![]() ![]() Appeals to the High Court under the RMA are limited to questions of law. That decision was appealed to the High Court by Ngāti Awa (in respect of the regional consents) and by Sustainable Otakiri (in respect of the district consents). The Court granted all consents to Creswell subject to conditions. The Environment Court issued a combined interim decision dealing with all appeals. Ngāti Pikiao Environmental Society and Te Rūnanga o Ngāi Te Rangi Iwi Trust supported Ngāti Awa’s appeal. The Commissioners’ decision was appealed to the Environment Court by various parties including local iwi Te Rūnanga o Ngāti Awa, and a group of local residents - incorporated as Sustainable Otakiri Inc. (b) Land use consents from Whakatane District Council to allow for the expansion of the existing bottling plant. ![]() (a) Water permits from Bay of Plenty Regional Council to take ground water from the Otakiri aquifer for the water bottling operation (along with various other consents which were not at issue) and To this end Creswell applied for and was granted, by a joint Independent Hearing Committee: We provide a summary of these below.Ĭreswell entered into an agreement to purchase land and an existing water bottling operation at Otakiri, with plans to expand operations which involved building a new purpose-built plant to significantly increase water bottling production capacity. ![]() We acted for Bay of Plenty Regional Council in these proceedings, which raises some important legal issues. This has given rise to sensitivities around foreign companies controlling and exporting NZ water resources, and rising concerns around plastic waste. This case has attracted much attention given the business will be owned and operated by Creswell NZ, a wholly owned subsidiary of Chinese water bottling company Nongfu Springs. On 17 December, the High Court (Justice Gault) issued its decision in Te Rūnanga o Ngāti Awa v Bay of Plenty Regional Council dismissing appeals from an Environment Court decision granting consent to the expansion of an existing water bottling operation near Otakiri in the eastern Bay of Plenty. "Why are we exporting our purest water when our own people living in Whakatāne, Murupara and Kawerau drink water of the lowest acceptable quality for human consumption?" said Harawira.Case Summary: Te Rūnanga o Ngāti Awa v Bay of Plenty Regional Council In December last year, following the High Court decision, Ngāti Awa chairperson, Joe Harawira, took issue with "successive governments" failing to address the "very real issue" of water rights in New Zealand. ![]() The High Court rejected the iwi's case and now the Court of Appeal has backed the lower court's decision, ruling that the adverse effect of the expanded export and use of bottles produced at the plant on the environment were beyond the scope of the consent process, RNZ says. Ngāti Awa argued in that case that the bottling of water from Otākiri in the Awaiti Canal Aquifer groundwater catchment would have irrevocable and negative effects on te mauri o te wai – the life force of the water – and render Ngāti Awa unable to be kaitiaki. The iwi lost their previous appeal in the High Court in 2020 to stop Creswell New Zealand Limited - a subsidiary of Chinese soft drink giant Nongfu Spring - from expanding its Eastern Bay of Plenty plant. Ngāti Awa's court case to stop a water bottling company from extracting a billion litres of water from an Otākiri aquifier near Whakatāne has been dismissed by the Court of Appeal, RNZ reports. ![]()
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