The Orakei Act 1991

 

The Orakei Act 1991 is a pivotal act for the hapu in that it both consolidated hapu gains to date and provided a defined platform for future claims and development.

From the Crown point of view a full and final settlement on the Orakei Block was achieved.

But future settlements on other claims remained open.

From the Orakei point of view, two important milestones occurred.

Firstly, the Board status as the sole trustee of the current and future estate of hapu lands, putea and resources (in perpetuity) was enshrined in the Act.

This meant that the Crown could vest 64.9614 hectares of ancestral land in the Ngati Whatua o Orakei Maori Trust Board.

Secondly, their sole authority status---which empowers them to conduct negotiations on behalf of the hapu in any future claim ---was also written into law.

This means that they have a crown recognised mandate to pursue other treaty claims.

Because this Act:

  • gives effect to certain recommendations made by the Waitangi Tribunal in relation to the Orakei Claim (Wai-9)
  • provides for the revesting of further portions of the Orakei Block in the Ngati Whatua o Orakei Maori Trust Board
  • extends the Board's functions and powers, including the power to subdivide any or all of the development land of 15.9836 hectares for housing purposes
  • sets aside more land as reserves to be adminstered by the Auckland City Council and the Ngati Whatua o Orakei Maori Trust Board;
  • establishes the Ngati Whatua O Orakei Reserves Board to administer Whenua rangatira
  • protects vested land by imposing certain restrictions on the disposal of land
  • grants exemptions to the payment of rates, reserves contributions, land tax and other charges


the 1978 Vesting and Use Act was superseded and repealed.


The Act talks about four main kaupapa. They are:

Part 1: Vesting and status of hapu land
Part 2: Ngati Whatua o Orakei Maori Trust Board
Part 3: Ngati Whatua O Orakei Reserves Board
Part 4: Miscellaneous provisions

 

Seven Highlights of the Act

  • Hapu development land of 15.9836 hectares is vested in the Trust Board in perpetuity. Technically, this land is deemed to be Maori Freehold Land within the meaning of the Maori Affairs Act 1953
  • Apart from having the power to grant easements and the power to lease no more than 20% of the total development land (13.6203 hectares), the Trust can not dispose of any land vested in it by this Act
  • The inalienable Hapu reservation of 2.34 hectares is reserved for common use by beneficiaries
  • The Whenua rangatira of 48.1639 hectares is deemed a Maori reservation (pursuant to section 439 of the Maori Affairs Act 1953), for the common use and benefit of the members of the hapu and the citizens of the City of Auckland and shall be administered by the Reserves Board
  • The Trust Board is empowered to subdivide any or all of the development land of 13.6203 hectares for housing purposes
  • The Whenua rangatira, hapu reservation and any undeveloped development land is not rateable and exempt from all other taxes and charges imposed by the Auckland City Council or the Auckland Regional Council
  • Hapu land is exempt from Land Tax liability

 

Land parcels vested in the Trust Board are specified in the following schedules


Schedule 1

Development land:
14 parcels totalling 13.6203 hectares

Hapu Reservation:
8 parcels totalling 2.3401 hectares

Schedule 2

Roads to Vest in Auckland City Council:
5 parcels totalling 0.4602 hectare

Road to stop and vest in Orakei:
1 parcel totalling 0.0232 hectare

Schedule 3

Whenua Rangatira:
6 parcels totalling 48.1639 hectares


Conclusion

The Orakei Act 1991 specifies the 64.9 hectares of land returned to Ngati Whatua o Orakei.

And stands as full and final settlement on the 283.3 hectares known as the Orakei Block.

Whatever your view, this Act is a snapshot of an important stage of Orakei history.

 

You can download this essential reading now by clicking this Orakei Act 1991 link now.

 

And become a hapu expert on this kaupapa.