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Post by Kiwi Frontline on Dec 15, 2018 16:14:56 GMT 12
AUCKLAND IWI NGĀI TAI WINS SUPREME COURT CASE IN STOUSH OVER RANGITOTO, MOTUTAPU COMMERCIAL RIGHTSAn Auckland iwi has won a Supreme Court case giving it the right to re-apply for exclusive rights to conduct commercial operations on Rangitoto and Motutapu. Ngāi Tai ki Tāmaki Tribal Trust has claimed rangatiratanga, exclusive rights, to conduct commercial tours on the Rangitoto and Motutapu motu (islands) in the Hauraki Gulf for at least five years. The iwi lost challenges in both the High Court and Court of Appeal over the Department of Conservation's issuing of five-year tourism concessions to Fullers and the Motutapu Island Restoration Trust on Rangitoto and Motutapu Islands. While the islands are administered by DoC, Ngāi Tai has claims there based on historical breaches of the Treaty of Waitangi both as an iwi and as part of Ngā Mana Whenua o Tāmaki Makaurau. Ngāi Tai had argued in granting those concessions DoC did not properly give effect to section 4 of the Conservation Act, which relates to principles of the Treaty of Waitangi. Both the High Court and Court of Appeal agreed DoC had made errors, but believed it was still consistent with the Treaty. In a majority decision released today, the Supreme Court ruled in Ngāi Tai's favour. It said the concessions needed to be reconsidered in a manner that involved a "proper application of s4"...... www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12177073
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