M036. Crown's Opening Submissions

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M036. Crown's Opening Submissions: page 2  (17 pages)
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MAY IT PLEASE THE TRIBUNAL

1.        This is an historic occasion. For the first time, the Crown is addressing the issues raised by the Tauranga Moana claims. Although attempts have been made by the Crown to address aspects of the claims in the past – both through the Sim Commission in 1928, and through the Select Committee inquiry that led to the Tauranga Moana Maori Trust Board Act 1981, the Crown acknowledges that many of the hapu of Tauranga Moana consider that their grievances have not until now properly been heard, let alone addressed by their Treaty partner. The Crown is pleased to have been present at the hearings of claimant evidence over the last three and a half years, and thanks the hapu of Tauranga Moana for hosting it on their marae for the duration of those hearings.

2.        The Crown feels privileged to have heard and engaged in the history of Tauranga Moana. The Crown invites a reciprocal engagement as it presents evidence on Stage One (Raupatu) Issues.

CROWN ROLE AND APPROACH

3.        The Crown’s role in the Tribunal’s inquiry in the Tauranga Moana Claims is to test the evidence presented by the claimants where appropriate and to add to the research before the Tribunal, in order to assist the Tribunal in its inquiry to ultimately determine whether the claims are well-founded.

4.        The Crown seeks from this inquiry an account of history that builds upon logical inferences from all the relevant empirical data. It is hard to inquire into some matters with a detached and disinterested eye. However, if practical consequences are to flow from the investigation of historical claims, sound and reasonable conclusions must be reached.

5.        It is therefore an important part of this process for the Crown to have its say. In seeking to honour the Treaty principle of mutual respect, the Crown does not see its role as simply one of listening. Rather, mutual