Wai Claims

There have been several Waitangi Tribunal claims filed by Ngāti Whakaue ki Tai tribal members relating to alleged Crown breaches of lands wrongfully taken and further acts and omissions on the part of the Crown that have prejudicially impacted Ngāti Whakaue ki Tai.
The Ngāti Whakaue ki Tai claims extend inland following the 1875 Taki Toa boundary (including the lower Kaituna and across to the Waihī estuary) and reaches out to see following the Ngāti Whakaue Mana Moana boundary. In 2023, against this backdrop and without Ngāti Whakaue ki Tai engagement and mandate, Te Kōmiti Nui (TKN) had put themselves forward as the mandated entity to negotiate Ngāti Whakaue treaty settlement for all of our iwi including Ngāti Whakaue ki Tai. Ngāti Whakaue ki Tai has rejected Te Kōmiti Nui’s proposition and desire to settle with the Crown as a distinct claimant group alongside a Ngāti Whakaue ki Uta (inland) mandated body. See here the submissions made in April 2023.

Maketu Wai Claims

We have listed a number of claims below and provided links to the original statements of claim.
See here the original statements of claim.

Comprehensive Maketu Claims

Wai 1791

This claim was brought by Huia Tapsell, Jackie Butcher, Clem Tapsell, Gillie Parker and Larrissa Wharepouri on behalf of all of Ngāti Whakaue ki Maketu.

The claim centres on the assertion that the Crown has breached its obligations under The Treaty of Waitangi to Ngāti Whakaue ki Maketu, in that the Crown:

  • Purchased lands against the wishes and consent of Ngāti Whakaue ki Tai.
  • Through the Native Land Court and Native Land legislation, failed to honour its obligation to uphold the tino rangatiratanga of Ngāti Whakaue ki Tai over its lands, waters and other taonga.
  • Through the Public Works Act, has caused great harm to Ngāti Whakaue ki Tai through wrongful taking of lands, denying access to resources and signifigant sites and failing to protect sites of signifigance.
  • Failed to equally support Ngāti Whakaue ki Tai whereas non-Māori landowners were resourced to develop their land and Ngāti Whakaue ki Tai landowners were not.
  • Has allowed the environment to degrade, negatively affecting the traditional resources of Ngāti Whakaue ki Tai.
  • Has followed policies and enacted legisation that has caused negative social and economic impacts upon Ngāti Whakaue ki Tai.
  • Through current land administration policies and legisation, has greatly restricted the potential for Ngāti Whakaue ki Tai to prosper.

The breaches are in regard to areas in and around (but not limited to) Maketu, Whareama and Little Waihi and this claim has Ngāti Whakaue ki Tai seeking to settle these matters with the Crown.

Wai 2147

This claim was brought by Te Rūnanga o Ngāti Whakaue ki Maketu on behalf of all of Ngāti Whakaue ki Maketu by Te Wano Walters, Maria Horne and Richard Whenuariri Tapsell.

The Statement of Claim asserts that:

  • The Crown has breached The Treaty of Waitangi by not having upheld the right of Ngāti Whakaue ki Tai to exercise customary title and rights to the Lower Kaituna River, Maketu Estuary, Waihi Estuary and the Ocean within the perimeters of Maketu.
  • The Crown has wrongly excluded Ngāti Whakaue ki Tai concerning lands given to other Te Arawa hapū due to the battles fought in and around Maketu.
  • The Crown has breached Te Tiriti o Waitangi through the consolidation of Maketu Lands to the Arawa District Trust Board.

Ngāti Whakaue ki Tai seeks to settle with the Crown on these matters.

Specific/Distinct Claims

Wai 325

The claim was originally brought by Clem Tapsell and Petera Tapsell on behalf of their koroua, Rewi Tereanuku Tapsell, and his descendants.

The claim alleges that the Crown wrongfully gave to the Arawa District Trust Board the freehold fee-simple title of Waihi No.6 Block now known as Maketu A Sec.127 (BledisloePark) that was originally and rightfully owned by Rewi Tapsell.

The uri of Rewi Tapsell seek to settle this matter with the Crown.

Wai 676

Pia Rolleston and Raewyn Bennett brought Wai 676 on behalf of Ngāti Whakaue, Ngāti Pikiao and other tribes of the Te Arawa confederation of tribes. This claim has been partially settled by Te Kaihautu. The Ngāti Whakaue component of this claim remains unsettled.

The claim alleges that the Crown wrongfully gave title to parts of Te Awa o Ngatoroirangi (the Maketu estuary and lower Kaituna River) to the Tauranga County Council and seeks to have title returned to Te Arawa.

Wai 1475

This claim was originally brought by Maru Tapsell, Theresa Ngawaka Horne, Te Wano Walters and Hone Ihaka Devon on behalf of Ieni Tapsell and his descendants.

The claim alleges that the Crown breached the Treaty of Waitangi by taking land belonging to Ieni Hans Tapsell and his wife Te Ao Kore Warangi, referred to as ‘Maketu A Section 72 Land Block’, as well as not making land claim payments negotiated by Ieni Hans Tapsell in the 1880s.

Their uri seek to restore to themselves any lands that rightfully belonged to Ieni Hans Tapsell and his wife Te Ao Kore Warangi as well as having Ieni Hans Tapsell’s land claims payments honoured.

Contemporary Claims

Ngāti Whakaue ki Tai through Te Rūnanga o Ngāti Whakaue ki Maketu are also involved in a number of contemporary claims including:

  • An Urgent Inquiry into the Constitutional Arrangements of Aoteroa New Zealand (in response to the policies of the coalition government)
  • The Marine and Coastal Areas Act
  • The Mana Wahine Kaupapa Inquiry
  • The Housing Policy and Services Inquiry
  • The Justice System Kaupapa Inquiry
For further information on these contemporary claims see www.maketu-rūnanga.iwi.nz