Local Govt | National News Video | Parliament Headlines | Politics Headlines | Search

 


Council May Seek to Free Up Waitara Endowment Lands Income

Council May Seek to Free Up Waitara Endowment Lands Income

New Plymouth District Council will consider whether it will try to free up the uses of any rental income or sales proceeds it earns from the Waitara endowment lands.

A report to the Council, which will be debated at its meeting on Tuesday next week (17 June), recommends taking steps to remove the statutory trusts and restrictions on the land so that any of its rental income and sales proceeds can be used for the benefit of the Waitara community.

“The Council’s ultimate aim is to get to a situation that benefits the wider Waitara community including Te Atiawa, and which protects the interests of both New Plymouth District Council and Taranaki Regional Council,” says Mayor Andrew Judd.

The Deed of Settlement between the Crown and Te Atiawa includes provision for any proceeds from the sale of endowment land to be freed from the existing statutory trusts and restrictions if the Council sells to the iwi. However, if NPDC sells the land to anyone else, the statutory trusts and restrictions would not be removed.

Te Atiawa Iwi Authority has elected to not take ownership of the land as part of its settlement with the Crown.

“Those trusts and restrictions mean most of the income from the leases or any sales proceeds have to be used for the prevention of erosion at Waitara River or to build a bridge over the river – requirements that have a very narrow benefit for the community,” says the Mayor.

“There are similar restrictions to income from the remainder of the endowment land.

“The question that needs to be asked is if we should try to remove the statutory trusts and restrictions from all the income and sales proceeds, no matter who we sell the land to, so that every dollar we get from the land can be used for the betterment of the entire Waitara community.”

The report that will be considered by the Council on Tuesday recommends that NPDC:

Terminates the 7 September 2010 agreement for sale and purchase between the Council and the Crown.
Instructs the Chief Executive to enter discussions with the Minister in Charge of Treaty of Waitangi Negotiations and the Office of Treaty Settlements with a view to getting Government support for a local bill to remove the restrictions on accumulated and future income and the proceeds of sale, regardless of whether the purchaser is Te Atiawa or not.
Instructs the Chief Executive to enter discussions with Taranaki Regional Council regarding the distribution of any income between the two councils, how any income would be applied and the promotion of a local bill to Parliament.
Instructs the Chief Executive to instruct the Council’s lawyers to prepare a draft local bill that entirely frees the Waitara endowment land from its existing statutory trusts and restrictions, for consideration by the Council.
Once the full implications of the Deed of Settlement have been clarified, the Chief Executive prepare a comprehensive issues and options report on the future of the Waitara endowment lands for the Council to consider.
The Council first sent a local bill to Parliament in 1989 to enable leaseholders to acquire the freehold interest in their leasehold land. At the request of the Government, the Council conducted an extensive consultation with Te Atiawa and the general public on the future of the Waitara leasehold lands, and decided on 20 March 2004 to offer part of the Waitara Endowment Land (non-Crown land) to the Crown for inclusion in the settlement of Te Atiawa’s historical claims under the Treaty of Waitangi. This was subject to a number of conditions, including:

The Council receives fair market value for the land.
The rights of lessees under existing leases be preserved.
The settlement legislation provides for the land to vest free of all statutory trusts, restrictions and other reservations – enabling the Council’s share of the proceeds to be used for the wider benefit of the Waitara community. The TRC share would be used for general harbour purpose for public benefit.
TRC has substantial interest in the land as it is the successor of the Waitara Harbour Board and has an entitlement to surplus funds under the Waitara Harbours Act 1940. The former Waitara Harbour Board lands comprise 80 per cent of the endowment lands.

In September 2010 NPDC signed a deed with TRC that provides for the net proceeds of the sale of land subject to the Waitara Harbour Act 1940 to be distributed between NPDC and TRC.

ends

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Two Dead, One Injured – Suspect Arrested:

Police apprehended Russell John Tully just after 5pm this evening following the armed incident in Ashburton this morning.

Canterbury dog section and AOS apprehended Tully not far from Lake Hood. No shots were fired although Tully will be treated for minor dog-bite injuries.

Tully is now in custody at Ashburton Police Station. More>>


  • 3 News Out-Link - Livestream: Ashburton shooting press conference from 5pm

  •  

    Parliament Today:

    John Key Press Conference: Ashburton Shootings, Judith Collins Inquiry

    Prime Minister John Key has delayed the release of Nationals’ fiscal policy in light of this morning’s shooting at a Work and Income office in Ashburton... Key also answered questions about Judith Collins, and confirmed that independent inquiry will be held with regard to allegations made against Collins. More>>

    Gordon Campbell:
    On John Key’s ‘Blame It On Judith’ Strategy

    Right now, Prime Minister John Key seems intent on limiting the scope of any inquiry into his government’s dealings with Cameron Slater. The declared aim is to make that inquiry solely about Judith Collins’ behavior with respect to the Serious Fraud Office. More>>

    ALSO:

    Gordon Campbell: On The Debate, And The Collins Accusation

    Debating is a peculiar discipline in that what you say is less important than how you’re saying it. Looking poised, being articulate and staying on topic generally wins the day – and on that score, Labour leader David Cunliffe won what turned out to be a bruising encounter with Prime Minister John Key last night on TVNZ. More>>

    ALSO:

    Gordon Campbell: On Winston Peters' Latest Bout Of Immigrant Bashing

    It is only one poll, but rather than cannibalising each other's vote, Colin Craig and Winston Peters do seem to be managing to find the room to co-exist... Few are questioning how Peters got to this happy place, and what it says about the mood of the electorate. More>>

    ALSO:

    More Immigration News: First People Trafficking Charges

    The first people trafficking charges in New Zealand have been brought by Immigration New Zealand (INZ)... The defendants have been charged under the Crimes Act 1961 for arranging by deception the entry of 18 Indian nationals into New Zealand. More>>

    Collins 'Misinterprets Media Reports': "Too Compromised To Remain Justice Minister"

    Bizarre claims by Judith Collins this morning that she had been cleared of inappropriate behaviour by the Privacy Commissioner demonstrates she is too compromised to remain Justice Minister, Labour MP Grant Robertson says. More>>

    ALSO:

    Labour On Climate Change: Focus On The Now For The Future

    A Labour Government will put in place a comprehensive climate change strategy focusing on both mitigation and adaptation, establish an independent Climate Commission and implement carbon budgeting, says Labour Climate Change spokesperson Moana Mackey. More>>

    ALSO:

    Gordon Campbell: On National’s Housing Assistance Plan

    So, as many as 90,000 people could derive some benefit from National’s housing assistance plans for low and middle-income earners... Yet in reality, the benefits seem likely to be insignificant, and they will be skewed towards those at the top end of the income group that’s supposedly the target. More>>

    ALSO:

    Election Data Consortium: National’s Worst Case Scenario At Stage One?

    A month out from the general election and ipredict traders are still forecasting National’s vote to slip below current polling levels and there is potential for it to fall further. More>>

    ALSO:

    Get More From Scoop

     

    LATEST HEADLINES

     
     
     
     
     
     
     
     
    Regional
    Search Scoop  
     
     
    Powered by Vodafone
    NZ independent news