14 October 2015

Maori: Paki v. Maori Land Court

Over 140 years on and legal rights over use of Lake Horowhenua are still in dispute. In fact, there is still a dispute over settling the rules to decide how to settle the dispute.  Attempts by the Maori Land Court to set up an accord between local authorities and Maori owners of the Lake were given the go-ahead by the High Court.
Rights to Lake Horowhenua have a tortured history.  Colin Paki of Muaupoko has been a high-profile defender of local Maori interests.  He sued in the High Court complaining that an accord brokered by the Maori Land Court between local Maori (represented on the Lake Horowhenua Trust), the Lake Horowhenua Domain Board, the Horowhenua District Council, the Horizons Regional Council and the Department of Conservation was invalid.  The accord is intended to create a decision-making body capable of reaching agreement over use of the lake.
The High Court was told a forerunner of the present Maori Land Court decided in 1873 that Muaupoko own Lake Horowhenua.  This right of ownership has never been lost, though there has been confusion over which members of Muaupoko hold ownership and in what proportions.  An 1898 Land Court ruling confirmed the lake could not be sold.  It is held in trust in perpetuity for Muaupoko with fishing rights held by Muaupoko owners.  No satisfactory governing structure has been put in place to govern use of the lake and its environs.  Government legislation in 1905 confirmed Maori ownership and their fishing rights, but declared the lake to be a public domain open to all for use in “aquatic sports and pleasures”.  This left undecided the relationship between traditional Maori owners, the new Domain Board and local territorial authorities.
Local Maori have been vocal in highlighting environmental damage in and around the lake.  Drainage work has lowered lake levels, destroying shellfish beds and creating a “dewatered” area around the margins.  Untreated sewage from a local sewage treatment plant is discharged into the lake after heavy rain.  They resent the manner in which a predominately pakeha local population has historically prevailed over the historical rights of Muaupoko in use of the lake.  The High Court described governance arrangements for the lake as dysfunctional.
Mr Paki challenged attempts by the Maori Land Court in 2012 to set up a new governance body.  He claims the Court failed to comply with rules already in place for governing the lake and further failed to ensure proper representation of Muaupoko members.  In the High Court, Justice Clifford said the 2012 accord is no more than a non-binding framework intended to advance discussions on an appropriate trust structure to govern use of the Lake, something which has never been properly addressed since the original 1873 court decision.   
Paki v. Maori Land Court – High Court (14.10.15)
15.114