Key Takeaways:
- The Nelson Tenths case has been resolved, with over 3000 hectares of land to be returned to Māori landowners in the top of the South Island.
- A $420 million compensation payment will be made to recognize land sold by the Crown since 1839 and lost earnings.
- The agreement allows for continued public access to land currently used by government agencies, including the Abel Tasman Great Walk and Kaiteriteri Recreation Reserve.
- The case was first brought against the Crown in 2010 and has been ongoing for over a decade.
- The agreement marks a significant step towards correcting a historical injustice and recognizing the rights of Māori landowners.
Introduction to the Nelson Tenths Case
The Nelson Tenths case has been a long-standing issue, with Māori landowners in Te Tauihu, at the top of the South Island, seeking the return of land that was promised to them in the 1830s. The New Zealand Company had agreed to reserve one-tenth of the land for the Māori owners, but instead, they received fewer than 3000 acres. The Crown grant issued in 1845, known as the Spain Award, stated that a tenth of all land used for the Nelson settlement, plus pā, wāhi tapu, urupā, and cultivations owned by the whānau and hapū, would be reserved by the Crown in a trust for the customary owners. However, this did not happen, and the land was instead used by the Crown for various purposes.
The Agreement and Its Terms
In a landmark agreement, the Crown has agreed to return 3068 hectares of land to the descendants of the original owners, including the Kaiteriteri Recreation Reserve and part of the Abel Tasman Great Walk. The agreement also includes a $420 million compensation payment to recognize land that has been sold by the Crown since 1839 and in recognition of the lost earnings and land use. Attorney-General Judith Collins stated that the agreement differed from Treaty settlements, which settled historical claims concerning breaches of the Treaty of Waitangi and its principles. Instead, the agreement is about returning land to its rightful and legal owners, as the Crown failed to keep its side of the deal. The agreement has been welcomed by the Māori landowners, who have been seeking the return of their land for over a decade.
The Significance of the Agreement
The agreement marks a significant step towards correcting a historical injustice and recognizing the rights of Māori landowners. The case was first brought against the Crown in 2010 by Kaumātua Rore Stafford, who took legal action on behalf of ngā uri, the descendants of the tūpuna named in the 1893 Native Land Court list and the descendants of specific Kurahaupō tūpuna. The agreement has been reached after years of litigation, with the High Court providing clear guidance last October that the case needed to be resolved instead of continuing with protracted and costly litigation. The agreement has been welcomed by the Prime Minister, Christopher Luxon, who thanked the customary landowners for their patience and pragmatism in working towards a resolution.
Public Access and the Future of the Land
The agreement allows for continued public access to land currently used by government agencies, including the Abel Tasman Great Walk and Kaiteriteri Recreation Reserve. The Department of Conservation has worked with the owners to ensure ongoing public access, and visitors, tourism operators, and local communities can be assured that there will be no immediate changes to access or day-to-day use. The agreement also provides for the Crown to lease some of the land currently being used for important public purposes, such as roads and schools. The trust will be working to ensure a seamless transition of ownership, and the agreement marks the beginning of a long-term relationship with the Department of Conservation to ensure public access to the land for a period of 25 years.
Conclusion and Future Implications
The resolution of the Nelson Tenths case is a significant step towards recognizing the rights of Māori landowners and correcting historical injustices. The agreement marks a new era of cooperation and partnership between the Crown and Māori, and it is hoped that it will set a precedent for similar cases in the future. The agreement has been welcomed by the Māori landowners, who have been seeking the return of their land for over a decade. The case has also highlighted the importance of recognizing and respecting the rights of indigenous peoples to their land and cultural heritage. As the trust works to ensure a seamless transition of ownership, it is clear that the agreement will have a lasting impact on the region and its people.