Farm manager granted temporary order to stay in house amid dispute

A109 Light Utility Helicopter flight with mayor Gisborne City from the air in November 2023.

A farm manager who lost his job and the house that came with it when a Māori Incorporation decided to exit farming, has been granted a temporary court order to remain in the house.

Michael Ferris (snr) is a shareholder in the Nuhiti Q Incorporation and was employed by it to manage its farm on the Waipare Block — Crown-owned land near Anaura Bay, which the Incorporation leased two years ago for a 33-year term.

As part of his remuneration package, Mr Ferris was allowed to live in a house on the block at Aero Road, Anaura Bay.

That all changed, Mr Ferris claims, when the Incorporation decided to “exit” farming — a decision he alleges was contrary to a resolution of owners and the incorporation’s obligations under Te Ture Whenua Māori Act 1993  (the Act).

The dispute is now a matter before the Employment Relations Authority and the Māori Land Court.

Mr Ferris applied to the Māori Land Court under part of the Act (section 280) for an investigation into the affairs of the incorporation ahead of applying for an interim injunction restraining its management committee from proceeding with steps to evict him from the Aero Road house.

Lawyers for the committee opposed the application for the injunction, submitting the Māori Land Court did not have jurisdiction over Crown-owned land.

That legal argument was rejected by Deputy Chief Māori Land Court judge Caren Fox. In a recently released decision, Judge Fox ruled the house was inextricably linked to the Incorporation’s decision to exit farming and as such might be affected by any order ultimately made by the court in the substantive proceedings.

She said the status of the house should be kept as is until the case was finalised.

The Gisborne Herald approached each party’s legal counsel for comment.  While limited as to what they could say while proceedings were still before the court, the lawyers each gave brief statements.

Counsel Amber Evans confirmed the basis of Mr Ferris’ application in the main proceeding was “the circumstances around and implications of” the decision made by the committee to “exit sheep and beef farming on the block, including selling stock and ceasing farming operations”.

Counsel for the committee Nathan Milner, said there had been “no decision to change land use”.