One New Zealand Foundation Inc.

Governor General, Dame Patsy Reddy.

Will she be, “Just another puppet on a string”?

By Ross Baker, Researcher, One New Zealand Foundation Inc. 10/12/2016 (C)

In our new Governor General Dame Patsy Reddy’s Swearing-in-Speech on the 28 September 2016 she stated, that in exercising her functions as Governor-General she would “respect and honour the unique partnership between the Crown and Māori, as enshrined in our founding document, Tē Tiriti o Waitangi”. See email from her secretary page 8.

From this email, Dame Patsy completely ignores or has been misinformed of the true documented history of New Zealand held at Archives New Zealand in Wellington and  will continue to grant Royal Assents to Bills based on her modern views of New Zealand’s history of false translations and interpretations of the Tiriti o Waitangi. See “Final Draft” of the Treaty of Waitangi dated the 4 February 1840, page 9. “Te Tiriti o Waitangi” dated the 6 February 1840, page 10 The “Official Translation” by the Native Department in 1869 page 11. Professor Margaret Mutu’s 2012 “Fraudulent Translation” to benefit part-Maori, page 11. There is only one Treaty and that is, “Te Tiriti o Waitangi dated the 6 February 1840”.

When Hobson became ill, this was the instruction he gave to those collecting further signatures. “The treaty which forms the base of all my proceedings was signed at Waitangi on the 6 February 1840, by 52 chiefs, 26 of whom were of the federation, and formed a majority of those who signed the Declaration of Independence. This instrument I consider to be de facto the treaty, and all signatures that are subsequently obtained are merely testimonials of adherence to the terms of that original document”. Lt. Governor Hobson

Queen Victoria and/or Great Britain would never have formed a “partnership” with a primitive race of people without any form of united government or written language and still practicing cannibalism, and there is absolutely nothing in the Tiriti o Waitangi that gives that impression. Copy of Official translation by the Native Department for the Legislative Council in 1869, page 11.

From the chiefs speeches on the 5 February 1840 there was no mention of a “partnership” between the Crown and Maori. They fully understood that if they signed the Tiriti o Waitangi, Lt Governor Hobson would be up, up, up and the chiefs, down, down, down. See page 5.

The “partnership” was endorsed by the 1987 Court of Appeal between the New Zealand Maori Council and the Attorney General (CA 54/87) by using an “unofficial” translation of the Tiriti o Waitangi by Professor Sir Hugh Kawhura who admitted was an, “Attempt at a reconstruction of the literal translation of the Maori text”. This was an unofficial, fraudulent “reconstruction” by Kawhura to benefit part-Maori only which was wrongly accepted by the Crown and the Courts for the purpose of this case. Prime Minister Geoffrey Palmer and Attorney General David Lange both warned against making literal translations of the Tiriti o Waitangi during their clash with Governor General, Rev. Sir Paul Reeves. See page 7.   

Dame Patsy also stated the Tiriti o Waitangi was New Zealand’s “founding document” but the Tiriti only gave sovereignty of New Zealand to Great Britain on the 21 May 1840 and temporary placed New Zealand and its people under the laws and dependency of New South Wales for six months until Britain decided on New Zealand’s fate. Proclamations were published in the London Gazette on the 2 October 1840. By then the Tiriti o Waitangi had served its purpose and was filed away in an old shed where it was later damaged by rats and by fire.

Once Britain had obtained sovereignty over all the islands of New Zealand, Queen Victoria’s issued Her Royal Charter/Letters Patent dated the 16 November 1840, which made New Zealand into an independent British Colony. From the copies of the two documents, the Tiriti o Waitangi could hardly be, “New Zealand’s Founding Document”!  See page 4.

Queen Victoria’s Royal Charter/Letters Patent separated New Zealand from New South Wales dependency on the 3 May 1841 and “founded” New Zealand and its islands as an independent British Colony with its own Governor and Constitution to form a government to make laws with courts and judges to enforce those laws under one flag and one law and irrespective of race, colour or creed. There was also no mention of a “partnership between the Crown and Maori” in the Royal Charter as through the Tiriti o Waitangi, Maori had become British Subjects and British Subjects cannot be in “partnership” with their Monarch or the Crown.  See page 6.

