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Te Here-ā-Nuku (Nelson Tenths) explainer

In a nutshell

  • In December 2025, the Crown signed a Resolution Agreement concluding a private property law claim relating to a historic land ownership agreement.
  • New legislation has been developed to ensure the Resolution Agreement works in practice.
  • Te Here ā Nuku (Nelson Tenths) Bill is being introduced to Parliament on Monday 22 June to enable the transfer of land from the Crown to Te Here-ā-Nuku Trust.
  • The Bill’s First Reading is scheduled for Thursday 25 June, although the exact timing is dependent on the Parliamentary schedule.
  • The Bill allows title to be raised for the rightful owners.
  • The Crown and Te Here-ā-Nuku Trust are committed to a seamless transfer of landownership.
  • The Trust looks forward to open channels of communication and a continued strong relationship with the community and stakeholders.

Where is the case now?

In December 2025, the Crown signed a Resolution Agreement concluding a private property law claim relating to a historic land ownership agreement. Read the announcement here(external link).

The agreement sees some land currently being used by the Crown in the Nelson/Tasman area being fully restored to it's owners (represented by Te Here-ā-Nuku Trust). Land owned by the Trust is indicated in red on the map below. Click here to open the map in a new window.

New legislation has been developed to ensure the Resolution Agreement works in practice.

Te Here ā Nuku (Nelson Tenths) Bill was introduced to Parliament on Monday 22 June to enable the transfer of land from the Crown to Te Here-ā-Nuku Trust. Read more here from the Attorney General and Conservation Minister(external link).

The Bill allows title to be raised for the rightful owners. Both the Crown and Te Here-ā-Nuku Trust are committed to a seamless transfer of landownership.

Get more information on the Te Here-ā-Nuku Trust website(external link).

Case summary

This case is about trust law and private property ownership. It is not a Treaty settlement. The background goes back to the New Zealand Company’s purchase of land in and around Nelson, Golden Bay and Tasman Bay between 1839 and 1841. As part of that arrangement, one-tenth of the planned settlement was meant to be set aside for the original owners and their descendants, and pā, urupā and cultivation lands were meant to be excluded. In 1845, the Crown took on the Company’s obligations, but the full amount of land was not reserved or excluded as agreed.

That left a shortfall of about 11,715 acres of the 15,100 acres that should have been reserved. Mr Stafford first raised the issue with the Crown 39 years ago, and the litigation began in 2010 when Kaumātua Rore Stafford and others brought a case against the Crown.

In 2017, the Supreme Court found that the Crown had a duty to reserve the Nelson Tenths land for the benefit of the original owners. The case then went back to the High Court to work through the extent of the Crown’s breaches and the appropriate remedies. In October 2024, the High Court found partly in favour of the plaintiff and confirmed that the land belongs, and has always belonged, to the descendants of the original owners.

The agreement reached in November 2025 settles the case and gives certainty to everyone involved. It confirms that about 7,583 acres will be retained by the trust, with the remaining land returned to the Crown. There are still some details to work through on specific parcels of land, and both parties are committed to resolving those matters. The agreement also includes a one-off payment of $420 million to address the shortfall of land that can no longer be returned.

It does not affect any privately owned land.

Frequently asked questions

This is a private litigation case between the Crown and Kaumātua Rore Stafford, on behalf of the original owners. In simple terms, it is about trust law and ownership of specific areas of land in Nelson, Tasman and Golden Bay. The Court found that this land was not owned by the Crown, but had been held on trust by the Crown for the original owners since 1845.

The land covered by the litigation is about 8,033 acres, or 3,250 hectares. That includes around 5,000 acres, or 2,023 hectares, of public conservation land. No privately owned land is affected.

Because this case is about private law, trusts and property rights. It is not a Treaty claim. Treaty settlements are about historical breaches of the Treaty by the Crown and are settled with iwi as collectives. This agreement is different. It restores land and assets to a trust for the descendants of the original owners. The Court was clear that this is not a claim for breach of the Treaty.

This is a complex trust law and property rights case. It involves historic records, detailed research, legal proceedings, appeals, hearing schedules and court decisions, all of which have taken time.

People can always choose to bring litigation to the courts, but the facts here are very specific and historic. They are not easily replicated elsewhere.

In August 2025, the Crown and Te Here-ā-Nuku Trust entered negotiations to reach an agreement. The Attorney-General appointed the Rt Hon Dame Patsy Reddy and David Tapsell to lead negotiations for the Crown, supported by the Crown Law Office and Te Puni Kōkiri. Te Here-ā-Nuku trustees led negotiations on behalf of the original owners.

No. Mr Stafford has representative status for the litigation on behalf of the original owners. The High Court determined that the original owners are the descendants of the tūpuna named in an 1893 Native Land Court list, along with descendants of specific Kurahaupō tūpuna. Under the agreement, the land and financial compensation will be transferred to Te Here-ā-Nuku Trust, which will hold them as trust assets for those descendants.

Te Here-ā-Nuku Trust was set up to support the litigation and to hold the trust assets. Mr Stafford is the plaintiff, representing the descendants of the Māori original owners. After the High Court’s decision to remove the Crown as trustee of the lands, Mr Stafford and 13 other original owners were named as trustees of Te Here-ā-Nuku Trust.

Crown funds will be used to meet this legal obligation. The expense was recognised in the Government’s books in 2024/25, when the Court ruling created the obligation.

The financial component is a one-off payment of $420 million. This reflects the shortfall of land that can no longer be returned.

The intention is to review the arrangements after 25 years. The trustees have confirmed they share the Crown’s interest in biodiversity and conservation outcomes. For now, the 25-year arrangement provides certainty for national park users. Beyond that, both parties see this as a long-term relationship and want to keep working together to protect this important area for the local community and visitors.

Yes. The schools will continue to operate where they are under specific lease agreements. The Crown will retain all school buildings and fixtures on the land. Any future decisions about schools, including roll changes or operational matters, remain with the Ministry of Education.

Between 1839 and 1841, the New Zealand Company purchased land in Te Tau Ihu for a planned settlement around Nelson, Golden Bay and Tasman Bay. One tenth of that land was meant to be reserved for the customary owners and their descendants, and pā, urupā and cultivation lands were meant to be excluded. The Crown later validated the purchase, accepted Commissioner William Spain’s recommendation, and took on the New Zealand Company’s obligations. However, the full amount of land was not reserved or excluded. Over time, this created the shortfall at the centre of the litigation.

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