Valentina Trustees charge over Far North pā site damage dismissed

Detailed summary

That missing piece sank Heritage New Zealand's case against Valentina Trustees, with Environment Court Judge Jeff Smith dismissing a charge over earthworks that damaged culturally…

In a stinging ruling, an Environment Court judge has dismissed a prosecution over earthworks at an ancient Far North pā site, finding that critical gaps left a fundamental question unanswered.

That missing piece sank Heritage New Zealand's case against Valentina Trustees, with Environment Court Judge Jeff Smith dismissing a charge over earthworks that damaged culturally significant sites in the Far North.

Valentina Trustees was charged over alleged damage to six archaeological sites on its property at Takarau Bay in the Far North.

The 70ha block stretches from the Hihi Peninsula to west of Taemaro and contains the spiritually significant Puketakahia Pā kāinga (home) site on Maunga Whakaangi.

At the judge-alone trial in October, Heritage NZ had to prove that the company knew or ought reasonably to have suspected that the sites contained archaeological features.

Of the six areas identified, only two were officially recorded with authorities.

What remained unclear was what further work the contractor had been instructed to do, after one pā site was flattened.

Heritage NZ told the court that it tried to contact Tahere Contracting, but the company declined to engage.

No contractor witnesses were called to the trial, and no evidence of communications or terms of agreement between Tahere and Valentina was submitted.

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