One New Zealand Foundation Inc.

 

GOVERNMENTS HIDE DOCUMENT

THAT GAVE NEW ZEALAND ITS LEGAL AND POLITICAL SYSTEM.

While the Treaty of Waitangi gave sovereignty of New Zealand to Great Britain and Maori the same rights as the people of England under the laws and dependency of New South Wales, New Zealand became a separate Crown Colony by Royal Charter and Letters Patent issued by Queen Victoria on the 16 November 1840. The Royal Charter was New Zealand’s first Constitution and true Founding Document as it referred to, all the people of New Zealand, irrespective of race, colour or creed.

 When you have every professional historian, Te Papa and the Government not wanting to let Queen Victoria’s Royal Charter/Letters Patent dated the 16 February 1840 be known or shown to the public, then you know there is something very wrong with our historians, governments and politicians.

 Extract from page 1 and 2 of, Regulations and other Subordinate Legislative Instruments: Drafting, Publications, Interpretation and Disallowance by Ross Carter, Parliamentary Council Office, Wellington.

 “The first written law in force and enacted in New Zealand was subordinate legislation. New Zealand was initially a Dependency of its parent Colony, New South Wales. On 15 June 1839, the territory comprised in the commission of Sir George Gipps, Governor of New South Wales, was enlarged by Letters Patent. Gipps accordingly became the Captain-General and Governor-in-Chief of the colony of New South Wales and of “any territory which is or may be acquired … by Her Majesty, Her Heirs or Successors within that group of islands in the Pacific ocean commonly called New Zealand”. The Governor and Legislative Council of New South Wales were authorised to enact laws for New Zealand as a Dependency”.

 “On 16 June 1840, the Legislative Council of New South Wales passed an Act providing for the extension to New Zealand of New South Wales laws, so far as they could be applied to New Zealand. In all, six New South Wales Acts were enacted for New Zealand”.

 The Treaty of Waitangi signed in the first 5 months of 1840 by over 540 chiefs was a document to allow New Zealand to come under British Sovereignty and the dependency and laws of New South Wales, which could not and was never challenged by other Nations. It also gave Maori the same rights as the people of England under English law, which was quickly accepted by the chiefs abolishing slavery, genocide, cannibalism and embracing Christianity among many of the chiefs and tribes of New Zealand.  In 1990, our Attorney General, the Hon David Lange made a statement on the ABC “Four Corners” program, “Did Queen Victoria for a moment think of forming a partnership with a number of signatures, a number of thumbprints and 500 people, Queen Victoria was not that sort of person”.

 New Zealand Becomes an Independent British Crown Colony.

“New Zealand became a separate Crown Colony by Royal Charter and Letters Patent issued by Queen Victoria on 16 November 1840. The Charter and Letters Patent created Legislative Council. They also authorised that Legislative Council to make, following any relevant Royal instructions, “all such laws and ordinances as may be required for the [Colony’s] Peace, Order, and good government”. Royal Instructions provided that the Council comprised the Governor of New Zealand and at least six other persons (the Treasurer, the Attorney-General, the Colonial Secretary and three Senior Justices of the Peace). A quorum was five members including the Governor, who had the sole rights to propose ordinances and raise questions for debate, could rely on the support of the three permanent officials”.

 The Treaty was never intended to be a document that set up our political or legal system, it was solely to allow Britain to gain sovereignty over New Zealand under the dependency and laws of New South Wales by asking 540 chiefs to give up their territories and governments. No more no less. It was solely a document, a contract between Her Majesty, Queen Victoria and 540 Maori chiefs to allow Great Britain to rule over the Islands of New Zealand.

 Over the years it has been taken that the Treaty of Waitangi set up our political and legal systems but this was achieved with Queen Victoria’s Royal Charter/Letters Patent dated the 16 November 1840. This was our first Constitution under Great Britain’s rule that separated us from New South Wales dependency and made New Zealand into an independent Colony with its own Governor, Constitution and government to make laws with courts and judges to enforce those laws all under the watchful eye of Great Britain.

 Queen Victoria’s Royal Charter, which has the Royal Seal attacted has been completely ignored by our historians and governments. Te Papa does not even have a copy of it on its premises!

The Treaty of Waiatngi Act 1975.

The Treaty of Waitangi had nothing to do with setting up our legal or political systems in New Zealand, therefore there should never have been a Treaty of Waitangi Act 1975 or the Waitangi Tribunal it created. The claims before the Tribunal are not Treaty claims; they are alleged breaches against the government or the Crown and should be heard by our courts today as they were in the 1930’s and 1940’s where most claims were “fully and finally” settled or in the case of the Te Roroa claim, rejected.

If the claims before the Waitangi Tribunal were heard by the Courts where the claimants could be cross-examined and “dreamt up” evidence not allowed or accepted, then most claims would fail due to lack of documented evidence held in our archives. The Treaty of Waitangi had nothing to do with setting up our legal or political systems in New Zealand. 

 In fact Lt Governor Hobson was never instructed or had the authority to give Maori special rights in the Treaty that were not enjoyed by all the people of England and none were give.

 A big ask; but we must put the Treaty where it belongs, tucked up in our archives and start using Queen Victoria’s Royal Charter/Letters Patent as our first Constitution and true Founding Document that set up New Zealand’s political and legal system as intended, irrespective of race, colour or creed.

 

For further information: www.onenzfoundation.co.nz and click onto “Royal Charter”.

 Compiled by Ross Baker, Researcher One New Zealand Foundation Inc.

Contact: ONZF@bigpond.com.au. 20/5/2014. ©