Decision eases Maori land rates issue

Judge David Ambler has approved the Ngakahu-Ngakohu Whanau Ahu Whenua Trust proposal.

The Maori Land Court has given the green light to an application to form an ahu whenua trust to govern a block of land near Kaitaia which could become a template for resolving Far North District Council problems with collecting rates on land in multiple Maori ownership.

Judge David Ambler completed hearing a proposal to set up the Ngakahu Whanau Ahu Whenua Trust at a court sitting in Kaitaia on Monday and is to produce a written decision defining the areas of trust administration and rules covering its functions.

The judge called for this week's court sitting after receiving the Ngakahu trust application at a hearing in Kaitaia on November 17, which was unusual in that Far North Mayor John Carter appeared in court to strongly support the application, saying work with the Ngakahu owners had paved the way for the council to resolve major problems with collecting rates on Maori land in multiple ownership.

The court heard council discussions with the owners had led to rates arrears of about $168,000 on 11 titles in the Okahu - which the owners call "Ngakahu" - block being remitted and rates owing being reduced from about $29,000 to under $8000 a year. Those rates had been paid, some land had been leased, and more than $9000 was in the Ngakahu bank account.

In his decision after the November hearing, Judge Ambler indicated an ahu whenua trust would be appropriate for some of the 11 Okahu titles, but more evidence was required for other titles.

On Monday, the judge heard evidence from the Te Paa Whanau Trust, Valentine Taylor, Mango Hoera and others who opposed the ahu whenua proposal and the court discussed the handling of income and administration of the proposed trust.

As Mr Taylor and Annie Clark, the two largest shareholders in the landlocked Okahu 1 title, sought exclusion from the ahu whenua trust it was dropped from the proposal, as was another title with no support for the trust.

Judge Ambler withdrew from the courtroom for an hour to enable the owners to discuss trustees and financial arrangements.

When the hearing resumed the nine trustees were named - Nicholas Lewis, Maaki Reihana, Laiha Mann, Richard Hadfield, Ahjun Ahoy, Judy Baker, Gina Allen, Bonnie Hepi and Ada Hepi. They will take over from the Ngakahu interim management committee - Te Uri Reihana-Ngatote, Des Mahoney and Hone Peters - once the judge's written decision formalises their appointment and they are familiar with the committee's work.

The trust could be called the Ngakahu-Ngakohu Whanau Ahu Whenua Trust to ensure all tupuna are acknowledged.

The hearing ended with the Te Paa Whanau Trust seeking membership of the ahu whenua trust it had formerly opposed.

Outside the court, Mr Mahoney said the interim management committee wanted to acknowledge the hard work done by Mr Carter and Far North District Council revenue and collections manager Cheryl Gavin-Young in sorting out rates owing on the Okahu titles.

"The door is now open for other Maori with multiple land ownership to resolve rating issues and progress forward rather than remaining in grievance mode."

Maori land in multiple ownership has been significantly over-valued for rating purposes for many generations, Mr Carter said.

"For instance, a 1000ha of general land would have one rate and one uniform rating charge," he said. "But it could be that 10 neighbouring blocks of Maori land in multiple ownership could collectively total 1000ha and the smaller titles would attract double the rates of the single general block."

Mr Carter said the Valuer-General at present had no discretion other than to value the Maori land as individual blocks. Legislation needed tweaking to remove this inequality and the mayor had spoken to Attorney-General Chris Finlayson about it.

Following resolution of the Okahu rates, the Far North District Council was now confident it had a template for sorting out the district's rates arrears of more than $28 million on Maori land in multiple ownership.