The High Court has delivered a scathing judgment against the Rotorua Lakes Council, declaring two of its key decisions regarding the Tarawera sewerage scheme unlawful.
In a ruling released on August 13, 2026, the Court found the Council failed to properly engage with the Rotokākahi Board of Control before proceeding with infrastructure works near Rotokākahi, a lake considered tapu by its legal owners Tūhourangi and Ngāti Tūmatawera.
The Court’s decision, Rotokākahi Board of Control v Rotorua District Council [2026] NZHC 2380, invalidates the Council’s initial decision to proceed with the scheme and its subsequent use of a section 87BB notice, which had exempted the project from requiring resource consent.
“Wrong Legal Principle”
Justice found the Council’s process flawed on multiple fronts. Despite being aware of the Board’s “grave concern” regarding the project, the Council failed to seek the Board’s views, effectively bypassing the required consultation.
Furthermore, the Court ruled that the Council operated on a “wrong legal principle” by ignoring protections inherent in its own planning documents for the Lakes A Zone. These documents explicitly stated that resource consent was mandatory for the earthworks involved in the sewerage project.
In its decision to bypass the resource consent process using a section 87BB notice, the Council argued that the cultural effects of the works were “less than minor.” The High Court rejected this, stating that the Council had measured the duration of the earthworks rather than their cultural impact on the sacred landscape.
“Not the End”
For the Rotokākahi Board of Control, the judgment serves as a significant vindication. Board Chair Wally Lee described the findings as “serious” and demanded accountability.
“The pipeline may now be in the ground, but completing the works does not erase the unlawful decisions that allowed them to proceed, nor the cultural, environmental and intergenerational consequences our people are left to carry,” Mr Lee said.
The ruling also highlights the tension between the Council and the local community. During the development of the project, the Council sought a court injunction against protesters, an action funded by ratepayers. The High Court’s ruling confirms that those community members were opposing what has now been legally identified as the Council’s own unlawful conduct.
Te Whatanui Skipwith, representing the group Protect Rotokākahi, stated that the ruling validates a two-year campaign. “The High Court has now confirmed that our concerns were justified,” Skipwith said
Mr. Lee confirmed that the Board is currently reviewing the judgment and seeking further legal advice, noting that the iwi remains clear that “unlawful decisions affecting Māori-owned whenua and a tapu ancestral landscape cannot be made without consequence”.
The Rotorua Lakes Council has been contacted for comment.