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Waitara Endowments Interim Report (Draft) Waitara late 1960s (Taranaki Museum Negative LN1210) 1.1..1 November 2002 Rachael Willan 1 INTRODUCTION 6 1.1 THE LAND 6 1.2 SUMMARY 7 REPORT BRIEF 7 MAIN ISSUES 8 PEKAPEKA & THE HARBOUR TRUST – POINTS OF CLARIFICATION 11 SOURCES 11 2 SEEDS OF CONFLICT - LAND HISTORY 1840 - 1860 12 INTRODUCTION 12 2.1 THE PEKAPEKA BLOCK 12 HAPU & HISTORY 12 PEKAPEKA ‘PURCHASE’ 13 THE 1840S – EUROPEAN SETTLEMENT AND EARLY LAND PURCHASE 14 THE CROWN INVESTIGATES THE NGA MOTU PURCHASE 14 WIREMU KINGI TE RANGITAKE - EARLY OPPOSITION TO LAND SALE AT WAITARA 15 THE 1850S - CONTINUED RESISTANCE TO LAND SALE 17 2.2 1860 – 1863 - WAR IN TARANAKI 17 GORE BROWNE PROMISES NOT TO BUY DISPUTED LAND 17 PURCHASE NEGOTIATIONS 18 SOVEREIGNTY 23 OTHER OPPOSITION 25 FAILURE TO INVESTIGATE OWNERSHIP 26 CONFLICT 27 ISSUES 29 3 CONFISCATION & COMPENSATION 33 INTRODUCTION 33 Interim Waitara Endowments Report 1 1861- AN UNEASY TRUCE 33 THE PEKAPEKA PURCHASE IS ABANDONED 34 RESERVES 36 FINDING ON KINGI’S RIGHTS 37 OMATA AND TATARAIMAKA 39 CONFISCATION 42 NEW ZEALAND SETTLEMENTS ACT 1863 43 THE CONFISCATION IN PRACTICE 45 COMPENSATION 46 RESERVES IN WAITARA TOWN 49 ISSUES 50 4 TOWN DEVELOPMENT & GROWTH 52 INTRODUCTION 52 4.1 SETTLEMENT AND SALES 54 4.2 RESERVES AND ENDOWMENTS 55 HARBOUR ENDOWMENTS 56 1876 - LAND VESTED IN THE HARBOUR BOARD FOR A SIGNAL STATION 57 1876 - THE FIRST ENDOWMENTS 57 1879 – RIVER FRONT LAND ACQUIRED 58 1904 – SEAFRONT LAND ACQUIRED 58 1910 – WAITARA HARBOUR BOARD AND BOROUGH EMPOWERING ACT 59 1940 - WAITARA HARBOUR BOARD ACT 60 1960S - FURTHER ISSUES ARISE 63 MUNICIPAL RESERVES 64 1876 – GRANT TO RALEIGH TOWN BOARD 64 1877 - MANUKORIHI PARK IS ACQUIRED 65 1885 - LAND ACQUIRED FOR TOWN BOARD FUNDS 65 1891 LAND ACQUIRED FOR RECREATION PURPOSES 66 1909 LIBRARY ENDOWMENT 67 Interim Waitara Endowments Report 2 1954 –PART BLOCK 85 TRANSFERRED TO COUNCIL 68 4.3 LATER DEVELOPMENTS WITHIN ENDOWMENT LANDS 68 USE OF FUNDS FOR RIVER PROTECTION 69 PUBLIC WORKS AND THE DEVELOPMENT OF AMENITIES 70 LAND FOR HOUSING 70 LAND FOR A MATERNITY HOSPITAL SITE 72 LAND FOR SCHOOLS 72 ACQUISITION OF MANUKORIHI PARK 73 TRANSFER OF TITLE TO NPDC 73 TRANSFER OF WEST AND EAST QUAY TO TARANAKI REGIONAL COUNCIL 74 4.4 CONTINUING MAORI PROTEST 75 MAORI PROTEST & ATTEMPTED REDRESS– POST 1865 75 RECENT ISSUES 78 URUPA AT ROHUTU 78 MANUKORIHI INTERMEDIATE SCHOOL 79 THE CROWN AND LEGISLATION 79 THE FORESHORE 80 5 RECONSIDERATION OF ENDOWMENT LANDS 82 5.1 FREEHOLDING ISSUES 82 FREEHOLDING 82 5.2 COMMON OBJECTIVES – DIFFERENT PERSPECTIVES 83 THE NEW PLYMOUTH DISTRICT LAND VESTING BILL 84 RESOLVE TO PASS LOCAL LEGISLATION 86 TE ATIAWA OBJECTIONS 86 TRIBAL COUNCIL’S SUBMISSION 88 MINISTER OF JUSTICE’S SUBMISSION 89 SYMBOLIC RETURN 91 1995 – THE LAND VESTING BILL IS SET ASIDE 93 1998 - THE OFFICE OF TREATY SETTLEMENTS VISITS THE COUNCIL 94 Interim Waitara Endowments Report 3 2000 - A NEW MINISTER 95 THE CROWN’S POSITION 95 LESSEE ISSUES 95 OTHER LEASE ISSUES 97 5.3 THE LEASES TODAY 98 INCOME 98 6 ISSUES & OPTIONS 100 6.1 THE TREATY OF WAITANGI 100 MAORI VERSION 101 ENGLISH VERSION 102 ARTICLE ONE 103 ARTICLE TWO 103 ARTICLE