‘Indigenous feeling’

Press, 9 December 1988, Page 9

‘Indigenous feeling’

If any group of New Zealanders could claim to be the “indigenous people” of pastoral lease land that title may lie with the lessees, the Waitangi Tribunal was told yesterday. “My people, regardless of race or creed, including members of the Ngai Tahu tribe consider themselves to have an indigenous feeling of the High Country,” said the chairman of the High Country Committee of Federated Farmers, Mr Hamish Ensor.

“The lessees themselves are the only people in the history of New Zealand to have actually settled on and worked the land in question.” In many cases the occupation of the land by lessees extended to four or five generations. “High Country people would be offended and mystified if the Crown’s interest in pastoral lease should pass them by in favour of another group of New Zealanders who have not shared the day-to-day custodial responsibilities and protection on that land.” It would be inappropriate for the Crown to change in any manner the land title in favour of the tribe.

It had been argued outside the tribunal that the Crown’s interest in pasto-

ral lands regarding the tribe would not compromise the position of lessees.

"Lessees do not support that view.”

Any tribunal recommendation regarding financial, land, or a combination in compensation should ensure that the lessees’ rights remained the same, Mr Ensor said. Counsel for the tribe, Mr Paul Temm, Q.C., asked Mr Ensor which contractual obligations could not be managed by Ngai Tahu if the obligations were transferred “Factors of administration and wider obligations,” said Mr Ensor. Mr Temm: “In running that type of country is it not necessary to have expertise, guidance and experience. They could get that couldn’t they?” Mr Ensor: “They could buy that.”

Mr Temm: “What other contractual obligations?”

Mr Ensor said the cost generated by revenue was exceeded in the cost of administration. “It would seem strange that the Crown’s responsibility should pass to the tribe.”

Mr Temm suggested that the cost structure could be adjusted. Mr Ensor: “It’s a question of who pays the price.”

Mr Temm: “It wouldn’t be Ngai Tahu anyway.”