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Crucial Māori Land Court Decision On Disputed Shelly Bay Land
In an important decision, the Māori Land Court has ruled that it has jurisdiction to hear the claims of “Breach of Trust” and “Knowing Receipt” of Shelly Bay lands in a case taken by members of Taranaki Whānui ki te Ūpoko o te Ika. The members are seeking to have the sale of Shelly Bay land declared unlawful and the land returned to iwi.
Lawyers for the Shelly Bay property developer, the Wellington Company, tried to have the entire case struck out, claiming that the court had no jurisdiction. In the court decision, the judge D H Stone rejected the property developer’s arguments and ruled that the court has jurisdiction to hear the claims.
The Taranaki Whānui ki te Ūpoko o te Ika applicants are arguing that, despite the land titles passing to the developer, the true ownership remains with the members of Taranaki Whānui and that the developer holds the titles in trust for the iwi members (meaning it could potentially be returned to its rightful owners).
The claims of “Breach of Trust” and “Knowing Receipt” arise because the Port Nicholson Block Settlement Trust sold the land despite iwi members voting against sale (in breach of the trust deed) and the property developer bought the land knowing that the trust was not authorised to sell it (knowing receipt).
Mau Whenua spokesperson Dr. Catherine Love said “We are very pleased to have this decision from the Māori Land Court. It has acknowledged a possible avenue for accountability and redress. We can now continue the whawhai (fight) in the Māori Land Court for the return of our whenua Māori at Marukaikuru/Shelly Bay.”
“We know there is a long way to go but this is a crucial step”.
“The court has acknowledged that if the applicants, can show the developer knew that less than the required number of iwi members had voted for the sale, and that the rules were wrongly manipulated to get around that, then the developer does not own the land.”
“As we prepare for the next stages of the whawhai we remember the generations that have dedicated their lives to the same fight for justice and equality and mihi to them as we follow in their footsteps.”
Judge D H Stone in his decision acknowledged there was no dispute that ‘the land in question is of special significance to Taranaki Whānui’.
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