into in accordance with Maori customary law between Hauraki and settlers prior to 1840.
The wrongful adjustment of the respective interests of Hauraki, settlers and the Crown by the Commissions on the assumption that these transactions were sales in accordance with English law when in fact the transactions were arrangements in accordance with Maori customary law.
The subsequent refusal by the Crown, in the face of significant Maori opposition to surveys or other actions in pursuance of Crown grants from the Commissions of 1843 or 1856, to further investigate the nature of the transactions undertaken, the sufficiency of their terms or the extent to which the Crown's obligations generally to Maori pursuant to the Treaty were discharged before the transactions were confirmed.
The failure on the part of the Commissions of 1843 and 1856 to pay any or any sufficient regard to Maori objections and protests in respect of incorrect boundaries; insufficiency or failure of payment; failure to reserve areas promised for reservation; or durability of the agreement.
Pre-emption waiver
The waiver of Crown pre-emption between 1844 and 1845 without enacting any or any sufficient mechanism to ensure the proper discharge of the Crown's further Treaty obligation to ensure a proper understanding of the Maori intention in the transaction, sufficiency of terms and retention of sufficient remaining land.
The failure of the Crown to adequately investigate, inquire into or control in the respects set out in paragraphs (a) to (d) herein the pre-emption waiver purchases from Hauraki Maori between 1844 and 1845.
Surplus lands
The arrogation by the Crown to itself the so called "surplus lands" found to be within the boundary of the pre-Treaty purchases by Fairburn in south Auckland and by Webster, Abercrombie and Nagle in southern Great Barrier Island and within the boundary of the pre-emption waiver purchase by Whittaker and de Moulin in southern Great Barrier Island but not allocated to the settler claimants when such lands ought to have been returned to Maori.
Crown purchases to 1850
The acquisition by the Crown of the Hauraki interests in the Mahurangi and Kohimaramara blocks from Hauraki without first ascertaining the Hauraki intentions in or understanding of the transaction, on terms which were inconsistent with the Hauraki interest and which paid no regard to the protection of continuing Hauraki rights in the land.
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