May 15, 2020
Court split on Nelson land sale
Te Tau Ihu kaumatua Rore Pat Stafford has failed in an appeal against the Accident Compensation Corporation’s sale of a Nelson property.
Mr Stafford, who was a claimant in the Wakatu Claim over the crown’s failure to reserve 15,000 acres of land for the benefit of Nelson’s customary owners, tried to place a caveat on the basis it was crown land which should be held in trust for those owners.
In a split decision, the court of appeal said the ACC can’t be seen as part of the crown when it sells investment property, and it does not have the same duties to iwi as the crown has.
However, in his dissent, Justice Sir Joe Williams said it’s reasonable to argue Tauihu iwi have a beneficial interest in the ACC property arising from the Crown’s alleged reduction of the Tenths reserves and failure to exclude occupied lands.
He said in public law ACC may be treated as the Crown and the Crown’s obligations.
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