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

'Tea Break Bill' Passes: Gordon Campbell On Bad Labour Laws And Poor Safety

By co-incidence, one of the prime dangers of the government’s new employment relations law has been underlined by the release of the death and injury statistics among workers at New Zealand ports. These are highly profitable enterprises for the port owners.

The Port of Tauranga for instance, is expecting its current full-year profit to be between $78 million and $83 million and other ports are enjoying similar boom times – but they are also highly dangerous places for the people who work on or around the port premises. At the Port of Tauranga, there have been 26 serious accidents since 2011, and two deaths. More>>

 

Parliament Today:

No Charges: Outcome Of Operation Clover Investigation

Police have completed a multi-agency investigation, Operation Clover, into the activities of a group calling themselves “The Roast Busters”. The 12 month enquiry focused on incidents involving allegations of sexual offending against a number of girls in the Waitemata Police district and wider Auckland area... More>>

ALSO:

UNICEF Report: NZ Cautioned On "Stagnating" Child Poverty

An international report by UNICEF has found that child poverty rates in New Zealand have barely changed since 2008, despite similar sized countries significantly reducing child poverty during the recent recession. More>>

ALSO:

Funding Report: Two Pathways For Transport In Auckland

Commissioned by Auckland Council, the group was asked to investigate two possible pathways for raising $300 million per year ($12 billion over 30 years) to pay for the improvements needed to help fix Auckland’s transport system. More>>

ALSO:

Pay Equity: Equal Pay Win In Court Of Appeal

CTU: The Court of Appeal has made a historic decision paving the way for a substantial equal pay claim for aged care workers. More>>

ALSO:

Gordon Campbell: On The TPP Finishing Line, And Amazon’s Woes

If the Trans Pacific Partnership trade deal wasn’t such a serious matter, this would be pretty funny… More>>

ALSO:

TV3 Video: Three Die On Roads Over Labour Weekend

The official holiday period ended at 6am Tuesday, with three deaths on the roads during the Labour Day weekend. More>>

Employment Relations Bill: Govt Strains To Get Tea Break Law Through

The Government has been left with egg on its face - failing to get its much-vaunted, but hugely unpopular, meal break law passed in the first week of its new term, Labour spokesperson on Labour Issues Andrew Little says. More>>

ALSO:

Guns: Police Association Call To Arm Police Full Time

"The new minister gave his view, that Police do not need to be armed, while standing on the forecourt of parliament. The dark irony was that the interview followed immediately after breaking news of a gunman running amok in the Canadian parliament in Ottawa..." More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Regional
Search Scoop  
 
 
Powered by Vodafone
NZ independent news