One New Zealand Foundation Inc.

The Ombudsman supports the Government by refusing to investigate our complaint.

In 2014, fellow researcher Jean Jackson (Ngai Tahu) contacted me asking if I had ever researched Queen Victoria’s 1839 and1840 Royal Charter/Letter Patents

I must admit, after researching New Zealand history for over 30 years, I have never seen any research on the Royal Charters by any other researchers. Yes, it was mentioned a couple of times, but there was no in-depth research into the Royal Charters.

I, with other members of the One New Zealand Foundation Inc decided to thoroughly research the 2 Royal Charter documents and were surprised what we found.

How could we have overlooked our true Founding Document and first constitution that was on public display in Archives new Zealand‘s Constitution Room for over 25 years? 

This document was issued by “Victoria by the Grace of God” under, “The Great Seal of the United Government of Great Britain and Ireland”. Not only was it issued by Queen Victoria under the Great Seal of the United Kingdom, it separated New Zealand from New South Wales and made New Zealand into a British Colony with a Governor and Constitution that set up our political, legal and justice systems under on flag and one flag, irrespective of race colour or creed.

Queen Victoria’s Royal Charter/Letters Patent dated 16 November 1840 proves the Treaty of Waitangi was not our Founding Document and the reason why government were so keen to hide it from the public.

We published this fact in 2015 on our website: www.onenzfoundation.co.nz. with letters to all the other groups, politicians and Government Departments thinking the government would now recognise the Ryal Charter finally as our true Founding Document and first Constitution.

But no, the government dismantled the Constitution Room at Archives New Zealand and hid the Royal Charter in the Archives storeroom. How corrupt was that!

We sent many Official Information Act letters to Ministers and the Chief Archivist, Marilyn Little asking why Queen Victoria’s Royal Charter had been hidden from the public’s view.

Not only this, but future researchers who want to research the Royal Charter documents must now order them, that is, if they know it exists. Do you?

But there is more, the Wellington National Library was refurbished at a cost to the taxpayer’s of $7.2 million with the new He Tohu Exhibition to display the Declaration of Independence, a complete failure as British Resident, James Busby could only entice 39 chiefs to sign it before they were back fighting each other and it was abandoned without one meeting taking place, the Treaty of Waitangi that had asked the 540 chiefs to give up their governments to the Queen and in return, they would become British Subjects with the same rights as the people of England and the Woman’s Suffrage Petition..

These 3 documents were the only document removed from Archives New Zealand Constitution Room and place in the He Tohu Exhibition as, “Iconic constitutional documents that shaped Aotearoa New Zealand”. The Royal Charter was left out of the Exhibition.

The only documents that had any right to be there were the Women’s Suffrage Petition and Queen Victoria’s 1840 Royal Charter/Letters Patent, our true Founding Document and first Constitution.

Through Official Information Act letters, we found Chief Activist Marilyn Litte had decided to place Queen Victoria’s Royal Charters in Archives storeroom out of the public’s view.

After many letters over a number of months asking why the Royal Charters had be hidden from the public’s view, we were told our OIA letters were frivolous and vexatious, and no further correspondence would be entered into.

The One New Zealand Foundation Inc. decided to complain to the Ombudsman. We sent information on Queen Victoria’s Royal Charter and explained the Treaty of Waitangi had only asked the 540 chiefs to give up their government and in return, they would become British Subjects with the same rights as the people of England.

No more, no less, no Partnership and definitely, no Co-governance with the Crown!

After many letters to the Ombudsman’s Office, on 18 July 2023, we received a letter from the Chief Ombudsman, Peter Boshier stating, “I have now had the opportunity to consider your comments on the provision opinion. It is my final opinion that the Department was entitled to refuse your request under section 18(h) of the OIA. You have asked me to investigate the history of the Royal Charter document, which is not part of my of my role in investigating a complaint under the OIA”.

How could he investigate our complaint if the was not prepared to investigate the Royal Charter documents, the basis of our complaint?

He then went on to say, “You are aware you are on a management plan with this Office, whereby we will not respond to any complaints or correspondence we receive from you about these issues of the He Tohu exhibition. I will therefore not be commenting further on any of the specifics you raise in your email’. I have now concluded my investigation.

How could he conclude his investigation when he had not investigation Queen Victoria’s Royal Charet the basis of our complaint.

From the complaint we asked the Ombudsman to investigate, we believe he is supporting the Government in hiding our true Founding Document and first Constitution from the public.

This would be one of the most corrupt acts by any government; to hide our true Founding Document and first Constitution from the Public, and the Chief Ombudsman, Peter Boshier and his staff supported it! How corrupt was that!

The above is written from OIA letters and information supplied by the One New Zealand Foundation Inc. We can supply and support any of the letters and documents quoted in this article.

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

1. It was issued by “Victoria by the Grace of God” under, “The Great Seal of the United Government of Great Britain and Ireland”. This surprised me as the Treaty of Waitangi was not issued by “Victoria by the Grace of God” under, “The Great Seal of the United Government of Great Britain and Ireland” but was being used as New Zealand’s Founding Document. In fact, we knew the Treaty of Waitangi was initially drafted by the Undersecretary of Colonies, James Stephens, who was  a very strong supporter of the Clapham Sect, a group of people prominent in England from about 1790 to 1845, who campaigned to protect indigenous peoples from colonial exploitation. While little, if anything is published about the Clapham Sect in New Zealand’s history, it had a great influence on the instructions given to Captain William Hobson on the drafting of the Treaty of Waitangi.

 

2. We also knew the Treaty of Waitangi asked the tangata Maori to give up their governments to Queen Victoria and in return, they would be give the same rights as the people of England, no more, no less, no Partnership and definitely, no Co-governance.

 

3. We had always wonder how New Zealand became a British Colony with a Governor and Constitution, that set up our political, legal and justice systems under one flag, one law, irrespective of race colour of creed as there was nothing the Treaty of Waitangi that could have achieved this.

 

Our researched also showed the 1839 Royal Charter/Letters Patent placed New Zealander under the dependency of New South Wales and the 1840 Royal Charter was the document that separated New Zealand from New South Wales 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, one law, irrespective of race colour of creed. In fact, the Letters Patent of 16 November 1840 (the Royal Charter) empowered the governor to constitute courts and appoint judges to administer justice in the Colony. In 1841 an ordinance of the Legislative Council established the Supreme Court of New Zealand, which continues in existence as the High Court, which vests in the court ‘all judicial jurisdiction which may be necessary to administer the laws of New Zealand.

This came as quite a shock as we had always been told the Treaty of Waitangi was our true Founding Document, but we found this was not correct, our true Founding Document and first Constitution was Queen Victoria’s Royal Charter/Letters Patent dated 16 November 1840.

We published this fact in 2015 on our website: www.onenzfoundation.co.nz. with letters to all the other groups, politicians and Government Departments.

While we thought this would be of great interest to the Government, the other groups and the Politician’s as we now knew how New Zealand became a British Colony, but few should any interest. In fact, the Constitution Room at Archives New Zealand, where the two Royal Charter documents had been on public display for over 25 years, was demolished and the two Royal Charters hidden from the public in Archives storeroom. For researchers to research the two Royal Charters, our true founding Document and first Constitution, they now have to order them, that is, if future researchers know they existed. Do you?

While this was bad enough, the Government then spent $7.2 million of taxpayers’ money to refurbish the Wellington National Library and built the He Tohu Exhibit to hold just three documents, the Women’s Suffrage Petition, which gave women the vote in New Zealand, the Declaration of Independence that James Busby could only entice 49 to sign before it was abandoned without one meeting taking place and the Treaty of Waitangi that only asked the tangata Maori to give up their governments and in return they would become British Subjects. with the same rights as the people of England,

When we queried the Chief Archivist Marilyn Little as to why Queen Victoria’s Royal Charters/Letters Patent were not displayed in the He Tohu Exhibition, she replied, “Only a small portion of the many constitutional document held by Archives New Zealand are to be displayed in He Tohu. The three documents on display, the 1935 Declaration of Independence, the 1840 Treaty of Waitangi and the 1893 Women’s Suffrage Petition represents moments of pivotal historical significance in Aotearoa New Zealand. The decision to display these documents was approved by the project Board. The decision to return the remaining documents to the repository is made under the authority of the Chief Archivist”.

What? No room to hold two extra documents in a building that cost the taxpayers $7.2 million! This decision was made by the project Board, whoever they are and the Chief Archivist decided to return the remaining document to the repository, but they were never in the repository, they have been in the Constitution Room for 25 years in full view of the public.

We then asked under the OIA, “Where would the Royal Charters be held” and she replied, “The remaining documents currently housed in the Constitution Room, including the Charter of 1840, will be located in Archives New Zealand’s Wellington repository”.

We now know the two Royal Charters documents were deliberately hidden from the public by the Chief Archivist as they would show up the errors governments have made over the last 175 years by using the Treaty of Waitangi as our Founding Document, when it is not!

We then asked, who gave the authority to hide the Royal Charters in Archives repository out of the public’s view and she replied, “The closure of the Constitution Room, and subsequent removal of the documents housed within it, is authorised by Cabinet Minute CAB Min (12) 14/11, dated 30 April 2012. It agrees to the proposal to move the Constitution Room from the Archives New Zealand building to the refurbished National Library building”. 

Correct it did agree, “To the proposal to move the Constitution Room from the Archives New Zealand building to the refurbished National Library building”

But it did not say, to hide the Royal Charters in Archives storeroom out of the public’s view. What right did the Chief Archivist, Marilyn Little have to remove these documents from the public’s view when they belong to all the people of New Zealand?

In 2017 we wrote the Ombudsman’s Office with a complaint that the Chief Archivist Marilyn Little had removed the Royal Charters from the public’s view without the authority of Cabinet. We set copies of the Royal Charters and explaining, these documents were issued by, “Victoria by the Grace of God” under, “The Great Seal of the United Government of Great Britain and Ireland”. We also explained the 1839 Royal Charter placed New Zealand under the dependency of New South Wales, which could only have been achieved if the tangata Maori did not have sovereignty over New Zealand. This was confirmed in 1877 when Chief Justice Sir James Prendergast ruled, “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”. This ruling has never been over-ruled.

