57. I have asked the Ministry officials to provide a comprehensive list of all taonga tuturu from our area from this register, so that we can determine the nature and extent and the present physical custodial location of these taonga.

58. I have received information from the Ministry, relating to approximately 70 taonga from the Waihi Beach, Bowentown, Athenree, Te Kauri Point area (corresponding to the Tangata Whenua map) in the last thirty years. Of these about 50 are obsidian or stone flakes. The other 20 or so comprise adzes (5), wooden digging implements (3), wooden bowl (2), wooden carvings (2), part of a waka (taurapa), wooden comb from Te Kauri Point, and other objects such as a sinker, anchor, and stone pounder. It is not clear if these are all the taonga as the register information appears disorganised.

59. In responding to my request, the Ministry only provided me with some information and it withheld all details relating to the nature and contact details of the persons who found the artifact, the person who notified the find to the Ministry, the person who currently had the artifact and the location of the artifact. Therefore, I do not know if these are in a museum or with a private collector and I am unable to properly advise our kaumatua and leaders or meaningfully commence the process to repatriate our taonga.

60. We must ensure that the ownership of these taonga is placed firmly with Hauraki, the appropriate tribal owners to protect them, as in the words of Dr Pita Sharpies:

Te tino rangatiratanga includes the authority of decision making, the right to determine indigenous cultural and customary heritage rights, the right to protect, enhance and transmit the cultural knowledge in relation to all taonga.

61. Dr Pita Sharpies has also made the following points regarding this Act and I agree with his views, which clearly capture our point of view: