Kerensa Johnston is the CEO of Wakatū Incorporation and project lead for Te Here-ā-Nuku | Making the Tenths Whole
Opinion: At first glance, New Zealand’s new right-wing Government might not seem the type interested in settling a long-running historic Māori land claim as its first point of order.
Particularly when this litigation has already passed like a rugby ball through four previous terms of government, without resolution.
Despite this, for the customary Māori owners of the Nelson Tenths Reserves, the change of guard brings with it hope and expectation. Particularly as this is a case firmly focused on private property rights and the rule of law in our country.
As the beneficiaries of what may be the largest and longest running litigation against the Crown in New Zealand’s history, we watched with mixed emotions as the election and ensuing negotiations unfolded.
It’s fair to say we’ve been frustrated by the Labour government’s lack of engagement with us to resolve this during their six years in office.
We were disappointed with Labour’s decision to allocate $5 million of taxpayer funding in this year’s Budget to continue fighting us, despite the Supreme Court’s decision in our favour in 2017. We have a lot vested in the policies and personalities of those now in power.
So what will the change in government mean for the Nelson Tenths?
Firstly, our case is against the Crown, which to all intents and purposes is the Government.
Government ministers have the power to decide whether to continue litigation, appeal legal decisions and fund their ongoing legal defence using taxpayer dollars – or not.
Secondly, we have a new Attorney-General, the Hon. Judith Collins, who is now the defendant in our case.
She might follow in the footsteps of her predecessor David Parker who, for much of the last six years, ducked for cover when it came to meeting with us.
In our most recent High Court hearing, he was also happy for Crown lawyers to take an extraordinarily hardline approach that not a single acre of land should be returned – despite the Crown’s acknowledgement before the Supreme Court that much of the land subject to our private law case was never reserved as agreed or required by the law.
But our hope and expectation is that Minister Collins and her government will take a different approach to her predecessor.
We hope she will reflect on this long-running litigation, honour the Supreme Court decision in our favour, which affirms important property and legal rights, and opt to end this costly battle once and for all, through a negotiated settlement that benefits the Māori landowners here in Nelson, our Nelson community, and Aotearoa as a whole.
In many respects, coming to an agreement aligns with the policies and principles of our new coalition.
In his speech on the day the coalition agreement was signed, Prime Minister Christopher Luxon talked about building a fair New Zealand. Presumably, this applies to fair treatment of Māori with regards to their property rights and access to New Zealand’s legal system.
In the run-up to the election, coalition partner and ACT leader David Seymour was asked by Julian Wilcox on The Hui whether ACT would agree to the return of the 15,000 acres promised to the owners of the Nelson Tenths.
His response? That ACT respects common law, property rights and the right of people to have their day in court.
These are all fundamental elements of our case. (Mr Seymour was speaking generally as he said he hadn’t been briefed on the case).
And the Hon. Winston Peters, now Deputy Prime Minister, believes in every Kiwi being treated the same.
Our legal strategy, therefore, grounded in the belief that the customary owners of the Nelson Tenths Reserves - as Māori, as New Zealanders, and as property owners - are entitled to the full protection of the law in the same way as any other group or person in Aotearoa, ticks this box.
Without follow-through, courage and commitment, however, speeches and principles like those made by our new leaders, will remain purely aspirational.
Based on expert economic evidence currently before the Court, the value of our case is significant and will transform our local economy.
We are currently awaiting the decision of the judge, which we expect early-mid 2024.
If the decision goes in our favour, the government has a couple of options.
It could appeal, necessitating further costly litigation paid for by the taxpayer, and adding to the two High Court hearings, one Court of Appeal hearing and one Supreme Court hearing that have already taken place, thus drawing out our 180-year case for many more years – despite the Supreme Court already finding in our favour with respect to the legal obligations owed by the Crown.
Or the new government could take a more pragmatic and principled approach and join us at the table to reach a constructive outcome in the best interests of all parties, and the New Zealand public in general.
The Prime Minister, his responsible Ministers and the Attorney-General have a remarkable opportunity here to forge a solution and restore the Crown’s mana with regard to this litigation.
And that is why, for all those impacted by the broken promise of the Nelson Tenths Reserves, we welcome our new Government with hope and expectation.
- Stuff