Below is vital New Zealand history researched by the One New Zealand Foundation Inc. from Archives around the world that the other groups fail to tell you. The people of New Zealand have a right to know the true documented history of their country. See Research by the One New Zealand Foundation Inc. Page 16.

 

Until the other groups return the Treaty of Waitangi to the file where it belongs and recognises Queen Victoria’s Royal Charter as our true Founding Document and first Constitution, part-Maori will rule New Zealand as the One New Zealand Foundation Inc. was concerned would happen in 1992. See letter from MP, Hon Max Bradford. Page 17.

All the people of New Zealand have been brainwashed for over 50 years into believing the Treaty of Waitangi was our Founding Document, but this is a lie. Most would never have heard of Queen Victoria’s Royal Charter/Letters Patent dated 16 November 1840, but the 1840 Royal Charter 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.  

 

The Treaty of Waitangi was NOT our Founding Document, but from the evidence below, Queen Victoria’s Royal Charter/Letters Patent is New Zealand’s true Founding Document and first Constitution.

 

Britain did pass three Acts in 1817, 1823 and 1828 in an attempt to bring law and order to New Zealand and its people, but as New Zealand was outside the British Dominion, these Acts were unsuccessful.

The first time Britain became seriously involved in New Zealand was in 1831 when 13 Ngapuhi chiefs wrote to the King of England asking him to be their friend, guardian and protector, not only from the French, but also from themselves. In 1820 Hongi Hika had returned from England with over 500 muskets and had gone on a cowardly rampage south killing or taking as slaves, thousands of his unarmed countrymen, women, and children for the fun of it and the feasts that followed. By 1831 Ngapuhi were afraid the southern tribes had armed themselves with muskets and were about to attack Ngapuhi for utu/revenge, therefore, wrote to the King of England asking him to be their friend, guardian, and protector. This is an interesting letter and gives a true indication of the plight of Ngapuhi in 1831. See page 4.

Britain sent a Resident, James Busby to New Zealand in 1832 to try and bring peace between the tribes and protection for the British Subjects who had settled in New Zealand, but without troops he was soon labelled, “A man of war without guns” by both the chiefs and settlers.

The next time Britain became involved in New Zealand was in 1835 when British Resident, James Busby tried to get the tangata Maori to claim Sovereignty and Independent Status over New Zealand by his unauthorised Declaration of Independence. The King gave his assurance that he would protect the tangata Maori and their land, “As long as it was consistent with the just rights of others and the interest of the British Subjects”, but within a couple of months,  the 34 chiefs who had signed the Declaration were at war with each other, therefore, no meetings were held to ratify the Declaration and it was abandoned. It was obvious the tangata Maori chiefs could never form a united body to claim sovereignty over New Zealand. See: Declaration of Independence on page 5.

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”.

With the intertribal fighting increasing and more British settlers arriving in New Zealand, Britain had to take a more active role in New Zealand. To do this, Britain placed New Zealand under the dependency of New South Wales by Royal Charter/Letters Patent dated 30 July 1839 that was issued by “Victoria by the Grace of God” under, “The Great Seal of the United Kingdom of Great Britain and Ireland”. See page 6.

Britain could not have placed New Zealand under New South Wales dependency if the tangata Maori had sovereignty over New Zealand!

New Zealand was now under British sovereignty, but the tangata Maori were not British Subjects, therefore, could not be protected or convicted if they did wrong, as a British Subject under English Law. In 1840, Queen Victoria made the following agreement with the tangata Maori chiefs with the Laws or Articles of the Treaty of Waitangi. See; The “official” translation by Mr T E Young of the Native Department for the Legislative Council in 1869 on page 8.

 

Article one. Asked the tangata Maori, “To give up entirely to the Queen of England for ever all the Governments of their lands”.

 

Article two.  Queen Victoria agreed to give the chiefs, their families and all the people of New Zealand protection under English Law over “their” lands, “their” settlements and all “their” property.  Queen Victoria did not have the power or authority to give the tangata Maori any special rights in the Treaty not enjoyed by all the people of England, and none were given. In the second part of Article two, the tangata Maori chiefs could only sell their land to the Queen’s agent at agreed prices.

Article three. If the tanga Maori Chief’s consented to the above, “The Queen of England would protect all the tangata Maori and give them the same rights as the people of England”. No more, no less, no Partnership and definitely, no Co-governance.

Over 500 tangata Maori chiefs agreed to this agreement on behalf of their people and became British Subjects with the same rights as the people of England when New Zealand was under the dependency of New South Wales. There was no mention of a Partnership or Co-governance with the Crown in the Tiriti o Waitangi.

Once the Treaty of Waitangi was signed, it had achieved its purpose and was filed away and another Royal Charter was issued by “Victoria by the Grace of God” under, “The Great Seal of the United Kingdom of Great Britain and Ireland” on 16 November 1840. See page 9.

Queen Victoria’s 1840 Royal Charter 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, and creed. See page 9.

The first sitting of the Legislative Council was held on 24 May 1841. It constituted a Legislative Council who were empowered to enact laws and ordinances for the government of the Colony.

The first Courts in New Zealand were established under authority of the Sovereign, Queen Victoria. The Letters Patent of 16 November 1840 (the Royal Charter) empowered the Governor to constitute Courts and appoint Judges to administer justice in the Colony. In 1841 an ordinance of the Legislative Council established the Supreme Court of New Zealand, which continues in existence as the High Court today. In fact, the 1840 Royal Charter brought into operation, British Laws throughout the whole Colony of New Zealand. See page 14.

In 1852 the New Zealand Constitution Act was passed to implement the British Westminster style of Government, which is based on the doctrine of Parliamentary Sovereignty.

Any claims by Maori against the Crown should only be heard by our Courts and not the Waitangi Tribunal as they were breaches of the Laws of New Zealand and not the Treaty of Waitangi.  Most of the genuine claims were heard by the Courts in the 1930/40’s with “full and final” settlements or, if false, were rejected.

The People of New Zealand have been so brain washed about the Treaty by the government and the part-Maori activists, that they know nothing else except the Treaty that has no real status as it was not issued by “Victoria by the Grace of God” under, “The Great Seal of the United Kingdom of Great Britain and Ireland”. In fact, Queen Victoria, Great Britain, or Ireland had no idea of what the Tiriti o Waitangi said until months after it was signed and from the many contradictory translations, still would have no idea of what it said like the rest of New Zealand because of the fraudulent translations by part Maori scholars for their own benefit, such as Sir Hugh Kawhura’s “Attempt at a reconstruction of the Maori Text of the Treaty of Waitangi”, for the 1987 Court of Appeal and used by Governments ever since.

It is also interesting to note, Attorney General, Hon Geoffrey Palmer who dreamt up, “The Five Principles for Crown Action on the Treaty of Waitangi” in 1988, stated on the ABC, Four Corners Programme in 1990, “The meaning of the Treaty in terms of its operational consequences was now, far from clear. In fact, it’s a document that is so vague, that is its primary problem”. Instead of correcting the terrible mess he had created in 1988, he and his good mate, Prime Minister, Hon David Lange, fled from front line politics. See page 18.

The Treaty of Waitangi did not make New Zealand into a British Colony with a Governor and Constitution, this was achieved by Queen Victoria’s Royal Charter/Letters Patent dated 16 November 1840.

In 2014 the One New Zealand Foundation Inc. brought Queen Victoria’s 1839 and 1840 Royal Charters to the Government’s attention and in 2017 the National Government hid the Royal Charters from the public when it dismantled the Constitution Room at Archives New Zealand and placed them out of the public’s view in Archives repository amongst the other 6 million documents. If researchers want to research the Royal Charters today, they must order them, that is if they know they exist. This was one of the most corrupt acts by any Government; to hide our true Founding Document and first Constitution from the public.

The National Government then spent $7.2 million of taxpayer’s money to refurbish the National Library, Wellington and built the He Tohu Exhibition to hold the Declaration of Independence and the Treaty of Waitangi as, “Iconic Constitutional documents that shaped Aotearoa New Zealand”. These documents are not, “Iconic constitutional documents that shaped Aotearoa New Zealand” as they had nothing to do with separating New Zealand from New South Wales and making New Zealand into a British Colony under one flag and one law, irrespective of race, colour or creed.

Finally, Maori are no longer the tangata Maori that signed the Treaty of Waitangi in 1840 and were never the tangata whenua or the indigenous people of New Zealand as they arrived in New Zealand by canoe in about 1350. Since 1865 the government has passed many Acts defining a Maori as they intermarried with other races of their own free will. Today most Maori have far more ancestry from other races, therefore, should not be treated any differently than any other New Zealand Citizen. While the Treaty of Waitangi made us all one people, intercourse between the races in more ways than one, made us all one people under one flag and one law, irrespective of race, colour or creed.

“He iwi tahi tatou – We are now one People – New Zealanders”.

 

Don’t let the part-Maori activists and the Government lie to you any longer, they must be told in no uncertain terms, our true Founding Document is Queen Victoria’s 1840 Royal Charter/Letters Patent dated 16 November 1840 issued under one flag and one law, irrespective of race, colour or creed. See the Research by the One New Zealand Foundation Inc. on page 16.

 Prepared by the One New Zealand Foundation Inc.  www.onenzfoundation.co.nz.  .

Letter from the 13 Ngapuhi Chiefs asking King William for protection in 1831

(Enclosure 2 in No.1.)

