agreement, did not preclude it from subsequently negotiating for the freehold, and that the negotiation of the cession agreement was neither in bad faith nor involved a Treaty breach. We concur with the Crown view of the cession negotiations, but consider that many of the negotiations for the freehold involved breaches of Treaty principles (see below).

ES.5.3 Subsequent agreements in Coromandel

We consider that:

► Donald McLean negotiated a prospecting agreement with several Coromandel hapu in 1861. The claimants have suggested that undue pressure was used in that the Maori leaders were ‘threatened with the consequences of disorder if they did not let the Government control the situation. This is misleading. Following the gold rushes in the South Island, there was a real likelihood of a rush on Coromandel. It was reasonable for the Government to seek the right to control prospecting and mining. The rangatira who concluded the agreement were not opposed to having their land prospected.

► The claimants have submitted that the Crown subsequently secured the opening of the Tokatea block for mining against the wishes of the leading Ngati Tamatera right-owner, Te Hira Te Tuiri, by dealing with other right-owners, notably Riria Karepe. The Crown submits that it is unrealistic to expect complete unanimity from right-owners before concluding an agreement. We consider that the overriding of the wishes of a significant group of right-owners, even if they were in a minority, breached the article 2 requirement of informed consent to alienation of land rights. However, we note that Te Hira, though angry at being out-manouevred in the negotiations, accepted part of the payment and did not wish the miners to leave Tokatea.

► When mining was under way in Coromandel a further agreement was negotiated in July 1862. The claimants have submitted that this failed to take account of important matters such as payments for residence sites or for cutting timber, or to set a date from which the payments for each miner on the field would be payable. We consider these criticisms to be valid but note that, in October 1864, payments due up to that date were agreed and the respective rights of Maori and miners clarified.

ES.5.4 Thames

From the early 1860s, some Hauraki rangatira, such as WH Taipari, actively supported prospecting on their land, with the intention of opening it to mining. A general hui of Ngati Maru in July 1867 agreed that, while not all were willing to admit miners, those whanau who wished might do so. From then until mid-1868, the Civil Commissioner, James Mackay, negotiated a sequence of mining cession agreements, broadly on a hapu-by-hapu basis. The