This week the Court has heard submissions from Ngāti Apa ki te Rā Tō Trust, on behalf of their specific tūpuna and descendants.

 

Ngāti Apa ki te Rā Tō Trust has submitted evidence in our case that specific tūpuna lived in Whakatū and the surrounding area at the time of the New Zealand Company’s arrival and the establishment of the Nelson Tenths Reserves Trust, between 1841 and 1845 in particular.

 

This is the time period that is relevant to our legal proceedings, which are focused on fiduciary duty and trust law.

 

Their evidence is drawn from submissions and evidence presented to the Waitangi Tribunal throughout its 22 year-long proceedings in Te Tauihu, which incorporated accounts from pūkōrero relevant to Whakatū and the 1841-1845 time period.

 

Following the hearings, the Waitangi Tribunal issued its findings in 2008, confirming that the Kurahaupō tūpuna had interests in the area that is the subject of the current legal proceedings.

 

Ngāti Apa ki te Rā Tō Trust is not seeking recognition of Kurahaupō generally, but seeks the inclusion of specific tūpuna, and their descendants, for the purpose of any relief granted by the High Court.

 

Based on the evidence and the Waitangi Tribunal findings, an agreement was reached with Ngāti Apa ki te Rā Tō Trust whereby their evidence was submitted by consent. This agreement was guided by the principles of whanaungatanga, recognising that the unresolved dispute relating to the Nelson Tenths Reserves Trust rests with the Crown. We have informed the Court and the Crown of this.

 

Ngāti Apa ki te Rā Tō Trust has also confirmed their support of kaumātua Rore Stafford’s standing as plaintiff in our case.

 

This is a positive tikanga-based outcome, which enables us to:

 

• Avoid the Crown using the case as a lever to divide us, or to draw us into protracted litigation on matters of tikanga.

 

• Focus on the Crown’s legal duties, and the breach of trust and remedies arguments, so we can successfully resolve these long-standing proceedings.

 

• Move forward together positively following the High Court judgment.

 

The evidence remains before the High Court and will be considered by the Judge when she makes her final decision.

 

This decision, and the judgment as a whole, is expected in early-mid 2024.

 

If you have any questions about this agreement, please feel free to contact us at info@makingthetenthswhole.co.nz