Lake Taupō, December 2020. Photo / Marian Robertson
Lake Taupō, December 2020. Photo / Marian Robertson
A High Court ruling has upheld the property rights of Ngāti Tūwharetoa to licence and charge users for operating commercial activities on the lake and surrounding tributaries.
Public access for recreational use is unaffected.
Ownership of the lake bed and certain tributaries was vested in the Tūwharetoa Māori Trust Board on behalf of Ngāti Tūwharetoa under the terms of a 2007 deed. Tūwharetoa Māori Trust Board chairman John Bishara has welcomed the High Court's ruling.
"The trust board is pleased that the High Court has upheld the property rights of Ngāti Tūwharetoa in our taonga, Taupō moana."
In 2017 the trust board applied to the High Court for a declaratory judgment to clarify their property rights on 'Taupō waters' as provided under the 2007 deed.
In particular, the trust board sought clarification on the ability to require commercial users to obtain rights to occupy or use parts of the lake for commercial activities, and to charge them for it.
Tūwharetoa Māori Trust Board chair John Bishara at the 2017 IronMāori. Photo / File
Tūwharetoa Māori Trust Board chief executive officer Shane Heremaia said several users have been operating commercial activities without charge for some time.
"While some commercial users have reached agreement with the trust board, others have challenged our right to licence and charge for commercial activities on the lake. So, we applied for declarations from the High Court to clarify the situation for all parties concerned. The trust board was successful on all grounds."
Mr Heremaia said the judgment only applies to commercial users of the lake, and doesn't affect public access to the lake for recreational purposes.
"I wish to reassure our local community and the general public of New Zealand that recreational users of our beautiful lake and rivers are not affected in any way by the High Court judgment.
"As kaitiaki of Lake Taupō, Ngāti Tūwharetoa have always welcomed the general public to enjoy our lake and rivers. That will continue to be the case."
Huka Falls. Photo / Destination Great Lake Taupo
In 1992, the Crown signed a deed with the Tūwharetoa Māori Trust Board which conferred ownership of 'Taupō waters' in the trust board on behalf of the people of Ngāti Tūwharetoa. The 1992 deed was superseded by the 2007 deed.
'Taupō waters' includes the bed of Lake Taupō, the space occupied by the water of the lake, certain tributaries flowing into the lake and the Waikato River from the outlet of Lake Taupō to the Rock of Tia at Huka Falls, and including Huka Falls.
Mr Heremaia said the trust board had been mindful and considerate of the impact of Covid-19 upon the local community and businesses.
"We know it has been a tough time for our community and local business. To express our understanding and support we choose to forgo any commercial fees when the pandemic broke out last year."
