Crown ‘acted in good faith' over reserves

Press, 23 September 1988, Page 4

Crown ‘acted in good faith' over reserves

The Crown has acted at all times in good faith in dealing with the Mawhera Reserves, Crown counsel, Mrs Shonagh Kenderdines, told the Waitangi Tribunal at its hearing in Greymouth yesterday. “It can in no way be seen to be in breach of its duty under the Treaty of Waitangi as alleged by the witnesses of the claimants (Henare Rikihia Tau and the Ngai Tahu Trust Board). Mrs Kenderdine said that reserves at Greymouth and Ahaura were exempted from the original sale. “On the discovery of gold in the vicinity of Greymouth in the early 1860 s, the native reserve began to be utilised as the site of a town as a place of settlement. “At first, the Ngai Tahu owners entered into direct negotiations with Europeans wishing to lease land. A good deal of confusion resulted and, as a consequence of this, Alexander Mackay, the Commissioner of Native Reserves, was sent to regularise the situation.” The Greymouth

Reserve was subsequently placed under the provisions of the 1856 Native Reserves Act, with the consent of the owners, she said.

“It is probable that both parties saw little alternative as there were increasing signs that the lessees were becoming reluctant to remain in Greymouth if some added security of tenure was not provided. In other words, the continuing value of the land was protected by leases in perpetuity.”

Mrs Kenderdine said that the reserve was taken over by the Public Trustee in 1882. In 1920 administration of the reserve was vested in the Native Trustee. Between 1900 and 1920 the Crown had again resisted heavy pressure from leaseholders in the freeholding of the reserve.

It is the Crown’s submission that in dealing with the Mawhera reserves it acted entirely properly. It sought both to preserve the reserves for Ngai Tahu and to ensure the tribe with adequate returns.