Doctor Forced to Sell Property at $130,000 Loss Due to Indigenous Claim

Dr. Cecil Williams, the Kaitaia GP at the centre of a two-year land occupation by a local Māori tribe, and his wife Marna Williams. Courtesy of Te Hiku Hauora GP Clinic

A doctor in the small North Island town of Kaitāia may leave after 35 years, having been left with no option but to sell his property at a loss after it was occupied by a local iwi (Māori tribe), exacerbating the critical shortage of doctors in the area.

The dispute centres on a culturally significant pōhutukawa tree, also known as a New Zealand Christmas tree, situated on the property.

General Practitioner Cecil Williams and his wife Marna Williams bought the section after confirming the absence of land claims to other issues.

After being assured there were none, they bought it for $500,000 (US$328,000).

Since the tree was not listed as protected or significant on the Far North District Council’s website, Dr. Williams partially felled it to make room for a house to be built.

Māori Had Been Told the Tree was Protected

Local Māori were led to believe that the tree was part of a reserve when it was subdivided, but the reserve’s size was later reduced, and the tree became part of the property purchased by the couple.

Members of the iwi say they felt betrayed over assurances that the culturally significant site at Mr. Williams’s property in Ahipara would be fully protected as a public reserve.

Google Earth image of Wharo Way, Ahipara, with No. 1 (which includes the pōhutukawa) at the front left and No. 3, which is a public reserve, behind it. Google Streetview/Screenshot

The land was occupied for almost a year before the council stepped in and agreed to buy the land from the couple—but at a price of almost $130,000 below its value.

During the meeting to approve the purchase, Mayor Moko Tepania acknowledged the breach of commitments to protect the property.

As a result, the council acknowledged special circumstances justifying its support for negotiating the purchase of the land. The council intends to convert the entire block into a reserve and safeguard the tree indefinitely.

Council, the Only Buyer, Underpaid

Dr. Williams and his wife were willing sellers, having offered to sell the land to the iwi or the council at their purchase price.

However, the council’s offer of $437,500 fell significantly below the QV valuation of $560,000 a year earlier. Feeling cornered, the couple reluctantly accepted the lower amount, considering that no one else would buy land under occupation.

The GP said the past two years had been “like a nightmare at times,” with abuse and threats made against them, despite them not having done anything wrong. They were “the meat in the sandwich” of a major administrative error by the authorities.

“The thing is, we three times went to the council before cutting the tree to ask if it was a protected tree, and three times they said it wasn’t,” Dr. Williams said.

“So in good faith, we went ahead with cutting it back, and then three days later all hell broke loose. Now if it was land worth, say, $50,000 I would have happily given it to them and said ‘Put a plaque up there in my name’, but $500,000 is a lot to be out of pocket. As it was, we couldn’t sell the land as it was occupied.

“It’s prime waterfront land, but the council’s independent valuation in September last year said it was only worth $400,000. Yet the council’s own Quotable Value in October the year before said the property was worth $560,000. I know prices have dropped a bit, but I can’t see how such a piece of coastal land has dropped by $160,000 in a year. That’s hard to take.”

“We’re Seen as the Bad Guys”: Doctor

Dr. Williams emphasised that his family had no intention of causing any upset in a community they had been a part of for three decades.

“We thought everything was kosher. We just wanted to build a house on the site and went about that the right way, but there was something that went wrong over how the land was designated and we were caught up in that,” he said.

“We did nothing illegal at all here, but we’ve been suffering from all the stress this has caused. I’ve been a doctor up here for 29 going on 30 years, and this is the one thing that has made us consider packing up and leaving,” he said.

“It’s hard enough as it is to get GPs up here, but this has really hit us hard. The stress and the anxiety this has caused us, the sleepless nights and worry have been unbearable. Through no fault of our own, we have now had to take a huge financial hit, and I’m upset that after all these years helping this community, we’ve had such little support and are seen as the bad guys.”

However, Reuben Taipari, the man who led the occupation, said the council agreement was great for the area, and should serve as a model for how such disputes can be resolved amicably and for the good of the whole community.

“We recognise this [agreement] as a sign of what we have achieved. It’s amazing for us to now have this relationship with the council,” he said.

“We see this as an investment in the community—and the reserve is for the whole community to enjoy, including the many thousands of visitors who come here from around the globe every year.”