Volume 1: The Claims

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Chapter 2: Statement of Claim: page 25  (28 pages)
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Chapter 2: Statement of Claim [3. Nga Hara—The Grievances]

  1.  The return to Hauraki of all Crown Forest Assets within the Hauraki rohe; the payment to Hauraki of all undispersed rentals held by the Crown Forestry Rental Trust; and the payment to Hauraki of the maximum level of compensation payable by virtue of the provisions of the First Schedule of the Crown Forest Assets Act 1989.

  2.  The immediate recognition of Hauraki traditional resource rights to the foreshore and seabed lands within the Hauraki rohe and Hauraki rights to control all access to and exploitation of those resources.

  3.  The immediate recognition of Hauraki ownership of all minerals and geothermal resources currently claimed by the Crown within the Hauraki rohe.

  4.  Monetary reparations.

3. Nga Hara—The Grievances

Maori [of Hauraki] born in the 1840s would have been—if lucky enough—still alive in the early 20th century. A single lifetime would have encompassed a series of major transformations—a brief time of prosperous commerce with the colonial capital, a time of war and blockade, the falling of the great forests, the gold rushes and the establishment of the gold industry, the decline of the Maori and the increase of the settler population, a series of major local outbreaks of diseases accentuating a situation of persistent ill health, the loss of all but a small proportion of the land, and a general condition of economic decline and social dislocation. It is important that the pace and the extent of change be kept in mind; together they constitute a complete revolution, political, social and economic, affecting the whole of life.

Oliver, WAI 100 evidence, Volume 10, p. 2

... the Rangahaua Whanui district where Maori had the least land on a per capita basis in 1939 was Hauraki, followed by the confiscation—affected districts of Waikato

and Taranaki, followed by Auckland.   Ward, National Overview, Volume 1, p. 154

THE HEADS AND PARTICULARS OF CLAIM REFERRED TO AT PARAGRAPH 2.3 HEREOF ARE AS FOLLOWS:

3.1 Crown Treaty breaches in respect of pre-Treaty transactions and pre-emption waiver transactions

We find that the transactions did not effect, and could not have effected valid and binding alienations. We consider that Maori entered into these transactions with entirely different expectations: that the transactions imposed obligations on the settlers, of which they ought reasonably to have been aware, but which they generally did not fulfil.

Muriwhenua Land Report (1997) p. 5

Pre-Treaty transactions

(a) The failure of the Crown, through the Old Land Claims Commissions of 1843 and 1856 ("the Commissions"), to investigate the nature of transactions entered

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