Treaty of Waitangi, R.I.P.!
The Treaty of Waitangi – 21 May 1840 – 3 May 1841
For far too long our governments, legislators and historians have been using the Treaty of Waitangi as our founding document that set up our judicial and political systems in New Zealand but the Treaty had nothing to do with our judicial or political systems within New Zealand, absolutely nothing!
The Treaty of Waitangi only gave sovereignty of New Zealand to Britain and tangata Maori the same rights as the people of England under the dependency and laws of New South Wales. No more – no less!
The 500 plus chiefs that signed the Tiriti o Waitangi in 1840 signed as “tangata Maori” and not tangata whenua as they knew they were NOT the tangata whenua or indigenous people of New Zealand. Check out the Tiriti o Waitangi.
Queen Victoria or Lt. Governor Hobson did not have the power or authority to give tangata Maori any special rights or privileges in the Treaty not enjoyed by all the people of New Zealand and none were given.
By the 21 May 1840 the Treaty had served its purpose and was filed away where it should have remained; Britain had declared sovereignty over all the Islands of New Zealand which has been acknowledged internationally ever since.
From 21 May 1840 when Great Britain declared sovereignty over all the Islands of New Zealand until the 3 May 1841 (12 months) New Zealand was under the dependency and laws of New South Wales.
In 1947 New Zealand adopted the Statute of Westminster, which gave New Zealand complete control over its domestic and foreign affairs. All the people of New Zealand became New Zealand Citizens under one flag and one law.
The Treaty of Waitangi had nothing to do with the laws in New Zealand. After the 3 May 1841 all the laws of New Zealand were made and enforced by the New Zealand Government, therefore any claims by Maori against the Crown can only be breaches of the laws of New Zealand and NOT the Treaty of Waitangi as the Treaty made no laws, except to cede sovereignty of New Zealand to Britain and to give tangata Maori the same rights as the people of England. No more, no less
Until we force our governments, legislators and historians to recognise Queen Victoria’s Royal Charter/Letters Patent as our Founding Document and first Constitution, Maori will continue to claim under the Treaty of Waitangi when the Treaty of Waitangi was not mentioned in the Royal Charter, the Constitution or the setting up of our judicial and political systems in 1841.
The Treaty of Waitangi had served its purpose by 21 May 1840 and was filed away where it should have remained, but has been continually altered and used by governments, our legislators, historians and Maori to deprive the people of New Zealand of their rights under Queen Victoria’s Royal Charter/Letters Patent and the Statute of Westminster.
Maori have no rights to our water, air, sea-beds, foreshore or any other natural resources, they belong to all the people of New Zealand, irrespective of race, colour or creed., “By the law of nature these things are common to mankind –the air, running water, the sea and consequently the shores of the sea”, The Law of Nature by the Institute of Justinian 500 AD and was incorporated into New Zealand’s Laws by Queen Victoria’s Royal Charter/Letters Patent dated the 16 November 1840, our true Founding Document and first Constitution.
As Sir Apirana Ngata, Minister of Native Affairs stated in 1923 in his book, The Treaty of Waitangi – An Explanation, “If you think these things are wrong, then blame your ancestors who gave away their rights when they were strong”.
For further information, check out, www.onenzfoundation.co.nz/RoyalCharter.
By Ross Baker, Researcher One New Zealand Foundation Inc. 29/5/16. (C).