From William Yate, Esq, to the Colonial Secretary, New South Wales,
Waimate, New Zealand. November 16, 1831

Sir,
I have the honour to forward to you, by His Majesties Ship, “Zebra” the enclosed New Zealand document, with its translation, and to request that you will lay it before the Governor for his information. I have further to request that it be transmitted through His Excellency to the Secretary of State, in order to it being laid before His Majesty.
I have, &c,

(Signed) William Yate.
(Enclosure 3 in NO.1)

To King William, the gracious Chief of England. King William, we, the chiefs of New Zealand assembled at this place, called the Kerikeri, write to thee, for we hear that thou art the great chief of the other side of the water, since the many ships which come to our land are from thee. We are a people without possessions. We have nothing but timber, flax, pork and potatoes. We sell these things however to your people; then we see property of the Europeans. It is only thy land, which is liberal towards us. From thee also come the missionaries who teach us to believe on Jehovah God and on Jesus Christ His Son. We have heard that the tribe of Marian [the French] is at hand, coming to take away our land. Therefore, we pray thee to become our friend and the guardian of these islands, lest the teasing of other tribes should come near us, and lest strangers should come and take away our land. And if any of thy people should be troublesome and vicious towards us we pray thee to be angry with them that they may be obedient, lest the anger of the people of this land fall upon them. This letter is from us, the chiefs of the natives of New Zealand.

(Signed) William Yate,

Secretary to the Church Mission Society, New Zealand.

Wererahi Chief of Paroa.
Rewa Chief of Waimate
Patuone & Nene Two brothers, Chiefs of Hokianga
Kekeao Chief of Ahuahu
Titore Chief of Kororarika
Tamoranaga Chief of Taiamai
Ripe Chief of Mapere
Hara Chief of Ohaiawa
Atuahaere Chief of Kaikohe
Moetara Chief of Pakanai
Matangi Chief of Waima
Taunai Chief of Hutakuta

This is an interesting letter and gives a true indication of the plight of Ngapuhi in 1831.

Declaration of Independence of New Zealand

1) We, the hereditary chiefs and heads of the tribes of the Northern parts of New Zealand, being assembled at Waitangi, in the Bay of Islands on this 28th day of October, 1835, declare the Independence of our country, which is hereby constituted and declared to be an Independent State, under the designation of The United Tribes of New Zealand.

2) All sovereign power and authority within the territories of the United Tribes of New Zealand is hereby declared to reside entirely and exclusively in the hereditary chiefs and heads of tribes in their collective capacity, who also declare that they will not permit any legislative authority separate from themselves in their collective capacity to exist, nor any function of government to be exercised within the said territories, unless by persons appointed by them, and acting under the authority of laws regularly enacted by them in Congress assembled.

3) The hereditary chiefs and heads of tribes agree to meet in Congress at Waitangi in the autumn of each year, for the purpose of framing laws for the dispensation of justice, the preservation of peace and good order, and the regulation of trade; and they cordially invite the Southern tribes to lay aside their private animosities and to consult the safety and welfare of our common country, by joining the Confederation of the United Tribes.

4) They also agree to send a copy of this Declaration to His Majesty, the King of England, to thank him for his acknowledgement of their flag, and in return for the friendship and protection they have shown, are prepared to show, to such of his subjects as have settled in their country, or resorted to its shores for the purposes of trade, they entreat that he will continue to be the parent of their infant State, and that he will become its Protector from all attempts upon its independence.
Agreed to unanimously on this 28 day of October, 1835, in the presence of His Britannic Majesty’s Resident.

(Here follow the signatures and marks of thirty-four hereditary chiefs or Heads of tribes, which form a fair representation of the tribes of New Zealand from the North Cape to the latitude of the River Thames.)
English witnesses:
(Signed) Henry Williams, Missionary CMS
George Clarke, CMS
James Clendon, Merchant
Gilbert Mair, Merchant

I certify that the above is a correct copy of the Declaration of the Chiefs, according to the translation of Missionaries who have resided ten years and upwards in the country; and it is transmitted to His Most Gracious Majesty the King of England, at the unanimous request of the Chiefs.

(Signed) JAMES BUSBY, British Resident at New Zealand.

In the Maori text of the Declaration of Independence above, “government” is translated as “kawanatanga” and “sovereignty” is translated as “Kingitanga”.  The Tiriti o Waitangi, Queen Victoria asked the chiefs to give up their “kawanatanga/government”. All translations of the Tiriti o Waitangi state the tangata Maori gave up their kawanatanga/governments. Not sovereignty as many mistranslate kawanatanga as “sovereignty”. As 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”. This ruling has never been over-ruled.

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.

“OFFICIAL” BACK TRANSLATION FROM THE TIRITI O WAITANGI

BY; MR. T E YOUNG OF THE NATIVE DEPARTMENT FOR THE LEGISLATIVE COUNCIL IN 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 Maori 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 Maori of New Zealand. All the rights will be given to them the same as Her doings to the people of England.

                                                   Signed, 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.

 

Note.  From the above, the Rev Henry Williams made 3 corrections in his translation to clarify whom Governor Hobson was referring. In the Preamble, “people of New Zealand” to “chiefs and Hapu of New Zealand” and “natives” to “tangata maori”. Article 1, “Sovereignty” was changed to “governments”. In Article 3, “People of New Zealand” to “tangata maori of New Zealand”. He left “people of New Zealand” in Article 2 as this also referred to all non-Maori. All back translations do not have the errors of the final draft and are all dated the 6 February 1840. The Tiriti o Waitangi referred to the all the chiefs who signed it as, “tangata Maori”.

Over 500 chiefs signed the Tiriti o Waitangi as “tangata Maori” representing over 75,000 of their people. Not one “tangata Maori” chief questioned being referred to as “tangata Maori” as they knew they were not the “tangata whenua” or “indigenous people of New Zealand”.

Prepared by: Ross Baker, Researcher, One New Zealand Foundation Inc.   15/3/2014.

 

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.

       FIRST SITTING OF THE LEGISLATIVE COUNCIL OF NEW ZEALAND.

                      (From the New Zealand Government Gazette)

His Excellency the Governor, according to notice, opened the first session of the legislative council of New Zealand on the 24th May 1841. Hon. W. Shortland, Colonial Secretary, Hon. Francis Fisher, Attorney General, Hon. George Cooper, Colonial Treasurer, E. S. Halswell, Esq., one of the three senior justices, being present, received the oaths and took their seats in the Legislative Council accordingly. James Coates, Esq., was appointed Clerk of the Council, and took the oaths of office. His Excellency then delivered the following speech :— Gentlemen—I have availed myself of this early period to assemble the members of the legislative council for the purpose of bringing under consideration certain measures which the altered circumstances of the Colony seem to me urgently to require. At this our first meeting I deem it proper to draw your attention, not only to the Royal Charter, but to the highly, important instructions under the Royal Signet and Sign Manual which accompany it. The Charter, as you are already aware, erects the islands of New Zealand and certain dependencies into a separate Colony, under the Superintendence of a Governor and Commander-in-Chief. It constitutes a Legislative Council, who are empowered to enact laws and ordinances for the local government of the Colony; it authorises the establishment of Courts of Justice, and the issue of Commissions of the Peace; and, in fact, brings into complete operation British laws throughout the whole Colony of New Zealand. The instructions under the Royal Signet and Sign Manual more particularly define the functions of the Governor and Council, and in a clear and conspicuous manner point out the duties of each. In order that you, gentlemen, may have an opportunity of acquainting yourselves with those particular duties, I have directed the instructions to be laid on the table, and kept open for your perusal in the Council Chamber. I regret that I cannot at the present meeting lay before you the Estimates of the ensuing year, which, although in a forward state of preparation, are in-complete, owing to the non-arrival of directions from the Lords of the Treasury, of which I am advised, and which may be daily expected. I shall lay before you an ordinance for the present re-adoption of all such acts of New South Wales as were in force previous to our separation, and are now applicable to this colony. It is not my intention, however, eventually to propose for your adoption the laws of New South Wales, but it will be my endeavour, during the recess, aided by the advice and assistance of the Law Officers of the Crown, to prepare for your consideration such laws as will best provide for the administration of justice, and the contingencies of social life, which may be expected to arise in New Zealand ; therefore the measures now proposed to you must be deemed temporary and contingent, as re-sulting from the present peculiar condition of the Colony. By Command of Her Majesty I will bring under your consideration the repeal of the Land Commission Act, and submit for your adoption an ordinance for the same general purposes, but grant-ing to the Governor of New Zealand the same powers as those heretofore enjoyed by the Governor of New South Wales. I will likewise lay before you bills for the regulation and collection of the revenue of Her Majesty’s Customs, for establishing courts of quarter sessions and requests, and for the prohibition of distillation. These, gentlemen, are the only subjects for the present on which I shall require you to deliberate. We have, gentlemen, a solemn and important duty to perform ; by our means conflicting interests are to be reconciled ; harmony and tranquility established, and measures are to be adopted for improving the condition and elevating the character of the aboriginal inhabitants. In this salutary work I confidently look for your cordial assistance and co-operation, and I trust under Divine Providence we shall be enabled to accomplish these important objects, and to give effect to Her Majesty’s Gracious and benign views for the welfare, prosperity, and civilisation of this Colony. Alter laying on the table the Indemnity Bill, the Governor adjourned the Council until Thursday, the 27th May, 1841.

