Spend a few minutes...


If you are Concerned about New Zealand’s Future

Just spend a few minutes of your time to read the following.

I guess most of you watched Prince Harry and Megan Markle get married. What always amazes me on these occasions are the magnificent cathedrals, castles, stone buildings and horse drawn carriages etc., all built long before the Treaty of Waitangi was signed.  Britain also had a stable government and the most advanced political, legal and justice systems in the world in 1840. Great Britain was also one of the most advanced and powerful Nations.

 

  1. Just spend a few minutes comparing the two countries and its peoples in 1840.

At the time the Treaty of Waitangi was signed, tangata Maori were living in rough raupō hutswithout windows or doors, toilets, running water, only flax and feather clothing, no wheels, no farmed animals for food, still rubbing sticks together to make fire, still practicing cannibalism and with no united political, legal or justice systems. These people were constantly at war with each other and had no form of unity amongst the different tribes. Tangata Maori consisted of hundreds of small tribes living in fear of each other, especially after Hongi Hika, Ngapuhi returned from England in 1820 with over 500 muskets and went on the rampage south killing thousands of his fellow, unarmed countrymen, women and children for the fun of it. By 1830 the southern tribes were arming themselves to attack Ngapuhi tribes for utu – revenge of Hongi Hika’s cowardly atrocities. Thirteen Ngapuhi chiefs asked Britain for protection, not only from the southern tribes, but also from the French who wanted to claim New Zealand for their own. For Britain to legally intervene, Britainhad to claim sovereignty over all the islands of New Zealand and its people, which she did under the Law of Nationson the 30 January 1840.

 

  1. Just spend a few minutes thinking about the drafting, translation and presentation of the Treaty of Waitangi.

Do you really think Britain would have instructed a Captain in the Royal Navy to write a “Partnership Deal” with these primitive people? As the late Attorney General, Hon David Lange stated in an ABC Four Corners Programme in 1990, “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”.A document drafted by 3 men without any legal ability as shown by the wording of the Treaty was then translated into an inadequate language for this type of contract and finally written onto a piece of dog skin which was stored away in a shed where it was later damage by fire and rats. It’s debatable whether the British Parliament even knew of the Treaty of Waitangi as there is no mention of it in the Royal Charter/Letters Patent of 1839 or 1840. It was of little value, if any, in shaping New Zealand.

 

  1. Just spend a few minutes comparing these two documents, Te Tiriti o Waitangi and the 1839 Royal Charter/Letters Patent.

There was no deal between Britain and the tangata Maori people. Britain obtained sovereignty over New Zealand under theLaw of Nationsby a beautifully prepared, written and presented Royal Charter/Letters Patent in 1839 issued by, “Victoria by the Grace of God” under “The Great Seal of the United Kingdom of Great Britain and Ireland”.  The Royal Charter/Letters Patent of 1839 placed New Zealand under the laws and dependency of New South Wales with the New South Wales Governor, Governor Gipps New Zealand’s first Governor.    

 

  1. Just spend a few minutes reading Mr T E Youngs “official” translation of the Tiriti o Waitangi for the Legislative Council in 1869.

Lt. Governor Hobson’s Treaty didpromise tangata Maori, “The same rights as the people of England if they gave up their territories and governments to the Queen”, which over 500 tangata Maori chiefs signed in 1840, but there was no mention of a “Partnership” or any privileges or advantages over any other people or their properties in New Zealand. Tangata Maori were promised to be treated the same as the people of England under one flag and one law. By signing the Treaty of Waitangi, tangata Maori accepted becoming British subjects, therefore, as British Subjects they gave up all their cultural rights. The people that signed the Treaty of Waitangi signed it as tangata Maori, not tangata whenua, therefore, accepting they were not the “indigenous people or original inhabitants of New Zealand”, which was wrongly accepted by the United Nations and the New Zealand Government on the 19 April 2010.

 

  1. Just spend a few minutes thinking about how New Zealand became a British Colony with all the people of New Zealand under one flag and one law.

Twelve months after Britain had claimed Sovereignty over all the islands of New Zealand by the 1839 Royal Charter/Letters Patent under the Law of Nations, Britain issued another Royal Charter/Letters Patent dated the 16 November 1840, again issued by “Victoria by the Grace of God” under “The Great Seal of the United Kingdom of Great Britain and Ireland”. The 1840 Royal Charter/Letters Patent separated New Zealand from New South Wales with a Governor, Governor Hobson and a Constitution to set up a political, legal and justice system under one flag and one law, irrespective of race colour or creed, but under the watchful eye of Great Britain. New Zealand became a British Colony and tangata Maori, British subjects and a British subject cannot be in “Partnership with the Crown”!    

 

  1. Just spend a few minutes thinking about how corrupt it was to hide our true Founding Documents and first Constitution.

All this information, including the 2 Royal Charters/Letters Patent were readily available in the Constitution Room at Archives New Zealand, but once the One New Zealand Foundation Inc. had brought this information to the public attention in 2014, Government dismantled the Constitution Room on the 17 April 2017 and hid our true Founding Documents and first Constitution amongst the other 6 million documents in Archives Repository. They must now be ordered if future researchers want to research them, that is, if they know they exist!

 

  1. Just spend a few minutes reading the 2 Royal Charters/Letters Patent and you will see the Treaty of Waitangi had nothing to do with “shaping New Zealand”.

Our Government spent $7.2 million of taxpayer’s money to set up the He TohuExhibit at the Nation Library in Wellington to exhibit the Declaration of Independence and the Treaty of Waitangi as, “Iconic constitutional documents that shaped Aotearoa New Zealand”. The Declaration of Independence and the Treaty of Waitangi had nothing to do with shaping New Zealand, New Zealand was shaped by the Royal Charter/Letters Patent of 1839 and 1840.

 

  1. Just spend a few minutes thinking about how there can be no “Partnership between Maori and the Crown”.

Great Britain could never have formed a “Partnership” with tangata Maori under English law as British subjects cannot be, “In Partnership with the Crown. New Zealand was shaped by the 1839 and 1840 Royal Charters/Letters Patent under one flag and one law, irrespective of race, colour or creed.

 

Just spend a few minutes thinking about how the people of New Zealand have been “scammed” into believing the Treaty of Waitangi was our Founding Document. It was notand must be exchanged at the “He Tohu” exhibitfor the two Royal Charters/Letters Patent, our true Founding Documents and first Constitution now hidden away in Archives Repository. These documents belong to allthe people of New Zealand!

 

For further information and copies of the above-mentioned documents, please log onto, www.onenzfoundation.co.nz.

 

By Ross Baker, Researcher, One New Zealand Foundation Inc. 6 June 2018. Copyright.




Treaty of Waitangi Act 1975. New Zealand's Biggest Scam - Ever!


As our generation allowed it, our generation must abolish it for future generations!

The 1975 Treaty of Waitangi Act that created the Waitangi Tribunal was the biggest “Scam” ever forced by Government on the People of New Zealand. It allowed one small group of New Zealand citizens who can claim a minute trace of tangata Maori ancestry (See 3, page 14 and 16) advantage and privilege under the law not available to any other New Zealand citizen. This is not the agreement our ancestors, both tangata Maori and non-Maori made with a hand shake and the words, “He iwi tahi tatou – We are now one people“, followed by 3 hearty cheers by the whole gathering at Waitangi on the 6 February 1840.

After Lt. Governor Hobson’s final English draft of the Treaty of Waitangi and the Tiriti o Waitangi, that had been translated by the Rev Henry Williams and his son Edward into Maori was read and discussed on the 5 February 1840, the Tiriti o Waitangi was transcribed onto dog skin by the Rev Richard Taylor on the night of the 5 February 1840. On the 6 February 1840 the Tiriti o Waitangi written on dog skin was signed by 49 tangata Maori chiefs at Waitangi before being taken around the country and read, discussed and signed by a total of 540 tangata Maori chiefs. Once signed, the Tiriti o Waitangi was of little further value and was stored away in a shed where it was later damaged by fire and rats. Lt. Governor Hobson never wrote or authorised an English text of the Treaty of Waitangi to be signed by the tangata Maori chiefs. See copies of Treaty of Waitangi – Te Tititi o Waitangi page 15, 16, 17, 18.

In 1975 the National Government enacted the 1975 Treaty of Waitangi Act that created the Waitangi Tribunal. The Tribunal was set up to hear Maori claims against the Crown that occurred after 1975and used an unauthorised English text of the Treaty of Waitangi compiled by Lt. Governor Hobson’s secretary, James Freeman from James Busby’s early rough notes. The final English draft of the Treaty of Waitangi went missing soon after Lt. Governor Hobson had read it to the gathering at Waitangi on the 5 February 1840. The only treaty document signed on the 6 February 1840 at Waitangi was the Tiriti o Waitangi. There was no English text of the Treaty of Waitangi signed on that day.

Lt. Governor Hobson never made or authorised an English text of the Treaty of Waitangi. There was one of James Freeman’s compiled “unofficial” English text signed at Waikato Heads when the “official” Tiriti o Waitangi had not arrived, but this was after the gathering had been read, discussed and signed one of Hobson’s 200 Church Mission Society printed copies of the Titiri o Waitangi. As the CMS printed Tiriti of Waitangi document could only hold a few signatures, one of Freeman’s compiled documents was used to hold further signatures but when presented for signing, was attached to the CMS printed copy of the Tiriti o Waitangi as one document. Hobson’s signature on this copy is different from any other signature but it must be remembered he had just had a stroke. There is also opinion that it could be a forgery.

Lt Governor Hobson stated when instructing others gathering signatures that the only “official” Tiriti o Waitangi was that signed at Waitangi on the 6 February 1840 and the chiefs must fully understand it before they signed it. There was no English text of the Treaty of Waitangi read, discussed or signed at Waitangi on the 6 February 1840 or at any other venue.

In 1985 the Labour Government enacted the 1985 Treaty of Waitangi Amendment Act, “That allowed claims dating back to 1840”, many of which had already had “full and final” settlements in the 1930/40s. The 1985 Amendment Act included Lt. Governor Hobson’s “official” Te Tiriti o Waitangi that was signed by 540 tangata Maori chiefs from all over New Zealand, but mainly the North Island as the South Island was very sparsely populated in 1840 due to the intertribal fighting and much of the South Island land being sold by the chiefs to people from other lands before the Tiriti o Waitangi was signed in 1840.

The two Treaty of Waitangi Acts and the Waitangi Tribunal were the biggest “Scam” ever forced on the people of New Zealand by Government as they allowed one small group of New Zealand Citizens that can claim a minute trace of tangata Maori ancestry special rights under the law not available to any other New Zealand Citizen. This completely breached the Treaty of Waitangi that guaranteed to all the people of New Zealand, “Tangata Maori would be given the same rights as the people of England”,if they gave up, “All parts of New Zealand and their governments to the Queen“, which 540 tangata Maori chiefs agreed to when they signed the Tiriti o Waitangi in 1840 with a handshake from Lt. Governor Hobson.

English law did not allow tangata Maori to be given any special rights under the law or to be in “Partnership with the Crown“!

The Treaty of Waitangi had very little, if anything to do with Britain claiming sovereignty over all the islands of New Zealand or setting up our political, legal and justice systems under one flag and one law. Britain gained sovereignty over all the islands of New Zealand by Royal Charter/Letters Patent dated the 30 July 1839 on the 30 January 1840 under the “Law of Nations” (Jure gentium).

In 1877 Chief Justice Sir James Prendergast GCMC ruled the Treaty of Waitangi a “simple nullity“. Under the Official Information Act dated the 12 January 2018, the One New Zealand Foundation Inc. asked the Ministry of Justice if this ruling had been over-ruled. Tania Ott, the Director, Senior Courts, replied, “The information you have requested is not held by the Ministry of Justice. Therefore, I am declining your request as allowed under section 18(g) of the Act as there are no grounds for believing that the information is held by other departments, Minister of the Crown or local authority”.

The Privy Council also ruled in 1941, “That unless it was incorporated into New Zealand statutes the Treaty of Waitangi was not legally binding”.

