Te Uru Taumatua has withdrawn its appeal against the High Court ruling in December 2023 that found the iwi entity had acted unlawfully in burning and removing dozens of backcountry huts from Te Urewera in late 2022.

In the original judgment, Justice Matthew Downs found that the decisions and actions of TUT, Te Urewera Board and the Department of Conservation were unlawful because there was no annual plan in place and the entities acted contrary to Te Urewera Act in failing to act so that as far as possible:

· the indigenous ecological systems and biodiversity of Te Urewera are preserved,

· Tūhoetanga, which gives expression to Te Urewera, is valued and respected, and

· freedom of public entry and access to Te Urewera is preserved.

Following the judgment, TUT and Te Urewera Board lodged an appeal against it and continued to down play any wrongdoing in the case until Monday this week, when it withdrew its appeal without comment.

The High Court case was brought by Waimana man Wharenui Clyde Tuna, who told the court, “Without the huts, we are less able to connect with Te Urewera.”

Speaking after the appeal was withdrawn, Mr Tuna said while TUT backing down was something of a vindication, the sentiment still stood.

“Already we are seeing less Tūhoe whānau and members of the public accessing Te Urewera. The tracks are not being maintained. Without the biodiversity huts that were burned down, the forest is becoming overrun with pests and bird numbers are declining.

“TUT promised that they were removing the huts so they could replace them with better versions. But as far as I know, they have only installed three portacom-type huts, two in the upper Ohinemataroa river and one in the Te Waiiti stream, and none of them are open to the public.

“Considering the High Court judgment, it would seem to be crucial to maintain and improve those huts that remain. But we haven’t seen that happening, which is a huge shame.”

The court case exposed the catastrophic breakdown of the relationship between TUT and DoC, which led to a situation where no annual plan for management of the former national park was in place for two consecutive years, including the time in which the burning of huts was carried out.

“Expenditure of Tūhoe and taxpayer money could have been avoided if TUT and DoC had managed Te Urewera in accordance with the principles of Te Urewera Act. We are thankful that TUT has withdrawn its appeal saving further costs.

“Moving forward, we can only hope that TUT and DoC can co-operate, and follow the principles of Te Urewera Act, to protect and enhance the forest and improve our ability to access and enjoy Te Urewera,” Mr Tuna said.

Wendy Aldred KC, who led Mr Tuna’s legal team, says she was “pleased the appeal has been abandoned and Mr Tuna’s claims vindicated by the High Court’s findings of unlawful conduct by TUT, Te Urewera Board and DoC.

“The judgment should be used to guide future lawful decision making for the benefit of Te Urewera.”