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New Zealand Sustainable Matatā v Bay of Plenty Regional Council[2015] NZEnvC 90

New Zealand
East Matata in Whakatane district
Approved in 2016
Case
Indigenous Model
" Lot 6A" Wastewater Treatment Plant (“the Treatment Plant”) on land east of Matata, and a land application field (“the LAF”) to be sited on a council reserve on a dune formation.
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.

To see the original legal document(s) for this initiative, click the links below:

Sustainable Matatā v Bay of Plenty Regional Council _2015_NZEnvC_90 [PDF]

To see other supplementary information related to this initiative, click the links below:

April 2016 Māori Law Review

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