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

At its core, Stafford v Attorney-General is about reconnecting whānau and returning our people to the position we ought to have been in if the Crown had fulfilled its promise in 1845.

 

This powerful statement by Rōpata Taylor, Ngāti Rārua, Te Ātiawa, Ngāti Tama, Ngāti Koata, encapsulates these aspirations.

 

With few resources it seemed unlikely we could ever break the cycle of poverty. The departure of so many [of our people] had profound consequences for our whānau, as the connection to Te Tauihu, to one other, became tenuous.

 

However, although the fires dimmed, they were never fully extinguished.

 

Whakapapa runs deep – and what had happened to our families, to us, was a burden and responsibility we carried with us across time and space.

 

Now we want to rekindle the fires for all of our people that left and bring them back home to ‘make the whānau whole’.

 

More about Rōpata Taylor

Every morning at 9.30am, whānau and supporters will be gathering outside the courtroom for karakia and waiata.

 

We extend a warm invitation to all whānau and supporters to join us.

 

Here is the Wakatū Karakia and waiata resource (PDF) to help build confidence in singing waiata at mihi whakatau or pōwhiri and to assist you in using a karakia to open or close a hui, meeting, or bless kai.

 

Whānau are welcome to bring their own karakia and waiata to share, too.

 

Thank you for your support.

Our High Court hearing will be held in Wellington from 14 August 2023 and is scheduled to run for approximately ten weeks.

Here are a few key details:

 

Date: 14 August 2023 – October 2023

 

Address: Wellington High Court, 2 Molesworth Street, Wellington

 

Parking: Parking is not available at the High Court, however there is a number of paid parking options in the area. Parking options close to the High Court.

 

Seating: The Wellington High Court has limited seating capacity. To help us understand numbers, we kindly ask whānau and supporters to let us know if you plan to be at the hearing in person, and the days you plan to attend, by emailing korero@wakatu.org.

 

Karakia: We will have karakia throughout the hearing, and the arrangements for this will be advised by our kaumātua closer to the hearing.

 

Livestream: For those who are unable to join us in person, we are in the process of arranging livestream links to watch online.

 

Staying updated: We will be providing regular pānui updates and posts on social media to ensure whānau and supporters are kept up-to-date throughout the duration of the hearing.

 

Questions about the hearing: Please get in touch with the team by email at korero@wakatu.org or phone 03 539 3413.