Scoop has an Ethical Paywall
Work smarter with a Pro licence Learn More

Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

Supreme Court on Crown’s obligations to Maori landowners

Supreme Court decision on Crown’s obligations to Maori owners of customary land –
Proprietors of Wakatu & Rore Stafford v Attorney-­General

The Supreme Court has determined that the Crown owed fiduciary duties to the owners of Maori customary land in Nelson, Motueka and Golden Bay. It is the first time that the New Zealand Courts have made such a determination. The decision was made by majority; 4 -­1.

The case goes back to the early days of colonial New Zealand when the settlement of Nelson (Whakatu) was being established.

The New Zealand Company purchased land from the Maori landowners on the terms that one tenth of the land area of the Nelson settlement would be set aside in trust for Maori landowners and their descendants and that pa, burial sites and cultivation areas would be excluded from the sale. The trust was called the Nelson Tenths’ Trust. The Tenths’ Owners claimed that the Crown took over the role of trustee of this estate in 1840 and was legally obliged to fulfill the terms of the sale agreement.

The eventual Nelson settlement was for 151,000 acres, of which one tenth was to be reserved for the Maori landowners. However, the Crown only ever reserved 5,100 acres, significantly less than the agreed amount, and in later years this was diminished further. By 1977 the estate was just 1,626 acres.

The Supreme Court accepted that the Crown never set aside in trust the additional acres required under the initial purchase agreement. It found that the Crown had a legal duty to ensure this occurred because it was acting as trustee.

Advertisement - scroll to continue reading

Are you getting our free newsletter?

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.

Chief Justice Sian Elias stated: ‘There is overwhelming evidence on the historical record that the Crown throughout intended to and did deal with the reserve land as a trustee.’ The Crown argued that at all times it was acting in its political capacity, rather than as trustee and therefore no legal duties applied. The Supreme Court rejected this argument because in this case ‘pre-­existing and independent property interests of Maori’ existed and those pre-­existing rights had been recognised by the Crown.

The Court has referred back to the High Court the question of determining the extent of the losses the Maori landowners suffered as a result of the Crown’s actions.

Kaumatua Rore Stafford, whose standing to bring the claim as a rangatira was unanimously upheld by the Supreme Court, described this is an emotional day. ‘The take (issue) about our whenua has been kept alive by our tupuna and our uri (descendants) for generations. This is the beginning of the next phase of our journey and we are delighted with the result.’

Final_backgrounder_paper_approved_28_Feb_2017.pdf

© Scoop Media

Advertisement - scroll to continue reading
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines


Gordon Campbell: On The US Opposition To Mortgage Interest Deductibility For Landlords


Should landlords be able to deduct the interest on the loans they take out to bankroll their property speculation? The US Senate Budget Committee and Bloomberg News don't think this is a good idea, for reasons set out below. Regardless, our coalition government has been burning through a ton of political capital by giving landlords a huge $2.9 billion tax break via interest deductibility, while still preaching the need for austerity to the disabled, and to everyone else...
More


 
 

Government: Concerns Conveyed To China Over Cyber Activity
Foreign Minister Winston Peters has confirmed New Zealand’s concerns about cyber activity have been conveyed directly to the Chinese Government. “The Prime Minister and Minister Collins have expressed concerns today about malicious cyber activity... More

ALSO:


Government: GDP Decline Reinforces Government’s Fiscal Plan

Declining GDP for the December quarter reinforces the importance of restoring fiscal discipline to public spending and driving more economic growth, Finance Minister Nicola Willis says... More

ALSO:


Government: Humanitarian Support For Gaza & West Bank

Winston Peters has announced NZ is providing a further $5M to respond to the extreme humanitarian need in Gaza and the West Bank. “The impact of the Israel-Hamas conflict on civilians is absolutely appalling," he said... More


Government: New High Court Judge Appointed

Judith Collins has announced the appointment of Wellington Barrister Jason Scott McHerron as a High Court Judge. Justice McHerron graduated from the University of Otago with a BA in English Literature in 1994 and an LLB in 1996... More

 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels


 
 
 
 

Join Our Free Newsletter

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.