11.There are sections of the evidence that cover ground from Stage 1, especially around the loss of customary land of the Marutūāhu. This is because the essence of the Marutūāhu case is that our present socio-economic deprivation is a direct consequence of all our land at Te Puna - Katikati having been ‘acquired by coercion’ and in breach of the Treaty of Waitangi (as confirmed in the Raupatu Report).

12.This landlessness and socio-economic deprivation is compounded when the wider position of the people of Marutūāhu and Pare Hauraki is taken into account. The Tribunal will recall the infamous statement in Mackay’s letter to Fitzgerald (of 16 September 1865):¹¹

“I may mention that I have through Te Moananui, and also personally, urged on the chief Taraia Ngakuti, and those members of the Ngāti Tamaterā tribe who have been in a state of semi-rebellion, the advisability of relinquishing their claims to the lands between Motukoura and Te Puna, as an atonement for the offences committed by them, as they have lost no land in the Thames District.” [Emphasis added]

13.The sick irony is that the Marutūāhu did lose all our land at Te Puna - Katikati, and did lose land in the ‘Thames District’ - almost all of it:¹²

“We have seen that Hauraki iwi are left with only about 2.6 per cent of the land in the claim area.”

“Land loss does not necessarily lead to poverty, but for Hauraki Maori that became the case.”

14.There are also sections of the evidence that address experiences outside this inquiry district, for example RMA matters. The sole reason for this is to inform the Marutūāhu claims by demonstrating the consequences of ongoing exclusion of the Marutūāhu at Te Puna - Katikati.

REMEDIES

15.In the Raupatu Report, the Tribunal left for a future time the exercise of its powers of remedy.

16.In the nearly five years since the completion of the Stage 1 hearings and the two years since the release of the Raupatu Report, there has been very little progress. The Crown has not:

>Recognised a negotiations mandate for any of the tribes of Tauranga Moana or Pare Hauraki; nor

>Returned any taonga to these tribes.

¹¹Wai 215# M9(a) - Document 15 (Volume 1 - Battersby Document Bank).

¹²Hauraki Report (Wai 686), pages 1163 and xivi.