One New Zealand Foundation Inc.

20 April 2011,

Her Majesty the Queen,
Buckingham Palace,
London SW1A 1AA
England.

Madam,

Re: New Zealand’s Treaty of Waitangi breached?

Since 1975, we believe Her Majesty Queen Elizabeth has allowed Her New Zealand Government/Parliament to breach the agreement (Tiriti o Waitangi) Queen Victoria made with over 500 Maori Chiefs in 1840. Many of the apartheid Act’s of Parliament, especially the 1975 Treaty of Waitangi Act and its Amendment have given advantage and privilege to Maori over non-Maori never intended or stated in the Tiriti o Waitangi.

In 1840, Consul and Lieutenant- Governor William Hobson signed a treaty on behalf of Queen Victoria with Maori where the Chiefs ceded their Sovereign rights to the British Crown (i.e. the Government, in the name of the Sovereign). See attached letter from the Royal Archives.

The Tiriti o Waitangi guarantee to the chiefs, the tribes and to “all the people of New Zealand”, irrespective of race, colour or creed “their lands, their settlements and all their property”. All the rights would be given to Maori, “the same as her doings for the people of England”. (i.e. one flag and one law for all the people of New Zealand).There was never an English version of the Treaty.

The Chiefs consented to the Tiriti o Waitangi on the 6 February 1840 by affixing their names or marks with a handshake from Governor Hobson and the words, “He iwi tahi tatou – We are now one people”. Further signatures gathered after this date were “merely testimonials of adherence to the terms of that original document”, Governor William Hobson. New Zealand became a British Colony on the 21 May 1840 and was published in the London Gazette on the 2 October 1840.

On the 25 November 1947, New Zealand adopted the Statute of Westminster, passed by the British Government in 1931. The Statute granted complete autonomy to New Zealand in foreign as well as domestic affairs but retained the King, later Queen Elizabeth as our Head of State.

We ask that Her Majesty’s legal advisors examine this agreement (Te Tiriti o Waitangi), as we believe Her Majesty Queen Elizabeth, as Head of State has allowed Her New Zealand Parliament on many occasions since 1975, to breach the agreement made by Queen Victoria in 1840. The agreement our British ancestors came to New Zealand to build a better life under their Queen’s arranged/guaranteed protection of one flag and one law for, “all the people of New Zealand”.

I have the honour to remain Madam, your most humble and obedient servant.

Yours faithfully,

Signed, Ross Baker

Ross Baker.

Researcher, One New Zealand Foundation Inc and a fifth generation New Zealander.

Encl: Copy of letter from Royal Archives.
Copy of Hobson’s final draft that was translated into Maori by Rev Henry Williams.
Copy of the Tiriti o Waitangi.
Copy of translation made for the Legislative Council by the Native Department in 1869.

 

 

 

THE FINAL DRAFT OF THE TIRITI O WAITANGI

A typed copy of the final draft Governor Hobson gave to the Rev Henry Williams and his son Edward to translate into the Tiriti o Waitangi at 4 pm on the 4 February 1840.

Her Majesty, Queen of England in Her gracious consideration of the Chiefs and the people of New Zealand, and Her desire to preserve to them their lands and to maintain peace and order amongst them, has been please to appoint an officer to treat with them for the cession of the Sovreinty of their country and of the islands adjacent, to the Queen. Seeing that many of Her Majesty’s Subjects have already settled in the country and are constantly arriving, and it is desirable for their protection as well as the protection of the natives, to establish a government amongst them.

Her Majesty has accordingly been pleased to appoint Mr. William Hobson, a Captain in the Royal Navy to be Governor in such parts of New Zealand as may now or hereafter be ceded to Her Majesty and proposes to the Chiefs of the Confederation of United Tribes of New Zealand and the other chiefs to agree to the following articles.

Article second.
The Queen of England confirms and guarantees to the chiefs and the tribes and to all the people of New Zealand, the possession of their land, dwellings and all their property. But the chiefs of the Confederation of United Tribes and the other chiefs grant to the Queen, the exclusive rights of purchasing such lands as the proprietors thereof may be disposed to sell at such prices as may be agreed upon between them and the person appointed by the Queen to purchase from them.

Article third
In return for cession of their Sovreingty to the Queen, the people of New Zealand shall be protected by the Queen of England and the rights and privileges of the British Subjects will be granted to them.

Signed, William Hobson, Consul and lieut. Governor.

Now we the chiefs of the Confederation of the United Tribes of New Zealand assembled at Waitangi, and we the other tribes of New Zealand, having understood the meaning of these articles, accept them and agree to them all, In witness thereof
Our names and marks are affixed. Done at Waitangi on the 4th February 1840.

 

 

 

 

 

BACK TRANSLATION FROM THE ORIGINAL MAORI TREATY BY; MR. T E YOUNG, NATIVE DEPARTMENT, 1869.

Victoria, Queen of England, in Her kind thoughtfulness of the chiefs and Hapus of New Zealand, and Her desire to preserve to them their chieftainship and their lands, and that peace may always be kept with them and quietness, She has thought it a right thing that a Chief should be sent here as a negotiator with the Maoris of New Zealand – that the Maori of New Zealand may consent to the Government of the queen of all parts of this land and the islands, because there are many of her tribe that have settled on this land and are coming hither. Now the Queen is desirous to establish the Government, that evil will not come to the Maori or the Europeans who are living without law.
Now the Queen has been pleased to send me, William Hobson, a Captain in the Royal Navy, to be Governor to all parts of New Zealand which may be given up now or hereafter to the Queen; and he give forth to the Chief of the assembly of the Hapus of New Zealand and other chiefs the laws spoken here.

The First
The Chiefs of the Assembly, and all chiefs also who have not joined the Assembly, give up entirely to the Queen of England forever all the Government of their lands.

The Second
The Queen of England arranges and agrees to give to the chiefs, the Hapus and all the people of New Zealand, the full chieftainship of their lands, their settlements and their property. But the Chiefs of the Assembly, and all other chiefs, gives to the Queen the purchase of those pieces of land which the proprietors may wish, for payment as may be agreed upon by them and the purchaser who is appointed by the Queen to be Her purchaser.

The Third
This is an arrangement for the consent to the Government of the Queen. The Queen of England will protect all the Maoris of New Zealand. All the rights will be given to them the same as Her doings to the people of England.

William Hobson, Consul and Lieutenant – Governor.

Now, we the Chiefs of the Assembly of the Hapus of New Zealand, now assembled at Waitangi. We, also the Chiefs of New Zealand, see the meaning of these words; they are taken and consented to altogether by us. Therefore are attached our names and marks.

This done at Waitangi, on the six day of February, in the year one thousand eight hundred and forty, of our Lord.