For those who want the summarised version from Judge Craig Coxhead who chaired the tribunal, please see below.


We anticipate that our findings and the recommendations will provide Te Raki Māori and the Crown further support and understanding as they move forward with negotiations to settle the claims of Te Raki tangata whenua In order to assist the parties with this work, we recommend that:

ӹ The Crown acknowledge the treaty agreement which it entered with Te Raki rangatira in 1840, as explained in our stage 1 report

ӹ The Crown make a formal apology to Te Raki hapū and iwi for its breaches of te Tiriti/the Treaty and its mātāpono/principles for:

■ Its overarching failure to recognise and respect the tino rangatiratanga of Te Raki hapū and iwi

■ The imposition of an introduced legal system that overrode the tikanga of Te Raki Māori

■ The Crown’s failure to address the legitimate concerns of Ngāpuhi leaders following the signing of te Tiriti, instead asserting its authority without adequate regard for their tino rangatiratanga which resulted in the outbreak of the Northern War

■ The Crown’s egregious conduct during the Northern War

■ The Crown’s imposition of policies and institutions that were designed to wrest control and ownership of land and resources from Te Raki Māori hapū and iwi, and which effected a rapid

transfer of land into Crown and settler hands

■ The Crown’s refusal to give effect to the Tiriti/Treaty rights of Te

Raki Māori within the political institutions and constitution of New Zealand, or to recognise and support their paremata and komiti despite their sustained efforts in the second half of the nineteenth century to achieve recognition of and respect for those institutions in accordance with their tino rangatiratanga

ӹ All land owned by the Crown within the inquiry district be returned to Te Raki Māori ownership as redress for the Crown’s breaches of te Tiriti/the Treaty and ngā mātāpono o te Tiriti/the principles of the Treaty


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 ӹ The Crown provide substantial further compensation to Te Raki Māori to restore the economic base of the hapū, and as redress for the substantial economic losses they suffered as a result of the Crown’s breaches of te Tiriti/the Treaty and ngā mātāpono o te Tiriti/ the principles of the Treaty

ӹ The Crown enter discussions with Te Raki Māori to determine appropriate constitutional processes and institutions at national, iwi, and hapū levels to recognise, respect, and give effect to their Tiriti/ Treaty rights Legislation, including settlement legislation, may be required if the claimants so wish

Our last recommendation above will require consideration of how to enable the meaningful exercise of tino rangatiratanga at national, iwi, and hapū levels Those discussions and negotiations will occur in part at a constitutional level and will require a sharing of power as envisaged in te Tiriti We have no doubt that this process will be challenging for the Crown, but undertaking it in good faith is essential if the treaty partnership and the Crown’s own honour is to be restored It is important that any proposed resolution to the claims involve the legislative and policy reform necessary to reset the relationship between tino rangatiratanga and kāwanatanga so that the promises of te Tiriti are realised