Stoush between Northland Māori trustees and FNDC ends up in court

Judge Miharo Armstrong has ruled the Māori Land Court has jurisdiction to hear a dispute between FNDC and trustees of a Māori freehold land. Photo / NZME

A court has ruled it has jurisdiction to determine whether the trustees of several Māori freehold land blocks validly cancelled an agreement it had with the Far North District Council.

The trustees of Ngakahu-Ngakohu Whānau Ahu Whenua Trust administers 10 blocks of Māori freehold land accessed by FNDC to get to the Kauri Dam. FNDC has an easement across the land that crosses Tarawhaturoa Stream near Kaitaia.

A ford FNDC constructed over the stream required extensive repairs after it was damaged due to widespread flooding.

In 2016, the trustees and FNDC entered into an agreement to repair and maintain the ford.

Under the agreement, the trustees would repair and reconstruct a more durable ford over the stream and FNDC would pay $11,500 to the trustees as a full and final settlement of all claims arising from the ford.

The trustees were to be solely responsible for all future repairs and maintenance to the ford and they indemnify FNDC from any further liability for the ford.

After the signing of the agreement, the trustees said they discovered FNDC was required to construct and maintain the ford crossing through resource consent obligations and that this was not disclosed to them prior to signing the ford agreement.

In 2020, the trustees sent notice to FNDC to cancel the ford agreement on the grounds of mistake or misrepresentation. FNDC did not accept the agreement was validly cancelled.

The trustees then filed an application in the Māori Land Court, seeking a determination it was validly cancelled.

As a preliminary issue, FNDC argued the court did not have jurisdiction to determine whether the ford agreement was validly cancelled.

Māori Land Court judge Miharo Armstrong ruled that under the Te Ture Whenua Māori Act 1993, the court had jurisdiction to hear the case.

In a related application, the trustees and FNDC came to an agreement to share repairs and maintenance costs on a 50/50 basis for the easement, excluding the ford crossing.

Judge Armstrong invited the FNDC lawyer to take instructions on whether agreement could be reached on the ford crossing. No agreement could be reached.

A day-long hearing on the substantive matter will take place in Kaitaia on a date yet to be determined.