As Maori are Not the Indigenous People of New Zealand, UNDRIP Does Not Apply to Them!

 

As Maori are Not the Indigenous People of New Zealand, UNDRIP Does Not Apply to Them!

Published 10/11/2021 | By admin

As Maori are Not the Indigenous People of New Zealand, UNDRIP Does Not Apply to Them!

The New Zealand Government does not have a definition of, “The Indigenous people of New Zealand”.

Maori are Not the Indigenous People of New Zealand.

There is absolutely no evidence that Maori are the indigenous people of New Zealand in either Maori oral history or forensic evidence.  Maori arrived in New Zealand by canoe to find New Zealand already inhabited by the tangata whenua or the indigenous people of New Zealand, a fact stated by Dr Ranganui Walker in the 1986 New Zealand Yearbook, page 18, when Head of Maori Studies at the Auckland University, “The traditions are quite clear on one point, whenever crew disembarked there were already tangata whenua (prior inhabitants) living in New Zealand”.

This was endorsed by Ngapuhi Leader David Rankin when he stated in the Northern Advocate on the 27 December 2012, “If we believe our histories, then we as Maori are not the indigenous people of New Zealand. He pointed to numerous Maori oral histories which referred to people being here when the first Maori arrived, including fair-skinned people”.

He said, “Details of much of the country’s past was being concealed by academic historians. They are worried that their own research will be exposed so they have worked hard to ridicule and suppress any Maori history which disagrees with their views”.

“However, the tide is turning, and more people are now seeing that there is a whole history of our country that has been concealed and which will have major implications for Treaty settlements for example.”

Tangata Maori Way of Life Long Gone.

When Captain Cook “discovered” New Zealand, there were people living in New Zealand who were later called the “tangata Maori”, but since then, they have continued to intermarry of their own free will with other races, mainly the British, until today, most can only claim a minute trace of tangata Maori ancestry. Today, Maori work, live and play, the same as all other New Zealanders, their tangata Maori ancestor’s way of life has long gone. 

The Signing of UNDRIP by Prime Minister, Hon John Key.

In 2007 Prime Minister, Hon Helen Clark had asked the Crown Law Office for advice on whether the New Zealand Government should sign the United Nations Declaration on the Rights of Indigenous People and they advised her, “Not to sign it” because it contradicted the Treaty of Waitangi and our Constitution of one flag and one law, irrespective of race, colour, or creed, therefore, Prime Minister, Hon Helen Clark, “Did not sign it”!

On the 19 April 2010, Prime Minister, Hon John Key sent the Minister of Maori Affairs, Hon Pita Sharples to New York to sign the United Nations Declaration on the Rights of Indigenous People without asking the Crown Law Office for advice, a definition of who were the indigenous people of New Zealand, or had discussed it with Cabinet, but went ahead and did it on his own.  See attached letters below obtained under the Official Information Act 1982 from Crown Law.                    

What any man, whoever he may be, orders on his own, is not law”. Jean-Jacques Rousseau, Book 11, Chapter 1. Treatise of Social Contract, 1863. 

Even when Hon Pita Sharples signed the Declaration he could not say, “Maori are the indigenous people of New Zealand”, he could only say, “Maori hold a distinct and special status as the indigenous people, or tangata whenua, of New Zealand”. See page 7.

 

But on the 21 October 2021, Kim Laurenson, Crown Counsel, Crown Law Office stated, “There is no statutory definition of the indigenous people”, therefore, Hon Pita Sharples misled the United Nations when he stated, “Maori hold a distinct and special status as the indigenous people, or tangata whenua, of New Zealand”. See letter below from Kim Laurenson, Crown Law Office dated 21 October 2021.

Tangata Maori Become British Subjects.

Queen Victoria’s Royal Charter Letter Patent dated the 30 July 1839 placed New Zealand under the jurisdiction of New South Wales and over 500 tangata Maori chiefs signed the Treaty of Waitangi on behalf of their people. They agreed to give up their individual governments and in return, would become British Subjects with the same rights as the people of England, under one flag and one law. Tangata Maori did not have a united government, they consisted of hundreds of small tribes continuously at war with each other, therefore, could not claim sovereignty over New Zealand. See page 15.

New Zealand Becomes a British Colony by Royal Charter.

By the end of 1840, tangata Maori had given up their governments to Queen Victoria and had become British Subjects, therefore, Britain could now separate New Zealand from New South Wales and make New Zealand into British Colony under one flag and one law, irrespective of race, colour, or creed.  The Treaty of Waitangi was then filed away as it had achieved its purpose when New Zealand was under the jurisdiction of New South Wales.

Maori had become British Subjects with the same rights as the people of England.

Queen Victoria’s Royal Charter/Letters Patent. Our true Founding Document and first Constitution.

