Lake Horowhenua Rowing Club Given 7 Days To Vacate Clubrooms

A group of Lake Horowhenua owners have taken possession of both buildings erected on their land overlooking their lake.

Police were called to a disturbance at the Domain at approximately 1.30pm on Friday 23 October.

The owners had re-occupied their building, and after setting off the alarm, waited for the police to arrive.

When rowers starting turning up, the police presence increased to seven police cars.

Two rowers had to be restrained by several police officers, but it is understood that no charges have been laid.

The rowers have been given a week to remove their gear from the building.

The rowing club’s licence to occupy the building had expired in 2007, and attempts by the Lake Domain Board to roll over this licence have been deemed illegal due to the introduction of the Reserves Act in 1977.

The Maori Land Court had established in 2012 that both Domain buildings belong to the Domain Board and said it was reasonable to expect the Lake Domain Board to issue formal notice for the clubs to vacate the buildings.

The following year, the Supreme Court confirmed that the clubs were unlawfully occupying these buildings.

When the owners took over the unoccupied southern building on 13 September this year, Superintendent Wallace Haumaha threatened to arrest them all, but backed down when he was shown the Court judgements.

Previously, senior police officers had informed owners in writing that their official position was that the rowers had every right to remain in the building, whereas if any of the owners entered the building they would be arrested for trespassing.

During March 2014, following a previous occupation of the northern building by the owners, the police had provided the rowers with protection while the rowers broke into a building they neither owned nor leased to remove the property of the owners stored inside. The police then put in place a 24-hour scene guard to keep the owners out of their own building.

Several days later, the police arrived to arrest an owner, Philip Taueki, for being unlawfully in the building, claiming that the rowers had a lease on it.

Mr Taueki was eventually charged with burglary and wilful damage for painting over a mural on the side of the building.

Both charges were dismissed by Judge Hastings, following a six-day trial in the Levin District Court during February.

In court, police officers continued to insist that the rowers had a lease, even though nobody could produce such a lease.

Lake Domain Board audited accounts confirmed that there was no rental income from these buildings.

Mr Taueki has appealed a conviction and discharge for escaping from custody, which will be heard in the High Court on 4 March 2016.

The situation at the lake continues to be volatile.

On 7 October, every window on the southern Domain building was smashed.

The same night, somebody smashed a ranch-slider door to gain access to the home of a supporter while she was home. A 33-year old man has been arrested in relation to that incident and remanded in custody.

But there have been no arrests following an incident on 17 September when Mr Taueki was forced to barricade himself in his home when a rower and two male accomplices were banging on his door threatening to kill him.

Mr Taueki’s ute has recently been vandalised.

Crown Law conceded this month that the Crown can be held responsible for the legislation governing access to this privately-owned lake.

A certificate of title for the lake bed and land surrounding the lake was issued in 1899.

Despite this private ownership, Parliament passed a law in 1905 letting the public use this lake free of charge and placing control of it in the hands of a Domain Board appointed by the Minister.

Within a year, MP Tame Parata was asking Parliament if it would repeal legislation that acquires a valuable estate without the consent of the owners.

Discussions are taking place to amend the legislation, following concessions from the Minister for Maori Development that such arrangements would not be put in place today.

ENDS

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