S056. Opening Submissions of Counsel for the Marutūāhu Claimants

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S056. Opening Submissions of Counsel for the Marutūāhu Claimants: page 2  (5 pages)
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INTRODUCTION

1.As recorded in the Waitangi Tribunal’s Raupatu Report1, Wai 454 and 812 are representative claims on behalf of the Marutūāhu confederation of tribes comprising Ngāti Tamaterā, Ngāti Maru, Ngāti Whanaunga and Ngāti Pāoa.2

2.Mr Tewi Nichols (Te Wiremu Mataia), who is giving evidence in support of the Marutūāhu claims, also lodged a claim on behalf of Ngāti Tamaterā.3

3.As confirmed by the Tribunal (in the Raupatu Report):4

“In their evidence and submissions to this inquiry, the Hauraki claimants [presenting a joint case at that hearing] emphasised Marutūāhu’s rights in Te Puna - Katikati ...”.

4.At this hearing, the Marutūāhu claimants and Hauraki Maori Trust Board are presenting separate cases in relation to:

>The Stage 2 (post - 1886) issues.

>Matters reserved by the Tribunal for discussion at this hearing, for example:5

“...Marutūāhu may wish to be heard further on the issue of the Crown-licensed Athenree Forest in our stage 2 inquiry if this takes place.”

5.It is noted that the name ‘Hauraki’ was occasionally used by the Tribunal in a synonymous way for the Marutūāhu tribes in its findings on customary interests within the inquiry district.6 This position is reflected in the following extracts from the Raupatu Report:

“We therefore recommend that the claims of Marutūāhu iwi within the Tauranga inquiry district which have been upheld in this report (see chs 7, 10) be included in negotiations that may arise from the Tribunal’s Hauraki inquiry.”7 [Emphasis added]

“What evidence we have heard suggests that Tauranga and Hauraki Maori shared customary interests in the [Athenree Forest] area roughly to the same extent ... and that the Treaty breaches arising from the Crown acquisition of the area affected the two groups in a similar measure (see ch7).”8 [Emphasis added]


1Te Raupatu o Tauranga Moana (Report on the Tauranga Confiscation Claims) 2004 (Wai 215).

2Section 1.4.6 (1) - Raupatu Report.

3Section 1.4.6 (2) (page 17) - Raupatu Report.

4Section 1.4.6 (1) - Raupatu Report

5Section 3.4.2 (page 408) - Raupatu Report.

6See, for example, paragraph 13 - evidence of David Taipari (Wai 215 # S 30).

7See footnote 4.

8Section 13.4.3 (page 409) - Raupatu Report.