Participation in 24^th UN Permanent Forum on Indigenous Rights

 

Professor Claire Charters (Ngāti Whakaue, Tūwharetoa, Ngāpuhi and Tainui), specialist in Indigenous peoples’ rights in international and constitutional law, presented our case at the 24th session of the United Nations Permanent Forum On Indigenous Issues (UNPFII), held in April 2025.

 

The Permanent Forum is one of three UN bodies that is mandated to deal specifically with Indigenous Peoples’ issues.

 

Our participation in the Forum is part of our continued efforts to ensure the international community is aware of how the Crown’s ongoing failure to fulfil its legal obligations in our case is a breach of human rights.

It follows a special visit to the top of the South Island last year by the UN Special Rapporteur on the Rights of Indigenous Peoples, Francisco Calí Tzay. Read more about that visit here: UN expert visits Motueka to learn about Nelson Tenths case | RNZ News

 

Our aim with this work is to shine an international spotlight on our case and remind our government of its important obligations under the United Nations Declaration of the Rights of Indigenous Peoples.

 

Read more about our Human Rights work.

 

 

 

 

Legal update and further submissions – April 2025

 

At the end of October 2024, Justice Edwards released her interim High Court decision Stafford v Attorney-General. In order to finalise the decision, the Judge requested further submissions from both parties.

 

This information included details about specific areas of Crown-held land in the Nelson region, economic valuations and calculations, and other outstanding matters.

 

Over the last few months, Te Here-ā-Nuku Working Group has been supporting Uncle Rore, as the plaintiff, and the legal team in preparing the submissions for the Judge. A one-day follow-up hearing was held in Wellington on Wednesday 2 April to resolve the outstanding issues.

 

The Judge will now take some time to consider the outstanding matters in order to issue her final decision. We will let you know as soon as the final High Court decision is issued.

 

Meantime, at the end of 2024, following the Crown’s decision to appeal our High Court decision, we submitted an application for leave to ‘leapfrog’ the Court of Appeal and have the appeals heard directly by the Supreme Court.

That application was declined by the Supreme Court – read more about this here.

 

Pātai? Please send any questions to info@makingthetenthswhole.co.nz

Supreme Court decision on our ‘leapfrog’ application

 

At the end of 2024, following the Crown’s decision to appeal our High Court decision, we submitted an application for leave to ‘leapfrog’ the Court of Appeal and have the appeals heard directly by the Supreme Court.

 

After so many years of drawn-out litigation, including a successful outcome in the Supreme Court in 2017, we did this with the aim of achieving a final resolution more quickly.

 

Unfortunately, this week we’ve heard that the Supreme Court has dismissed our leapfrog appeal on the grounds that the issues are factually and legally complex, and the manner of their resolution is very important, and therefore merit full consideration in the Court of Appeal.

 

We will now, therefore, push for an urgent fixture in the Court of Appeal.

 

As always, our strong preference remains bringing an end to the litigation and resolving this dispute out of court. We remain hopeful that the Crown will do the right thing, honour its legals duties, and join us at the table to negotiate a principled solution, once and for all.

 

 

Online hui for whānau – Wednesday 9 April

 

All whānau are welcome to join this short, informal online hui to hear an update about the case and to ask any questions about the kaupapa.

 

Wednesday 9 April, 7.30-8pm | Online via Zoom

Zoom link: https://us02web.zoom.us/j/84192236213?pwd=Tz3IL7CUp1klKSfYsNn1kFW0aobF8Q.3c-iRmCk4_u698nc

 

Passcode:042525

 

 

Any further updates will be posted at www.tehereanuku.nz and on Te Here-ā-Nuku social channels – Facebook, LinkedIn and Instagram. Please follow these for the latest information.