Up until 1975 all claims by Maori against the Crown had been heard by the courts with no mention of the Treaty of Waitangi as it had been ruled by Chief Prendergast to be, “a simple nullity” and by the Privy Council, “Not legally binding“, therefore, the Treaty was not mentioned or used to settle claims before 1975.

It was only after the 1975 Treaty of Waitangi Act that Maori claims were based on the Treaty of Waitangi, a document that was ruled to be “A simple nullity” and “Not legally binding“.  Hon Geoffrey Palmer must have realised this because he stated in 1992, “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“. The Hon Winston Peters tried to have the Five Principles abolished but he was out voted by the “puppets” in Parliament.

Sir Geoffrey Palmer has now been given the task of making his reforms legal by having the Treaty of Waitangi incorporated into our Constitution. We cannot let this man do any more damage to New Zealand, he has done enough already!

In 1835 James Busby, the British Resident had tried to get the tangata Maori chiefs to sign the Declaration of Independence recognising tangata Maori sovereignty over all the island of New Zealand, but the chiefs were more interested in intertribal fighting than sovereignty or unity amongst the tribes of New Zealand but only 52 chiefs signed the Declaration over a four- year period and it was abandoned. Five years later, 540 tangata Maori chiefs signed the Tiriti o Waitangi that showed tangata Maori wanted British sovereignty and protection under one flag and one law with, “The same rights as the people of England“. No more – no less.

The Declaration of Independence or the Treaty of Waitangi were not mentioned in the Royal Charter/Letters Patent of 1839 that placed New Zealand under the laws and dependency of New South Wales or the 1840 Royal Charter/Letters Patent that made New Zealand into a British Colony and set up our political, legal and justice systems under one flag and one law, irrespective of race, colour or creed. The Treaty of Waitangi is not in our statutes, therefore, as the Privy Council ruled, “Is not legally binding!

Both Chief Justice Prendergast’s and the Privy Council’s rulings are legally binding as there is no information held by the Ministry of Justice, other departments, Ministers of the Crown or local authority, that their rulings have been over-turned.

The Treaty of Waitangi was a document drafted by James Stephen, the Undersecretary of Colonies and a strong supporter of the Clapham Sect in 1838. As Britain had not decided on how it would become involved in New Zealand in1838, his draft was not intended to be a Treaty between Britain and the tangata Maori. It was solely to satisfy the Clapham Sect to make sure tangata Maori would be given, “The same rights as the people of England“. Britain obtained sovereignty over all the islands of New Zealand on the 30 January 1840 under the “Law of Nations“, not the Treaty of Waitangi as there was no political structure or Head of State that could sign on behalf of tangata Maori. See Law of Nations and the Clapham Sect page 14.

When Lord Normanby found Britain was to gain sovereignty over New Zealand he wrongly believed tangata Maori had gained sovereignty over New Zealand by James Busby’s 1835 Declaration of Independence and gave James Stephen’s draft to Captain Hobson to draft a treaty and have tangata Maori sign it. He did not realise the Declaration of Independence had been a complete failure and Britain had gained sovereignty under the “Law of Nations“. A Royal Charter/Letters Patent had been issued in 1839 by “Victoria by the Grace of God” under, “The Great Seal of the United Kingdom of Great Britain and Ireland“. In fact, it is debatable whether the Britain Government even knew of the Treaty’s existence before it was signed as no mention was made of it in the 1939 or 1840 Royal Charters/Letters Patent.

The 1939 Royal Charter/Letters Patent placed New Zealand under the laws and dependency of New South Wales on the 30 January 1840, seven days before the first signature appeared on the Treaty of Waitangi. See page 8.

From the 30 January 1840 until the 3 May 1841 New Zealand was under the laws and dependency of New South Wales. Governor Gipps, the Governor of New South Wales was also Governor of New Zealand and William Hobson his Lieutenant until the 1840 Royal Charter/Letters Patent made him Governor on the 3 May 1841.

Before Lt. Governor Hobson had left New South Wales for New Zealand, Governor Gipps had told him approximately two thirds of New Zealand had been sold by the tangata Maori chiefs to people from other lands with many of the Deeds of Sale held in the New South Wales Supreme Court where many still remain today. This was the reason Hobson included “All the people in New Zealand” in Article 2 of the Treaty as their property/taonga had to be protected the same as the tangata Maori had been promised in the Treaty under one flag and one law.

On the 16 November 1840 Britain issued a Royal Charter/Letters Patent making New Zealand into a British Colony on the 3 May 1841 and Lt. Governor Hobson became Governor of New Zealand. The Royal Charter/Letters Patent gave New Zealand its first Constitution for Governor Hobson to set up political, legal and justice systems under one flag and one law, irrespective of race, colour or creed, but under the watchful eye of Great Britain. See page 10.

In 1979, the Hon Geoffrey Palmer entered politics and in 1983 became Attorney General and decided to reform the 1975 Treaty Waitangi Act and the Waitangi Tribunal, stating in his 1992 book, New Zealand’s Constitution in Crisis, “The factor that shaped my intellectual approach to Maori issues in New Zealand was my experiences in the United States. It was on this background that I drew, and with adaptions used as the basis for legislation to advance the interests of the Maori minority in New Zealand. I did some research on the outstanding grievances and it did not appear to me that looking into them would open the can of worms, which many feared. I took the view that the claims may take a decade to deal with, that it would cause some anguish, but it would be worth it in the end”.Nearly 4 decades later and $3.5 billion (2017) in settlements with many alleged claims still to be settled or topped up with no end in sight. It seems from his statement above, the Hon Geoffrey Palmer had over looked the fact, tangata Maori had been given, “The same rights as the people of England” while the black people of the United States were slaves without any rights what’s so ever!

How did the Hon Geoffrey Palmer get it so wrong and why did our politicians go along with it when the evidence was held in Archives New Zealand Constitution Room until it was dismantled by the National Government in 2017?

When Attorney General, Sir Geoffrey Palmer was making his reforms in 1980’s, he stated, “I was utterly opposed to the Privy Council having anything to say about what the Treaty meant in New Zealand”, but he must have known the Privy Council had ruled in 1941, “That unless it was incorporated into New Zealand statutes the Treaty of Waitangi was not legally binding”. Chief Judge Prendergast had also ruled in 1877, “The Treaty of Waitangi was a simple nullity”.

After ten years of Maori trying to use the wording of the Treaty of Waitangi/Tiriti o Waitangi to claim against the Crown without success, the Attorney General, Hon Geoffrey Palmer and the Minister of Maori Affairs, the Hon Koro Wetere decided to write “Five Principles for Crown Action on the Treaty of Waitangi” based on a document that had been ruled a “simple nullity” and “Not legally binding“.

In March 1990, Prime Minister Geoffrey Palmer stated on the ABC’s “Four Corners” TV programme, “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”.See attached NZ Herald article Page 7.

The question that must be asked, how did the Hon Geoffrey Palmer and the Hon Koro Wetere use the Treaty of Waitangi to write the “Five Principles for Crown Action on the Treaty of Waitangi” in 1986 when they must have known the Treaty was, “Far from clear, vague, a simple nullity and not legally binding”?

Attorney General Hon David Lange stating on this same programme, “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”.

Sir Geoffrey Palmer has now been given the task to make the Treaty of Waitangi part of our Constitution to make the 1975 Treaty of Waitangi Act and his reforms legal. Too late Mr Palmer, your reforms and “Five Principle for Crown Action on the Treaty of Waitangi” were based on a document that was, “Far from clear, vague, a simple nullity and not legally binding“, therefore, must all be abolished as they were no more than a “SCAM” to defraud the majority of New Zealanders of their legal rights!

On this same programme, the Governor General, the Rev Sir Paul Reeves of tangata Maori descent, threatened he would join Maori leaders in hinting that failure to address “injustices” under the Treaty of Waitangi would lead to violence or even civil war.  Hardly a comment you would expect from the Queen’s Representative, but the Government took note and has since given in to Maori’s every demand at the expense of all other New Zealand Citizens.

It is interesting to note, that soon after this programme was aired, both the Hon Geoffrey Palmer and the Hon David Lange left front line politics. Had they realised the terrible mistakes they had made and with the Governor General and the Maori leaders now hinting at violence or even a civil war if they did not honour their promises and had decided to leave front line politics? What other reason would there be when they were at the height of their political careers.

Chief Justice Prendergast also stated, “That any transactions by the Crown with Maori are to be regarded as Acts of the State, and therefore, are not examinable by any Court“. Especially, the apartheid Waitangi Tribunal!                                                                                                                                                                                                                                                   In 1989 Lt. Governor Hobson’s final draft of the Treaty of Waitangi was found in the Littlewood’s mother’s estate and was called the “Littlewood Treaty” by the government’s historians. While at first this created great excitement amongst all the historians and researchers it was soon realised by the Government that this could have a devastating effect on the Waitangi Tribunal’s findings and the Government’s settlements. It showed the English text attached to the 1975 Treaty of Waitangi Act was not written or authorised by Lt. Governor Hobson. In 1992 Dame Claudia Orange made a public announcement, “That the Littlewood Treaty was just another translation by an unknown author”and was quickly hidden away from public view, but after pressure from the Littlewoods, was displayed in Archive’s Constitution Room as, “Justanother early translation of the Tiriti o Waitangi. It was later confirmed by historian Professor Phil Parkinson that it was penned by James Busby, the man who penned Lt. Governor Hobson’s final draft on the 4 February 1840 and the date that appears on this document as well as being written on paper belonging to James Clendon where the final draft was written. There is no doubt from the evidence we have on file, this document was Lt. Governor Hobson’s final draft of the Tiriti o Waitangi.

The One New Zealand Foundation Inc. extensively researched Hobson’s final draft and by 1992 found there was no doubt it was the final draft and published its findings in 1992 in a book entitled, “He iwi tahi tatou – We are now one people“. It was not until 2004 that Martin Doutre picked up on our research and between the ONZF and Martin we published a book called, “The Littlewood Treaty, The True English Text of the Treaty of Waitangi Found”.Within a few months of this book being published, the Government had set up a $6.5 million travelling exhibition called, “Treaty 2 U” that travelled the country to discredit our research. Even to the stage of busing in young impressionable school children to brainwash them into believing the Treaty of Waitangi was our Founding Document. No mention was made of Lt Hobson’s final draft. When I inquired why it was not on display, I was given a Trespass Notice not to visit the Treaty 2 U Exhibitagain and when I later visited Te Papa, I was given a Trespass Notice stopping me from visiting Te Papa for 3 years.  In fact, Te Papa had our display on the Littlewood Treaty moved by the police from a site next to Te Papa owned by the Wellington Harbour Board who had given the ONZF permission to set up our display on its land.

Lt. Governor Hobson’s final English draft of the Treaty clarified the many distortions of the translations of the Tiriti o Waitangi and the misinformation that allow many of the Maori claims to be settled. The Government spent $6.5 million of taxpayer’s money to discredit our research and push a document that was ruled, “A simple nullity”and “Not legally binding“.

Since the One New Zealand Foundation Inc. brought the Royal Charters/Letters Patent to the public’s attention in 2015, the Government has dismantled New Zealand Archives Constitution Room where the two Royal Charters/Letters Patent were held and have filed them away amongst the other 6 million documents in Archive Repository where they will soon be forgotten and lost for ever. In fact, future researchers must now order these documents if they want to research them, that is, if they know they exist!

The Royal Charters/Letters Patent of 1839 and 1840 are beautifully written, decorated and preserved documents issued by, “Victoria by the Grace of God” under, “The Great Seal of the United Kingdom of Great Britain and Ireland“. They are the documents that made New Zealand into a British Colony with its own Governor and Constitution that set up our political, legal and justice systems under one flag and one law, irrespective of race, colour or creed. They are preserved in pristine condition as our true Founding Documents and first Constitution. Once the Treaty of Waitangi was signed, it was stored away in an old shed as it was of little value, “In shaping New Zealand“!  Later being damaged by rats and fire.

On the 17 April 2017 the Declaration of Independence and the Treaty of Waitangi, which were also held in the Constitution Room were moved to the new $7.2 million taxpayer funded He TohuExhibitat the National Library, Wellington where the people of New Zealand are “Scammed” once again by being told, “They are our iconic constitutional documents that shaped Aotearoa New Zealand“. It is time these “traitors” that set up this “Scam” were brought to justice for dismantling our Constitution Room and separating our Constitution documents. They have completely destroyed what our ancestors, both tangata Maori and non-Maori created with blood, sweat and tears 187 years ago with the words, “He iwi tahi tatou – We are now one people” followed by a hand shake and 3 hearty cheers!

