Shelly Bay, Miramar, Wellington. Photo / Mark Mitchell
ANALYSIS:
In a rare move, the Port Nicholson Block Settlement Trust has put a very public stake in the ground telling those occupying land at Wellington's Shelly Bay that they have a week to leave.
Mau Whenua, a group including members from within Taranaki Whānui, has occupied the land for almost a year.
While a proposed development at Shelly Bay featuring 350 new homes has been surrounded by controversy and generated countless media reports, you don't hear from the trustees very often.
Port Nicholson Block Settlement Trust was established in 2008 to receive and manage Taranaki Whānui's Tiriti o Waitangi settlement.
They're very quiet about how they go about their business and consider the Shelly Bay land sale to be a private transaction, which it is as the land was privately owned by iwi.
But to the frustration of the Trust, half of Wellington wants to have a say in it.
"It doesn't matter what we do, we're going to be painted with the wrong colour," Trust chief executive Lee Hunter told the Herald.
"We made a mistake at the front and we haven't recovered from it, now we are recovering from it, and it's still not good enough."
The mistake Hunter is referring to isn't selling the land on Miramar's peninsula, it's buying it in the first place.
In 2009 the trust used about half of its $25 million settlement money to purchase land at Shelly Bay.
The decision ended up being one that would haunt the Trust for a decade.
Hunter likened it to buying a new car that instantly loses value the moment it's driven off the car yard.
Costs like rates, insurance, repairs, and maintenance meant expenses were higher than the little revenue coming in.
"It's been nothing less than a revenue-earning asset that hasn't had a lot of revenue", Hunter said of the land iwi owned at Shelly Bay.
"The purchase of the property set us up for nine years of losses, and nine years of losses means you get into serious cash flow issues.
"It's really put us way behind where we needed to be and its a real shame, it's very sad really."
Taranaki Whanui was tied to a sinking ship so the Trust made moves to sell the land in 2016, but failed to get the necessary 75 per cent majority vote.
Instead, the land was sold separately in parcels to Shelly Bay developer Ian Cassels, it's alleged by Mau Whenua, as a way around the deal being classified as a major transaction.
The Trust has maintained the sale did not constitute a major transaction nor were they taken advantage of by developers.
Three parcels of land were sold for $2 million in 2017, a fraction of the original cost. A fourth parcel was later sold for $10 million.
Mau Whenua claims the trust went against the will of its own people and that the deal was done in secret.
The Trust says the sale was essential for its survival.
Following the 2017 sale the trust reported an operating profit for the first time and has done so for every year since.
That in itself should not be underestimated, irrespective of anything else iwi got out of the actual development deal.
Nevertheless, Hunter said iwi would own commercial property at Shelly Bay, have a cultural space, the opportunity for members to purchase housing, and establish a scholarship fund.
The Trust wants to get on with development to pursue benefits for iwi like education, housing, social wellbeing, and cultural aspirations.
That's why the Trust has decided to publicly front on the issue now- it's crunch time.
"We're really being held to ransom by a group of people who are a very small minority within our iwi", Hunter said.
He hoped the occupation would have moved on by Monday, although that seems unlikely.
Mau Whenua has lost support over the course of the year like Paora Mepham, who was among the first people to join the occupation to protest against the sale of the land to The Wellington Company.
But he is now satisfied the deal is true to the strategic direction of Taranaki Whānui ki te Upoko o te Ika and appears to have more confidence that the present-day trustees have acted with integrity and in the best interests of all uri.
Mau Whenua also lost major allied party funding for its court case in the midst of Covid-19's impact on the film industry.
The Herald understands the party was WingNut Films, of which Sir Peter Jackson is a director.
Mau Whenua couldn't find the money from other sources so had to pull the pin on its court case.
Regardless, there are members of the group who remain more determined than ever.