L I T IG AT ION U P DAT E
Next steps: litigation update
In
February 2017, the Supreme Court of New
Crown-held land in the Nelson area until our
Zealand delivered a ground-breaking
proceedings are resolved. The attorney-general has,
decision in the case of Proprietors of Wakatū &
so far, refused to make this declaration. As a result,
Others v Attorney-General, determining that the
we will be in the Wellington High Court in April
Crown owes a fiduciary duty to our families, the
2020, arguing that the attorney-general should
Māori customary owners of the Nelson Tenths’
exercise his powers to prevent any further land loss
lands and occupation lands in Whakatū, Tasman
in our region so that there is enough Crown land
and Mōhua, to reserve and protect 15,100 acres of
left to enable the Crown to meet its obligations as
Tenths’ land, as well as our papakāinga, cultivation
the trustee to the owners of the Nelson Tenths’.
and wāhi tapu lands. Over the past three years, our team has been
In other words, we want to ensure that there is land left in our rohe, so the Crown can return that
busy working with the Crown to resolve these
land which ought to have been included in the trust
proceedings. The proceedings are led by our
to the owners of the Tenths’.
kaumātua, Rore Stafford, on behalf of all of the
This will resolve the Crown’s breach of trust
owners of the Tenths’ Reserves. The owners include
against the owners of the Tenths’, which led to a
those families who make up the shareholders
significant shortfall with respect to the amount of
of Wakatū today and descend from the original
land that was reserved for the owners – well short
owners of the Nelson Tenths’ identified by the
of the 15,100 acres guaranteed by the Crown grant
Native Land Court in 1892, as well as all other
in 1845.
descendants of the original Māori land owners as identified by the Court. A great deal of research has now been completed to identify the land for return. At the same time, we have taken further legal proceedings against the Crown to stop it from selling any more land in the Nelson region before it has resolved these
HIGH COURT HEARING
proceedings. The Crown has tried to sell or alienate
Please come along to the High Court hearing in
several blocks of land in Nelson during these last
April to learn more about the case. All Wakatū
three years, and as a result, we have filed caveats
whānau are very welcome to attend. The details
against land held by the Crown to stop any further
for the court hearing are:
land losses. We do not believe, in principle, that the Crown is the rightful owner of this land. It is land that should have been part of the Tenths’ Trust – and on that basis it is Trust property, which belongs to our whānau, the beneficiaries of the Trust, rather than the Crown. Following the Supreme Court decision in 2017, the Crown is not free to deal with the land it holds within the Nelson region as it sees fit. We have also asked the attorney-general to make a declaration preventing the sale of any further
Monday 20 April–Thursday 23 April, 10 a.m., Wellington High Court, 2 Molesworth Street, Wellington. Nau mai, haere mai. All are welcome to attend. The case is led by our kaumātua, Rore Stafford, with the working committee and legal team in support. Please contact Kerensa Johnston, Wakatū CEO, hono@wakatu.org if you have any questions or would like further information.
19