I could go on with further evidence that the 1975 Treaty of Waitangi Act was a “scam”by Government. Especially when the Governor General and the Maori leader’s threat in hinting that if Government did not give into Maori’s every demand it could lead to violence or a civil war.

We have been “scammed”by the Treaty of Waitangi Act 1975 and its 1985 Amendment Act. The Treaty of Waitangi was not our Founding Document or our first Constitution and played no part, “In shaping New Zealand”. New Zealand was shaped by the Royal Charters/Letters Patent of 1839 and 1840 that have been place amongst the 6 million other documents at Archives Repository where they will be forgotten and lost for ever.

This was the advice Sir Geoffrey Palmer gave in his book, “New Zealand’s Constitution in Crisis” in 1992 after his 1980 reforms, “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”.

Our generation will more than likely be the last to know of our true Founding Documents and first Constitution that “shaped New Zealand“, therefore, we have a duty to past and future generations to force the Government to abolish, “The Treaty of Waitangi Act 1975 and all the other statutes, which gave explicit recognition to the Treaty” and to display the Royal Charters/Letters Patent in all government buildings, schools, court houses and libraries around the country as they are our true Founding Documents and first Constitution that 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.

Please don’t let the politicians “scam” future generations as they have “scammed”us! We must force government to abolish the 1975 Treaty of Waitangi Act and the 1985 Treaty of Waitangi Amendment Act!

The One New Zealand Foundation Inc. can support all the above with documented evidence that was once held in the Constitution Room at Archives New Zealand, Wellington before the Government dismantled it to make our true history extremely difficult to find.

For further information and documented evidence, please read, Chief Justice Prendergast ruled the Treaty of Waitangi, “A simple nullity” published by the One New Zealand Foundation Inc., PO Box 7113, Palmerston North. $10-00 each incl, P&P.

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It is unbeleivable that after Hon Geoffrey Palmer made all his Treaty of Waitangi Reforms and Principles based on a documents he found was, “Far from clear and vague”, you would think he would have done his best to correct his errors. But no, he now wants to include this “unclear, vague” document in our Constitution to satisfy the Maori leaders that threatened violence or a civil war if Goverbment did not honour his ridiculous Treaty of Waitangi promisses.  Has this man no principles?

At least the Attorney General, the late Hon David Lange admitted, Queen Victoria would never have agreed, “To a Partnership between Maori and the Crown”!

 

Royal Charters/Letters Patent of 1839 and 1840.

Both these documents have been kept from our history to allow Government to “Scam” the People of New Zealand of their true Founding Documents and first Constitution. They have now been removed from Archive New Zealand’s Constitution Room and place out of sight in Archive Repository.

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.

The 1839 Royal Charter/Letters Patent for New South Wales and New Zealand

 

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The document 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.

Below is Queen Victoria’s Royal Charter/Letters Patent, dated the 16 November 1840.  The Constitution of the Colony of New Zealand into a separate colony on the 3 May 1841. Archives New Zealand Ref. No. ACGO 8341 1A1 9. See New Zealand Archive’s disk, page 14.

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

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This is New Zealand true Founding Document and first Constitution.

The Constitution Reads:

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(1). The Law of Nationsrecognized 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.

(2). The Clapham Sectwas a group of aristocratic evangelical Anglicans, prominent in England from about 1790 to 1845, who campaigned for the abolition of slavery, to protect indigenous peoples from colonial exploitation and to promote missionary work at home and abroad. The group centered on the church of John Venn rector of Clapham in south London. 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 by Sir James Stephen, the Undersecretary for the Colonies and a very strong supporter and member of the Clapham Sect. Sir James Stephen had also drafted the “Slavery Abolition Act of 1833”.

 

(3). Tangata Maori. The traditions are quite clear on one point, whenever crew disembarked there were already tangata whenua (prior inhabitants).The canoe ancestors of the 14-century merged with these tangata whenua tribes. Dr Ranginui Walker in the, 1986 New Zealand Year Book, page 18,

 

3This disk was supplied by Marilyn Little, Chief Archivists, Archives New Zealand.Government cannot dispute the fact, that the Royal Charter/Letters Patent dated the 16 November 1840 was our true Founding Document and first Constitution that separated New Zealand from New South Wales into a separate British Colony with its own Governor to set up a political, legal and justice systems under one flag and one law, irrespective of race, colour or creed.

 

For further information and documented evidence, please read, Chief Justice Prendergast Ruled the Treaty of Waitangi, “A simple nullity”.Available from the One New Zealand Foundation Inc.  ONZF@bigpond.com.au.

 

    

 

 

The Treaty of Waitangi – Te Tiriti o Waitangi

Once the Tiriti o Waitangi was signed, it was of little value and was stored away in a shed where it was later damaged by fire and rats. The Tiriti o Waitangi was not part of New Zealand becoming a British Colony with a Governor and Constitution that set up our political, legal and justice systems. British Sovereignty was gained over New Zealand by the “Law of Nations” and the Royal Charters/Letters Patent of 1839 and 1840 were our true Founding Documents and first Constitution that set up New Zealand’s political, legal and justice systems under one flag and one law, irrespective of race colour our creed.

 

The TIriti o Waitangi was signed by 540 tangata Maori chiefs who acknowledged they were not the tangata whenua or the Indigenous People of New Zealand. Tangata Maori gave up their governments and territories to the Queen in return for, “The same rights as the people of England”. See Te Tiriti o Waitangi, Article 3 below. See tangata Maori (3) page 14.

Te Tiriti o Waitangi.              Lt. Governor Hobson’s final draft dated 4th of February 1840.

 
320px-TreatyofwaitangiHer 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 pleased to appoint an officer to treat with them for the cession of the Sovreignty 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 me William Hobson, a captain in the Royal Navy to be Governor of 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 First

The chiefs of the Confederation of the 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 lands, dwellings and all their property. But the chiefs of the Confederation of United Tribes and the other chiefs grant to the Queen, the exclusive rights of purchasing such lands as the proprietors thereof may be disposed to sell at such prices as may be agreed upon between them and the person appointed by the Queen to purchase from them.

Article Third

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

 

 

 

 

 

 

 

Signed, William Hobson
Consul and Lieut. Governor.

Now we the chiefs of the Confederation of United Tribes of New Zealand assembled at Waitangi, and we the other tribes of New Zealand, having understood the meaning of these articles, accept of them and agree to them all. In witness whereof our names or marks are affixed.

Done at Waitangi on the 4th of Feb. 1840.Lt. Governor Hobson’s final draft of the 4th of February 1840

The Three Texts of the Treaty of Waitangi

People of New Zealand” was changed to “tangata Maori” in the Tiriti o Waitangi.

 

The “Unofficial Royal Style” text compiled from early notes by James S Freeman and attached to the 1975 Treaty of Waitangi Act.

Her Majesty Victoria Queen of the United Kingdom of Great Britain and Ireland regarding with Her Royal Favour the Native Chiefs and Tribes of New Zealand and anxious to protect their just Rights and Property and to secure to them the enjoyment of Peace and Good Order has deemed it necessary in consequence of the great number of Her Majesty’s Subjects who have already settled in New Zealand and the rapid extension of Emigration both from Europe and Australia which is still in progress to constitute and appoint a functionary properly authorized to treat with the Aborigines of New Zealand for the recognition of Her Majesty’s Sovereign authority over the whole or any part of those islands. Her Majesty therefore being desirous to establish a settled form of Civil Government with a view to avert the evil consequences which must result from the absence of the necessary Laws and Institutions alike to the native population and to Her subjects has been graciously pleased to empower and to authorize “me William Hobson a Captain” in Her Majesty’s Royal Navy Consul and Lieutenant Governor of such parts of New Zealand as may be or hereafter shall be ceded to Her Majesty to invite the confederated and independent Chiefs of New Zealand to concur in the following Articles and Conditions.

ARTICLE THE FIRST

The Chiefs of the Confederation of the United Tribes of New Zealand and the separate and independent Chiefs who have not become members of the Confederation cede to Her Majesty the Queen of England absolutely and without reservation all the rights and powers of Sovereignty which the said Confederation or Individual Chiefs respectively exercise or possess, or may be supposed to exercise or to possess, over their respective Territories as the sole Sovereigns thereof.

ARTICLE THE SECOND

Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession; but the Chiefs of the United Tribes and the individual Chiefs yield to Her Majesty the exclusive right of Pre-emption over such lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective Proprietors and persons appointed by Her Majesty to treat with them in that behalf.

ARTICLE THE THIRD

In consideration there of Her Majesty the Queen of England extends to the Natives of New Zealand Her royal protection and imparts to them all the Rights and Privileges of British Subjects.

[Signed] W Hobson Lieutenant Governor

Now therefore We the Chiefs of the Confederation of the United Tribes of New Zealand being assembled in Congress at Victoria in Waitangi and We the Separate and Independent Chiefs of New Zealand claiming authority over the Tribes and Territories which are specified after our respective names, having been made fully to understand the Provisions of the foregoing Treaty, accept and enter into the same in the full spirit and meaning thereof in witness of which we have attached our signatures or marks at the places and the dates respectively specified

Done at Waitangi this Sixth day of February in the year of Our Lord one thousand eight hundred and forty.

The “Official” Maori text translated by Reverend Henry Williams and his son Edward. This document was read, discussed and signed by 540 tangata Maori chiefs in 1840 and attached to the 1985 Treaty of Waitangi Amendment Act.KO Wikitoria te Kuini o Ingarani i tana mahara atawai ki nga Rangatira me nga Hapu o Nu Tirani i tana hiahia hoki kia tohungia ki a ratou o ratou rangatiratanga me to ratou wenua, a kia mau tonu hoki te Rongo ki a ratou me te Atanoho hoki kua wakaaro ia he mea tika kia tukua mai tetahi Rangatira—hei kai wakarite ki nga tangata Maori; o Nu Tirani—kia wakaaetia e nga Rangatira Maori; te Kawanatanga o te Kuini ki nga wahikatoa o te Wenua nei me nga Motu—na te mea hoki he tokomaha ke nga tangata o tona Iwi Kua noho ki tenei wenua, a e haere mai nei.Na KO te Kuini e hiahia Ana kia wakaritea te Kawanatanga kia kaua AI nga kino e puta mai ki te tangata Maoriki te Pakeha e noho ture kore Ana

Na, kua pai te Kuini kia tukua a hau a Wiremu Hopihona he Kapitana i te Roiara Nawi hei Kawana MO nga wahi katoa o Nu Tirani e tukua aianei, amoa atu ki te Kuini, e mea atu Ana ia ki nga Rangatira o te wakaminenga o nga hapu o Nu Tirani me era Rangatira atu enei ture kA korerotia nei.

KO TE TUATAHI
KO nga Rangatira o te wakaminenga me nga Rangatira katoa hoki ki hai i uru ki taua wakaminenga kA tuku rawa atu ki te Kuini o Ingarani ake tonu atu—te Kawanatanga katoa o ratou wenua.

KO TE TUARUA

KO te Kuini o Ingarani kA wakarite kA wakaae ki nga Rangatira ki nga hapu—ki nga tangata katoa o Nu Tirani te tino rangatiratanga o ratou wenua o ratou kainga me o ratou taonga katoa. Otiia KO nga Rangatira o te wakaminenga me nga Rangatira katoa atu kA tuku ki te Kuini te hokonga o era wahi wenua e pai AI te tangata nona te Wenua—ki te ritenga o te utu e wakaritea AI e ratou KO te kai hoko e meatia nei e te Kuini hei kai hoko mona.

KO TE TUATORU

Hei wakaritenga mai hoki tenei MO te wakaaetanga ki te Kawanatanga o te Kuini—kA tiakina e te Kuini o Ingarani nga tangata Maori; katoa o Nu Tirani kA tukua ki a ratou nga tikanga katoa rite tahi ki Ana mea ki nga tangata o Ingarani.

