Te Rūnanga o Ngāti Awa and Sustainable Otakiri have been granted leave by the Supreme Court of New Zealand to continue their long-running legal opposition to the proposed expansion of the Otakiri Springs water bottling plant.

In 2016, Creswell NZ, a subsidiary of China's largest water bottling company, Nongfu, entered into an agreement to buy the water bottling business at Johnston Road, Otakiri.

The company then applied for consents from the Bay of Plenty Regional Council to increase its water take from the Otakiri aquifer and from the Whakatāne District Council, to vary conditions of its land use consents to increase the size of its plant.

The consents were granted and upheld by the Environment Court and in subsequent appeals to the High Court and the Court of Appeal by Te Rūnanga o Ngāti Awa, other iwi groups and community group, Sustainable Otakiri.

A judgement released by the Supreme Court on Monday grants leave for the rūnanga and Sustainable Otakiri to appeal the Appeal Court decision.

Ngāti Awa is also granted leave to appeal to the Supreme Court on High Court findings that its ability to exercise kaitiakitanga could not be considered in the case. An extension of time has been granted for this.

Both appellants were declined leave to appeal for costs.

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