Notice Title

Application That Land or Interest in Land be No Longer Subject to Resumption

The Treaty of Waitangi Act 1975
The State-Owned Enterprises Act 1986

This notice concerns land at 24 Wilson Road, Waihi Beach, and Māori claims under the Treaty of Waitangi Act 1975.

The land at 24 Wilson Road, Waihi Beach is described in legal terms as Lot 2 Deposited Plan 64631 (please note the former legal description of this land was Waihi 5 Block).

The land was once owned by the Crown. It was transferred to a State enterprise under the State-Owned Enterprises Act 1986.

There is a special notice or ‘memorial’ on the certificate of title for the land which provides that, if the Waitangi Tribunal so recommends, the land shall be resumed by the Crown and returned to Māori ownership (see sections 27A and 27B of the State-Owned Enterprises Act 1986).

The current owner of the land, the Western Bay of Plenty District Council, has applied to the Waitangi Tribunal to have this memorial removed. The application has been made under section 8D of the Treaty of Waitangi Act 1975.

Any Māori person who considers that they, or any group to which they belong, has a claim to make to the Waitangi Tribunal about this land should submit their claim to the Tribunal before the day of 5 August 2024.

Section 6 of the Treaty of Waitangi Act 1975 sets out the grounds for making a claim. Under section 6AA of the Treaty of Waitangi Act 1975 only new contemporary claims may now be submitted to the Waitangi Tribunal. The Tribunal has no jurisdiction to inquire into new historical claims submitted after 1 September 2008. Claims may be posted to: The Registrar, Waitangi Tribunal, DX SX11237, Wellington 6145.

or delivered to: The Registrar, Waitangi Tribunal, Level 7, 141 The Terrace, Wellington 6011.

The following claims have already been submitted to the Tribunal and may relate to this land:

  • Wai 100, the Hauraki claim;
  • Wai 177, the Hauraki Gold Mining Lands claim;
  • Wai 210, the Ngāti Pukenga claim;
  • Wai 345, the Fairburn Block claim;
  • Wai 346, the Fairburn Purchase claim;
  • Wai 349, the Hauraki Tribal Rohe claim;
  • Wai 355, the Hikutaia and Whangamata Land claim;
  • Wai 418, the Waikawau Purchase claim;
  • Wai 454, the Marutūahu Tribal Region claim;
  • Wai 495, the Marutūahu Tribal Lands claim;
  • Wai 650, the Athenree Forest and Surrounding Lands claim;
  • Wai 695, the Te Aroha Land and Mountain claim;
  • Wai 720, the Mahurangi-Omaha (Hauraki Gulf) claim;
  • Wai 778, the Ngāti Tamatera Lands and Taonga claim;
  • Wai 809, the Ngāti Whanaunga (Hauraki) claim;
  • Wai 812, the Marutūahu Lands and Taonga claim;
  • Wai 853, the Tauranga Lands Act and Local Government Act 1974 claim;
  • Wai 867, the Land and resources in the Marutūahu Tribal Region claim;
  • Wai 970, the Tamatepo Hauraki Lands claim; and
  • Wai 2007, the Ngāti Pukenga, Ngāti Maru and Ngāti Whanaunga Me Nga Iwi o Te Awaawa o Manaia claim.

If no claim about this land is made to the Waitangi Tribunal before the day of 5 August 2024, the Tribunal may recommend that the land be no longer subject to resumption by the Crown and be returned to Māori.

Dated this 2nd day of May 2024.