New Zealand. Anno quarto Victoriæ Reginæ. No. 1. An Ordinance to declare that the laws of New South Wales, so far as they can be made applicable, shall extend to, and be in force in, Her Majesty’s Colony of New Zealand from and subsequent to the   date of Her Majesty’s Royal Charter and Letters Patent, erecting into a separate Colony the Islands of New Zealand, and to indemnify the LieutenantGovernor and other officers thereof for certain Acts done and performed between the date of the said Royal Charter and Letters Patent and the day of passing this ordinance. Whereas by an Act of the Governor and Legislative Council of New South Wales, made and passed in the third year of the reign of Her present Majesty, entitled ” An Act to declare that the Laws of New South Wales extend to Her Majesty’s Dominions in the Islands of New Zealand, and to apply the same, as far as applicable, in the administration of justicetherein, and to indemnify certain Officers for Acts already done.” After reciting that Her Majesty had been pleased to annex Her Majesty’s Dominions of New Zealand to the Government of New South Wales, it is enacted that all Laws and Acts or Ordinances of the Governor and Legislative Council of New South Wales, which then were, or thereafter might be, in force within the said Colony should extend to and be applied in the administration of justice within Her Majesty’s Dominions in the said Islands of New Zealand, so far as they could be applied therein. And whereas, under and by virtue of an Act of Parliament made and passed in the fourth year of Her said Majesty’s Reign, entitled, ” An Act to continue until the thirty-first day of December, one thousand eight hundred and forty-one, and to the end of the then next ensuing Session of Parliament, the Provisions of any Act to provide for the Administration of Justice in New South Wales and Van Diemen’s Land, and for the more effectual Government thereof, and for other purposes relative thereto,” Her Majesty did, by Her Royal Charter and Letters Patent under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing date at Westminster the sixteenth day of November, one thousand eight hundred and forty, erect into a separate Colony the Islands of New Zealand, theretofore comprised within or dependencies of the Colony of New South Wales, with all other islands lying between certain latitude and longitude therein mentioned. And did further provide that from thenceforth the said islands should be known and designated as the “Colony of New Zealand.” And whereas, by Her said Royal Charter and Letters Patent, Her Majesty did constitute a Legislative Council for the said Colony of New Zealand, with full power and authority to make and ordain all such Laws and Ordinances as might be required for the peace, order, and good Government of the said Colony. And whereas it is expedient, until all such Laws   and Ordinances can be well considered and ordained, that all such Laws, Acts, and Ordinances of New South Wales as are applicable to the Colony of New Zealand should continue to be acted upon and be applied therein. And, in order to remove any doubt which may exist whether the said Laws, Acts, or Ordinances of the said Governor and Legislative Council of New South Wales are and continue in force within the said Colony of New Zealand from and subsequent to the date and proclamation of such Her Majesty’s Royal Charter and Letters Patent.

1. Be it therefore enacted and ordained by his Excellency the Governor in and over the Colony of New Zealand, with the advice of the Legislative Council thereof, that so much of all and every of the Laws, Acts, and Ordinances heretofore made by the Governor and Legislative Council of New South Wales, and now in force therein, as have already been, and can hereafter during the continuance of this Ordinance be, applied within the said Colony of New Zealand shall be, and the same are hereby, adopted and declared and directed to be extended to and applied in the Administration of Justice in the said Colony of New Zealand, in the like manner as all other the Laws of England, and as if the same had been repeated and re-enacted in this Ordinance. And whereas doubts may arise as to the validity of Acts done and performed in the said Colony of New Zealand since the date of her said Majesty’s Royal Charter and Letters Patent by his Excellency as the Lieutenant Governor of the same, and byJustices of the Peace, Officers of the Customs, Constables, and other officers, under and by virtue of the said in part recited Act of the Governor and Legislative Council of New South Wales ; for the removal
2. Be it therefore further enacted that the said Lieutenant Governor of the Colony of New Zealand, and all Justices of the Peace, Officers of the Customs, Constables, and other officers, and all persons whom- soever therein who may have acted under and by virtue of any commission or appointment of her Majesty, or of the governor of New South Wales, or of the said lieutenant governor of the said colony of New Zealand, or under any orders and directions of the same Lieutenant Governor, or of his Excellency the Governor, since his assuming the Government of the said Colony of New Zealand, previous and up to the passing of this Ordinance, shall be, and they, and each and every one of them, are hereby indemnified against, and freed and discharged from, all damages, penalties, and forfeitures to which they, or any one of them, may have heretofore, or may now otherwise be liable for any act so done or performed.
3. And be it further enacted that no act done or performed by any such officer or other person aforesaid, shall be questioned or avoided in any Court of Law, by reason of any supposed want of power and authority, and that all such acts so done and performed shall be, and they are declared to be, as valid and effectual in Law, to all intents and purposes, as if each of such officers and persons aforesaid had done and performed such acts within and under, or by virtue of, any Law or Statute of the Parliament of Great Britain and Ireland.

And be it further enacted and ordained that in all or any of the said Acts of the Governor and Legislative Council of New South Wales, which shall under and by virtue of this ordinance be brought into operation, and extended to and applied to the said Colony of New Zealand, whenever the words ” Governor, with the advice of the Executive Council, Governor, Justice, or Justices of the Peace, or Government Gazette, of New South Wales,” are used in such Act or Acts, the same words shall be construed to mean, and shall include and extend to ” the Governor, with the advice of the Executive Council of New Zealand,” or “Governor for the time being,” or ” all or any Justices or Justice of the Peace, and to the Government Gazette of the said Colony of New Zealand;” and that all words or expressions referring, and having relation, to New South Wales shall be, and the same are hereby directed to be, applied and construed to extend to the said Colony of New Zealand. WILLIAM HOBSON, Governor.   Passed the legislative council this 3rd day of June, in the year of our Lord one thousand eight hundred and forty-one.

JAMES COATES, Clerk of Councils.

Research by the One New Zealand Foundation Inc.

All the above information has been researched since 1988 by members of the One New Zealand Foundation Inc. from early historian’s recorded history, hundreds of Official Information Act requests, the New Zealand, Australian and American Archives plus the British Parliamentary Papers.

Unfortunately, much of this information has been removed from New Zealand’s Archives, including Queen Victoria’s 1839 and 1840 Royal Charters/Letters Patent, so we have had to research New Zealand true history held in overseas Archives and the British Parliamentary Papers.

In 1992 the One New Zealand Foundation Inc was concerned the Government was allowing part Maori to rule the country and wrote to the MP for Tarawera, Hon Max Bradford. He replied, “There is no way this Government will allow Maori to rule the country in the manner you seem to contemplate. But at the end of the day, we all live together, with grievances, real or perceived, resolved satisfactorily. Without that we will have mayhem in our streets”. How wrong the Government was, Maori now rule the country with the Partnership with the Crown and if they end up in Co-governance with the Crown, they will rule the country and the other groups and the Government will have no one to blame but themselves but neither would listen to the One New Zealand Foundation Inc in 1992. See letter page 18.

Other groups are misleading the public by not telling our true history.

It’s extremely disappointing when all the other groups completely ignore Queen Victoria’s 1839 and 1840 Royal Charters/Letters Patent and continually refer to the Tiriti o Waitangi as New Zealand’s Founding Document.

You do not have to be a brain surgeon to know the Treaty of Waitangi did not make 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. It seems all these groups are more interested in collecting donations that researching our true history.

Until these so-called researchers spend a little more time researching New Zealand’s true history, they are playing into the hands of the part Maori activists by saying the Treaty is our true Founding Document. It is not and can never be our Founding Document.

While we had asked Don Brash from Hobson’s Pledge to inform his followers/members of the Royal Charters, he said it would be too difficult, so continues to completely ignore New Zealand’s true Founding Document in favour of a document that only asked the tangata Maori to give up their government and in return would become British Subjects with the same rights as the people of England.

While the other groups have not actually stated it would be too difficult to educate the public, they continue to mislead the public by ignoring the two Royal Charters issued by “Victoria by the Grace of God” under, “The Great Seal of the United Kingdom of Great Britain and Ireland”.

They are playing into the hands of the part Maori activists and the Government by denying the people of New Zealand their true documented history! 

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

Website: www.onenzfoundation.co.nz.  Email: ONZF@bigpond.com.au.

The One New Zealand Foundation Inc. has the full video programme on file.

 

Open Letter to our Politicians from the One New Zealand Foundation Inc.

What the Treaty of Waitangi Really Said in 1840.

The agreement the Maori chiefs signed in 1840 with Queen Victoria has been completely rewritten since the 1975 Treaty of Waitangi Act, therefore, those who use the rewritten Tiriti o Waitangi must remember when they meet the Maori chiefs who signed the Tiriti o Waitangi in 1840, they will have to explain to them why they rewrote the agreement they had made with Queen Victoria in 1840 that saved their people from total extinction by their own hand. Especially, the 200 Chiefs who attended the 1860 Kohimarama Conference where they, “Pledged to each other to do nothing inconsistent with their declared recognition of the Queen’s sovereignty, and of the unions of the two races”.

Just imagine Willy Jackson and his mates in the Maori Party trying to explain the lies they have told about the Treaty to the cannibal warrior chiefs who signed the agreement with Queen Victoria in 1840, that saved Maori from possible extinction as the tangata whenua before them.

In 1869, the Legislative Council asked the Native Department for an “Official” English translation of the Treaty of Waitangi and this “Official” translation was made by Mr T E Young of the Native Department. See page 2: Changes to the Final Draft Approved by Hobson, Busby and Williams.

Since this time, many Maori scholars, such as Professor Margaret Mutu and Professor Hugh Kawharu have attempted to translate the Tiriti o Waitangi into English, but all these translations make the Tiriti o Waitangi mean something that was never intended by Queen Victoria or the 500 Maori chiefs who signed it in 1840. They have rewritten the Tiriti o Waitangi to give Maori special rights and privileges never intended by those who signed it in 1840. See page 6: What the Treaty of Waitangi Really Said in 1840. 

In fact, Professor Hugh Kawharu, who made the translation for the 1987 Court of Appeal, which is used today by the Government and the Maori Party as the “Official” translation of the Tiriti o Waitangi, admitted, “It was an attempt at a reconstruction of the literal translation of the Maori text”. This “attempted” translation of the Maori text by Professor Hugh Kawharu was to give Maori special rights and privileges not intended by those who signed it in 1840. See page 8: Page 663, Maori Council V Attorney General 1987.

When we compare Professor Hugh Kawharu’s translations with Lt. Governor Hobson’s final English draft and the “Official” translation by the Native Department in 1869, they are like “Chalk and Cheese”!  See page 2: Changes to the Final Draft Approved by Hobson, Busby, and Williams.

From what is happening in New Zealand today, it seems many people, including Government and the Maori Party, have forgotten what the Treaty of Waitangi between the tangata Maori and Queen Victoria really said in 1840.

What the Treaty of Waitangi Really Said in 1840.

It was a very simple document that gave the Maori people protection, not only from the French but also from themselves, which 13 Ngapuhi chiefs had asked the King in 1831.

