Ngā Whenua Kahupapa Hai Tiaki i ngā Rotomoana

Māori roadways are roadways created by the Māori Land Court usually during the partition of a larger whenua Māori block to provide access to the other or newly formed blocks.
Identified in the whenua Māori project were 18 roadways with owners that cannot be located or have no known governance structures. At the time of partition owners were not attached to the roadway and no order determining status was given.
To seek approval to install the infrastructure on those blocks, council (with the owners) will need to undertake an additional process through the Māori Land Court.

Generally, the agreement will provide for:
a) Council and the appointed contractor to access your property and install the infrastructure;
b) Council and any appointed contractor to have reasonable ongoing access to your property for repairs and maintenance;
c) A portion of the land where the pipe is installed to be kept free of any permanent structures to enable access for repairs and maintenance. Anything that can be reinstated (such as a driveway or garden) is okay.
The landowner and Council will need to be agree on the terms and conditions of the agreement. All agreements executed between landowners and Council will be noted against the memorial schedule in each block file.

For this project the Council would seek an easement, a lease, or a licence which would give a right for Council to access and use land.

Council would seek the same purpose, land area and term for an easement, a lease, or a licence:

• Purpose of the easement, lease or licence:
  -Allow Council (or its contractors) to enter onto, use or access part of a land block to install and maintain wastewater pipes.
  -Council would not have the right to enter, use or access the property for any other reason.
• Land area for the easement, lease or licence: o Council would seek approximately 3 metres for the easement, lease or licence (subject to agreement).
  -You would be able to negotiate with Council on the exact placement of the easement, lease or licence (and the pipes).
• Term for the easement, lease or licence:
  -50 years
  -The same period of time specified in the easement for the wastewater treatment plant.

• Easement:
  -It does not give the Council an interest in the land.
  -It is usually not an exclusive right to the land.
• Lease:
  -Would give council an interest in the land that can be registered as a leasehold title.
  -Usually gives exclusive rights to the leaseholder.
• Licence:
  -Does not give council an interest in the land and is usually not an exclusive right.

All landowners can seek independent legal advice if they wish to.

Without landowners’ consent, council cannot install the wastewater pipes. This may lead to enforcement action by the Bay of Plenty Regional Council.

Compensation may be payable where there is “injurious effect” (where there is a significant impact on or where it limits use of the land).

Applications for agreements (easements/lease/licence) will be covered by Rotorua Lakes Council.

For all background information relating to this scheme visit: East Rotoiti & Rotomā sewerage scheme