Outcomes of recent Whanarua Bay court case

Whanarua Beachfront Property Owners sought a judicial review of the council decision to transfer land as part of Treaty of Waitangi claim settlement between the iwi and the Minister of Treaty of Waitangi Settlements.

Background

Since the late 1970s, bach owners and members of the public have used a road through a recreational reserve to access properties and the beachfront at Whanarua Bay. The road was built and maintained by the property owners and the access was never formalised.

In June 2021, Council voted to transfer that parcel of land to Te Whānau ā Apanui following a Treaty of Waitangi claim settlement between the iwi and the Minister of Treaty of Waitangi Settlements. The explicit wording of that resolution made it clear that the land would transfer ownership once a joint management board (made up of equal members of the iwi and council) resolves current access issues. There was a timeframe of five years for this to be resolved.

The property owners sought a judicial review of this decision at a High Court hearing in August 2022. The judgment was delivered in October 2022, finding against the applicants with costs awarded to council. The judge found that the property owners had a fair and proper consideration of their point of view throughout the process and that transparent procedures had been followed.

Once the Treaty Settlement bill is passed into law, the new joint administrative body will begin its work to develop a Reserve Management Plan to resolve the access issues. There will be further opportunities through both the RMP process (on which there must be public consultation) and also through the Treaty Settlement select committee process for public feedback.