New Zealand became a British Colony by Royal Charter/Letter Patent dated the 16 November 1840 issued by “Victoria by the Grace of God” under, “The Great Seal of the United Kingdom of Great Britain and Ireland”. See page 17.       

It consisted of a Constitution for Erecting the Colony of New Zealand, and for Creating and Establishing a Legislative Council and an Executive Council, and for Granting Certain Powers and Authority to the Governor of the Time being of the said Colony”. See page, 18.

The First Sitting of the Legislative Council of New Zealand was held on the 24 May 1841. See page 22. 

The Royal Charter did not give tangata Maori any special rights, advantage, or privilege over any other British Subject. Tangata Maori were given the same rights as the people of England. Article 3, Tiriti o Waitangi, “The Queen of England will protect all the tangata Maori of New Zealand. All the rights will be given to them, the same as her doings to the people of England”.

He Puapua contradicts the Treaty of Waitangi and our Constitution. 

“He Puapua” is a report commissioned in 2019 by the New Zealand Government to inquire into and report on appropriate measures to achieve the goals set out by the United Nations Declaration on the Rights of Indigenous Peoples.

As can be seen from the above, the United Nations Declaration on the Rights of Indigenous People does not apply to Maori for the following reasons,

1. Government does not have a definition of the Indigenous People of New Zealand.
2. Government does not have forensic evidence of who are the Indigenous People of New Zealand.
3. Prime Minister, Hon Helen Clark had been advised by the Crown Law Office in 2007, “Not to sign UNDRIP”, as it contradicted the Treaty of Waitangi and our Constitution.
4. Prime Minister, Hon John Key did not have legal advice from the Crown Law Office before he allowed the Minister of Maori Affairs, Hon Pita Sharple to sign UNDRIP in 2010.
5. Hon Pita Sharples misled the United Nations stating, “Maori held a special status as the tangata whenua or indigenous people of New Zealand”.  See letter from Kim Laurenson, Crown Law 21 October 2021, stating, “There is no statutory definition of indigenous people”. 

Both UNDRIP and He Puapua must be Declared, “Null and Void”.

From the above, both UNDRIP and He Puapua must be declared “Null and Void”. The New Zealand Government does not have a definition of the Indigenous People of New Zealand. Prime Minster, Hon John Key over-ruled the advice from the Crown Law Office and allowed the Hon Pita Sharples to sign UNDRIP in 2010. Hon Pita Sharples then lied to United Nations, Maori were the tangata whenua, or indigenous people of New Zealand. They are Not!

  

Conclusion.

For Government to allow He Puapua to proceed, it had to dismantle the Constitution Room at Archives New Zealand in 2017 and hide our true Founding Document and first Constitution; Queen Victoria’s 1840 Royal Charter/Letters Patent. The Government then spent $7.2 million of taxpayer’s money to refurbish Wellington’s National Library with the He Tohu Exhibition to brainwash the people of New Zealand, stating, “The Treaty of Waitangi was an iconic constitutional document that shaped Aotearoa New Zealand”.

The Treaty of Waitangi was only signed between the tangata Maori and Queen Victoria when Zealand was under the jurisdiction of New South Wales, therefore, is not a New Zealand, “Iconic constitutional document”!

Government does not have a definition of the tangata whenua or indigenous people of New Zealand, therefore, UNDRIP cannot apply to Maori as they are not the tangata whenua or indigenous people of New Zealand. 

Prime Minister, Hon John Key did not have legal advice from the Crown Law Office before he allowed Hon Pita Sharple to sign UNDRIP on the 19 April 2010. In fact, he went against the advice given by the Crown Law Office to Prime Minister, Hon Helen Clark in 2007. 

Hon Pita Sharples misled the United Nations when he stated, “Maori held a special status as the tangata whenua or indigenous people of New Zealand”.  They do not! 

An Inquiry Must be Held.

Until Government holds a “Full Public Inquiry” into who are the tangata whenua or indigenous people of New Zealand, He Puapua and Three Waters must not proceed. 

They both completely contradict the Treaty of Waitangi and our Constitution that New Zealand has operated under for the last 181 years of one flag and one law, irrespective of race, colour or creed!  He iwi tahi tatou – We are now one people – New Zealanders.

Prepared by the One New Zealand Foundation from letters and information obtained under the Official Information Act 1982 and documents held in New Zealand, Australian and American Archives as well as the British Parliamentary Papers. 

Prepared by: Ross Baker, Researcher, One New Zealand Foundation Inc.. Est: 1988.

Website: www.onenzfoundation.co.nz. Email: ONZF@bigpond.com.au  (7/11/21). Copyright.     

NOTE

See documented evidence below obtained under the Official Information Act 1982, New Zealand, Australian and American Archives as well as the British Parliamentary Papers.

