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2005-2006 Maori L. Rev. 1 (2005-2006)

handle is hein.journals/maori2005 and id is 1 raw text is: February 2005 M* L CONTENTS WAITANGI TRIBUNAL Report on the Tauranga Confiscation claims Disclaimer: The information contained in this publication is a summary only. You should seek professional advice before taking any action in relation to matters dealt with in this publication. No responsibility is accepted for any loss arising from reliance on information in this publication. Editor Tom Bennion PO Box 23280 Cable Car Lane Wellington, New Zealand Phone (04) 473 5755 Fax (04) 473 5751 Email tom@bennion.co.nz Associate Editors: Rebecca Paton, Malcolm Birdling Researcher. Charlotte Castle Publisher. Tom Bennion PO Box 23280 Cable Car Lane Wellington, New Zealand North American Sales: Gaunt Publishers 3011 Gulf Drive Holmes Beach Florida 34217-2199, USA Fax (813) 778 5252 Phone (813) 778 5211 Internet Web Site: www.bennion.co.nz © Copyright Tom Bennion 2005 This issue may be cited as: Maori LR February 2005 ISSN 1172-8434 WAITANGI TRIBUNAL Tauranga Moana Report 2004. Report on the Tauranga Confiscation claims Judge Richard Kearney (presiding), the Hon. Dr Michael Bassett, John Clarke, A reta Koopu, Professor Keith Sorrenson. 11 August 2004 This report deals with raupatu or confiscation claims in the Tauranga district up to 1886 - when confiscations had been completed and lands which were not required by the Crown had been returned. Overall, the Tribunal rejected a Crown argument that, although the confiscation of 42,000 acres in Tauranga was a breach of the Treaty, since the remainder of the confiscated district was returned, the actual prejudice was fairly limited. The Tribunal said that the prejudice suffered through confiscation was comparable with that suffered by the Taranaki, Waikato, and eastern Bay of Plenty iwi. Procedural matters When setting the boundaries of this inquiry district, the Tribunal refused a request from the Waitaha hapfi to include all of its rohe. The Tribunal felt that the confiscation lines, although they cut through the rohe of several hapu, nevertheless provided the best limits for the main issue in the inquiry - confiscation. The confiscations had been the subject of a relatively recent settlement, enshrined in the Tauranga Moana Maori Trust Board Act 1981. This provided $250,000 as a full and final settlement. The Tribunal commented that, despite those words, it was required under the Treaty of Waitangi Act 1975 to examine claims in light of the principles of the Treaty. The Crown took the position that the basic act of confiscation was a Treaty breach because of the precedent set by statements to that effect in the Waikato Raupatu Claims Settlement Act 1995. However, the Tribunal noted that: The Crown concession was of limited assistance since it did not concede that any prejudice had actually been suffered by Tauranga Maori. The Tribunal should still inquire fully into claims, no matter what any Crown concessions proposed. One claim concerned Tuhua or Mayor Island and alleged that, following confiscation, the island was returned to the wrong people. Owners of the island told the Maori Land Court that they could not transfer shares in the land due to the claim. Research had shown the claim was without any basis. Due to the difficulty noted in the

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