[Signed] William Hobson Consul & Lieutenant Governor

Na KO matou KO nga Rangatira o te Wakaminenga o nga hapu o Nu Tirani kA huihui nei ki Waitangi KO matou hoki KO nga Rangatira o Nu Tirani kA kite nei i te ritenga o enei kupu, kA tangohia kA wakaaetia katoatia e matou, koia kA tohungia AI o matou ingoa o matou tohu.

kA meatia tenei ki Waitangi i te ono o nga RA o Pepueri i te tau kotahi mano, e waru rau e wa te kau o to tatou Ariki.

The “Official” Translation from the Original Maori text by Mr. T.E. Young, Native Department for the Legislative Council in 1869. This is virtually word for word with Hobson’s final draft.Victoria, Queen of England, in her kind thoughtfulness to the Chiefs and Hapus of New Zealand, and her desire to preserve to them their chieftainship and their land, 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 Maoris of New Zealand may consent to the Government of the Queen of all parts of this land and the islands, because there are many people of her tribe that have settled on this land and are coming hither.Now the Queen is desirous to establish the Government, that evil may not come to the Maoris and 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 the places of New Zealand which may be given up now or hereafter to the Queen; and he give forth to the Chiefs 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 for ever 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 the other Chiefs, gives to the Queen the purchase of those pieces of land which the proprietors may wish, for such payment as may be agreed upon by them and the purchaser who is appointed by the Queen to be her purchaser.

The Third

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

William Hobson
Consul and Lieutenant Governor

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

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

Lt. Governor Hobson gave the following instruction to those gathering 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”.

  1. Governor Hobson never made or authorised an English text of the Treaty of Waitangi. The only text read, discussed or signed by the 540 tangata Maori chiefs was the “Official” Maori text, “Te Tiriti o Waitangi”. No English text was read, discussed or signed at Waitangi on the 6 February 1840, only the Tiriti o Waitangi with a handshake and the words, “He iwi tahi tatou – We are now one people” to which, the whole gathering gave three hearty cheers.

Published by the One New Zealand Foundation Inc. 1 June 2018. (Copyright).




Update on Allan Titford.


Allan Titford remains a model prisoner while held at the South Auckland Corrections Centre since 2013, even although the Ombudsman, the courts and his Case Manager has accused him of sexually assaulting his children to stop visiting rights to his young son Leo.

Allan Titford was not charged or convicted of sexually assaulting his children, one of the worst crimes a man can commit, but the Ombudsman, the courts and his case manager continue to say he sexually assaulted his children! This is a lie!

Allan TitfordMr Titford’s Case Manager, Erica Hiyama in her report dated the 8 August 2015 stated, “Allan currently is serving 24 year sentence for multiple charges of violent and sexual offences against his ex-wife and children”.  Ms Hiyama, Mr Titford was not convicted of sexually assaulting his children!

This shows how little research Ms Hiyama put into Mr Titford’s report. A serious mistake that stopped Mr Titford’s young son Leo from visiting his father and a mistake that has put Mr Titford in great danger while in prison.

In a letter to the One New Zealand Foundation Inc. dated the 16 November 2015,Chief Ombudsman, Dame Beverley Wakem stated, “In November 2013 Mr Titford was convicted of a number of offences including fraud, perjury, arson, assault of family members and sexual offences towards his wife and children”.  Ms Wakem, Mr Titford was not convicted of sexually assaulting his children and puts him in great danger while in prison! Chief Ombudsman, Dame Beverley Wakem resigned from the Ombudsman’s Office soon after making this very serious mistake. This was not the first time Chief Ombudsman, Dame Beverley Wakem has made errors when dealing with Mr Titford and his land confiscation at Maunganui Bluff..

On page 1, (2) of the Department of Corrections Panel Consideration dated the 13 March 2017, it states, “Given the extensive and prolonged nature of Mr Titford’s violent offending, a full psychological risk assessment needs to be undertaken to assess the dynamic risk factors underlying the reactive sexual and general violence that Mr Titford was convicted of. This leaves the inability to prove a clear risk analysis”. Mr Titford was not convicted of sexually assaulting his children and puts him in great danger while in prison as well stopping visiting rights to his son Leo!

The Appeal Judge, Justice Rhys Harrison also stated Mr Titford was convicted of sexually assaulting his children when summing up at Mr Titford’s Appeal on the 14 July 2017. Judge Rhys Harrison, Mr Titford was not convicted of sexually assaulting his children and puts him in great danger while in prison! Why was this not challenged by Mr Titford’s Barrister, Ron Mansfield at the time?

It is surprising Barrister Ron Mansfield, who represented Mr Titford at his Appeal base the Appeal on Mr Titford being unfit to stand trial. Why would he decide to fight Mr Titford’s convictions on these grounds when Mr Titford was not allowed one witness in his defence? Did he want Mr Titford’s Appeal to fail?

One of the most crucial aspects of a fair legal trial is the right to call witnesses on both sides; Mr Titford was never given this opportunity at his trial.

I agree Mr Titford should not have visiting right to his son Leo if he had been convicted of sexually assaulting his children, but no mention of sexually assaulting his children was made by anyone at any time before, during or after the trial, therefore no charges were laid.

Mr Titford is completely innocent of sexually assaulting his children but the Ombudsman, the courts and his Case Manager are determined to say Mr Titford sexually assaulted his children resulting in him being refused visiting rights to his young son Leo and a great danger to him while in prison.

Leo was only five years old when the decision was made to refuse him visiting rights to see his father, he is now 8 and still he is being refused. These are the most formative years of any young boy and for the Ombudsman, the courts and Mr Titford’s Case Manager to deny him visiting rights based on false information is extremely unfair to both father and son.

During his trial, Mr Titford was refuse witnesses in his defence. All the evidence by his wife and children had little, if any cross examination by his lawyer Mr John Moroney and no documented evidence was supplied to support their claims.

The Universal Declaration of Human Rights, article 11, states: “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence”. Mr Titford was refused witnesses in his defence at his trial.

Allan Titford was not found guilty, he had a guilty verdict handed down by Judge Duncan Harvey who had only heard the Crown’s witnesses before jailing him for 24 years!

On the 2 February 2011 Mr Titford’s daughter Ulanda wrote, “And all the stuff we had to write and say about dad. I did not understand any of it. I tried to ask but was told just to do it. No one would explain nothing to me”. It was stated at the trial that their mother, Susan Titford had promised the children $5000 each if they would testify against their father.

There is no doubt, Allan Titford is a marked man because he stood up for his rights when his freehold titled farm was taken for Te Roroa’s false land claim at Maunganui Bluff in 1995. After a full judicial inquiry by Chief Judge Shepherd in 1939 it was found Te Roroa had no claim to this land and it was rejected by Parliament in 1942, but after twisting the truth and omitted the sale documents etc., the Waitangi Tribunal found in the claimants favour.

While Mr Titford continues to fight for his rights and the rights of every New Zealander who owns free hold titled property, the Government and its departments are hell bent on making Mr Titford’s and his son’s life as miserable as possible.

Under International Law, Mr Titford is innocent until proven guilty, therefore he deserved a new trial where he is allowed witnesses in his defence and the right through his lawyer to cross examine his wife and children!

Ross Baker, Researcher, One New Zealand Foundation Inc. 8/3/2018. (Copyright)




Hot off the Press


Chief Justice Prendergast Ruled the Treaty of Waitangi, “A Simple Nullity”!

The One New Zealand Foundation Inc. has just written and published one of the most controversial books ever written on New Zealand’s history. It tells how,

  1. Britain became involved in New Zealand because of Ngapuhi’s cowardly atrocities forced on their unarmed country men, women and children from the 1820s until Britain put an end to the fighting and cannibalism and brought peace between the tribes of New Zealand. Without British intervention, tangata Maori would be long gone!
  2. The Treaty of Waitangi was ruled a “simple nullity” in 1877. Great Britain had already gained sovereignty over all the islands of New Zealand by the Royal Charter/Letters Patent dated the 25 August 1839 under the “Law of Nations”, long before the first signature appeared on the Treaty of Waitangi.
  3. The 1839 Royal Charter/Letters Patent placed New Zealand under the laws and dependency of New South Wales from the 30 January 1840 until the 3 May 1841.
  4. The Royal Charter/Letters Patent dated the 16 November 1840 separated New Zealand from New South Wales on the 3 May 1841 and made New Zealand into an Independent British Colony. New Zealand’s true Founding Document and first Constitution that: “Shaped New Zealand’s political, legal and justice systems”.
  5. The two Royal Charters/Letters Patents were issued by, “Victoria by the Grace of God” under “The Great Seal of the United Kingdom of Great Britain and Ireland”, the Treaty of Waitangi was not!
  6. Attorney General, Hon Geoffrey Palmer admitted he made mistakes with his apartheid Treaty of Waitangi reforms in the 1980s; based on his studies into American Civil Rights while at the University of Chicago which had no relationship to New Zealand
  7. Our Minister’s for Treaty of Waitangi Negotiations continued to allow many of the claims that had already had “full and final” settlements in the 1930s/40s to be re-heard based on false, fabricated or omitted history costing the taxpayers of New Zealand $3.5 billion to date – 2017. Sir Douglas Graham’s ridiculous relativity clause for Tainui and Ngai Tahu, an ongoing burden on the people New Zealand.
  8. Our two Founding Documents, the 1839 and 1840 Royal Charters/Letters Patent have been removed from the Constitution Room at Archives New Zealand and concealed in Archives Repository where they will be forgotten and lost forever amongst the other 6 million documets and must be ordered by future researchers, that is, if they know the exist. These documents belong to all the people of New Zealand and must be displayed at He Tohu as our true Founding Documents and first Constitution.
  9. It shows how PC (Politically Corrupt) Governments have become since the 1975 Treaty of Waitangi Act.

All the above concealed from the people of New Zealand by our Governments!

A must read if you want to know the true history of New Zealand and not the history that the people of New Zealand have been brainwashed into believing by our Governments since the “apartheid” 1975 Treaty of Waitangi Act that resulted in the “corrupt” Waitangi Tribunal and the “unconstitutional” Five Principles and Partnership between Maori and the Crown. The 1975 Treaty of Waitangi Act and its 1985 Amendment were the most corrupt, unconstitutional and apartheid Acts of Parliament ever forced on the people of New Zealand.

Wake up New Zealand, our Governments have been dishonest! 

The lies and false information must stop now, we have a right to know the truth!

Purchase your copy for only $10-00 P & P from the One New Zealand Foundation Inc., P O Box 7113, Palmerston North, New Zealand. Email: ONZF@bigpond.com.au.

Donations gratefully accepted to help distribute the truth.




Some Tips about Te Reo


“Words, words, words”

 – Shakespeare, “Hamlet”, Act 2, Scene 2          

            

While the meaningful glance certainly has its place, for the much greater part of our communication, we use words, spoken and, until modern times much less often, written – in a word: “language”.

 

A communicating group from a tribe to an empire will develop a language understood by all, which will change slowly over the years as the needs for expression and habits of speech change within the group. As one group becomes dominant over others, so will its language.

 

Thus Latin, the language of Rome, came to be spoken over an area from the borders of Scotland to the deserts of the Dead Sea, facilitated by the great system of roads built by the Romans to control their empire.

 

But let the empire break down, communication cease, and the processes of change within a language do their work. Within a few centuries, Latin in the speech of ordinary people had split up into perhaps two dozen distinct languages with varying degrees of intelligibility between them. In France alone at the time of Napoleon, about seven distinct Romanesque languages with numerous dialects were spoken, not counting the Celtic tongue of Brittany. Of these perhaps Occitan and that of the Languedoc, of the ‘oc’ not ‘oui’ for ‘yes’, were the most distinctive, with Catalan over the Pyrenees intermediate between it and imperial Spanish.

 

It was only the establishment of strong central government, of modern communications and the restored Académie Française which created standard modern French based on that of Paris while similar processes in Italy led to the Florentine language becoming the basis of modern Italian.

 

One dramatic example is Melanesia whose people over more than ten thousand years spread over New Guinea and more than 2000 islands to its east, the latest probably Fiji about three thousand years ago. The mountains and jungles of New Guinea, the seas between the islands and the universal practice of cannibalism served to split the people into many isolated groups and language followed its inevitable course.

