Te Rūnanga o Ngāti Awa High Court Appeal – Creswell

media

Status: For immediate release

Date: 17 January 2020

Subject: TE RŪNANGA O NGĀTI AWA APPEAL ENVIRONMENT COURT DECISION ON CRESWELL’S WATER BOTTLING OPERATION TO THE HIGH COURT

After careful consideration since receiving the Environment Court’s decision on 10 December 2019, Te Rūnanga o Ngāti Awa has today lodged an appeal in the High Court against the Environment Court’s majority decision to allow Creswell NZ Limited to take extract 1.1 billion litres of water per annum for water bottling from the Awaiti aquifer. This aquifer is in the rohe of Ngāti Awa.  

Environment Court appeal and decision

In 2018, Te Rūnanga o Ngāti Awa lodged an appeal in the Environment Court opposing the consents granted to Creswell NZ Ltd to extract 1.1 billion litres of water per annum for water bottling.   An appeal hearing was held in May 2019. Our evidence and legal submissions were heard by the Environment Court at Te Mānuka Tūtahi Marae, Whakatāne.

In the week of the Whakaari eruption, on 10 December 2019 we received the Environment Court’s decision on our appeal against the decision to grant Creswell consent to take water for the purpose of bottling and export.  The majority of the Environment Court confirmed the Regional Council’s decision (and therefore Creswell’s application) to take water for the purpose of bottling and export, and dismissed our appeal in part.   One of the three Commissioners recommended Creswell’s consent be declined.

High Court Appeal

As a result of our on-going concerns, and after careful consideration of the Environment Court’s decision, Te Rūnanga o Ngāti Awa has lodged an appeal in the High Court.  Appeals to the High Court from decisions of the Environment Court are restricted to points of law.

Leonie Simpson, Manahautū (CEO) Te Rūnanga o Ngāti Awa says “We are extremely concerned about the effects on te mauri o te wai, and the ability of Ngāti Awa to exercise kaitiakitanga due to Creswell’s proposed activities. As kaitiaki and tangata whenua we must be included in decisions about our taonga and on issues that affect us in our rohe”.

Te Rūnanga o Ngāti Awa also remains focused on caring for our manuhiri, their families, friends and our staff through the Whakaari tradgedy. 

Our communications priority for this High Court appeal is to keep Te Rūnanga o Ngāti Awa Representatives and hapū updated on progress, and we will not be making any further comment at this time.

ENDS

For enquiries please contact:

Leonie Simpson

Manahautū (CEO) Te Rūnanga o Ngāti Awa

leonie@ngatiawa.iwi.nz