Sentencing — modifying archaeological site — historic places — heritage — tikanga — Heritage New Zealand Pouhere Taonga Act 2014 — Historic Places Act 1993 (repealed) — Thurston v Manawatū Whanganui Regional Council HC Palmerston North CRI-2007-054-2550, 27 August 2010 — New Zealand Historic Places Trust v Cowley [2012] DCR 381. The defendant company appeared for sentence on a charge of modifying an archaeological site. It had conducted earthworks with the aim of starting a vineyard. The earthworks in question were on the archaeologically-significant Wairau Bar. The defendant failed to obtain permission from Heritage New Zealand to conduct the earthworks, and conducted the earthworks without an archaeologist present. The Court observed that historic places have a very high social value. The aggravating features of the offending were deliberately flouting the requirement to get permission from Heritage New Zealand; and the archaeological significance of the site, which evidence before the Court referred to as the "cradle of civilisation in New Zealand". The Court stated that the extent of the damage could not be exactly determined, but it was likely to have been considerable and possibly irreversible. The start point for fine was $85,000. After reductions for guilty plea, willingness to participate in a tikanga-based resolution, payment of $15,000 for educational purposes, and lack of prior offending, the final fine was $55,250 plus court costs of $130. Judgment Date: 15 March 2024