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Crown treads carefully after Maori Appellate Court decision


The Horowhenua Lake Domain Board meeting of 5 November was cancelled.

The Horowhenua District Council website gives no reason for the cancellation other than, "The Domain Board meeting for 5 November 2018 will be rescheduled, date to be advised."

Last month new chair of the Horowhenua Lake Domain Board (HLDB), Department of Conservation lower North Island director Reg Kemper, admitted it was "unlikely at this stage" the meeting would be held.

According to special provisions relating to Lake Horowhenua in the Reserves and Other Lands Disposal (ROLD) Act iwi board members - mandated to represent Maori lake owners -should have the majority of votes. The domain board is governed by the ROLD Act.

There are three iwi board members - there should be four - and they are all former trustees of Lake Horowhenua Trust whose appointments were quashed by the Maori Appellate Court in September due to conflict of interest by Judge Doogan.

In an unrelated conflict of interest concern former trustees Marokopa Wiremu-Matakatea, Dr Jonathan Proctor and Rob Warrington had to declare a conflict of interest when they all supported a vote of no confidence in former HLDB chair Jenny Rowan because they all have a dual role as iwi representatives of HLDB.

Mr Kemper reiterated that Lake Horowhenua resident and owner Philip Taueki would not be provided with a key to gates at the entrance to the domain as, "the motion to supply a key to Mr Taueki was lost."

A decision was made to lock the gates from night until early morning after Mr Taueki raised concerns about "boy-racers" ripping up the grass at the Domain at night and behaving in a threatening manner. He even suggested the entrance gates be locked.

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Two leaseholder groups that use the domain were provided with keys including the local dog club.

The only two iwi representatives at the last HLDB meeting Mr Matakatea and Mr Warrington, and Horowhenua district councillor Victoria Kaye-Simmons, voted against Mr Taueki being provided with a key.

Another concern is that iwi board representatives have served for almost eight years when the Reserves Act states board members cannot hold office for a term, "exceeding seven years" which Mr Kemper admitted was “not an ideal situation.”

“However, the Reserves Act 1977 does makes provision for Domain Board members to remain office until their successors come into office, notwithstanding their term may have expired,” he said.

The Department of Conservation and HLDB are also members of the Lake Accord which - led by the Lake Horowhenua Trust - is carrying out a range of activities at the lake now facing a legal challenge due to be heard in the Maori Land Court from 21 to 23 November.

In response to whether the legal challenge to projects initiated by the Lake Accord compromises the independence of the Crown and HLDB Mr Kemper said, "I have no comment on representation of the Lake Accord, the objective of the Accord is to enhance water quality and the Domain Board supports this objective."


ends

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