Information About Court of Appeal Hearing

What is Happening

Moriori are in the Court of Appeal in a case about whether the Crown can progress a Treaty settlement with Ngāti Mutunga o Wharekauri that acknowledges Ngāti Mutunga hold “te tino rangatiratanga” over Rēkohu, while our own rights and interests in Rēkohu are still before the courts.

Why Moriori Took This to Court

In November 2022, the Crown entered an Agreement in Principle (AIP) with Ngāti Mutunga to settle their historical claims. Moriori challenged this in court in March 2023, because the Crown’s acknowledgements in the settlement process recognise Ngāti Mutunga authority over Rēkohu in a way that we say conflicts with our own status, rights, and customary authority under tikane Moriori.

What Moriori Are Asking the Court to Decide

Many parts of the original claim have moved on. For this appeal, the main issue is one declaration Moriori still seek:

Whether it would be unlawful for the Crown to enter into a settlement with Ngāti Mutunga that recognises or transfers interests affecting the henu in Rēkohu, or tangible miheke found there, in a way that conflicts with Moriori’s rights.

Basically, we say the Crown should not be able to settle these matters in a way that pre-determines our rights, without Moriori having those rights determined by the courts.

What Decisions Are Being Appealed

Moriori are appealing two High Court decisions:

1. Strike-out (August 2024) – the High Court struck out Moriori’s key declaration on the basis that it would interfere with Parliament (because Treaty settlements are later implemented through legislation).
2. Interim order refused (July 2025) – the High Court declined to make an interim order to stop the Crown progressing the Ngāti Mutunga settlement while the case continues, saying the settlement acknowledgements would not affect Moriori’s existing rights.

What Changed in December 2025

Even though Moriori were granted leave to appeal, the Crown initialled a Deed of Settlement with Ngāti Mutunga on 11 December 2025. We say the initialled Deed contains clear acknowledgements of Ngāti Mutunga “mana and te tino rangatiratanga” over Rēkohu, and also speaks to rights in the henu and our miheke.

Moriori’s Position

Moriori acknowledge that Ngāti Mutunga are tangata whenua in Rēkohu today, alongside Moriori, and that the Crown owes Treaty obligations to Ngāti Mutunga.

What we do not accept is that Ngāti Mutunga (or anyone) has taken over Moriori te tino rangatiratanga and mana whenua over Rēkohu, or that the Crown can lawfully recognise that through settlement without proper court determination.

Why This Matters

If settlement legislation later recognises Ngāti Mutunga rangatiratanga over Rēkohu, the courts may be required to apply that law. Moriori say that could irreversibly prejudice our ability to have our rights determined by the courts.

Court of Appeal Hearing and Attendance Support

The Court of Appeal hearing in respect of both decisions under appeal is scheduled for 4 March 2026.

All hunau are welcome and encouraged to attend the Court of Appeal hearing to uphold our rights and interests for future generations.

• Location: Corner of Aitken and Molesworth Streets, Thorndon, Wellington.
• Date: Wednesday 4 March 2026.
• Start time: 9.30am (please arrive early).

A live video link will be available for those who are unable to attend in person. Remote viewing is subject to the Court’s observation protocol.  The Court requires the name(s) and email addresses of each observer in advance, together with confirmation that each observer has read and agrees to comply with the protocol.  Where the hearing is to be viewed by a group on a shared screen, permission must be requested by the Court.  Please register attendance on the link below and we can arrange this for you.

The Trustees of the Moriori Imi Settlement Trust also invite applications for limited financial assistance to support up to 30 members who wish to attend in person.

Priority and Support Criteria

• Priority will be given to Rangata Matua (Kaumatua).  Approved travel and attendance costs may be fully covered by the Trust.
• Adult members are eligible for reimbursement of up to 50% of approved costs.
• Assistance is intended to support reasonable travel-related costs.

Places are limited, and applications will be assessed against the criteria above.

Applications close Friday 13 February 2026.

How to Apply

To apply for financial assistance or to attend online, please complete our application form here.

Alternatively, contact the MIST office by phone 0800 647 869 or email office@moriori-imi-itrust.nz.