Key Takeaways:
- The Nelson Tenths case has been resolved, with over 3,000 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 and land use.
- 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 Crown had failed to honor a deal made in the 1830s, which promised Māori one-tenth of the land sold to the New Zealand Company.
- The agreement marks the end of over a decade of litigation and provides a long-term solution for the region.
Introduction to the Nelson Tenths Case
The Nelson Tenths case has been a long-standing issue, dating back to the 1830s when Māori in Te Tauihu were promised that if they sold 151,100 acres of land to the New Zealand Company, they would be able to keep one-tenth. However, they received fewer than 3000 acres, and the Crown failed to honor the deal. The case was first brought against the Crown by Kaumātua Rore Stafford in 2010, and it has been making its way through the courts ever since. In 2017, the Supreme Court ruled that the government must honor the deal made during European settlement of the region, but efforts to resolve the case outside of court had been unsuccessful until now.
The Agreement
An agreement has been reached between the Crown and the descendants of the original Māori owners, with 3068 hectares of land to be returned, 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 lost earnings and land use. Attorney-General Judith Collins stated that the agreement differs from Treaty settlements, which settle historical claims concerning breaches of the Treaty of Waitangi and its principles. Instead, this agreement is about returning land to its rightful and legal owners, as the Crown failed to keep its side of the deal.
The Significance of the Agreement
The agreement is significant, as it marks the end of over a decade of litigation and provides a long-term solution for the region. Collins said that she felt reaching an agreement with the customary landowners was the right thing to do, and that the signing of the agreement was an emotional occasion, as it was about correcting an injustice. The agreement also 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.
Public Access and Land Use
The agreement includes provisions for public access and land use, with the Crown transferring the land back to its rightful owners but allowing the Crown to lease some of the land currently being used for important public purposes. Private property is not affected by the agreement. The trust will be working to ensure a seamless transition of ownership, and there will be no changes to access and use issues over the summer and coming years. The trust has also entered into a long-term relationship with the Department of Conservation, which ensures that public access to the Abel Tasman Great Walk and the Kaiteriteri Recreation Reserve is in place for a period of 25 years.
Reaction to the Agreement
Prime Minister Christopher Luxon thanked the customary landowners for their patience and pragmatism in working towards a resolution. He also thanked Attorney-General Judith Collins for her leadership and the negotiators who worked hard on both sides to bring about the agreement. Te Here-ā-Nuku (Making the Tenths Whole) project lead Kerensa Johnston said that the agreement marked the end of more than a decade of litigation and provided a positive outcome for the region. She acknowledged the leadership of the Attorney-General and other ministers who had held firm to the rule of law and private property rights inherent in the case, making it possible to reach an agreement. The case had otherwise been scheduled to be heard again in the Court of Appeal next April, but the High Court provided clear guidance last October that the case needed to be resolved instead of continuing with protracted and costly litigation.