PHOTO: New Zealand Company
In a groundbreaking decision, iwi from Te Waipounamu have been granted rights to thousands of hectares of land and millions in compensation due to an unfulfilled land deal from the 1830s. High Court Justice Rebecca Edwards’ interim findings favored kaumātua Rore Stafford’s case, filed on behalf of the Ngāti Rārua, Te Ātiawa, Ngāti Tama, and Ngāti Kōata iwi, aiming to reclaim the Nelson Tenths, a 15,100-acre parcel intended as an endowment.
This case originated from a New Zealand Company land purchase in 1839 for 151,000 acres in Te Tauihu, which was later recognized with a promise to reserve one-tenth of this land for iwi benefit. However, after the Crown’s acquisition, only a third was actually set aside. The shortfall, compounded by further withdrawals over the years, prompted iwi action. Justice Edwards’ judgment affirms that the Crown breached its duty by failing to reserve over 10,000 acres and mishandling additional lands that were supposed to remain in customary use, such as pā (villages), urupā (burial grounds), and cultivation sites.
Kaumātua Rore Stafford, on the left, first took action against the Crown in 2010. Photo: Supplied / Melissa Banks Photographer
The judgment highlights the significance of equitable and fiduciary responsibilities of the Crown, noting that while iwi losses could merit up to $6 billion, final compensations will likely be below $1 billion. Justice Edwards clarified the unique nature of this case, emphasizing that it does not broadly apply to other Māori land claims as it specifically addresses this historical contract. This decision is set to advance the conversation on iwi land rights in New Zealand, reaffirming the importance of honoring historical agreements.
SOURCE: RNZ