March 09, 2017
Orakei’s exclusive mana whenua claims rejected
Ngati Whatua Orakei says it will appeal the High Court’s refusal to hold a judicial review of the inclusion of central Auckland land in the Ngati Paoa and Marutuahu settlements.
Spokesperson Ngarimu Blair says the government’s approach to overlapping claims is a fundamental breach of tikanga and Ngati Whatua’s treaty rights.
He says Ngati Whatua Orakei has the primary mana whenua interests in central Auckland, but the court seems to be saying that by signing up to the Tamaki Collective agreement in 2012, it effectively gave away those interests.
In his decision, Justice Paul Davison says it would be inappropriate for the court to interfere in a settlement that will happen by an act of parliament.
He says when Ngati Whatua become part of the Tamaki Collective Settlement, it agreed to relinquish its exclusive right of first refusal to crown land over much of the Auckland isthmus what was contained in its abandoned 2006 agreement in principle.
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