Background The factual background concerning Ihumātao is complex and has been well documented. This report does not attempt to provide a detailed account of the events to date. Instead, it set out below a brief summary of the facts most relevant to the human rights issues addressed later in the report. The current issue in dispute at Ihumātao relates to the proposed construction of 480 houses by Fletcher Building on Puketāpapa, a land plot of 32 hectares at the end of Ihumātao Peninsula, south Auckland.3 Puketāpapa has strong spiritual, cultural and archaeological meaning for local iwi and hapū (mana whenua). It was the site of the oldest known human settlement in Auckland and has been said to contain urupā (burial sites) and other evidence of early human occupation.4 The land at Puketāpapa was traditionally occupied by mana whenua until it was confiscated by the Crown in 1863.5 The Waitangi Tribunal in its Manukau Report of 1985 stated:6 … the inhabitants [were] attacked, their homes and property destroyed and their cattle and horses stolen, but then they were punished by confiscation of their lands, for a rebellion that never took place. In 1866, the Crown subsequently sold Puketāpapa into private ownership.7 Mana whenua have maintained a presence, including at nearby Makaurau Marae and Ihumātao village. In 2007, the Auckland Council recognised the cultural and historical significance of Ihumātao to local Māori and designated it an open space and unavailable for development.8 The designation was challenged in the Environment Court by the private landowners.9 At that time, the local Mārae Trust Board and Iwi Authority opposed any urban development on Ihumātao.10 In 2012, the Environment Court found in favour of the landowners and determined the land could accommodate urban development as well as the cultural significance of the land to Māori. 11 In 2014, the Auckland Council rezoned the land as a Special Housing Area to allow for intensified residential development. This decision was made under specific legislation that was designed to fast-track special housing developments. It 8