Māori landowners at the top of New Zealand’s South Island are set to reclaim more than 3000 hectares of land in a historic settlement with the Crown. This agreement, announced in Wellington, marks a significant resolution to a longstanding grievance dating back to the 1830s.
During that period, Māori in Te Tauihu were assured by the New Zealand Company that they would retain one-tenth of the 151,100 acres sold. However, they received less than 3000 acres, leading to a breach of the original agreement. The Crown grant, known as the Spain Award issued in 1845, intended to reserve a tenth of the land for the customary owners, but this promise was not fulfilled.
Historic Court Ruling and Government Response
In 2017, the Supreme Court ruled that the government must honor the original deal from the European settlement era. Despite efforts to resolve the issue outside court, a satisfactory settlement was elusive until now. Attorney-General Judith Collins and Conservation Minister Tama Potaka announced the agreement, which includes the return of 3068 hectares to the descendants of the original owners.
Significantly, the agreement encompasses the Kaiteriteri Recreation Reserve and parts of the Abel Tasman Great Walk. Additionally, a $420 million compensation payment acknowledges the land sold by the Crown since 1839 and the loss of earnings and land use.
“In this case, we are simply returning land to its rightful and legal owners,” said Collins. “The Crown failed to keep its side of the deal, but the Supreme Court ruled it had a legal duty to the original owners.”
Legal and Cultural Implications
Collins emphasized that this agreement differs from Treaty settlements, which typically address historical breaches of the Treaty of Waitangi. Instead, this settlement corrects a historical injustice by returning land to its rightful owners. The Attorney-General expressed that reaching an agreement was the right course of action, acknowledging the emotional significance of the occasion.
She noted that when the New Zealand Company went into liquidation in the 1850s, the Crown assumed its responsibilities, including assets but not liabilities. The land in question was specifically excluded from previous Treaty claims, and Collins is not concerned about this case setting a precedent for similar claims.
“The land itself was never ours…it was clearly held in trust,” Collins stated, reinforcing the legal clarity of the case.
Public Access and Future Relations
The agreement ensures continued public access to areas currently used by government agencies. Potaka confirmed that the Department of Conservation has worked closely with the landowners to maintain access to the Abel Tasman Great Walk and Kaiteriteri Recreation Reserve.
“Visitors, tourism operators, and local communities can be assured there will be no immediate changes to access or day-to-day use,” Potaka said.
The Crown will lease some of the land for public purposes, such as roads and schools, while private property remains unaffected. This balanced approach respects both legal ownership and the current use of the land.
Leadership and Resolution
Prime Minister Christopher Luxon acknowledged the patience and pragmatism of the customary landowners throughout this process. He thanked the Attorney-General and other negotiators for their efforts in reaching this resolution.
“I want to thank our Attorney-General Judith Collins, for her leadership…and our negotiators who worked incredibly hard on both sides to bring us to this day,” Luxon stated.
Te Here-ā-Nuku project lead Kerensa Johnston highlighted the end of over a decade of litigation, noting that the original landowners were still short of the land due under the original deal. Johnston praised the leadership that adhered to the rule of law, making the agreement possible.
The case was poised for a Court of Appeal hearing next April, but the High Court’s guidance last October prompted a resolution. The trust now focuses on ensuring a seamless ownership transition, maintaining public access to cherished sites.
“These are places that we know and love very much as the customary owners,” Johnston said, emphasizing the importance of community and regional engagement.
This landmark agreement not only rectifies a historical wrong but also sets a precedent for how similar cases might be approached in the future, balancing legal rights with public interests and cultural heritage.
