Volume 1: The Claims

Table of Contents
Ref Number:

View preview image >>

View fullsize image >>

Chapter 2: Statement of Claim: page 30  (28 pages)
to preivous page29
31to next page

 

THE CLAIMS

MacCormick Inquiry

(cc) The failure of the Crown to properly investigate or consider the matters of complaint by Hauraki in respect of the opening and administration of the Hauraki Goldfields and in particular the failure of the MacCormick Inquiry in 1939 to adequately consider the complaints of Hauraki Maori including the following:

  1.  The inadequacy of records rendering an analysis of the Crown's compliance with its own obligations impossible.

  2. The failure of the Government to honour the Goldfields Agreements and unilaterally imposed Goldfields proclamations and legislation.

  3. The failure of the Crown to recognise that miners' rights revenues ought to have continued notwithstanding transfer of the underlying freehold.

  4. The failure of the Crown in its capacity as fiduciary to ensure that Hauraki understood the potential consequences, upon the continued receipt of miners rights revenues, of transfer of the underlying freehold.

  5. The requirement of the Crown that all administrative expenses in respect of a system of collection and distribution which was chaotically structured and incompetently administered should be deducted from the already token and diminishing revenues of Maori.

  6. The failure of the Crown to demonstrate that some of the goldfield revenues paid to local authorities by the Crown were not derived from lands still owned by Hauraki.

  7. The underpayment by the Crown for the extraction of timber in pursuance of Goldfields Agreements.

  8. The failure of the Crown to act on the recommendation of the MacCormick inquiry that a payment of 30–40,000 pounds be made to Hauraki.

  9. The failure of the 1968 Pritchard inquiry to involve any, or any sufficient, assessment of either the evidence before the MacCormick inquiry or the contemporary Maori view in respect of the grievance.

  10. The continuing failure of the Crown to address these matters such that a claim to the Waitangi Tribunal has become necessary.

3.3 Raupatu and war

1. The Crown acknowledges that its representatives and advisors acted unjustly and in breach of the Treaty of Waitangi in its dealings with the Kiingitanga and Waikato in sending its forces across the Mangataawhiri in July 1863 and unfairly labeling Waikato as rebels.

  1. The Crown expresses its profound regret and apologises unreservedly for the loss of lives because of the hostilities arising from its invasion, and at the devastation of property and social life which resulted.

  2. The Crown acknowledges that the subsequent confiscation of lands and resources under the New Zealand Settlements Act 1863 of the New Zealand Parliament were wrongful, have caused Waikato to the present time to suffer feelings in relation to

30