The OOCL New Zealand at the Port of Tauranga, Sulphur Point.
Port of Tauranga has been given long-awaited approval to dredge its shipping channel, paving the way for larger container vessels and more cargo to enter the harbour.
One of the appellants, Ngai Te Rangi, was also encouraged by the Environment Court decision released yesterday, saying it was looking forward to implementing a strong relationship with the port company.
The court is recommending to the Minister of Conservation Kate Wilkinson that the consent to dredge be granted. But final consent conditions are still to be drafted and approved by the court early in the new year.
Charlie Tawhiao, chairman of Ngai Te Rangi, said the court judgment referred to the poor state of the relationship between the port company and local iwi, which "largely led to the appeal". Hapu Nga Potiki and Ngati Ruahine were also appellants.
Mr Tawhiao said it was good to get a decision that improved the iwi's position compared to what it was before the appeal.
"The dredging was approved [by Bay of Plenty Regional Council] when we thought we would be involved in the development of the harbour," he said.
"The problem with consultation in this case was that we were fundamentally opposed to what we were being consulted about, and there was no room to move."
Mr Tawhiao said he had yet to talk to the port about how the relationship would be managed.
"We are still reviewing our options, but we are encouraged by the court's direction of the need to improve the relationship with tangata whenua and avoid taking other issues to court."
Neither the Port of Tauranga chief executive Mark Cairns nor the chairman John Parker were available for comment yesterday afternoon.
The appellants were concerned about losing their Paritaha pipi beds and some of the Tanea Shelf rocks at the base of Mauao through the dredging.
"We see the harbour as a living entity, an ancestor with whom we have a relationship, rather than a natural resource to be exploited," Mr Tawhiao said. "We have never denied the argument around economic development but it has to be balanced with the need to protect the environment."
The proposed dredging would remove 15 million cubic metres of material - mainly sand but also some shells and boulders.
The port company told the court it would establish plans for kaimoana restoration, such as re-seeding pipi beds, and boulders containing marine life would be moved outside the wider shipping channel at the Tanea Shelf to create an artificial reef in shallower water.
The regional council recommended that a resource consent be granted to Port of Tauranga in June 2010, but the conservation minister delayed making a decision while the appeal took place. The final submissions were made the Environment Court last month.
The port is now expected to begin the first stage of its $50 million dredging programme next year, first increasing the depth of the shipping channel by one metre. At present, an average of five container vessels, fully laden with export cargo, have to wait for high tide to leave the port.
Mr Cairns earlier said that the dredging would be completed in stages to match shipping and market demand.
Eventually, the port wanted to cater for the large ships carrying up to 7000 TEUs (20-foot equivalent containers).
This would require dredging the shipping channel more than three metres.
The recommended consent allows Port of Tauranga to deepen the channel from 12.9m to 16m inside the harbour, and from 14.1m to 17.4m in the harbour entrance and past Mauao.