 

By the time Europeans arrived there were reckoned to be 600 languages in New Guinea, more than a hundred in Vanuatu and seventy-odd in the Solomon islands, mostly mutually unintelligible.

 

The spread of people into Polynesia began somewhat later and the divergence of language consequently has been less though a glance at the instructions in Tongan, Samoan, New Zealand and Cook Islands Maori, Tokelauan and Niuean in “how to vote” pamphlets issued at our elections shows that the differences are quite considerable.

 

Because the best current evidence[i] indicates that our Polynesian immigrants came from the Cook Islands area about seven hundred years ago, that is where the divergence appears to be least. “Ikoraki”, the name of a prominent Rarotongan peak and “Hikurangi” that of an East Coast mountain, show a typical change in the language of New Zealand Maoris.

 

And so, how did things develop in New Zealand? The rugged topography and heavy native bush of New Zealand meant that the settlements of at most somewhat over 120,000[ii] in pre-European times were often widely separated. Given the tribal organization, endemic warfare and cannibalism between the tribes, normal social contact between them will have been even less than geographic barriers dictated though news was said to travel fast. The conditions were tailor-made for language divergence.

 

So what actually happened? In pre-European times language was solely oral and there is simply no way of knowing how it actually sounded. Interested Europeans recorded in writing the speech they heard and it would be a weak argument today to claim that they were wrong. One of the very first was Georg Forster, naturalist on Cook’s first voyage. In the brief encounter with the Katimamoe remnant of Dusky Sound before they were, all but one young woman, killed and eaten by a Kai Tahu war party, Forster recorded a couple of dozen of their words, mostly names for birds.[iii] However, even though something of the language of Queen Charlotte Sound was understood by Cook and others in “Endeavour” more adept at language who had spent some time in Tahiti, that of Dusky Sound was virtually unintelligible to them.

 

Even in less isolated areas of Southland, Europeans who understood northern dialects well enough could not understand the language of resident Kai Tahu.[iv]

 

Now first, be it noted, the sounds in any two languages are never quite the same. Hence we detect a “foreign accent” in the English of a non-native speaker and even within countries. A Yorkshireman, a Scot and a Northern Irishman speaking English sound recognizably different from a BBC announcer. Having grown up in Bluff, I have been identified by my speech as a Southlander.

 

Second, we should note that in New Zealand, missionaries and others writing down what they heard could differ amongst themselves when they heard different speakers and depending on their own language experience. There was no “correct” spelling. Thus when JL Nicholas in 1817 wrote “rungateeda” and missionaries chose “rangatira” one would have been as good as the other.

 

Quite a number of the early missionaries were from the English social class which dropped its “h’s” thus Maoris learning English would naturally imitate them. Hone (or John) Heke was said to be one of them.

 

Third, be it noted, written Maori was a construct of Europeans, not Maoris. So no Maori either then or today has any better authority to proclaim the spelling of any Maori word than anybody else.

 

By the year 1840, northern missionaries had developed a reasonably consistent spelling of the speech of northern Maoris amongst whom they worked.[v] When the highly experienced and competent Henry and Edward Williams[vi] translated Hobson’s final English draft of 4th February that was the spelling they used. It is instructive to look at their text of the actual treaty document which, it appears, remarkably few people who claim to be experts actually do.

 

They even went as far as to transliterate Hobson’s name and rank as “Wiremu Hopihana he Kapitana i te Roiara Nawi” – overdoing it indeed in my view! Their word for “land” which appears several times is “wenua”; not a “whenua” nor a “wh” anywhere in sight![vii]

 

Even more instructive is their transliteration of “February” to “Pepueri”, the month when the treaty was signed and dated of course.

 

Now why should this be?   There is no sensible reason why the Williams should have avoided using an “f” in their text, nor “wh” for any sound approximating that in English “when” and “why” in Ngapuhi speech. The reason must be simply that they did not exist.

 

An “f” does exist in some island languages. Fanaofo is one of the Tokelau Islands. “Fale” or “fare” is the word for a house, rendered “whare” in Maori but sounded as “warre” in the Wanganui heartlands. While “f” may have persisted in some Maori dialects, it was clearly dropping out of use. One reason, as Jean Jackson pointed out,[viii] was that women with tattooed lips could not pronounce it.

 

So “wh”? Well, maybe. In the Taranaki dialect, a “w” could be followed by a glottal stop as in some island languages,[ix] rendered in writing with an apostrophe (e.g. Ma’a Nonu), so the name of the cult boss of Parihaka would be rendered best by “Te W’iti”. Meka Whaitiri is an MP; Jimmy Waitiri was my Bluff classmate. Is one right – the other wrong?

 

As for the Wellington locality: not “Kaiwharawhara” but “Kai-wara-wara, Kaiwara, and Kaiwarra (the most used) all appear in the records.”[x] It was “Wakatu” not “Whakatu” for Nelson[xi], “Wangaree” for “Whangarei” and “Wangaroa” to Hone Heke in a letter to Henry Williams, on 1st December 1847 – the list goes on and on.

 

But a “wh” pronounced “f” as observed so conscientiously by most radio and television announcers today? It becomes increasingly obvious that this is nothing but a latter-day invention of pseudo-scholars.

 

Nothing has stopped the Geographic Board scattering “wh” in all sorts of placenames. Koiterangi, scene of Stanley Graham’s notorious 1941 rampage, they have renamed Kowhitirangi. Rangiaohia, scene of the monstrous lie of an 1864 church-burning, is now Rangiaowhia. Can it be seriously suggested that in writing the names of these places settlers omitted an “f” sound?

 

While there is perhaps a case for standard spelling of the mixture now decreed to be “Te Reo”, there is no valid case for it in placenames but evidently that is paramount in the minds of Geographic Board bureaucrats. In their arrogant decision that Wanganui should become Whanganui, they contemptuously ignored the wishes of 80% of the residents who voted on it that its name should remain unchanged. So it is now “Fonganui” on the airwaves.

 

There are harbours and inlets in the coastline of New Zealand, named simply by Maoris as “long harbour” in the local dialect. Some are Wangaloa, Akaroa, [Little] Akaloa, and Whangaroa, while Lyttelton harbour was Whakaraupo – showing dialectical variants which have not yet fallen victims to Geographic Board diktat. Westhaven Inlet has not been so fortunate, being now decreed to be Whanganui Inlet.

 

So. elsewhere, less interference and more respect for what the settlers actually heard – the dialect of the local Maoris – should, I suggest, override bureaucratic uniformity. While the “ng” sound developed in the north, it only rarely replaced “k” south of the Rakitata River, with weak final syllables often clipped off. The Otago Heads village as I heard it was the “kaik”, not “kainga”; an elderly Karitane woman of Maori descent spoke of “kaio” trees, not “ngaio”.

 

Tree ferns were “bungies”, not “punga”. When we boys carried out mock battles with flax sticks, they were “keladdies” not “korati”, though when I asked a Maori elder at Rapaki in Lyttelton Harbour for his choice he could not understand either!

 

Again, we have more accurately “Wakatip”, not “Wakatipoo” and a dominant peak near Nelson, scene of several murders by the Burgess gang, was “Mokotap” to the locals, brown and white alike, but now decreed to be “Maungatapu”. “Aoraki” mercifully overtook “Aorangi”, being applied in their ignorance by the Geographic Board pundits to Mount Cook but never its Maori name. As A.P. Harper found out and quite specifically reported,[xii] there were no Maori names for the remote peaks where they did not go and “Aoraki” was the name of the fluffy white clouds which frequently cover them.

 

Two more different spoken languages that English and Maori it would be hard to find. English has many more sounds – voiced consonants – “b,d,j,z,zh”; diphthongs – or compound vowels and even triphthongs – “our” as in “flour”. Many words end in consonants and multi-syllable words are accented. Maori has none of these features.[xiii] And so, for people whose first language is English, their pronunciation of Maori words will inevitably depart from any “pure” form. I heard once a Hokitika man with the good Maori name of Maui pronounce it “M-a-u-i” – actually a very pleasant sequence but nothing like most people would say it – another barrier Te Reo has to face. But it works both ways! An elderly Wanganui River women talked to me of “Ranana” – “London” to you and me.

 

The language of a Stone Age people had no words for the many complexities of modern civilization. Indeed this lack was already starkly evident in 1840 when Maoris had no words for “sovereignty” and “possession” – so the missionary-coined words “kawanatanga” and “rangatiratanga” were used in the Treaty of Waitangi – providing endless opportunities for people with devious intentions to twist it. With no word for “library” in a culture which had no books, Christchurch City Council, obliged to put “Maori” labels on everything, chose “kete wananga”, derived, I suppose, from “wisdom basket” – cute, eh? Other libraries – other words.

 

Transliteration is another technique – “tiriti” for a start. With all public buildings required to have “Maori” titles we find artificialities like “kaporeihana”, “kanihera” and “pirihimana”. The nearby supermarket is decorated with signs saying things like “pikitete”, “waina” and “kawhe”[xiv] Accepting, as is decreed, that “wh” must be pronounced “f”, as an exercise try working out what these words are supposed to mean. Does anybody seriously believe that they will be used in normal conversation? Some recent enthusiasts are reported to have added many thousands of words to the Maori vocabulary, presumably using this process – surely an exercise in futility?

 

One Apanui Ngahiwi of the Maori Language Commission wrote: “In fact, it is a taonga protected by article two of the Treaty of Waitangi because that is exactly what the Maori Language Act 2016 (section 8 (g)) says it is. The act creates a partnership between Maori and the Crown for the revitalisation of te reo Maori. It recognises te reo Maori as the foundation of Maori culture and identity and that the lives of iwi and Maori are enhanced by knowledge and use of the language.”[xv]

 

Now, there is no such thing in the Treaty as a “partnership” while in 1840, “taonga” meant simply material property. That Maori speech needs such gross distortions of the truth shows what dire straits it is in.

 

We should be wise enough to learn from the experience of others – the Irish for example. Following independence from Britain, the Irish Government made strenuous efforts with considerable expense to extend the use of Gaelic and it became compulsory in schools but almost nobody uses it and the Gaeltacht, the supposedly Gaelic-speaking region, is shrinking fast. In 1953 I heard people freely speaking Scots Gaelic in Ullapool but in four visits to Ireland, I heard it spoken only once – by schoolgirls rehearsing their homework. Even in the remote Aran Islands, supposedly a Gaelic stronghold, its use is declining. With the young listening to English-speaking radio and TV stations, that becomes their preferred language.

 

We may feel some sadness at the decline of the historic Gaelic language but the hard fact is that the prime purpose of language is communication and people will inevitably use the most useful language for it. We may feel the same about that increasingly artificial language Te Reo, but Gaelic and Te Reo will inevitably become ornamental languages like Latin – OK for a few school mottoes and the like and little else.

 

English is the international language.[xvi] I have taught English to Tibetans, Poles, Czechs and Ni-Vanuatu – all eager to learn it. As I write (17th March 2017), a granddaughter of mine is en route to Colombia to teach English at a Spanish-speaking school.[xvii] North of the Arctic Circle, Norwegian schoolboys come to meet the coastal steamers to practice their English on the tourists aboard.[xviii] Tune in to BBC TV or Aljazeera and you will find people speaking in English – a Mexican, a Pole and a Gambian in one bulletin I noted. The coat of arms of Uganda bears the words “For God and my Country”.[xix] From India to Namibia it is understood almost everywhere and the Chinese, no fools, are becoming very proficient in it. We can be thankful that English is the normal native tongue of the New Zealand-born. Parents who “immerse” their children in Te Reo instead play a cruel trick on them to advance their own agenda. Excellence in English should be a prime objective of our schools and that is the place to spend taxpayers’ money.

 

Bruce Moon

 

Nelson

 

17th March 2017

 

(With minor additions, 20/21 January 2018)

[i]     While there is compelling evidence of earlier settlers in New Zealand, their origin is a matter of debate and their language submerged and forgotten in pre-European times.

