Under an agreement announced on Thursday, Auckland tribes will have right of first refusal to develop houses on Crown land, with 40 per cent of construction to be social or affordable housing.
Surplus land earmarked for housing development will not be offered to tribes for purchase - the right of first refusal will relate to the first opportunity to be the developer.
The Government says it will likely still maintain ownership of the land until it is sold as completed houses, and it can put requirements around the pace and type of development.
Ngati Whatua sought legal advice back in June when it looked like the Housing Minister might cut them out of the process by using Section 136 of the tribe’s settlement legislation that says:
An RFR landowner may dispose of RFR land that is held for State housing purposes if the Minister of Housing has given notice to the Limited Partnership that, in the Minister's opinion, the disposal is to achieve, or to assist in achieving, the Crown's social objectives in relation to housing or services related to housing.Such rights of first refusal have been included in treaty settlements for 20 years, starting as rights limited to specific properties and widening to a long-term RFR over 175 years to surplus property.
Ngati Whatua and Waikato-Tainui were expected to file papers with the court to clarify their right of first refusal on up to 500ha slated for development.
Dr Smith said that the new agreement recognised that a right of first refusal over development of Crown land for state housing purposes was part of the Tamaki Collective Deed of Settlement, signed in 2012 between the Crown and Nga Mana Whenua o Tamaki Makaurau.
For those who have not noticed, this is the basic strategy of claimant groups.
Step 1. Government announces a policy initiative. Step 2. Tribal entity announces a claim for involvement in that policy to attain a financial benefit. Step 3. Government cites existing rules that show tribe is not involved. Step 4. Tribe issues legal threat. Step 5. Government confers some benefit to the tribe.
A claim will always result in a benefit.
Iwi drop legal action over housing land,http://www.nzherald.co.nz/politics/news/article.cfm?c_id=280&objectid=11507428
Finlayson might join iwi in court,http://www.nzherald.co.nz/politics/news/article.cfm?c_id=280&objectid=11466239