Maori Rights In Lake Prevent Drainage

Northern Advocate, 6 January 1947, Page 4

Maori Rights In Lake Prevent Drainage

Eecausc the lake bed is Maori property, the Government cannot consider tile lowering of the level of Lake Orr.apcre. near Kaikohe, for the purpose of draining a rich area of farm lands, said the Minister of Lands (Mr Skinnerf in a statement. On the eastern side of the lake is a large soldier settlement, the Remuera Estate, which was settled on after the Great War by returned soldiers and recently some of these farms have passed to returned men from the last war.

In recent years the lake level has been gradually rising and the waters have encroached on the farm lands, thus reducing the production of the farms concerned. The owners of these farms asked Mr Skinner, through the member for the district. Mr S. W. Smith, to consent to the deepening of the lake outlet so that the lands affected would be free from water. The Minister’s reply lo Mr Smith slated that, because of the lake bed belonging to the Maoris, the outlet level could not be altered, as the lake bed belongs to the Ngapuhi tribe and. to deepen the outlet, would lower the water level and so reduce the lake bed area. OWNERSHIP OF BED

Some years ago the Maoris claimed the ownership of the Lake Omapere bed, the claim being rc-l'uted by the Crown, but being allowed by Mr F. G. V. Acheson, judge of the Native Land Court.

Mr Acheson’s decision caused much comment, as it meant that the Maoris could claim the beds of all lakes such as Taupo. or rivers such as the Waikato, and the present Government has apparently accepted lhat decision. The west outlet of the lake falls steeply to the Utukura Valley and the Bay of Islands Power Board has repeatedly sought Government authority to harness it for electric-power without success.

The Government’s refusal may be attributable to the lact that a hydroelectric scheme would interfere with the lake level, thus trespassing on the Maoris’ rights.

The Crown lias always recognised the fishing rights of the sub-tribes of the Ngapuhis in Lake Omapere and special provision was made for them when the Remuera Estate was taken over for returned soldiers. The outlet of the lake was lowered to drain the area of rich swamp land that bordered it. and consideration had to be given to the eel-fishing rights of three Maori sub-tribes, and so three outlets were built for some distance until the merged into one. FURTHER FLOODING

When building the Kaikohe-Oknihau railway, the engineers desired to fill in two outlets and so save bridging. This was not permitted and the line was deviated so that it crossed after the three outlets had merged into one. Because of silting, the level of the lake has risen to almost what it was before the outlets were deepened about 25 years ago.

It is probable that the lake level will continue to rise and flood further farm lands while the Government's recognition of the Maori claims may lead to further difficulties for the exservicemen who farm the Omapere shores.