Whenua at stake

The 180-year legal case you might never have heard of goes before the High Court next month

- KERENSA JOHNSTON

On August 14, the longest-standing case against the Crown in New Zealand’s history will start in the High Court at Wellington.

This is a case that has been going on in some form for more than 180 years – since the New Zealand Company bought land, about 151,000 acres, in Nelson and surrounding areas and agreed to retain 10% of it for the benefit of the customary Māori landowners. That land became known as the Nelson Tenths Reserves.

This legally binding agreement was confirmed by Crown grant in 1845. But, like many of the land deals that were made in the mid-19th century, the promise was not upheld.

But this is not a Treaty of Waitangi claim, and that makes this case both unique and incredibly important.

The Proprietors of Wakatū and Others vs Attorney-General is being fought through the courts as a private law breach of trust case. It is a legal issue with legally binding consequences, completely outside the realm of political treaty settlements.