The High Court hearing which begins today will examine the extent of the Crown's breaches and the remedies by way of land, and compensation. Photo: RNZ / Rebekah Parsons-King
The longest running property claim in the country - the Nelson Tenths - headed to back to the High Court today.
In the 1840s, Māori landowners around Nelson sold 151,000 acres of land to the New Zealand Company on the condition that 10 percent of their land would be reserved for Māori in perpetuity.
That agreement was never upheld. Rather than setting aside 15,100 acres, the Crown reserved less than 3000 acres.
The Supreme Court ruled in 2017 that the Crown had a legal duty to reserve the tenths for the customary owners.
Wakatū Incorporation chief executive Kerensa Johnston said the tenths agreement was a hugely significant part of Nelson's settlement.
"Originally 100 one acre sections were reserved here for the Nelson Tenths Trust. By 1848 almost half of those sections had been removed, but we know that some of that land is still in Crown hands, so that is definitely before the courts in terms of seeking its return."
The case was first taken by kaumātua Rore Stafford on behalf of the affected whānau, against the Crown in 2010, but ultimately goes back to the 1840s.
"Really, this has been a matter that's been outstanding for our families for well over 100 years, certainly from the perspective of Wakatū Incorporation, it's been an issue that's been at our table since we were established in 1977.
"We've always said the legal arrangements that were entered into in the 1840s actually do have legal teeth and significance, so the significance is that the court recognized that for the first time in 2017, so in that respect, it's an incredibly significant decision for New Zealand."
Six years ago, the Supreme Court decided in favour of the customary Māori owners, but despite efforts to resolve it outside court, there has been no resolution.
Johnston said it was always their preference to talk directly in order to resolve matters.
The organisation had approached the attorney general after the Supreme Court ruling, and later met with him to present a proposal to resolve the matter, but it had not progressed any further.
"It's a significant amount of money that's been earmarked for the litigation on the Crown side, and I think we are disappointed that that continues to be the approach that's been taken, albeit we understand there are outstanding matters that need to be worked through."
The High Court hearing which begins today will examine the extent of the Crown's breaches and the remedies by way of land, and compensation.
"There is absolutely land available from the Crown estate, to meet the duties that have been established by the Supreme Court. With respect to some of our occupation lands, or our papakāinga lands, some of that land has passed into private ownership and clearly that private land is not before the courts for the purposes of this case."
When asked about the case, a spokesperson for Attorney-General David Parker said he would not comment on matters that were before the courts.
Auckland University law professor Dr Claire Charters said the case was significant in many ways.
"It's of incredible constitutional significance that the courts are now entertaining legal claims against the Crown for historic grievances. What's really pivotal about that is that previously, through the Waitangi Tribunal, through settlements, it's a political process looking at potentially moral breaches."
Charters said like many others, she was interested in how the courts would remedy the breach of the Tenths agreement.
"You'd expect the starting point to be well, can you now, today, hand over those ownership of the remaining reserves that weren't allocated back in the early 1840s and then compensation, potentially where that's not available."
The High Court hearing began today in Wellington, and is set down for 10 weeks.
