The South Island Landless Natives Act (SILNA) was passed in 1906 and authorised the transfer of land to Māori. Under the Ngāi Tahu Deed of Settlement, four SILNA blocks, Hāwea-Wanaka, Whakapoai, Port Adventure and Toitoi, are yet to be transferred to the descendants of the original beneficiaries of the land.
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History
Following the signing of the Treaty of Waitangi in 1840, the Crown negotiated 10 large-scale purchases of land from Ngāi Tahu whereby 3,450,000 acres of land, almost the entire land base of the iwi, was sold for £14,750. The Crown purchase agents had promised that Ngāi Tahu would be left with ‘ample reserves’ to live on.
That was not the case and Māori in the South Island were left without land and without sufficient resources to take care of themselves and their whānau.
Between 1879 and 1887, several investigations were carried out to investigate grievances arising from that broken promise.
The Landless Natives Act (SILNA) 1906 was passed and authorised the transfer of land to South Island Māori to meet their future economic stability.
At the time, Ngāi Tahu recommended that 200,000 acres of land would be sufficient compensation for the land that was taken and the promise not fulfilled.
57,000 hectares of land was set aside.
The lands allocated were bush and forest lands in remote areas that had not been traditional ancestral domains of South Island tribes. The nature of the land and size of the blocks meant that they were unable to be utilised to generate a living or income from.
The majority of land set aside was transferred to identified beneficiaries included western and eastern Murihiku, Rakiura, Te Tai Poutini and Te Tau Ihu. Four of the blocks that are yet to be transferred include Hāwea-Wanaka, Whakapoai, Port Adventure and Toitoi.
These lands were again addressed with the Ngāi Tahu Claims Settlement Act 1998. Agreements made in the Ngāi Tahu Deed of Settlement were brought into law so that these lands could be transferred to the potential landowners. Under the Settlement, the Court is conducting an inquiry to determine the entitled successors. Once the successors have been determined, a meeting of successors will be held for them to vote on how they wish to receive and hold the land.
Updated list of owners
Te Kooti Whenua Māori is currently working on updating the lists of potential owners for the four SILNA Blocks. The potential owners of these blocks are descendants of the original beneficiaries entitled to receive lands under this Act, who did not receive their lands while the Act was in force. Under the Settlement, successors are to be identified as though the land was Māori freehold land and as though the deceased person died intestate (as if they had no will).
The purpose of updating the list of owners is to ensure successors can attend and vote at meetings of owners to decide on how to receive the land.
If you are recorded on this list, please update your contact details.
If your whanaunga are on the list, and have passed away, you can make an application for succession.
Once the Court is satisfied that successors to the original beneficiaries of SILNA lands have been identified as far as possible, a meeting of successors will be called for the relevant block. Successors at this hui may consider alternative redress options, if applicable. They will also be able to vote on whether they want to receive the land back as Māori or General land, and how that land will be held. There are several options for holding land with multiple owners, including trusts, incorporations and other business models. As such, successors are asked to update their contact details below.
Working list of potential owners for Hāwea-Wānaka SILNA Block
Me tuku mai ō taipitopito
Provide your details - Hāwea/Wānaka
If you or your whānau are on the list of successors for the Hāwea/Wānaka substitute block, please provide your current contact details.
Me tuku mai ō taipitopito
Provide your details - Toitoi
If you or your whānau are on the list of successors for the Toitoi block, please provide your current contact details.
About the SILNA blocks
Apply for succession to an untransferred SILNA block
If a person on the list has passed away, you will need to apply to the Court to update the list. SILNA succession applications forms are different to other succession application forms. In your application you will need to include:
- A copy of the death certificate
- The deceased person’s whakapapa information, including:
- who were/are their parents
- who were/are their brothers and sisters
- who were/are their children
- who were/are their partner(s)
This information will be used to research and confirm the ownership of SILNA interests.
Under the Settlement, succession must follow intestacy. This means that wills do not apply, and all legal children are entitled to succeed, equally. The applications are free.
Download the application form for Hāwea-Wanaka
Download the application form for Toitoi
To apply, please email the completed form and any supporting evidence to mlcsilna@justice.govt.nz or bring the completed application into any of the Māori Land Court offices to send to the Christchurch office. Alternatively, the applications can be posted to:
Māori Land Court – Te Waipounamu Registry
CJESP Building, Level 1, 20 Lichfield Street
Christchurch Central City, Christchurch 8011
All SILNA hearings are heard in the Te Waipounamu Māori Land Court, Christchurch. You can attend the hearing in person or remotely.
Frequently Asked Questions (FAQs)
If you have any further questions, please contact mlcsilna@justice.govt.nz in the first instance.
South Island Landless Natives Act 1906 (SILNA): past, present and future
Read Judge Sarah Reeve's article about SILNA.