we protect people as well as that whenua.\u201d<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">Kopae has been opposing the development of the site since 1999, and while the trustees await judgment from the Environment Court on whether development will be allowed, he is happy to help educate anyone about the importance of \u201cM\u0101taatua\u2019s spiritual homeland\u201d.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">The 26.9 hectares of Whakat\u0101ne District Council-owned land is  west of the 56 acres (22.5ha) formally surveyed by Europeans in the 1800s as being the historic urup\u0101 \u014cpihi Whanaungakore. All these lands were confiscated by the Government in the \u201craupat\u201d of 1866.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">In the late 1990s, Te R\u016bnanga o Ng\u0101ti Awa wanted resource consent to locate the M\u0101taatua wharenui on the land, thereby creating a buffer zone between the urup\u0101 and residential areas.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cTheir vision was to take the w\u0101nanga [Te Whare W\u0101nanga o Awanui\u0101rangi] and build it beside the whare complex, as well as a cultural centre,\u201d Kopae said.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">He was one of those who formed a group called Te Toka Tu Moana o Irakewa in 1999, described by elders within the r\u016bnanga at the time as \u201ca group of young radicals\u201d.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cWe formed this group so that we were outside the marae where our koroua couldn\u2019t actually tell us to sit down and be quiet,\u201d Kopae said.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">They took the case as far as the High Court but said they never had a chance of winning.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cWe had no lawyers. What we did have was the korero of the last gravedigger from 1936. His name was Claude Kingi.\u201d<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">Kingi carried out the last burial at \u014cpihi Whanaungakore in 1936, until they resumed in 2003. He died in 1999.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cWhen he was asked about where is \u014cpihi, he said from Turuturu Roimata, a rock situated in the Whakat\u0101ne River mouth, to the next urup\u0101, Utairoa.\u201d<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">Utairoa Urup\u0101 is thought to be east of Ohuirehe Rd.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cThe biggest thing about using our uncle\u2019s korero was the koroua in the courtroom couldn\u2019t bash the korero.\u201d<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">Though the group lost the appeal, the members took some heart from the judge\u2019s words when the opposing lawyers sought costs from them.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cThe judge\u2019s words were, \u2018I cannot award costs against these young people because they speak from the heart\u2019. Although we had our little grin there, we still lost.\u201d<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">Having spent two years gaining resource consent, increased land prices eventually caused the r\u016bnanga to locate the wharenui across the river from \u014cpihi Whanaungakore.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">Kopae said what gave him the most strength in the fight to protect the land from development was the approval he received from the t\u012bpuna buried there.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cIn 2016, we were called to \u014cpihi by the tohunga from Taiwhakaea and we met him at the new urup\u0101 we have at Opihi Whanaungakore.\u201d<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">He said the t\u012bpuna wanted him to share a korero with all the people who had been working at the urup\u0101.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cThe korero we were given was that we were doing a good job and we should carry on.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cThat\u2019s the strongest thing that a person like me could hear. It helps me to concentrate on the tapu of the whenua.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cIt\u2019s a never-ending job because you can\u2019t tell the t\u012bpuna that I want to knock off now.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cWe\u2019ve got a new generation of kaitiaki who want to uphold the tikanga that was passed down. We\u2019ve got to hang on to \u014cpihi.\u201d<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">Hemi Hireme was the only trustee able to give evidence in the Environment Court hearing on February 10, in which the trustees tried to have the Archeological Authority to develop the land reversed.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cWe know that when LORE walks into LAW it\u2019s always going to be an uphill battle,\u201d Hireme said.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">Hireme believed protecting \u014cpihi Whanaungakore could benefit the wider Whakat\u0101ne community and be a model for the country.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cWe are talking about the spiritual homeland of 50% of our community. That doesn\u2019t include the broader M\u0101taatua wh\u0101nau, which is a quarter of a million people. [It] is as much about our collective future as it is about the past.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cIt is a story about the tension between iwi corporate entities and hap\u016b, which is not limited to Ng\u0101ti Awa,\u201d he said.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cSince 2014, up until December last year, the r\u016bnanga and hap\u016b were unanimous in opposition to any development taking place.\u201d<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">In December, 17 delegates from various Ng\u0101ti Awa hap\u016b voted nine to eight to accept a proposal to allow development at a reduced scale, with a 500-metre buffer zone between residential homes and the official urup\u0101 site.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cTo my understanding, it was questionable whether it was informed consent. There was much of the detail missing and no opportunity to go back to the hap\u016b to consult,\u201d Hireme said.