Legal307-24D: Imagine instead that the Te Teko B Block is untouched, undeveloped land significant to the whanau: Land Law, Assignment, UOW, NZ

Part B –

Kōrere Whānui Background

Imagine instead that the Te Teko B Block is untouched, undeveloped land significant to the whanau. On the land is the whānau urupā, a waterway with tuna (eels) and watercress that the whānau harvests from time to time. The land has no road access, and the intention is to apply to the Māori Land Court for an access order so they can build a road. The whānau usually walks into the block.

The block owners agree that Mr Herewini can place a transportable home on the land (in a specific area on the block). However, when the trustees of Ahu Whenua Trust visit, they discover it is not a transportable home that Mr Herewini has placed on the block. Instead, Mr Herewini has placed two very old second-hand transportable office pods onto the block – they appear to be sitting on brick towers. Furthermore, the office pods are not placed in the section of the block that was agreed. Mr Herewini eked out a dirt track with his old truck, destroying native bush when he pulled a trailer with the office pods. The office pods are very close to the waterway and the urupā.

Moreover, no water or electricity is connected to either pod. Along with no facilities, the Herewini whānau have an outdoor portable camping shower, but the water has to be transported from the river daily. Mr Herewini has constructed a pit latrine, resulting in an unpleasant odour caused by human waste. It appears to overflow when it rains. The visiting kaumatua is offended by the open sewer pit. The pods are one meter above the ground level; the only access is through a step ladder tied to the door of each office pod. There are piles of domestic rubbish outside and surrounding the office pods, and the Herewini whānau are cooking on a fire outside the office pods.

The trustees are deeply concerned because they did not agree to the old office pods. They are worried that the land will become contaminated. When challenged by the trustees, Mr Herewini argues that his whānau are entitled to live off the land as they feel fit. Anyway, the block owners agreed to it.