Decision of Independent Hearing Panel – Resource consent is granted for TWC Shelly Bay development.

Mau Whenua, “This decision doesn’t change anything.”

Mau Whenua has filed proceedings in the High Court seeking orders to bring the land located at Shelly Bay formerly owned by the Port Nicholson Block Settlement Trust (PNBST) back into iwi ownership.

Mau Whenua considers that these transactions were a breach of trust by the Trustees and that SBIL (Shelly Bay Investment Ltd) knew or ought to have known it was acquiring trust property in breach of trust. Mau Whenua argues SBIL should not be allowed to retain ownership of the Shelly Bay Properties and that those properties should be returned to iwi ownership.

The PNBST Trust Deed requires a major transaction – a transaction involving the sale or disposition of over half of the value of the Trust Fund – to be approved by a special resolution of PNBST members.

In February 2016 the Trustees proposed selling the Shelly Bay Properties to The Wellington Company Limited. The Trustees acknowledged that this proposed sale was a major transaction, as it involved a sale of over half of the value of the Trust Fund, and therefore required approval of 75% of PNBST’s members.

The Trustees advanced a special resolution to approve that sale. That special resolution failed with only 50% of voting members being in favor – far from the required 75%.

Cassels is putting on a brave face, considering he doesn’t have secure ownership of the disputed land.

Mau Whenua has lodged caveats against the titles of the Shelly Bay Properties in issue with Land Information New Zealand. The caveats registered against the titles, will prevent SBIL taking steps to subdivide or otherwise transfer the Shelly Bay Properties to another person until the High Court has issued its judgment.

Mau Whenua will defend these caveats over our land, with strength and determination. As kaitiaki we, (Taranaki Whanui) are responsible for the protection and sustainable use of the whenua. To honor our Tipuna, to protect the future of our children. When our leaders fail us we must all stand up and take responsibility to right the wrongs.

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