After the signing of the Treaty of Waitangi in 1840, Maori lost land through raupatu (confiscation), pre-1865 purchases, and Native Land Court transactions after 1865. By 1939, Maori were virtually landless. This has led to the bulk of historical claims.
The grievance settlement process is setup to deal with breaches of treaty obligations by the Crown before 1992. Claimants can negotiate directly with the Crown, as Tanui did, or, like Ngai Tahu, have their claim heard by the Waitangi Tribunal and then negotiate.
CUSTOMARY
Settlement of historical grievances does not affect an iwi's right to enforce its customary rights, such as access to a beach. Historical settlements contain a clause allowing the iwi to pursue claims based on continued existence of aboriginal title or customary rights.
The foreshore case involves civil action in the Maori Land Court to assert claimed traditional use of the foreshore and seabed.
In a historical grievance case, claimants would try to prove that Crown acts halted customary and traditional use of the foreshore. But in a customary rights case, iwi have to show they have continued to use the foreshore and are entitled to customary title to protect that right. Other areas where iwi could claim customary rights are lakes and riverbeds.
CONTEMPORARY
Claims can be lodged with the Waitangi Tribunal by any Maori. Alleged Crown breaches of the Treaty can be historical or contemporary. Examples of contemporary claims are the inquiries into radio spectrum, the Maori electoral roll, and wananga educational institutes.
