Ahipara landowner to sell Moringai section as occupation clocks up six months

The occupation at Moringai, on Ahipara's Wharo Way, will clock up six months on Saturday. Photo / Supplied

Six months after an occupation began at a waterfront property in Ahipara, the owner says he has no choice but to try to sell the land.

But the occupiers say they aren't going anywhere - and they'll stay as long as it takes to find a solution that ensures the land, and an historically significant pōhutukawa tree, are protected.

Kaitāia GP Cecil Williams, owner of the section at the corner of Foreshore Rd and Wharo Way, sparked a storm last October when he cut down half the pōhutukawa.

Members of the local hapū have occupied the site, known as Moringai, ever since.

Williams said he didn't realise the tree's significance when he cut part of it down to make space for a house.

He had since abandoned his building plans and hoped the iwi or Government would buy the land for a reserve. He had offered it for $500,000 - the price he paid in 2008.

Te Rarawa had, however, turned down the offer, he said.

He had asked police for help but they had so far been unwilling to remove the occupiers.

"I'd love the land to go back to the iwi but now I have to put it up for sale," Williams said.

"I'm sitting with a problem. You can't sell a piece of land when there's people camped on it, so I can't get my money out. I didn't want to do it but I have to put it on the open market and see what price I get."

Hapū members occupying a section on Ahipara's Wharo Way, seen here in October 2021, say they won't budge until they're confident the land and tree are protected. Photo / Peter de Graaf

Occupation leader Rueben Taipari, however, doubted he would find a buyer as long as the land was occupied.

"Good luck selling the land while we're sitting on it."

Taipari said he had a strong, motivated team and was in a good position to continue the occupation.

He was, however, hopeful of reaching a "positive solution" that would be driven by hapū and benefit the whole Ahipara community.

"I am here to correct an injustice and protect the tree, but I don't want to be sitting here 10 years from now. We're prepared to occupy through the winter but I would like to see a successful outcome in the next two months."

As well as planting trees and flax on the land, the group had spent the past six months learning about the history of Moringai.

What they had learned had convinced them they were in the right, Taipari said.

He expected the landowner's next move would be to issue trespass and eviction notices, but the group had lawyers ready to help if needed.

Taipari said Williams had erred in cutting down the tree but the developer needed to be held to account for selling the land in the first place.

Following an earlier occupation about 15 years ago, the hapū believed that part of the subdivision would be made into a reserve.

Kaitāia police Senior Sergeant Dan Williams (no relation to the landowner) said he planned to return to the site and talk to the group as soon as possible.

He had wanted to visit last week on behalf of the landowner but had been delayed by Covid issues.

"I'll sit down with them and have some hard discussions about what now," he said.

Te Rarawa chairman Haami Piripi said the iwi was not prepared to pay the full purchase price for the property.

The iwi had many other projects, all of which were part of an overall strategy and complemented each other.

There was no way the iwi could get a return on its investment by buying the Moringai site.

"We do also have a strategy for buying land of cultural significance, but a lot of work would have to be done around that. If we had to spend $500k it wouldn't be on a 600sq m section."

However, Piripi supported an idea mooted by councillor Felicity Foy that iwi and community groups pool their resources and use the site in a way that benefited the community.

Te Rarawa could be more inclined to buy the property if the cost was shared.

Possible uses of the land, if it was owned by the community, included a centre where youth could learn water safety skills.

Too many young people were unable to swim, Piripi said.

The location, across the road from Ahipara's flagged swimming area, made it a "golden opportunity".

The occupation at Moringai, on Ahipara's Wharo Way, will clock up six months on Saturday. Photo / Supplied

Meanwhile, the iwi had so far been unable to get to the bottom of how the section at 1 Wharo Way came to be sold in the first place.

Those inquiries were continuing.

Piripi earlier told the Advocate the iwi believed the developer had set aside the sections at 1 and 3 Wharo Way as a reserve, because of the area's historical significance, after an earlier occupation.

It was only during the furore over the pōhutukawa that the iwi became aware the land at 1 Wharo Way had been sold years earlier.

The reserve at 3 Wharo Way covered just 650sq m, was sandwiched between two sections and didn't even include the tree.

The tree did not have formal council protection but was subject to a private covenant and listed as a significant landmark by Te Rarawa.

The pōhutukawa is believed to be the only remaining feature of an historic site which included a marae destroyed by a storm or tsunami in 1910.

Occupation leader Rueben Taipari examines the sawn-off section of pōhutukawa at Ahipara's Wharo Way. Photo / Peter de Graaf

Foy said she had attended a hui at Moringai last Sunday along with fellow councillor Moko Tepania, who holds the council's Te Ao Māori portfolio.

As yet there was no clear way forward, but she had suggested iwi and community groups work together to find a solution.

A model for that could be Kaitaia's Te Ahu Centre, which was council-operated but owned and managed by a trust made up of iwi and community representatives.

There were also historic grievances involved at Moringai but that was an issue for the Office of Treaty Settlements rather than the council, Foy said.

The occupation has gained a more permanent appearance recently with the construction of a kauta, or kitchen, which also provides shelter in inclement weather.