While making the above concessions, the Crown offered evidence, apparently in mitigation, about the origins of the conflict between the Crown and Waikato - evidence not considered by the Waitangi Tribunal prior to the negotiation of the 1995 Waikato raupatu settlement. Essentially, the Crown argued that Governor Grey’s policy from late 1861 was peaceable, but that he felt obliged to assert military authority over Waikato following the attack on British troops in Taranaki in May 1863 (apparently instigated by the Kingitanga leader Rewi Maniapoto), and indications of a possible attack on Auckland by elements of the Kingitanga. We have considered this and other historical evidence and find that, while there were genuine fears in Auckland of an attack, the prospect of some kind of general conspiracy or rising was exaggerated by Grey and his Ministers. The roots of the conflict in 1863 lay rather in the Crown’s failure to negotiate a genuine settlement in Taranaki, the bellicose attitude of Ministers towards the Kingitanga, and Grey’s failure to reach an accord with that body.

ES.4.2 Maramarua Forest

The map attached to the Waikato deed of settlement 1995 included the area of the Maramarua Crown Forest, but under clause 17.3 of the deed, the Crown and Waikato acknowledged ‘that the Maramarua lands were the subject of competing claims by the Hauraki Maaori Trust Board’. That matter was to be resolved by an appropriate authority or by agreement before any assets relating to Maramarua Forest were transferred. The Maramarua lands are within the Hauraki inquiry district of the Tribunal.

Hauraki claimants and Waikato Tainui did not reach agreement regarding the Maramarua lands and forest but made various submissions to us regarding them. Having examined the evidence, we find that:

► There is no need to determine a ‘boundary’ between Hauraki and Waikato as both had customary interests within the Maramarua district and share kin links and overlapping and intersecting rights along a border zone between the Waikato and Hauraki sections of Tainui waka descendants. Waikato and Hauraki retain their ancestral connections with the Maramarua district.

► If Maramarua Forest is not transferred to Hauraki in settlement of their claims, then Waikato retain only the right of first refusal to purchase, having already been paid $12.25 million as the value of the forest land by the Crown in final settlement.

► We consider that the Crown has met all its obligations in the Waikato Raupatu Claims Settlement Act 1995 and deed of settlement by the payment of money in settlement of Waikato Tainui claims to Maramarua lands.

► The Maramarua Forest and other Crown lands in the district may therefore be considered by Hauraki claimants and the Crown, through the Office of Treaty Settlements,