Whānau update hui March 2025 – Schedule

Whānau update hui March 2025 – Schedule

 

In March, the Te Here-ā-Nuku working group will be holding a series of hui around the rohe to update whānau on the work taking place to resolve the Nelson Tenths kaupapa.

 

The hui will be hosted by kaumātua Rore Stafford and members of the working group.

 

All whānau are warmly welcome to attend and there will be opportunities to ask questions.

 

Any pātai, please comment below or email info@makingthetenthswhole.co.nz

 

Further hui will be held for whānau in other centres – dates to be advised.

 

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

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.

 

Please continue to follow us on Facebook, LinkedIn and Instagram and share our posts and pages to help us raise awareness of this crucial kaupapa.

 

Crown appeal and our next steps

At the end of October, the High Court released its decision regarding Stafford v Attorney General. The decision was strongly in our favour with the Court finding:

 

  • That the Crown breached its fiduciary duties to the customary owners of the Nelson Tenths Reserves
  • That the customary owners suffered loss as a result of these breaches
  • That the plaintiff, kaumātua Rore Stafford, who represents the customary owners, is entitled to relief in the form of the return of land, and compensation

 

Read more here

 

Crown appeal

 

Since then, the Crown has lodged an appeal against the High Court’s decision. While this is deeply disappointing, it’s not a huge surprise given that the Crown has so far fought this case at every turn.

 

The Crown has appealed on almost every point, even arguments which we believe have no factual or legal defence.

 

For instance, in the High Court the Crown argued that its fiduciary duties to reserve the Tenths and exclude the Occupation Lands did not require it to actually achieve those outcomes, just to act with loyalty and good faith.

 

This is despite the Supreme Court in 2017 finding that the Crown had a duty to “reserve 15,100 acres for the benefit of the customary owners and, in addition, to exclude their pā, urupā and cultivations from the land obtained by the Crown following the 1845 Spain award.”

 

The High Court dismissed this argument, but the Crown has resurrected it on appeal.

 

There are many other examples like this in the Crown’s appeal.

 

Next steps | Our cross appeal

 

Our strong preference was not to appeal the decision, given we were largely successful in the High Court. Since the Crown has appealed, however, Uncle Rore as the plaintiff representing the customary owners, is entitled to respond by filing a cross-appeal.

 

Uncle Rore, supported by the Working Group, considered a range of legal, political and strategic factors when deciding whether to cross appeal and on which points, as well as the likelihood of success and cost. After reviewing the different options, the Working Group made a unanimous decision to cross-appeal only the High Court’s decision not to award compound interest.

 

We see this as a straightforward legal argument: that compound interest represents a normal economic return consistent with the endowment purpose of the Tenths.

 

Our cross-appeal was filed last week.

 

Uncle Rore and the Working Group also decided to submit an application to ‘leapfrog’ the Court of Appeal and have the appeals heard directly by the Supreme Court. We’ve done this with the aim of achieving a final resolution more quickly.

 

We will be able to advise on the appeal process and timing once we receive a decision from the Supreme Court on the leapfrog application. This will be in the new year.

 

Our strong preference – negotiation

 

Our strong preference remains ending the litigation and resolving this dispute out of court directly with the government.

 

We have contacted the Attorney-General to meet directly with her, and we hope to do this early in the new year.

 

 

 

 

Crown lodges appeal against High Court decision

Crown lodges appeal against High Court decision

 

The Crown has lodged an appeal against the High Court’s decision.

 

We are deeply disappointed.

 

With strong Supreme Court and High Court decisions in our favour, we had hoped the Crown would see the sense in meeting us at the table to negotiate a pragmatic resolution to this long-standing injustice.

 

Instead, the Crown will use taxpayer money to continue fighting us in court.

 

This is not what we wanted, and it is heartbreaking to see justice delayed further for our whānau and our region.

 

We will now carefully consider our options.

 

Here are some early items of media coverage regarding the Crown’s decision to appeal.

 

 

 

#tehereānuku

#makingthetenthswhole

Success in the High Court for customary owners

Success in the High Court for customary owners

 

The High Court has today released a strong decision in our favour regarding Stafford v Attorney General.

 

While there are still outstanding matters to decide, including the details of the award to be made, today’s judgment is ultimately a significant victory for Uncle Rore, the customary owners of the Nelson Tenths Reserves that he represents, and for all of us with a connection to the whenua at the heart of this issue.

 

It also upholds fundamental property rights that apply to every one of us in New Zealand.

 

In the words of the Judge, Edwards J:

 

“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. The plaintiff’s claim is determined according to the law, unaffected by the political objectives of the other branches of government which sit outside the courtroom doors.”

 

The Te Here-ā-Nuku Working Group will take some time now to process the detail of the decision and decide next steps. We will keep you updated.

 

Thank you to all who have supported this kaupapa, and particularly those who supported the High Court proceedings in Wellington last year.

 

Read the full decision of the High Court and the summary decision below.