[ii]    For a careful estimate of 127,000, see John Robinson, “When two cultures meet”, Tross, 2012, ISBN 1 872970 31 1

[iii]   Forster’s list and much other fascinating detail is given in “Dusky Bay”, A. Charles Begg and Neil C. Begg, Whitcombe and Tombs, 1966

[iv]   Maoris from south of the Waitaki River were generally emphatic in their preference for “Kai Tahu” over ”Ngai Tahu”, the more common form in the north. Note too that “Waitangi” is the northern form of “Waitaki”.

[v]    Missionary Wohlers on Ruapuke Island in Foveaux Strait chose to use the northern written forms of Maori words even though they did not represent accurately the southern speech. Scots’ choice of standard written English even though their own speech was decidedly different is an exact parallel. Earlier, Scots spelling had been highly variant as shown vividly by the 1888 diary of a Scots kinsman of mine.

[vi]   Edward being considered “facile princeps” or “easily best” by Hugh Carleton, Henry’s biographer

[vii]  We may compare “tangata whenua” with Moriori “tchakat henu”

[viii] In a telephone conversation with me

[ix]   “Taranaki War 1860-2012 Our Legacy – Our Challenge”, an exhibition in the Nelson Provincial Museum in 2012-3. (Note the date ‘2012’! What was the Taranaki Provincial Museum which constructed the exhibition alleging with that? One Kelvin Day who was responsible wrote to me on 20th December 2012 saying: “there is no such thing as one true history”. Well, well. Isn’t “true history” is an account of what actually happened!)

[x]    Ian Wards, “The Shadow of the Land”, Department of Internal Affairs, 1968, p. 218 f/n

[xi]   ibid., p.219

[xii]  A.P. Harper, “Pioneer Work in the Alps of New Zealand”, 1896, pp 10ff.

[xiii] A former member of the Maori Battalion with whom I worked on a construction site in 1951 told me that it was easy learning some Italian. The structure of Italian and Maori has similarities.

[xiv] A few of the examples around Nelson

[xv]  Ngahiwi Apanui, Letter, “Dominion Post”, 18th February 2017

[xvi] Many Maoris of the colonial period thus saw the importance of their children becoming fluent in English. See for example the 1876 petition of Wi Te Hakiro and 336 others that “[T]here should not be a word of Maori allowed to be spoken in the [native] school”. Much is made by some today of the corporal punishment of children caught speaking Maori, ignoring the fact that in those unenlightened days it was applied for all breaches of school rules.

[xvii]       With a B.Sc. in mathematics from Melbourne and six months as a school exchange student in Madrid, she is a bright young woman though I do wonder how well her Castilian Spanish will go down in darkest South America. As she lands there in Cartagena, where in 1585 Thomas Moone, Drake’s favourite captain and a remote relation, received a mortal wound, I have warned her to be careful!

[xviii]      Myself amongst them

[xix] The country in which, incidentally, my Father’s brother lies buried.




GOVERMNENT HAS NO RIGHT TO HIDE OUR CONSTITUTIONAL DOCUMENTS!


The Declaration of Independence and the Treaty of Waitangi had very little, if anything to do with shaping New Zealand. The Declaration being a failed attempt by James Busby to have tangata maori sovereignty recognised over New Zealand and tangata maori to set up their own government but as only 52 chiefs supported this, it was abandoned without one meeting taking place. The Treaty was to satisfy the Clapton Sect by Britain giving tangata maori, “The same rights as the people of England”. In 1877 Chief Justice James Prendergast declared, the Treaty of Waitangi was “a simple nullity“. 

The two documents issued under the Great Seal of the United Kingdom of Great Britain and Ireland that shaped and made New Zealand into a British Colony were the Royal Charter/Letters Patent dated the 30 July 1839, which extended the boundaries of New South Wales to include all the islands of New Zealand, and, The Royal Charter/Letters Patent dated the 16 November 1840 that separated New Zealand from New South Wales and made New Zealand into a British Colony on the 3 May 1841 with its own Governor and Constitution that set up our political, legal and justice systems under one flag and one law, irrespective of race colour or creed.

The Treaty of Waitangi is not mentioned in either of these Royal Charters as it was to satisfy the Clapham Sect by giving tangata maori, “The same rights as the people of England”. The Treaty of Waitangi was drafted in 1838 by Sir James Stephens, the Under Secretary for Colonies and a strong supporter of the Clapham Sect that was set up to, “Protect the natives in countries Britain was colonising”, but legally, “a simple nullity”. See “The Clapham Sect and the Treaty” www.onenzfoundation.co.nz.

The Treaty of Waitangi was never intended to be part of our Constitution, but government, with the help of Sir Geoffrey Palmer, the man who instigated the disastrous “Five Principles for Crown Action on the Treaty of Waitangi” and “Section 9 of the State Owed Enterprise Bill” are writing a new Constitution based on the Treaty of Waitangi. To do so, the Government has dismantled the Constitution Room at Archive New Zealand that held our true Constitutional documents and placed them amongst the 6 million other documents in Archives Repository where they will be forgotten and lost forever. In fact, future researchers will have to order these documents, that is, if they actually know they exist.

one nz foundationTo give the Declaration of Independence and the Treaty of Waitangi credibility as Constitutional documents, the government moved them in darkness to the new $7.2 million “He Tohu Exhibit” at the National Library, Wellington calling them, “Iconic constitutional documents that shaped Aotearoa New Zealand”. While Cabinet Minute CAB Min (12) 14/11 dated the 30 April 2012 agreed to move the Constitution Room to the National Library, Wellington, there was no mention that our true Constitutional documents would be hidden by government in the Repository at Archives New Zealand amongst the other 6 million documents where they must be ordered by future researchers if the actually know they exist .

To hide our countries true Constitutional documents is corrupt, no government has the right to touch Constitutional documents! Our true Constitutional documents must be placed in the “He Tohu Exhibit” at the National Library immediately for all to see and those responsible, charged with tampering with our Constitution”.

Prepared by the One New Zealand Foundation Inc. 24/8/2017. Copyright.

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




Corrupt Government Destroys New Zealand!


How New Zealand’s history has been stolen from right under our noses!

On the 17 April 2017 the National Government dismantled the Constitution Room at Archives New Zealand and separated our true Constitutional Documents from the Declaration of Independence, the Treaty of Waitangi and the Women’s Suffrage Petition.

The Declaration, Treaty and Women’s Suffrage Petition being place in the $7.2 million He Tohu exhibit at the National Library, Wellington, while the Royal Charters and Proclamations that made New Zealand into a British Colony under one flag and one law being placed in Archives New Zealand’s Repository where they will be forgotten and lost forever amongst the other 6 million documents. These Constitutional Documents must now be ordered to research them if future researchers know they exist.

This corrupt act is to allow the National Government to write a new Constitution based on the Treaty of Waitangi that played absolutely no part in shaping New Zealand or New Zealand becoming a British Colony with a political, legal or justice systems under one flag and one law, irrespective of race, colour or creed.

Below are the Eight Steps that Made New Zealand into a British Colony.

 

The One New Zealand Foundation Inc. has located the Constitutional Documents that made New Zealand into a British Colony under one flag and one law, irrespective of race, colour or creed. The latest posts on our website, www.onenzfoundation.co.nz  fully explains the above with documented evidence.

The Treaty of Waitangi was signed at Waitangi on the 6th February 1840 with a handshake and the words, “He iwi tahi tatou – We are now one people” with Lt. Governor Hobson stating to those gathering 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”.  No English version was authorised by Lt. Governor Hobson or signed at Waitangi on the 6 February 1840.

While the One New Zealand Foundation Inc. has located all the documents to prove the above but we cannot force government or the people of New Zealand to take note or act on this information. We have done our best and can only hope that one day it will be used to make our country into how our ancestors hoped it would be with blood, sweat and tears, but with a new Constitution in the pipeline based on the Treaty of Waitangi, it may already be too late.

The Charters of 1839 and 1840 that made New Zealand into a British Colony

Below left is the ‘Charter/Letters Patent’ of 1839 that extending the boundaries of New South Wales to include all the islands of New Zealand and appointing William Hobson as Lieutenant Governor of New Zealand. Sir George Gipps, Governor of New South Wales was in fact, New Zealand’s the first Governor until Lt Governor Hobson became Governor of the Colony of New Zealand on the 3 May 1841.

Queen victoria

Above right is Queen Victoria’s Royal Charter/Letters Patent dated the 16 November 1840 that made New Zealand into a British Colony on the 3 May 1841 with its own Governor and Constitution that set up our political, legal and justice systems under one flag and one law irrespective of race, colour or creed. Our true Founding Document and first Constitution.

Prepared by the One New Zealand Foundation Inc. (C).  18/8/2017.

For further information; www.one.nzfoundation.co.nz  or ONZF@bigpond.com.au




Because of Ngapuhi’s Atrocities, New Zealand Became a British Colony!


While Ngapuhi are stating they did not give up their sovereignty in 1840, they initiated Britain becoming involve in New Zealand when their 13 chiefs wrote to King George IV asking him to be their guardian and protector. When James Busby offered tangata maori sovereignty over all the islands of New Zealand in 1835 he could only attract 52 chiefs to sign the Declaration of Independence with over 500 agreeing to British Sovereignty by the Treaty of Waitangi in 1840. While the Treaty of Waitangi confirmed British sovereignty over all the islands of New Zealand on the 21 May 1840, it was of little interest to Britain with no mention of the Treaty of Waitangi in the Royal Charters/Letters Patents of 1839 and 1840 or Lt. Governor Hobson’s two Proclamations read at Waitangi on the 30 January 1840. Our true Founding Documents and first Constitution. 

Why have governments and our academics overlooked these vital documents that made New Zealand into a British Colony under one flag and one law on the 3 May 1840 and have now hidden them amongst the 6 million other documents at Archives New Zealand?     

There were many wars between the tangata whenua, the original inhabitants of New Zealand and the tangata maori tribes who arrived in the 14th century and after the tangata whenua were driven into the hills and disappeared, the tangata maori tribes continued to fight for territories but no more so than when Hongi Hika returned from England after helping Dr Samuel Lees with his Maori to English dictionary.  Hongi Hika had an ulterior motive when travelling to England in 1819 with his friend Waikato and that was to purchase as many muskets as possible. While he was in England he informing King George IV he was, “The King of New Zealand” or hoped to be after he returned to New Zealand with hundreds of muskets. See, “The Musket Wars” by R D Crosby.

While Hongi Hika was not allowed to purchase muskets while in England he did a secret deal with Frenchman, Baron Charles de Thierry by trading 40,000 acres of land in Northland for 500 muskets. He then had de Thierry ship these muskets to Australia under de Thierry’s name to be pick up later on his way back to New Zealand in 1820.

 

Mainly on the instructions of his blind wife, Hongi Hika and his Ngapuhi followers went on a very cowardly rampage south slaughtering thousands of unarmed men, women and children just for the fun of it and the feasts that followed. Only moving on to the next village to repeat this cowardly act when the stench of rotting bodies became unbearable. While Hongi Hika was doing this in the North Island, Te Rauparaha was doing the same in the South Island where many of the South Island chiefs that had been defeated travelled to New South Wales to sell their defeated lands. Virtually the whole of the South Island and large areas of the North Island, about 2/3 of New Zealand had been sold before the Treaty of Waitangi  was signed on the 6 February 1840.  At the time the Treaty was signed, tangata maori only “occupied” about 1/3 of New Zealand although most of this land was returned to tangata maori by the government after the Treaty had been signed without compensation to the purchasers.

 

By 1831 the Southern tribes were arming themselves for utu/revenge against Hongi Hika’s cowardly attacks before they had muskets. With Ngapuhi fearing these attacks, 13 Ngapuhi chiefs wrote to King William asking him to be their guardian and protector. See letter below.

Britain responded by sending James Busby as Resident to bring peace between the tribes and protect the people of England and their investments that were beginning to settle in New Zealand.  He also organised New Zealand first flag for New Zealand ships to sail under. Twenty five chiefs voted with 12 agreeing to a flag on the 20 March 1834, which had already been used by the Church Mission Society. See: https://nzhistory.govt.nz/culture/taming-the-frontier/first-flag

 

James Busby also drafted the Declaration of Independence in 1835 but was a complete failure as he could only attract 52 chiefs to sign it after three years of trying. The Declaration was to recognised tangata maori sovereignty over New Zealand and for the chiefs that signed it to meet annually to make laws, bring peace and to encourage trade, but the chiefs were more interested in continuing their fighting, as always and it was abandoned without one meeting taking place. Fifty two chiefs could hardly speak for the 100,000 tangata maori living in New Zealand at the time. The Declaration of Independence was a complete failure!

