The descendants of chief Te Peehi Tūroa are leading opposition to the Conservation Minister rubber-stamping concessions for new ski field operators.
Te Peehi Tūroa defended his hapū's territory against repeated incursions by raiding war parties. Now, his descendants have placed the Prime Minister on notice they will fight any hasty attempt to sell control of Mt Ruapehu's ski fields to corporate raiders.
Representatives of the Ruapehu/Whanganui hapū grouping Patutokotoko, which has over the years embraced Ngāti Hekeawai, Ruakopiri, Hinetaro, Atamira, Pare and later Uenuku, have written demanding officials consult with iwi before signing off new operators for the Whakapapa and Tūroa ski fields on June 20.
"In the event this does not occur we are placing the Crown on notice that we will seek redress in the appropriate forum," write Hayden Turoa, Kura Wanikau Turoa and Novena McGuckin.
READ MORE: * Ruapehu skiers to decide fate of mountain * Cabinet set to break up Ruapehu ski fields for sale * Give mountain a chance to recover, say Ruapehu iwi
They and other hapū around Mt Ruapehu are expressing increased concern at the failure of officials from the Ministry of Business and Innovation, the Department of Conservation and representatives of the preferred bidders to discuss their plans with local Māori.
A Cabinet paper notes the Tongariro National Park settlement process is presently underway, and says officials from Kānoa, MBIE's regional economic development and investment unit, will discuss any potential implications with officials from Te Arawhiti, the Office for Māori Crown Relations.
Ruapehu Alpine Lifts, a not-for-profit company that previously operated the ski fields until it was put into administration in October 2022, had two concession agreements granted by the Minister of Conservation. The Whakapapa concession expires in 2046 with rights of renewal of up to 30 years; the Tūroa concession expires in 2042 with rights of renewal of up to 25 years.
"We request your urgent reconsideration of any determination regarding the future of ski fields on our maunga until you have fully and properly engaged with relevant iwi and hapū." – Patutokotoko representatives
The company paid $760,000 in Department of Conservation fees in 2019, the last full year before the department waived them to help ease the pain of the border closures and lockdowns. It boasted, in its final annual report, of being "unique among concessionaires on Conservation Land" in operating a model of co-governance with local iwi for both ski fields.
The concessions limit the number of visitors to 5,500 a day and, the Cabinet paper notes, require all infrastructure to be removed from Tongariro National Park and the land remediated if Ruapehu Alpine Lifts ceases to operate there – at an estimated cost of $100 million.
"The Department of Conservation could terminate the concessions, triggering the make good clause, if Ruapehu Alpine Lifts no longer operates," ministers were warned in the paper. "There will be a strong expectation from iwi and the public that redundant assets are removed from the National Park and the land remediated."
The Conservation Act requires that any application for a concession lasting more than 10 years be publicly notified. Conservation Minister Willow-Jean Prime, in deciding whether to grant a concession, must consider its positive and adverse effects, any relevant environmental impact assessment, and measures to mitigate the impact of the activity.
For Mt Ruapehu, the law requires her decision to accord with the Tongariro National Park conservation plan – which recognises Ngāti Tūwharetoa, Ngāti Rangi, Uenuku and others hold mana whenua over the park and are compelled to exercise kaitiakitanga in perpetuity. The Department of Conservation is required by statute to give effect to the principles of the Treaty of Waitangi.
But there's no mention of consulting with iwi about handing over the rights to operate the ski fields to two new companies, bankrolled by out-of-town investors The South Island Office and Pure Tūroa.
Te Patutokotoko's representatives say they whakapapa to the 1800s war chief Te Peehi Tūroa. "You will note that our family name is directly associated with Tūroa ski field, which is in recognition of Te Peehi Topia Turoa who we descend from," they write, in a letter to Prime Minister Chris Hipkins that has now been supplied to Newsroom.
"We have an inseparable connection to this maunga and have a demonstrated ongoing interest in the management, protection, and use of Tongariro National Park."
The letter notes the legal requirement to actively engage with tangata whenua who have demonstrated ahikā (title to land through continuous occupation).
"We want to reassure you that everything is being done diligently in the background to get the business through the sale process, and we have every expectation that this will be achieved in readiness for winter 2023." – Richard Nacey, administrator
Not only have the Department of Conservation and other Crown agencies failed to engage with Patutokotoko – they also haven't engaged with other hapū and iwi who have an interest in the management of the maunga and the ski fields, the letter says.
"There are a number of requirements associated with the transfer or assignment of a concession right in respect of Māori rights and interests.
"In our opinion, it would be presumptive and prejudicial for the Crown to make a determination on ownership of the ski fields located on our maunga with so many critical matters not having been addressed by Government agencies."
"It is clear to us that in order for the Crown to have entered commercial arrangements with private corporate interests to offer ski fields on our maunga, the terms of that arrangement will be relatively detailed. Clearly, that same level of assessment and engagement has not occurred with tangata whenua, as is required by law."
Patutokotoko requests ministers' "urgent reconsideration" of any decision about the future of the ski fields, until they've fully and properly engaged with relevant iwi and hapū.
Their warning has been given new urgency by a letter to Ruapehu Alpine Lifts' staff from voluntary administrators at PricewaterhouseCoopers. It says the sale of the assets in the two ski fields to the two new companies will take place "on or around" June 20 – the same day as a scheduled watershed meeting with creditors.
"This wake-up call can provide a chance for the company to re-emerge with a new-found humility, connection with stakeholders, and raised aspirations for the future." – Peter Thomson, Ruapehu Skifield Stakeholders Association
The Ruapehu Skifield Stakeholders Association is proposing a new solution that would retain the existing not-for-profit operating model, that it plans to present to that meeting.
Association lawyer Peter Thomson recommends Ruapehu Alpine Lifts enter a Deed of Company Arrangement (DOCA) "that will restore the company with important changes" and aims to provide the best outcome for key stakeholders.
"This wake-up call can provide a chance for the company to re-emerge with a new-found humility, connection with stakeholders, and raised aspirations for the future," Thomson says. "We now have a chance to hand the skifields on to the next generation in a state that we can all be proud of."
But it may be too late – administrator Richard Nacey indicates the assets may already be transferring to the new companies then.
A sale on or around June 20 will ensure that the administration is not disrupting the winter ski and snowboard season, Nacey writes in the letter to staff, and the owners can get on with building a successful 2023 winter.
"We are eager for you all to be a part of the excitement of the upcoming winter season, so please, hang in there," he adds. "Whilst this time can be uncertain, on behalf of MBIE and ourselves as voluntary administrators we want to reassure you that everything is being done diligently in the background to get the business through the sale process, and we have every expectation that this will be achieved in readiness for winter 2023."