 

Complete High Court Judgement – Click here to view PDF

 

Summary of the High Court Judgement  – Click here to view PDF

 

Chapter in new book draws on Tenths mahi

Chapter in new book draws on Tenths mahi

 

“Despite all the collective challenges we face as a result of the settlement process, and into the post-settlement era, what continues to sustain us is hope. Through all of our work, we continually look for ways to sustain our hope for a better future for ourselves and our children.”

 

Hope. A constant theme in our 180-year long struggle to resolve the Nelson Tenths.

 

Also now the theme of ‘The Enduring Power of Hope: The Impact of the Treaty Settlement Process in Te Tauihu’, a chapter written by Te Here-ā-Nuku | Making the Tenths Whole project lead Kerensa Johnston in a new book out on 1 October 2024, Te Tiriti o Waitangi Relationships.

 

Kerensa draws on the work taking place to resolve our case, and other issues, in her personal reflection on the impact of the Treaty settlement process in our region.

 

She writes about positive movements towards change in Te Tauihu and how these bring us closer to the vision of our tūpuna at the time of the signing of Te Tiriti o Waitangi and the settlement of Nelson.

 

Te Tiriti o Waitangi Relationship: People, Politics and Law
Bridget Williams Books

 

Faces of whānau | Hamuera Manihera, Ngāti Koata, Ngāti Kuia

“Talk with your kaumātua — your nannies, toro, aunties, uncles, and cousins. Take the time to sit, listen, and listen some more, and kōrero when you can. Don’t take these moments for granted; in the blink of an eye, whānau can come and go, and with them, the stories and connections.”

 

What does whakapapa mean to you?

 

Whakapapa is both my identity and my connection to the whenua where I live, linking me to my tūpuna and the environment. For me, whakapapa is a treasured legacy that carries with it the responsibility to care for and pass on.

 

What is your advice for someone starting out on their whakapapa journey?

 

Talk with your kaumātua — your nannies, toro, aunties, uncles, and cousins. Take the time to sit, listen, and listen some more, and kōrero when you can. Don’t take these moments for granted; in the blink of an eye, whānau can come and go, and with them, the stories and connections. For those raised away from Whakatū or Te Tauihu, don’t hesitate to reach out to your local iwi or to Aunty Celia and her team at Wakatū.

 

Share an anecdote or a fact about your tūpuna on the 1892 list

 

I descend from Riria Pakake, a daughter or Harirota Pakake and Te Hura Pakake of Ngāti Koata.

Riria Pakake married Teone Hippolite of Ngāti Kuia and settled at a place called Te Matapihi ki te Rangi in the Croisilles Harbour.

 

Can you tell us about your own whakapapa journey?

 

I was fortunate to be raised around my kuia, Nellie Robb (née Manihera), a custodian of whakapapa, including charts, photos, and taonga. She lived in a kaumātua flat behind Whakatū Marae, so we often played in and around the whare and the kaumatua flats.

 

This environment provided countless opportunities to learn from the taonga and from the many aunties and uncles who lived around the marae.

 

More Faces of Whānau here

Expanded Te Here-ā-Nuku Working Group

Expanded Te Here-ā-Nuku Working Group

 

Our commitment to hold the Crown to account to make good on the Nelson Tenths weaves together many strands of work.

 

Litigation, human rights, communication and engagement, tikanga and reconnection of whānau to whenua and identity – to name a few.

 

We have recently expanded the Working Group that supports kaumātua Rore Stafford to oversee this kaupapa.

 

You can read more about the Working Group here: https://tehereanuku.nz/our-people/working-group/

 

We thank them for their commitment to Uncle Rore and to this kaupapa.

 

Faces of Whānau | Dan Solomon, Ngāti Tama, Ngāti Koata     

“I strongly believe that whakapapa has a strong wairua element to it. Many of us may not know all our whakapapa, but our whakapapa knows us and will come to us in the right time.”

 

 

What does whakapapa mean to you?

Whakapapa is everything to me. It is our genetic makeup, our identity, it is the reason why each one of us are so unique. There is so much value in knowing more about ourselves. I’m so happy for my tamariki, because from a young age they will learn a wider view of who they are.

 

Whakapapa is the beginning, end and everything in between. It contributes to so many factors of our lives. But most of all it is our connector, it binds us to our living whānau and to the legacy of those who have gone before us, and it inspires me to add to their legacy in my own right and way.

 

It grounds me in this world that is constantly moving and allows me to stand firm knowing who I am.

 

 

What is your connection to the Nelson Tenths whenua?

My connection to the Nelson Tenths whenua is through my tūpuna Wauwau, Wikitoria Te Hau and Tiripa Wauwau of Ngāti Koata.

 

They were named as people who gave their whenua in Nelson to the New Zealand Company in 1841. I also connect to this whenua through my Ngāti Tama ancestor Te Rei Kauhoe, son of Arihia Kauhoe, a first cousin to Wi Katene Te Puoho and Te Wahapiro Paremata. Te Rei Kauhoe and his wife Tiripa raised my great great grandmother Ngatare Te Rei and her siblings at Wakapuaka.

