Legislation aims to resolve a 180-year trust law issue by returning about 3,000 hectares of land
The government has introduced the Te Here ā Nuku (Nelson Tenths) bill to parliament, marking the final legislative step in returning approximately 3,000 hectares of land at the top of the South Island to its rightful owners following a long-running trust law dispute.
Attorney-General Chris Bishop and conservation minister Tama Potaka announced the bill, describing it as a significant milestone in resolving a historic legal issue dating back to the 1840s. The legislation will enable the legal transfer of land from the Crown to Te Here-ā-Nuku Trust, which represents the original landowners.
Bishop said the Bill follows a 2024 High Court decision that found the Crown did not own the land but had instead held it in trust for the original owners. The court's ruling paved the way for the government to address the longstanding legal issue through legislation.
Bishop said the Crown reached a Resolution Agreement with Te Here-ā-Nuku Trust in December 2024, confirming the land's return. The bill gives legal effect to that agreement by allowing the title to be raised in favour of the trust.
Most of the affected land is currently managed by the Department of Conservation across the Nelson, Golden Bay and Tasman Bay regions. The government said it has taken steps to minimise disruption to existing public use of the land.
“To minimise the impact on current land users, the Resolution Agreement allows the Crown to lease back some of the private land currently being used for important public purposes”, Potaka said in a statement. “Arrangements have been made for continued public use of key areas, such as the coast track along the Abel Tasman Great Walk, and public reserves at key sites, like Tōtaranui and Kaiteretere”.
The bill also formally restores the historic spelling of Kaiteretere, replacing the current official spelling of Kaiteriteri. The government said the change recognises the original name used by the land's traditional owners.
Bishop said the legislation addresses a private trust law matter rather than settling historical claims under the Treaty of Waitangi. He said the bill differs from a treaty settlement because it returns privately owned land to its lawful owners rather than resolving claims arising from breaches of the treaty and its principles.
“The bill’s passage is an important step in righting a historic wrong”, Bishop said. “The government is pleased to resolve this unique private law case and correct an injustice that has been running for more than 180 years”.