As tangata maori were not interested in forming their own government, Britain had to take a more active role in bringing peace between the tribes that were rapidly declining in numbers and to protect her people and their investments in New Zealand. After 3 years of debate, Britain reluctantly extended the boundaries of New South Wales to include all the island of New Zealand on the 15 June 1840 by the 1839 Charter/Letters Patent. Lt. Governor Hobson reading the two Proclamations in New Zealand on the 30 January 1840. While no mention of a Treaty was mentioned in any of these documents it did state, “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”. This could also have been achieved by the Law of Nations (1).  

 

Governor George Gipps had told Hobson, tangata maori had sold large areas of New Zealand to people from other lands with many of the Deeds of Sale still held in the New South Wales Supreme Court. It is estimated over 2/3 of New Zealand had been sold by the tangata maori chiefs before the Treaty of Waitangi was signed on the 6 February 1840. This is the reason for “all the people of New Zealand” being represented in Article 2 of the Treaty of Waitangi.

 

Britain could have taken control of New Zealand by the Law of Nations (1) as she had most other countries but the Clapham Sect (2), a very strong group of people had forced the British Parliament to ask tangata maori consent to give up the territories they still “occupied” by treaty. The instructions for the treaty being drafted by Sir James Stephens, the Undersecretary for the Colonies and a very strong supporter of the Clapham Sect (2).

 

If tangata maori wanted protection and “The same rights as the people of England” as British Subjects, then they must sign the Treaty of Waitangi and place their territories they still “occupied” under British Sovereignty. Over 500 chiefs signed the Treaty of Waitangi on behalf of their people and Britian declared sovereignty over New Zealand on the 21 May 1840.

 

The Charter/Letters Patent of 1839 was a temporary measure until Britain found out how many chiefs would agree to give up the territories they “occupied”.  Over 500 chiefs agreed on behalf of their tribes to give up their territories in favour of British sovereignty and became British Subjects, “With the same rights as the people of England”. Article 2, Treaty of Waitangi.

 

The Treaty of Waitangi was an agreement between Queen Victoria and tangata maori with instructions drafted by Sir James Stephens, Undersecretary for the Colony’s and a strong supporter of the Clapham Sect (2) in 1838 and before Britain had decided if or how to become further involved in New Zealand. It was decided tangata maori that gave up their territories to the Queen by treaty, would become British Subjects, “With the same rights as the people of England”. It is interesting to note that the notice that Britain had gained sovereignty over all the island of New Zealand was published in the London Gazette on the 2 October 1840 and one month later produced the beautifully prepared, written and presented Royal Charter/Letters Patent dated the 16 November 1840, our true Founding Document and first Constitution. This document must have been “sitting in the wings” until Britain received notification the Treaty was successful. It could not have gone through the British Parliament, been legally discussed and written within one month. See Royal Charter page 7.

 

Once Britain found out that the majority of chiefs had given up the territories they still “occupied” to Britain, Britain separated New Zealand from New South Wales by Royal Charter/Letters Patent dated the 16 November 1840 with New Zealand becoming an independent British Colony with its own Governor and Constitution to make laws with courts and judges to enforce those law, under one flag and one law, irrespective of race colour or creed. See:  http://www.austlii.edu.au/au/journals/AUJlLawSoc/1985/10.pdf

The National Government hides our true Constitutional Documents

 

On the 17 April 2017 the National Government hid our Constitutional documents in favour of the failed Declaration of Independence and the Treaty of Waitangi that had nothing to do with New Zealand coming under the laws and dependency of New South Wales on the 25 June 1839 or a British Colony on the 3 May 1841.

 

While previous Governments have ignored the Royal Charter/Letters Patents of 1839 and 1840, our true Founding Documents and first Constitution that made New Zealand into British Colony, the National Government dismantled the Constitution Room on the 17 April 2017 that held our Constitutional Documents and has placed them in New Zealand Archives Repository among the 6 million other documents where they will soon be forgotten and lost for ever. All this to appease the Maori Party at the expense of all the people of New Zealand. How corrupt is that!

 

The government has built the $7.2 million He Tohu exhibit at the National Library, Wellington with taxpayer’s money to house the Declaration of Independence and the Treaty of Waitangi which they call, “Our iconic Constitutional Documents”. This is a deliberate lie to elevate the Declaration of Independence and Treaty of Waitangi to something they were never intended to be. New Zealand was founded on four Constitutional Documents,

  1. The Royal Charter/Letters Patent of 1839.
  2. Governor Hobson’s two Proclamations on the 30 January 1840.
  3. The Royal Charter of 1840.  

 

Now that you know how New Zealand became a British Colony under one flag and one law that governments and our academics have continued to hide from you, it’s time to put pressure on the National Government to stop this corruption and display our true Founding Documents and first Constitution at the He Tohu exhibit at the National Library Wellington.

 

If the National Government will not agree to this, then we have no other option than to vote for a Political Party that will, therefore this question must be asked at the lead up to the upcoming elections, “Will you support placing our Constitutional Documents in the He Tohu exhibit at the National Library, Wellington and at Te Papa our National Museum?”

Below is documented evidence to support this article.

 

  1. 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.

 

  1. The Clapham Sect was a group of aristocratic evangelical Anglicans, prominent in England from about 1790 to 1845, who campaigned for the abolition of slavery, to protect indigenous peoples from colonial exploitation and to promote missionary work at home and abroad. The group centered on the church of John Venn, rector of Clapham in south London. 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 by Sir James Stephens, the Undersecretary for the Colonies and a very strong supporter and member of the Clapham Sect. Sir James Stephens had also drafted the “Slavery Abolition Act of 1833”.

Letter from 13 Ngapuhi chiefs asking King William for protection in 1831 New Zealand.
(Enclosure 2 in No.1.)                                                                                                                         From William Yate, Esq, Waimate, New Zealand,  to the Colonial Secretary, New South Wales, 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
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

 

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, but later delegated his powers to Lt Governor Hobson.

1839 Charter

The document 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 Minutes 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 Minutes 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.

There is no mention in any of these 4 Constitutional documents of a Treaty between Queen Victoria and tangata maori. Britain had extended the boundaries of New South Wales on the 15 June 1839, 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”, while the Treaty had little, if any part in New Zealand becoming a British Colony on 3 May 1841.

 

Below is Queen Victoria’s Royal Charter/Letters Patent dated the 16 November 1840.  The Constitution of the Colony of New Zealand into a separate colony on the 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.

Royal Charter of 1840

This is New Zealand true Founding Document and first Constitution.

 

The Constitution Reads:

constitution 1

constitution 2

constitution 3

constitution 4

proclamation1

proclamation2

The Question that must be asked; “Why have our academics not researched and published this vital documentation that established the Colony of New Zealand”?

 

Have they been paid by Government to ignore it or have they been too lazy to do their own researched and just followed those before them? Whichever way, they have a lot of explaining to do, they have destroyed New Zealand society as intended by our ancestors both tangata maori and Pakeha when they signed the Tiriti o Waitangi in 1840 with a hand shake and the words,

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

Prepared by the One New Zealand Foundation Inc. 29 July 2017. Copyright.

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




He Tohu – The Lie!


He Tohu

“He Tohu is a new permanent exhibition of 3 iconic constitutional documents that shaped Aotearoa New Zealand”, Archives New Zealand. This is a lie!

On the 17 April 2017 the Constitution Room at Archives New Zealand was dismantled and our historic documents separated with the Declaration of Independence, the Tiriti o Waitangi and the Women’s Suffrage Petition being moved under darkness to the new taxpayer funded $7.2 million He Tohu exhibit at the National Library, Wellington, while all our true Constitutional documents being filed away with over 6 million documents in Archive’s repository where the government hopes they will soon be forgotten and lost for ever.

The three documents moved to the He Tohu exhibit had nothing to do with, “Our constitutional documents that shape New Zealand”.  Absolutely nothing!

The Declaration of Independence was a failed attempt by James Busby to have  tangata maori sovereignty recognised over New Zealand and the Tiriti o Waitangi to cede to Britain the remaining territories “still occupied” by tangata maori. Documents held in the NSW Supreme Court show tangata maori had sold 2/3 of New Zealand before the Treaty was signed.

The Women’s Suffrage Petition was a milestone in women gaining the right to vote and deserves recognition, but it still had nothing to do with our Constitution or New Zealand becoming a British Colony under one flag and one law, irrespective of race, colour or creed. This was achieved by the Charters of 1839 and 1840 below.

Our true Founding Documents and first Constitution.

Constitution

 

Below are three letters, one from the Chief Archivist, Marilyn Little and the second from the Chief Archivist (Acting), Richard Foy and the reply from the One New Zealand Foundation Inc.

Archives 2 Archives 1

ONE NEW ZEALAND FOUNDATION INC.

PO Box 7113, Pioneer Hwy, Palmerston North. Email: ONZF@bigpond.com.au

 

15 June 2017.

 

Mr Richard Foy,

Chief Activist (Acting),

Archives New Zealand.

 

Att. Marilyn Little, Chief Activist, Archive New Zealand.

 

Dear Sir,

 

RE: Official Information Act Request.

 

Thank you for your letter attached dated the 15 June 2017.

 

Your reference to the attached letter I received from Marilyn Little, Chief Archivist dated the 2 June 2017 stated, “The closure of the Constitution Room, and subsequent removal of the documents within it, is authorised by Cabinet Minute CAB Min (12) 14/11 dated the 30 April 2012. It agrees to the proposal to move the Constitution Room from the Archives New Zealand building to the refurnished National Library building”. 

 

While the Constitution Room was to be dismantled, there is no mention in the Cabinet Minute that the documents it held would be separated and the refurnished library building renamed, He Tohu. The documents moved to this new He Tohu exhibit have nothing to do with our Constitution, the first of which was issued by Queen Victoria on the 16 November 1840 that set up our political, legal and justice systems under one flag and one law, irrespective of race colour or creed. Therefore, Marilyn Little’s letter of the 2 June 2017 does not answer the ONZF’s Official Information Act request. See attached disc title supplied by the Chief Archivist, Archives New Zealand.

 

The information below on the Declaration of Independence, the Treaty of Waitangi, the Charter of 1839 and the Charter of 1840 are all taken from the documents held at Archives New Zealand, which I am sure you as Chief Activist (Acting) and Marilyn Little as Chief Activist will be fully aware of our true history and the role each document played in New Zealand becoming a British Colony; a Nation in its own right under one flag and one law, irrespective of race, colour or creed.

 

Why was the Declaration of Independence moved to the He Tohu exhibit when it was only an unauthorised document written by James Busby that was a complete failure as he could only gather 52 signatures over 4 years?  This document was to recognise tangata maori sovereignty over New Zealand and the signatures to this document pledged to assemble annually to form laws for the promotion of peace, justice and trade, but the ever present inter-tribal tension and fighting took precedence over political co-operation, as always and it was abandoned without one meeting taking place. This document had nothing to do with our Constitution or New Zealand becoming a British Colony; a Nation under one flag and one law, irrespective of race, colour or creed.

 

While the Treaty of Waitangi ceded sovereignty over the territories of the tribes/chiefs that signed the Treaty of Waitangi in 1840, it had nothing to do with our Constitution or New Zealand being placed under the laws and dependency of New South Wales as this was achieved by the Charter of 1839 on the 14 January 1840, 4 months before Britain declared sovereignty over all the islands of New Zealand. Tangata maori had sold over 2/3 of New Zealand before the treaty was signed with many Deeds of Sale still held in the New South Wales Supreme Court.  Most of this land was returned to the tangata maori after the treaty was signed, but at the time the treaty was signed, these were acknowledged as “legal” sales by the Governor of New Zealand at the time, Sir George Gipps, the reason that, “all the people of New Zealand” were referred to in Article 2 of the Tiriti o Waitangi.

