Groups' application for leave to appeal Mt Messenger decision rejected by Supreme Court

Monday, 19 July 2021

The $280m Mt Messenger bypass project moved a step forward after an application to seek leave to appeal a High Court decision in the Supreme Court was rejected.

The $280 million Mt Messenger bypass project has taken a “positive step” forward after a Supreme Court ruling against two opposition groups.

Poutama Kaitiaki Charitable Trust and Ahititi farmers Tony and Debbie Pascoe, who own land being used for the bypass, sought leave to appeal a High Court decision allowing the roading project to go ahead.

But in its judgement, released on July 15, the Supreme Court dismissed the groups’ application.

The court’s decision has been called a “positive step” for the project by Waka Kotahi New Zealand Transport Agency, which says the bypass will improve the safety and reliability of the section of SH3.

* High Court dismisses application to recall Environment Court decision on Mt Messenger bypass project

* $200m Taranaki Mt Messenger state highway bypass project inches closer to start date

* Special hui for iwi to vote on $200m Mt Messenger bypass deal

* Iwi get cash payment of $7.7m in deal done over $200m Taranaki road project

First announced in 2016, construction of the then $200m project was due start in the 2019/2020 summer.

But construction has been delayed in part by the ongoing court action by the two groups, and the budget has grown by 40 per cent to $280m.

The project was given the go ahead in an interim decision by the Environment Court in 2019 but the Pascoes and Poutama appealed this in the High Court; in particular the ruling that they did not hold kaitiakianga or tangata whenua status over land.

The Environment Court found neither the Pascoes or Poutama had Maori ancestry linking them to the land, nor was there any evidence Poutama was an iwi exercising mana whenua.

The Environment Court held that North Taranaki iwi, Ngāti Tama, exercised mana whenua and kaitiakitanga over the land.

Construction of the $280m Mt Messenger bypass is expected to get underway in September 2022.

In its appeal decision, the High Court found there were no errors of law made by the Environment Court, and its decision was based on factual evidence and could not be challenged on points of law.

The groups then attempted to have the Environment Court decision recalled, but this was dismissed by the High Court.

The recall attempt then meant the application to seek leave to appeal from the Supreme Court ran out of time and an extension was sought.

In its decision, the Supreme Court granted the extension but dismissed the application to seek leave anyway.

In applying to the Supreme Court the groups had sought to bypass the Court of Appeal and have the appeal heard in the country’s highest court instead.

But in its judgement the Supreme Court ruled there was nothing in the High Court decision which would allow the groups appeal to “leapfrog” the Court of Appeal.

The Supreme Court also ordered the groups jointly pay the Taranaki Regional Council and New Plymouth District Council $500 each, Waka Kotahi $2500 as respondents, and Te Rūnanga o Ngāti Tama Trust $1500, as an interested party.

In a written statement, Waka Kotahi regional relationships director Linda Stewart said the Supreme Court decision was a “positive step in our goal of providing a new section of SH3 that will significantly improve the safety and reliability of journeys through this area”.

The agency had targeted September next year to start main construction and completion of the project in late 2026, Stewart said.

A further appeal against the project’s recourse consents and design is due to be heard in the High Court on October 18-19.

Correction: The original version of this story has been updated. Construction on the bypass is expected to begin in September 2022.