MEDIA STATEMENT

14 March 2016

Judicial Review Sought by Waikato-Tainui

Waikato-Tainui is seeking a judicial review to stop Solid Energy marketing and selling lands which are subject to Right of First Refusal.

Solid Energy is selling several rural properties on the outskirts of Huntly, two of which are subject to Right of First Refusal (RFR) under the 1995 Waikato Raupatu Claims Settlement Act and the 2010 Waikato River Settlement Act.

Waikato-Tainui spokesman Rahui Papa said Solid Energy had failed to comply with legislated Right of First Refusal by marketing the land for sale without formally offering it to Waikato-Tainui first, despite the tribe confirming its interest in purchasing the properties.

Mr Papa said a Statement of Claim would be filed tomorrow (Tuesday 15 March 2016) following unsuccessful talks with Solid Energy and the Crown to resolve the matter.

Waikato-Tainui is alleging that Solid Energy has erred in law, committed procedural impropriety, and breached legitimate expectation.

“There is a clear process in place for how RFR lands are to be offered and sold to Waikato-Tainui,” said Mr Papa.

“This is clearly disappointing and we believe we have no option but to seek a judicial review. We are asking the Court to invalidate the decisions made by Solid Energy relating to the sale process, direct that those properties be immediately removed from the open market, and require Solid Energy to adhere to proper RFR process by offering them to Waikato-Tainui at a price based on independent market valuation.”

Waikato-Tainui is asking that the matter be given urgency because the properties are being marketed under tender with a closing date of 23 March 2016.

“The RFR is a mechanism that was put in place to offer Waikato-Tainui the opportunity to have lands which were confiscated in 1863 returned to us. It was one of the key elements of our Deed of Settlement in 1995 and is, today, a key factor in returning tribal lands to our ownership.

“We have upheld our obligations to the settlement agreements and our expectation is that the Crown and its state-owned entities will do the same,” said Mr Papa.

About the Right of First Refusal:

On 22 May 1995 Waikato-Tainui signed a Deed of Settlement for the settlement of the Crown’s historical breaches of Te Tiriti o Waitangi/the Treaty of Waitangi within the Raupatu or confiscation area of the Waikato-Tainui rohe.

The Crown recognised the contribution of the Raupatu land to the development of New Zealand. Waikato-Tainui estimated the value of that contribution as a minimum of $12 billion at the time of settlement.

In order to provide redress the Crown agreed to return as much land as possible to Waikato-Tainui. The Crown settlement redress included the return of some lands, payment of monies and a Right of First Refusal (‘RFR’) over Residual Crown Lands. The RFR applies ‘to any proposed sale of any Residual Crown Land by the Crown or any Crown Body to anyone other than the Crown or a Crown Body’.

The intent of the RFR mechanism is to provide Waikato-Tainui with the real opportunity to reclaim the 1.2 million acres lost as a result of Raupatu and it is upon the principle of ‘i riro whenua atu me hoki whenua mai’ (land taken must be returned) that the RFR mechanism is to be exercised.

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