(8) Wai 349, Wai 720, and Wai 778: Ngati Tamatera

Wai 349 was lodged by Te Wiremu Mataia Nicholls in March 1993; Wai 720 by Tamatehura Mataia Nicholls in December 1997; and Wai 778 by by Te Wiremu Mataia Nicholls and Te Runanga o Ngati Tamatera Incorporated in November 1998.⁵¹ In July 2002, a combined amended statement of claim for the three claims asked that they be treated as consolidated for the purpose of hearing. The consolidated claim was made on behalf of ‘all the descendant whanau and hapu and the constituent whanau and hapu of the Ngati Tamatera of the Marutuahu Tribal Confederation.’ Wai 339 and Wai 778 - which had originally joined the Marutuahu group (discussed below) - elected to be heard separately (together with Wai 720).⁵² The claim, broad in scope, was described by claimant counsel:

While the claim also relates to the areas of land, lakes, rivers, seabeds, islands, minerals - in particular gold, traditional fishing grounds and reefs onshore and off shore; the indigenous flora and fauna and other species; waahi tapu and other sites of cultural, spiritual and historic significance; and other taonga tuku iho both tangible and intangible in the traditional mana whenua areas which the descendant whanau and hapu of Ngati Tamatera occupied continuously, the primary focus of the claim is the impact of acts and omissions of the Crown that were and remain in breach of the principles of the Treaty of Waitangi on the cultural, spiritual, social and economic way of life of the peoples of Ngati Tamatera specifically protected and guaranteed by the Treaty of Waitangi.⁵³

The claimants assert that pre-Treaty transactions, Crown purchases to 1865, war and raupatu, the operation of the Native Land Court and public works policy contributed to the state of landlessness which Ngati Tamatera found themselves in. Further issues of claim concern the acquisition of the Ohinemuri block and the environmental degradation of resources which Ngati Tamatera have interests in.⁵⁴

In his opening submissions, counsel for the claimants acknowledged the evidence and submissions relating to Ngati Tamatera, and to Hauraki Maori generally, made by and for the Wai 100 and Marutuahu group claims (as well as by and for Wai 418), stating that the presentation of the combined Wai 349, Wai 720, and Wai 778 claims provided ‘an opportunity to this proud division of the Hauraki peoples to echo the grievances that have befallen other Maori of the District and which have been placed before this Tribunal in voluminous evidence’.⁵⁵

51. Claims 1.13,1.32A, 1.35

52. Claims 1.13(b), 1.32A(c), 1.35(b)

53. Claim 1.35(b), p 4

54. Ibid, pp 14-23

55. Document W1, pp 2, 7-8. The relevant submissions and evidence in relation to the Wai 349, Wai 720, and Wai 778 claims include documents V1-V10, W1-W13, Z3, and AA7.