Waitara Leasehold Land on Course for Tangata Whenua Ownership

The New Plymouth District Council wants tangata whenua to be the eventual owner of leasehold land in Waitara – with a little help from the Crown.

Last August the council made a preliminary decision to facilitate the opportunity for 146 hectares of council-owned leasehold land in Waitara to be owned by tangata whenua. Tonight (TUESDAY) it made its final decision on the issue, confirming its intention for tangata whenua to become the owner of the land.

It has decided to do this by offering the land to the Crown, on the condition that: The land is included in the Crown’s offer for settlement of Te Atiawa’s historical claims; The council receives a fair market value for the land; The rights of leaseholders under existing leases are preserved; Settlement legislation provides for the land to vest free of all statutory trusts, restrictions and other reservations; The transfer of land occurs only once the settlement legislation has been passed, with the council continuing to own the land and administer existing leases in the interim; The New Plymouth District Council (Land Vesting) Bill be withdrawn.

“This is a great result for leaseholders, tangata whenua and the wider New Plymouth District community,” says Mayor Peter Tennent.

“With this decision we’ll be able to secure the leaseholders’ rights while enabling the land to be returned to tangata whenua, and in a way that incurs no cost to the ratepayer.

“Achieving fiscal neutrality was a vital part of this decision,” says the Mayor. “By involving the Crown our ratepayers won’t be out of pocket as the Crown will be paying the council for the land, and we’re still looking after the interests of leaseholders while meeting the aspirations of tangata whenua.

“I’m immensely proud of this council for their determination to find the best possible solution to what is an extremely complex issue. It’s been a long and thorough process, and I think they’ve come up with a solution that provides a win for everyone.”

The Mayor says there have been clear indications from the Government that it wants to help the council find a workable solution. “We’ve been talking to them about the future of this land as part of the public consultation process, and I’m confident that the Government will be willing to play a role. More... “The signals from the Treaty of Waitangi Minister, Margaret Wilson, and her officials are very positive. Taking up the council’s offer would be incredibly significant as it would be a catalyst for the resolution of Te Atiawa’s treaty claim,” says Mayor Pete.

The land has great national significance as it was the Crown’s attempt in 1860 to purchase a large portion of what is modern-day Waitara which sparked the New Zealand Wars – and its repercussions are still felt today with economic and social effects evident in Waitara and the larger Taranaki region.

In addition to offering the Crown its land in Waitara, the New Plymouth District Council will advocate for the land’s significance to be recognised by the Crown and for the land’s return to tangata whenua to be in addition to the Crown’s settlement of Te Atiawa’s Treaty of Waitangi claim. The council noted its expectation that the disposal of the Waitara land to the Crown would facilitate the completion of the settlement process and enhance the ultimate settlement.

The council is also recommending that mandated representatives of Te Atiawa and the Crown talk directly with leaseholders, and consider allowing leaseholders to freehold their properties.

The council’s chief executive, Rodger Kerr-Newell, will negotiate the terms of the agreement with the Crown, and will report back to the council for its approval.

Additionally, the future management of parks and reserves in Waitara – which will remain in council ownership – will be addressed at a later date.

As well as being the place where the New Zealand Wars began, the leasehold land includes a variety of pa sites and areas of waahi tapu. Tangata whenua regard the future of the leasehold land as being the most defining issue relating to the current relationship between Maori and the council.

The public consultation leading up to the council’s final decision has run for 15 months and included in-depth research by council staff, three rounds of public hearings and submissions, and the release of three major reports. Nine hundred submissions in total have been received from the public as part of the consultation process.

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