Court bid on lakes deal fails

One of the final hurdles to the return of Rotorua lakes to Te Arawa has been cleared following a High Court decision to strike out an application to block the handover.

Justice Alan MacKenzie's decision ends almost two years of lobbying by the Rotorua Lakes Protection Society and gives momentum to a ceremony at Ohinemutu on the shores of Lake Rotorua today, where hundreds are expected for the signing of an agreement to return the 13 lakes to local iwi.

The decision is a blow for the society, which claimed a 1922 settlement reached between the Crown and Te Arawa of a £6000 annuity, raised to $18,000 in 1977, was a full and final settlement.

Society chairman Mike McVicker said yesterday that he was disappointed but not surprised.

"I find it ironic that the Government has retained the foreshore and seabed for all, but has handed over the lakes to Te Arawa."

He did not expect any major changes as a result of the transfer but would maintain a "watchdog" role to ensure ownership of the lakes was not abused.

Today's ceremony is the third for the central North Island and follows Ngati Manawa and Ngati Whare this year. It follows months of consultation throughout Te Arawa that has seen 93 per cent of the iwi's eligible voters accept the settlement.

The handover comes a year to the day since the Government made an offer to settle the tribe's grievances concerning 14 of the region's lakes. Lake Okaro has since been excluded.

But the settlement has not been free of problems for Te Arawa, which has struggled to maintain consensus among its numerous hapu and iwi.

Meanwhile, National Party leader Don Brash has released details of a letter he claims proves the lakes were legitimately sold to the Crown in 1922.

In the letter "Te Arawa" thank the King and Parliament for legislation, "fulfilling all promises and engagements made to the Arawas since the signing of the Treaty of Waitangi".

Dr Brash said the letter showed that "full and final will never mean full and final" under Labour.

"Labour has claimed that the sale was forced on Te Arawa, and Helen Clark says Te Arawa never ceded ownership of the lakes," he said. "This is quite incorrect."

OFFER INCLUDES

* Formal apology acknowledging Crown treaty breaches.

* The correction of place names and protection of wahi tapu.

* 200 fishing licences without fee.

* Financial redress of $2.7 million for historical claims and a $7.3 million buy-out of the annuity.

* Vestment of title to 13 lakebeds, and membership of the strategy group that, in partnership with the Rotorua District Council and Environment Bay of Plenty, will manage the lakes.