Kaumātua and former councillor Peter Moeahu says part of Hickford Park was wrongly taken from Puketapu hapū and should be returned by New Plymouth District Council.
The disused oxidation ponds, which Mangati E block was taken for, are now a habitat for waterfowl. Photo: LDR / Craig Ashworth
NPDC predecessor the Taranaki County Council took the Bell Block land, known as the Mangati E Māori Reserve, in 1968 under the Public Works Act.
Moeahu told the council's Te Huinga Taumatua committee the block was taken for a sewage works - the now disused oxidation ponds. But only part of it was needed and in 1978 a secondary use, for recreation, was authorised under the act.
The 33 hectares do not include Hickford Park's sports field or cycle park but extend from the sections on Parkvue Drive north to the coast, bounded by Mangati Stream and crossed by the Coastal Walkway.
Apart from the ponds and walkway it is used for grazing and includes coastal sand dunes.
Moeahu said the public had enjoyed free use of the Mangati reserve for more than 50 years, including 30 years under the NPDC since it was formed.
"Now that you know these facts and this history about our stolen land you are complicit in perpetuating a grievous injustice against your constituents and citizens of this nation.
"It's time to return this land ... and negotiate a long-term lease between Puketapu hapū and the council for continued public access and enjoyment."
When the land was taken in 1968, an objector said people were buried on the land in unknown locations. Photo: LDR / Craig Ashworth
The Public Works Act demands that land no longer needed for the purpose it was taken be offered for sale back to the former owner.
It can be offered at less than market price if the local authority considers that reasonable.
The Waitangi Tribunal in 1995 could find no information about any compensation when the land was taken, nor whether the owners were satisfied with any compensation received.
Moeahu's challenge came as the council grapples with slivers of public land, often road reserves, being sold for things like driveways or residential fencing.
Such land sales are repeatedly approved, despite hapū objections that the land was wrongly confiscated by the Crown and that privatisation is a further alienation.
Te Huinga Taumatua last month asked council officers to organise a hui to look into the land sales as a whole, rather than piece by piece.
Kaumātua Peter Moeahu says the coast of Mangati E block is still important for fishing and kaimoana gathering. Photo: LDR / Craig Ashworth
But some committee members said Mangati E might need a different approach.
Ngāti Maru representative Tamzyn Pue told the committee Moeahu had clearly shown what could be done under the Public Works Act, and did not want Moeahu to leave without reassurance that action would be taken.
"I see it as a beautiful opportunity for you, e te kaunihera o Ngāmotu, kia whakatika i enei o ngā hara, i enei o ngā hē.
"Kua riro whenua atu, whakahokia whenua mai ki te mana whenua, ki te hapū o Puketapu."
["I see it as a beautiful opportunity for you, the NPDC, to make right these transgressions, these mistakes.
"The land was taken, return the land to the mana whenua, to Puketapu hapū."]
Councillor Amanda Clinton-Gohdes also questioned whether a report on Mangati E might be needed, as well as a meeting on the wider issue.
"There's difficulties resolving ... sliver of land by sliver of land, but we're not talking about a sliver of land here."
Apart from grazing paddocks, much of the land is covered in coastal trees and shrubs. Photo: LDR / Craig Ashworth
Council chief executive Craig Stevenson said there were not unlimited resources to devote to the issue.
"My strong preference is to honour the request and mana of [Te Huinga Taumatua] from their previous meeting, when they said they wanted to have a wider discussion around the land principles."
Committee co-chair Gordon Brown said the committee was making history by dealing with council land sales.
"I give you a personal assurance, to the best of my ability; this is the beginning and it will continue."
Taranaki iwi representative Jacqui King said there was room to widen the input beyond the committee.
"My strong recommendation ... is that we bring in the expertise and resource that we have around us and certainly for us our kaumātua, matua Peter, would be one of those."
Moeahu said he would be happy to contribute his experience and engage with Puketapu to craft a solution.
"If it's crafted that we all work on it together that's fine: if it's dictated from the council that's not fine."
A look back
The Waitangi Tribunal in 1995 reported on the tortuous history of the Mangati reserves.
Sixty-six hectares were reserved for Puketapu hapū in 1848 when the Bell Block was bought from them for £200 (in spite of disputed ownership and no unanimity within Puketapu over the sale).
In 1887, the reserve was granted to 15 individuals: Karena Taituha, Rihari Repora, Pera Pehimana, Roka Pehimana, Arapere, Henare Punanga, Ruka Te Ngarau, Kahukare, Ngawaikawakawa, Hami te Raro, Heremaia Paora, Tamati Watene, Hinetapaki, Rangiroera and Hera te Mihiorawru.
But the land remained vested with the Public Trustee and administered along with confiscated land under the West Coast Settlement Reserves Act.
In 1919, the reserve was partitioned into five parts (A-E) despite objection from Te Titi Karena. The land was awarded to 55 owners, but remained vested in the Public Trustee and now came under Native Land Court jurisdiction.
The owners rejected offers to buy Mangati E four times between 1925 and 1965.
Although no urupā was officially reserved on Mangati E, Te Titi Karena told MP Dr Māui Pōmare in 1919 that Karena's ancestors were buried there.
A letter in Māori Land Court files from an owner, MH Hughes, states Mangati E block as leased was 82 acres "less ¼ acre burial ground."
Urupā were often not reserved through the Māori Land Court as owners were reluctant to reveal their location, to avoid looting and desecration.
In August 1968, Mangati E was taken under the Public Works Act for a sewage treatment works.
One of the owners, Helena Brand, objected twice to the Taranaki County Council and once to the Secretary of Māori Affairs, saying her sister and other earlier Māori were buried there, in unknown locations.
No record of compensation has been found.
As local government was re-organised, the Mangati E Māori Reserve was transferred to New Plymouth City Council in 1986, and in 1992 it was transferred to New Plymouth District Council.
By 1995, fewer than 5 hectares of the original 66 remained in Māori hands. As well as the 33 hectares in NPDC control, 22 hectares had been sold to private owners, and around 3 hectares "Europeanised" under the Māori Affairs Amendment Act.
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