The Government has introduced legislation to Parliament that will enable the return of around 3,000 hectares of land at the top of the South Island to its customary owners, bringing an end to one of New Zealand’s longest-running Māori land disputes.
The Te Here ā Nuku (Nelson Tenths) Bill was introduced on Monday and will give effect to a resolution agreement reached between the Crown and Te Here-ā-Nuku Trust last year, following a series of court rulings over land ownership in Nelson, Tasman and Golden Bay.
The dispute dates back to the 1840s and centres on land that was intended to be held for the benefit of Māori customary owners during the establishment of the Nelson settlement.
Attorney-General Chris Bishop said the legislation was the final step in resolving a historic trust law issue after the High Court found in 2024 that the Crown did not own the land in question.
“The Crown did not own the land in question, rather it had been holding it on trust for the original owners,” Bishop said.
“This Bill allows title to be raised for the rightful owners.”
Under the agreement, signed in December, the Crown will transfer approximately 3,000 hectares of land to Te Here-ā-Nuku Trust and provide $420 million in compensation for land that cannot be returned.
The legislation removes the Crown as trustee and enables legal title to be transferred from the Crown to Te Here-ā-Nuku Trust, which represents the descendants of the original owners.
Hoki whenua mai
Much of the affected land is currently managed by the Department of Conservation.
Conservation Minister Tama Potaka said arrangements had been put in place to ensure continued public access to popular recreational areas and tourist destinations.
“To minimise the impact on current land users, the Resolution Agreement allows the Crown to lease back some of the private land currently being used for important public purposes,” Potaka said.
The agreement includes a 25-year arrangement covering the Abel Tasman National Park coastal track and the Tōtaranui Great Walk campsite, with public access, bookings and tourism operations continuing as normal.
The Crown and Te Here-ā-Nuku Trust have also agreed that there will be no immediate changes to access or day-to-day use for visitors, local communities and tourism operators
DOC will continue to undertake much of the public-facing management work.
Several high-profile public sites are affected by the transfer, including Tōtaranui, Kaiteretere, Te Waikoropupū and Rabbit Island.
The bill will also formally correct the spelling of Kaiteriteri to Kaiteretere, reflecting the historic name used by the original landowners.
Not a Treaty settlement
A key feature of the legislation is the Government’s insistence that it is not a Treaty settlement.
Bishop said the case stemmed from trust law and decades of litigation rather than historical Treaty claims.
“It’s largely a case, or a series of cases, and a stack of litigation of its own. It’s largely trust law.”
Asked whether the settlement could set a precedent for future claims, Bishop suggested the circumstances were unique.
“I don’t think so. It’s a complicated case with a history all of its own.”
He said the origins of both the legal action and eventual resolution lay in trust law principles and the way the Crown had historically dealt with the land.
Although ministers stress the Nelson Tenths resolution is not a Treaty settlement, the $420 million compensation package is among the largest redress arrangements involving Māori.
By comparison, around $3 billion in financial and commercial redress has been transferred through approximately 80 Treaty settlements since the 1990s.
The legislation follows more than 16 years of litigation and successive governments attempting to resolve the issue.
Bishop acknowledged the dispute had been a “long-running sore” and said his goal was to pass the legislation before the next election.
Labour Māori Development spokesperson Willie Jackson welcomed the bill and indicated Labour would support its passage.
“Obviously it’s a little bit ironic that the biggest anti-Māori government in history is now advancing this, but good on them.”
Jackson said the issue had also been considered under the previous Labour Government, but ministers were required to work through significant legal and financial implications.
“You could argue everything sets a precedent,” he said.
“There were some robust kōrero at the time, but we had to go through a process too.”
Jackson said Labour’s Māori caucus strongly supported the return of the land but governments had a responsibility to carefully assess claims of such magnitude.
“When you’ve got a 4 hundred million-dollar-plus settlement, there’s a certain responsibility that goes with that.”
While Labour did not complete the settlement while in office, Jackson said there had been opposition to the claim itself.
“There was no real opposition, but governments go through those processes.”
Jackson said it would have to go through caucus, before they confirm if they would support the legislation.
‘Multiple levels of the court system’
The dispute stems from arrangements made during the establishment of the Nelson settlement in the 1840s, when Māori customary owners were promised that one-tenth of the land would be reserved for their benefit.
Over time, disputes arose over whether those commitments had been honoured and whether land held by the Crown remained subject to ongoing trust obligations.
A landmark Supreme Court ruling in 2017 found the Crown owed legal duties to the descendants of the original Nelson Tenths owners and cleared the way for further litigation.
Subsequent court proceedings culminated in a 2024 High Court finding that significant areas of land had been held on trust by the Crown rather than owned outright, paving the way for the Resolution Agreement reached last year and the legislation now before Parliament.
The bill is expected to have its first reading on Thursday.
‘Significant milestone’ - Te Here-ā-Nuku
Te Here-ā-Nuku Trust welcomed the bill’s introduction, describing it as a significant milestone in implementing the agreement reached with the Crown last year.
Trustee Kerensa Johnston said the legislation was a practical step required to complete the transfer of ownership.
“This is technical legislation that provides the legal mechanism needed to transfer title of the private land from the Crown to Te Here-ā-Nuku Trust,” she said.
Johnston said the Resolution Agreement signed in December 2025 brought an end to more than 15 years of litigation, following generations of advocacy by customary owners seeking recognition of their rights.
The Trust is also holding an online hui for whānau on Tuesday evening to provide information about the bill, the parliamentary process and preparations for the transfer of lands and assets.
The engagement hui is expected to update descendants on the next steps as the legislation progresses through Parliament.
The Attorney General hopes the legislation will pass before the election.
