About 7583 acres (3068 hectares) of land at the top of the South Island will be restored to descendants of its original Māori owners after a long-standing private litigation.
The land, which is located around Nelson, Tasman, and Golden Bay, includes the Kaiteriteri Recreation Reserve and the Abel Tasman Coast Track Great Walk.
There would also be a $420 million payment in compensation.
The Crown and the owners of the land, descendants of Te Tauihu Māori, agreed to allow continued public access to the sites which are currently used by Government agencies.
Private property is unaffected by the agreement. Land which has been used by the Crown for schools, roads, and conservation purposes will be transferred to its rightful owners, however the agreement allows the Crown to lease some of the land currently being used for important public purposes.
Minister of Conservation Tama Potaka said this means schools will continue to run as normal, and the public will be able to visit and enjoy the national park as they currently do.
“All bookings within the national park remain in place, and the Crown and Mr Stafford’s representatives have agreed the return of the land will be as seamless as possible for the public, tenants and businesses who use it.”
What is the case?
The case, which was brought by Kaumātua Rore Stafford against the Crown in 2010, originates in the 1840s, and is not a Treaty of Waitangi settlement, but rather a unique private law case.
Attorney-General Judith Collins KC said Treaty settlement cases involve historical claims concerning the Treaty of Waitangi and its principles, but “in this case, we are simply returning the land to its rightful and legal owners".
In the 1840s, the Crown agreed to reserve 15,100 acres of land – which was a tenth of the land being granted to the New Zealand Company at the time – for the land’s original owners and their descendants. The agreement to reserve the land was in part-payment for the company’s purchase of the land.
The Crown failed to keep its side of the deal, and in 2017 the Supreme Court ruled it had a legal duty to the original owners.
By 2024, the High Court confirmed the land in parts of Nelson, Tasman, and Golden Bay, had been held on trust by the Crown and had always belonged to descendants of the original owners.
Te Here-ā-Nuku Making The Tenths Whole project lead Kerensa Johnston said the agreement was hugely positive for all parties.
"It resolves longstanding uncertainty for our people and region, upholds the rule of law and property rights relevant to all New Zealanders, and heals rifts that are generations deep.
"It allows us to turn our focus to the future and how we might achieve wellbeing and prosperity for our whānau and region - the original purpose of the Nelson Tenths agreement."
She acknowledged the courage and perseverance of kaumātua and plaintiff Rore Stafford for many years.
"Uncle Rore first raised this issue with the Crown 39 years ago. It is a deep relief that the land will now finally be returned to its legal owners and protected for the next generations."
Johnston said while there were some matters to still work through, it was exciting to be able to look to the future and develop plans to enhance the local economic, cultural and environmental wellbeing.
Now the case has been settled, Potaka said both parties are mindful of the need to balance legal ownership with how the land is currently being used, and the desire for certainty for everyone.
“Everyone acknowledges that the Great Walk and Reserve are important sites, much loved by locals and visitors, and that they are of deep significance to the original owners, local business operators and future generations.”
Collins said the Government was pleased to resolve the unique private law case, and thanked Stafford and his whānau for being patient “across many years”.
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