 

Over 500 Maori chiefs agreed on behalf of their people to become British Subjects with the same rights as the people of England when they signed the Treaty of Waitangi in 1840. No more, no less, no Partnership and definitely, no Co-governance.

In fact, a British Subject cannot be in Partnership or Co-governance with the Crown under English Law. Queen Victoria did not have the power or authority to give the tangata Maori any special rights or privileges in the Treaty not enjoyed by all the people of New Zealand, and none were given!

 

Yours sincerely,

Ross Baker.

Researcher, One New Zealand Foundation Inc.  13 June 2023. 

CHANGES TO FINAL DRAFT APPROVED BY HOBSON, BUSBY AND WILLIAMS.

CONFUSION

Since the Tiriti O Waitangi was signed in 1840, there has been on going confusion over the words, “all the people of New Zealand”, in Article Two. Some say it refers to “Maori only” while others say it refers to, all the people of New Zealand of all races, colours or creeds. It’s only since the final draft was found in 1989 and extensive research, we can now prove beyond doubt’,   

Article One asked the tangata Maori to give up their “governments” to the Queen and in return, they would become British Subjects with the same rights as the people of England. Article 2 referred to both the tangata Maori and all the other races of people living in New Zealand.

While the final draft asked the tangata Maori to give up the sovereignty to the Queen, Rev Henry Williams knew tangata Maori did not hold sovereignty as, “No political body existed capable of making cession of sovereignty” so he changed sovereignty to government, both Hobson and Busby agreed to this change. It was ruled by Chief Justice Prendergast 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”.

Article Two refers to, all the people of New Zealand of all races, colours and creeds. 

 

AMERICANS BECOME INVOLVED

As well as the brief to Hobson by the Colonial Office that the tangata Maori must have the same rights as the people of New Zealand, once the Treaty was signed, other nations, which also had people and investment in New Zealand must also have these protected. At the time the Treaty was being drafted, the Americans were conducting extensive and costly research into whaling and sealing in the Southern Oceans. There were 28 known onshore whaling stations, many owned by the Americans as well as large tracts of land, businesses and investments owned by people other than Maori or British. Unless changes were made, once the Tiriti O Waitangi was signed and New Zealand became British soil, only the Maori the British would have had any rights to their lands, dwellings, and property within New Zealand. 

 

This is where Englishman James Clendon, the American Consul who had been involved in drafting the Declaration of Independence in 1835 and a witness to it, also became very involved in the final drafting of the Treaty, especially Article Two. This has only become evident since the final draft was found which was written at his home and on paper he supplied. Clendon was also a witness to the Tiriti O Waitangi.

 

CHANGE TO EARLY DRAFTS

James Clendon had to make sure that American interests and property were fully protected.  This is the reason why Article two was changed in the earlier draft from, “Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand and to the respected families and individuals thereof the full exclusive and undisturbed possession of the Lands and Estates, Forests, Fisheries and other possessions which they may collectively of individually possess so long as it is their wish and desire to retain the same in their possession”, which confirmed and guaranteed exclusive and undisturbed rights to Maori only. This was changed to, “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” lands, “their” dwellings and all “their” property”. 

FINAL CHANGES TO THE TIRITI O WAITANGI

This change to the earlier drafts took care of confirming and guaranteeing to all the people of New Zealand the same rights to their lands, dwellings, and property but it overlooked the fact in the final draft that the same wording, “the people of New Zealand”, had been used in the Preamble and Article Three to refer to Maori only. The Preamble was changed to read, the Hapus of New Zealand and Article Three to read, all the tangata Maori of New Zealand when translated into the Tiriti O Waitangi. Article Two remained unchanged and therefore, referred to all the people of New Zealand of all races when read to the gathering at Waitangi on 5 of February 1840, then signed by over 500 chiefs during 1840. (See copies of Treaty below). 

 

As Rev. Henry Williams had helped draft the Treaty from its early stages, he would have had a full understanding of what Hobson and the Colonial Office required when he translated the final draft into the Tiriti O Waitangi. The task of translation was a difficult one, it being essential to avoid all expressions of English for which there was no equivalent in Maori, as well as it must comply with the way Maori was spoken and understood at the time. Williams admitted he made changes, he also admitted he did not make alterations which would ‘destroy the original spirit and tenor of the Treaty’.

 

Before the Tiriti O Waitangi was read and explained to the people gathered a Waitangi, Hobson, Busby and Williams met behind locked doors with police guards to make sure they all agreed with the translation, “For the tangata Maori to give up their governments to the Queen and make the tangata Maori British Subjects with the same rights as the people of England under one flag and one law”. They must have examined it thoroughly as Busby did change whakaminenga for huihuinga at this late stage. Hobson, Busby, and Williams were then completely satisfied with the wording of the Tiriti O Waitangi.

 

Without these changes, there would have been major problems for all those not tangata Maori when the Tiriti O Waitangi was signed. The Tiriti O Waitangi confirmed and guaranteed “To all the people of New Zealand of all races, colours or creeds” their lands, their dwellings and all their property. The Tiriti O Waitangi, while a very simple document, adequately covered all that was intended and expected of it. 

 

“It made all the people of New Zealand the same under one flag, one law”.

 

“He iwi tahi tatou – We are now one people.”

 

From the changes to the final draft, “It confirmed and guaranteed the same rights to all the people of New Zealand of all races, colours or creeds, to their lands, their dwellings, their settlements, and their property”. 

For further information: www.onenzfoundation.co.nz 

Or Email; ONZF@bigpond.com.au 

What the Treaty of Waitangi Really Said.

Tangata Maori Chief’s Agreement with Queen Victoria in 1840.

In 1840, over 500 tangata Maori chiefs made an agreement with Queen Victoria; if they gave up their governments to the Queen, they would become British Subjects with the same rights as the people of England. No more, no less, no Partnership and definitely, no Co-governance! 

British intervention in New Zealand began in 1831 when 13 Ngapuhi chiefs ask Britain to be their guardian and protector, not only from themselves but also from the French who were showing an interest in annexing New Zealand to France. In 1833 Britain sent a British Resident, James Busby to try and bring peace, protection, law and order to all the people of New Zealand.

In 1835 the British Resident, James Busby tried to get the tangata Maori to claim sovereignty over New Zealand with his unauthorised “Declaration of Independence”, but he could only entice 52 chiefs to sign it before they were back fighting each other, and it was abandoned without one meeting taking place. It was obvious the tangata Maori chiefs could never form a united government and claim sovereignty over New Zealand. 

Chief Justice Prendergast explained this in his ruling 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”. This ruling has never been overruled but is completely ignored by the Government, the Maori Party and most of our researchers/historians today. 

With over half the tangata Maori population killed, taken as slaves, or eaten by the intertribal wars and two-thirds of the country had been sold by the chiefs to foreigners by 1839, Britain reluctantly had to take a more active role if the tangata Maori were to survive. Britain reluctantly decided to place New Zealanders under the dependency of New South Wales in 1839 by Royal Charter and a Treaty with the tangata Maori chiefs in 1840, which would make the tangata Maori British Subjects the same rights as the people of England. 

The Treaty of Waitangi’s instructions were drafted by the Under Secretary for Colonies, James Stephens, a strong supporter of the Clapham Sect and given to Captain Hobson by Lord Normanby before he left England for New Zealand in 1839. Hobson, who had now been made Lieutenant Governor to New Zealand, drafted the Treaty of Waitangi that was signed in 1840 by over 500 tangata Maori chiefs. Most of the land the chiefs had sold before the Treaty was signed, virtually the whole of the South Island, was returned to Maori by the Colonial Government without compensation to the buyers. 

What the Treaty of Waitangi Really Said.

Article 1 of the Treaty of Waitangi asked the tangata Maori chiefs to give up their kawanatanga/ governments to the Queen and in return, Article 3 made the tangata Maori British Subjects with the same rights as the people of England. 

No more, no less, no Partnership and definitely, no Co-Governance. 

The Preamble and Article 2 explained to the tangata Maori people they would have the same rights/protection to “their” lands, “their “settlements and all “their” property, the same as “all the people of New Zealand” once the Treaty of Waitangi was signed. This is English Law based on the Magna Carta.  

Under English Law, Queen Victoria did not have the authority or power to give the tangata Maori any special rights in the Treaty of Waitangi not enjoyed by all the people of England and none were given!

The Chiefs who signed the Treaty at Waitangi on 6 February 1840 fully understood this when they shook Lt. Governor Hobson’s hand with the words. “He iwi tahi tatou – We are now one people”. Over 500 tangata Maori chiefs signed the Tiriti o Waitangi on behalf of their people in 1840 and became British Subjects with the same rights as the people of England, under British Sovereignty and English Law. No more, no less, no Partnership and definitely, no Co-Governance! 

This was endorsed by Sir Apirana Ngata, Minister of Native Affairs in 1923 in his book, “The Treaty of Waitangi – An Explanation” when he stated, “The chiefs placed in the hands of the Queen of England, the Sovereignty and authority to make Laws. If you think these things are wrong, then blame your ancestors who gave away their rights when they were strong”.  

In 1860 over 200 tangata Maori chiefs swore their allegiance to the Queen’s Rule at the Kohimarama Conference with a unanimous vote, “Do not consent that the Treaty should be for the Europeans alone but let us take it for ourselves. Let this meeting be joined to the Treaty of Waitangi, let us urge upon the Government not to withhold it from us. That this conference takes cognisance of the fact that several chiefs, members thereof, are pledged to each other to do nothing inconsistent with their declared recognition of the Queen’s sovereignty, and of the unions of the two races”. 

There is no denying, today’s Maori ancestors gave up their rights to Queen Victoria in 1840 under one flag and one law. Since this time, the Tangata Maori have intermarried with other races and adapted to their way of life, therefore, it is wrong for them to expect to be given special rights over all other New Zealand citizens, especially when their ancestors agreed to become British Subjects with the same rights as the people of England. No more, no less, no partnership and definitely, no Co-governance! 

