Kaingaroa seeks court ruling on roads

By PAM GRAHAM

Kaingaroa Timberland goes to court today to clarify rights to use roads through its central North Island forest estate when land is returned to Maori.

The Government sold Crown forest licences when it privatised forest assets on land it kept which was subject to Treaty of Waitangi claims.

Ngati Awa, which became virtually landless with the confiscations in the 19th century, is getting about 7000ha of Kaingaroa Timberland land in a settlement still to be enacted by Parliament.

Kaingaroa Timberland, owned by Harvard University's endowment investment company, bought a roading network as part of the purchase of the Central North Island Forest Partnership estate. It is seeking a declaratory judgment from the High Court in Wellington that it can continue to use that road network freely.

The court action had been started by CNIFP receiver Ferrier Hodgson.

The transfer of land on treaty settlement starts a 35-year notice period on rights to grow, manage and harvest trees.

"The question we're asking the court is whether during the notice period Kaingaroa Timberland has the continued right to use our roads across the land freely," said Philip Langston, Kaingaroa Timberland's chief executive.

"Our issue is with the Crown. We're looking forward to working with Ngati Awa."

Paul Quinn, Ngati Awa's head of commercial negotiations, said access between Crown forest licences - Kaingaroa Timberland covers 13 licences - was always a matter to be negotiated on settlement of claims and buyers knew that.

He said Ngati Awa also needed access to the roads.