People sit outside one of three properties subject to a court forfeiture order in Maketū on Thursday morning. Photo / Sandra Conchie
People sit outside one of three properties subject to a court forfeiture order in Maketū on Thursday morning. Photo / Sandra Conchie
A protest is brewing at Maketū, Bay of Plenty, to support the whānau of a gang boss ordered to leave three waterfront properties forfeited to the Crown.
The authority administering the forfeiture, however, said it has no action planned at the Maketū Rd properties.
The properties are the subject ofa years-long legal battle.
Nicholas, also known as “Pop”, fought to keep the properties, arguing it was inherited land and he had never been convicted of the criminal activities in the forfeiture order.
His appeals to the Court of Appeal, Māori Land Court and Māori Appellate Court failed to overturn the order.
His whānau refused to leave despite court orders, however, and the properties – totalling 2622sq m – failed to sell, despite years of effort.
Supporters this week called for an “occupation and peaceful protest” in posts widely shared on social media, saying the whānau had been served an eviction notice “to leave their own whenua”.
Another of the Maketū Rd properties subject to the forfeiture order. Photo / Sandra Conchie
One post said the protest action would start today with “no set end date”.
“This is injustice. This is discrimination. This is a direct attack on te iwi Māori!” it said.
“This whenua has been inherited through generations. The system repeatedly fails our people. The community will not stand by while whānau are stripped of their rights to live in peace.”
On Maketū Rd this morning, cars lined both sides of the street outside the three seized properties, which are decorated with flags.
Trespass notices are posted on the fences.
A handful of adults and children were sitting on armchairs and other seating outside one of the properties. The atmosphere was peaceful.
The most recent service on September 23 was “to ensure that all parties at the property had received the possession order”.
“The Official Assignee is seeking the occupants of the properties to voluntarily comply with the court order without the need for further orders from the court.”
The office would consider its other options “should the occupants not voluntarily comply”.
It said the Criminal Proceeds (Recovery) Act allowed the Crown to recover assets believed to be unlawfully acquired, even without a criminal conviction. The burden was on the asset-holder to prove they were legitimately obtained.
Recovered money from forfeited assets went into the Proceeds of Crime Fund, which can be drawn on for such services as reducing drug harm or disrupting organised crime.
Court documents revealed that of the $1.17m the couple was said to have obtained through crime, $914,445 was outstanding after the 2019 sale of another forfeited property – a Whakamārama forestry block Nicholas owned a half-share in.
The rateable value of the properties combined is $1.755m, according to the Western Bay of Plenty District Council rating database.
Sandra Conchie is a senior journalist at the Bay of Plenty Times and the Rotorua Daily Postwho has been a journalist for 25 years. She mainly covers police, court and other justice stories, as well as general news. She has been a Canon Media Awards regional/community reporter of the year.