Queen Victoria’s Royal Charter/Letters Patent has been completely ignored by New Zealand’s Governor Generals when they grant Royal Assent to new legislation. In fact, the Royal Charter is not mentioned in any legislation or Act of Parliament. Most of our Acts of Parliament since the 1975 Treaty of Waitangi Act have been based on the Treaty of Waitangi, the “partnership” and the Fourth Labour Government’s “dreamt up” Five Principles for Crown Action on the Treaty of Waitangi, which has been continue ever since by government.

To allow this to happen, translations of the Tiriti o Waitangi have been deliberately distorted and misquoted to such an extent that they bear little, if any resemblance to the document signed in 1840 by Lt. Governor Hobson and over 500 tangata Maori chiefs. See Mutu’s translation page 12.

Dame Patsy Reddy must be advised not to grant Royal Assents to legislation based on the Tiriti o Waitangi or the “partnership” as the Tiriti o Waitangi was not New Zealand’s “founding document” and there was no “partnership” between tangata Maori and the Crown in the Tiriti o Waitangi.

To do otherwise is to mislead the People of New Zealand of their true history and rights and to insult the intelligence of Her Majesty, Queen Victoria and Great Britain. Under British law, Queen Victoria or Great Britain could never have formed a “partnership” with tangata Maori in 1840.

Royal Assent. If a Bill passes its third reading, it is passed by the Clerk of the House of Representatives to the Governor-General, who will (assuming constitutional conventions are followed) grant a Royal Assent as “a matter of course” and the Bill become law/an Act of Parliament. Some constitutional lawyers, such as Professor Philip Joseph believe the Governor-General does retain the power to refuse to grant a Royal Assent, especially if the Bill is based on false information or apartheid legislation. A Royal Assent should be the final check on bad legislation!

Over the last 45 years, radical Maori have hi-jacked our weak Politicians and have forced governments to give Maori special rights in our legislation over their fellow New Zealand Citizens with Governor Generals, in some cases with a vested interest granting Royal Assents to this apartheid legislation! See “Clash between Governor General and Government” page 7.

Refusal of a Royal Assent has never occurred under any circumstances in New Zealand, once a Royal Assent has been granted, the Bill then becomes law, but it is time a stop was put to this!

The One New Zealand Foundation Inc. has written to Dame Patsy to inform her of New Zealand’s true history but through her secretary, she refuses to change her views. Could this be to keep her job? See page 8.

In March 1990 this was brought to the attention of the Governor General, the Most Rev Sir Paul Reeves of part-Maori descent by the Prime Minister, Geoffrey Palmer and Attorney General, the late David Lange that was aired on an Australian Broadcasting Corporation’s Four Corner’s TV programme. Geoffrey Palmer stating, “The Treaty was, far from clear now, in fact, it is so vague and that is its primary problem” and David Lange stating, “Did Queen Victoria for a moment  think of forming a partnership with a number of signatures, a number of thumb prints and 500 people? Queen Victoria was not that sort of person”, but the Governor General in 1990 refused to accept this and hinted he would join Maori leaders; “That failure to address Maori “injustices” under the treaty would lead to violence or such thoughts as civil war. Not the comment expected from Her Majesty’s Representative in New Zealand but our Governor Generals have continued down this path of racially based laws ever since. Copy of New Zealand Herald article page 7.

Both Geoffrey Palmer and David Lange either resigned or were pushed from front line politics soon after this programme was aired on TV without fixing the terrible mess they had made, but Palmer our leading constitutional lawyer, did give this advice, “It is true the Treaty of Waitangi Act 1975 and all the other statutes, which give explicit recognition to the Treaty are not entrenched. They can be swept away by a simple majority in Parliament”, but failed to act.

Governments have also failed to take Geoffrey Palmer’s advice fearing violence and/or a civil war, as hinted by our past Governor General, the Rev Sir Paul Reeves and Maori leaders if Maori did not have their “alleged injustices” settled, which in most cases had already been settled in the 1940’s and in some cases, many times over.

While refusal of a Royal Assent has never occurred under any circumstances in New Zealand, our new Governor General, Dame Pasty must honoured, respected and obeyed Queen Victoria’s Royal Charter/Letters Patent dated the 16 November 1840 and refuse racial legislation based on the Tiriti o Waitangi being a “partnership” between the Crown and Maori.

