What may be New Zealand’s longest-standing property claim against the Crown is heading back to the High Court in Wellington from 14 August, in a hearing scheduled to last ten weeks.

The 180-year case relates to the Nelson Tenths Reserves and cultural lands in Te Tauihu (top of the South Island). It centres on the Crown’s failure to protect 15,100 acres of land - one-tenth of the 151,000 acres of land purchased in the 1840s for the Nelson settlement - for the benefit of the customary Māori owners.

Unlike many historic land claims in Aotearoa, Proprietors of Wakatū and Others v Attorney–General is a private law case against the government and not a Treaty of Waitangi claim.

In 2017, the Supreme Court decided in favour of the customary Māori owners by a majority of 4-1, the first time a New Zealand court has recognised that the Crown can owe legally binding obligations to Māori with regards to property rights of this nature.

Despite that ruling six years ago, no resolution has yet taken place.

Kerensa Johnston, a member of the team leading the work alongside lead plaintiff Kaumātua Rore Stafford, who is acting on behalf of the customary Māori owners, said it was disappointing that the Crown had opted to continue with costly and drawn-out litigation rather than joining the claimants at the table to negotiate a pragmatic solution.

“A number of years have passed since the Supreme Court decision in 2017 and our expectation was that the Attorney-General, as the responsible Minister, would sit down with us to resolve this. That hasn’t happened.

“For us, this is about much more than the return of the trust property. The return of the whenua will also mean we can reconnect families who have been disconnected. It’s about our whole identity as indigenous people. And it’s an opportunity for our development as a nation.”

The High Court hearing will argue the extent of the Crown’s liabilities, any defences the Crown may have, and remedies.

Notes to editor:

• Kaumātua Rore Stafford is the lead plaintiff against the Crown. He represents the whānau and hapū descendants of the original owners of the Nelson Tenths. He has led the team dedicated to seeking restitution for more than 30 years.
• The government has allocated $5 million of taxpayer money in this year’s Budget, a multi-year allocation, to continue litigation against the claimants.
• Wakatū Incorporation, the modern-day trustee of the remnants of the Tenths Reserves, is funding the case, and has been leading the work with Kaumātua Rore Stafford to resolve this matter for many years.
• For more on the Nelson Tenths, including key facts, Q&A and timeline, visit www.tehereanuku.nz

About Kerensa Johnston

Kerensa Johnston, CEO of Wakatū Incorporation, is a lawyer who has worked as a solicitor in the private sector, as a Barrister, and as a legal academic at the Faculty of Law, University of Auckland, where she specialised in Māori legal development, public law, land law and international law. Kerensa is the Chair of Ngā Pae o te Māramatanga, the Māori Centre of Research Excellence and the Chair of Ngāti Tama ki te Tau Ihu Charitable Trust. Her iwi are Ngāti Tama, Ngāruahine and Ngāti Whāwhakia.

About Te Here-a-Nuku | Making the Tenths Whole

Te Here-ā-Nuku | Making the Tenths Whole is a commitment to hold the Crown to account to return the whenua owed to the beneficiaries of the Nelson Tenths Reserves and to compensate them for the losses caused by the Crown’s breach of its legal duties. www.tehereanuku.nz

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