One New Zealand Foundation Inc.

QUEEN VICTORIA’S TWO ROYAL CHARTERS/LETTERS PATENT  

NEW ZEALAND’S TRUE FOUNDING DOCUMENTS.

New Zealand’s True Documented History, Not the Propaganda by Government! 

The following information has been obtained by the One New Zealand Foundation Inc. from New Zealand, Australian and American Archives, plus the British Parliamentary Papers.  

Queen Victoria’s first Royal Charter/Letters Patent dated 30 July 1839 claimed British Sovereignty over all the islands of New Zealand by the “Law of Nations” and placed New Zealand under the dependency of New South Wales Government. The second Royal Charter dated 16 November 1840 separated New Zealand from New South Wales dependency and made New Zealand into a British Colony with a Governor and Constitution that set up our political, legal and justice systems under one flag and one law, irrespective of race, colour, or creed. See copies of both Royal Charters/Letters Patent below.  

Both Charters were issued by “Victoria by the Grace of God” under, “The Great Seal of the United Kingdom of Great Britain and Ireland”. New Zealand’s true “Founding Documents”.

The Treaty was not our “Founding Document”, it only asked Maori, “To give up their kawanatanga/government in Article 1, and in return, they would become British Subjects with the same rights as the people of England” in Article 3. Article 2 guaranteed all the people of New Zealand protection of their land, their settlements, and all their property. This is fully explained in the Preamble of the Treaty, which is a vital part of the Treaty as it explains why a Treaty was needed and how it was to be administered. After each chief signed the Tiriti o Waitangi at Waitangi on 6 February 1840, Governor Hobson shook their hand and repeated, “He iwi tahi tatou – We are now one people”, to which the whole gathering gave three hearty cheers. The Tiriti o Waitangi’s only Principle agreed to by both parties!   

After Chief Justice, Sir James Prendergast ruled in 1877, “So far indeed as that instrument (The Treaty of Waitangi) purported to cede the sovereignty it must be regarded as a ‘simple nullity’. No political body existed capable of making cession of sovereignty”, little was heard of the Treaty until 1975 when it was dragged out, dusted off and has been continually twisted and dishonoured by the Waitangi Tribunal never intended by those that signed it in 1840.  

The Tiriti o Waitangi could not and did not give the tangata Maori, “A partnership or Co-Governance with the Crown”, because under English Law, “A British Subject cannot be in Partnership with the Crown”. Fact!

At the end of 1840, the Treaty had achieved its purpose and was filed away where it was later damaged by fire and rats. Maori had given up their individual governments and become British Subjects with the same rights as the people of England. Britain could now separate New Zealand from New South Wales jurisdiction and dependency and make New Zealand into a British Colony with a Governor and Constitution to form a government under on flag and one law, irrespective of race colour or creed, which was achieved by Queen Victoria’s 1840 Royal Charter/Letters Patent on 3 May 1841.   

Both these Royal Charters/Letters Patent have been completely ignored by governments. In fact, on 17 April 2017 the Government allowed Archives New Zealand to dismantle the Constitution Room at Archives New Zealand and place the Royal Charters of 1839 and 1840 in Archive’s repository amongst the other 6 million documents and out of the public’s view. To research these documents now, researchers must order them, that is, if they know they exist. Do you?

The Treaty of Waitangi was placed in the new $7.2 million He Tohu Exhibition at the refurbished National Library, Wellington in 2017 as, “An iconic constitutional document that shaped Aotearoa New Zealand”. The Treaty of Waitangi was only between tangata Maori, and the Queen, therefore, cannot be New Zealand’s Founding Document or Constitution that shaped New Zealand. This is just another lie by government to elevate the Treaty of Waitangi to something it was never intended to be by those who signed it in 1840.

Queen Victoria’s 1839 Royal Charters/Letters Patent

A vital part of our history governments have hidden from the public.

Below is the ‘Charter/Letters Patent’ appointing William Hobson as Lieutenant Governor of New Zealand and extending the boundaries of New South Wales to include all the islands of New Zealand in 1839. Sir George Gipps, Governor of New South Wales was in fact the first Governor of New Zealand with Captain William Hobson as his Lieutenant.            

