A tino rangatiratanga flag flies at Lake Rotokākahi tapu near Rotorua.
Photograph: LDR/Laura Smith

Fencing at the work site of a controversial sewer scheme was removed on Friday while Rotorua council awaits a court decision to proceed.

This is the second time Rotorua Lakes Council has asked the court for help to progress the $29 million Tarawera Sewerage Project.

An injunction was first applied for in May to stop “interference” in the construction of the plan.

A one meter buffer has been proposed around the work area on Tarawera Street.

This followed protest action by mana whenua earlier in the year, when there were concerns that the pipeline passed through a wāhi tapu area on Lake Rotokākahi, which were said to have been known since at least 2019.

The council alleged that between January 29 and February 1 “unknown participants negligently, deliberately or maliciously stopped, obstructed or interfered with the works…” and said it expected this to continue when works resume.

The measure was neither accepted nor rejected.

Work was paused once again in August following a 100-strong hīkoi opposing the pipeline route.

He moved towards the lake and a fence line was set up with security and cameras.

But he could go no further as Mana Whenua occupied his land opposite the fence, at the access point to the lake.

They feared the pipeline risked environmental damage to the water and the area where tūpuna (ancestors) were buried nearby during the 1886 Mount Tarawera eruption.

At a council meeting in late September, elected members voted to continue the work following an update from police, staff and contractors.

The decision was taken in a session not open to the public.

Precautionary measures have been renewed.

The council, which has not made any decisions to date, temporarily reduced the scale of the work area on Friday.

New cameras and temporary fencing were installed on the site in August.
Photograph: LDR/Laura Smith

An update from the community said this allowed the road to fully reopen ahead of Labor Weekend, under conditions set by an injunction, until we know when work will resume.

“Discussions regarding iwi and hapū continue and the Tarawera Sewerage Plan is vital to protect the health of the lake, the community and the natural environment.

“While the urgency of the work continues and the court’s decision on the application for interim injunction is expected soon, the decision to reduce the work area was also made in the meantime.”

It was stated that the update will provide relief to local and visitor traffic and save additional costs in site security and traffic management.

City Councilman Don Paterson said at his October meeting that the cost of each day construction was halted was $20,000.

There are approximately four weeks of work left until the pipeline is completed.

The lake is in the Tūhourangi and Ngāti Tumatawera rohe and is overseen by the Rotokākahi Control Board.

The board of directors serves as the kaitiaki of the lake, which is owned by the iwi and closed to the public.

Board spokesperson Te Whatanui Leka Skipwith (Tūhourangi) said iwi would not stand idle.

“We will continue to fight this.”

Rotokākahi Control Board spokesperson Te Whatanui Leka Skipwith by the lake.
Photograph: LDR/Laura Smith

A group went to Auckland Government House on Monday to “demand for the protection of Lake Rotokākahi”.

He has previously said the protests could have been prevented if the council had listened to Mana Whenua’s concerns, and the council said it had done so.

Skipwith said that in the time of hīkoi, people called it “another Ihumātao.”

The control board and “unknown persons” were named as defendants in the injunction suit.

Co-chairman Peter Moke organized the protest in January. He previously told Local Democracy Reporting that he believed no one in the group was responsible for the incident that led to the appeal.

The council was considering a request from Local Democracy Reporting for a copy of the renewed application under the Local Government Meetings and Information Act.

– LDR is local body journalism jointly funded by RNZ and NZ On Air.

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