Key Takeaways:
- The Nelson Tenths case has been resolved with an agreement between the Crown and Māori landowners, returning over 3000 hectares of land to its rightful owners.
- The agreement includes a $420 million compensation payment for land sold by the Crown since 1839 and lost earnings.
- The land to be returned includes the Kaiteriteri Recreation Reserve and part of the Abel Tasman Great Walk, with continued public access guaranteed.
- The agreement marks the end of over a decade of litigation and is seen as a significant step towards correcting a historical injustice.
- The Crown and the owners have agreed to allow continued public access to land currently used by government agencies, with no immediate changes to access or day-to-day use.
Introduction to the Nelson Tenths Case
The Nelson Tenths case has been a long-standing issue in New Zealand, with Māori landowners at the top of the South Island fighting for the return of their land. The case dates 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 agreement to reserve the land was not honored. A 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, but this did not happen.
The Agreement and Its Terms
In a landmark agreement, 3068 hectares of land will be returned 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 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 Supreme Court ruled in 2017 that the government had a legal duty to the original owners, and the High Court confirmed in 2024 that the land had been held on trust by the Crown and always belonged to the descendants of its original owners.
Reaching an Agreement and Correcting an Injustice
Collins felt that reaching an agreement with the customary landowners was the right thing to do, and the signing of the agreement was an emotional occasion, as it was about correcting an injustice. She stated that the law was clear from the High Court case, and she agreed with it, believing that it shouldn’t make a difference if the people involved were Māori, Pākehā, or anyone else. The government could have continued to fight the case, but Collins believed that it was better to do what was right and honor the trust. The land in question had been specifically excluded from previous Treaty of Waitangi claims, and Collins was not concerned about the case setting a precedent, nor was she aware of any similar claims elsewhere in New Zealand.
Public Access and the Future of the Land
The Crown and the owners have agreed to allow continued public access to land currently used by government agencies, with no immediate changes to access or day-to-day use. 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 changes to access or use. The agreement transfers the land back to its rightful owners but allows 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 the Crown will lease some of the land for 25 years to ensure continued public access to the Abel Tasman Great Walk and the Kaiteriteri Recreation Reserve.
Reaction and Reflection
Prime Minister Christopher Luxon thanked the customary landowners for their patience and pragmatism in working towards a resolution. He acknowledged the impact on the customary landowners, who had not had the use of their land for many generations. Luxon also thanked Attorney-General Judith Collins for her leadership and the coalition partners for recognizing the need to resolve the issue. Te Here-ā-Nuku (Making the Tenths Whole) project lead Kerensa Johnston said the agreement marked the end of more than a decade of litigation and was a significant step towards correcting a historical injustice. The trust would be working to ensure a seamless transition of ownership, and the agreement would allow for continued public access to the land. Johnston praised the leadership of the Attorney-General and other ministers, who had held firm to the rule of law and private property rights, making it possible to reach an agreement.