‘Theft’ of island settled amicably

Press, 14 March 1978, Page 3

‘Theft’ of island settled amicably

PA Wanganui The alleged theft of an island in the Tongariro River ended with an amicable out-of-court settlement in Wanganui yesterday. Okengaroa Matana and Tuatea Te Rewha Smallman, on behalf of themselves and the other 11 owners of the island, near Turangi. had claimed $525,000 for metal removed from the island and $250,000 damages for trespass and loss of land. They alleged that Downer and Company, Ltd. and the Ministry of Works and Development had taken 300,000 yards of metal from the island to use in the Tongariro power project between 1971 and 1973 However, after two hours of discussions, counsel for the plaintiffs (Mr K. Ryan. I of Auckland) said the Crown had produced evidence that it had acted properly and had onlv taken 58,000 yards of metal. Acting under the Public Works Act, the Ministry had properly given notice through the Maori Affairs Department. However, the department had allegedly sent notices to only three persons — who were all deceased — and had allegedly failed to notify the living owners.

After the taking of metal only three acres of the original seven which comprised the island were left. Mt Ryan said his clients had been under the impression that the entire island had been taken. In the out-of-court settlement, the defendants, through counsel (Mr K. F. Latham) agreed to pay $6500 for the metal taken and a further $lOOO in costs and disbursements. And who owns the island now? Neither the plaintiffs nor the defendants. What remained after the metal was taken was obtained in 1973 by the Central Waikato Valley Authority, under the Public Works Act, for the purposes of river protection.