I cannot believe how so many intelligent men and women, many having spent years at University still think the Treaty of Waitangi is a living document, our Founding Document and a “Partnership between Maori and the Crown”. These people must have been brain-washed by their University Professors, then too brain-dead afterwards to do their own research.
Many of these people do not know the instructions for the Treaty of Waitangi were written by the Undersecretary for Colonies, James Stephens in 1838, who was a strong supporter of the Clapham Sect, a group of prominent people in England campaigning for the protection of people in countries Britain was colonising in the 18thcentury.
This document drafted by Stephens to satisfy the Clapham Sect was never intended to be a document to cede sovereignty of New Zealand to Britain or to form a “Partnership between tangata Maori and the Crown”. It was not authorised by, “Victoria by the Grace of God” under, “The Great Seal of the United Kingdom of Great Britain and Ireland” as were the Royal Charters/Letters Patent of 1839 and 1840, our true Founding Documents and first Constitution.
This document was then amended by the Secretary for Colonies, Lord Normandy, before giving it to Captain Hobson with this contradictory statement, “We acknowledge New Zealand as a sovereign and independent State, so far at least as it is possible to make such acknowledgment in favour of a people composed of numerous, dispersed, and petty tribes, who possess few political relations to each other, and are incompetent to act, or even to deliberate in concert”. It is obvious from this contradictory statement Lord Normanby had no idea whether tangata Maori had sovereignty over New Zealand or not.
British Resident James Busby had tried in 1835 to have tangata Maori recognise sovereignty over New Zealand by the Declaration of Independence and to meet annually to make laws for peace and trade, but because tangata Maori were more interested in fighting each other than political co-operation, it was a complete failure and was abandoned with only 35 signatures.
In 1877 Chief Justice Prendergast responded to Lord Normanby’s statement by insisting that Lord Normanby had simply contradicted himself by stating. “So far indeed as that instrument (The Treaty of Waitangi)purported to cede the sovereignty it must be regarded as a ‘simple nullity’.No political body existed capable of making cession of sovereignty”. Chief Justice Prendergast ruled in 1877, “The Treaty of Waitangi was a simple nullity”, which has never been overruled by our courts, a fact admitted by the Ministry of Justice under the OIA.
In 1941 the Privy Council ruled, “That if it was not in legislation, then the Treaty of Waitangi was not legally binding”. The Treaty of Waitangi is not in our legislation, therefore, is not legally binding but is used by the Waitangi Tribunal when settling claims.
Britain gained sovereignty over all the islands of New Zealand under the Law of Nationsby Queen Victoria’s Royal Charter/Letters Patent dated the 30 July 1839 and New Zealand came under the laws and dependency of New South Wales on the 30 January 1840 when the Royal Charter/Letters Patent was ratified by Lt. Governor Hobson after he had read the two Proclamations at Kororāreka/Russell, seven days before the first signature appeared on the Tiriti o Waitangi.
The 1840 Tiriti o Waitangi made tangata Maori British Subjects with the same rights as the people of England if they gave up their individual governments/kawanatanga to the Queen.No more – no less!
The Treaty of Waitangi did not cede sovereignty from tangata Maori as tangata Maori did not have sovereignty over New Zealand to cede. It also did not give tangata Maori a “Partnership between Maori and the Crown” as English law does not allow a British Subject to be in “Partnership with the Crown”. Surely, our academics know this, they cannot be that stupid!
Over 500 chiefs, when they signed the Tiriti o Waitangi in 1840, acknowledged they were tangata Maori and not tangata Whenua or the Indigenous People of New Zealand, but many academics seemed to have never read the Tiriti o Waitangi
One year later, Queen Victoria’s Royal Charter/Letters Patent dated the 16 November 1840 made New Zealand into a British Colony on the 3 May 1841 with its own governor, Governor Hobson, and a Constitution to set up New Zealand’s political, legal and justice system under one flag and one law, irrespective of race, colour or creed.
Once the One New Zealand Foundation Inc. brought the Royal Charters/Letters Patent to the public’s attention in 2014, the academics quickly dismantled the Constitution Room at Archive New Zealand in 2017 and filed the two Royal Charters amongst the other 6 million documents in Archives Repository, while the Declaration of Independence and Treaty of Waitangi were moved to the new $7.2 million He Tohu Exhibitat the National Library Wellington as, “Iconic constitutional documents that shaped Aotearoa New Zealand”. How corrupt was that, the two Royal Charters/Letters Patent, our true Founding Documents and first Constitution belong to all the people of New Zealand and must always be available to the public. Where are the honest academics, surely there must be one or two around to put the record straight or are they too afraid to go against their colleagues or their University Professors?
Sir Geoffrey Palmer, who was in-charge of the Treaty of Waitangi reforms in the 1980’s when Attorney General is now trying to have the Treaty of Waitangi part of our Constitution to make all his reforms legal. If only he had listened to Chief Justice Prendergast and the Privy Council, we would not be in the mess we are in today, Palmer even admitting, “I was utterly opposed to the Privy Council having anything to say at all about what the Treaty meant in New Zealand“. Mr Palmer, the Law Lords at the Privy Council had ruled in1941, “That if it was not in legislation, then the Treaty of Waitangi was not legally binding”!
The Professors at Universities teaching Maori history are either too lazy to do their own research or what they are to gain from teaching their students this corrupt history.
But would our academics admit they were wrong – this is the problem. Unfortunately, most of these people have been told what to do, what to think and what to say from cradle to the grave and are too afraid to step outside the square and contradict what their Professors taught them at University. How would they get letters after their names if they did not agree with what they had been taught by their brainwashed/corrupt Professors?
I am not an academic and I don’t believe anyone when it comes to our history, but I have spent 45 years doing my own research and have found the academics’ lack of doing their own research by looking outside the square, is the problem. They must teach what they have been told by their Professors to be able to add letters after their name and the pay packets that go with it with no thought of the harm they are doing to New Zealand and its people by distorting and/or hiding our history in Archives Repository. Future researchers must now order these documents to research, that is, if they know they exists, but it’s hardly likely their Professors will tell them and show how corrupt our Universities have become.
If you have not done your own research and have your own evidence to back it up, then don’t try to brainwash others with your unsubstantiated “rubbish”. This is treason, but the academics had the death penalty for treason removed from our legislation. I wonder why?
Ross Baker, Researcher, One New Zealand Foundation Inc. Copyright 18/7/2018.
For further information, click onto: www.onenzfoundation.co.nz.