Brash walks into 'air space' blame

By RUTH BERRY


National's attacks on the Government's treaty negotiations over lakes boomeranged yesterday.

Government ministers claimed that a National Government's "sloppy" Lake Taupo deal was to blame for an iwi's claim to air space rights.

It could not have come at a worse time for National leader Don Brash, about to start a campaign against the unsigned Te Arawa Lakes deal in Rotorua next week.

Herald revelations of the Taupo negotiations yesterday brought an expression of "alarm" by Dr Brash, who said it could result in aircraft flying above the lake being charged.

"The suggestion of a challenge like this serves to further reinforce to most of us that this PC nonsense must be stopped before it goes too far," he said.

But Treaty Negotiations Minister Margaret Wilson said the Government was in negotiations with Tuwharetoa over air space and water rights only because National did not preclude these from the 1992 settlement it signed with the tribe.

The Government has Crown Law advice to that effect.

Conservation Minister Chris Carter said the Government did not want to have to hold the talks, as it did not believe air space and water rights should be handed over with title to lakebeds.

But the 1992 deal had been "sloppy", so it had no option but to discuss the ramifications with Tuwharetoa.


The deal National signed in 1992 granted Tuwharetoa title to the lakebed and shared fees from things such as boat ramps and marinas, which are attached to the lakebed.

Arrangements were also made to share trout fishing licence fees with the Crown.

Tuwharetoa believes its property rights are more extensive and give it it the right to claims fees for structures in or above the water but not connected to the lakebed.

Mr Carter said yesterday that as the deal had not specifically excluded "air space and water columns", they were "otherwise granted automatically by law".

Dr Brash's assertion that claims to air space could result in airlines being charged were ridiculous.

A common law presumption gave any land owner a right to generally control the space immediately above their land - giving, for example, the right to build a house on it, subject to resource consent requirements.

The Lake Taupo situation was similar.

"Obviously those rights don't stretch to the stars, but it does mean someone can't build a gantry above your house without getting your permission."

At least one legal ruling, in 1977, clarified this right and National should have been aware of it, Mr Carter said.

He said the Government was checking whether similar challenges could be made to other lake deals National had signed, including one giving title to Lake Ellesmere as part of the Ngai Tahu deal.

After the Government's criticisms yesterday, National changed tack.

Mr Brownlee said the Government should move to rule out the Tuwharetoa challenge immediately.

National MP Georgina te Heuheu, sister-in-law of paramount chief Tumu te Heuheu, kept her head down on the matter yesterday.

But as Tuwharetoa has long-established links with the National Party, its criticisms will be hurting.

* In Auckland, heritage buildings can sell their airspace.

Transferable development rights (TDRs) allow the owner of a heritage building to sell or transfer airspace as compensation for the lost development potential of the building being scheduled for heritage purposes.

In 2001, the Anglican church sold airspace above St Matthew-in-the-City to AMP to give the company the right to build part of its 34-level skyscraper on Auckland's waterfront.