Ngaati Wairere have filed a Treaty of Waitangi claim over a proposed housing project in Hamilton, saying they were never consulted despite strong historical ties to the site.
The site is currently the Sonning car park, which is owned by Hamilton City Council and is being considered for development.
But it is built on top of Opoia Paa whose rangatira, Poukawa, signed the Treaty of Waitangi.
Ngaati Wairere historian Wiremu Puke said the iwi only found out about the lack of consultation after an Official Information Act request was made about the proposal.
"There was no evidence of any consultation with Ngāti Wairere or Waikato-Tainui as well. We feel that's a breach of our Treaty rights, particularly given the significance of the Paa site," Puke said.
Ngaati Wairere would like to see a green space or a memorial honoring the connection between the Paa and the Treaty built on the site instead, he said.
It could also be an opportunity to to reconstruct the palisades of the Paa, especially since many Paa sites in the area are heavily modified, he said.
In a statement, Hamilton City Council strategic property manager Nicolas Wells said any development was still some time away, with planning only in its initial stages.
"There's a huge amount of work still to be done to ensure we understand any proposal and if it is to go ahead, then we will look to engage and consult with all the necessary parties," Wells said.
"We're still very early on in this process we are nowhere near this stage.
"We understand a treaty claim may be registered and if so, we will consider the implications of this and the best way forward."
Still, Puke said consultation should involve mana whenua from the earliest stages, and he encouraged other iwi to not let historic sites slip through their fingers.
"To be vigilant about these developments that are happening, particularly on top of Urupaa and Paa sites that are in private hands as a result of land confiscation.
"That we have our rights that are protected under legislation, that we do have a right to be consulted about these places and developers can't just roughshod over us."
The claim will become part of an existing claim that is already underway for Ngaati Wairere.
*Editor's note: This story about a Waikato iwi has used double vowels instead of tohutō (macrons) in line with the style used by Waikato-Tainui.