Maori today signalled their intention to seek ownership of the Mount Recreation Reserve at the base of Mauao from Tauranga City Council.

The 5.5 hectare slice of land along the base from the Mount Surf Club to Adams Avenue, including the holiday park and hot pools, is currently owned by Tauranga City Council.

Riri Ellis and Josh Gear on Waikari Marae in Matapihi.

Ngai Tukairangi hapu are seeking title of the Mount Recreation Reserve at the base of Mauao.

It was left out of the agreement to transfer ownership of the Mauao Historic Reserve to Tauranga Moana's three iwi in 2008.

Ngai Tukairangi hapu representatives at the Tauranga City Council/Tangata Whenua Committee informal forum held on the Waikari Marae today, say the Council's ownership is the reason why the reserve was left out of treaty settlement negotiations.

Josh Gear and Riri Ellis say the interest is in only the title ownership, and say public access and the commercial operations of the holiday park and the hot pools will continue uninterrupted.

'It will be business as usual,” says Riri.

Josh says the handing over of the Mauao Historic Reserve to iwi is successful because of the good relationship between the Tauranga City Council and local iwi. They expect that to continue with the recreation reserve, with the hand over having no effect on the general public.

'Essentially what we're after is just the title,” says Josh.

The Ngai Tukairangi hapu's request to begin the conversation is supported by Ngai te Rangi iwi.

Speaking afterwards Mayor Stuart Crosby says the hapu request is not unexpected. While a council agreement in principle is possible before the elections, the Crown will also have to be involved.

Josh's says Mauao and its surrounds was taken by the Crown in 1865 under the New Zealand Settlements Act, in an act the Waitangi Tribunal later adjudged, 'poignant treaty breaches”.

The confiscation retrospectively validated by the Tauranga District Lands Acts of 1867 and 1868, which declared the entire district of 290,000acres Crown land, but provided that three quarters be returned to Maori ownership in accordance with promises made by Governor Grey.

The Acts also provided that land not retained by the Crown be returned to Maori after ‘due inquiry'.

The Mauao Recreation Reserve was part of the Waikorire Block awarded to Ngai Tukairangi about 1880.

The next Crown Commissioner, commissioner Brabant, granted title over Waikorire to 50 people instead of to the hapu. Brabant was simultaneously the resident magistrate, the commissioner of Tauranga lands, and a Crown land purchase agent.

As Crown agent he then bought up the owner's interests. Maori were induced to sell since keeping the land meant they would have to pay to have it surveyed, a process as expensive then as it is now.

Josh's presentation states the Crown's purchasing strategy was in breach of the Treaty as was the means and the reasoning.

The Mount Maunganui Recreation Reserve was created in 1888. Josh says the government cited recreation, quarrying, defence concerns and navigation among the reasons why the Crown deemed buying Mauao necessary.

In January 1980 the recreation reserve was vested with the Mount Maunganui Borough Council at no cost, which was later amalgamated into Tauranga City in 1989.

The Mauao Historic Reserve was returned to Tauranga Moana iwi in 2008.

At the time Ngai Te Rangi said support was conditional upon the recreation reserve being set aside for Ngai Tukairangi to pursue, and the hapu's interest is recorded in the Mount Hot Pools memorandum of understanding of December 2008, and the Holiday Park memorandum of understanding of September 2010 between Ngai Tukairangi, Ngai Te Rangi and Tauranga City Council.