Whānau travelled from Whakatū (Nelson) and across the
motu to witness the historic Third Reading of Te
Here-ā-Nuku (Nelson Tenths) Bill at Parliament
today.
The Bill provides for the transfer of legal
title to private Nelson Tenths land from the Crown, as
former trustee, to Te Here-ā-Nuku Trustees, to hold and
protect for Ngā Uri, the beneficiaries of the
Trust.
It marks an important step in implementing the
Resolution Agreement signed between Te Here-ā-Nuku Trust
and the Crown on 17 December 2025.
Kaumātua Rore
Stafford, who led the fight for justice for the descendants
over almost 40 years, including as lead plaintiff throughout
the litigation, said the moment brought many
emotions.
“You must never give up,” he said. “There
are so many different emotions over such a long time, but we
had to keep going, we had a job to do.”
He said the
journey, at its heart, was about whenua and whakapapa.
“Family and mokopuna made me keep fighting. This is for
them. The mokopuna who are not yet born, who we will never
see. We have done something for them.”
Te Here-ā-Nuku
Trustee Kerensa Johnston said the Bill’s passage was a
historic and significant milestone for Ngā Uri, the
descendants of the original owners, and for Te Tauihu (top
of the South Island), more broadly.
“Our whānau has
carried this kaupapa for generations and supported the
resolution of this matter for many years, at great cost. The
legal proceedings were, at times, incredibly challenging. It
was momentous for our whānau, and for the many people in
our community who stood alongside us, to finally resolve the
litigation.
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“Today is another significant step on
that 180-year journey. It is a moment to acknowledge those
who came before us, those who carried this kaupapa over
generations, and the responsibility we now have to carry it
forward.”
The importance of the case had also drawn
attention well beyond its origins in Te Tauihu she
added.
“The 2017 Supreme Court ruling that the Crown
owed a fiduciary duty to Ngā Uri is recognised as a
landmark decision in trust law, cited in legal commentary
here and abroad. The case itself was raised with the United
Nations Special Rapporteur on the rights of indigenous
people during a visit to the region.
“Nationally, we
believe it stands as New Zealand’s longest-running property
law dispute, and its resolution upholds the rule of law and
property rights that matter to all New
Zealanders.”
She said the Trust could now turn its
attention to the future with both certainty and
excitement.
“We’re incredibly excited and hopeful
for this new chapter. There’s a lot of hard work to do,
but our responsibility is to carry the original purpose of
the Nelson Tenths for Ngā Uri today and for the generations
who come after us.
Resolution Agreement
On 17
December 2025, the Crown and kaumātua Rore Stafford, on
behalf of the customary owners, signed the Resolution
Agreement to resolve the outstanding Nelson Tenths
litigation. The agreed resolution
comprises:
- Approximately 3,000 hectares of land
to be transferred to Te Here-ā-Nuku Trust to hold for the
benefit of the customary owners. - A $420 million
payment for the shortfall in land that was not available to
be restored.
Litigation background
In
2010, kaumātua Rore Stafford filed a private law, breach of
trust case in the courts, on behalf of the customary owners
of the Nelson Tenths. The case made its way through the
courts for a number of years until it reached the Supreme
Court.
In 2017 the Supreme Court delivered a landmark
decision, declaring that the Crown owed significant
fiduciary duties to reserve 15,100 acres as an endowment for
the benefit of the customary owners and, in addition, to
exclude their pā, urupā and cultivations from the land
obtained by the Crown following the 1845 Spain
award.
In 2024, the High Court released its interim
decision, finding largely in favour of the customary owners.
The Court determined:
- That the Crown breached its
fiduciary duties to the customary owners of the Nelson
Tenths Reserves - That the customary owners suffered
loss as a result of these breaches - That the
plaintiff, kaumātua Rore Stafford, who represented the
customary owners, was entitled to relief in the form of the
return of trust land, and compensation where the trust land
was no longer available.
In a later ruling, the
Court formally removed the Crown as trustee of the lands and
appointed new trustees, who descend from the customary
owners.
About Te Here-ā-Nuku Trust
Te
Here-ā-Nuku Trust is an intergenerational trust established
following the Resolution Agreement signed with the Crown on
17 December 2025.
The Trust holds and protects the
whenua, funds and other assets provided for under the
Resolution Agreement for Ngā Uri, the beneficiaries of the
Trust.
The Trust has been established to carry forward
the original purpose of the Nelson Tenths, and support the
wellbeing and advancement of present and future generations
of Ngā Uri, the beneficiaries of the Trust.
For
further information, please visit www.tehereanuku.nz.
