June 10, 2016
Ngati Whakahemo thwarted in farm buy
The Supreme Court has found Landcorp was wrong to sell a Bay of Plenty farm and shareholding ministers were wrong to not intervene because they were all relying on bad advice from the Office of Treaty Settlements.
But in a split decision the court decided they don’t have to do anything to fix the injustice.
The case was taken by former MP Mita Ririnui on behalf of Ngati Whakahemo, which has a claim over the Wharere farm south of Te Puke.
The Office of Treaty Settlements mistakenly advised that all Ngati Whakahemo’s historic claims have been settled, so the land could be sold.
The court was critical of Landcorp’s then deputy chair Traci Houpapa and chief executive Steve Carden, who it said strung along the iwi so it would not file legal action in time to stop the sale.
Chief Justice Sian Elias and Justice Terence Arnold wanted the ministers to reconsider offering Ngati Whakahemo the opportunity to bid for the farm.
But they were overruled by the other judges, who say such an opportunity could interfere with the rights the new owner has gained by the sale going ahead.
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