Recognition of illegal occupation and reclamation of the foreshore prior to purchase and the failure and/or refusal of the Crown to ensure that Hauraki owners received compensation for such use.
The exclusion by the Crown of Hauraki from participation in the profits of development of those areas of foreshore devoted to public purposes.
(1) The failure and/or refusal of the Crown to act on the petitions of Arama Karaka, Hohepa Mataitaua and Matiu Pono seeking protection in the exercise of their traditional fishing rights.
3.5 Native Land Court
It [the Crown] set up a body of self proclaimed experts who had to try, and frequently failed, to interpret Maori custom ... the system invited not co-operation but contention between parties who—although the Court frequently divided the land—could win all,or lose all, on the judge's nod.
A. Ward AShow of Justice: Racial "Amalgamation" in 19th Century New Zealand, Auckland, 1974, p. 186
Introduction of the Native Land Court Act 1865
The introduction by the Crown through the Native Land Acts of a new system of title allocation specifically designed to defeat chiefly authority and traditional whanau, hapu and iwi-based systems of land tenure and social cohesion.
The introduction by the Crown of a new English-based land tenure system whose cornerstone was the individualisation of formerly communally held interests for the specific purpose of ensuring that tribal opposition to land sales could be circumvented through acquisition from interest holding individuals.
The introduction by the Crown of the "ten owner rule" so as to destroy the Maori land tenure concepts of kaitiakitanga and trusteeship and the failure and or refusal of the Crown in the pursuit of its policy of individualisation of title to ensure that all individual interests were accounted for and the effective raupatu of those individual interests not noted on the title.
The introduction by the Crown, through the Native Land Act of a free market "uninhibited by Crown pre-emption" in tradeable individual land interests, which market was designed to achieve the rapid transfer of such interests out of Maori hands and the refusal of the Crown to introduce any effective protective measures to ensure the retention by Hauraki of an adequate land base.
The introduction by the Crown of the Native Land Court whose primary purpose was to achieve the Crown policy of cheap and speedy extinction of Native title including the title of Hauraki.
General impact of Native Land Court
The use by the Crown of the Native Land Court to individualise Hauraki
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