Published: 27 November, 2024
Te Here-ā-Nuku| Making the Tenths whole
November 01, 2024
Nelson Tenths High Court Decision
Tēnā koutou e te whānau,
The High Court released its decision regarding Stafford v Attorney General yesterday, and Te Here-ā-Nuku Working Group are so pleased to share that it is a strong decision in our favour of ngā uri.
While there are still outstanding matters to decide, including the details of the award to be made, yesterday’s judgment is ultimately a significant victory for Uncle Rore, the customary owners of the Nelson Tenths Reserves who 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 everyone of us in Aotearoa, New Zealand.
The Working Group will take some time now to process the detail of the decision and decide next steps. You can stay updated through Te Here-ā-Nuku and find links to their channels below.
Thank you to all of the whānau who have supported this kaupapa, and particularly those who supported the High Court proceedings in Wellington last year.
In the meantime, you can read the full decision of the High Court and the summary decision below.
Summary of the High Court Judgement
“We are relieved that this right has been borne out today and that property wrongly taken in breach of trust law will finally be returned to its owners.”
— Kerensa Johnston Project Lead of Te Here-ā-Nuku
Update: November 24, 2024
Te Here-ā-Nuku| What next following the High Court decision?
Tēnā koutou e te whānau,
It’s been a big few weeks since the High Court’s decision regarding Stafford v Attorney General was released. Te Here-ā-Nuku working group has spent a lot of time processing the detail of the decision, taking legal advice, and considering their options around the next steps to take.
As you know, the decision went strongly in our favour, and we were successful in many of our key arguments. This is incredibly significant for our region, and we are so grateful to whānau for the support and trust you have shown on the long journey to this important milestone. We are not there yet, however, and we are taking our next steps carefully.
Here are some of the key elements the Working Group is currently considering or addressing:
Remedies
In her decision, the Judge made interim findings that the Crown holds certain land on trust for the benefit of the customary owners, and that compensation is also payable. To decide what form this will take, however, the Court has requested further information around the exact acreage of land to be returned, the application and calculation of simple interest, and other issues.
We are working with our expert witnesses and specialists to provide these submissions to the Judge. Some of this work must also be completed by the Crown – for example the identification of land held by the Crown that is available for return.
Continued litigation
We are currently in the period in which either party may appeal the decision. Given the Government (specifically Te Arawhiti, the Office for Māori-Crown Relations) already put aside $3.6 million in this year’s Budget for an appeal, it is very possible that they will choose to appeal the decision.
If this were to happen, we will need to carefully consider our options regarding a cross-appeal. Further litigation would delay the resolution to our case.
Negotiation
Our strong preference is to end the litigation and to resolve this dispute out of court. With this in mind, we have written to the defendant, Attorney-General Judith Collins, to request a meeting to negotiate the implementation of the High Court decision. We are currently awaiting a response, noting that the period in which either party can appeal is toward the end of this month. The Crown’s decision to appeal or not will largely influence our next steps, and we will be able to update you on this next month.
Stay Updated
News and updates are regularly posted on the Te Here-ā-Nuku social channels. Please follow these if you would like to stay updated.
Website: www.tehereanuku.nz
Facebook: https://www.facebook.com/makingthetenthswhole
Instagram: https://www.instagram.com/makingthetenthswhole/
LinkedIn: https://www.linkedin.com/showcase/making-the-tenths-whole