scheme on Te Pungapunga blocks which the Mangakahia whanau had kept for their use and occupation. We have been greatly assisted in our consideration of those issues by the well-researched and detailed evidence submitted by and for the Wai 475 claimants.⁷²

(13) Wai 663: Ngati Rahiri Tumutumu

Wai 663 was lodged in January 1997 by Tanengapuia Te Rangiawhina Mokena on behalf of themselves and for Ngati Rahiri Tumutumu.⁷³ According to claimant counsel’s submissions, the claim concerns the alienation of Ngati Rahiri-Tumutumu lands and other taonga’. The focus of the claim ‘is upon the lack of Crown protection of Ngati Rahiri-Tumutumu authority over their ancestral lands and taonga, as required under the principles of the Treaty of Waitangi and in particular the Mokena whanau claims regarding Te Aroha Township’.⁷⁴ In closing submissions, claimant counsel also stated that ‘This claim serves as evidence of the process of individualisation of title introduced by the Native Land Court and the way in which Ngati Rahiri-Tumutumu’s tribal estate was eroded as a result of that individualisation process’.⁷⁵

The Wai 663 claimants rely on the evidence and submissions of the Wai 100 claimants with regard to ‘the general policies and practices of the Crown … concerning Crown purchases, the Native Land Court and the Crown’s treatment of taonga’.⁷⁶ The specific matters claimed by the Wai 663 claimants relate to the Crown purchase of the Te Aroha block in 1878, the proclamation of the Te Aroha goldfield in 1880, and the creation of Te Aroha as a township serving the goldfield, including the acquisition of land for public works projects, and Te Aroha mountain and the hot springs at its base.⁷⁷ A further claimant issue concerns the alleged failure of the Crown to return land in the Te Aroha township that was gifted for the purpose of creating schools and churches but, ultimately, not used for those purposes.⁷⁸

(14) Wai 693: The Matamata-Harakeke block claim

Wai 693 was lodged in November 1997 by Whaitiri Mikaere on behalf of the descendants of Ngati Raukatauri (of Ngati Huarere), and concerns the alienation of the Matamata-Harakeke block.⁷⁹ The issues of claim include the bringing of the block before the Native Land Court by one owner against the wishes of the majority and the naming of that individual in the title as sole owner (others were added later); the sale of most of the block by

72. The relevant submissions and evidence in relation to the Wai 475 claim include documents A28-A31, L1-L6, L7-L11, L12-L14, L15-L18, L19, L20, K1, K3, K4, M2, Y9, and AA12.

73. Claim 1.26; doc J17, p 1

74. Document J17, p 2

75. Document Y5, p 2

76. Ibid, p 2

77. The relevant submissions and evidence in relation to the Wai 663 claim include documents A10 (pt 3), G1, J5, J17-J20, Y5, and AA14.

78. Claim 1.26(b), pp 5-6

79. Claim 1.27; docs M5, M35