Rapua ngā tuhinga ruku tātari

Claim Wai 55, dealing with Te Whanganui-a-Orotu, or the Napier inner harbour, was lodged with the Tribunal in March 1988 by seven local hapu. It was granted urgency because leasehold sections in the claim area were about to be sold.

The claimants sought a finding that Te Whanganui-a-Orotu was their taonga and that they had never knowingly or willingly relinquished their tino rangatiratanga over it. They wanted the Tribunal to recommend that legislation vesting the title to Te Whanganui-a-Orotu in others be repealed or amended, that all Crown and other public lands in Te Whanganui-a-Orotu be returned, and that compensation be paid for those parts of Te Whanganui-a-Orotu that had passed from the Crown into private ownership.

The Tribunal that heard the claim comprised Bill Wilson (presiding), Bishop Manuhuia Bennett, Sir John Ingram, Mary Boyd, and Georgina Te Heuheu. Six hearings were held between July 1993 and July 1994, and the report was released in July 1995.

The Tribunal found that a number of clear breaches of Treaty principles had occurred, beginning with the Crown's inclusion of Te Whanganui-a-Orotu in the Ahuriri purchase in 1851, and it recommended that there be no further alienations of any Crown or State-owned enterprise land within the pre-1851 boundaries of Te Whanganui-a-Orotu. It also suggested that a substantial fund be set up to compensate for what the Tribunal concluded were irretrievable losses caused to the claimants.

At that stage, however, the Tribunal considered that it was inappropriate for it to make final recommendations on the issue of remedies, and it set aside a week in early November 1995 to hear submissions on that issue. In June 1998, the Tribunal released its report on remedies, which recommended that various lands in the claim area be returned to the claimants and that monetary compensation be paid.

This short report sets out the Tribunal’s proposed remedies in regard to the Wai 55 claim about Te Whanganui-a-Orotu, or the Napier inner harbour.