High Court orders occupiers of land near Te Tii Marae to move

Justice Grant Powell has ordered the occupiers of a recreational reserve and an accessway near Te Tii Marae to move.

Far North District Council (FNDC) has successfully sought a court order to remove occupiers of a recreation reserve and an accessway near Te Tii Marae after failing to convince them to leave, including by way of trespass notices.

In a judgement issued on June 21, High Court judge Justice Grant Powell gave the unnamed occupiers three working days from his order to leave, remove all possessions and structures on the land and gave vacant possession to FNDC.

The recreation reserve and accessway are situated between Te Kemara Ave and Te Karuwha Parade in Waitangi.

FNDC manager of compliance Rochelle Deane said on Monday that the mayor’s office has been briefed on the situation and would be working with Te Tii Marae on a tikanga-based approach which would be carried out following a hui with the local hapū and the occupiers.

Justice Powell said the occupiers have erected various structures and created pathways over both properties, and the ongoing occupation prevented the recreation reserve and the accessway from being used for their respective purposes.

Police have indicated to FNDC they would not support an eviction without a court order.

As FNDC served notices to the occupiers, who took no steps to comply, a court hearing took place without them.

FNDC in-house lawyer George Swanepoel summarised in court the history of the recreation reserve and accessway.

After the council’s formation in 1989, it acquired the reserve and accessway from the Bay of Islands County Council and currently manages both under the Reserves Act 1977.

Overall, Justice Powell said the evidence was clear that FNDC was the owner and manager of both the recreation reserve and the accessway. It was equally clear from the evidence the occupiers have no permission, consent or licence to be there and have ignored trespass notices served on them, he said.

Justice Powell said such occupation meant the public couldn’t utilise the recreation reserve in accordance with the Reserves Act 1997.