By John Cousins
Laws allowing Maori land to be taken for public works were "wielded like a scythe" through Tauranga, the Waitangi Tribunal has been told.
Closing submissions representing years of research and decades of grievances were put to the tribunal sitting this week at Hangarau Marae in Bethlehem.
Evidence to the tribunal yesterday drew together the land confiscations and marginalisation of Maori following the 1860 Land Wars and the vulnerability of weakened Maori to further land losses from public works throughout the 20th Century.
The lawyer acting for Tauranga's biggest tribe Ngaiterangi, Spencer Webster, said Maori had been alienated from almost all their lands.
"While the rest of the community had moved to exploit the natural resources of the region, Maori have struggled to make any progress.
"There are effectively two communities in the region - the hapu communities struggling to cling to their remaining resources, traditions and values - and the non-Maori community.
"The development of Tauranga has occurred for the benefit of the general public at a substantial cost to hapu," Mr Webster said.
Counsel for Tauranga's joint tribal claims Kathy Ertel said Maori-owned land was an easy target because the complications of multiple ownership frequently made it the least developed in the district and so the cheapest to acquire.
Ownership complications also made compulsory acquisition more attractive than willing buyer/willing seller negotiations.
"The public works regime has been wielded like a scythe in Tauranga."
She argued that compulsorily taking their land should have been undertaken in the rarest of circumstances.
Instead, the Crown had adopted a "bare minimum" compensation methodology for Maori land taken for public works, she said.
And when land no longer needed for public works was offered back to Tauranga Maori many years later, it was often at highly inflated current market prices. The poor economic position of many Maori meant the price was impossibly high.
Tauranga Maori were also disadvantaged by the Crown's policy of freeholding the land for ease of administration, instead of leasing the land or drawing up an easement sufficient only to allow the work to proceed.
Tauranga claimants say the Treaty required a "generous approach" to compensation, starting with the value of the public works to the community at large.