In the Waitangi Tribunal

P.O. Box 5022

Wellington

IN THE MATTER OFthe Treaty of Waitangi Act 1975

AND

IN THE MATTER OFA claim by Raharuhi Akuhata (aka Sonny Akuhata) on behalf of himself, and his whanau.

CONCERNINGThe Publics Works Act Legislation

STATEMENT OF CLAIM

Dated this day 17 February 07

1. The Claimant

  1. This claim is lodged by Raharuhi Akuhata (“the Claimant”).
  1. The Claimant is a direct descendant of Ruawaipu (eponymous ancestor who held manawhenua from the Whangaparaoa river in the north, to the Reporua stream in the south).
  1. The Claimant is a direct descendant of Kauwhakatuakina (commonly known as Te Whanau a Kahu).

2.The Claim: The Cause of Action

  1. The Claimant states that this matter falls within one or more of the matters referred to in Section 6 (1) of the Treaty of Waitangi Act 1975 namely:
  1. That he is Tangata whenua (aka, maori)
  1. That his whanau and hapu have been and continue to be prejudicially affected by the various Acts, conservation legislation, policies, practices and omissions adopted by, or on behalf of the Crown NZ.

3.Statement of Claim

  1. The Claimant says that by way of the Public Works Act legislation (enacted by the Crown without the consent and authority of Ruawaipu whanau – hapu), 10 acres of Whetumatarau block was taken from tangata whenua without consent.
  1. The block today maybe identified as C4.
  1. The Claimant says his kaitiekitanga was established long before NZ parliament legislation.
  1. The Claimant asserts his Kaitiekitanga prevails over Crown legislation and that the Crown failed to protect his Kaitiekitanga.
  1. The Claimant says that the Public Works Act legislation gave the ability for Matakaoa County Council to take without consent this whenua and its Manawhenua and Manamoana rights. Thus impeding the claimants Tikanga, Whakapapa, Tino rangatiratanga and affecting his relationship with his kaitiekitanga taonga tuku iho obligations.
  1. The Claimants says that the Public Works is a legislative tool designed to alienate him from his kaitiekitanga and manawhenua.
  1. The Claimant asserts that the Public Works legislation is in breach of Te Tiriti o Waitangi and can not be held to be lawful, legal or moral.
  1. The Claimant asserts that the Public Works legislation was and is a colonial tool to open up access to native soil for colonisation and was an action of theft under English law doctrine.
  1. The Claimant asserts that English law could not apply on native soil.
  1. The Breaches
  1. 1894 Public Works Act: The Act was used to take whenua without an original land ownership title determination.
  1. The Public Works Continual land exchanges and transfers of fictitious titles was done without the original kaitieki consent. This is contrary to section 37 of the Royal Instructions (by way of Charter) December 1840, which protected the rights of native land for its native occupiers and descendants.
  1. The Governor assumed ownership and control of the whenua (NZ Gazette 1927 page 2470) then unethically consented to the taking of the land and vesting it into the hands of the Matakaoa Council (Crown Agents). The MC Council had no cash to meets its obligations to their county clerk, Douglas Mc Naught. In 1942, they then transferred the 10 acres in lieu of his superannuation scheme
  1. Today the land brings little benefit to the tangata whenua (Ruawaipu whanau, hapu) and is in foreign ownership.
  1. Continual land alienation to the land for the true kaitieki and Tangata whenua..

5.The Result of Prejudice

  1. It is alleged that as a result of specific prejudices by the Crown, the hapu Ruawaipu have been adversely affected and discriminated against in their political, economic, social, cultural and spiritual well being with their lands, by

(a)The foreign NZ crown indoctrinations of ownership practices.

(b)Public Works Legislation restricting Ruawaipu from exercising their kaitiakitanga.

6.Recommendations Sought

  1. That the tribunal find in favour of this claim.
  1. That the Crown relief the prejudice immediately.
  1. That the Whetumatarau land is returned to the original kaitiaki Tangata whenua, te hapu Ruawaipu.

7.Particulars

  1. The Claimant wishes the Tribunal to commission a researcher to report on the claim.
  1. The Claimant asks for permission to amend this claim if necessary.
  1. That this claim is heard at Hinerupe Marae, Kawakawamaitawhiti, East Coast Turanga.
  1. The Claimant believes all affected parties of the Tribunal East Coast Inquiry District should be notified of the claim.
  1. The Claimant wishes to notify the Tribunal that he is still seeking legal representation and will notify the Tribunal in due course.

Signed ………………………………….

Claimant

Raharuhi Akuhata (aka, Sonny Akuhata).

34 Cambridge Terrace,

Kaiti,

Gisborne.

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