Spark NZ has withdrawn its application for resource consent for a cell phone tower at Lake Hawea following community opposition and a legal challenge in the Environment Court.

Wanaka Ward councillor Niamh Shaw characterised the decision as Spark getting a “legal spanking” from the Hawea Community Association (HCA), but Spark NZ told the Wanaka App they withdrew their application because the telco’s network requirements had changed.

Spark’s application to erect a 15m cell tower at the edge of Peter Fraser Park in Lake Hawea township was considered by an independent hearing in July last year, because the proposed cell tower mast didn’t comply with the National Environmental Standards for Telecommunications Facilities (NESTF).

All 21 submissions opposed the application, citing concerns about the tower’s location; landscape visual and amenity affects; and health and safety of radio frequencies associated with 5G. Other concerns covered the effect on neighbouring property values and the impact on the nearby community centre as a civil defence base and helipad.

Spark’s legal counsel said there was a critical need for a new telecommunications facility to provide sufficient coverage and capacity on Hawea’s mobile network, to cater for the increasing demand for data usage and future population growth. Spark underook a lengthy site selection process for new sites, using various criteria and with the input of a number of experts. 

The commissioners’ approval of the consent was appealed to the Environment Court by the HCA, aided pro bono by legal firm Todd & Walker Law.

Todd & Walker was “delighted” its assistance led to success for the HCA, lawyer Graeme Todd announced on social media on Monday (February 2): “...Faced with the appeal Spark have now surrendered their consent and found an alternative site out of town,” Graeme said.

However, Spark corporate relations partner Arwen Vant told the Wanaka App the telco had withdrawn the consent application “because Spark’s network requirements for Hawea have changed since we made the application, as a result of the termination of the lease for the existing rural Hawea site”.

She said Spark has identified an alternative approach that will not require the Hawea township site, which the company is now working on. She did not identify the site.

“Moving forward and as the Hawea township grows, further telecommunications infrastructure will be required to meet user demand. We’re looking forward to working collaboratively with the Hawea Community Association and wider community,” Arwen said.

The HCA was approached for comment.

PHOTO: Wanaka App