Despite liquidation proceedings, Ruapehu Alpine Lifts will probably be sold as planned
Even though Ruapehu Alpine Lifts will be tipped into liquidation this morning, its assets will more than likely be sold to the preferred buyers on the same terms – DoC concessions are still the big unknown.
At RAL’s watershed meeting yesterday, neither option put to creditors received the necessary support from voters, and voluntary administrators Richard Nacey and John Fisk had to hand the company back to its directors to appoint liquidators at 10.09am.
The outcome has created significant uncertainty among Ruapehu users on social media, but also higher up the ladder.
READ MORE: * Ruapehu creditors fail to approve sale options * Government offers taxpayer millions for Ruapehu buyers * Ruapehu hapū warn Govt against selling ski fields without asking Māori
Yesterday afternoon Regional Development Minister Kiri Allan's office told Newsroom that Allan was with officials working through what the outcome meant.
This was followed by a statement that the process was out of her hands. “This is now a legal matter which is not controlled by the Crown therefore at this stage, before the hearing, I don't have any further comment to make on the matter."
There is a high chance the Government’s preferred outcome will still take place.
Voluntary administrators John Fisk and Richard Nacey were appointed as liquidators of the company, a stance supported in a leaked email memo between Chapman Tripp partner Michael Harper to Robert Pigou, head of MBIE’s regional and economic development arm Kānoa from last week.
“If the High Court hearing is required, then the directors have requested that John Fisk and Richard Nacey are appointed liquidators. Once appointed as liquidators, they will sign and close the Ruapehu Transactions,” Harper said.
The transactions involved splitting RAL’s assets and selling them to two companies, Whakapapa Holdings on the North side of the maunga and Pure Turoa on the South side.
The Crown will take a 25 percent stake in both businesses and help fund them, which could cost millions.
The concessions
“We are hopeful there will still be a sale on the same terms," Fisk told Newsroom, "but that depends upon DoC concessions being available and the purchasers still wanting to proceed.”
He said the uncertainty over securing DoC concessions to operate in the Tongariro National Park would have been the same even if the sale had been confirmed yesterday.
According to the Tongariro National Park Plan, which has to be followed by Conservation Minister Willow-Jean Prime in making any decision, tāngata whenua must be consulted.
“The implementation of He Kaupapa Rangatira, a framework and protocol for giving practical expression to the partnership with iwi, will ensure that iwi and hapū have an evolving and ongoing role in the management of the park,” the plan reads.
“Be it in decision-making processes for use of cultural materials, the reintroduction of previously present bird species, the consideration of concessions which may impact on cultural values or the development of further park guidelines or strategies, iwi will be involved.”
The Conservation Act also requires DoC to give effect to the principles of te Tiriti which should not be narrowly construed.
Local iwi and hapū have expressed concern about the lack of consultation throughout the administration process, only having their first meeting with the minister less than two weeks ago.
There is also an active treaty claim over the mountain.
Quick trick
Ruapehu district councillor Fiona Kahukura-Chase, of Ngāti Hikairo, Ngāti Waewae (hapū) and Ngāti Tūwharetoa (iwi) descent, said DoC was going to need to do some hasty negotiations with hapū and iwi, “That’s where it's gonna get a bit tricky.”
“Māori hate when someone says, 'Oh, can you say us a quick karakia' – quickly usually means a trick. If you've got such a huge asset and a huge taonga as the mountain, why would you want to do anything quickly?” said Kahukura-Chase.
“What's the hurry to get things wrong? You want to take your time to get it right.”
She said every hapū, and every family within each hapū would have different aspirations, and working through it would take time.
Ngāti Tūwharetoa has 26 hapū and is far from the only iwi with mana whenua over the national park.
Kahukura-Chase compared what DoC will be tasked with doing in a matter of days or weeks to Pākehā trying to get all the Smiths or Browns together to make a decision.
She said the consultation for new concessions or the transfer of concessions could have started many months ago, not a week ago.
“The Crown has used another cruel tool of colonisation, and it's called time deprivation. So they brought this to the table a week ago and called hapū and iwi together to discuss it.”
Te Korowai o Wainuiārua chair Aiden Gilbert, from Nga Hapu o Uenuku on the western and southern sides of the mountain, said Uenuku was getting legal advice and planned to lay out its concerns with the concession process in the next couple of days.
“It's become obvious that even ringing us and meeting with us is consultation to them. What we've always stood by is we require meaningful consultation and not just as a tick box.”
He said this type of treatment was typical of iwi dealings with the Crown, but for the wider community who had never dealt with it, it was quite surprising.
“This is a new experience for a community that has no dealings in that world, so it will come as a bit of a shock that the Government will treat people this way.”
