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Home / Kahu

Tauranga land return: Legal process to transfer Te Manawataki O Te Papa land back to mana whenua complete

Alisha Evans
By Alisha Evans
Local Democracy Reporter - Bay of Plenty·Bay of Plenty Times·
4 Jun, 2024 09:23 PM4 mins to read

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An artist's impression of a proposed hotel and conference centre in Tauranga's CBD, as part of the Te Manawataki o Te Papa project. Image / supplied

An artist's impression of a proposed hotel and conference centre in Tauranga's CBD, as part of the Te Manawataki o Te Papa project. Image / supplied

Returning land in central Tauranga to mana whenua has resolved a long-standing grievance.

The legal process to transfer the land, that the $306m civic precinct Te Manawataki O Te Papa is being built on, to a joint trust is complete.

The initial signing of the deed to return the land, known as site A, back to mana whenua happened two years ago. Former Prime Minister Jacinda Ardern witnessed the “incredibly important occasion”.

It formalised the agreement between Tauranga City Council and the Otamataha Trust, which represents mana whenua from Ngāi Tamarāwaho and Ngāti Tapu hapū, to jointly own the land through the Te Manawataki o Te Papa Charitable Trust.

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Ngāi Tamarāwaho representative Buddy Mikaere said completing the final legal step marked the proper resolution of a longstanding grievance and signalled the beginning of a new and exciting relationship with the council.

Construction has begun on the $306m civic precinct. Photo / John Borren
Construction has begun on the $306m civic precinct. Photo / John Borren

“The terms of that original trust were inherited by the council when it took ownership of the land. The return of the land is seen as a fair discharge of the council’s responsibilities under the terms of the original deed,” he said in a statement.

Prior to the agreement, ownership of the land was a source of contention.

In 1838, mana whenua entrusted 1333 acres of land to the Church Missionary Society (CMS) to safeguard Māori interests and support the church and community.

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It was to be held in a trust and not to be sold for profitable purposes.

An of overview of Site A of the civic precinct Te Manawataki O Te Papa. Image/ Tauranga City Council
An of overview of Site A of the civic precinct Te Manawataki O Te Papa. Image/ Tauranga City Council

After the Battle of Gate Pā in 1864, and the land confiscations that followed, the CMS gave 80 per cent of the trust land to the Crown.

Mana whenua objected and argued if it wasn’t to be used for its original purpose, the land should be given back.

The site became Tauranga council land and in 1995 it was formally transferred to the council for municipal buildings.

In 1988 the late Peri Kohu, an Ngāi Tamarāwaho kaumātua, was one of five activists who barricaded themselves inside the library area of the old town hall. Police sent in dogs which resulted in a violent altercation involving petrol, paint and fire.

Kohu spent 22 months in jail for his actions.

The occupation was caused by frustration at the local council, as it considered demolishing the old Town Hall to build a new civic building.

It was felt if the building were to be demolished the land should be returned to mana whenua.

Kohu, who was also an Otamataha Trust chairperson, worked with the council on the joint ownership agreement. He publicly apologised for his involvement in the occupation in July 2022 before his death in August that year.

The alienation from the land experienced by mana whenua was recognised by the Waitangi Tribunal as breaching Te Tiriti o Waitangi and its principles.

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Buddy Mikaere.
Buddy Mikaere.

It found that the terms of the original trust should have been observed by the Crown.

The council’s strategic Māori engagement manager, Carlo Ellis, said this was the first time there had been an effective change in control of the land since 1886.

“I’m incredibly proud of the work we have done with mana whenua to make this happen.”

The land, valued at $17 million, was transferred to Te Manawataki o Te Papa Charitable Trust for a “nominal price” of $1. It will be leased in perpetuity back to the council for a “peppercorn lease” of $1 a year.

The council will own the civic precinct buildings, including a library and community hub, civic whare, and a museum and exhibition centre.

Council city development and partnerships general manager Gareth Wallis said the civic whare would be a new type of town hall that “exudes Māori culture and acts as a bridge between all communities”.

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Construction of the library is expected to be complete in 2026 and the museum is due to open in 2028.

- LDR is local body journalism co-funded by RNZ and NZ On Air.

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