Volume 1: The Claims

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Chapter 2: Statement of Claim: page 31  (28 pages)
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Chapter 2: Statement of Claim [3. Nga Hara—The Grievances]

their lost land akin to those of orphans and have a crippling impact on the welfare, economy and development of Waikato.

  1. The Crown appreciates that this sense of grief, the justice of which under the Treaty of Waitangi has remained unrecognised, has given rise to Waikato's two principles "i riro whenua atu, me hold whenua mai" (the land was taken, land should be returned) and "Ko te moni hei utu mo te hara (the money is the acknowledgment by the Crown of their crime). In order to provide redress the Crown has agreed to return as much land as is possible that the Crown has in its possession to Waikato.

  2. The Crown recognises that the lands confiscated in the Waikato have made a significant contribution to the welfare and development of New Zealand, whilst the Waikato tribe has been alienated from its land and deprived of the benefit of its lands.

  3. Accordingly, the Crown speaks on behalf of all New Zealanders to atone for these acknowledged injustices, so far as that is now possible, and, with the grievance of the raupatu finally settled as to the matters set out in the Deed of Settlement signed on 22 May 1995 to begin the process of healing to enter a new age of co-operation with the Kingi Tanga and Waikato.

Waikato Raupatu Claims Settlement Act 1995, section 6

War

  1.  The imposition of an economic blockade across Tikapa Moana by the Crown interfering with Hauraki fisheries and trading activities notwithstanding the neutral position of Hauraki iwi in the land wars.

  2.  The unlawful and unjustified levying of war by the Crown against Hauraki iwi including the bombardment, and the burning of whare and cultivations of Hauraki settlements at Whakatiwai, Paparata, Opuaruru and Mangatangi River.

  3.  The cynical use by the Crown of military means, or the threat of military means as a policy tool in preventing alliance between Hauraki and Waikato.

Raupatu

  1.  The development by the Crown of confiscation policy with little consideration for the actual political disposition of iwi.

  2.  The unjustified and unlawful confiscation by the Crown of large blocks of Hauraki lands in East Wairoa, central Waikato and Tauranga in circumstances where the vast majority of Hauraki had maintained neutrality during fighting.

Compensation

  1.  The operation by the Crown of the Compensation Court so as to extinguish customary title and individualise the title to lands returned so as to undermine Hauraki authority over land.

  2.  The refusal of the Crown, through the Compensation Court, to restore tribal land and resources to Hauraki iwi (prior to the passage of the New Zealand Settlements Amendment Act 1865), so as to effect the compulsory purchase of

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