Taranaki Daily News

Appeal fails but gang member still squatting

- Matthew Rilkoff

The Court of Appeal has thrown out gang member Kevin Moore’s latest bid to continue his illegal occupation of Māori land in Taranaki, but whether the ruling will finally dislodge him is unclear.

For the past 11 years Moore, a once feared and still notorious Black Power member, has occupied a seaside section of the Rohutu Block in Waitara, illegally constructi­ng a house there a decade ago.

The site is Māori freehold land managed by the Rohutu Block Trust and their legal advisers under the Te Ture Whenua Māori Land Act 1993.

In the past, one of the trustees of the land stated Moore had turned the small community of about 30 homes at Rohutu from “low key and harmonious” to “anxious and afraid”.

Despite his negative impact, numerous attempts to have Moore evicted have failed to move the gang member.

The long legal battle to have him removed has plodded along, with Moore using various approaches to ward off eviction.

In 2015, following a hui facilitate­d by the Māori Land Court, the trust proposed a three-month lease, which Moore did not indulge.

The next year, trustees applied to the Māori Land Court for an order determinin­g Moore had no right to own the trust’s land and was trespassin­g.

In response, Moore filed an applicatio­n to determine his status as tangata whenua and that he was a beneficiar­y of the block.

In 2018, the applicatio­ns came before Judge Harvey in the Māori Land Court.

At the hearing, in response to a suggestion from Judge Harvey, Moore chose not to pursue his original applicatio­n and instead seek a correction of the 1958 partition order that omitted Moore’s tupuna from the list of beneficiar­ies when the block was created.

The block was part of an 1884 Crown grant of land to 10 named Māori proprietor­s.

In 1958, a partition order was made by the Māori Land Court in respect of the same block. The relevant beneficiar­ies identified in the partition order were descendant­s of most of the original owners named in the Crown grant, but did not include Moore or his tupuna.

Judge Harvey ruled in favour of the Rohutu Trust, requiring Moore to get off the land, though this was not immediatel­y enforced so Moore could pursue his applicatio­n to the chief judge regarding the partition order.

A subsequent decision by Chief Judge Isaac in 2022 found no errors had been made in dismissing Moore’s claims he had ancestral ties to the land.

Moore lodged an appeal, arguing Judge Harvey’s suggestion he seek a correction of the partition order amounted to “official induced error”.

He also appealed that Chief Judge Isaac was wrong to find his applicatio­n for a correction on the partition order did not extend to reviewing the owners list.

The Court of Appeal heard the case on March 13 and released its decision on April 16.

It found there was no basis for finding that Judge Harvey induced Moore into error.

It also found the block owners listed by the Crown were correct and that the “broader legislativ­e history and framework“did not offer obvious support to the owners list being reviewed.

 ?? VANESSA LAURIE/STUFF ?? Kevin Moore has illegally occupied a section of beachside land in Waitara for more than a decade.
VANESSA LAURIE/STUFF Kevin Moore has illegally occupied a section of beachside land in Waitara for more than a decade.
 ?? ?? Kevin Moore’s presence in the Rohutu community has changed it from ‘harmonious’ to ‘anxious and afraid’ .
Kevin Moore’s presence in the Rohutu community has changed it from ‘harmonious’ to ‘anxious and afraid’ .

Newspapers in English

Newspapers from New Zealand