Opinion: In a move that raises questions about its priorities, the government has chosen to allocate $5million of taxpayer money in the Budget to engage in a protracted legal battle against the customary landowners of the Nelson Tenths Reserves.
It’s a decision that lacks economic prudence and, following the Supreme Court ruling in favour of the customary owners in 2017, illustrates another failed opportunity to resolve matters directly.
Instead of throwing good money after bad, the government should reconsider its approach and focus on pursuing a principled and pragmatic solution that serves the best interests of all parties involved.
The case relates to the Nelson Tenths Reserves and cultural lands in the Nelson region, and the Crown’s fiduciary duties concerning this land. For many years, the customary Māori owners, led by kaumātua Rore Stafford, have fought for the Crown to restore the lands to the whānau and hapū who descend from the original owners of the Reserves, who were identified by the Native Land Court in 1893.
This is not a Treaty case, and this is important. It is a case about trust law and the Crown’s legal obligations as the trustee to act in the best interests of the Tenths’ owners, which it failed to do.
In 2017, the Supreme Court, our highest court, ruled in favour of the customary landowners. It decided that the Crown has a legal duty to reserve the Nelson Tenths land for their benefit as well as protect their cultural lands, including papakāinga, across the region.
Plan of the town of Nelson 1842 showing Nelson Town Sections, including the’Native Reserves’in green.
The Supreme Court directed the parties back to the High Court to argue the extent of the Crown’s breach, remedies and any Crown defences. This case is due to be heard in the High Court in Wellington from 14 August this year, in what will be a costly and, no doubt, unsatisfactory battle.
Unfortunately for the taxpayer, the government’s strategy of continued litigation fails to address the Crown’s duties as fiduciary in relation to the land. The current mindset needs to change to a solution-focused approach. And this must be driven from the top.
Attorney General David Parker has a defining opportunity to lead a principled and constructive solution. He must join us at the table to find a solution that aligns with the Supreme Court decision, fulfils the government’s duty as trustee of the Nelson Tenths land, and serves the best interests of the landowners, Nelson, and New Zealand as a whole.
It is likely that Minister Parker will say that the government is simply following due process and that the $5million, multi-year allocation is justified.
We believe, however, that the best way to accept and face the Supreme Court’s ruling and the Crown’s duty is to step out of the courtroom and join us at the table to resolve the matter directly.
A resolution will have enormous benefits in the Nelson region and beyond. It will foster economic growth and social and cultural cohesion in our region. It will pave the way for mutually beneficial partnerships and wellbeing based on the vision our tūpuna had at the time of the settlement of Nelson, when we agreed to the city being established on the basis that one-tenth of the settlement land would be reserved, and our homes and other important places would be protected.
In the six years since the Supreme Court decision, we have submitted proposals to the Minister, with little meaningful feedback or engagement. In our minds, the ball is now firmly in his court.
A parting call, therefore, to the Attorney General.
This case has been argued in some form, by our whānau, for more than 180 years. It is time for a proactive solution. Let’s meet at the table to resolve a solution that restores the government’s mana and delivers certainty, prosperity and justice for our whānau and region. And saves the taxpayer $5million in the process.
Johnny McGregor
Chair, Wakatū Incorporation