Past Governor Generals, in some cases with a vested interest, have granted Royal Assents to apartheid Bills based on race and a distorted and misquoted Tiriti o Waitangi. This was never the intention of Queen Victoria or the 500 tangata Maori chiefs who signed the Tiriti o Waitangi in 1840.

The People of New Zealand have been lied to for far too long, they have a right to know the Tiriti o Waitangi has been distorted and misquoted to allow it to be referred to as, “A partnership between the Crown and Maori and New Zealand’s founding Document”. Governor General, Dame Pasty must honour, respect and obey Queen Victoria’s Royal Charter/Letters Patent dated the 16 November 1840 and not continue to grant Royal Assents to Bills based on race, “as a matter of course”!

CONCLUSION

• From the Chiefs speeches they knew exactly what the Treaty meant.  See page 5.

 

• Both Palmer and Lange warned against making literal interpretations from the Treaty in the 1990 ABC’s Four Corners Programme, but they allowed it to happen. See page 7

 

• The Treaty consists of the Preamble, the 3 Articles/Laws and the Consent. Without these 5 parts it is impossible to interpret or understand the Treaty.  See page 9, 10 and 11.

 

• If the Treaty is to be understood, then the whole document must be read, including the Preamble which clarifies any ambiguity in the articles/laws as in any document. This is the reason the Preamble is omitted from most copies of the Treaty over the last 30 years. If the Preamble is used, then the Treaty cannot be distorted on misinterpreted, unless it is distorted.

 

• Once the Treaty was signed, the chiefs did not complain about its meaning, only that when reality set in, they realised they could no longer continue with their unlawful, savage ways.

 

• Most modern historians pick one word or phrase and try to dissect it without the whole document. The tangata Maori chiefs understood it and I understand it because we both used the whole document, not just those bits to suit the cause as is happening today.

 

• The Treaty was only to give Great Britain sovereignty/control over all the island of New Zealand which has never been disputed internationally. Once sovereignty was achieved over all the islands of New Zealand the Treaty had served its purpose and was filed away in an old shed where it was later damaged by fire and rats.

 

• New Zealand was temporary place under the laws and dependency of New South Wales for 6 months until Britain decided on New Zealand fate.

 

• Queen Victoria’s Royal Charter/Letters Patent dated the 16 November 1840 “founded” New Zealand as a British Colony on the 3 May 1841 with a Governor and Constitution to give a political, legal and justice system within New Zealand.

 

• In 1970 the Treaty was dragged out of storage with the catch cry, “The Treaty is a fraud” but when this did not work, the Treaty’s translation was distorted and the new catch cry was, “Honour the Treaty”. This hit a cord with our weak politicians and since then they have given in to Maori’s demands at the expense of every New Zealand Citizen. New Zealanders have lost land, assets and money based on the fraudulent translations of the Treaty of Waitangi.

 

• It must be remembered the Treaty place New Zealand under the laws and dependency of New South Wales and only dealt with a primitive race of people without a united government, written language and still practicing cannibalism, while the Royal Charter “founded” New Zealand as a British Colony on the world stage, it was a Document of International Importance!

 

• The Tiriti o Waitangi only place New Zealand and its people under the laws and dependency of New South Wales while the Royal Charter, our true “Founding Document” and first “Constitution” made New Zealand into a British Colony under one flag and one law, irrespective of race, colour or creed.
• There was no “partnership” in the Tiriti o Waitangi and the only “principle” was, “He iwi tahi tatou – We are now one people”. Governor Hobson’s pledge as he shook each chief’s hand after they had signed the Treaty at Waitangi on the 6 February 1840 at Waitangi.

 

                    Tiriti o Waitangi V Queen Victoria’s Royal Charter

On the right is Queen Victoria’s pristine Royal Charter dated the 16 November 1840 with the Royal Seal attached. New Zealand’s true Founding Document and first Constitution. A document all New Zealanders should be extremely proud to display! See page 6.

On the left is the Tiriti o Waitangi signed at Waitangi on the 6^th February 1840 which was filed away in an old shed after Britain gained sovereignty over all the islands of New Zealand and was later damaged by rats and by fire. With thanks to John Ansell.

