DECISION. Place: Present: Gisbcrne Judge C.L. Wickliffe K.W. Lardelli, Clerk cf the Ccurt 25 March Date: Application No:- A

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1 Minute Book: 157 GIS 253 Place: Present: Date: Gisbcrne Judge C.L. Wickliffe K.W. Lardelli, Clerk cf the Ccurt 25 March 2004 Application No:- A Subject: Nuhiti M10 Sections: 151/93 Counsel Mr Martin. Burnard Bull & Co. DECISION Nuhiti M10 is a blcck cf Macri land 85 km ncrtheast cf Gisbcrne and situated apprcximately 7km frcm Anaura Bay. The nearest tcwnship is Tclaga Bay scme 26km away. This blcck criginated frcm Nuhiti M3, which was partiticned into. M4 to. M16 at 140 GIS cn 16 Octcber 1996 fcr the benefit of whanau members. Each partiticn crder fcr Nuhiti M3 was ccmpleted as a hapu partiticn subject to. the restricticns impcsed under secticn 304/93. Ancther applicaticn is befcre the Ccurt - ccncerning the sale cf Nuhiti M4. All these Nuhiti blocks with the excepticn cf M11 (ncw General land) remain Macri freehcld land with cne blcck - Nuhiti M16 - set aside as a Macri Reservaticn. Nuhiti M12 has' been scld to a perscn cutside the preferred classes. (See 154 GIS ) Application On the 8 th December the Macri Land Ccurt received an applicaticn frcm the scle cwner of Nuhiti M10. Mr Paumea Julius Charles Ferris cf Gisbcrne. It is an applicaticn fcr confirmaticn cf the alienaticn cf the blcck by way cf sale to. the "Mathew Skuse Family Trust. Mr Skuse.cr the Family Trust are nct cf the preferred class ef alienees. The' applicaticn was suppcrted by an Agreement fcr sale and purchase which indicates that it is cenditicnal upen the Vender cbtaining ccnfirmatien to. the alienatien frcm the Macri Land Ccurt. Settlement date is 31 st March The purchase price is $200, Notice to Preferred Classes As required by the Maeri Land Ccurt Rules 1994 r 112, nctice cf the applicatien was published in the Gisbcrne Herald cn 26 th December 2003 and 2 nd January These two. advertisements were advertised not less than 7 days apart. No. ccunter cffer fer the purchase ef the land frcm any member cf the preferred classes has been received.

2 Minute Book: 157 GIS 254 Special Valuation As required by the Maori Land Court Rules 1994 r 111, a special valuation prepared by E I Clissold a registered Valuer, has been filed with the application. After considering all scenic, geographical and amenity values, that valuation records the following: Valuation Summary: Current Market Value as at Value of Improvements Land Value Capital Value $1,000 $175,000 $ Notes: 1. The Current Market Valuation has been determined on the basis that the property has restrictions for selling as defined in the Te Ture whenua Act The Current Market Valuation is inclusive of GST (if any). 3. The Government Valuation as at is: Capital Value $82,500 Land Value $82,000 Valuation Details Value of Improvements: Fencing only. (Good quality wood posts and battens and 7 wires) ROW 60m Road 62m Half boundary 45m 167m $1,000 Land Value: This is a practically flat sandy,loam section of 4470m2. The Rural Coastal Environment zoning allows subdivision down to 1000m2. However the shape of the section with a taper to the rear boundary allows easy subdivision into wo front sections and one rear section. $175,000 Capital Value: $176,000 In my view the purchase price offered satisfies the requirements of sections 152(1)(d)/93 and 158/93 and I find that it is adequate consideration for this block based on the valuations and sales of surrounding blocks.

