8 Mar 2012

Trust suing Crown over Ngati Whatua o Orakei settlement bill

7:01 pm on 8 March 2012

An Auckland trust which was set up to look after land known as the Fort Takapuna Historic Reserve, is suing the Attorney General on behalf of the Crown.

The Tamaki Reserve Protection Trust has filed papers in the High Court in Auckland, in relation to wording in the Ngati Whatua Orakei Claims Settlement Bill, which is set down for its first reading in Parliament on Thursday evening.

The bill includes reference to 3.2 hectares of land known as the Tamaki block, being part of commercial redress to the hapu.

The trust says the land which is used by the navy, is part of the Takapuna Head Reserve, and included in the 2000 Hauraki Gulf Marine Park Act.

Papers filed with the High Court state there have been two errors of law by the Crown, in allowing the Tamaki block to be part of a Treaty settlement.

One error relates to contravening wording in the Hauraki Gulf Marine Park Act, the other to the 1977 Reserves Act.

Trust chairman Michael Pritchard says the court action is not intended to offend Ngati Whatua o Orakei, and the trust acknowledges the hapu's right to redress for its grievances.