Te Arawa Lakes Trust (TALT) acknowledges the judgment of the High Court in Rotokākahi Board of Control v Rotorua District Council [2026] NZHC 2380, delivered by Justice Tahana on 13 August 2026. The Court granted the Rotokākahi Board of Control’s application for judicial review, declaring that the Rotorua Lakes Council’s decision to proceed with the Tarawera sewerage scheme, and its subsequent notice under section 87BB of the Resource Management Act 1991, were both unlawful.
We congratulate the Rotokākahi Board of Control for their continued pursuit of protecting their lake. Rotokākahi is tapu, and the Board is the body established to govern and control the lake on behalf of the whānau who whakapapa to the lake. The mana to speak on behalf of the whānau and the lake, is the responsibility of the Board and TALT want to reiterate that we support the Board in the position it has taken.
The Court recognised that TALT and the Rotokākahi Board carry separate statutory and settlement responsibilities. Following the 2006 Te Arawa Lakes settlement, the beds of the other Te Arawa lakes were vested in TALT, and TALT holds a formal role as a partner in the Rotorua Lakes Strategy Group — the joint committee responsible for the sustainable management of the Rotorua lakes and their catchments, which expressly includes Rotokākahi. At the same time, the Court was clear that the whakapapa and historical relationship between the Board and TALT cannot be viewed separately. Our roles are distinct, but they are connected.
The judgment turned on a failure to consult. The Court found that the Council was required to engage directly with the Board before deciding to proceed and did not. In reaching that view, the Court recognised that consultation must reflect the diverse roles and authorities that exist among Te Arawa entities — that the right people must be engaged, at the right stage, with the right authority. That principle reaches well beyond Rotokākahi.
“This is an important judgment, and we welcome the clarity it brings,” said Wallace Haumaha, Chairman of Te Arawa Lakes Trust. “It affirms that those who hold mana over our lakes must be engaged directly and early on the decisions that affect them. For Rotokākahi, that authority sits with the Rotokākahi Board. For the wider Rotorua lakes, it reinforces the role of Te Arawa Lakes Trust and of mana whenua, and it sets a clear expectation for how the Rotorua Lakes Strategy Group and councils must work with us going forward.”
Issues affecting Rotokākahi have wider implications for all of the Rotorua lakes and for the Strategy Group. TALT will use this judgment constructively — not to assume any role that belongs to the Board, but to reinforce a collective and collaborative approach to the governance of the Te Arawa lakes. We will be seeking clearer processes within the Rotorua Lakes Strategy Group so that, on significant activities affecting the lakes and their catchments, there is early and effective engagement with the entities that hold authority.
“Our commitment to the health of Lake Tarawera and all of our lakes is unchanged,” said Mr Haumaha. “The degradation of these waters is real and it must be addressed. What this judgment tells us is that lasting solutions come from getting the process right — from working together, with respect for each other’s roles, rather than around one another.”
Te Arawa Lakes Trust will continue to work alongside the Rotokākahi Board, mana whenua, and our Strategy Group partners to protect the mauri of the Te Arawa lakes for present and future generations.
Ends
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