3 Minute Book: 157 GIS 255 Notices of Intention to Appear The Maori Land Court did receive notices of intention to appear on the application from two people on 29 January These people were:. 1. Dein Mataara Ferris, sole owner of Nuhiti M19. He asked that prior to the Court confirming the sale of Nuhiti M4 and Nuhiti M10 outside of the hapu that the following concerns be considered: + The effect of the sale on the remaining whanau; + Increased value of properties. Rate increases make it harder for whanau to retain. their heritage or purchase any land back; + Further subdivision by non-hapu could lead to hapu being forced off their l~md through Local Body and the Resource Management Act requirements.. Eg roading and the requirements a larger subdivision would need; + M16 Reservation. The impact that would be made on this reserve which has been set aside for the uri of Charles WilHam Ferris and Keita Te Rapu. Those coming from outside the hapu have little or no knowledge of the historical and cultural values of this area; + Yet to be discussed by the Nuhiti Q Management Committee are the possible effects on its farming operations. 2. Fleur Roa Marelle Chambers, sole owner of Nuhiti M20. She claimed in her notice of intention to appear that: Maori Land Court Hearing "... once sold, Nuhiti M4 is large enough for partition as non-hapu land. To do so we understand that compliance with section 145 partition order (1) rule 144(3) and section 301, compliance with provisions of Resource Management Act 1991 relating to sub-divisions. As Council has yet to confirm what those requirements would be regarding roading etc we would ask that section 295(1)[/93] be imposed in that all or any charges relating to non-hapu sub-divisions, not [a]ffect already partitioned owners who are members of the same hapu." This matter came before the Court on 2 February At that hearing both Mr Dein Ferris 'and Mrs Chambers were in Court. They. reiterated their concerns as outlined above. Mr Martin for the applicant, essentially submitted that all requirements under Part VI 1.1 had been addressed and satisfied. Furthermore, since section 295/93 could only be applied at the time the partition application was before the Maori Land Court, it could not be relevant to these proceedings. Relevant Law There is no dispute that all the requirements under Part VIII of Te Ture Whenua Maori Act 1993 have been complied with. No counter offer to purchase this block has been received from the preferred classes. The only issue that remains to be determined relates to the effect of section 304/93 and whether this Court can impose conditions on any confirmation granted under section Part V11II93.. Section 304 of Te Ture Whenua Maori Act 1993 provides as follows: 304 Power to impose restrictions in respect of other partitions (1) This section applies to every partition by the Court of Maori freehold land where the partition is into parcels to be held by owners who are members of the same hapu.

4 Minute Book: 157 GIS 256 (2). The Court shall, in respect of every partition to which this section applies, impose a restriction that the land shall not be [sold] under this Act otherwise than in. accordance with this section. [(3) If an application is made to the Court to 'confirm a sale of Maori land to which this section applies, to persons who are not members of the same hapu, the Court- (a) may, if it considers it appropriate; publicly notify the application and invite submissions 'rom the territorial authority and any other person who is likely to be affected by the application; and (b) may confirm or refuse to confirm the sale under section 152, having regard to sections 229 to 237H of the Resource Management Act 1991 and the fact that the land has previously been partitioned without a subdivision consent being obtained under that Act. (italics added). (4) If an application involves the sale of land to persons who are not members of the same hapu, and the Court decides under subsection (3) that land is required to be. set apart. reserved, or vested in another person, the Court must set that land apart as a Maori reservation. for the common use and benefit of the people of New Zealand, despite anything in the Resource Management Act (S) (a) (b) Land to which subsection (4) applies must be treated-.as if itwere land set apart under section 338(1) and section 340(1); and as if the procedural requirements of those subsections had been satisfied. (6) If the Court confirms the sale of land to persons who are not members of the same hapu,- (a) the Court must not impose any condition requiring a contribution of land for reserve purposes or in lieu of reserves from land that is of special historical significance or spiritual or emotional association with the Maori people or any group or section of the Maori people, which includes all land that is a wahi tapu; and (b) Any condition imposed by the Court requiring a contribution of land for reserve purposes or in lieu of reserves may only require any such land to be set aside from that part of the land that is to be sold.] I have had particular regard to section 304(3)/93 and the requirements therein imposed on the Maori Land Court. 1 have also had regard to the provisions of the Resource Management Act 1991 as therein detailed and I do not believe that there is any need to require a contribution of reserves or strips in accordance with those provisions. Finally, while I am mindful of the concerns raised by Mr Dein Fe'riis and Mrs Chambers, I have no authority to give any guarantees regarding the rating of Maori land or the actions that mayor may not be taken by the Gisborne District Council relating to roading at some stage in the future. What can be said, is that the applicant has complied in all respects with the provisions of Te Ture Whenua Maori Act 1993 and this Court has no jurisdiction to impose any further requirements on him. I accept Mr Martinis submissions that Section 295/93 can not apply to applications of this type.

5 Minute Book: 157 GIS 257 Order For the aforementioned reasons, there will be an order under section 155/93 in accordance with the application. That order is to issue forthwith pursuant to the Maori Land Court Rules r 66.. ~ JUDGE