Govt Moves to Amend Historic Injustice

  • Hon Chris Bishop
  • Hon Tama Potaka

Te Here ā Nuku (Nelson Tenths) Bill is being introduced to Parliament today, the final step in returning approx. 3000 hectares of land at the top of the South Island to its rightful owners, confirmed Attorney General Chris Bishop and Conservation Minister Tama Potaka.

"The passing of the Bill into law is an important step in concluding a historic trust law issue dating back to the 1840s," says Mr Bishop.

"In 2024 the High Court agreed the Crown did not own the land in question, rather it had been holding it on Trust for the original owners. This Bill allows title to be raised for the rightful owners.

"Last December, the Crown reached a Resolution Agreement with the landowners' representatives, Te Here-ā-Nuku Trust, confirming the return of the land in question.

"Te Here ā Nuku (Nelson Tenths) Bill helps implement that agreement, by enabling the legal transfer of the agreed land from the Crown to Te Here-ā-Nuku Trust."

Most of the affected land is currently being used by the Department of Conservation in the Nelson, Golden Bay and Tasman Bay area.

"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," says Conservation Minister Tama Potaka.

"Arrangements have been made for continued public use of key areas, such as the coast track along the Abel Tasman Great Walk, and public reserves at key sites, like Tōtaranui and Kaiteretere.

"The Bill also officially corrects the spelling of the name of Kaiteriteri to Kaiteretere (the correct, historic name used by the original landowners)."

"The Bill's passage is an important step in righting a historic wrong. It is very different from a Treaty settlement, which would settle historical claims concerning breaches of the Treaty of Waitangi and its principles. This is a trust law matter, where private land is being returned to its rightful and legal owners," says Mr Bishop.

"The Government is pleased to resolve this unique private law case and correct an injustice that has been running for more than 180 years."

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