Stafford v Attorney-General - [2025] NZHC 2455

[1] This judgment addresses questions of relief following delivery of the substantive judgment on 30 October 2024 (Stafford v Attorney-General [2024] NZHC 3110). Relief could not be fixed in the substantive judgment because further information was required as to the identification of land and the calculation of equitable compensation. 

[2] Most of the further information required has been agreed between the parties. The outstanding issues determined in this judgment concern: categorisation of land; valuation of replacement land for the Occupied Tenths; a further account of land returned pursuant to Treaty settlements; and land taxes. The application and calculation of simple interest is also determined in this judgment. 

[3] The Court finds for the plaintiff on all outstanding issues, except for questions of simple interest. The Crown's position on these issues was either inconsistent with the position taken at trial, not raised at all, or contrary to the substantive judgment. In accordance with the principle of finality, the Court holds that it is too late to raise these issues now. 

[4] On the issue of simple interest, the Court finds that this question should be determined in accordance with legal principle, rather than in reliance on the Crown's concession made at trial. Simple interest performed a compensatory function and was recoverable on that basis. 

[5] However, the Court finds for the Crown on questions of interest period and rate. The exceptional features of the case mean that interest should only start running from 2010, when the proceeding was commenced, rather than 1845. The New Zealand Government Stock rate was the interest rate which most closely reflected the characteristics of the unique trust at issue in this case. That rate should therefore apply. 

[6] The parties are given five working days to submit a joint memorandum fixing the acreage of land impressed with the trust and the quantum of equitable compensation in accordance with the judgment. Declarations (the form of which have been agreed) will then follow.