In 1997 Nick Smith, as Conservation Minister, sparked outrage when he tried to sell part of the Ministry of Defence land, valued at $26 million. The Tamaki Reserve Protection Trust successfully challenged the decision and the land was handed over to the Department of Conservation and the North Shore City Council, which turned it into two reserves.
The "officers' mess", Fort Takapuna and the cliff edge became part of a historic reserve owned by the Crown and managed by DoC. Land between the Navy boundary and Narrow Neck Beach became council property.
Ngati Whatua has now been given the right to buy - and lease back to the Crown - the adjoining 3.2ha, $13.8 million site.
The Crown has committed to lease the site for at least 15 years but can stay for as long as 150.
If Defence surrenders the lease and Ngati Whatua choose to develop the site it will have to meet usual council planning rules, including consulting the community.
The first public mention of the land becoming part of the settlement was in the Herald on September 30. Mr Rayner later learned Ngati Whatua would consult its members and if they approved, an agreement would be signed on November 5. The public was not given opportunity to comment.
"I'm surprised that given public reaction to the first proposal to sell off the land, things haven't been handled more sensitively and appropriately in terms of the public being advised," he says.
He thinks outgoing Defence Minister and North Shore MP Wayne Mapp should have held a public meeting to let people know what was going on and give Ngati Whatua an opportunity to hear community concerns.
"The prospect of disputes with Ngati Whatua arising in 15 years' time is not an attractive one," Mr Rayner says.
If the new council wanted to turn the land into a park it would have to negotiate with NgatiWhatua , but "the iwi might have different ideas ... they'll want some sort of financial return'.'
Former Devonport deputy mayor and reserve trust chairman Michael Pritchard says it would have been courteous to consult his trust, which achieved the inclusion of all Defence Force land in the Hauraki Gulf Marine Park Act. "Should the Navy vacate, the land should be subject to an agreement to establish what's important in terms of the protection of heritage or community buildings."
Mr Pritchard is concerned how a path recently built with Rotary and council funds would be affected. It linked heritage sites and had been added to the Council plan.
He says if the situation isn't handled carefully it could end up back in the High Court to determine whether ministers had the power to hand over the land.
Office of Treaty Settlements spokesman Ben Thomas said the decision to remove the site from the Marine Park Act was made by ministers, on DoC and Defence advice, after it was decided the land would not be suitable as a reserve.
There was no public consultation at this stage but the public could have a say when the settlement legislation reached a parliamentary committee.
Mr Thomas said the 1997 ruling related to a different law on a different piece of land and the Government was "absolutely confident" it was within its rights to sell.
Although the land was used by the Navy the path wouldn't be affected. If the Navy didn't want it, the Crown would work with Ngati Whatua to protect it.
Ngati Whatua agreed to accept the $18m settlement on Saturday so it will go to select committee hearings after the election.
Iwi communications adviser Darrell Carlin said consultation was a matter for the Crown and the community.
"Once the election noise is over I hope we can facilitate the key people getting to know each other. Good things often start with a cup of tea."
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