Two major Auckland iwi are pushing forward with legal action against the Crown over the sale of public land for housing.
Housing Minister Nick Smith at a housing development in Three Kings in Auckland. Photo: RNZ / Kim Baker Wilson
Ngati Whatua and Waikato-Tainui confirmed this afternoon that they would be asking the High Court to clarify whether they should have been offered the land for purchase first.
Both iwi announced this morning that they wanted a clarification from the court, and invited the Government to make a joint application to the courts for a declaration.
The Prime Minister said this afternoon that the Government was quite within its rights to do what it wanted to do, which was release more land for housing.
The iwi said those comments were disappointing, and risked delaying Auckland getting the homes it needed because of the court process.
They have instructed their lawyers to file documents in the High Court this week.
Ngāti Whātua spokesperson Ngarimu Blair said, under treaty settlements made in 1995 for Waikato-Tainui and 2014 for Ngāti Whātua, the iwi have the right of first refusal when the government plans to privatise land.
"We are confident our reading of the settlement acts is correct - and it is important that this disagreement should not be allowed to jeopardise the speedy roll-out of the new housing strategy," he said.
"Both we and the Crown have learned, from our differences of opinion over the interpretation of the Treaty of Waitangi in the 19th and 20th centuries, that it is much better to resolve differences of opinion early as we look forward to the 21st and 22nd centuries."
Labour housing spokesperson Phil Twyford - pictured in May 2015 Photo: RNZ / Alexander Robertson
Housing Minister Nick Smith said the normal process was for the government agency wanting to sell the land to first offer it to other agencies, then to the previous owners. He said, after that, the right of first refusal came in.
Dr Smith was adamant the Government was not trying to get around the right of first refusal.
"No, it's not. Just like for the offer-back provision to the previous owner - it's always been clearly understood that the right of first refusal applies after those first two steps: offering it to other government agencies and offering it to the previous owner."
Govt's housing plans 'complete fiasco' - Labour
Labour's Phil Twyford said the legal action was just the latest in a string of problems with the development proposals.
He said first the Government promised 500 hectares, then 10 days later could only point to 30 hectares.
"Now it looks as if the whole thing is just going to get mired in legal action. It is a complete fiasco."
Mr Twyford said the Government was not upholding the spirit of good-faith negotiations with Maori.
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Green Party co-leader Metiria Turei said the Government was cheating Auckland iwi by not giving them first right of refusal on the land and had botched the process.
"The iwi here are legitimately questioning [the] Government's commitment to Treaty settlements, and their interpretation of the law," she said.
"The Treaty settlements have been lauded by this Government as one of their great successes but if they don't honour them when it comes to the crunch, then what's the point?"
But Prime Minister John Key said the Government was very sure of its legal position regarding the land.
"[We are] quite entitled to use existing government land for a stated government purpose, which in this case is the provision of housing.
"We've done this before, it's not new, so we did this in Christchurch for instance, where Ngai Tahu had first right of refusal and carried on down this path."