Claims
A critical aspect of the Treaty Settlement process is that the Crown does not negotiate individual claims, but rather engages with groups that have been mandated to represent the collective interests of an iwi, hapū, or other recognised group.
This approach is meant to ensure that settlements are comprehensive and enduring. Securing an iwi mandate is essential because it demonstrates that the group has the authority to negotiate on behalf of all its members, unifying their claims into one clear, united negotiation with the Crown. Without this mandate, individual claims can’t be dealt with in the settlement process.
| CLAIM | AREA | CLAIMANT |
|---|---|---|
| WAI 1101 2003 | Maketū Peninsula A claim by descendants of the tipuna Haerehuka in regards to lands comprising the Maketū peninsula and surrounds, in the matter of land consolidation, schemes under the Native land Act1909 and its amendments. | Henry McRae, Te Uira Reg Naera, Grace Dorset Principle whānau representative: Norma Sturley Maru Tapsell |
| WAI 676 1997 | Te Awa o Ngatoroirangi Part settled by TPT – but pertains to Te Arawa being affected by the actions of the Crown in the vesting of parts of Te Awa o Ngatoroirangi in the Tauranga City Council. | Raewyn Bennett |
| WAI 1475 | Ownership of Maketū A Sec 72 Descendants of Ieni Hans andand Te Ao Kore Warangi relates to original ownership of the block by Ieni Hans Tapsell. | Theresa Ngawaka Horne, Te Wano Walters, Maru Tapsell, Hone Ihaka Devon |
| WAI 325 1992 | Ownership of Maketū A Sec 72 Failure to thoroughly investigate the original owner interests before passing Sect 8 (1) of the Native Land Act 1934 granting Waihi No.6 in breach of Article 2 of the Treaty of Waitangi. | Clem Tapsell |
| WAI 1791 2008 | Maketū, Whareama and Little Waihi Relates to breaches in the claims area of Maketū, Whareama and Little Waihi. | Huia Tapsell Jackie Butcher Clem Tapsell Larissa Wharepouri and Gilly Parker |
| WAI 2147 2008 | Lands taken under the Maketū Land Consolidation Act Relates to lands taken under the Maketū Land Consolidation Act. | Richard Whenuariri Tapsell, Te Wano Walters, Joan Waterreus, Maria Brenda Horne |
| ROTORUA CLAIMS | ||
| WAI 1883 2008 | Waimihia Waingaehe Lands claim Relates to grievances that occurred within the traditional boundaries of Ngāti Whakaue and the geographical area from Waimihia in the west to Waingaehe on the southern shores of Lake Rotorua. | Anaru Te Amo Paul Tapsell |
| WAI 410* | Te Kouramawhitiwhiti No 1 and Te Wharau a Tahora Whakarua Acquisition of the lake frontage land specifically to lands known as above, which relates to WAI 94 Ngāti Whakaue Endowment lands that were being negotiated at the time. | Hamuera Walker Mitchell |
| WAI 1963 | Alienation of Pukeroa Hill Effect of the 1993 settlement agreement with the Crown and the subsequent grievance created that impacts certain sections of Ngāti Whakaue. | Hamuera Walker Mitchell |
| WAI 335* WAI 268 | Geothermal Resource Failure by the Crown to protect customary geothermal resource within Ngāti Whakaue boundaries. Wrongful taking of the geothermal resource by the Crown under various legislation, in particular breaches under the Thermal Springs District Act 1881. | Hamuera Taiporutu Mitchell and others |
| WAI 2227 | Motutara Peninsula Relates to wrongful acquisition of ancestral lands andand hereditaments of Ngāti Hurungaterangi lands located on what is known as Pukeroa Oruawhata block and more particularly the areas of Government Gardens, the Blue Baths and the Polynesian Pools | Edward Herewini Mutu |
| WAI 1881 | Ngāti Whakaue Taonga All Taonga acquired by the Crown and its agents, those sitting in collections housed in NZ Museums | Te Kiri Wheroewa Mitchell Aleisha Mitchell |
| WAI 1204* | Ngongotahā Maunga | Kanohi Mohoao Wiliata |
| WAI 316* | Mamaku Railway Lands Failure by the Crown to utilise the land ngā hapū provided for the construction of a railway for the benefit of the district, residents and hapū. | Nirai Manahi Ngāti Pukaki, Ngāti Rautao, Ngāti Waoku, Ngāti Hika, Ngāti Ririu, and Ngāti Karenga |
