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The iwi argued it had ahi kā (continuous occupation) over the rohe. Ngāti Whātua Ōrākei argued the Crown must adhere to tikanga and that gifting land in its rohe (area) to other iwi would be a breach of tikanga and their Treaty of Waitangi settlement. Ngāti Whātua Ōrākei gather outside the High Court in Auckland.

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