Squatting at a property on a forestry block in Northland, Maraea Pihema has been told by court order to leave. Claims by Ngati Tama that the land was unlawfully confiscated are for the Waitangi Tribunal to consider, the High Court ruled.
South Pacific Forestry Holdings Ltd is registered owner of Omakura Forest near Mangamuka. It is up for sale. Direct action by members of Ngati Tama is hindering the sale process.
South Pacific told the High Court that Ms Pihema is living on site, refusing to leave. As a legal precursor to forcing her off the property, South Pacific got a court order for possession.
She did not appear in court to defend the application.
Her supporters filed papers claiming rights of occupation as an ancestral right of Ngati Tama, challenging South Pacific’s claim to ownership.
Associate judge Gardiner ruled South Pacific had full rights of ownership as named owner registered on land title for the forestry block. Ms Pihema is an ‘unlawful occupier.’ She was given five days to leave. Failing that, South Pacific could remove any of her belongings remaining on site.
Claims by Ngati Tama that the land was unlawfully taken in breach of the Treaty of Waitangi is for the Waitangi Tribunal to consider, Judge Gardiner ruled.
If proved, government can consider payment as compensation. Proved Treaty breaches do not affect land ownership rights of current owners.
South Pacific Forestry Holdings Ltd v. Pihema – High Court (8.02.24)
24.049