A High Court judge has ruled the descendants of customary Māori landowners in Nelson are entitled to Crown land and compensation in the country’s oldest property dispute case.
The case, known as the Nelson Tenths, dates back to 1845 when Nelson was established. The New Zealand Company purchased around 151,000 acres of land but agreed that 10% be set aside for the Māori landowners, plus areas of cultural significance wouldn’t be touched.
But that didn’t happen and the landowners ended up with significantly less than what was promised.
While the extensive judgement from Justice Rebecca Edwards found largely in favour of the descendants, the court ruled they weren’t entitled to as much as they had argued for.
Justice Edwards found some land still owned by the Crown would be returned to the descendants, but that doesn’t include land owned by Crown entities such as ACC and Te Whatu Ora.
The details still need to be worked out, but Justice Edwards said the compensation would be “substantially less than $1 billion” but would be a “significant sum of money”. The amount asked for during the case was up to $6 billion.
A High Court judge has ruled the descendants of customary Māori landowners in Nelson are entitled to Crown land and compensation in the country’s oldest property dispute case. (Source: 1News)
Nelson Tenth’s project lead Kerensa Johnston said the decision today showed that property rights apply to all New Zealanders.
“We are relieved that this right has been borne out today and that property wrongly taken in breach of trust law will finally be returned to its owners.”
During the 10 week hearing last year, part of the Crown’s argument was that treaty settlements made with iwi in the area covered the Tenths case.
During the hearing Office for Māori Crown Relations chief executive Lil Anderson said: “This could place significant pressure on the Māori-Crown relationship and undermine three decades of good faith engagement. “
But in the judgement today Justice Edwards disagreed.
“It is far from clear that this decision will have the wide-ranging and significant impact feared by the Crown”.
She also said: “The Customary Owners are like any other private litigant and their right to relief should not be curtailed simply because the defendant is the Crown”.
Attorney General Judith Collins wouldn’t be interviewed today but told 1News in a statement: “The Court has delivered an interim judgment. The matter is therefore still before the Court, and so comment on the judgment at this time is inappropriate”.
The Crown has the option of appealing and earlier this year $3.6m was allocated from the Budget to the case in the coming years.
The case has gone through various courts since 2008 and while the final decision still needs to be released, the descendant’s want to bring this chapter to a close.
Johnston said she hoped the Crown will accept the court’s decision without delay.
“We’ve been fighting this case in some form for more than 180 years. It’s time now for the Crown to do the right thing, honour its clear legal duty and enable us, finally, to turn our energy to the opportunity and healing that this resolution offers for our region.”