•     The land was not alienated with the free and willing consent of the Marutūāhu.²²

•     The virtually non-existent reserves awarded to Marutūāhu was evidence of a failure by the Crown to treat Maori equally according to our customary rights (by comparison to Ngāi Te Rangi).²³

•     The Crown breached its Treaty obligation to act honourably and in good faith towards its Treaty partner when it failed to provide the 75 acres of wāhi tapu reserves promised to Ngāti Maru and Ngāti Tamaterā.²⁴

G. ONGOING WRITING OF MARUTŪĀHU FROM THE MAP

36.         This writing of the Marutūāhu out of the pages of history in Katikati - Te Puna has a number of modern day manifestations which I now discuss.

37.         In his study,²⁵ Mr Antoine Coffin helpfully reviews various RMA policy and plan processes, especially the engagement of tāngata whenua, by the local authorities of Tauranga Moana. A study of this report and the associated document bank shows that the Marutūāhu iwi are not considered to be tāngata whenua of the Tauranga Moana Inquiry District by, at least, the various local authorities.

Local Authority recognition of tāngata whenua

(a)      Consultation

38.         Document 15 of the ‘Coffin Document Bank’ is entitled ‘Background to the Combined Tāngata Whenua Forum.²⁶ That document includes the following statements:

“Section 1 - Terms of Reference SmartGrowth Strategy Section 10.10 Background to the Combined Tangata Whenua Forum

The following paper is a draft summary of the terms of reference for the engagement of Tangata Whenua as a full partner in the on-going governance and implementation of the final SmartGrowth Strategy.

²²            Tauranga Moana Raupatu Report, page 199.

²³ Tauranga Moana Raupatu Report, page 200.

²⁴ Tauranga Moana Raupatu Report, page 299.

²⁵ The tangata whenua experience of environmental planning and management developments (including town and district planning) in the Tauranga Moana inquiry district since 1991 (September 2006) - Document Wai 215 # S7.

²⁶ Document Wai 215 #S7(a).