Thursday 29 September 2005

Confiscation alert in Wellington

NEWS STORY, 'The Dominion': Hundreds of Wellington and Hutt Valley properties, including prestigious inner-city ones, have been listed as possible settlement options for one of New Zealand's biggest urban Treaty of Waitangi claims... The properties are all currently or were previously owned by the Crown and are subject to a part of the State Owned Enterprises Act 1986 that is known as a Section 27[B] memorial.

Once again today another blogger has both news and commentary that I couldn't really disagree with; Gman deservedly excoriates both the decision and the timing of its announcement: "Gee, they waited until after the election to let this get out didn't they?" You think? And as he says, how bloody treacherous that the National Party-- remember 'One Law for All' -- are singing 'Silent Night' on this one.

Chartwell homeowner John Williams was amazed, however, to hear his property was subject to a Treaty claim. "I don't understand where the claimants are coming from." He said he bought his section in 1982 and had lived there since 1991. He had no plans to sell. "I'm very happy here."

However, it does seem from the report that at least some of the present land-owners have a beef elsewhere than just the usual suspects. The 'Section 27B memorial' was added to Richard Prebble's 1986 'State Owned Enterprises Act' in 1988, at which point all new titles in the area should have included the rider that "in specified circumstances, the Crown may take back or “resume” a property to be used in settling a Treaty claim." If land-owners or their lawyers who arrived after 1988 didn't know about this, then they need to get themselves a better lawyer.

Those who bought before 1988 however, like Mr Williams above, have a beef at a culture and a Government that has neither respect nor understanding for private property rights.

1 comment:

Lewis Holden said...

It's a case of one injustice perpectuating another PC - the claims stem from the 1839 guarantee by the New Zealand Company to the Maori land owners of Port Nic (Wellington / Hutt Valley) that they would receive one tenth of the land within the divisions that company had made of land purchased for settlers (Hence the local Maori trust is named the 'Tenths Trust'). That was a condition of sale that was never met - a clear breach of contract. I realise the Libs are going to say that this is simply a case of the common law being run over roughshod by the state, but irrespective of whichever perspective you view the transactions from, the Waitangi process is the means by which Maori have to pursue their claims against the Crown.

That said, the whole 'Section 27' thing was a bit of a media beat-up by the Dom Post, I doubt that in such a political process the Government would start confiscating private properties to appease Maori, when it would seem that compensation is in order.