We need to apply the same standards to the Tauranga raupatu. In measuring the behaviour of the Crown and Tauranga Maori according to the principles of the Treaty, we need to give particular consideration to the principle of reciprocity, enunciated above. We have to consider the extent to which the Crown was tempering its exercise of kawanatanga by respect for tino rangatiratanga; and how the Treaty partners were observing their respective responsibilities in the difficult circumstances of the war.

1.6 The Report

With these principles to guide us, we now proceed to report on the claims before us. First, we describe the Maori occupation of the Tauranga Moana district up until the 1860s. We then examine the relationship between Tauranga Maori and the Crown between the signing of the Treaty of Waitangi in 1840 and the outbreak of war in Tauranga in 1864. Next, we devote two chapters to the war and its aftermath before examining the confiscation, the Crown’s acquisition of Te Puna–Katikati and the cms blocks, the return of land in the confiscation district, the alienation of that returned land, and the ongoing protests by Tauranga Maori concerning the raupatu. We make findings as necessary, and these are summarised, with our recommendations, in the final chapter of this report. These findings include both conclusions on issues of historical interpretation (called findings of fact in this report) and conclusions on claimant allegations of Treaty breach (called Treaty findings).

1.7 Chapter Summary

The main points in this chapter are:

► The raupatu aspects of all Tauranga Moana claims were addressed in hearings held between February 1998 and January 2002.

► We decided in 1999 that we would proceed to report on raupatu issues in this current report before hearing and reporting on non-raupatu issues in a subsequent report, if that proves necessary.

► In this report, the various allegations by the claimants of Crown Treaty breach are evaluated in the light of the overarching Treaty principle of reciprocity – namely, that the Crown is required to temper its sovereign authority or kawanatanga with respect for Maori autonomy or rangatiratanga. Several other Treaty principles, including those of partnership, active protection, redress, and equal treatment, are also of relevance to the task of this Tribunal in reaching findings on the Tauranga raupatu claims.