1839 Charter/Letters Patent for New Zealand and New South Wales.

The Royal Charter/Letters Patent reads,

Victoria R

Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith – To Our Trusty and Well beloved, William Hobson Esquire, Captain of the Royal Navy Greeting. Whereas We did by certain Letters Patent under the Great Seal of Our United Kingdom of Great Britain and Ireland bearing date at Westminster the 5th day of October 1837 in the First year of Our Reign constitute and appoint Our Trusty and Well beloved, Sir George Gipps, Knight, to be Our Captain General and Governor in Chief in and over Our Territory of New South Wales, comprised within the limits therein mentioned. And Whereas We did by certain other Letters Patent under the Great Seal of Our said United Kingdom, bearing date at Westminster the 15th day of June 1839 in the Third Year of Our Reign revoke so much of the said first recited Letters Patent as describes the limits of Our said Territory of New South Wales, and did further extend the limits of Our said Territory of New South Wales (subject to such exception as is therein particularly made of certain Territories now forming the Province of South Australia) from the Northern Cape or extremity of the Coast called Cape York in the latitude of 10 Degrees 37 Minutes South to the Southern extremity of the said Territory of New South Wales or Wilson’s promontory in the latitude of 39 Degrees 12 Minutes South and of all of the Country inland to the Westward as far as the 129th Degree of East longitude reckoning for the Meridian of Greenwich including all the Islands adjacent in the Pacific Ocean within the latitude aforesaid of 10 Degrees 37 Minutes South and 39 Degrees 12 Minutes South, and also including Norfolk Island lying in or about the latitude of 29 Degrees 3 Minutes South and 168 Degrees of East Longitude from the said Meridian of Greenwich, and also including any Territory which is or maybe acquired in Sovereignty by Us Our Heirs or Successors within that group of Islands in the Pacific Ocean commonly called New Zealand, and lying in or about the latitude of 34 Degrees  30 Minutes North and 47 Degrees 10 Minutes South, and 166 Degrees 5 Minutes and 179 Degrees East longitude from the said Meridian of Greenwich. Now Know you that We reposing especial Trust and Confidence in the Prudence Courage and Loyalty of you the said William Hobson do by these Present constitute and appoint you to be Our Lieutenant Governor in and over that part of Our Territory so described as foresaid in Our said last recited Letters Patent which is or maybe acquired in Sovereignty by Us Our Heirs or Successors within that group of Islands in the Pacific Ocean commonly called New Zealand, lying in or about the latitude of 34 Degrees 30 Minutes North and 47 Degrees 10 Minutes South, and 166 Degrees 5 Minutes and 179 Degrees East longitude reckoning from the Meridian of Greenwich. To have hold exercise and enjoy the said Office of Lieutenant Governor during Our Pleasure: And We do hereby command that in the execution of such your Office you do obey all such lawful Instructions as may be from time to time addressed to you by Our Trusty and Well beloved Sir George Gipps, Our Captain General and Governor in Chief in and over Our Territory of New South Wales and its Dependencies or in the event of his death or absence from the limits of his Government and command by the Officer for the time being administering the Government of Our said Territory and its Dependencies. And Whereas it is necessary that provision be made for the execution of the Office of Our Lieutenant Governor of Our said Territories in New Zealand in the event of your Death or absence therefrom, We do therefore by these Presents authorise and empower the said Sir George Gipps or the Officer Administering the Government of Our said Territory of New South Wales and its Dependencies for the time being to nominate and appoint by an Instrument under the Public Seal of Our said Territory of New South Wales, such person as he may think fit to act provisionally as Our Lieutenant Governor of Our said Territories in New Zealand in the contingency of such your Death or absence therefrom, or until other or further provision shall be made by Us in that behalf. And We do hereby give and grant to the Officer so to be provisionally appointed as aforesaid, during the continuance of such his authority full power to hold exercise and enjoy the said Office of Our Lieutenant Governor of Our said Territories in New Zealand as fully and in every respect as effectually as the same as is hereby vested in you, or may be by virtue hereof be held, exercised or enjoyed by you – Given at Our Court at Buckingham Palace the 30th day of July 1839, in the Third Year of Our Reign.   By Her Majesty’s Command, Lord Normandy.

This is the Royal Charter/Letters Patent dated 30 July 1839 issued by “Victoria by the Grace of God” under “The Great Seal of the United Kingdom of Great Britain and Ireland” that extended the boundaries and laws of New South Wales over all the islands of New Zealand by the “Law of Nations”. There is no mention of the Treaty of Waitangi in this Charter. 

The Law of Nations.

Sovereignty over New Zealand was claimed by the Law of Nations (jure gentium) and placed New Zealand under the laws and dependency of New South Wales on 30 January 1840 by Queen Victoria’s 1839 Royal Charter/Letters Patent before the first signature appeared on the Treaty of Waitangi. 

The Law of Nations recognized no other mode of assuming dominion/sovereignty in a country of which the inhabitants were ignorant of the meaning of sovereignty, and therefore incapable of ceding sovereignty rights. This was the case with the people inhabiting New Zealand for whom it would have be impossible for Captain Cook or Lt. Governor Hobson to have obtained British sovereignty by cession. Tangata Maori consisted of hundreds of small individual tribes without any form of united government continually at war with each other for territories. Meaning of “jure gentium”, by the Law of Nations. Inst. 1. 3. 4; 1 Bl. Comm. 423.

Below is Queen Victoria’s Royal Charter/Letters Patent dated, 16 November 1840.  The Constitution of the Colony of New Zealand into a separate colony on 3 May 1841. Archives New Zealand Ref. No. ACGO 8341 1A1 9.

Royal Charter of 1840. Constitution of the Colony of New Zealand into a separate Colony 3 May 1841.

 

 

This is New Zealand true Founding Document and first Constitution.

The Constitution Reads:

Above is the “Constitutional Charter” dated 16 November 1840 issued by “Victoria by the Grace of God” under “The Great Seal of the United Kingdom of Great Britain and Ireland” that separated New Zealand from New South Wales and made New Zealand into a British Colony with a Governor and Constitution that set up New Zealand’s political, legal and justice systems under one flag and one law irrespective of race, colour or creed. There is no mention of the Treaty of Waitangi in this Charter.

 

“Charter of 1840. Constitution of the Colony of New Zealand into a separate colony, 16 November 1840”

New Zealand’s true Found Document and first Constitution.  

Disc supplied by the Chief Archivist, Archives New Zealand.

Prepared by Ross Baker, Researcher, One New Zealand Foundation Inc.  10/6/2021 (C).  

For further information:  www.onenzfoundation.co.nz. OR Email: ONZF@bigpond.com.au