 

Many of my ancestors are buried at the urupa Haua at Wakapuaka, which makes that area special to me and my whānau.

 

 

What is your advice for someone starting out on their whakapapa journey?

See what is available to you already. This can be as simple as asking whānau members what information they may have on hand. Also try to connect with people who are skilled in this area of expertise. There are many tools available to support the research and understanding of our individual whakapapa. (Genealogy apps, social media pages dedicated to supporting whānau and also whānau research departments like Te Tāhuhu at Wakatū Incorporation).

 

I strongly believe that whakapapa has a strong wairua element to it. Many of us may not know all our whakapapa, but our whakapapa knows us and will come to us in the right time. I have found that as you begin seeking it out, your tūpuna will create a way for each of us to find more and more.

 

Share an anecdote or a fact about your tūpuna on the 1892 list

One of my tūpuna Tiripa Wauwau, is represented on a kaho paetara (batten) in Whakatū marae – in my years of working for the marae, it was a daily reminder of my whakapapa.

 

When Tiripa was alive, she had plentiful gardens at Wakapuaka. Her Ngāti Koata whānau would stop in on their way to Nelson from Rangitoto ki te Tonga and exchange fish and titi for her vegetables and grain. She was a connector of people.

 

To me, this relationship seems to be why she was remembered and represented in our marae.

 

Can you tell us about your own whakapapa journey?

I grew up having a strong sense of identity in my whakapapa. I knew that I was a Solomon and what came with that surname attached. We grew up leaning more into our Kahungungu connection, but also knowing that we connected to Taranaki through my grandmother.

 

It wasn’t until my family and I moved to Nelson in 2020 that we learnt that my whakapapa connection ran deeper then I initially thought, with my Taranaki side being linked to Te Tauihu.

 

Aunty Bobbie Teariki and her whānau, and Aunty Celia Hippolite were the first people when we moved down to tell me that I was from here, so I am grateful for them and all the others who have helped me to feel at home.

 

I’m still on my journey but by doing the following things, it makes it easier to continue that journey – Having photos of our tūpuna in our kainga and teaching our tamariki about each of the tūpuna represented. Attending and engaging in iwi events. Taking all opportunities to connect with my marae and my whānau here. This helps grow a sense of belonging. Your actions today will make a big impact for those following tomorrow, so I’m so grateful to have had the opportunity to reconnect my whānau to our tūrangawaewae.

Faces of whānau | Jasmine La’auli, Ngāti Tama

Jasmine La’auli, Ngāti Tama

 

Jasmine descends from Rameka Te Ketu who is named on the Native Land Court List, 1892.

 

What does whakapapa mean to you?

Whakapapa is important to me and my whānau because it is our belonging and connection to our whenua and to our ancestors/tūpuna. It is our Māori heritage, our identity.

 

What is your connection to the Nelson Tenths whenua?

Our connection to Nelson Tenths whenua is through Rameka Te Ketu (Ngāti Tama ki Te Tauihu). He resided in Tākaka and lived there for many years before returning to Taranaki to help with the land wars.

 

What is your advice for someone starting out on their whakapapa journey?

My advice for someone starting on their whakapapa journey is to just start. If the information is not available or hasn’t been passed down to you there are some useful websites that may help you. Don’t let anyone’s thoughts or opinions stop you from finding out your whakapapa.

 

Can you share an anecdote about your tūpuna on the Native Land Court List, 1892

Rameka Te Ketu signed three major Ngāti Tama deeds of 1855 (Motupipi and Tākaka land) and 1856 (Separation Point) as well as the 1863 agreement with Ngāti Rarua over boundaries at Te Tai Tapu.

 

In 1863 he was falsely accused of killing a cow belonging to a settler. Constable Taylor’s investigations revealed that the cow actually belonged to Rameka Te Ketu himself and that it had poisoned itself by eating potato tops.

 

Can you tell us about your own whakapapa journey?

Our whānau weren’t lucky enough to have my koko Tiki Wharerangi Haare Hawe whakapapa passed down to us.

 

I started my whakapapa journey when I started working at the Māori Land Court. I started looking through old minutes, list of historic owners documents and started to find our tūpuna links to the blocks that were left in my whānau names through succession.

 

I first found our Ngāti Tama link through whenua we had remaining over in Tākaka.

 

Wakatū helped me with our Tama whakapapa as they showed me our link to Rameka Te Ketu. While on Te Rakau Pakiaka I researched and had help from colleagues to find out the bigger picture of when our whānau settled here, where they passed away, marriages and wives.

 

Although the way we have found our whakapapa is not the conventional way (I would have loved to have had it passed down to us), I had to start somewhere and was lucky enough to be able to trace and connect to our whakapapa we never had.

 

It is now our taonga that we can pass down for generations to come.

 

This is one of my biggest accomplishments and the journey is still going and will never end.