Wahi tapu ruling threatens all property owners, says MP

The rights of every property owner are at risk following a decision by the Historic Places Trust to place a Maori covenant over 180ha of private land near Tauranga, says National MP Nick Smith.

The trust's Maori Heritage Council has approved an application by the Ngaiterangi sub-tribe of Ngapotiki and the Ngati Pukenga iwi for the site to be designated wahi tapu.

The registration means the council can require landowners to consult Maori before applying to local authorities for resource consent under the Resource Management Act (RMA) to develop their properties, or for building consent.

Dr Smith yesterday questioned Prime Minister and Arts, Culture and Heritage Minister Helen Clark in Parliament on the decision to register the land at Welcome Bay as wahi tapu.

He said four affected property owners had invested their life savings in the land but the wahi tapu restricted them from building or developing their land.

However, the iwi that had applied for the covenant could build, develop or log their land in the same area, he said.

Helen Clark said the Maori Heritage Council had statutory independence to make such decisions over wahi tapu.

The designation did not prevent development because local authorities were "not obliged" to follow Maori Heritage Council recommendations when considering applications for resource consent. Local authorities made decisions over granting consents.

The only statutory protection for wahi tapu was a listing by a district council under the RMA, she said.

Dr Smith said later that sacred wahi tapu sites were usually small areas but the Tauranga decision would "open the floodgates" for wahi tapu registration for any landscape of importance to Maori.

The four landowners had been robbed of the enjoyment of their land without consultation or any right of appeal, he said.

Of the 180ha, 100ha are owned by Maori, with 80ha in private ownership under four individual titles.

- NZPA