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
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Editor
Tom Bennion
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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
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Internet Web Site:
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 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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