Friday, November 01, 2024

The High Court says "Land Back"

Way back in 1839, the New Zealand Company bought the area that is now Nelson from local iwi and hapu. As part of the deal, they promised that Māori would retain their homes, fields, and burial grounds, and that in addition, 10% of the land in the planned township and surroundings would be set aside for them. A few years later, the New Zealand government, as part of its investigations into pre-Treaty land deals, effectively took over the arrangement. They then proceeded to break it: land which was meant to be set aside was stolen; promised land was never delivered; and what was given was stolen again for "government purposes". The local iwi have been fighting this ever since, and in 2017 won a major victory in the Supreme Court with a ruling that the government owed them a fiduciary duty and must honour the deal. They kicked it back down to the High Court to decide exactly what was owed, and after seven years of foot-dragging the court has finally ruled, deciding that the government must give them their land back:
Māori customary landowners in New Zealand’s oldest property claim, the Nelson Tenths, suffered a loss of land and are entitled to millions of dollars in compensation, the High Court has found.

In a decision released on Thursday, the plaintiffs, led by kaumātua Rore Stafford on behalf of the descendants of customary landowners, were found to be entitled to relief, which was likely to be “substantially less than $1 billion” but still a “significant sum”, the court found.

The sum could not be settled until the final acreage of land to be returned and other issues are determined, a press summary on the decision said.

...which the government will no doubt try and drag out for another seven years, as part of the same immoral legal strategy it used on the children it tortured. But the principle isn't in doubt: the High Court said "Land Back". And if they've already given it away, then they have to pay compensation. In addition, there's 180 years of back-rent, plus 180 years of interest. Its simple interest, not compounding, but: this is going to be hugely expensive for the government.

(Note that "given it away" apparently includes to SOEs and Crown Entities, which are part of the government. The government here is behaving exactly like a rich bankrupt who hides their assets in a trust: sure, they can use them, control them, even get money from them, but they're not "theirs", so can't be used to pay off their suckerscreditors. Whether this position meets the standard of ethical behaviour we expect from our government, or is consistent with its longstanding position that privatisation would not undermine Treaty redress, is left as an exercise for the reader...)

So, given the current government's anti-Māori agenda, the question naturally arises: will National once again abuse its Parliamentary power to over-rule the courts and prevent justice, as they are doing over the foreshore and seabed? Sadly, I don't think it can be ruled out. But if they try and go that way, it would be another ongoing Treaty breach, and basically blow up the crown-Māori relationship completely. National might not care about that: Māori don't vote for them. But the rest of us should. And we should not let it happen.