The Treaty referred to the people who signed it as tangata Maori, not the indigenous people of New Zealand or the tangata whenua as there were people living in New Zealand before the tangata Maori arrived in 1350. Even the Government does not have forensic evidence or a definition of the indigenous people of New Zealand. This was endorsed by Dr Ranginui Walker, Head of Maori Studies at Auckland University in the “1986 New Zealand Yearbook”, page 18 when he stated, “The traditions are quite clear on one point, whenever crew disembarked there were already tangata whenua (prior inhabitants) living in New Zealand”. Cape Reinga-Spirits Bay region of the Far North has great spiritual significance for Māori, as when they die their spirits leave New Zealand by Cape Reinga to return to the homeland of their ancestors in Hawaiki.

Maori must remember, when they meet their tangata Maori ancestors, they will have to explain to them how they rewrote the agreement their ancestors had made with Queen Victoria in 1840 that saved their people from extinction by their own hand.

New Zealand’s True Founding Document and First Constitution

The Treaty of Waitangi was never intended to be our Founding Document as it only asked the tangata Maori to give up their governments to the Queen and in return, they would become British Subjects with the same rights as the people of England. Lt. Governor Hobson announced British Sovereignty over all the Islands of New Zealand on 21 May 1840 and on 16 November 1840, a Royal Charter/Letters Patent was issued by “Victoria by the Grace of God” under “The Great Seal of the United Kingdom of Great Britain and Ireland. This was New Zealand’s true Founding Document and first Constitution that involved all the people of New Zealand, irrespective of race colour or creed.  

 See:http://onenzfoundation.co.nz/queen-victorias-two-royal-charters-letters-patent/.      

Queen Victoria’s Royal Charter/Letters Patent dated 16 November 1840 is New Zealand’s true Founding Document and first Constitution. It separated New Zealand from New South Wales on 3 May 1841 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. 

For further information: www.onenzfoundation.co.nz or contact: ONZF@bigpond.com.au.  

This article was written by the One New Zealand Foundation Inc. from documents held in New Zealand, Australian and American Archives, the British Parliamentary Papers, and Official Information Act requests from Crown Departments.  (Copyright) 24/5/23. Thank you.

Page 663: Maori Council V Attorney General 1987

Professor Hugh Kawharu’s  “Attempt at a reconstruction of the literal translation of the Maori text” for the 1987 Court of Appeal. This translation, solely for the benefit of his people was wrongly used by the 1987 Court of Appeal for this case and was never intended to be used by the Government and the Maori Party to give Maori advantage and privilege over all other New Zealanders.  

 

In 1840, over 500 tangata Maori chiefs made an agreement with Queen Victoria; if they gave up their governments to the Queen, they would become British Subjects with the same rights as the people of England, no more, no less, no partnership and definitely, no Co-government. FACT! 

British intervention in New Zealand began in 1831 when 13 Ngapuhi chiefs ask Britain to be their guardian and protector, not only from themselves but also from the French who were showing an interest in annexing New Zealand to France. In 1833 Britain sent a British Resident, James Busby to try and bring protection, law, and order to all the people of New Zealand.

In 1835 the British Resident tried to get the tangata Maori to claim sovereignty over New Zealand with his unauthorised “Declaration of Independence”, but he could only entice 52 chiefs to sign it before they were back fighting each other, and it was abandoned without one meeting taking place. It was obvious the tangata Maori chiefs could never form a united government, and therefore, claim sovereignty over New Zealand. 

Chief Justice 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”. This ruling has never been overruled but is completely ignored by the Government, Maori and most of our researchers/historians. 

With over half the tangata Maori population killed, taken slaves, or eaten by the intertribal wars and two-thirds of the country sold by the chiefs to foreigners by 1839, Britain reluctantly had to take a more active role if the tangata Maori were to survive. Britain decided a treaty with the tangata Maori chiefs was the best way to bring protection, law and order to a country that was completely out of control. The Treaty of Waitangi was signed in 1840 by over 500 tangata Maori chiefs and most of the land the chiefs had sold was returned to them by the Colonial Government once the Treaty was signed.

Article 1 of the Treaty of Waitangi asked the tangata Maori chiefs to give up their kawanatanga/ governments to the Queen and in return, Article 3 made the tangata Maori British Subjects with the same rights as the people of England. 

No more, no less, no Partnership and definitely, no Co-Governance. 

The Preamble and Article 2 explained to the tangata Maori people they would have the same rights/protection to “their” land, “their “settlements and all “their” property, the same as “all the people of New Zealand” once the Treaty of Waitangi was signed. This is English Law based on the Magna Carta.  

Under English Law, Queen Victoria did not have the authority or power to give the tangata Maori any special rights in the Treaty of Waitangi not enjoyed by all the people of England and none were given!

The Chiefs who signed the Treaty at Waitangi on 6 February 1840 fully understood this when they shook Lt. Governor Hobson’s hand with the words. “He iwi tahi tatou – We are now one people”. Over 500 tangata Maori chiefs signed the Treaty on behalf of their people in 1840 and became British Subjects with the same rights as the people of England, under British Sovereignty and English Law. 

This was endorsed by Sir Apirana Ngata, Minister of Native Affairs in 1923 when he stated, “The chiefs placed in the hands of the Queen of England, the Sovereignty and authority to make Laws. If you think these things are wrong, then blame your ancestors who gave away their rights when they were strong”.  

In 1860 over 200 tangata Maori chiefs swore their allegiance to the Queen’s Rule at the Kohimarama Conference with a unanimous vote, “Do not consent that the Treaty should be for the Europeans alone but let us take it for ourselves. Let this meeting be joined to the Treaty of Waitangi, let us urge upon the Government not to withhold it from us. That this conference takes cognisance of the fact that several chiefs, members thereof, are pledged to each other to do nothing inconsistent with their declared recognition of the Queen’s sovereignty, and of the unions of the two races”. 

There is no denying, today’s Maori ancestors gave up their rights to Queen Victoria in 1840 under one flag and one law, irrespective of race colour or creed. Since this time, the Tangata Maori have intermarried with other races and adapted to their way of life, therefore, it is wrong for them to expect to be given special rights over all other New Zealand citizens, especially when their ancestors agreed to become British Subjects with the same rights as the people of England. No more, no less, no partnership and definitely, no Co-governance! 

The Treaty referred to the people who signed it as tangata Maori, not the indigenous people of New Zealand or the tangata whenua as there were people living in New Zealand before the tangata Maori arrived in 1350. Even the Government does not have a definition of the indigenous people of New Zealand. This was endorsed by Dr Ranginui Walker in the, “1986 New Zealand Yearbook”, page 18 when he stated, “The traditions are quite clear on one point, whenever crew disembarked there were already tangata whenua (prior inhabitants) living in New Zealand”. Cape Reinga-Spirits Bay region of the Far North has great spiritual significance for Māori as it is stated when they die their spirits leave New Zealand by Cape Reinga to return to the homeland of their ancestors in Hawaiki.

Maori must remember, when they meet their tangata Maori ancestors, they will have to explain to them how they dishonoured the agreement they had made with Queen Victoria in 1840 that saved their people from extinction by their own hand.

New Zealand’s True Founding Document and First Constitution

The Treaty of Waitangi was never intended to be our Founding Document as it only asked the tangata Maori to give up their governments to the Queen and in return, they would become British Subjects with the same rights as the people of England. Lt. Governor Hobson announce British Sovereignty over all the Islands of New Zealand on 21 May 1840 and on 16 November 1840, a Royal Charter/Letters Patent was issued by “Victoria by the Grace of God” under “The Great Seal of the United Kingdom of Great Britain and Ireland. This was New Zealand’s true Founding Document and the first Constitution that involved all the people of New Zealand, irrespective of race colour or creed.  

 See http://onenzfoundation.co.nz/queen-victorias-two-royal-charters-letters-patent/.      

Queen Victoria’s Royal Charter/Letters Patent dated 16 November 1840 is New Zealand’s true Founding Document and first Constitution. It separated New Zealand from New South Wales on 3 May 1841 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. 

For further information: www.onenzfoundation.co.nz or contact: ONZF@bigpond.com.au.  

This article was written by the One New Zealand Foundation Inc. from official records held in New Zealand, Australian and American Archives, the British Parliamentary Papers, and Official Information Act request from Crown Departments.  (Copyright) 24/5/23. Thank you.

Once Hongi Hika, Te Rauparaha and others had gained muskets, they went on the rampage slaughtering or taking as slaves over half their fellow unarmed countrymen, women and children. Many of the chiefs had also sold about two thirds of New Zealand to foreigners by 1839. Britain had to take a more active role in New Zealand the King had promised in 1831 if the tangata Maori were to survive.  In 1839 Britain reluctantly decided the best way to bring law and order to the people of New Zealand was by treaty. 

The Treaty of Waitangi.  

The Treaty of Waitangi was drafted from instructions given to Captain William Hobson by the Secretary for Colonies, Lord Normanby before he left England for New Zealand on 25 August 1839. During his stop off in New South Wales, Hobson was made the Lt Governor of New Zealand under Governor George Gipps, the Governor of New South Wales. 

Once Lt Governor Hobson arrived in New Zealand, he and British Resident, James Busby went ahead and drafted an English draft for the Treaty of Waitangi. Once drafted on 4 February 1840, it was given to Rev Henry Williams and his son Edward to translate into the Tiriti o Waitangi. The Tiriti o Waitangi was read to and discussed by the chiefs on 5 February, with signing commencing on 6 February until 21 May 1840 when Lt Governor Hobson declared British sovereignty over all the Islands of New Zealand. 

How can the Treaty of Waitangi dated 6 February 1840 be our founding document when it was signed when New Zealand was under the dependency of New South Wales and only asked the tangata Maori to give up their governments to Queen Victoria and in in return they would become British Subjects with the same rights as the people of England? 

No more, no less, no partnership and definitely no Co-governance. 

Once the Treaty of Waitangi was signed, it had achieved its purpose and was filed away. New Zealand was under British sovereignty and all the people of New Zealand under one flag and one law, irrespective of race, colour or creed. 

