E te iwi whānui, tēnā koutou katoa,

He mihi mahana ki a koutou i tēnei wā. We write to share an important update on the recent High Court decision involving Moriori and our Treaty settlement journey, and to reaffirm our commitment to unity and shared respect on our motu. You’ll know that Moriori Imi Settlement Trust (MIST) had previously taken our Iwi and the Crown to court to halt our settlement process. This was rejected by the High Court. MIST have subsequently filed an appeal against that judgement which is scheduled to be heard early in 2026. In the meantime, MIST sought an interlocutory judgement to halt our settlement process until the appeal was heard. The judgement came out late last night.

He whakamārama poto | What the case was about

Why MIST went to court – MIST asked the High Court to pause the next steps in our Agreement in Principle (AIP). They were concerned that the Crown’s acknowledgement of Ngāti Mutunga tino rangatiratanga in the AIP might harm their own claims to mana whenua over Rēkohu / Wharekauri.
What they wanted – An interim order stopping the Crown from finalising our draft Deed of Settlement or introducing settlement legislation until their separate appeal is heard.

Te whakatau a te Kōti | What the Court decided

Justice La Hood dismissed the application for a pause in our settlement journey. Key reasons were:

1. No immediate harm – The wording in our AIP is an acknowledgement; it does not give exclusive or absolute rights that would prejudice Moriori.
2. Meaning of tino rangatiratanga – The Court agreed the term speaks to self-determination and autonomy; it does not automatically mean sole authority over the islands.
3. Parliamentary process – Courts rarely interfere with Treaty settlement legislation unless there are “very compelling” reasons. None were found here.
4. Appeal prospects – The judge considered MIST chances of overturning the earlier decision to be low (in reference to their upcoming appeal).

Ngā hua ki a tātou | What this means for Ngāti Mutunga

Our timetable stays on track – We can move forward to initial the Deed of Settlement and have settlement legislation introduced.
Ongoing actions – MIST still have the right to pursue their appeal and seek declarations about customary rights, but this will not undo our settlement. Further, the chances of the appeal being upheld appear low.
Shared future – The judgment supports the view that acknowledgements do not decide overlapping interests and encourages parties to continue kōrero in good faith.

Te ara whakamua | Our way forward

Ngāti Mutunga has lived on Wharekauri since 1835. Our ties to the whenua are deep, and so too are our connections—by whakapapa, history, and aroha—to Moriori and to all who call the islands home.

We remain committed to:

Respectful engagement – Upholding our tino rangatiratanga while recognising the mana of others.
Unity of purpose – Working together where we can, even when our perspectives differ.
Transparent communication – Keeping you, our iwi members, informed every step of the way.

Ka nui te mihi ki a koutou mō tō koutou tautoko, tō koutou manawanui. Thank you for standing with the Trust as we navigate these complex matters with dignity and aroha.

Mauri ora ki a tātou katoa,
Nā Te Poari o Ngāti Mutunga o Wharekauri Iwi Trust