NGĀTI WHĀTUA / WAIKATO-TAINUI

JOINT MEDIA STATEMENT

MONDAY 15 JUNE 2015

FOR IMMEDIATE RELEASE

NGĀTI WHĀTUA AND WAIKATO-TAINUI TO FILE STATEMENT OF CLAIM THIS WEEK

Waikato-Tainui and Ngāti Whātua say the Prime Minister’s comments at his press conference today effectively rejecting their proposal to make a joint approach to the courts to clarify the extent of the right-of-first-refusal provisions of their Treaty settlement Acts are disappointing and risk delaying Auckland getting the new homes the city desperately needs.

“A joint approach to the courts by the Crown and iwi could have led to our difference of opinion being settled collaboratively in a matter of weeks and allowed us to be a greater part of the solution to Auckland’s housing issue,” Waikato-Tainui’s Tukoroirangi Morgan and Ngāti Whātua’s Ngarimu Blair said today.

“Instead, we will have to go down the old-fashioned path.

“Time is of the essence when it comes to getting more Auckland housing built so Russell McVeagh has been instructed to file a statement of claim in the High Court at Auckland this week. Hopefully the courts will recognise the urgency of this matter and give it priority.”

Mr Morgan and Mr Blair said that, whatever the courts might rule, their iwi were, and planned to continue to be, leaders in building new, safe, warm, attractive and affordable homes for the benefit of their own people and all Aucklanders.

“We have very strong balance sheets; a deep connection with the Auckland region that goes back hundreds of years; a stronger appreciation than most of the need to get Auckland house-price inflation under control to help more young families into safe, warm, attractive and affordable homes; and we are the natural partner for the Crown, especially given the right-of-first-refusal provisions of our just-and-durable Treaty settlements that have been legislated for by Parliament in 1995 and 2014 respectively.

“The legal advice that has been received is that when the Crown plans to sell surplus land to private interests, the law as legislated for by Parliament is that we must be given a right of first refusal. That is an absolute right under our just-and-durable Treaty settlement Acts, but we would also have thought that the Crown would want to work with us under our post-settlement partnership.”

Mr Morgan and Mr Blair said the decision to file a statement of claim was taken without any malice towards the Crown.

“Differences of opinion between iwi and individual ministers such as Housing Minister Nick Smith are inevitable and do not affect the enduring post-settlement partnership with the Crown. Consequently, our invitation for the Crown to join with us in a more collaborative joint approach stands and remains our preferred option.

“We reiterate: the right-of-first-refusal provisions of the settlement Acts remain in force well into the 22nd century and it is to the benefit of both Treaty partners – the Crown and iwi – to have a clear ruling from the courts as soon as possible on the circumstances under which they must be applied.”

As this matter is shortly to become sub judice neither Ngāti Whātua nor Waikato-Tainui plan to comment further.

END

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