Almost two hundred years after Taranaki Maori forcefully occupied what is now known as the Chatham Islands, killing and enslaving its original Moriori inhabitants, Moriori descendants who claim these invaders hold no customary property rights to the Chathams and its resources have now failed in a legal attempt to block any possibility that these invaders might be granted ownership rights. Treaty settlements are political decisions for government; courts do not interfere, the Court of Appeal ruled.
The narrative begins five years prior to signing of the Treaty of Waitangi in 1840.
Non-violence was the cultural norm amongst Moriori. This was in sharp contrast with the practice on New Zealand mainland where ‘might is right’ was the norm; land ownership was marked by occupation and occupation could be taken by force.
When nine hundred Maori affiliated to Ngati Mutunga and Ngati Tama arrived on pakeha ships in 1835 they were greeted by Moriori peacefully, only to then be attacked with one sixth of the population killed and the rest enslaved.
This pre-Treaty land grab has now become a post-Treaty political problem.
A Treaty settlement was agreed with descendants of Moriori in 2021, over the top of an unsuccessful challenge by representatives of Ngati Mutunga.
Moriori now challenge government Treaty negotiations with Ngati Mutunga, claiming it would be ‘unlawful’ for government to recognise Ngati Mutunga as having any customary ownership rights over the Chatham Islands.
In 2025, government agreed Ngati Mutunga held rights of ownership; recognised as tino rangatiratanga, wrongly ignored by successive governments. A deed initialled by both parties proposes legislation providing compensation in cash and kind.
Moriori sued to block any legislation giving effect to this deed, claiming enactment would be an existential threat to the name and mana of Moriori and its attachment to the Chathams.
The separation of powers between parliament and the courts mean the judiciary does not interfere with political decisions to present draft legislation to parliament, the Court of Appeal ruled.
Moriori v. Attorney General – Court of Appeal (10.06.26)
26.173