NGTI

WHTUA / WAIKATO-TAINUI

JOINT MEDIA STATEMENT
MONDAY 15 JUNE 2015
FOR IMMEDIATE RELEASE

NGTI WHTUA AND WAIKATO-TAINUI TO FILE STATEMENT OF CLAIM THIS WEEK
Waikato-Tainui and Ngti Whtua say the Prime Ministers comments at his press
conference today effectively rejecting their proposal to make a joint approach to the
courts to clarify the extent of the right-of-first-refusal provisions of their Treaty
settlement Acts are disappointing and risk delaying Auckland getting the new homes
the city desperately needs.
A joint approach to the courts by the Crown and iwi could have led to our
difference of opinion being settled collaboratively in a matter of weeks and allowed
us to be a greater part of the solution to Aucklands housing issue, Waikato-Tainuis
Tukoroirangi Morgan and Ngti Whtuas Ngarimu Blair said today.
Instead, we will have to go down the old-fashioned path.
Time is of the essence when it comes to getting more Auckland housing built so
Russell McVeagh has been instructed to file a statement of claim in the High Court at
Auckland this week. Hopefully the courts will recognise the urgency of this matter
and give it priority.
Mr Morgan and Mr Blair said that, whatever the courts might rule, their iwi were,
and planned to continue to be, leaders in building new, safe, warm, attractive and
affordable homes for the benefit of their own people and all Aucklanders.
We have very strong balance sheets; a deep connection with the Auckland region
that goes back hundreds of years; a stronger appreciation than most of the need to
get Auckland house-price inflation under control to help more young families into
safe, warm, attractive and affordable homes; and we are the natural partner for the
Crown, especially given the right-of-first-refusal provisions of our just-and-durable
Treaty settlements that have been legislated for by Parliament in 1995 and 2014
respectively.
The legal advice that has been received is that when the Crown plans to sell surplus
land to private interests, the law as legislated for by Parliament is that we must be
given a right of first refusal. That is an absolute right under our just-and-durable
Treaty settlement Acts, but we would also have thought that the Crown would want
to work with us under our post-settlement partnership.

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Mr Morgan and Mr Blair said the decision to file a statement of claim was taken
without any malice towards the Crown.
Differences of opinion between iwi and individual ministers such as Housing
Minister Nick Smith are inevitable and do not affect the enduring post-settlement
partnership with the Crown. Consequently, our invitation for the Crown to join with
us in a more collaborative joint approach stands and remains our preferred option.
We reiterate: the right-of-first-refusal provisions of the settlement Acts remain in
force well into the 22nd century and it is to the benefit of both Treaty partners the
Crown and iwi to have a clear ruling from the courts as soon as possible on the
circumstances under which they must be applied.
As this matter is shortly to become sub judice neither Ngti Whtua nor Waikato-
Tainui plan to comment further.
END
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