Supreme Court lets appeal proceed in Central North Island iwi forest land case

• held and administered the land 
• held accumulated rentals from the CFLs 
• received and held ongoing rentals from the CFLs 
• distributed rentals under the Central North Island Forests Land Collective Settlement Act, the settlement deed, and the TDSA 

The iwi disputed the allocation of the CNI forests land and of the ongoing rentals from 1 July 2044. However, they agreed among themselves on: 

• the allocation of the accumulated rentals 
• the allocation of the ongoing rentals until 1 July 2044 or until an earlier date to which they unanimously agreed 
• a process to determine the land allocation, with the rentals from 1 July 2044 or a unanimously agreed date to run with the land 

Under that process, if CNI iwi could not reach an agreement via negotiation or mediation, an adjudication panel would determine the allocation of a particular land area. 

High Court proceedings

Following a specific panel decision, the company and Ngāti Manawa applied for judicial review before the High Court. Justice Gwyn saw errors in the panel decision, made certain declarations, and issued a direction to a new panel. 

Ngāti Manawa, one of the CNI iwi, appealed from portions of the High Court judge’s decisions. 

Court of Appeal makes new declarations

On 27 March 2026, in Te Rūnanga o Ngāti Manawa v CNI Iwi Holdings Limited [2026] NZCA 92, the Court of Appeal partly allowed the appeals to set aside a declaration and a direction. 

First, the appeal court found some errors in Justice Gwyn’s declaration in the November 2023 relief judgment. Thus, the appeal court set aside the declaration and instead declared that:

• The panel should allocate the disputed land according to the mana that iwi traditionally held and exercised over the land. If the panel determined that an iwi traditionally held and exercised mana over a CNI forests land area on an exclusive basis, an exclusive allocation of that area would be necessary. 
• The retention within the company of title to some or all of the land subject to a trust or series of trusts could be a land allocation pursuant to mana whenua, depending on how iwi held and exercised mana whenua and whether the trust instrument could allocate the land according to how mana whenua was held and exercised. 

Appeal court sets aside direction

Second, the Court of Appeal addressed the argument that Justice Gwyn erred in directing the new panel to determine and allocate mana whenua interests using percentage interests in the CFL blocks as the starting point. 

The appeal court indeed saw some errors in the judge’s direction, which required a reframing. 

Issues about 23 November 2022 resolution

Third, the Court of Appeal ruled that the 23 November 2022 resolution, which approved the final mana whenua allocation percentage table, aligned with the tikanga‑based resolution process.

Fourth, the appeal court addressed whether the 23 November 2022 resolution contractually bound the new panel to allocate the disputed land according to the percentages set out in the resolution. 

The appeal court ordered the company to appoint, under clause 6(10) of schedule 2 to the Central North Island Forests Land Collective Settlement Act, a new adjudication panel to reach a decision under clause 6(14) on allocating nine CFL blocks, pursuant to the mana whenua test in clause 4(2). 

Supreme Court’s September judgment

Te Runanga o Ngāti Manawa applied for leave to appeal. The second, fourth, and fifth respondents – the Tūhoe Establishment Trust, the Tūwharetoa Settlement Trust, and Te Komiti Nui o Ngāti Whakaue – applied for leave to cross‑appeal 

On 24 September 2026, in Te Rūnanga o Ngāti Manawa v CNI Iwi Holdings Limited [2026] NZSC 136, the Supreme Court denied the fifth respondent’s application for leave to cross-appeal, as the parties essentially agreed that the appeal covered the issues raised in that application. 

However, the Supreme Court granted leave for the applicant to appeal, granted leave for the second and fourth respondents to cross-appeal, and ordered the registrar to set down the appeal and cross-appeal for hearing, with directions to follow. 

According to the Supreme Court, the approved question was whether the Court of Appeal correctly allowed the appeals to the extent it did, including by making declarations and a direction. 

More Supreme Court cases on land

Here are some other recent Supreme Court of New Zealand decisions involving land. 

On 10 June 2026, the Supreme Court granted leave to appeal on the lower court’s approach to the resumption requirements in s 8HB of the Treaty of Waitangi Act 1975 and the Waitangi Tribunal’s discretion to award Crown Forest Assets Act 1989 compensation. 

On 28 April 2026, the Supreme Court denied leave to appeal from a Court of Appeal of New Zealand decision overturning a High Court of New Zealand ruling upholding a community garden manager’s application to sustain a caveat against a Crown-purchased land title. 

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