The Five Principles for Crown Action on the Treaty of Waitangi are a fallacy dreamt up by Hon Geoffrey Palmer in 1986 when Attorney General. The Tiriti o Waitangi had only one principle and that was, He iwi tahi tatou – We are now one people”. Palmer later admitted, “The meaning of the treaty, in terms of its operational consequences now, was far from clear. In fact, it’s a document that is so vague that that is its primary problem”. But he somehow managed to dream up, “Five Principles for Crown Action on the Treaty of Waitangi”! 

In 1877 Chief Justice Sir James Prendergast ruled, “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”. This ruling has never been over-ruled, but is completely ignored by government, Maori and most of our researchers and historians today.

The people who signed the Tiriti o Waitangi were called “tangata Maori”, not “tangata whenua” as explained by Professor Ranginui Walker when Head of Maori Studies at the Auckland University, “The traditions are quite clear on one point, whenever crew disembarked there were already tangata whenua (prior inhabitants) living in New Zealand”.  The Government also does not have a definition of the indigenous people or tangata whenua of New Zealand.

While the Treaty honoured the promise the King had made to the tangata Maori to be their protector and guardian as asked for by the 13 Ngapuhi chiefs in 1831, it also gave the tangata Maori the same rights as the people of England, but it did very little in founding New Zealand as a British Colony under one flag and one law, irrespective of race, colour or creed. This was achieved by Queen Victoria’s Royal Charter/Letters Patent dated 16 November 1840. 

Queen Victoria’s Royal Charter/Letters Patent. 

Once the Treaty of Waitangi had achieved its purpose and was filed away, a Royal Charter letters patent was issued by, “Victoria by the Grace of God” under, “The Great Seal of the United Kingdom of Great Britain and Ireland” on 16 November 1840.  

See: http://onenzfoundation.co.nz/queen-victorias-two-royal-charters-letters-patent/.

Queen Victoria’s Royal Charter/Letters Patent dated 16 November 1840 is our true Founding Document for the following reason.

1. It separated New Zealand from New South Wales dependency.
2. It made New Zealand into a British Colony.
3. It placed New Zealand under the sovereignty of Great Britain.
4. It gave New Zealand its first Governor, Governor William Hobson.
5. It gave New Zealand a constitution that set up our political, legal and justice systems.
6. It placed all the people living in New Zealand under one flag and one law, irrespective of race colour or creed.
7. It gave the tangata Maori protection, not only from the French, but also themselves, the first time ever for the tangata Maori.
8. It stopped all the intertribal fighting, slavery, cannibalism and genocide.
9. It returned thousands of hectares of land to the tribes the chiefs had sold before the Treaty was signed.
10. It advanced the tangata Maori 1000 years without lifting a finger.

There is no other document in New Zealand’s history that comes anywhere near to a true Founding Document and first Constitution than Queen Victoria’s Royal Charter dated 16 November 1840, but is completely ignored by the government, Maori and most of our researchers and historians. WHY?

Prepared by Ross Baker, Researcher One New Zealand Foundation Inc. The One New Zealand Foundation Inc was formed in 1988 to research our true documented history using the Official Information Act and the New Zealand, Australian, and American Archives, plus the British Parliamentary Papers. 

Website:  www.onenzfoundation.co.nz. Email; ONZF@bigpond.com.au.  14 May 2023. (C)

In 1966 the first encyclopedia of New Zealand was published in three thick volumes. An Encyclopaedia of New Zealand was a critical and publishing success at the time and has been used as a basic reference work about the country since then. We are proud to make it available online.

The Establishment of Sovereignty in New Zealand

New Zealand was not British, but some New South Wales governors, notably Lachlan Macquarie, exploiting a possible ambiguity in their instructions, had in fact tried to extend British authority across the Tasman, seeking to foster the commercial life of New South Wales, to protect the Maoris from vicious influences, and to support the missionaries. Macquarie, in 1814, made Kendall a Resident Magistrate; in 1819 he commissioned the missionary Butler a Justice of the Peace and declared New Zealand a dependency of New South Wales. A British statute of 1817 empowered Macquarie to punish offences committed there, though it also declared New Zealand to be not a British colony. By the 1820s Australians were starting to plan colonies in New Zealand, and in 1823 the jurisdiction of the Courts of New South Wales was extended to New Zealand (for crimes committed by British subjects). These actions did not alter the status of New Zealand, but they did show that she was a matter of concern to New South Wales officials and, to a lesser extent, to the United Kingdom.

Events in the 1830s made it certain that New Zealand would become British. In 1831 the scandalous conduct of Capt. Stewart of the Elizabeth in aiding Te Rauparaha in one of his more bloodthirsty exploits outraged respectable opinion in New Zealand, Sydney, and London. The Colonial Secretary, Lord Goderich, was appalled. In the same year, the presence of a French ship at the Bay of Islands led to fresh rumours of French colonisation and a petition from some chiefs to the King for protection against the “tribe of Marion”. But the upshot was, initially, trivial and ill-contrived. James Busby, an Australian free settler, was appointed Resident by Goderich without consulting the Governor of New South Wales. Thus relations between Governor and Resident were permanently bedevilled. Further, Busby quite lacked any authority other than support he could enlist from chiefs and missionaries. Imperial legislation to increase his powers was contemplated but never passed.

Nevertheless, the mid-1830s continued the movement towards annexation. In 1834 troops intervened for the first time to rescue the captured crew of a wrecked vessel. A year later Busby learned of Baron de Thierry’s fantastic plans for the creation of a personal monarchy and secured a Declaration of Independence from 35 northern chiefs. When, in 1837, de Thierry and about 100 followers landed, the hollowness of his pretensions became apparent. In the last three years of the decade the pace quickened. Land speculators from Sydney were making large “purchases” and disputes over land between Maoris and settlers became acrimonious. An increasing number of escaped convicts crossed the Tasman. Over 200 British residents of New Zealand petitioned the Imperial government for protection of property. In 1837 Captain William Hobson was sent on a tour of inspection on HMS Rattlesnake. He recommended the establishment of “factories” (i.e., small areas under direct British rule) to protect British interests and trade. Busby, at the same time, urged that all New Zealand become a British protectorate. There were fresh scares of French initiative, thanks to the presence of French ships and the arrival of a French Catholic Bishop, Pompallier. George Gipps now Governor of New South Wales, argued that either the Residency be ended or made effective, as did the Kororareka Vigilantes Association (an experiment in self-government), and the traders and newspapers of Sydney.

In England, the government was preparing to act. A House of Lords committee favoured British possession in 1838, and in the previous year a New Zealand Association had been formed by Edward Gibbon Wakefield and his associates for the colonisation of the country. The government regarded it with suspicion, but in 1839 it (transformed into the New Zealand Company) made its intentions clear by the dispatch of an advance party aboard the Tory. By this time Hobson had already been offered the post of British Consul, and in 1839 he accepted the position of Lieutenant-Governor and Consul under the government of New South Wales. The Law Officers reported that the United Kingdom could properly annex New Zealand, and Gipps’s commission was enlarged with this step-in view.

The stage was set for annexation, though the official actors moved with a circumspection not equalled by private interests. The New Zealand Company had sent the Tory in haste to buy land before annexation should introduce a Crown monopoly of land purchases; Sydney “land sharks” drove bargains with Maoris in Sydney for immense areas “acquired” upon trivial considerations – the most ambitious was W. C. Wentworth, who claimed to have bought 20 million acres. Gipps’s counter measures were effective; land dealings were prohibited, and past transactions were to be subjected to an official inquiry. Early in 1840 Hobson arrived in New Zealand, Lieutenant-Governor of a colony yet to be acquired. His instructions required him to take possession of the country only with the consent of the Maori chiefs. This emphasis upon consent arose from the influence of evangelical Christian views, especially as urged by the Church Missionary Society and its secretary, Dandeson Coates, upon the Colonial Office. It represented an attempt to combine the extension of British authority with a policy designed to safeguard the well-being of the native people. The Treaty of Waitangi of 6 February 1840 was the instrument of such consent, for the chiefs who signed it agreed to place themselves under the sovereignty of the Queen in return for her protection. After the initial signing Hobson annexed that part of the country down to 36°S, and apparently planned a progressive southwards annexation as signatures were collected. The resident missionaries of the Church Missionary Society were a numerous body whose cooperation was essential to the Government. Together with the Wesleyans, they assisted Hobson in urging upon the chiefs the acceptance of the treaty. Some even were dispatched southwards in the Herald to collect further signatures, normally cementing the new relationship with gifts. Hobson was forced into greater speed by the action of the newly arrived Company settlers at Port Nicholson (Wellington) in organising their own government, and possibly by a renewed threat of French intervention — the ships carrying the French settlers who were to colonise Akaroa had arrived. On 21 May Hobson issued two proclamations announcing British sovereignty over the whole country, the North Island by right of cession, the two southern islands, where the Maori population was very slight, by right of discovery. The expansion of British influence, largely from Australia, and reinforced by the Church Missionary Society and by the New Zealand Company at the eleventh hour, had brought a new British colony into existence.

Supplied by the One New Zealand Foundation Inc.

Website; www.onenzfoundation.co.nz  Email: ONZF@bigpond.com.au  

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  

THE ONZF ‘PLAN’ TO REGAIN OUR DEMOCRACY

If you are going to protest, then you must know what you are protesting about. 

Co-Governance could be stopped in its tracks if the ONZF ‘Plan’ below was followed, but the groups hoping to regain our Democracy, seem to have no actual “Plan” to do it or if they have, are keeping it a secret. If we are to regain our Democracy, then we must have a ‘Plan’ to achieve it, it will not happen on its own. We must show up the people who stole our Democracy from us and what we need to do to regain it. Please support the One New Zealand Foundation Inc. ‘Plan” by suggesting it to your chosen group.  

