Chapter 2: Statement of Claim [3. Nga Hara—The Grievances]

Ownership

1.  The failure and/or refusal of the Crown to formally recognise and/or actively protect Hauraki ownership of their foreshore lands and resources.

2.  The active pursuit by the Crown of a policy aimed at the arrogation of title to the foreshore lands and resources to the Crown through the unilateral reinterpretation of the extent of ownership rights held by Hauraki as usufructuary rights only.

3.  The unlawful issue of a proclamation by the Waste Land Commissioner proclaiming all land above and below high water mark to be reserved for Crown purposes as a stop-gap measure so as to prevent Hauraki from entering into private transactions with their foreshore lands and resources.

4.  The subsequent enactment by the Crown of the Thames Sea Beach Act which reimposed the Crown right of pre-emption over the Kauaeranga foreshore without Hauraki consent and in order to prevent Hauraki from entering into any private leasing arrangements with their lands in a manner calculated to directly undermine the rangatiratanga of Hauraki over the foreshore.

5.  The failure and/or refusal of the Crown to ensure that the Native Land Court gave effect to the full extent of Hauraki ownership rights in respect of the foreshore lands.

Native Land Court

6.  The subsequent removal by the Crown of the foreshore from the jurisdiction of the Native Land Court in the Auckland province by the issue of a proclamation under the Native Land Act 1867 in order to prevent any further possible recognition of Hauraki interests (whether ownership or usufructuary) in the foreshore by the Native Land Court, and the enactment by the Crown of s. 147 of the Harbours Act in 1878 in order to preclude the Native Land Court from issuing any title to the foreshore once that proclamation ceased to have effect.

Purchase of the foreshore 1870–1872

7.  The pursuit by the Crown of the complete alienation of the foreshore despite the strong preference of Hauraki to retain ownership of this most valuable land and enter into lease arrangements only.

8.  Use by the Crown of the fact of colonisation of Thames, itself actively promoted by the Crown, as a basis for refusing to protect the legitimate property rights of Hauraki iwi in the foreshore and so as to pressure Hauraki into alienation of their rights.

9.  Crown entry into negotiations to purchase the Kauaeranga and Thames foreshore on the basis that payments constituted compensation for interference with fishing rights only, so as to deny Hauraki ownership of, and the receipt of full value for, the foreshore land and resources alienated.

33