The land on which the Treaty House sits is owned by the Waitangi National Trust.
A Ngapuhi hapu wants the historic Treaty House and grounds returned because it believes the "unfair" sale of land was never investigated.
Matarahurahu leader David Rankin said the claim, which is still to be lodged with the Waitangi Tribunal, would be based on New South Wales Governor George
Gipps' proclamations a few weeks before the Treaty of Waitangi was signed in 1840.
Gipps said that all existing sales would have to be investigated and ownership would not be recognised until they had been investigated.
Mr Rankin said the sale by his ancestors Hone Heke and Tuhirangi of the 97ha the Treaty House sits on was never investigated, so the Crown can't claim to have paid a fair price for it.
"The Crown was meant to investigate every purchase, but when it came to the land they acquired at Waitangi, they simply decided not to act. They have breached their own agreement and their own commitments to us, and therefore they must return the land. Those are their rules, not ours, and we have plenty of evidence to support our case."
But those who sit on the Waitangi National Trust Board said the claim has little chance of success.
While the National Trust did not return calls yesterday, NZ First MP Pita Paraone, who is a member, said the Treaty estate is regarded as private property - it is owned by the trust board on behalf of all New Zealanders.
Existing legislation underscored that privately owned land was not an option for the settlement of historical grievances.
It was cheeky for Mr Rankin to go to the tribunal given he had said previously that Matarahurahu was withdrawing from the Treaty of Waitangi, Mr Paraone said.
"One has to ask the question, 'Having made that decision, how can he expect the Treaty of Waitangi to be relevant?' "
He also questioned the level of support Mr Rankin received from his hapu.
"He certainly claims his Matarahurahu side and he does it with a bit of pride. There is nothing wrong with that, but I'm not aware of the level of support he might have from his tribe. If there is support, that has not been made public."
Treaty of Waitangi historian Paul Moon said that although the tribunal had heard cases that related to transactions before 1840, it still wasn't clear if it had jurisdiction to hear the claim.
