Te Here-ā-Nuku: What’s in store in 2025?

 

At the end of October 2024, a year after the conclusion of our ten-week High Court hearing in Wellington, Justice Edwards released her decision regarding Stafford v Attorney-General. The decision went in our favour on the majority of key points, including:

 

• That the Crown breached its fiduciary duties to the customary owners
• That the customary owners suffered loss as a result of these breaches
• That the plaintiff is entitled to relief in the form of the return of land, and compensation

The Court ordered the return of trust property still held by the Crown (within the Nelson, Tasman and Golden Bay area), amounting to at least 10,000 acres, as well as compensation for the losses incurred, with the final monetary award yet to be decided.

 

Unfortunately, despite now having the weight of both the Supreme Court and High Court decisions against them, the Crown appealed the decision on almost every point.

 

In order to protect our legal position, kaumātua Rore Stafford, the plaintiff, filed a cross-appeal in response.

 

2025 will therefore likely see further litigation, and will be another crucial year in our commitment to hold the Crown to account around the Nelson Tenths Reserves.

 

• Negotiation: In the next few months we expect to receive the Court’s final judgment regarding the areas of Crown land to be returned to the customary Māori owners, and compensation. Once the judgment is finalised and we have all of the relevant decisions, we will once again request a meeting with the Attorney-General and other ministers to negotiate the implementation of the High Court decision.

 

• Litigation: We will be preparing for a hearing in the Appellate Court, despite our strong preference being to end the litigation and to resolve this dispute out of court. It could take some time before the appeal is heard and will require considerable time and budget to prepare for. The Crown’s continued defence is funded by the taxpayer, and the liability increases each day that the land remains in the Crown’s possession.

 

• Remedy: We will continue preparations for the return and future management of the taonga on behalf of Ngā Uri. In March we will hold a series of hui around the motu to connect and update whānau. More information to come.

 

• Human rights: We are continuing our work around human rights, which aims to ensure an international focus is kept on the kaupapa and on the NZ government’s approach. Specifically, we have submitted a report to request that Te Here-ā-Nuku is included in an impending United Nations review of NZ’s compliance with the International Covenant on Civil and Political Rights.

 

• Whakapapa, connection and engagement: We will be continuing our work to find and reconnect whānau who whakapapa to the Nelson Tenths and to empower them to learn more about their whakapapa and history.

 

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