Māori customary landowners involved in the Nelson Tenths case are disappointed the government has set aside $3.6 million for an appeal even though the High Court has yet to issue its ruling.
The government put that sum aside in its budget last week.
But Nelson-based Wakatū Incorporation chief executive Kerensa Johnston (Ngāti Tama, Ngāruahine and Ngāti Whāwhākia) is hopeful a solution can be found if the government comes to the table to talk.
The Nelson Tenths case is one of the longest cases against the Crown with Māori landowners at the top of the South Island fighting for the return of their whenua since the 1840s.
Originally the iwi had agreed to sell land to the New Zealand Company as long as 10% was retained, including urupā and other sacred sites.
The 10% was not set aside and the long-defunct New Zealand Company was set aside in favour of the Crown when the iwi sought redress.
Johnston said the $3.6 million could have been better prioritised in this year’s budget.
“They’ve got the budget and they are setting out their priorities for the coming year. I think that explains the timing. Our disappointment is how they’re prioritising their funds.
“Essentially what we’re thinking is happening is throwing good money after bad to keep defending proceedings that the outcome is quite clear in terms of the justice that’s going to be done for our families.”
‘The whenua needs to come back to the whānau’
Wakatū Incorporation is funding the case and represents around 4000 owners who descend from the customary Māori landowners of Nelson, Motueka and Golden Bay.
She said they preferred to see a response from the ministers which said: “We recognise the legal duties that the courts already determined - we want to sit down with you now.”
“We will keeping going, we’re not going anywhere. But we’re really hopeful this government will sit down with us and try to work through a solution that we think will be economically really good for our region and also of course politically, culturally, it’s the right thing to do.”
The government allocated $5 million from the last year’s budget to pay for its case.
“Let’s just sit down together and work out a really positive pragmatic way to resolve this with our whānau,’” Johnston said.
Crown Law and the Attorney-General’s Office said it was premature to discuss any appeal as the judgment had not yet been delivered.
“The funding in the budget is to support the ongoing Crown (as the defendant) response to the Wakatū litigation and any related proceedings to cover a range of outcomes, including any appeals by either party.”
