Volume 1: The Claims

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Chapter 2: Statement of Claim: page 37  (28 pages)
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Chapter 2: Statement of Claim

the court, in an effort to undermine the protest, and to continue the flow of Hauraki lands into government hands.

Commissions of inquiry

  1.  The failure and/or refusal of the Crown to utilise the inquiry of the Haultain Commission to address the fundamental Treaty breaches in the structure of the Native Land Court system.

  2.  The failure and/or refusal of the Crown to utilise the findings and evidence of the Rees Commission to address the fundamental Treaty breaches in the structure of the Native Land Court system.

3.6 Land acquisition and public works policy

...We find that the Crown was or is in breach of the Treaty as follows:

... The implementation of Vogel's policy in the claim area to the disadvantage of tangata whenua by directing public works to the development of extractive industries and farming without corresponding state assistance to existing Maori communities.

Te Roroa Report (WAI 38), p. 287.

  1.  The pursuit by the Crown of a public works policy based on the large scale acquisition of Hauraki lands and directed exclusively at extinguishing Hauraki title and the development of settlements, extractive industries and pastoral farming.

  2.  The refusal and/or failure of the Crown to ensure that any corresponding benefit, assistance or protection was given to existing Hauraki communities; and the exclusion of Hauraki from the power structures controlling the direction and pace of the public works.

  3.  The active use of public works projects by the Crown to undermine the authority of those sections of Hauraki which desired to retain control of their lands, including (inter alia) the pursuit of the construction of a road at Waihou without the consent of and in the face of the continued passive resistance of Tukukino.

  4.  The enactment by the Crown of the Immigration and Public Works Act 1870 which provided for:

  5. the taking of land without the consent of Hauraki and without compensation;

  6. the financial means to make large scale purchases of Hauraki lands;

  7. the reintroduction by process of proclamation of the Crown right of pre-emption over lands subject to negotiation between the Crown and Hauraki;

the purpose and effect of which legislation was to undermine the ability of Hauraki to retain their lands and the ability of Hauraki to benefit from the

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