 

The Chief’s Speeches on the 5 February 1840

The chiefs fully understood there would be no “partnership with the Crown”.
“The Governor would be up, up, up and the chiefs down, down, down”.
With thanks to John Ansell.

Royal Charter disk supplied by Archives New Zealand, Wellington.

Disk of Queen Victoria’s Royal Charter of 1840. Constitution of New Zealand into a Separate Colony, 16 November 1840.
By the authority of the Chief Archivist, Archives New Zealand.

Queen Victoria’s Royal Charter/Letters Patent.

New Zealand’s true “Founding Document” and first “Constitution”.

Queen Victoria’s Royal Charter of 1840.

Constitution of New Zealand into a Separate Colony, 16 November 1840.

 This document has been completely ignored by the New Zealand Governments and Governor Generals.

New Zealand Herald, 6 March 1990

The clashing views of the Governor General, the Most Rev Sir Paul Reeves and the New Zealand Government on the Treaty of Waitangi were aired on Australian television, but not New Zealand television for very obvious reasons.

The One New Zealand Foundation Inc. has copies of the DVD and transcript of this programme.

“It is true the Treaty of Waitangi Act 1975 and all the other statutes, which give explicit recognition to the Treaty are not entrenched. They can be swept away by a simple majority   in Parliament”.

Former Prime Minister and Leading Constitutional Lawyer, Sir Geoffrey Palmer.

Email from Mr Gregory Baughen, Dame Pasty Reddy’s Official Secretary

 

It is interesting to note Mr Gregory Baughen’s comment, “We have corresponded before, when Sir Jerry Mateparae was Governor General. It is clear that the views that you, and we at Government House hold about modern New Zealand’s founding document are not that close”. 

That’s because our research is based on documented evidence held in our Archives, not the modern views Government House holds based on a distorted and misquoted Tiriti o Waitangi to allow it to be referred to as, “A partnership between the Crown and Maori and New Zealand’s founding Document”.

Governor General, Dame Pasty must honour, respect and obey Queen Victoria’s Royal Charter/Letters Patent dated the 16 November 1840 and not grant Royal Assents to Bills based on race , “as a matter of course”!    

The Final Draft of the Tiriti o Waitangi, 4 February 1840

 

This is the “Final Draft” written by James Busby under Lt. Governor Hobsons instructions on the 4 February 1840 that Hobson gave to the Rev Henry Williams and his son Edward to translate into the Tiriti o Waitangi at 4 pm on the 4 February 1840.

The final draft was found in 1989 by John Littlewood and his sister Beryl Needham in their deceased mother’s private papers. Note the word Sovreignty is misspelt as in all of Busby’s earlier drafts and it is dated the 4 February 1840, the day it was written. Rev Henry Williams and his son also made corrections in his translation to the various people the Treaty referred to in the Preamble and Article 3 as shown in “blue” in the Final Draft in 1840 and the Official Translation by the Native Department in 1869.  

“All the people of New Zealand” was left as is in Article 2 as it referred to “all the people of New Zealand”, irrespective of race, colour or creed  

The Final Draft  (Written by James Busby under Lt. Governor Hobson’s direction).

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

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

Article One.

The Chiefs of the Confederation of United tribes and the other chiefs who have not joined the confederation, cede to the Queen of England for ever the entire Sovreignty of their country.

Article second.

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

Article third

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

Signed, William Hobson, Consul and Lieut. Governor.

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

 

 “Te Tiriti o Waitangi” dated the 6 February 1840

This document is virtually word perfect to the “Final Draft” as expected, except for Rev Henry William’s changes to which people each clauses referred. See “blue”.

Lt. Hobson only made and authorised one Treaty of Waitangi and that was the Tiriti o Waitangi signed at Waitangi on the 6 February 1840, stating, “All other signatures that are subsequently obtained are merely testimonials of adherence to the terms of that original document”.

After each tangata Maori chief signed the Tiriti o Waitangi at Waitangi, Lt. Governor shook their hand and repeated, “He iwi tahi tatou – We are now one people” to which the whole gathering gave 3 hearty cheers. The one and only true “principle” of the Tiriti o Waitangi!

In the Preamble and Article 3, Maori acknowledged they were “tangata Maori” (blue) as it was known at the time they were not tangata whenua or the original people of New Zealand.  Article 2 (underlined) remained as, “ki tangata katoa o Nu Tirani – All the people of New Zealand” as it referred to all the people of New Zealand, irrespective of race, colour or creed.

