The Treaty and its principles – our approach Sample Clauses

The Treaty and its principles – our approach. In our own Stage One report, we responded to arguments made by claimant coun- sel about the implications of Te Raki Stage One. We said that it was not our role to consider the consequences of that report for Treaty principles: that was a matter for the next stage of the Te Raki inquiry. The hearings for Stage Two of the Te Raki inquiry have concluded and the report for that stage is in preparation. As the Stage One Te Raki report noted: We have reached the conclusion that Bay of Islands and Hokianga Māori did not cede sovereignty in February 1840. In drawing this conclusion, we say nothing about how and when the Crown acquired the sovereignty that it exercises today. Our point is simply that the Crown did not acquire that sovereignty through an informed ces- sion by the rangatira who signed te Tiriti at Waitangi, Waimate, and Mangungu. What does this mean for treaty principles? Given we conclude that Māori did not cede their sovereignty through te Tiriti, what implications arise for the principles of the treaty identified over the years by both this Tribunal and the courts? That is a matter on which counsel will no doubt make submissions in stage 2 of our inquiry, where we will make findings and, if appropriate, recommendations about claims con- cerning alleged breaches of the treaty’s principles.32 29. Ibid, p 82 at [14] 30. Ibid, pp 82–83 at [16]–[17] 31. Ibid, pp83 at [18], 84 at [21]