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

3.2 Gold and goldfields

If we unite together in this way we shall have treasures and riches, become a great people and have everything that the heart can desire. ...This requires co-operation, mutual aid and assistance. ... Your children will be benefited, our children will be

benefited....

(Daily Southern Cross, 5 June 1867 cited in Hutton, Troublesome Specimens, p. 104)

Ownership

1.  The refusal or careful omission of the Crown and Crown agents at the time of negotiations over access to the goldfields to explicitly recognise and actively protect Maori ownership of gold and other mineral resources in Hauraki; and the continuing refusal of the Crown to so recognise Maori rights in gold and other minerals up to and including the publication in 1994 of the Crown Settlement Proposals.

1852 Agreement

2.  The failure of the Crown in the 1852 Coromandel Goldfields Agreement to expressly recognise Maori ownership of gold and the failure of the Crown to make other than token financial provision for Maori by way of compensation when compared with the market value of the gold in question.

3.  The failure of the Crown to comply even with the insufficient terms and conditions of the 1852 Agreement.

4.  The unilateral abrogation of the 1852 Coromandel Goldfields Agreement in 1861 and the subsequent imposition by the Crown on Hauraki of terms and conditions severely prejudicial to Hauraki.

Tokatea

5.  The forced opening of the Tokatea Goldfield by the Crown by requiring loyalist interests within the land-owning hapu to submit their lands in order to prove their loyalty and by actively avoiding the more significant interests which refused to open the land up for mining, which tactics amounted to sharp practices and bad faith.

1861 Agreement

6.  The failure to comply even with the terms of the imposed 1861 "Agreement" necessitating numerous disputes with the Crown over rents, bridges and landing sites; the forced taking of residence sites for miners, all timber (except kauri) and the building of roads and bridges without negotiation, agreement or compensation to Hauraki.

7.  The failure or careful refusal of the Crown to provide infrastructure for the collection of payments or otherwise to make payments pursuant to the unilaterally imposed 1861 Goldfields Agreement.

8.  The failure by the Crown to pay rentals to Hauraki as agreed or to collect

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