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New Zealand court case Sustainable Matatā v Bay of Plenty Regional Council (2015)

East Matata in Whakatane district
in 2016
Court Case
Indigenous Model
All Nature
Whakatane District Council, Bay of Plenty Regional Council, Sustainable Matata Inc, Papakainga Komiti Inc.
Indigenous

Summary

In 2015, the Environment Court ruled on Whakatane District Council’s proposed Wastewater Management Plan at East Matata. In its ruling, the Court found that Te Mana o Te Wai means more than just the mauri of a waterbody and encapsulates the entire waterbody including its banks and beds. It was accepted that there is a relational aspect to te mana o te wai which is central to tāngata whenua values and their kaitiaki responsibilities. This evidence and taking into account all effects under s 171 of the RMA, and the cultural impact under s 104(1)(c), concluded that Lot 6A was not an appropriate site for the Treatment Plant and the LAF had potential indirect adverse effects which had to be addressed.

Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2025. Distributed by the Eco Jurisprudence Monitor.https://ecojurisprudence.org/initiatives/sustainable-matata-v-bay-of-plenty-regional-council2015-nzenvc-90/.

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Legal Document

Sustainable Matatā v Bay of Plenty Regional Council _2015_NZEnvC_90
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Additional Resources

April 2016 Māori Law Review
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