Attorney General, Hon Geoffrey Palmer made many changes to our legislation in the 1980’s giving part-Maori special rights over all other New Zealand Citizens that were never intended by the Treaty of Waitangi or Queen Victoria’s 1840 Royal Charter/letters Patent. Once he had achieved this, he retired from politics and went back to his law firm where he could help part-Maori with their alleged Treaty claims. When we asked him to help the ONZF on 30 January 1995, he wrote back, “I regret this firm cannot accept the instructions in your letter. We have a professional conflict of interest since we advise a group of Maori”. Yes, “Advi$$$$$e a group of part-Maori”! 

There was no mention of “Co-Governance” in the Treaty of Waitangi or Queen Victoria’s 1840 Royal Charter/letters Patent, but this all changed in 2010 when Prime Minister, Hon John Key allowed Hon Pita Sharples to sign the Declaration on the Rights of Indigenous People without a mandate from Parliament, the people of New Zealand or even a government definition of the indigenous people of New Zealand. All this for John Key to gain the Maori vote to stay in power. 

I had hoped my fellow New Zealanders could see through all this ‘nonsense’, but no, your taxes have done such a great job of brain washing you, most of you believe it.

Don’t you understand, a dozen or so part-Maori, whose ancestors were not the tangata whenua or the indigenous people of New Zealand are holding you all to ransom. About 12 New Zealand politicians who claim to have a minute trace of tangata Maori ancestry holding 5 million New Zealand Citizens to ransom. God help us if the Chinese decided to invade us!  

We believe these two men, plus the dozen or so part-Maori in Parliament today were/are all “Traitors” and should be convicted and jailed for “Treason”.

Please spend time reading our true history that is fully documented in the New Zealand, Australian and American Archives plus the British Parliamentary Papers, not in the minds of a few part-Maori politicians for their own gain. Unfortunately, most of our true history has been removed from New Zealand’s Archives to allow our history to be distorted for the sole benefit of part-Maori. Don’t believe what the Government is telling you at your expense, it is all lies when our true recorded history is known. 

Please ask your group to support this ‘Plan’ to regain our Democracy. 

THE ONZF PLAN TO REGAIN OUR DEMOCRACY

  

1. The Treaty of Waitangi. Return the Treaty of Waitangi to the file it was placed in after it had achieved its purpose in 1840. Maori had given up their kawanatanga/governments to Queen Victoria and in return, had “Become British Subjects with the same rights as the people of England”. The Treaty of Waitangi is not New Zealand’s Founding Document, it was to save the tangata Maori, not only from themselves, but also from the French as they had asked for in 1831. It gave the tangata Maori, “The same rights as the people of England”. No more, no less! 
2. The Waitangi Tribunal. Abolish the Waitangi Tribunal as it has become a corrupt breeding ground for false treaty claims being paid for by the taxpayers of New Zealand and if not part-Maori, are not allowed to lay a claim, participate, or appeal its recommendations. It completely breaches the Treaty of Waitangi and Queen Victoria’s 1840 Royal Charter/Letters Patent of one flag and one law, irrespective of race, colour or creed. “He Iwi tahi tatou – We are now one people”. 
3. The Five Principles. Abolish Hon Geoffrey Palmer’s 1987 “Five Principles for Crown Action on the Treaty of Waitangi”, because in 1990 he admitted, “I was wrong”, stating, “The meaning of the Treaty of Waitangi was now unclear and vague, and that is its problem”. There was only one Principle in the Treaty of Waitangi and that was, “He iwi tahi tatou – We are now one people”. 
4. The Partnership. Abolish the “Partnership between Maori and the Crown” as there is no mention of a Partnership in the Treaty of Waitangi and “A British Subject cannot be in partnership with the Crown”. Tangata Maori became British Subjects, “With the same rights as the people of England” when over 500 of their chiefs signed the Tiriti o Waitangi in 1840. 
5. The Declaration. Withdraw from the “United Nation’s Declaration on the Rights of the Indigenous People” as Maori were not the tangata whenua or indigenous people of New Zealand and it was signed without authority from Parliament or the People.
6. The Royal Charter. Recognise Queen Victoria’s Royal Charter/Letters Patent dated 16 November 1840 as our true Founding Document and first Constitution. The Royal Charter separated New Zealand from New South Wales dependency on 3 May 1841 and made New Zealand into a British Colony with a Governor and Constitution to set up our political, legal and justice system under one flag and one law, irrespective of race colour or creed. 

There is no other document in our history that comes anywhere near to a true Founding Document than Queen Victoria’s Royal Charter/Letters Patent dated 16 November 1840. 

Use it or lose it, the choice is yours.

Until we sort out the above, New Zealand will continue to become a third world country known as Aotearoa. Wake up – we are one – New Zealanders.

Prepared by The One New Zealand Foundation Inc. 9 January 2023. (Copyright) 

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

New Zealand’s 2023 New Year’s Resolutions.

1. The Treaty of Waitangi. Return the Treaty of Waitangi to the file it was placed in after it had achieved its purpose in 1840. Maori had given up their kawanatanga/governments to Queen Victoria and in return, had “Become British Subjects with the same rights as the people of England”. It is not New Zealand’s Founding Document.
2. The Waitangi Tribunal. Abolish the Waitangi Tribunal as it has become a monster using corrupt, fabricated, and omitting evidence to base its fraudulent findings.
3. The Five Principles. Abolish Hon Geoffrey Palmer’s 1985 “Five Principles for Crown Action on the Treaty of Waitangi” as he admitted in 1990, “They were based on a treaty that was unclear and vague, and that was its problem”.
4. The Partnership. Abolish the “Partnership between Maori and the Crown” as there is no mention of a Partnership in the Treaty, and “A British Subject cannot be in partnership with the Crown”. Maori became British Subjects, “With the same rights as the people of England” when over 500 of their chiefs signed the Tiriti o Waitangi in 1840. 
5. The Declaration. Withdrawn from the “United Nations Declaration on the Rights of the Indigenous People” as Maori were not the tangata whenua or indigenous people of New Zealand.
6. The Royal Charter. Recognise Queen Victoria’s Royal Charter/Letters Patent dated 16 November 1840 as our true Founding Document and first Constitution. The Royal Charter separated New Zealand from New South Wales and made New Zealand into a British Colony with a Governor and Constitution to set up a political, legal and justice system under one flag and one law, irrespective of race colour or creed. “He iwi tahi tatou – We are now one people”.

There is no other document in our history that comes anywhere near to a true Founding Document than Queen Victoria’s Royal Charter/Letters Patent dated 16 November 1840. Use it or lose it, the choice is yours. 

Until we sort out the above, New Zealand will continue to become a third world country known as Aotearoa. Wake up – we are one – New Zealanders.

Prepared by The One New Zealand Foundation Inc. Est. 1988.

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

On 13 September 2007, Rosemary Banks, New Zealand’s Permanent Representative to the United Nations explained to the United Nations the reason why New Zealand could not sign the Declaration of the Rights of the Indigenous People stating, “It was fundamentally incompatible with New Zealand’s constitutional and legal arrangements”, but this was completely ignored by the United Nations when the Hon Pita Sharples signed the Declaration on the 19 April 2010. WHY? 

In 2007, Maori asked Prime Minster, Hon Helen Clark to sign the United Nations Declaration on the Rights of the Indigenous People, but New Zealand does not have a definition of the Indigenous People of New Zealand as well as, “Four provisions of the Declaration were fundamentally incompatible with New Zealand’s constitutional and legal arrangement”, therefore, she refused to sign it. 

In 2010, Prime Minister Hon John Key sent the Minister of Maori Affairs, the Hon Pita Sharples to New York on 19 April to sign the United Nation’s Declaration of the Rights of the Indigenous People in secret! 

Hon John Key must have known why Hon Helen Clark had not signed the Declaration in 2007 and that New Zealand did not have a definition of the Indigenous people of New Zealand, but he went ahead and signed it in secret without a mandate from Parliament or the people of New Zealand. This was solely for John Key to gain the Maori vote to stay in power as Prime Minister.

You will see from the OIA letter from Hon Pita Sharples below dated 2 April 2012, before he signed the Declaration, he told the United Nations, “Maori hold a distinct and special status as the indigenous people, or tanga whenua of New Zealand”. It is obvious Hon Pita Sharple’s knew, “Maori are NOT the indigenous people, or tangata whenua of New Zealand”, otherwise he would have stated, “Maori are the indigenous people, or tangata whenua of New Zealand”, but the United Nation’s accepted it. 

On 21 October 2021 in an OIA letter to the Crown Law Office, 2.4, we asked, “What law states, Maori have a distinct and special status as the tanga whenua or indigenous people of New Zealand”. The Crown Law Office replied, “You have been previously advised (by Hon Pita Sharples in 2012 and by Hon Christopher Finlayson prior to that), there is no statuary definition of indigenous people. This part of your request is refused under section 18(e) of the Act as the document alleged to contain the information requested does not exit”.  See copy of letters below.

As there is no statuary definition of the indigenous people of New Zealand and the document alleged to contain this information requested does not exit, then the United Nations accepted Maori as the Indigenous People, or tangata whenua of New Zealand, when New Zealand does not have a definition that Maori are in fact, “The indigenous people of New Zealand”. 

The Declaration on the Rights of the Indigenous People has given Maori special rights over all other New Zealand Citizens, allowing Maori, “A Partnership with the Crown” and possibly, “Co-Governance with the Crown”, based on the United Nations allowing Hon Pita Sharples to sign the Declaration without a definition of the indigenous people of New Zealand and completely ignoring New Zealand’s Permanent Representative to the United Nations, Rosemary Bank’s explanation in 2007. 

The Government has no other option now, than to inform the United Nations, New Zealand does not have a statutory definition of, “The Indigenous people or tangata whenua of New Zealand” and they were informed in 2007, “It was fundamentally incompatible with New Zealand’s constitutional and legal arrangements”, which has completely destroyed New Zealand’s democracy as agreed by the Treaty of Waitangi in 1840 and Queen Victoria’s Royal Charter/Letters Patent enacted on 3 May 1841, New Zealand true Founding Document.   

This article was written from documents held in the New Zealand, Australian and American Archives, plus the British Parliamentary Papers and the Official Information Act letters received by the ONZF.  

 

 

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