Hapu¯ confer on support for bill
After months of ko¯ rero, hapu¯ are to decide whether they will support a controversial bill connected to a legacy of land confiscation.
An updated version of the New Plymouth District Council (Waitara Lands) Bill has been drafted which could provide hapu¯ Otaraua and Manukorihi with a multi-million land development fund, gifted sections of property, options to purchase whenua and co-governance roles with council.
The two hapu¯ are to meet together today to discuss the updated bill and determine a way forward.
The bill, which was first introduced to Parliament in September 2016, allows for 770 Waitara leasehold properties, valued at $90 million, to be purchased freehold at market value. About 60 hectares of land was to be given back to Te A¯ tiawa but in the updated bill, hapu¯ are set to directly benefit instead.
The land in question was originally confiscated in 1865 by the Crown from the iwi and the two hapu¯ .
At its first introduction, the bill was widely panned by Ma¯ ori and the affected leaseholders. The level of opposition to it was felt during the Ma¯ ori Affairs select committee hearings, which considered 118 submissions on the bill, most of which were against it.
However, the committee – after several delays – eventually endorsed the bill but suggested amendments be made to better benefit iwi and hapu¯ .
Since then, there have been ongoing hui between hapu¯ representatives, council staff and others to try to find a resolution.
New Plymouth mayor Neil Holdom acknowledged the land had been confiscated from Ma¯ori by the Crown before it was transferred to the Waitara Borough Council in 1941.
‘‘We recognise the pain and hurt of the hapu¯ at not having the land back,’’ Holdom
What’s in the bill
The bill enables leaseholders to purchase freehold their leased properties at market value.
From the sale of these properties over the next 20 years, $28m over the same period will assist the two hapu¯ to purchase, manage or develop land in Waitara. Approximately $28m will go to Waitara projects, co-governed by the hapu¯ and NPDC, also over a 20-year period. Approximately $34m will be allocated to Waitara River and environment projects. This will be co-governed by the hapu¯ and iwi with interests in the river and Taranaki Regional Council.
The bill gifts 44 hectares of land to the hapu¯ : 13 hectares of developed residential land and 31 hectares of reserve land. The hapu¯ will gain titles to parks and reserves totalling 13 hectares, if they choose to accept them.
The hapu¯ also have the option to purchase five Crown reserves totalling 26 hectares, namely Pukekohe Park, parts of Ranfurly Park, James Nuku Reserve, Te Puna Park and Joll St Reserve. The reserves will be cogoverned with NPDC and there would be continued public access.
The bill allows hapu¯ an option to purchase another 35 hectares of land in Waitara, including a part of Ranfurly Park and the Waitara Golf Course. said. But Holdom said giving the land back was not an option because of the council’s financial obligations to the district’s residents, so another way through needed to be found.
He accepted the draft law was not perfect but represented the best way forward and if it did not pass, it would be a ‘‘lost opportunity for this generation to resolve this historic and complex matter for the benefit of Waitara’’.
While he praised the efforts of the hapu¯ leaders, Holdom accepted the concerns leaseholders had about the impact the legislation would have on them financially.
‘‘NPDC acknowledges the criticism from leaseholders that market value has risen significantly since the issue was first raised many years ago.
‘‘However, like the situation for the hapu¯ where they cannot get the confiscated land back, the bill reflects the reality that NPDC has an obligation to all 80,000 people in the district and cannot legally sell publicly owned land below market value, no matter what the history,’’ he said.
Members of Manukorihi and Otaraua met separately on Sunday to talk about the bill ahead of the planned joint hui. If the bill is endorsed by hapu¯ , it will go back before a NPDC council meeting and then to Parliament.
New Plymouth MP Jonathan Young, who is in charge of the bill, said he had been part of some of the discussions with hapu¯ . He hoped to get the bill back before Parliament for its third reading in late November or early December. He was confident it would pass without any problems.
How did we get here?
Property
Parks and Reserves
Source: New Plymouth District Council
All endowment land in Waitara is in the hands of the town’s borough council, NPDC’s predecessor.
Local government amalgamation takes place in New Zealand. At its first council meeting, NPDC decides to freehold its leasehold lands in Waitara.
NPDC introduces a bill to Parliament but Government raises concerns about the sale and asks council to reach a solution with Te A¯ tiawa.
Council starts a review of its position in relation to the Waitara leasehold lands, involving extensive public consultation.
NPDC decides to sell leasehold land to Crown at market value for inclusion in Te A¯ tiawa’s treaty deal and withdraws the 1992 bill. This results in court action by Waitara Leaseholders Association. High Court rules against NPDC. Court of Appeal overturns ruling in favour of NPDC.
High Court strikes out six test cases of individual leaseholder claims against NPDC.
A conditional sale and purchase agreement between the Crown and NPDC to enable land to be used in the settlement.
Final individual leaseholder claim disposed of by Court of Appeal.
NPDC advised by Office of Treaty Settlements and Te A¯ tiawa Iwi Authority of their decision not to include Waitara lands in treaty settlement.
NPDC (Waitara Lands) Bill introduced to Parliament. First reading completed and matter referred to Ma¯ori Affairs select committee.
Ma¯ori Affairs select committee endorses bill, but suggests amendments. Second reading completed.
Hapu¯ to discuss revised bill, with final reading possible by the end of the year.
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