KEY POINTS:
A Maori Land Court judge has kicked out a claim by MP Dover Samuels that he solely owns land at Matauri Bay, which is being developed to save his hapu from financial ruin.
Mr Samuels is the single largest shareholder in the Matauri X Corporation, which was in danger of losing its tribal land at Matauri Bay, 24km northeast of Kaeo, after borrowing millions to invest in a failed water bottling company.
Matauri X has been granted resource consent to subdivide 139 sections on a block of tribal land overlooking Matauri Bay that is expected to return tens of millions of dollars to shareholders.
But Mr Samuels contended that part of the subdivision land originally belonged to his whanau and he has claim over it.
Mr Samuels contended that a small block of the subdivision land was freehold Maori land belonging to his mother and she had never given permission for it to be amalgamated into the wider Matauri X block.
The Labour-list MP sought for the land to be partitioned from the subdivision land as he was the sole owner of it.
He also contended he was being treated unfairly compared to other shareholders, and he should get a larger percentage of the profits from the subdivision because of his special status over that parcel of land.
Mr Samuels argued that a decision in 1986, of the then incorporation granting ownership of the block to his mother, backed his claims.
In a decision just released, Maori Land Court Judge Andrew Ambler has rejected Mr Samuels' claims, saying, in part, the length of time Mr Samuels had taken to make the claim was an issue.
"Mr Samuels' claim fails on all fronts.
"He remains a shareholder of the incorporation in proportion to his shareholding with no greater nor lesser legal or equitable rights than any other shareholder," Judge Ambler said in his decision.
"Like his fellow shareholders he will need to wait patiently to see if the subdivision bears fruit."
The judge said the matters of tikanga, or lore, Mr Samuels argued can always be accommodated in the practices and polices of the incorporation.
He said if Mr Samuels had succeeded in his claim, the entire subdivision proposal could have been in jeopardy.
"As far as the best overall use and development of the land is concerned, I am satisfied that the existing subdivision development remains the best use of this land," Judge Ambler said.
"It will give rise to the greatest benefits to the shareholders of the incorporation, the most significant of which is, of course, the repayment of the debt on the land."
Mr Samuels said he was taking legal advice before deciding if he would appeal the ruling.
* Former bosses of the corporation borrowed money from Bridgecorp Finance and Instant Funding to invest in Eternal Waters mineral water company. The venture was expected to return up to $18 million over six years, but went belly-up with losses of more than $2 million, leaving Matauri X with debts approaching $6 million.
- NORTHERN ADVOCATE
