'First of its kind' council policy gives mana whenua first right of refusal on land sales

Tuesday, 5 October 2021

Tauranga City Council has announced what it describes as a “first policy of its kind” that will see a right of first refusal granted to mana whenua for any future council land sales.

On Tuesday the council adopted the Property Acquisition and Disposals Policy 2021, which means mana whenua get the first chance to buy any land council is getting rid of, at its assessed market value.

“It’s the first policy of its kind in Aotearoa New Zealand, and worth celebrating.” said Tauranga City Council Commission chair Anne Tolley.

“It’s another positive step in the right direction towards recognising the significant role that mana whenua have in building, protecting and celebrating Tauranga, its environment and its people.”

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And a group which represents hapū and iwi in the Tauranga City area says it has been calling for a policy like this for several years.

Tolley said the new policy was created following the review of three existing policies and will make it easier for people to understand why a property is being bought or sold, and easier for council staff to apply a single consistent process.

“This review also gave us the opportunity to look at the principles behind the policy, including how we can recognise the historical and cultural connection that mana whenua have with the land here in Tauranga Moana,” Tolley said.

“The policy now gives mana whenua the opportunity to purchase council property through a right of first refusal at market value, which is assessed by independent registered valuers, before it is offered for sale through an open market process”, she said.

The right of first refusal (RFR) will apply to the sale of surplus property, which the Council has decided is no longer required for strategic or operational purposes, and therefore is suitable for disposal.

It does not apply to atypical properties such as properties that are harder to value. Not all properties will fit these criteria and the RFR can only happen after any statutory obligations are met.

Tolley said the policy would enable council to achieve a market-based return for ratepayers, while also “giving mana whenua the opportunity to participate fully in the process and regain ownership of historic whenua”.

The policy is welcomed by Te Rangapū Mana Whenua o Tauranga Moana Partnership, which represents hapū and iwi in the area.

Chair Matire​ Duncan said it was something the group had pushed for over the past five to six years.

“Tangata whenua wanted to participate in any surplus land,” she said.

“We were pretty happy with it. We wanted to ensure the wording included engagement with tangata whenua.”

This is a policy that could be replicated by other councils across the country, Duncan said.