However, despite Mr Carter imploring prompt action and Maori land owners pleading for it, Judge Ambler was cautious about approving the application to form the Ngakahu Ahu Whenua Trust, covering 11 of the 12 titles in the 185ha Okahu block at Kaitaia. The application was supported by all but a few of the 280 owners involved, about 40 of whom had travelled from as far as Wellington to attend the hearing.
The owners wanted a decision on the planned trust because they had held three hui in Kaitaia and Auckland to comply with directions given by the judge last November and in January this year. Negotiations with the FNDC had settled long outstanding rates on the titles, and the owners wanted to move into the future united as a trust, ending divisions that had separated most of the whanau from their land for more than 50 years.
But Christchurch man Nicholas Te Paa, a majority shareholder in the 12th Okahu title, not included in the trust application, and named on other titles, had sought an adjournment, questioning the legality of the application.
Judge Ambler said the court promoted ahu whenua trusts, but had to make sure all owners received proper consideration. His queries about the hui, proxy voting and the trust application were answered by Ngakahu interim management committee members Des Mahoney and Te Uri Reihana-Ngatote.
When the judge asked if any owners opposing the trust formation were present, Valentine Taylor stood to say he knew nothing about the trust, but later disclosed he had attended a hui, and there was evidence that he had been informed of another.
A hint by the judge that he could adjourn the hearing so Mr Te Paa and Mr Taylor could talk to the court drew a strong objection from Ajun Ahoy, who said Mr Te Paa had attended two hui, and both objectors had had opportunities to air their concerns.
When the judge asked why there was a need for urgency, Mr Carter said Muriwhenua tribes were expected to get many thousands of hectares of land returned via Treaty settlements. The Ngakahu case was a council template for Maori land rating issues, and if it was held up the rating programme affecting settlement land could be delayed.
Interim management committee member and Te Aupouri Treaty settlement negotiator Hone Peters asked how Maori were going to deal with the return of their settlement land if they couldn't organise a small block like Ngakahu.
Mr Mahoney said all court directions had been followed, and if the judge did not allow the formation of the trust his decision would be appealed.
Rev Pereniki Tauhara said the council had released Ngakahu owners from rates bondage, and the Maori Land Court should now do the same.
"Our people have been begging for a long time. We are making history here today," he said, supporting the application so land owners could lead their mokopuna into the future.
Judge Ambler said he would make his decision in chambers, asking for written minutes of the first two hui.
He said his options would then be to form a trust covering all 11 titles, just some titles in which objectors held no ownership, or to adjourn the whole issue until February.
