An Environment Court decision has approved housing development on land adjacent to an urupā site in Whakatāne, despite strong opposition from Ōpihi Whanaungakore Trustees who consider the area wāhi tapu. The court granted Archaeological Authority for development on a reduced area of less than half of a 26.9-hectare block owned by Whakatāne District Council, following an appeal hearing held in February.

The trustees had challenged the Heritage New Zealand decision through their lawyer Max Harris, arguing there were procedural errors and seeking to have the matter heard by the Māori Heritage Council instead. Trustee Hemi Hirime described the 22.6-hectare urupā boundary as "an arbitrary colonial line" and claimed the sacred site extends further west along Bunyan Road. While the Environment Court judges acknowledged that Heritage NZ's decision was "deeply flawed" and failed to meet statutory requirements, they still permitted the scaled-back development to proceed. The trustees have indicated they will return to whānau to consider their remaining legal options.