A bill to return thousands of hectares of Nelson Tenths land to its customary owners has passed its first reading in Parliament, marking another milestone in a journey spanning more than 180 years of advocacy and 17 years of court proceedings.
The Te Here ā Nuku (Nelson Tenths) Bill will implement a Resolution Agreement signed between the Crown and Te Here-ā-Nuku Trust in December last year, enabling the transfer of around 3,000 hectares of land and $420 million in compensation for land that cannot be returned.
Whānau from across Te Tauihu travelled to Parliament to witness the first reading.
Trustee Kerensa Johnston said the occasion represented far more than a parliamentary milestone.
“It’s a really exciting day for us today. It’s been 17 years of really hard-fought private law litigation before the courts. It feels like it’s taken us a really long time to get to this day.”
She said the achievement reflected not only the court battle, but more than 180 years of advocacy by descendants seeking the restoration of their whenua.
“Our whānau have been actively lobbying and working towards the restoration of our trust property, our whenua here in the top of the South Island.”
“I would say it’s taken a lot of determination, perseverance.”
“That mahi has been held by our kaumātua and, of course in particular Uncle Rore Stafford, who’s led this kaupapa for us before the courts in the last 17 years.”
The dispute stems from arrangements made during the establishment of the Nelson settlement in the 1840s, when Māori customary owners were promised one-tenth of the settlement lands 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 High Court rulings in 2024 and 2025 paved the way for the Resolution Agreement signed in December last year.
The legislation enables legal title to be transferred from the Crown, as the former trustee, to Te Here-ā-Nuku Trust.
Attorney-General Chris Bishop repeatedly stressed the legislation is not a Treaty settlement, but the implementation of a private law resolution arising from decades of litigation.
“It’s not a Treaty settlement,” Bishop said earlier this week.
“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 outcome set a precedent for future claims, Bishop said he did not believe it did.
“I don’t think so. It’s a complicated case with a history all of its own.”
The bill gives effect to a Resolution Agreement reached under the current National-led Government, after successive governments grappled with the case for years.
Johnston said one of the reasons progress had accelerated was that the case was argued as one of private property rights rather than Treaty settlement policy.
“The unique thing about this litigation, when we began it, we very much focused it in the realm of private property rights.”
“Our argument was pretty straightforward, actually. It was just applying the law to us with respect to property in the same way that you would apply to anybody else in our country.”
She said those principles resonated with then Attorney-General Judith Collins, who played a key role in negotiating the Crown’s response following the final court decisions.
“That private property rights argument is one that resonates with our current government, and I think our Minister Collins believed really strongly in that principle.”
“Could see how robust the process had been through the courts, and so was quite determined actually to support that.”
Johnston said the experience demonstrated what could be achieved through leadership across political lines.
“It is amazing what is possible when there is real courage and leadership on all sides to resolve something that’s a long-standing matter in the interests of the long term and all of our community.”
Much of the land is currently managed by the Department of Conservation, with the agreement ensuring continued public access through lease arrangements.
A 25-year agreement guarantees ongoing access to the Abel Tasman coastal track and the Tōtaranui Great Walk campsite, while bookings and day-to-day management will continue as normal.
Johnston said while the first reading marked the end of one chapter, the real work was only just beginning.
“The work begins now in terms of thinking about what next for us as a collective.”
She said the restored trust would allow descendants to once again pursue the aspirations their tūpuna originally envisaged.
“What this settlement offers is really the chance to realise the aspirations that our tūpuna had collectively with our region as a whole.”
“I think for the wider public, I think this is something we should be incredibly proud of, actually.”
“I think it’s gonna bring real benefits not just to our rohe actually, not just here at home in Te Tauihu but across the rest of the country.”
