The Incorporation presented its claim to the Waitangi Tribunal on behalf of various top of the south iwi in mid June 2003.

Our hearing was significantly earlier than the Tribunal had indicated it would be, but was brought forward as part of an overall programme to expedite the hearings process. Short notice was given of the three-day June hearing but, despite the haste this meant in finalising our submissions, we welcomed being heard rather than risk losing the opportunity. In the weeks preceding the hearing we consulted with various iwi on our claims strategy. Our statement of claim focused on the issues of legislation, regulation, alienation and Treaty of Waitangi breaches by the Crown relating to our lands.

The following is a summary of Wakatu's case:

The Crown had a legal responsibility to fulfil the contractual obligation the New Zealand Company had made that 15,100 acres should have been set aside for the benefit of the Maori Owners.
Not only was 151,000 acres acquired by the Crown through the New Zealand Company, a further 300,000 acres in the Nelson/Golden Bay districts was acquired without fair compensation and without the one-tenth reserved land.
The deeds of release signed by the Maori Owners at the time were signed when those Owners were shown maps indicating an area of 151,000 acres but the deeds of release referred to "all the lands" (not just 151,000 acres) in the Wakatu, Waimea, Motueka, Moutere, Riwaka and Tetapu massacre/Golden Bay districts.
The consideration paid for those deeds of release only related to 151,000 acres.
Land has been taken from the Tenths Estate under the Public Works Act without purchase of substitute land and land was taken unnecessarily.
The Maori Affairs Amendment Act 1969 resulted in the Maori Trustee selling land from the Tenths Estate without the consent of all or even a majority of the Owners.
The Tenths Reserves were not properly administered by the Crown from 1840 until 1882, during which period there was a series of decisions affecting the Tenths Estate on which the owners were never consulted. This included the creation of the perpetual leases.
Creation of perpetual leases has resulted in conflict and cost to the Owners as well as significant loss of income.
The creation of prescribed perpetual leases resulted in significant losses for the Owners.
The introduction of uneconomic interests resulted in further loss for Owners and their families.
The various trustees of the Tenths Estate acted only as rent collectors.
Certain provisions of the perpetual leases are still unworkable, for example the concept of unimproved value, and means further cost and loss to the Owners.

The Waitangi Tribunal’s report on the WAI56 claim has been delayed indefinitely by Tribunal staff resourcing issues. The report had been expected in 2005.

A large natural grouping has been formally established and mandated – Tainui Taranaki ki te Tonga Ltd (TTKTT) - to progress a strategy for redress over Treaty of Waitangi claims, It has two directors from each of the five parties with claims. Rore Stafford and Waari Ward-Holmes are our directors. Ngati Rarua, Ngati Tama, Ngati Koata and Te Atiawa have their own representatives.

The company has been established in a way that will enable it to be dissolved whenever the parties to it see fit – ie, when it is no longer necessary to the settlement process. Former Wakatu Incorporation associate director Chris Atutahi is project manager for the company.

TTKTT’s development of the strategy revolves around 20 hui to talk about the issues and processes, and to seek a mandate from everyone who is party to the claim to negotiate a settlement for ratification by the people. The hui have been very useful in resolving confusion among some people about the detail of the claim and about the Incorporation’s role within the large natural grouping. They have also resolved concern at the prospect of “double dipping” in any settlement as a result of the Incorporation representing people already represented by the iwi. This will not occur. The Incorporation is simply the kaitiaki of the WAI56 claim. The main thing for everyone to remember is that the argument is not between one another. Rather, it is with the Crown. We need to sail together in one waka.

TTKTT commissioned lawyer,Tom Bennion, to summarise the two preliminary reports released in July and September 2007 by the Waitangi Tribunal. Please visit www.tainuitaranaki.co.nz to view the summaries of the Waitangi Tribunal’s preliminary reports, or www.waitangitribunal.govt.nz to view the full reports (numbered 785 and viewers need to scroll down to locate the relevant reports).

Terms of Negotiation were signed with the Crown late in 2007. It is hoped settlement will occur in a timely manner.

A formal communications strategy has been developed, including regular panui through the established networks of the four iwi and Wakatu Incorporation. A website has been established - www.tainuitaranaki.co.nz - and a freephone number (0800 088 588) set up to handle inquiries.