Ng¯ati Tuwharetoa (Bay of Plenty) Claims Settlement Bill

Part 1 cl 8
Ngāti Tuwharetoa (Bay of Plenty)
Claims Settlement
resources and wāhi tapu, and contributed significantly
to the subsequent dislocation and fragmentation of the
iwi; and
(c) its confiscation of Ngāti Tuwharetoa (Bay of Plenty)
lands was unjust and a breach of the Treaty of Waitangi
(Te Tiriti o Waitangi) and its principles.
(3) The Crown acknowledges that:
(a) the prejudice created by the confiscation was compounded
by inadequacies in the Compensation Court
process; and
(b) the confiscations were indiscriminate in that the Crown
failed to return land in full to those it did not consider to
have been involved in the actions that prompted the
confiscation; and
(c) some Ngāti Tuwharetoa (Bay of Plenty) land was
awarded to other iwi. As a result some Ngāti
Tuwharetoa (Bay of Plenty) tangata were dislocated
from the lands they traditionally occupied and cultivated;
and
(d) Ngāti Tuwharetoa(’s) (Bay of Plenty) traditional tribal
estate was further reduced by transfer under the native
land laws, including Crown purchases; and
(e) the Compensation Court and the Native Land Court
awarded land to individuals rather than iwi or hapū.
This was not consistent with customary tenure and
made those lands more susceptible to partition and
alienation; and
(f) these actions eroded the traditional social structures,
mana, and rangatiratanga of Ngāti Tuwharetoa (Bay of
Plenty). The Crown failed to adequately protect Ngāti
Tuwharetoa (Bay of Plenty) from the impact of these
actions and this was a breach of the Treaty of Waitangi
(Te Tiriti o Waitangi) and its principles.
(4) The Crown acknowledges that the cumulative effect of the
Crown’s actions, particularly its failure to actively protect
Ngāti Tuwharetoa (Bay of Plenty) interests in the land they
wished to retain has left the iwi virtually landless. The Crown
breached the Treaty of Waitangi (Te Tiriti o Waitangi) by
failing to ensure that Ngāti Tuwharetoa (Bay of Plenty) were
left with sufficient land for their present and future needs.
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