Wairarapa Māori have won a landmark case in the Supreme Court, which could force the Crown to return hundreds of acres of land currently occupied by the multi-million dollar Maraetai Power Station in Waikato.
It’s a victory for the Wairarapa Moana Incorporation, a group affiliated to Ngāti Kahungunu ki Wairarapa, who have been fighting for the land for years.
The Waitangi Tribunal made an extraordinary preliminary finding in 2020 that the land should be returned to Wairarapa Māori despite them not being mana whenua (the original inhabitants) of the Waikato region.
That’s because the land was once given to Wairarapa Māori by the Crown as compensation for the taking of the Wairarapa lakes.
The Government challenged the tribunal’s decision in the High Court and won. The judge determined that allowing land to be resumed by an iwi without mana whenua would be a breach of tikanga and the Treaty of Waitangi.
However, the Supreme Court has ruled the High Court’s decision was wrong, and there are other relevant tikanga principles to consider that haven’t been fully explored.
The ruling will be an important consideration for the Waitangi Tribunal as it deliberates on its final recommendations regarding Wairarapa Moana’s claim.
The tribunal even has the power to make a binding recommendation to the Crown, forcing them to return the land, under a special power known as resumption.
This would be unprecedented as the tribunal has never fully exercised its resumption powers.
Why are Wairarapa Māori fighting for land outside of their region?
The Crown acquired Wairarapa Moana, a key resource for Wairarapa Maori, in 1896.
As compensation for the taking and mishandling of the lake, the Crown compensated Wairarapa Māori with Pouākani land in Waikato, in 1916.
But the Crown later went on to occupy parts of the Pouākani lands without their consent.
In 1949, the Crown compulsorily acquired 787 acres of that land as a site for the Maraetai Power Station. The station is now owned by Mercury.
A treaty settlement could derail Wairarapa Moana’s fight
While Wairarapa Moana have been fighting for the return of the Pouākani lands through the Waitangi Tribunal and courts, other members of its iwi have been progressing with its treaty settlement.
The Supreme Court is currently considering whether the assets could be returned but there's fear the settlement will be finalised before it makes a decision.
The group tasked with negotiating the deal are satisfied with the settlement despite it not including the Pouakāni lands. Many within the iwi are tired of waiting, and have wanted to avoid any further delay.
The settlement is now in its final stages, and will soon have its third and final reading.
If Treaty Negotiations Minister Andrew Little proceeds with the settlement, it will extinguish Wairarapa Moana’s ability to have the Pouakani lands returned.
Little said he was considering the judgement and "awaiting advice from officials".
SHARE ME