Volume 1: The Claims

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Chapter 2: Statement of Claim: page 36  (28 pages)
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THE CLAIMS

established under s. 17 of the Native Land Act 1867 and affirmed the right of each individual named on the title to dispose of their interests in the land thereby reducing the power of the rangatira to that of one individual only and the failure of the Crown to establish and maintain endowment reserves under the 1873 Act for Hauraki.

(k) In the event that it is considered that the Native Land Court was not acting for or on behalf of the Crown, then the failure and/or refusal of the Crown to ensure that aspects of the Native Land Act which could accommodate the traditional Maori systems of land tenure were applied by the Court.

Failure to respond to Hauraki protest

(1) The failure and/or refusal of the Crown to respond to the petition of Hoani Nahe seeking greater Hauraki control over the Land Court processes and greater Hauraki participation in Hauraki local decision-making structures generally.

  1.  The failure and/or refusal of the Crown to respond to the petition of 5 Thames Maori of 1872 who sought the repeal of s. 33 of the Native Land Act 1867 (which enabled Maori to charge court costs against interests in lands).

  2.  The failure and/or refusal of the Crown to respond to or adequately address the petition of Mohi Mangakahia and 19 others of 1873 seeking the repeal of sections of the Native Land Act pertaining to district officers and their complaint over the paternalistic nature of these provisions.

  3.  The failure and/or refusal of the Crown to respond to the numerous complaints of Hauraki over the terms of particular decisions of the Native Land Court, including decisions at Owharoa, Waihi, Karaka, Te Hape, Thames, Waikawau, Komata and other Hauraki lands.

  4.  The failure and/or refusal of the Crown to recognise and/or support Hauraki initiatives aimed at gaining greater control over the process of establishing title to land, and in particular the Thames Native Land Committee established under the Native Committees Empowering Act 1883 by Hauraki and the demands of Hauraki that the question of partitions of Ohinemuri be left to them to decide.

  5.  The failure and/or refusal of the Crown to undertake consultation with Hauraki, or to review or halt the operation of the land laws in the district, in the face of an express wish from a large group within Hauraki to slow or halt or amend considerably their operation in the district, as expressed in the Whaka Kotahitanga petition and associated meetings.

  6.  The continuation by the Crown of the operation of the Native Land Court in the face of the Kotahitanga meetings and petition and attempted boycott of

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