For further information, please do not hesitate to contact Ross Baker, Researcher, One New Zealand Foundation Inc. on ONZF@bigpond.com.au.  

To become a member of the One New Zealand Foundation Inc. Please fill in the form below.

 

As can be seen from the date on this letter, 12 May 1995, Government has been allowing Maori special rights, privileges and advantages without a definition of who are these people.  

With the continuing intermarriage between Maori and other race of their own free will, mainly the British, most Maori today can only claim a minute trace of Maori ancestry, therefore, should not be given special rights, privileges or advantages over their fellow New Zealand Citizens.  Today, Maori work, live and play, the same as all other New Zealanders, their tangata Maori ancestor’s way of life has long gone.    

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Queen Victoria’s 1839 Royal Charters/Letters Patent

Below is the ‘Charter/Letters Patent’ appointing William Hobson as Lieutenant Governor of New Zealand and extending the boundaries of New South Wales to include all the islands of New Zealand in 1839. Sir George Gipps, Governor of New South Wales was in fact the first Governor of New Zealand with Captain William Hobson as his Lieutenant.            

1839 Charter/Letters Patent for New Zealand and New South Wales.

The Royal Charter/Letters Patent reads,

Victoria R

Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith – To Our Trusty and Well beloved, William Hobson Esquire, Captain of the Royal Navy Greeting. Whereas We did by certain Letters Patent under the Great Seal of Our United Kingdom of Great Britain and Ireland bearing date at Westminster the 5th day of October 1837 in the First year of Our Reign constitute and appoint Our Trusty and Well beloved, Sir George Gipps, Knight, to be Our Captain General and Governor in Chief in and over Our Territory of New South Wales, comprised within the limits therein mentioned. And Whereas We did by certain other Letters Patent under the Great Seal of Our said United Kingdom, bearing date at Westminster the 15th day of June 1839 in the Third Year of Our Reign revoke so much of the said first recited Letters Patent as describes the limits of Our said Territory of New South Wales, and did further extend the limits of Our said Territory of New South Wales (subject to such exception as is therein particularly made of certain Territories now forming the Province of South Australia) from the Northern Cape or extremity of the Coast called Cape York in the latitude of 10 Degrees 37 Minutes South to the Southern extremity of the said Territory of New South Wales or Wilson’s promontory in the latitude of 39 Degrees 12 Minutes South and of all of the Country inland to the Westward as far as the 129th Degree of East longitude reckoning for the Meridian of Greenwich including all the Islands adjacent in the Pacific Ocean within the latitude aforesaid of 10 Degrees 37 Minutes South and 39 Degrees 12 Minutes South, and also including Norfolk Island lying in or about the latitude of 29 Degrees 3 Minutes South and 168 Degrees of East Longitude from the said Meridian of Greenwich, and also including any Territory which is or maybe acquired in Sovereignty by Us Our Heirs or Successors within that group of Islands in the Pacific Ocean commonly called New Zealand, and lying in or about the latitude of 34 Degrees  30 Minutes North and 47 Degrees 10 Minutes South, and 166 Degrees 5 Minutes and 179 Degrees East longitude from the said Meridian of Greenwich. Now Know you that We reposing especial Trust and Confidence in the Prudence Courage and Loyalty of you the said William Hobson do by these Present constitute and appoint you to be Our Lieutenant Governor in and over that part of Our Territory so described as foresaid in Our said last recited Letters Patent which is or maybe acquired in Sovereignty by Us Our Heirs or Successors within that group of Islands in the Pacific Ocean commonly called New Zealand, lying in or about the latitude of 34 Degrees 30 Minutes North and 47 Degrees 10 Minutes South, and 166 Degrees 5 Minutes and 179 Degrees East longitude reckoning from the Meridian of Greenwich. To have hold exercise and enjoy the said Office of Lieutenant Governor during Our Pleasure: And We do hereby command that in the execution of such your Office you do obey all such lawful Instructions as may be from time to time addressed to you by Our Trusty and Well beloved Sir George Gipps, Our Captain General and Governor in Chief in and over Our Territory of New South Wales and its Dependencies or in the event of his death or absence from the limits of his Government and command by the Officer for the time being administering the Government of Our said Territory and its Dependencies. And Whereas it is necessary that provision be made for the execution of the Office of Our Lieutenant Governor of Our said Territories in New Zealand in the event of your Death or absence therefrom, We do therefore by these Presents authorise and empower the said Sir George Gipps or the Officer Administering the Government of Our said Territory of New South Wales and its Dependencies for the time being to nominate and appoint by an Instrument under the Public Seal of Our said Territory of New South Wales, such person as he may think fit to act provisionally as Our Lieutenant Governor of Our said Territories in New Zealand in the contingency of such your Death or absence therefrom, or until other or further provision shall be made by Us in that behalf. And We do hereby give and grant to the Officer so to be provisionally appointed as aforesaid, during the continuance of such his authority full power to hold exercise and enjoy the said Office of Our Lieutenant Governor of Our said Territories in New Zealand as fully and in every respect as effectually as the same as is hereby vested in you, or may be by virtue hereof be held, exercised or enjoyed by you – Given at Our Court at Buckingham Palace the 30th day of July 1839, in the Third Year of Our Reign.   By Her Majesty’s Command, Lord Normandy.

