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Te Whanganui-a-Orotu Report on Remedies

Report Summary

In 1995 the Tribunal presented its substantive report on Te Whanganui-a-Orotu, which concluded that the claim was well founded and that in several instances the Crown had breached the principles of the Treaty of Waitangi.

The Tribunal considered what is an appropriate remedy to the claimants for the loss and despoilation of their taonga, Te Whanganui-a-Orotu. Accordingly, the Tribunal set out their recommendations in part 2 of this report.

The Tribunal recommended that the Landcorp farm should be returned to the claimants. However, the Tribunal did not make this proposal a binding order pursuant to section 8A (2) (a) of the Treaty of Waitangi Act 1975.  The Tribunal recommended that the farm  be returned as part of a negotiated settlement.

The Tribunal recommended that the Ahuriri Estuary be returned, in conjunction with the development of a new regime for its management, and that other Crown-owned properties and the Crown's interest in Hawke's Bay Airport form part of the negotiations between the claimants and the Crown.

The Tribunal recommends that the claimants receive a substantial fund of money, the amount to be arrived at by negotiation. It was also recommend that the Resource Management Act 1991 and other Acts be amended to prevent the claimants and other Maori from suffering prejudice in the future.

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