By 1849 it was starting to be felt by Ngāi Tahu that the crown had defaulted on its obligations under the Treaty of Waitangi. This included those in Otago, and resulted in a claim being made against the crown. The claim cited three main areas where the crown had failed to fulfill its obligations, building schools and hospitals, setting aside 10% of the land as reserve and providing access to food gathering resources. Ngāi Tahu took the case to court in 1868 but no decision could be reached, in part due to a lack of political will by the crown. The claim was to continue to be unresolved for more than hundred years and by the end of the century fewer than 2000 Ngāi Tahu lived on tribal land.