Legal307-24D: Te Teko B Block is freehold Māori land comprising 2.5946 hectares. There are less than 100 permanent residents in the area: Land Law, Assignment, UOW, NZ

Part One-

He Korero Timatanga Introduction

Te Teko B Block is freehold Māori land comprising 2.5946 hectares. There are less than 100 permanent residents in the area, though it is not unusual for the population to swell 10-fold during the summer holiday. It has 25 owners who hold shares in the land. Nine [9] of the owners are deceased. The land is held under an ahu whenua trust. Under s328 of Te Ture Whenua Māori Act 1993 (‘the Act'), Ruben Moses Herewini is one of the block's owners. Mr Herewini seeks an occupation order for 1240m2 from the Māori Land Court for the purposes of building a transportable home.

Kōrere Whānui Background

The total number of shares in the block is 989.00000, with Mr Herewini owning 48.33319 shares (4.89% of the total shares). This amount includes 4.83332 shares held by Mr Herewini and an additional 43.49987 shares given to Mr Herewini by his aunt, Riria Wetini.

One owner currently farms the land block, which also contains the whānau urupā. However, Mr Herewini has placed a caravan on the land and has lived in it from time to time.

The occupation order is roughly equivalent to Mr Herewini’s share of the land block (1240m2 ). The order is sought for himself, his partner (Kate Smith) and Kate’s grandson (Joesph). Both Kate and Joesph are not shareholders in the land. Mr Herewini is seeking occupation for his lifetime.

However, five [5] of the owners of the 25 owners support the application (which is 20% of the shares); however, five [5] owners oppose the application (who hold 24.57% of the shares). Those opposed to the application are worried that an occupation order will impact the income from farming and could potentially impact the future expansion of the urupā.

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.