A
splinter group within Auckland Maori failed in its bid claiming sole rights to
tourist concessions on Rangitoto and Motutapu islands in Auckland’s inner Hauraki Gulf.
Ngai Tai Ki Tamaki
Tribal Trust challenged Conservation Department concessions granted to Fullers
Group and the Motutapu Island Recreation Trust.
Fullers markets the Volcanic Explorer Operation, bundling together a
ferry trip to Rangitoto with a tractor-drawn trailer ride on the island. Motutapu Recreation offers walking tours on
both Motutapu and Rangitoto.
Both Fullers and Motutapu
Recreation faced objections to a renewal of their existing concessions before
the Conservation Department pruned back requested ten year extensions to five
years only.
The High Court was told
Tamaki Tribal Trust objects in principle to the existing concessions. It says a Treaty of Waitangi clause in the
Conservation Act reserves tourist concessions on conservation land to local iwi
only. It alleges Motutapu Recreation
lacks sufficient cultural and historical connection with the two islands to
properly convey their significance. It
complains Fullers operates a monopoly on tourism to Rangitoto. It says Fullers should be kept off the island
allowing time for Tamaki Tribal Trust to build up its own tourist operation.
Evidence was given that
Tamaki Tribal Trust is a breakaway group within Tamaki Makaurau. It does not form part of the Tamaki
Collective recognised by 2014 legislation set up to facilitate conflicting Treaty
of Waitangi claims across the Auckland isthmus.
Discussion between Fullers and Tamaki Collective prior to the five year
extension saw Fullers agree to maintaining and repairing all roads on
Rangitoto, avoiding adverse environmental effects and paying some $10,000. Tamaki Tribal Trust was offered a partnership
role within the Fullers concession but was not interested.
Justice Fogarty ruled the
Conservation Act Treaty clause does allow preferential treatment for local iwi
in exploiting the conservation estate, but this entitlement is not absolute; it
depends on what is reasonable in the prevailing circumstances. Allowing only a five year extension with the
prospect of future involvement by local iwi after their Treaty claims had been
settled was appropriate.
Government says there is
room on both islands for multiple tourism concessions.
Ngai
Tai Ki Tamaki Tribal Trust v. Minister of Conservation – High Court (1.03.17)
17.019