As such, the council cannot dispose of the land unless a special act of Parliament is proposed by the local MP and approved by the Government.
A Ngāti Oneone representative argued the yacht club was not part of the harbour port development and the council should return their land in five years, giving them enough time to make the case to Parliament.
However, a yacht club representative said they were active members of the community and had found themselves “piggies in the middle”.
They did not believe a change in legislation could happen within a five-year timeframe.
Te Poho o Rāwiri Marae chairwoman Charlotte Gibson stressed their objection was not against the yacht club itself.
“It is about a process that was done to us ... which the council has an opportunity to rectify today.”
Ngāti Oneone would also make the same request of Trust Tairāwhiti and Eastland Port, both of which were on land taken from Ngāti Oneone, Gibson said.
“The whole of Hirini St is not business of the port anymore.”
Ngāti Oneone had not been a recipient of any Treaty of Waitangi tribunal claim, she said.
“To this day there has not been an apology or land given back to us. The yacht club has had 76 years of enjoying that space,” she said.
Club representatives Joe Martin – a member and solicitor – and commodore Colin Shanks made the case for a longer lease.
Martin said the building and shed were owned by the club and had been a 50-year investment.
Hiring out the club was crucial for its revenue and the club was inclusive, with 60% of revenue coming from Māori whānau, he said.
The club taught children and adults, including Māori students, to sail and the club had been involved in search and rescues and community events, Martin said.
The club could not present submissions at the recent hearing because council staff did not advise them of their right to present.
During deliberations, principal community assets and partnerships adviser Chris Visser said the council played no part in encouraging or discouraging submissions and the yacht club did not submit.
Councillor Rawinia Parata acknowledged the importance of recreational activities, but said it was important to re-establish the mana of hapū Oneone to its whenua.
Cr Larry Foster said the club had an active presence in the community and maintained its buildings.
“This is not a council issue. This is a government issue and Treaty claim. We can only do what we can do with the tools that we’ve got,” he said.
Many councillors recognised the sacred space the area held for Ngāti Oneone.
Cr Nick Tupara said Ngāti Oneone had a role of kaitiaki to that site and when they were unable to do that, it weakened their ability to act as tangata whenua and tangata maunga for that place.
Tupara stressed it was because of the council’s Treaty role that he could not support the recommendation to renew the lease for 10 years.
Cr Aubrey Ria, Gibson’s daughter, did not vote because of a conflict of interest.
However, Ria said it was important to reflect on Ngāti Oneone’s contribution to the community.
“When the cyclone hit, we provided cyclone relief to 25,000 homes.”
She said the council recently brought in the Te Tiriti o Waitangi Compass, aimed at encouraging meaningful collaboration with mana whenua.
Cr Rhonda Tibble suggested a five-year lease as put forward by Ngāti Oneone, and was seconded by Cr Debbie Gregory.
Councillors who voted in favour of this suggestion were Debbie Gregory, Ani Pahuru-Huriwai, Rawinia Parata, Tony Robinson, Rhonda Tibble, Nick Tupara, and Deputy Mayor Josh Wharehinga.
Councillors who voted against were Larry Foster, Teddy Thompson, Rob Telfer, and Colin Alder.
