Volume 1: The Claims

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Chapter 2: Statement of Claim: page 38  (28 pages)
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THE CLAIMS

increased value of their lands as a result of public works, due to the Crown monopoly.

Waihou and Ohinemuri Rivers Improvement Act 1910

  1.  The enactment by the Crown of the the Waihou and Ohinemuri Rivers Improvement Act 1910 which empowered the Crown to compulsorily acquire the remaining lands of Hauraki for flood protection purposes, and the failure of the Crown to provide for the assistance of Hauraki who wished to remain on those lands or for the exchange of the land taken for other productive land.

  2.  The failure and/or refusal of the Crown to provide compensation for the actual loss of the land under this legislation, providing for payment of "compassionate compensation" only.

  3.  The application by the Crown of a "betterment principle" under this legislation so as to even further reduce the compensation payable to Hauraki.

  4.  The provision by the Crown under this legislation for works to be undertaken which caused further flooding of the riparian lands of Hauraki, including the loss of waahi tapu, and the failure and/or refusal of the Crown to provide compensation for this further loss;

Hauraki Plains Act 1908

  1.  The enactment by the Crown of the Hauraki Plains Act 1908 which provided for the compulsory acquisition of the limited land remaining to Hauraki and proceeded on the demonstrably false premise that Hauraki retained sufficient land to benefit from the compulsory acquisitions and improvement works.

  2.  The utilisation by the Crown of this legislation to take hundreds of acres of Hauraki land, some of which was not required for the immediate purposes of the Act, and was therefore taken ultra vires the legislation.

  3.  The utilisation of this legislation by the Crown to unlawfully take the papakainga at Kerepehi, in the face of the determined protest of the owners.

(1) The destruction of bird, fish and other resources used by Hauraki on the plain and wetlands as a result of the operation of this legislation.

3.7 Land purchase policy

[T]he natives were told distinctly that if any natives, however few, could prove a sound title to land that they wished to sell, the offer would be entertained; and that if opposed by the tribe on no better grounds than that the land should not be sold, such opposition would carry no weight with it ...

Drummond Hay to Chief Commissioner, 4 July 1861. In Turton, Epitome, see 338. doc. ii, p. 103.

(a) The pursuit by the Crown of policies and the practices of Crown agents specifically designed to undermine tribal authority over lands in order to facilitate Crown acquisition and in particular:

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