The Claims

Submitted by james on Thu, 08/28/2008 - 11:41

4.0 Comprehensive Settlement of Historical Treaty of Waitangi (Wai) Claims
The Tapuika Iwi Authority Trust is seeking to reconfirm the mandate from Tapuika members to enter into direct negotiations for a comprehensive settlement of all of Tapuika historical claims within its rohe, based on rights arising from the Treaty, or under legislation as a result of any acts or omission by the Crown or under legislation prior to 21 September 1992 and include those claims:

formally registered with the Waitangi Tribunal; or
claims as yet unregistered; or
claims yet to be expressed.

Registered claims include:

Wai 615 as it relates to the interest of Tapuika as claimed in the name of Rangiamokura Hiini
Wai 831 as it relates to the interest of Tapuika as claimed in the name of Koro Ronaki
Wai 1182 in the name of Aronia Ahomiro and others
Wai 825 in the name of Taru Kingi

4.1 Specific Historical Claims

Tapuika’s historical claims against the Crown are comprehensive land and waterway claims, and are based on (among other things) alienation of land and other taonga of Tapuika, degradation of waterways, waahi tapu and the environment generally, and the impact of local government. Tapuika’s claims also include involvement in the Tauranga land wars, particularly the battles of Te Kaokaoroa, Te Ranga and Gate Pa (Pukehinahina), and the subsequent Tauranga Bush Campaign (1864-1870).

The overarching principle of the Tapuika claims is that the Crown failed to give effect to the Treaty principle of autonomy and failed to provide for the tino rangatiratanga of Tapuika over their affairs, lands and other taonga. The specific claims against the Crown as presented to the CNI Tribunal Enquiry in July 2005 include:

That the establishment and workings of the Native Land Court and the Crown Agents was a breech of Article 2 of the Treaty resulting in the large scale dispossession of Tapuika from its lands and resources
That the Crown was biased in its dealings with Tapuika who were unfairly labelled as “rebels”, leading not only to the loss of lands but also the destruction of Tapuika lands and crops under the Crown’s “scorched earth policy”
That the Crown failed to protect the rights of Tapuika against larger iwi claims
That the “take toa” boundaries laid down by McLean was a breech of the Treaty
That subsequent legislation enacted by the Crown resulted in the further loss of Tapuika lands, forests, resources and mana
That the social-economic position of Tapuika is directly attributed to the Crown’s actions in dispossessing Tapuika of their ability to provide for the tribe and to breeches of the Treaty.