High Court releases decision dismissing appeal

On Friday 6 August 2021, the High Court released their decision dismissing the appeal in Ngai Tamahaua Hapu Committee v Heritage New Zealand and Ōpōtiki District Council.

Background

In June, November and December 2020, Heritage New Zealand Pouhere Taonga granted three archaeological authorities to Ōpōtiki District Council for a series of works related to the Harbour Development.

In December 2020, Ngai Tamahaua Hapu Committee lodged appeals against these archeological authorities. The appeals were received late (128, 23 and four working days late) and Ngai Tamahaua Hapu Committee requested a waiver for late lodgment from the Environment Court.

In March this year, the Environment Court refused the request for a waiver. This case was an appeal against that decision of the Environment Court.

The Hon Justice Jagose delivered his decision on Friday dismissing the appeal. You can read the full decision on the High Court website when it becomes available - Judicial Decisions Online (justice.govt.nz)