Claim against tavern
By SARAH CODDINGTON - North Shore Times
Relevant offers
A Waitangi Tribunal claim has been lodged over Devonport's Masonic Tavern.
Owner Peter Thwaites plans to demolish the hotel and build luxury apartments and a cafe, subject to an Environment Court appeal by objectors.
A descendant of Ngapuhi chief Patuone, who also had connections to Ngati Paoa, has lodged a grievance claim seeking to prevent the demolition of the tavern saying it is a traditional wahi tapu - sacred - site.
The Waitangi Tribunal claim says bones of Maori warriors have been found close to the 19th century building.
Failure to consult with affected Maori during the resource consent process is in breach of the Treaty of Waitangi principles, says the claim.
Archaeologist Tony Hall is acting on behalf of the claimant
Denis Hanley, who lives in Australia.
Mr Hall says the claimant wants the building to be cared for by a community trust and used for its original purpose as a hotel, with a museum displaying its history.
Devonport Heritage Society, the Masonic Friendly Heritage and two neighbours have lodged an appeal to the Environment Court opposing the apartment development.
North Shore City Council received more than 300 submissions to the application - 306 in opposition and 14 in support.
Mr Hall says the treaty claim is supported by the discovery of Maori skeletal remains in 2001 close to the hotel during stormwater work.
Mr Hall, who recorded evidence at the site where the remains were found, says it is highly likely further human remains are under the hotel building.
The human remains are believed to be from a Maori battle that happened in Torpedo Bay during 1793 between Ngapuhi and Ngati Paoa who at the time occupied North Head.
The Masonic Tavern was built in 1866 and is one of New Zealand's oldest buildings.
The building is likely to have protected the burial site but the demolition will destroy it, says Mr Hall.
Construction is likely to have caused minimal disturbance to the sacred place, says the treaty claim.
Mr Hall says the site is an important part of Maori and local history and he does not want to see it lost.
"I hasten to point out that such action by the claimant would in no way constitute a treaty claim for the land or compensation in any form."
The claimant believes he has a responsibility to act to protect Maori traditional and historical values, says Mr Hall.
