Tenancy Tribunal has no jurisdiction over occupation rights to Maori reserve land, leading trustees of a Bay of Plenty marae trust have the Maori Land Court evict troublesome occupiers of a papakainga on Old Highway Road between Tauranga and Omokoroa.
Clayton and Charene Holloway were granted permission to live at a homestead on the site in late 2025 for a three to six month trial period, on the strict condition there was to be no drug use.
The court was told of papakainga neighbours felling threatened by the Holloways’ behaviour: drug use; setting fires; destroying boundary fences and trees; and entering neighbouring houses uninvited.
They refused to leave when asked, responding with threats.
Mr Holloway has ancestral links to the land. He told the court of having previously lived at the homestead for many years, looking after his grandmother.
The land is now held in a trust. Mr Holloway has no greater right to live at the homestead than any other trust beneficiary, Judge Thomas said.
Trustees decide who can reside there and how the land is managed, she said.
The Holloways become trespassers by refusing to leave after being asked by trustees, she ruled.
They were given 21 days to leave; ordered not to return to the homestead for twelve months.
Whether the Holloways can later return is a matter for negotiation with trustees, Judge Thomas said.
Tawhitinui Marae Reserve Trust v. Holloway – Maori Land Court (17.08.26)
26.234