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">He questions the integrity of that democratic process. \u201cThat decision took away the unity, the solidarity that Ng\u0101ti Awa had. To say that it is a reduction in the scale of development is not an argument for us.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cThat\u2019s our spiritual homeland. It\u2019s not a commodity to be bargained with. We don\u2019t make deals with the sacred.\u201d<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">Te R\u016bnanga o Ng\u0101ti Awa chairman Tu O\u2019Brien said the r\u016bnanga made its decisions according to its charter and was accountable to its hap\u016b through its elected representatives.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cFrom time to time, our decision-making processes involve a forthright exchange of views. In any event, those decisions are matters for the r\u016bnanga, the hap\u016b and our uri.\u201d<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">Hireme described the desecration of w\u0101hi tapu as shameful to the mana whenua.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cImagine the pressure our kaumatua have been under since the 30s, watching their w\u0101hi tapu being desecrated, being concreted over, being destroyed, and how harmful and painful and shameful that must have been to them.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u201cRangatahi are waking up to that history and saying, \u2018no more\u2019. We are refusing to submit to that shame anymore. Not one acre more.\u201d<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">Another interested party, Ng\u0101ti Awa hap\u016b Ng\u0101i Taiwhakaea, who are mana whenua of the area, plan to take the matter further.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">Ng\u0101i Taiwhakaea was previously party to the Environment Court appeal by Te R\u016bnanga o Ng\u0101ti Awa against the Heritage NZ decision to grant archeological authority to developers of the block.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">When the r\u016bnanga withdrew its appeal, it meant Ng\u0101i Taiwhakaea was no longer able to give its evidence.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">It was left to the trustees, who had entered their own appeal, to make their case in court.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">Te R\u016bnanga o Ng\u0101ti Awa has been approached for a response.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u25a0 The following statement has been sent to the Beacon by Ng\u0101i Taiwhakaea.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">Ng\u0101i Taiwhakaea are tangata whenua with kaitiakitanga and mana whenua of the area that encompasses \u014cpihi Whanaungakore.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">The area subject to the proposed development is part of our urup\u0101, \u014cpihi Whanaungakore. This area is of profound cultural and ancestral significance. Our hap\u016b is named after our t\u016bpuna who are buried there. \u014cpihi Whanaungakore forms a part of a wider coastal landscape of urup\u0101.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">Ng\u0101i Taiwhakaea oppose the development of our urup\u0101. Our commitment to protecting our w\u0101hi tapu has not changed, just like our responsibilities to our t\u016bpuna have not changed.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">The trust is dealing with the Environment Court proceedings.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">We made the difficult decision to withdraw from the Environment Court and instead focus on a judicial review of Heritage New Zealand\u2019s decision to grant authority to modify or destroy our w\u0101hi tapu.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">The judicial review will focus on the lawfulness of Heritage New Zealand\u2019s decision-making process. Among other things, it will raise issues around whether relevant matters were properly considered, including engagement with us, as mana whenua, and its Treaty obligations.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">Ng\u0101i Taiwhakaea remain committed to ensuring that w\u0101hi tapu are treated with the seriousness and respect they deserve.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">Ng\u0101i Taiwhakaea will also engage in the Waitangi Tribunal process relating to these matters, including issues around the protection of w\u0101hi tapu and the Crown\u2019s Treaty obligations. It is deeply concerning when decisions affecting w\u0101hi tapu proceed without meaningful engagement with mana whenua. Our burial sites are not commodities. They are taonga of the highest order.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">As these matters will soon be before the High Court and Waitangi Tribunal, further comment is limited.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">The generations before us were kaitiaki of this space. The mantle now rests with us.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">We will not shy away from that responsibility.<\/p>\n<p class=\"dmpeAfkwcv\" style=\"display:none\">\u2013 LDR is local body journalism co-funded by RNZ and NZ On Air.<\/p>\n","protected":false},"excerpt":{"rendered":"Despite this, he said at least one of his fellow gravediggers had experienced visions of the spiritual realm&hellip;\n","protected":false},"author":2,"featured_media":331714,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[6636,1349,170,78,111,43,139,69,151244,78718,178105,157645,178106],"class_list":["post-331713","post","type-post","status-publish","format-standard","has-post-thumbnail","category-new-zealand","tag-challenge","tag-court","tag-development","tag-in","tag-new-zealand","tag-news","tag-newzealand","tag-nz","tag-pihi","tag-tapu","tag-trustees","tag-whanaungakore","tag-whi"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/331713","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=331713"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/331713\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/331714"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=331713"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=331713"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=331713"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}