8. Hon Dr NICK SMITH (National—Nelson) Link to this
to the Minister for Land Information
Does Land Information New Zealand stand by its evidence to the Local Government and Environment Committee that its Chief Surveyors concluded that the estuary at Wakapuaka was not included in the title to the adjoining block, and that the Māori Land Court vesting order could not be registered under the Land Transfer Act 1952?
Hon PETE HODGSONHon Dr Nick Smith Link to this
Is the Minister aware that two fishers were yesterday issued with trespass notices by police on the Wakapuaka Estuary; has Land Information New Zealand advised police of the fact that iwi do not have title to this foreshore area?
Yes, I was aware. Whether Land Information New Zealand has advised the police of that, I do not know. But I can say that if the police were to ask Land Information New Zealand whether that land had title, the answer would be definitely that it does not.
Hon Dr Nick Smith Link to this
How can the Government claim that its foreshore and seabed legislation has provided certainty about the ownership of the foreshore when he, as Minister, says that that area is not owned by iwi, yet the police are issuing trespass notices for it on the grounds that iwi do own it?
The member will be aware that this issue significantly predates issues around the foreshore and seabed. Land Information New Zealand does not offer advice to me on whether a court order, in the absence of a title, invokes the Trespass Act. My guess is that the place to secure that opinion would be in a court.
Hon Dr Nick Smith Link to this
Does the Minister recall the statement by the Prime Minister that it was irresponsible and ridiculous for members of the Opposition to suggest that any person might ever be issued with trespass notices for the foreshore, given that we now have exactly that situation occurring in Nelson, despite the Minister saying that his department does not accept that iwi own the area?
The Crown is joined in a forthcoming court case, which I hope will recommence in March 2006, to try to resolve the issue once and for all.
Gerry BrownleeThe issue has nothing whatever to do with the legislation that the interjecting member has anything to say about. It predates it by many years, and in fact the first appeal by the Crown was lodged by the then Minister of Conservation, the Hon Dr Nick Smith, in the late 1990s.
Hon Dr Nick Smith Link to this
How can the public, when they go to the beaches and the estuaries this summer to enjoy their holidays, have any confidence in Land online’s information about areas that are publicly owned, which they are entitled to go to, when just yesterday two of my constituents were issued with trespass notices for an area that the Minister’s own department says is publicly owned?
I say again to the member that Land Information New Zealand does not offer advice on whether a court order, in the absence of a title, invokes the Trespass Act. I am not sure whether another piece of land of this nature exists in New Zealand. My best guess is that the way to resolve that issue would be in a court.
Hon Dr Nick Smith Link to this
I seek leave of the House to table the title for the Wakapuaka Estuary, where police yesterday issued trespass notices to people, and also the report of Land Information New Zealand, which states that the land is not owned by iwi.