 

Some say the Treaty of Waitangi was a, “Partnership between Maori and the Crown” but there is no documentation to say tangata maori would be in partnership with the Crown and Britain. The most powerful Nation at the time, would never have formed a partnership with a scattered group of primitive people without out any form of unity, constantly at war with each and still practicing cannibalism.  Britain did give tangata maori the same rights as the people of England and were treated as British Subjects under one flag and one law.

 

It must also be remembered neither of these documents were issued by, “Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland, Defender of the Faith”, underThe Great Seal of the United Kingdom and Ireland. The Declaration of Independence was an unauthorised document drafted by James Busby and the Treaty of Waitangi instructions were drafted by the Under Secretary for the Colonies, Sir James Stevens who was a very strong support of the Clapham Sect.

 

The Clapham Sect was a group of aristocratic evangelical Anglicans, prominent in England from about 1790 to 1845, who campaigned for the abolition of slavery, to protect indigenous peoples from colonial exploitation and to promote missionary work at home and abroad. The group centered on the church of John Venn, rector of Clapham in south London.

 

The 1839 Charter declared British sovereignty over New Zealand by the Proclamation read by Lt. Governor Hobson in New Zealand on the 14 January 1840.  The Treaty was only to cede the territories still “occupied/owned” by the tangata maori to Britain, although no instruction were given under “The Great Seal of the United Kingdom or Ireland on how this would be achieved in the 1839 Charter. These instructions drafted by Sir James Stephens were given to Captain Hobson by Lord Normanby, Secretary of State for the Colonies before Captain Hobson sailed for Australia and New Zealand on the 25 August 1839.

 

Lt. Governor Hobson drafted the Treaty of Waitangi on the 4 February 1840, read the final English draft and its translation, the Tiriti o Waitangi to the gathering at Waitangi for the first time on the 5 February 1840 and signing of the Tiriti o Waitangi began on the 6 February 1840. Even before the Tiriti was signed on the 6 February, Britain had extended the boundaries of New South Wales on the 14 January 1840 to include all the islands of New Zealand. If tangata maori had not ceded their territories to Britain, Britain could still have claimed sovereignty under, The Law of Nations to protect her people and their property now living in New Zealand.

 

At the time, 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 Captain 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 and by James Busby’s failed Declaration of Independence, not interested in claiming sovereignty for themselves.

 

While the Declaration of Independence and the Treaty of Waitangi are part of our history, they had nothing to do with our Constitution or New Zealand coming under the laws and dependency of New South Wales on the 14 January 1840 or an Independent British Colony, a Nation on the 3 May 1841 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, irrespective of race, colour or creed.

 

The documents that place New Zealand under the laws and dependency of New South Wales on the 14 January 1840 and made New Zealand into an Independent British Colony; a Nation on the 3 May 1841 with its own Governor and Constitution to form a government were the Charters of 1839 and 1840 issued by, “Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland, Defender of the Faith” under “The Great Seal of the United Kingdom and Ireland”, but then I am sure holding the positions you and Marilyn Little hold at Archives New Zealand, you would both know this only too well.

 

Richard, the Charters of 1839 and 1840 made New Zealand into an independent British Colony; a Nation in its own right and both these documents that were held in trust by Archives New Zealand in the Constitution Room at Archives New Zealand on behalf of the people of New Zealand must also be moved to the refurnished building at the National Library as instructed by Cabinet Minute, CAB Min (12) 14/11 dated the 30 April 2012.

 

Under the Official Information Act,

 

  1. Why are the Charters of 1839 and 1840 not in a refurnished building at the National Library, Wellington as instructed by Cabinet Minute CAB Min (12) 14/11 dated the 30 April 2012?

 

  1. On whose authority was the He Tohuexhibit build and only the Declaration of Independence, Treaty of Waitangi and the Women’s Suffrage Petition placed in this exhibit when no mention of this was made in the Cabinet Minute CAB Min (12) 14/11 dated the 30 April 2012

 

Who gave the authority to place our Constitutional documents, previously held in trust in the Constitution Room at Archives New Zealand with the other 6 million documents in Archive New Zealand’s repository where they will soon be lost and forgotten for ever when no mention of this was made in the Cabinet Minute CAB Min (12) 14/11 dated the 30 April 2012

DVDYours sincerely,

 

 

Ross Baker.

 

Researcher, One New Zealand Foundation Inc.

 

  1. Other interested Parties.

 

Email: ONZF@bigpond.com.au

 

For further information: www.onenzfoundation.co.nz




The Clapham Sect and the Treaty


Part 3 of 3 of “Creating the Colony of New Zealand” by the ONZF.

This is another vital part of our history that governments have completely ignored. The people of New Zealand have a right to know why the Treaty of Waitangi was drafted, by whom and whether it deserves the recognition it is given as our “Founding Document”. 

WILLIAM_WILBERFORCE_AND_THE_CLAPHAM_SECT_WORSHIPPED_IN_THIS_CHURCH._THEIR_CAMPAIGNING_RESULTED_IN_THE_ABOLITION_OF_SLAVERY_IN_BRITISH_DOMINIONS_18331The Clapham Sect was a group of aristocratic evangelical Anglicans, prominent in England from about 1790 to 1845, who campaigned for the abolition of slavery, to protect indigenous peoples from colonial exploitation and to promote missionary work at home and abroad. The group centered on the church of John Venn, rector of Clapham in south London.

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.

The instructions given to Captain Hobson by Lord Normanby before he left New Zealand on the 25 August 1839 was drafted by Sir James Stephens, the Undersecretary for the Colonies and a very strong supporter and member of the Clapham Sect. Stephens had also drafted the “Slavery Abolition Act of 1833”.

From the time the 13 Ngapuhi chiefs asked King William IV to be their guardian and protector in 1831, the British Parliament had discussed ways to became involved in New Zealand but as Britain had other problems in its own country at the time, they were reluctant to become involved. In 1833 they sent a Resident, James Busby to stop the intertribal fighting that had destroyed half their population since 1820, but without forces it was soon found that Britain would have to take a more active role if the tangata maori were to survive. It was decided in 1837, the best way to take a more active role would be to extend the boundaries of New South Wales to include all the islands of New Zealand.

contentAt the time, 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 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. It was not realized at the time the people inhabiting New Zealand were not the indigenous people of New Zealand but a race/group of people that had arrived in New Zealand in the 14 century to find it already inhabited by another race/group of people called, tangata whenua or the indigenous people of New Zealand who were mostly driven in to the hills where they disappeared for good.

When Sir James Stephens learnt that Parliament was planning to extend the boundaries of New South Wales to include New Zealand, he drafted instructions for a treaty between the inhabitants of New Zealand and Queen Victoria in 1838, which was accepted by Lord Normanby, the Secretary of State for the Colonies.

This was the first time Britain had a treaty between the people of a country it was about to become involved, but the 1839 Charter included a clause stating, “All the territories acquired in Sovereignty by Treaty within that group of Islands in the Pacific Ocean commonly called New Zealand”,  to satisfy the Clapham Sect.

While letters patent were issued under the Great Seal of the United Kingdom on the 15th June 1839 to extend the boundaries of New South Wales to include New Zealand there were no instructions issued by the British Parliament for the Treaty of Waitangi. By the Law of Nations, Britain had already gained sovereignty over all the islands of New Zealand when Captain Cook set foot in New Zealand in 1769, plus many New South Wales Acts that included New Zealand before the Treaty was signed. Over 2/3 of New Zealand had also been sold by the chiefs, some even travelling to New South Wales to sell their land with many of these pre-Treaty Deeds of Sale still sitting in the New South Wales Supreme Court. By 1840, many farms, townships and settlements had been established by the New Zealand Company in the lower North Island by British immigrants, colonisation was well underway by 1840. There was talk of forming republics if Britain did not become involved.

The Treaty was not a Charter issued by “Victoria by the Grace of God” or letters patent issued under the Great Seal of the United Kingdom, it was a very simple document that had been drafted to satisfy the Clapham Sect. Lt. Governor Hobson had been given instructions by Lord Normanby drafted by Sir James Stephens, a member of the Clapham Sect on drafting a treaty to obtain as many territories from the chiefs as possible, “but without force”, and that is exactly what Lt. Governor Hobson achieved, sovereignty over all the Islands of New Zealand on the 21 May 1840 for the boundaries of New South Wales to be extended to include all the islands of New Zealand, which was accepted by all other Nations.

Another reason a treaty was entered into, the instructions given to Hobson stated,, “I have already stated that we acknowledge New Zealand as a sovereign and independent state so far as at least possible to make that acknowledgement in favour of a people composed of numerous dispersed petty tribes, who possess few political relations as to each other, and are incompetent to act or even deliberate in concert”. The Law of Nations recognized no other mode of assuming dominion in a country, of which the inhabitants are ignorant of the meaning of sovereignty.

Stephen also wrote, “Sovereignty of New Zealand had been recognized by the British Government”. The British Government believed sovereignty had been claimed by the tangata maori by James Busby’s Declaration of Independence but it had been a complete failure. The signatures to this Declaration pledged to assemble annually to form laws for the promotion of peace, justice and trade, but the ever present intertribal tension and fighting took precedence over political co-operation, as always, and it was abandoned within 12 months without one meeting taking place. As only 52 northern chiefs had signed the Declaration, there is no way they could have claimed sovereignty over all the islands of New Zealand, the Declaration was a complete failure in recognizing tangata maori sovereignty.

By 1840, 2/3 of New Zealand had been  sold to people from other lands and  tangata maori were only minor land owners, therefore could hardly claim sovereignty over all the islands of New Zealand.

Without the Clapham Sect taking an interest in New Zealand, it is unlikely there would have been a treaty between tangata maori and Queen Victoria. No other country Britain had declared sovereignty had the inhabitants been given, “the same rights as the people of England” or after the treaty had been signed, had the land they wanted to sell given titles then purchased by the Crown, in some cases, many times over. Even the 2/3 of land that had been sold by the chiefs before the treaty was signed, in most was returned without compensation and repurchased by the Crown at a later date once the true owners were known and titles issued.

So the question must be asked, Was the Treaty of Waitangi, “a legal necessity” or just a document without any real authority to satisfy the Clapham Sect”?  If the Clapham Sect had not become involved in a treaty between the tangata maori and Queen Victoria, Britain could have “legally” ceded New Zealand under the Law of Nations as it had with all the other countries it had declared sovereignty.

There is no mention of the Treaty of Waitangi in Queen Victoria’s Royal Charter/Letters Patent of 1840. After the treaty had served its purpose on the 21 May 1840 and Britain had declared sovereignty over all the islands of New Zealand, the treaty was filed away by the British Government; tangata maori had become British Subjects, therefore, “Given the same rights as the people of England”. There was no mention of a, “Partnership between tangata maori and the Crown” in the Treaty of Waitangi or Queen Victoria’s Royal Charter of 1840 because,British Subjects cannot be in Partnership with the Monarchy”!

Did Britain need to claim sovereignty by treaty? There is no doubt Britain had gained sovereignty over all the islands of New Zealand by the Laws of Nations long before the Declaration of Independence, the Clapham Sect became involved or the Treaty of Waitangi was drafted and signed. The Treaty of Waitangi was a document drafted by Sir James Stephens to satisfy his members of the Clapham Sect and while it was not required to claim sovereignty over all the islands of New Zealand, it certainly did as confirmed by Queen Victoria’s Royal Charter of 1840 that made New Zealand into British Colony on the 3 May 1841.

There are only two Letters Patent issued by the Great Seal of the United Kingdom that made New Zealand into a British Colony.

  1. The Charter of 1839 that extended the boundaries of New South Wales to include all the islands of New Zealand.
  2. Queen Victoria’s Royal Charter/Letters Patent that separated New Zealand from New South Wales and made New Zealand into an independent British Colony.

Queen Victoria’s Royal Charter/ Letters Patent dated the 16 February 1840 being the document that founded New Zealand as a British Colony on the 3 May 1841 under one flag and law, irrespective of race colour or creed, our true Founding Document and first Constitution and the day we all must celebrate as our Independence Day!

This document is Part 3 of; “Creating the Colony of New Zealand” by the ONZF. 25/5/17 (C).

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