Society challenges handover of 13 lakes

By RENEE KIRIONA

A Rotorua group has gone to the High Court to try to stop the Government from handing over the ownership of 13 lakes and a $10 million financial redress package to Te Arawa.

Yesterday's action comes as a last resort attempt by the Rotorua Lakes Protection Society, which for the past two years has lobbied against the iwi being given title to the lakebeds.

Last December the Minister of Treaty Negotiations, Margaret Wilson, offered Te Arawa a settlement of their Treaty of Waitangi claim over the lakes. That included giving them 14 Rotorua lakes, a $10 million package and an apology.

A Te Arawa Maori Trust Board spokeswoman said the board had agreed "in the past couple of months" to a Government amendment of 13 lakes - dropping Lake Ngapouri, also known as Opouri.

Protection society spokesman Mike McVicker said the public would be disadvantaged if the deal went through.

"Our fight is against the Crown, not Te Arawa, but the majority of the public here don't trust them [Te Arawa] despite their assurances that we [the public] will continue to have access to the lakes," he said.

"The $10 million the Government proposes to pay Te Arawa as part of the settlement would be better spent cleaning up the Rotorua lakes."

Te Arawa's claim stems from a Government decision in 1922 to pay it an annuity as compensation for the Crown taking customary rights over 14 lakes in the district. The tribe argued that the annuity was never indexed to inflation, creating several breaches of the treaty.

But Mr McVicker said those grievances were not valid. "It's our view that this had all been settled in 1922 and should not be changed."

The society, represented by Auckland law firm Schnauer and Co, would ask the court to rule that there was no legal reason for the Crown to give Te Arawa ownership.

But Margaret Wilson did not expect the proceedings to "delay the final outcome".

Although Te Arawa trust board refused to comment, the proceedings came as no surprise to its former chairman, Arapeta Tahana, who helped to negotiate the deal.

"I'm not surprised by what they are doing but I don't think its going to change anything," he said.

"The Crown and Te Arawa have a good understanding and our tribe believes in the rule of law."

Although the Rotorua District Council saw the offer as a matter between the Crown and Te Arawa, it supported the proposal.

Its chief executive, Peter Guerin, said the council welcomed the settlement legislation because it would ensure public access to the lakes and allow the local authority to help with the lakes' daily management.

Te Arawa have accepted the offer in principle but have yet to take it to their people to finalise.