A man who has moved in to a Western Bay council reserve says he has every right to be there, prompting upset from nearby residents. Photo / George Novak
Police and the Western Bay of Plenty Council have become embroiled in the occupation of a council reserve by four-generations of a family whose representative says they have ancestral rights to be there.
However, tangata whenua of the land at Tanners Point claim the man does not represent them andthey've been trying to move him on for the past two years.
The situation has prompted police complaints. However, Charles "Chas" Hill and his whanau are not moving.
Hill set up a caravan and shipping container for himself and his pregnant wife and son on Tahawai Reserve, north of Katikati, since he first arrived after moving from Whangarei three years ago.
However, in the past three to four months Hill's daughter, her toddler, and his 73-year-old father have joined him, prompting ire from nearby residents and the hapū who have been in Treaty of Waitangi negotiations regarding the land.
The Bay of Plenty Times understands a police complaint was laid as recently as last week .
Hill told the paper he and his whānau had "come back home to live on our family land".
The land had been gifted to the Crown to house a school for the community. It was then given to the local council but Hill said the land should have been given to his hapū, Ngati Tauaiti, as there was no longer a school there.
Hill claimed that in February, a court bailiff and two police officers served Hill with an eviction notice from Western Bay of Plenty District Council. He claimed it gave his family two weeks to vacate the property and they were told they could face fines.
He said that three days later, he served a trespass notice on the council's deputy chief executive Gary Allis and the police and said he had not heard from either the council or police since.
Hill said he and his family had no plans to move and were well within their rights to stay.
"I know a small group of Tanners Point residents want us to leave but in my view, that shows a degree of prejudice and I believe people must come first over property interests."
Hill said he was concerned the reserve, which he believed to be his ancestral land, was going to be turned into a tennis court or walking track around the nearby estuary.
"I'm not going. Our family have every right to family land. My kid's placenta is buried here."
Ngai Te Rangi chairman Charlie Tawhiao confirmed most Tauranga Moana Treaty of Waitangi settlements have been completed with only a couple of outstanding matters that did not involve Tahawai Reserve.
Ngati Te Wai representative Riki Nelson said the land is currently owned by the council but has been identified, through the Treaty settlement process, as a site of significance for the tribe - the land's original owners. The hapū currently has an agreement with the council to care for and manage the land as kaitiaki (guardians) as part of a discussion regarding the land's potential return to the hapū.
Nelson claimed Hill was in no way endorsed by the hapū.
In Nelson's opinion, Hill was there on his own volition and was an individual "working on his own".
Nelson said the hapū had worked for many years on fostering a positive relationship with the council over settlement claims and he believed that Hill's actions had "set us back years".
The hapū fully supported eviction notices already served on Hill, as the hapū themselves had been trying to move Hill on for the past two years, Nelson claimed.
Ngati Te Wai and Tuapiro Marae chairwoman Mary Tuapawa also said in a public notice, in Thursday's Bay of Plenty Times, that the hapū did not support Hill and his occupation at Tanners Point.
Western Bay mayor Garry Webber said the situation was a "delicate matter".
He said despite several attempts to resolve the issue, including direct approaches by council and representatives for the local hapu, the people staying on the reserve had failed to leave.
Webber said that wherever possible, the council worked to help people secure more appropriate accommodation facilities.
"Council appreciates these are difficult times, not just [with] Covid-19, but (people) using public reserves is not an ideal situation."
Webber, and the council, would not comment further or confirm Hill's claims of ancestral land, potential plans for the reserve or the eviction and trespass notices.
A police spokeswoman said in a statement they were working with the council to find a resolution on the matter.
The spokeswoman would not say how many complaints had been laid, how long they have been involved or what attempts had been made to remove the family.
A Katikati woman, who would not be named, told the Bay of Plenty Times she was concerned at there seemingly being no sanitation at the reserve which was turning into a "shantytown".
When the Bay of Plenty Times visited, a caravan, small cabin, shipping containers, five vehicles and two other outbuildings could be seen.
There was also a makeshift garage housing a boat, quadbikes, various equipment and household goods.
Tanners Point Rd orchardist Dave Guy-Taylor said prior to Hill moving in, there had been the odd person living on the reserve from time to time before moving on.
Guy-Taylor said he had no issues with Hill or his family, other than the odd escaping chicken or a dog getting loose.
"Given its location, I think it's good to know someone is looking after the property. I don't have an issue.
"Although I know of other residents who do have concerns and they raised the matter with the council. I understand the council is monitoring the situation."