Wai Claim 596

  • In the 1800s the Hawke's Bay River Board took Ngatarawa land for a railway line under the Public Works Act.

  • According to Gazette Notice 1912, Pg 2784 The railway line never eventuated and the Minister recommended that those parcels of land be reverted to “Crown Land”. This was declared subject to the Land Act, 1908.

  • Subsequently, the title to this Crown land was awarded to Hawkes Bay Regional Council.

  • It’s important to note this land was NEVER taken for flood protection or management.

  • In turn Hawke’s Bay Regional Council, leased this land for cropping and other activities - Mike Glazebrook currently leases part of our land.

  • The State-Owned Enterprises Act and Crown Forests Assets Act can lead to binding recommendations in which land no longer used for the original purpose for which they were alienated by the crown can and should return the land to its original owners with compensation.  In a similar vein this land should be returned.

  • Mr. Irimana Heemi Totoru Alex Matenga an owner in the Ngatarawa land had been investigating the land issue and made inquiries through the Department of Lands and Survey, however, their response was that their records from that time were destroyed in the 1931 Earthquake and they didn't have much information. They suggested going to the Land Officer at the NZ Railways in Wellington as they may have records that show why they needed this area and any compensation that was agreed upon.

  • 7 May 1996 Mr. Irimana Heemi Totoru Alex Matenga lodged a claim. The Claim is called WAI596. Mr. Irimana Heemi Totoru Alex Matenga passed away.

  • The Ngatarawa Lands Trust was developed and Trustee Olivia Thompson was tasked to investigate the Claim.

  • In May 2018 Liz Munroe, lead negotiator for He Toa Takitini informed the Ngatarawa Lands Trust that the Ngatarawa lands could not be transferred through the Settlement legislation even though an agreement was secured by the Hawkes Bay Regional Council (HBRC).

  • HBRC Chairman Rex Graham had agreed to effectively transfer the perpetual management of the land to the owners through an MOU. Whilst it will not transfer ownership, the effect will be the same though the land will be subject to a perpetual covenant allowing access to HBRC for flood control purposes.

  • He Toa Takitini had initiated discussions with the HBRC on the terms of the MOU but there has been little progress to date. We were given Liz’s word that our claim would remain a priority once the settlement legislation was enacted. Olivia met with Liz in July 2019 but there has been little progress from He Toa Takitini and HBRC. In 2020, Liz informed Olivia that Heretaunga Tamatea Settlement Trust had allocated a legal advisor to our case. We have not received further instruction. 

  • The Ngatarawa Trustees met with Chairman of Ngati Kahungunu Iwi Incorporated - Ngahiwi on Monday 1 April 2019 and he invited HBRC Chairman Rex Graham to join us. We had a good robust meeting sharing our frustrations and Rex suggested that we have a site visit. 

  • On Thursday 4 April 2019 we met with councilors and growers to visit the said site. 

  • In a nutshell, we were advised to meet with James Palmer who is the HBRC CEO, and go through the finer detail with him. Rick Barker said it would take time but that's where we need to start. Rex is positive that at the least, we will get our land title back and will be able to transfer the lease from Glazebrook to HBRC to Glazebrook to us. 

  • 2020 Update - Heretaunga Tamatea Settlement Trust have engaged a legal advisor to represent us. See HTST Sept 2020 Update below.

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