February 02, 2022
Breach of trust key to Te Tau Ihu Tenths’ claim
Māori in Te Tau Ihu have marked Nelson’s Anniversary by filing a final application to resolve a 175 year old grievance over land loss.
Wakatū Incorporation chair Paul Morgan says after getting its factual evidence accepted by the Supreme Court in 2017, the customary owners have been talking to the crown about the process needed to resolve issues arising from the deal with the New Zealand Company, which promised to reserve a tenth of the land for the sellers.
They’re treating the issue as one of trust law rather than a treaty claim, and they’ve got a court date in early 2023 for it to be heard.
“The crown needs to identify and advise the court how it has managed our estate, what’s in the trust, and what they expect to do to remedy any shortfall in trust assets,” Mr Morgan says.
He says a positive feature of Nelson Anniversary Day was the way many in the Pākehā community now recognise the settler origins of the city and the considerable help of Māori in setting it up.





