Station trespass charges rejected

A judge has dismissed trespass charges against two leaders of a Far North hapu whose members occupied the 2275ha Stony Creek Station for seven weeks late last year and early this year.

Judge David Wilson said he was not satisfied police had proper authority to evict the occupiers.

Ngati Aukiwa spokesman Tamati Roha and kaumatua Wilfred Petersen snr were arrested as an occupation of the station's shearers' quarters 10km south of Mangonui was ended peacefully by police on February 10.

The three senior police officers who went to the sheep and cattle farm were acting on a complaint from the Office of Treaty Settlements, which holds the former Landcorp property on behalf of the Crown for use in local Treaty of Waitangi land claim settlements.

But hapu members say native title to the land, which runs about 1500 head of cattle and 5000 sheep, was never legally extinguished and it was still in Ngati Aukiwa ownership.

In a reserved decision delivered in Kaitaia District Court yesterday, following a hearing of the case in July, Judge Wilson said he would have found police had proper authority to serve trespass notices if there had been adequate evidence of authority.

Certificates of title to the property established that it is held by the Queen for Crown land under the Land Act 1948. The defendants' belief that they had rights of occupancy under unextinguished aboriginal title was based on an incorrect view of the law.

Judge Wilson said the defendants had raised "the critical issue of authority" before the court hearing, not least by issuing their own trespass notices.

The prosecution had been put on notice of that challenge but chose to rely on hearsay evidence from a legal officer in a letter to establish authority from the Commissioner of Crown Lands.

The judge said he was not satisfied that police had the authority of the lawful occupier of the farm to require the defendants to leave it last February.

Outside the court, Mr Roha said the hapu would hold a hui before Christmas to decide what to do next.

Treaty Settlements Office spokesman Dean Cowie said negotiations had restarted with the Ngati Kahu ki Whangaroa Trust Board about historical land claims in the area, including Stony Creek.

Whether those talks involved representatives of the Ngati Aukiwa occupiers would depend on a reading of the court's judgment.