“Official Translation” of 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 Maoris of New Zealand – that the Maori of New Zealand may consent to the Government of the Queen of all parts of this land and the islands, because there are many of her tribe that have settled on this land and are coming hither. Now the Queen is desirous to establish the Government, that evil will not come to the Maori or the Europeans who are living without law.

Now the Queen has been pleased to send me, William Hobson, a Captain in the Royal Navy, to be Governor to all parts of New Zealand which may be given up now or hereafter to the Queen; and he give forth to the Chief of the assembly of the Hapus of New Zealand and other chiefs the laws spoken here.

The First

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

The Second

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

The Third

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

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 6^th day of February, in the year one thousand eight hundred and forty, of our Lord.

   There is absolutely no mention of a “partnership” in the Tiriti o Waitangi!

“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 – that the Maori of New Zealand may consent to the Government of the Queen of all parts of this land and the islands…….We 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…… All the rights will be given to them the same as Her doings to the people of England”.

The Tiriti o Waitangi was signed by over 500 tangata Maori chiefs and sovereignty was declared by Great Britain over New Zealand and its islands on the 21 May 1840.

“Fraudulent Translation” of the Tiriti o Waitangi by Professor Margaret Mutu for “Weeping Waters” Published in 2010.

Now, Victoria, the Queen of England, in her well-meaning thoughts for the heads of the tribal grouping and the tribal groupings of New Zealand, and out of desire also to signal to them their paramount authority and their lands, and so as to maintain peace with them and peaceful habitation also, has thought that it is a right thing to send a head of a tribal grouping as an arranger with the Maori people of New Zealand – so that kawanatanga of the Queen to all places of this land and the islands will be agreed by the heads of the tribal groupings of the Maori because indeed of the many of her people who are already living on this land, and are coming. Now the Queen desires to arrange the kawanatanga so that no evil will come to Maori, and to Europeans living in a state of lawlessness. (Note comma after “Maori” not in the Tiriti, which changes the whole meaning of this sentence).

 

So the Queen is agreeable to send me, Wiremu Hopihana, a Captain in the Royal Navy, to be Governor for all parts of New Zealand (both those) being allocated now and in the future to the Queen and says to the leaders of the tribal groupings of the Confederation of the tribal groupings of New Zealand and other chiefs these laws spoken of here.

 

The First.                                                                                                                                                                   

The heads of the tribal groupings of the Confederation and all the leaders of tribal groupings who have not entered that confederation allow the Queen of England all the kawanatanga (control for her subjects?) of their land.

 The Second.                                                                                                                                                                                              

The Queen of England agrees and arranges for the heads of the tribal groupings, for the tribal groupings and all the people of New Zealand, their paramount and ultimate power and authority over their lands, their villages and all their treasured possessions.

However, the Chiefs of the Confederation and all the chiefs will allow the Queen to trade for (the use of) those parts of land which those whose land it is consented to, and at an equivalent of price as arranged by them and by the person trading for it (the latter being) appointed by the Queen as her trading agent.

 The Third.

This is also the arrangement for the agreement to the Kawanatanga (control of her subjects) of the Queen – the Queen of England will care for all the Maori people of New Zealand and will allow them all the same customs as the people of England.

 

Signed, William Hobson, Consul and Lieutenant – Governor.

 

We the heads of the tribal groupings of the Confederation of the tribal groupings of New Zealand who met here at Waitangi, along with the heads of the tribal groupings of New Zealand, see the likeness of these words, they are taken and all agreed to by us and so our names and our marks are indicated. This was done at Waitangi on the 6^th day of February in the year of our Lord eighteen hundred and forty. 

 

Professor Margaret Mutu’s Translation is a Fraud!

Professor Margaret Mutu should be charged with fraud as we believe she has deliberately distorted a State Document for personal gain.

 Professor Mutu is now working with her “friend” Moana Jackson to rewrite our Constitution to include the Tiriti o Waitangi more than likely based on her fraudulent translation.

 Maori should also be extremely concerned with Professor Mutu’s translation of the Tiriti o Waitangi as she has shown their once Noble language can no longer be translated!