Supreme Court grants iwi appeal for exclusive rights of Hauraki Gulf islands

Wednesday, 9 May 2018

The Supreme Court has granted an iwi organisation the right to appeal, once again, for full monopoly over Rangitoto and Motutapu islands on Tuesday. 

Ngāi Tai ki Tāmaki Tribal Trust argues it should have rangatiratanga, exclusive rights, to conduct guided tours on the Hauraki Gulf islands for at least five years.

The trust said the iwi has deep historical and spiritual connections to these islands, their ancestral motu.

'It is important that issues relating to Treaty principles are properly and fully considered when placed before the courts,' Ngāi Tai ki Tāmaki Tribal Trust chairman James Brown said. 

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'This case gives rise to significant matters for our iwi, and for many others. We look forward to that opportunity.'

The trust took the matter to the High Court and then appealed that court's decision. But the appeal was dismissed on December 19, 2017.

Rangitoto and Motutapu islands are popular destinations for recreational, scenic and cultural purposes.

Currently, Fullers Group Ltd and the Motutapu Island Restoration Trust have been granted the right to conduct transport and tour services by the Minister of Conservation.

Fullers has been operating regular ferry services, of up to 300 passengers a time, to Rangitoto since 1988. It also offers a bundle tour-and-ferry package. 

It conducts passenger-only services to Motutapu. 

In the Court of Appeal, Judge John Fogarty acknowledged an error of law had been made when granting in favour of the respondents. 

However, those errors would not invalidate the decision because they gave effect to the Treaty of Waitangi. 

Therefore in the Judge's eyes, it was sufficient to decline the application. 

Now, the Supreme Court has approved the iwi organisation the right to appeal the Court of Appeals decision.

'The Supreme Court hasn't dealt with this issue of preferential entitlement for iwi, with regards to conservation decisions, in a meaningful way, since the Ngāi Tahu Whales Case,' Brown said.

'We think it is an appropriate time to look at this issue afresh and in the current climate where iwi are engaged in Treaty settlement negotiations with the Crown involving conservation land.'

Minister of Conservation Eugenie Sage chose not to comment while the case is ongoing.

Fullers Group Ltd also declined to comment.

A date is still to be set for the Supreme Court hearing.