Volume 1: The Claims

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Chapter 2: Statement of Claim: page 29  (28 pages)
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Chapter II: Statement of Claim

  1.  Failure to ensure that Hauraki received a fair return for the rights ceded.

Administration of goldfields

  1.  The use by the Crown of goldfields rentals properly payable to Hauraki in order to fund provincial over-expenditure without Hauraki consent and without compensation.

  2.  The introduction by the Crown pursuant to the Goldfields Act 1866 of a new leasehold tenure to replace the system of miners' rights and to reduce the amount payable to Hauraki without consultation with, or consent by Hauraki and the failure by the Crown to pay all or even a portion of the new lease rentals to Hauraki.

  3.  The failure by the terms of the 1866 and 1868 Acts to provide for the protection of such residences, cultivations or burial grounds as were or would be excluded from the mining agreements.

  4.  The introduction of retrospective validation legislation (Auckland Goldfields Proclamations Validation Act 1869) when it appeared that certain cessions and proclamations may have been invalid in law, without first having recourse to the Hauraki interests involved in the cessions and proclamations to determine whether any adjustment of these interests may be required to better protect the Hauraki interest.

  5.  The failure of the Crown to institute a system of collection of revenues which was properly accountable to the Maori owners and the imposition upon those owners of a requirement to fund or subsidise the discharge of the Crown's obligation in that regard.

  6.  The failure of the Crown to institute a system and infrastructure for distribution of mining rentals to all Maori in Hauraki.

  7.  The general failure of the Crown to establish a system of rental payments to Maori owners which was fair and commensurate with the value of the right relinquished to the Crown.

Crown purchase of freehold of ceded goldfield blocks

(aa) The Crown policy of seeking the purchase of the freehold of ceded goldfield blocks in order to secure the interests of extractive industries with no regard for Hauraki interests in retaining those lands, including Moehau and Karaka blocks, Opango, Tawhitirahi, Waikawau and Waiwhakaurunga.

(bb) The unilateral reinterpretation of the cession agreements, by the Crown arrogating the subsurface rights of Hauraki to the Crown on the pretence that payments made under the cession agreements were for "grant of easement" only; and the taking of the subsurface rights in purchases of land without payment or compensation to Hauraki.

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