Volume 1: The Claims

Table of Contents
Ref Number:

View preview image >>

View fullsize image >>

Chapter 2: Statement of Claim: page 39  (28 pages)
to preivous page38
40to next page

 

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

  1. The use of divide and rule tactics by Crown agents supporting those minor sections of Hauraki which were willing to sell lands, notwithstanding the objections of the majority who wished to retain control of tribal lands.

  2. The deliberate exploitation of the system of land tenure introduced by the Native Land Act and the diminution of chiefly authority which was its result, and in particular:

  •        The making of advance payments, prior to investigation of title by the Native Land Court to those individuals who might be put on the title in order to preclude private purchase and ensure future acquisition by the Crown.

  •        The cynical avoidance of tribal opposition to sale by picking off individual interest holders, whose interests had become freely tradeable as a result of the Native Land Court processes; and the use of small and repeated payments to those individuals as a means of continually "baiting the hook".

  •        The exploitation by the Crown of survey debt through the purchase of survey liens taken out by private agents over Hauraki lands in order to facilitate purchase by the Crown.

(iii) The Crown practice of making secret payments (either in cash or goods) to Hauraki individuals for the sole purpose of securing those advances as debts against interests in land in order to force the eventual alienations of individual interests which practice was so detested and notorious among Hauraki iwi that a special and perjorative term—"raihana" was used to describe it; and the deliberate fostering of debt generally in Hauraki society by Crown agents in order to speed acquisition of lands.

  1.  The Crown pursuit of a policy of acquisition of freehold title to lands known to contain valuable subsurface and surface resources, notwithstanding the strong and expressed preference of Hauraki iwi for ongoing leasing arrangements.

  2. The Crown adoption of further policies and practices designed to ensure clear Crown advantage in the acquisition of Hauraki lands, having failed to discharge its own obligations of active protection of Hauraki land base, in particular the Crown adoption of policies and practices to unfairly reduce the purchase price by the following means:

  3.  The reintroduction by the Crown of the right of pre-emption in respect of lands which were subject to negotiation between the Crown and Hauraki so as to preclude private competition for lands.

  4. The unfair practice of Crown agents, who intentionally obscured from Hauraki the potential mineral value of their land prior to purchase in order to ensure cheap acquisition of these valuable lands by the Crown, including (inter alia) the acquisition by the Crown of Awakanae, Maumaupaki and Mauhakirau.

39