Waitara is a quiet little seaside town, very changed from the days when Borthwick’s meatworks operated on the banks of the Waitara River and discharges heavily polluted the water, reefs, kaimoana and beaches. Today, the upgraded town centre boasts an attractive riverside promenade, boats sail in and out of the busy marina all day and local people enjoy the kind of relaxed lifestyle that would be the envy of any upmarket beachside town. People gather at the mouth of the river to fish and korero. People who were born in Waitara, went to school together, work, play sport and drink together - all part of the many generations who have raised families there. People who have shared good times and bad and have always been friends. There used to be no division by race; and nobody wants any. Why would there be? They are all Waitara people, and that happy geography has united them – until now. A divisive wedge has been driven right through the north Taranaki town.
It’s been called the new Waitara Land Wars. The flashpoint is the disputed Pekapeka Block, whose attempted purchase by the Crown was the catalyst for the Waikato Land Wars that plunged New Zealand into civil war during the 1860s. The land confiscations that followed have led on, 140 years later, to another land war. The casualties are the 780 leaseholders whose homes are built on 120ha of ‘Waitara Endowment Land’ that is to be given to Te Ati Awa as part of a Waitangi Tribunal settlement to compensate for the confiscation of land – an action that has cut to the very heart of Waitara. Lessees had long been assured they would be able to freehold the land and had planned accordingly. Everyone in Waitara is either affected directly by the shock action, or knows someone who is.
The disputed land is owned by the New Plymouth District Council, which decided in 2003 to sell the land to the Crown to return to the amalgamated tribes of Taranaki – Te Ati Awa. The 120 hectares known as the Waitara Endowment Land was given to the Waitara Harbour Board and the Waitara Borough Council by the Crown in a series of transactions between 1876 and 1915.
The land is called endowments, intended to raise revenue for the town. Under the terms of the Waitara Harbour Boards Trust, it is for the benefit of the people of Waitara and any proceeds from sales must be used for that purpose. While a group of determined leaseholders continues to pursue a prolonged court battle with the New Plymouth District Council, the issue has split the town.
There is fear, uncertainty and a widespread distrust of the council. High Court action by Waitara Leaseholders' Association resulted in an initial win for the leaseholders, stating that the council’s actions were unlawful and ‘a breach of trust’; followed by an overturning of this decision in the Court of Appeal and several successive unsuccessful court actions by the association. At present there is a further appeal before the High Court. To date, the council is winning and is well insured, but in terms of the deep community split and sense of betrayal felt by people in Waitara, the council may well turn out in the end to be the biggest loser.
Trust Betrayed
The aggrieved leaseholders have a good point. For many years, the local council had told them that they would be able to freehold the land their homes are built on. They had seen that happen to other properties – the disputed leasehold block is loosely peppered with freehold sections and the titles of some leasehold sections had been exchanged for freehold. The town’s major employer at the time, the freezing works, used to be on leasehold land – the council of the day freeholded that land. Other leasehold sections would be sold as freehold if there were outstanding lease and rates owing.
The mayor and councillors of the then North Taranaki District Council were certain Waitara land would eventually become completely freehold. Leaseholders received several letters notifying them of plans and progress made to enable them to freehold their sections. They even received a questionnaire to find out how many residents would like to take up that opportunity. A council sub-committee gave 100% support to the council freeholding the Waitara land. Trading banks had no problem lending to people to purchase leasehold properties, and for improvements. Those wary of buying into leasehold properties were assured by real estate agents and lawyers that they would be able to freehold in time. With no freehold land available as an option, purchasers of leasehold land trusted that advice – opinions honestly believed at the time. Everyone in the close knit community trusted the council.
On the northern side of the Waitara River there is a 63ha lease farm and a golf course. Around the mouth of the river is a large area of land with three historic pa sites, a motor camp and a seafront reserve. People ask why all this land is part of the disputed Pekapeka Block and none is included in the Treaty settlement package – while leasehold homes are.
Waitara leaseholders thought one clause in their agreements would never apply – the one stating that they could sell their properties any time they wished, but if they chose to terminate their lease agreement and leave their land, they could not take any improvements with them – that includes their houses. The clause is standard in lease agreements of this kind, but seemed irrelevant when leases were signed. In small town north Taranaki, people trusted each other. Waitara used to be that kind of town. That trust would come back later to haunt anxious leaseholders as the ground rules changed drastically and their homes lurched toward administration by new, private landowners, away from the protection of their local council.
People distrust the prospect of having private landowners as their new landlords. They especially distrust having iwi as landlords. These fears are based on a distressing local precedent on the Whiteley leasehold land in New Plymouth, where rents were raised after land was returned to Te Ati Awa through a Treaty settlement, the rent was raised and the original leaseholders were forced out. The new owners gave residents the option to buy at inflated prices, to lease at higher cost or to leave. As in Waitara, most leaseholders were retired or on low incomes. Those who couldn’t sell or pay the increased lease were forced to walk away, leaving their houses and other improvements in the ownership of Te Ati Awa. Te Ati Awa say they will be good landlords and there is no need for people to worry, but there is no guarantee the same won’t happen in Waitara.
People in Waitara are very much aware of precedents when leasehold land is returned to Maori. Some say: “You can’t blame them for wanting market rents,” but for those leaseholders who can’t afford sudden huge increases in lease rent, the picture is grim. One Waitara lessee says, “I will burn down my house before I let someone take it over!” Others threaten to bulldoze their homes to the ground. It’s bravado based on desperation. One man claims that his lease agreement says he can take his improvements off the land, “but if it didn’t I would still cart my house away if I was forced off.” He does not seem to realise that, according to New Plymouth District Council, there is only one basic lease agreement. The clause that all improvements on the land belong to the landlord if the lessee does not sell, but walks away, affects all leaseholders equally. Nobody is safe. The dispute affects Maori families as well. All will be at the mercy of new landowners.
New Plymouth District Council says that existing lease terms will continue to apply under the Crown and Te Ati