Appeal over land sale rejected

Ma¯ori landowners have lost a Court of Appeal case to prevent the sale of land held by the Accident Compensation Corporation (ACC) in Nelson.

The landowners of the Nelson Tenths’ Estate argued the Crown should not be allowed to sell the site, in Morrison Square in the CBD, because it was part of land the Crown failed to reserve enough of for Ma¯ori across the region, in the 1840s.

In a split decision 2-1, the court rejected the appeal, saying the ACC was not a crown entity for the purposes of the proceedings.

In 2017, the Supreme Court found the Crown had breached its legal duty to reserve the full 10 per cent of land in the Nelson Tenths’ Estate, established in 1845, for the benefit of the Ma¯ori landowners. The Supreme Court ruled that the Crown must honour its legal duties to the owners. Wakatu¯ Incorporation, which was supporting the landowners, said the ACC tried to sell the 0.58 ha Morrison Square site following the Supreme Court ruling.

Wakatu¯ Incorporation chief executive Kerensa Johnston said the landowners, led by kauma¯tua Rore Stafford, presented a ‘‘caveat case’’ at the Court of Appeal to prevent any further loss of land, until it was clear how the Crown would honour the Supreme Court decision.

But the Appeal Court decided in the majority decision that the appeal could not succeed, because the ACC was ‘‘not an instrument of the Crown for purposes beyond those functions over which the Minister has control,’’ she said.

Judicial review proceedings were due to be held in the High Court in August which would challenge the AttorneyGeneral’s ‘‘failure to take steps to prevent the loss of any more land in Nelson held by the Crown, until the proceedings arising from the Supreme Court decision were resolved’’.