Report on the Tauranga Confiscation Claims

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Chapter 1: Introduction: page 14  (26 pages)
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attempts by the Crown to address the grievances of Tauranga Maori. Ngai Tukairangi presented evidence to the Tribunal at Opureora Marae on 5 and 6 December 2000.36

(2) Matakana Island hapu (Wai 228, Wai 266, Wai 854)

Wai 228, Wai 266, and Wai 854 were lodged on behalf of Matakana hapu by Taiawa Kuka, the late Sonny Tawhiao, and John Toma respectively. The claims emphasise the Government attack on Tauranga Maori, raupatu, and the process by which land was returned to Matakana Maori and subsequently alienated. Three hapu with interests in Matakana Island – Ngai Tuwhiwhia, Ngati Tauaiti, and Ngai Tamawhariua – presented their evidence jointly to us at Opureora Marae on 4 and 5 December 2000. These hapu have interests in other areas as well as Matakana.37

(3) Ngati He (Wai 342)

Wai 342 was lodged by Tane Kaiawha on behalf of Ngati He, a hapu from the eastern harbour area around Maungatapu. The submissions pay particular attention to the cms purchase, Ngati He’s pre-1860 contact with Europeans; the war, surrender, and raupatu at Tauranga; the individualisation of title; and the alienation of returned land. Evidence was presented by Ngati He at Maungatapu Marae on 7 and 8 December 2000.38

(4) Ngati Makamaka (Wai 353)

Wai 353 was lodged by Patrick Nicholas. According to the claimant, Ngati Makamaka is a group with customary interests around Mauao, Otumoetai, Otamaha, and Matapihi. The submissions were principally concerned with the pre-1860 relationship between the Crown and Maori, the raupatu at Tauranga, and the legality of various Crown actions in Tauranga. No claim-specific evidence was presented on behalf of Wai 353 claimants at any of our hearings.39

(5) Ngati Kuku (Wai 489, Wai 947)

Wai 489 was lodged by Toa Faulkner. Ngati Kuku are centred on eastern harbour land around Mauao. No hearing was held specifically to hear Ngati Kuku’s evidence. Wai 947 is a claim lodged by Hori Ngatai on behalf of Ngati Kuku. Chief among the concerns of these claimants is the legality of the application of the confiscation Acts, the war at Tauranga, and the individualisation of title.40 The Tribunal received Wai 947 after the final date for the lodging of claims to be heard as part of this inquiry. However, because there was some misunderstanding over


36. Claim 1.8; docs j39, n10

37. Claims 1.10, 1.10(a)-(c), 1.11, 1.11(a), 1.56; docs j35, n19

38. Claims 1.13, 1.13(a), (b); docs j41, n7

39. Claims 1.14, 1.14(a); doc n13

40. Claims 1.21, 1.21(a), 1.60; docs n1, n4