The agenda for Thursday’s council meeting stated legal advice had been sought concerning the council’s ability to “dispose of this land”.
The land is legally endowment land granted in trust for harbour purposes. Therefore, the council is not able to dispose of the land unless a special act of Parliament is put forward by a local MP and passed by Parliament.
“The matter of disposal/return of council land is beyond the scope of the hearing panel, which is limited to the lease application,” the agenda states.
If the council decide to decline the application for a new lease, the yacht club will be required to vacate the land and remove its building as per the provisions of the lease.
The current lease expired in 2019 and is “holding over”, with the club’s possession being on a monthly basis.
Submitters at the hearing said Titirangi/Onepoto was significant to local iwi as a landing site of ancestors and the traditional lands of Ngāti Oneone.
Locals who whakapapa to Ngāti Oneone hapū had vivid memories of living at Onepoto Beach (Kaitī Beach) but were moved out to make way for harbour developments, the submitters said.
The whenua where Te Poho-o-Rāwiri Marae was originally built (1852) was taken under the Public Works Act for the creation of the Gisborne harbour.
It was submitted that the yacht club had been occupying the traditional lands of Ngāti Oneone “without responsibility or even connection” to mana whenua.
Another submission was that as Te Tiriti o Waitangi insisted on partnership, participation and protection, the council should return the whenua and resources to Ngāti Oneone mana whenua so “what happens on this whenua can be determined by mana whenua”.
If the port company and the council were not using the whenua for the intended purpose (harbour purposes) it was taken for, it should be returned to Ngāti Oneone.
The hearings committee recognised the significance of Onepoto to Ngāti Oneone and accepted the submission that the yacht club had been a barrier to Ngāti Oneone’s ability to access the land, the agenda states.
“This has limited Ngāti Oneone’s ability to act as kaitiaki for this whenua.
“The matter of return or disposal of council-held land is beyond the scope of deliberations in respect of the process for a lease.”
Ngāti Oneone and the club had met to discuss occupancy of the building and land and to establish a relationship, but without anything specific being agreed to.
The hearing committee considers “there is a greater opportunity for the Gisborne Yacht Club to proactively partner with Ngāti Oneone in the interests of increasing positive impacts and benefits to the community of the land leased by council to the yacht club”.
Various options before the hearings committee were:
- Declining the lease.
- Partially declining the lease and allowing the yacht club to lease the building footprint only.
- Granting a lease for 21 years as applied for by the yacht club.
- Granting a lease for a shorter term such as 10 years – five plus a five-year right of renewal.
The hearings committee of councillors Tony Robinson (chairman), Debbie Gregory and Teddy Thompson decided, by majority decision, to recommend to the council the shorter-term lease of five years, plus a five-year right of renewal.
A Ngāti Oneone spokeswoman declined to comment, saying she had not received any notice from the council.
