The Matapihi community is taking to the Maori Land Court as it continues to challenge Tauranga City Council's Southern Pipeline project crossing the peninsula.

Tio Faulkner is seeking an injunction against the pipeline, which is proceeding along the route of Matapihi Road.

Matapihi residents protesting outside Tauranga District Court.

The legal dispute is over who owns the roadway.

Tio claims the council is assuming ownership when he says there is evidence it has never been properly vested with the council.

While Matapihi residents gathered outside the court with banners and placards, Judge Stephen Clark set out a time table for the exchange of papers between the parties which should be completed before Christmas.

The judge is proposing to stand aside before the hearing to avoid a perception of bias as he recognised a second cousin's name on the petition and presides over prior Waitangi Tribunal hearings that will form part of the evidence.

Judge Clark recommended Tio get a lawyer because he will have to prosecute the case and requested the council provide a map of the pipeline route across Matapihi.

When asked afterwards why he's taking the action, Tio says it's because the Matapihi community has not been consulted about the pipeline project crossing their land.

'We don't even have a map. So they've been taken advantage of in some many ways. They have not been properly informed.

'The residents were not notified when their driveways would be dug up. We received notices when they cut the power, when they cut telephones when water needs work. No resident was notified when their driveway would be dug up and that they would have limited access for a certain period of time.”

Tio says they have not been advised by council how the rectification will look afterwards. Matapihi community has not been properly consulted.

'There is the process of iwi consultation but that is not the same as community consultation with owners of the land, Maori land.

'It's important the owners are made aware, and the owners are not aware. There may be trustees on the land, but they are not the owners. And if council is taking land by easement, the owners must be made aware.

'They are presuming the land is vested in council and we have evidence that it is otherwise.”

Speaking outside the court, Tauranga City Council general manager infrastructure services Ian Gooden says the court action will not stop the $102 million project.

Contractor HEB construction has already completed about 350 metres of pipeline alongside Matapihi Road.