SILNA and Section 15 Redress

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Background on SILNA and untransferred blocks

Between 1893 and 1905, commissioners appointed by the Crown, with the assistance of Ngāi Tahu rangatira, compiled lists of South Island Māori identified as having no or insufficient land and assigned sections of Crown land to them. In 1895 the scope of this allocation work was extended to all landless Māori in the South Island, not only members of Ngāi Tahu.

Approximately 57,652 hectares of land were allocated to 4,064 Māori.

‘SILNA’ was the South Island Landless Natives Act 1906. This Act of Parliament enabled the transfer of the land as allocated by the Commissioners. Most of the allocated SILNA land transferred to the owners.

However, in 1909 SILNA was repealed by the Native Land Act 1909. The repeal left some SILNA land, which had been allocated to individuals, untransferred (and still held by the Crown).

In Section 15 of the Ngāi Tahu deed of settlement the Crown has made commitments to successors whose tūpuna did not receive the SILNA land they were allocated.

Section 15 of the Ngai Tahu deed of settlement can be found online here(external link).

Section 15 – Non-tribal redress

The Section 15 redress is non-tribal redress. This means the Section 15 redress is not for the benefit of all Ngāi Tahu Whānui as a collective. It is only for the benefit of the successors to the individuals allocated specific pieces of land under the SILNA scheme, which did not transfer to those individuals as intended prior to 1909.

Section 15 makes commitments in relation to the following untransferred SILNA lands:

• Hāwea/Wānaka (between the two lakes)
• Whakapoai (West Coast)
• Toi Toi (Rakiura) 
• Port Adventure (Rakiura) 

The Crown accepted in Section 15 of the Ngāi Tahu deed of settlement that there was an obligation on the Crown to complete the transfer of the Hāwea/Wānaka SILNA Land, and that the failure by the Crown to complete the transfer of the land to the people to whom it had been allocated after 1906 was a breach of the principles of the Treaty of Waitangi.

When Ngāi Tahu and the Crown were in negotiations in the 1990s over historical Treaty claims, the original Hāwea/Wānaka SILNA Land was subject to a pastoral lease, and not available. Alternate land has been made available for the Hāwea/Wānaka SILNA successors.

The Hāwea/Wānaka SILNA successors identified by the Te Kooti Whenua Māori/Māori Land Court are entitled to the Hāwea/Wānaka Substitute Land under Section 15 of the Ngāi Tahu deed of settlement.

Section 15 of the Ngāi Tahu deed of settlement

Section 15 of the Ngai Tahu deed of settlement requires:

• Te Kooti Whenua Māori /Māori Land Court to
  • identify the successors to the original grantees allocated specified SILNA lands which did not transfer as intended, and
  • calculate the identified successors relative share interests.
• the Minister for Māori Development to apply to Te Kooti Whenua Māori /Māori Land Court for a meeting of the identified successors to be called in accordance with the Māori Assembled Owners Regulations 1995(external link).
• the successors to make decisions as to how to receive and hold the redress available. For example, as Māori freehold or General land, and what kind of entity, if any, should hold and manage it.
• the Minister for Treaty of Waitangi Negotiations to then effect the transfer of the land by Gazette notice.