Dear Minister for Treaty of Waitangi Negotiations,

We act for Patuharakeke te Iwi Trust Board on behalf of Patuharakeke hapu. Patuharakeke are currently pursuing an urgent claim in the Waitangi Tribunal in relation to seven blocks of Ruakaka land owned by Mighty River Power (‘MRP’). This is a matter of urgency as our clients seek relief through the Waitangi Tribunal. MRP provided an undertaking to postpone the sale for the course of during High Court proceedings which has now expired. Our client has mana whenua over these lands which were listed for sale last year by Colliers International.

The seven blocks of land for sale are:

1. Lot 1 Deposited Plan 152653 (NA91A/787); (“Lot 1”)
2. Lot 2 Deposited Plan 465547 (NA620267); (“Lot 2”)
3. Lot 9 Deposited Plan 55607 (NA9D/35) and Part Section 51 and Section 52-53Block VII Ruakaka Survey District (NA31D/1069); (“Lot 3”)
4. Section 30-32, 37 Survey Office Plan (159504); (“Lot 4”)
5. Section 45 Block VII and Section 46 Block VII Ruakaka Survey District and Section 34-35 Survey Office Plan 322547 (159507), Section 21, 23-24 Survey Office Plan 322547 and Section 41 Block VII Ruakaka Survey District (247490), Section 8 Block VII Ruakaka Survey District (NA1034/280); (“Lot 5”)
6. Section 26 Survey Office Plan 322547 (159505); (“Lot 6”)
7. Part Section 39 Block VII Ruakaka Survey District and Section 28-29 Survey Office Plan 322547. (“Lot 7”)

Lots 1 and 2 have memorials on the title under section 27B of the State-Owned Enterprises Act 1986 (‘SOE Act’). All other properties with section 27B memorials on the title within the Patuharakeke tribal boundary are in private ownership. We say, the Crown, including MRP and the Office of Treaty Settlements (‘OTS’) have failed to land bank this land although being aware of the negligible amount of land available to Patuharakeke for settlement.

MRP have indicated to our clients that during discussions with OTS dating back to 2012 in relation to the potential land banking of the two blocks, OTS expressed that they were not interested. However, our client is now aware that OTS are conducting a due diligence process in consideration of land banking the blocks.

Lots 1 and 2 are located at the site that historically housed the Marsden A and B Power Station Sites. Due to such activity taking place on these sites the land is now contaminated, however our clients have not received any information in relation to this contamination.

Accordingly, our clients have asked us to make a formal request under the Official Information Act 1982 on their behalf seeking any and all information relating to the sale of the seven blocks listed above, in particular Lots 1 and 2 which are subject to the SOE Act.

Please do not hesitate to contact us should you have any queries and we look forward to receiving a response at your earliest convenience.

Noho ora mai
TAMATEKAPUA LAW

Kelly Dixon
Associate