Court hears Nelson Tenths case could undermine all Treaty settlements

A court has heard a case brought by descendant's of Māori landowners in Nelson could undermine all Treaty of Waitangi settlements.

The Crown opened its defence this week in the Wellington High Court as part of a 10 week hearing into what's known as the Nelson Tenths.

Lawyer for the Crown Jason Gough said they are not downplaying past grievances by defending this case.

"We have acknowledged and apologised for the historical wrongs that the Crown has committed in relation to Te Tau Ihu. We have done so through the deeds of settlement and we defend this action in private law without resigning from any of those acknowledgements".

The Nelson Tenths dates back to an agreement made between the Crown and customary Māori landowners when Nelson was established more than 180 years ago.

The Māori landowners were promised 10% of the land and to keep areas of cultural significance, which didn't happen.

Treaty settlements have been made with Iwi in the top of the south with the Crown arguing that's the proper process.

Former treaty negotiator Jane Fletcher said the descendants are all members of the iwi, so would have benefited from the treaty settlements.

"Issues in respect of the Nelson Tenths reserves were incorporated into the settlements for all eight iwi in different ways," she said.

Te Arawhiti, the Office of Crown Māori Relations, Chief Executive Lil Anderson said the treaty settlements were designed to be final.

"I am also concerned that this litigation could more broadly now effect the durability of the now more than 100 settlements so far negotiated across the motu".

The descendants want the land from the original agreement - and still held by the Crown - returned to them. They also want compensation saying they've lost more than $1 billion.

But Anderson said that would have significant flow on effects. "The lower end of the plaintiff's claim for compensation would still represent a value nearly double the amount of financial and commercial redress agreed across all one hundred settlements to date.

"This could place significant pressure on the Māori Crown relationship and undermine three decades of good faith engagement."

The descendants said treaty settlements were a political remedy, not a legal one. In 2017 a supreme court found in their favour, but sent the matter back to the high court to work through key issues.

More on this topic

Māori landowners in Nelson say $1b lost by Crown's broken promise

A hearing started in the High Court in Wellington this week about the Nelson Tenths, the country's oldest property claim.

Te Ao Māori

August 19, 2023

2:19

The case is complex and being argued as trust law, but there's disagreement about whether the land is in a trust and which land was subject to the agreement.

The high court hearing will work to sort out three key issues – the extent of the breach, any defences from the Crown, and potential remedies.