Erebus memorial: Ombudsman finds ministry acted unreasonably over location
Monday, 28 March 2022
The chief ombudsman has found the Ministry of Culture and Heritage acted unreasonably in its public consultation over the planned Erebus memorial in Auckland’s Parnell.
The memorial, Te Paerangi Ataata – Sky Song, will commemorate the 237 passengers and 20 crew who died when an Air New Zealand flight crashed into Antarctica’s Mt Erebus in 1979.
It is planned for the Parnell Rose Gardens, but community opposition saw protesters occupy the site for over six months, beginning in February 2021. They were evicted in November.
“My view is that the ministry should have consulted the wider local community and all Tāmaki Makaurau iwi comprising the mana whenua before forming a preference for any site in Auckland,” Peter Boshier said in a report released on Monday.
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**
“To not do so is surprising given the Crown’s partnership obligations under Te Tiriti/Treaty of Waitangi and obligations at an international level to consult with indigenous peoples.
“This lack of consultation has denied wider community and Māori involvement in considering a range of possible locations for the national memorial. Some members of the local community and iwi still have a sense of grievance over this failure.
“This might reasonably be seen as tainting the memorial if no further steps are taken to resolve this before construction begins.”
Boshier also found the ministry acted unreasonably by not replying to correspondence it received about resource consent.
However, he said despite the lack of consultation, the ministry’s preference for the Parnell Rose Gardens was not wrong.
He said while there was opposition from some to the proposed site, there was also considerable support, including from some mana whenua and some Erebus families.
Sarah Sparks, the media liaison for the protest group, said the ombudsman's process was principled.
“It’s a relief for the community. It's been a hard journey but it’s not over yet.”
Sparks said the group had also submitted a petition to move the memorial, which had received 24,000 signatures, to Parliament, which she hoped would be taken more seriously following the ombudsman's ruling.
“It’s actually a seed to change, it’s initiated a number of processes which will be fulfilled in terms of dialogue.”
She hoped the ministry would begin mediation within two weeks, but understood it might take more time for it to process the result.
Manatū Taonga Ministry for Culture and Heritage chief executive Bernadette Cavanagh said she welcomed the ombudsman's report and had fully supported the ombudsman during the investigation.
“While the process the ministry undertook followed practice established over decades, we appreciate the Ombudsman’s comments and will take these into account in the future.”
Cavanagh said ministry officials had already begun dialogue with “opponents of the memorial”.
“I remain confident that correct and proper processes have been followed to select the National Erebus Memorial design, and that the environmental, cultural and heritage values of the park will be properly respected and protected.
“The findings announced today indicate that construction of the memorial can, and should, continue. This will be welcomed by the families and friends of those who lost loved ones.
“After more than 42 years since the Erebus tragedy, it is time for construction of this important national memorial to proceed,” she said.