December 17, 2018
Ngai Tai Rangitoto interests trump Fullers
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Ngāi Tai ki Tamaki could be a step closer to developing its tourism business on Rangitoto and Motutapu after the Supreme Court overturned concessions issued by the Department of Conservation.
The High Court had found errors of law had been made in justifying the granting of concessions to Motutapu Island Restoration Trust and Fullers Group, but declined to grant relief because it said the errors had not affected the outcome.
The Supreme Court said the DoC official relied on internal advice that mana whenua iwi did not have any preferential entitlement to concessions.
That advice was wrong, and the active protection principle of the Treaty of Waitangi means the official should also consider whether there would be an economic benefit to an iwi with mana whenua.
The court quashed the Motutapu Restoration Trust concession pending reconsideration, and said Fullers could continue offering trips but its concession should also be reconsidered.
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