THREE 103 ARTICLE FOUR 103 TREATY BREACHES 104 6.2 LOCAL AUTHORITIES AND THE TREATY WAITANGI 106 LOCAL GOVERNMENT ACT 1974 106 DEFINITION OF “THE CROWN” –POINTS OF DEBATE 107 CURRENT LEGISLATIVE TRENDS – THE RMA AND LOCAL GOVERNMENT BILL 109 LIMITATIONS OF TREATY OBLIGATIONS 110 TREATY ISSUES IN THE LOCAL CONTEXT 113 6.3 MORAL & STRATEGIC ISSUES 115 IWI/HAPŪ RELATIONSHIPS 116 LESSEE RELATIONSHIPS 118 6.4 LAND DISPOSAL 119 THE PUBLIC WORKS ACT 1981 119 THE LOCAL GOVERNMENT ACT 1974 120 LOCAL GOVERNMENT BILL 2002 122 RESERVES 123 Interim Waitara Endowments Report 4 6.5 FINANCIAL ISSUES 124 LAND VALUE 124 RENT 124 RATES 126 6.6 CONSEQUENCES OF FREEHOLDING 127 6.7 COMMUNITY OBJECTIVES 127 TANGATA WHENUA 128 LESSEES 129 WAITARA COMMUNITY 129 NEW PLYMOUTH DISTRICT COUNCIL 130 THE CROWN 130 6.8 CONCLUSIONS 130 OPTIONS 133 PRELIMINARY RECOMMENDATIONS 137 BIBLIOGRAPHY 139 PUBLISHED SOURCES 139 UNPUBLISHED REPORTS 139 OFFICIAL PUBLICATIONS 140 WEBSITES 140 ARCHIVES 140 NEWSPAPERS 141 GOVERNMENT DEPARTMENT PUBLICATIONS 141 FILES HELD AT NPDC 141 APPENDIX 1 - MAPS 144 APPENDIX 2 - TIMELINE 152 Interim Waitara Endowments Report 5 2 INTRODUCTION 2.1 The Land This report covers an issue that has caused much vexation for the New Plymouth District Council (NPDC) and the people of the Waitara area. It concerns approximately 179.71 hectares, (442 acres) of endowment land in the Waitara Township.1 The land value of these sections is estimated to be around $7 Million. As of June 2002 there were: S 164.194 hectares of former harbour lease land in Waitara, S 15 .517 hectares of former borough lease land. Of this land: S Nearly 40.9 hectares is used by the council primarily for parks and public health purposes, S 32 hectares is land that is not leased on a formal basis, it includes vacant land and land under informal grazing leases. This is land that could be considered for disposal, although it may be that other land used as parks and reserves may also be available for disposal. While most debate has been focused on residential sections, only 54.156 hectares, 13.461 hectares of borough lease land and 40.695 hectares of harbour trust is used for this purpose. The rest of the leased land is used for other purposes, 11.501 hectares of harbour trust land is industrial lease, 2.511 hectares is commercial lease, 84.195 hectares are used for recreation reserves and there is also a 25.293-hectare rural property. Of the borough endowments, 0.222 hectares are used for commercial purposes, 0.368 for industrial purposes and 1.467 hectares for recreation reserves. 1 Endowment land is land gifted to a local authority for funding purposes. Interim Waitara Endowments Report 6 2.2 Summary Report Brief The author was not given a formal brief regarding issues to be covered in the report. During the submission phase of the NPDC’s Annual and Long Term Strategic Plan, the council received four submissions on its land in Waitara. The submissions were from a variety of groups. One submission was from the Taranaki Health Promotion Unit who pointed out that the council owned confiscated land and was in a unique position to transfer land to local hapū and begin “meaningful dialogue” about the use and return of