A new era for rates on Maori land

AWAITING JUDGEMENT: Des Mahoney (left), Far North Mayor John Carter, Elizabeth Fong Ah Chong, Te Uri Reihana-Ngatote, Rev Pereniki Tauhara and Hone Peters outside the Kaitaia courthouse.

The Far North District Council's new philosophy for dealing with rates on land in multiple Maori ownership is ironing out the district's $28 million accumulated unpaid rates debt and improving opportunities for getting undeveloped Maori land into production, according to those responsible for the innovation.

In a rare move for a local government leader, Far North Mayor John Carter appeared in the Maori Land Court at Kaitaia in support of a group of Maori land owners who had led the way with the council's new stand on Maori rates, and now want to form an ahu whenua trust.

Mr Carter told Judge David Ambler the council had found rating charges were being unfairly applied to land in multiple Maori ownership, and legislative changes could be required to stop over-charging.

Attorney-General and Treaty Negotiations Minister Chris Finlayson and Local Government NZ were taking an interest in Far North action on Maori land, which in the past few months had resolved rating issues with more than 50 blocks, and could clear problems with another 50 before Christmas, Mr Carter said.

"It's a win-win situation for the owners and the community," he added, describing the new policy of discussing rates with Maori instead of adding to the $28 million of uncollectable "monopoly money" accumulating on the council books as "significant in the history of our nation."

However, despite Mr Carter imploring prompt action and Maori land owners pleading for it, Judge Ambler was cautious about approving the application to form the Ngakahu Ahu Whenua Trust, covering 11 of the 12 titles in the 185ha Okahu block at Kaitaia. The application was supported by all but a few of the 280 owners involved, about 40 of whom had travelled from as far as Wellington to attend the hearing.

The owners wanted a decision on the planned trust because they had held three hui in Kaitaia and Auckland to comply with directions given by the judge last November and in January this year. Negotiations with the FNDC had settled long outstanding rates on the titles, and the owners wanted to move into the future united as a trust, ending divisions that had separated most of the whanau from their land for more than 50 years.

But Christchurch man Nicholas Te Paa, a majority shareholder in the 12th Okahu title, not included in the trust application, and named on other titles, had sought an adjournment, questioning the legality of the application.

Judge Ambler said the court promoted ahu whenua trusts, but had to make sure all owners received proper consideration. His queries about the hui, proxy voting and the trust application were answered by Ngakahu interim management committee members Des Mahoney and Te Uri Reihana-Ngatote.

When the judge asked if any owners opposing the trust formation were present, Valentine Taylor stood to say he knew nothing about the trust, but later disclosed he had attended a hui, and there was evidence that he had been informed of another.

A hint by the judge that he could adjourn the hearing so Mr Te Paa and Mr Taylor could talk to the court drew a strong objection from Ajun Ahoy, who said Mr Te Paa had attended two hui, and both objectors had had opportunities to air their concerns.

When the judge asked why there was a need for urgency, Mr Carter said Muriwhenua tribes were expected to get many thousands of hectares of land returned via Treaty settlements. The Ngakahu case was a council template for Maori land rating issues, and if it was held up the rating programme affecting settlement land could be delayed.

Interim management committee member and Te Aupouri Treaty settlement negotiator Hone Peters asked how Maori were going to deal with the return of their settlement land if they couldn't organise a small block like Ngakahu.

Mr Mahoney said all court directions had been followed, and if the judge did not allow the formation of the trust his decision would be appealed.

Rev Pereniki Tauhara said the council had released Ngakahu owners from rates bondage, and the Maori Land Court should now do the same.

"Our people have been begging for a long time. We are making history here today," he said, supporting the application so land owners could lead their mokopuna into the future.

Judge Ambler said he would make his decision in chambers, asking for written minutes of the first two hui.

He said his options would then be to form a trust covering all 11 titles, just some titles in which objectors held no ownership, or to adjourn the whole issue until February.