| WAI 317 | Whakarewarewa and Horohoro State Forests Wrongful acquisition by the Crown of the greater part of Ngāti Whakaue lands and interests in particular 2 forests | Hamuera Taiporutu Mitchell and others |
| WAI 384 | Ohinemutu Village (Imposition of Rates) Crown’s failure to apply the terms of the Rotorua Township Agreement in terms of recognising Ōhinemutu Village as a Kāinga Māori – not being subject to rating under all rating legislation since 1880. | Anaru Te Amo |
| WAI 533* WAI 268 | Whakarewarewa Geothermal Valley and State Forest Whakarewarewa No 3 | Te Au Nikora, Hokimatemai Kahukiwa, Tobias Hona |
| WAI 1357 | Estate of Rotohiko Haupapa Loss of lands and prejudice as a result of Native Land Court and Crown Purchasing. | Tony Paretene Haupapa, Terrence Raniera Phillips |
| WAI 2286 | Application of legislation and policies Relates to consolidation schemes, settlement of railway lands, legislation and Native land Court actions. Ngāti Rangiiwaho and Te Arawhata Taro whānau. | Cynthia Ngahuiatapu Smith |
| WAI 2083 | Owhatiura Land blocks Lands alienated by the Crown, including Puketawhero Recreation Reserve, the old abattoir site, the Owhatiura Hill and surrounds including Te Ngae Shopping Centre – by Public Works Act, Rating Act and Acts of Parliament and subsequent policies. | Hiwinui Heke replaced by Matt Heke |
| WAI 2459 | Rika Whānau Land Claim Actions or inactions as the case may be, has disadvantaged the Rika whānau from occupying and developing the whenua. | Walter Rika |
| WAI 2296 | Mere Tira Kahurangi Lands Rights and interests that were alienated, denied, excluded and lost to her descendants as a result of Crown actions and omissions. | David (Rawiri Stephens) |
| WAI 2505 | Niramona Pini Land Act (circa 1896) Actions of the Crown that allowed this Act to illegally transfer ownership of the Utanga block at Ōhinemutu to private interests and then onto the Crown. | Ben Manley |
Claims can be categorised as:
Land Loss
Loss of lands and prejudice as a result of Native Land Court and Crown Purchasing Relates to Consolidation.
Schemes, settlement of railway lands, legislation and Native land Court actions.
Forestry
Categorised under Land Loss.
Geothermal Resources
Failure by the Crown to protect customary geothermal resources within Ngāti Whakaue boundaries.
Wrongful taking of the geothermal resource by the Crown under various legislation, in particular the Thermal Springs District Act 1881.
Rotorua Township Agreement
Effects of the 1993 settlement agreement with the Crown and impact of the informal amendment to WAI 94.
Crown Relationship
Continued failures by the Crown to honour the agreements, relationships and generosity of ngā hapū o Ngāti Whakaue terms of land taken, behaviour of its agents in the acquisition of lands – these failures in itself contributed hugely to the loss of land, our tūpuna rangatira loss of mana, breakdown of our tribal structures.
Understanding the difference between hapū and whānau claims
Hapū and whānau claims refer to the different levels at which grievances against the Crown may be lodged, based on historical breaches of the Treaty.
Whānau Claim
A whānau claim is usually about a grievance raised by a family group. They are generally more focused on specific, personal grievances that may not require large-scale redress. In Treaty settlements, these claims tend to be smaller and focus on specific issues, like injustices or breaches of the Treaty of Waitangi that directly affected the family, their lands, rights, or resources. They might also involve things like land loss or specific actions by the Crown that impacted the whānau.
Hapū Claim
These claims cover bigger issues than whānau claims, often involving significant losses or grievances around land, resources, and rights that affected the whole hapū. These claims usually deal with larger-scale breaches by the Crown, like land confiscations, loss of fishing or forestry rights, or other breaches that impacted the ability of the hapū to thrive economically and socially. Hapū claims typically involve larger-scale negotiations and settlement processes.