land.2 The council also received a submission from Rusty Kane of New Plymouth, on behalf of the People’s Choice Party. The submission is a collection of letters sent to Mr Kane, in response to a letter published in the Waitara Angle. Some letters are from leaseholders supporting freeholding; others are from those opposed to freeholding.3 Mr Ray Watembach of Waitara sent a submission supporting the return of the harbour trust leases to hapū.4 Donna Eriwata of Waitara, on behalf of Otaraua Hapu Management Committee, sent a submission (she had previously submitted on this issue). Ms Eriwata asked for a breakdown of the harbour trust account and an education package detailing the history of the land.5 At a meeting of the council on 29-30 May 2002, the New Plymouth District Council resolved to make a decision on the future of the Waitara Leases after the completion of an interim report. In a preliminary report to council, Ian Baker, Property Manager, suggested that the report consist of: S research on land history; S review of legal opinions; S a report to address the following issues: o history; 2 Submission no. 122 3 Submission no. 123 4 Submission no. 154 5 Submission no. 199. Ms Eriwata also asked for the council to oppose Harry Duynhoven’s sponsorship of the New Plymouth Land Vesting Bill. However, Mr Duynhoven actually sponsors the Bill on behalf of the NPDC Interim Waitara Endowments Report 7 o governance; o legal; o financial; o policy.6 This report is the interim report to council. It covers the history of the land, governance issues, some legal issues and financial considerations. As the author is not legally qualified the report does not cover a review of legal opinions. However, the research raised a number of legal issues regarding land disposal and the Public Works Act 1981 and consequently the council sought a legal opinion, which is referred to in the report. This report will be presented to council and following receipt by council and public release a consultation process will begin. On completion of consultation, community views will be incorporated into an appendix of the report. A final report will be presented to the council following this process. This report serves two purposes. First, it is a discussion document, intended to facilitate the first phase of consultation with concerned parties. It raises issues and questions for parties to elaborate, debate, respond to and add their perspective. Counter argument is expected and encouraged. Second, it is also intended as a tool to inform the council and interested members of the public about the history of the land concerned. Main Issues Seven issues are paramount to the decision on the future of the Waitara endowments. The first issue is that around half of the endowments are on the Pekapeka block. Pekapeka is clearly a place of enormous significance for local iwi and hapū, because negotiations for purchasing this land began the Taranaki War of the 1860s and after the war tangata whenua lost most of their tribal lands by confiscation. It is likely that tangata whenua will also be able to provide the own explanation of what this land means to them.
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