 

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

 

This is New Zealand true Founding Document and first Constitution.

 

 

“Charter of 1840. Constitution of the Colony of New Zealand into a separate colony, 16 November 1840”

Disc supplied by the Chief Archivist, Archives New Zealand.

 

Above is the Royal Charter/Letters Patent dated the 16 November 1840 issued by “Victoria by the Grace of God” under “The Great Seal of the United Kingdom of Great Britain and Ireland” that separated New Zealand from New South Wales and made New Zealand into a British colony with a Governor and Constitution that set up New Zealand’s political, legal and justice systems under one flag and one law irrespective of race, colour or creed. There is no mention of the Treaty of Waitangi in this Charter.

FIRST SITTING OF THE LEGISLATIVE COUNCIL OF NEW ZEALAND.

(From the New Zealand Government Gazette.)

His Excellency the Governor, according to notice, opened the first session of the legislative council of New Zealand on the 24th May 1841. Hon. W. Shortland, colonial secretary, Hon. Francis Fisher, attorney general, Hon. George Cooper, colonial treasurer, E. S. Halswell, Esq., one of the three senior justices, being present, received the oaths and took their seats in the legislative council accordingly. James Coates, Esq., was appointed clerk of the council, and took the oaths of office. His Excellency then delivered the following speech: — Gentlemen—I have availed myself of this early period to assemble the members of the legislative council for the purpose of bringing under consideration certain measures which the altered circumstances of the colony seem to me urgently to require. At this our first meeting I deem it proper to draw your attention, not only to the royal charter, but to the highly important instructions under the royal signet and sign manual which accompany it. The charter, as you are already aware, erects the islands of New Zealand and certain dependencies into a separate colony, under the superintendence of a governor and commander-in-chief. It constitutes a legislative council, who are empowered to enact laws and ordinances for the local government of the colony; it authorizes the establishment of courts of justice, and the issue of commissions of the peace; and, in fact, brings into complete operation British laws throughout the whole colony of New Zealand. The instructions under the royal signet and sign manual more particularly define the functions of the governor and council, and in a clear and conspicuous manner point out the duties of each. In order that you, gentlemen, may have an opportunity of acquainting yourselves with those particular duties, I have directed the instructions to be laid on the table, and kept open for your perusal in the council chamber. I regret that I cannot at the present meeting lay before you the estimates of the ensuing year, which, although in a forward state of preparation, are in- complete, owing to the non-arrival of directions from the lords of the treasury, of which I am advised, and which may be daily expected. I shall lay before you an ordinance for the present re-adoption of all such acts of New South Wales as were in force previous to our separation and are now applicable to this colony. It is not my intention, however, eventually to propose for your adoption the laws of New South Wales, but it will be my endeavor, during the recess, aided by the advice and assistance of the law officers of the crown, to prepare for your consideration such laws as will best provide for the administration of justice, and the contingencies of social life, which may be expected to arise in New Zealand ; therefore the measures now proposed to you must be deemed temporary and contingent, as resulting from the present peculiar condition of the colony. By command of her Majesty, I will bring under your consideration the repeal of the Land Commission Act and submit for your adoption an ordinance for the same general purposes but granting to the Governor of New Zealand the same powers as those heretofore enjoyed by the Governor of New South Wales. I will likewise lay before you bills for the regulation and collection of the revenue of her Majesty’s customs, for establishing courts of quarter sessions and requests, and for the prohibition of distillation. These, gentlemen, are the only subjects for the present on which I shall require you to deliberate. We have, gentlemen, a solemn and important duty to perform; by our means conflicting interests are to be reconciled ; harmony and tranquility established, and measures are to be adopted for improving the condition and elevating the character of the aboriginal inhabitants. In this salutary work I confidently look for your cordial assistance and co-operation, and I trust under Divine Providence we shall be enabled to accomplish these important objects, and to give effect to her Majesty’s gracious and benign views for the welfare, prosperity, and civilization of this colony. Alter laying on the table the Indemnity Bill, the Governor adjourned the council until Thursday, the 27th May, 1841.  New Zealand. Anno quarto Victoriæ Reginæ. No.

1.—An Ordinance to declare that the laws of New South Wales, so far as they can be made applicable, shall extend to, and be in force in, her Majesty’s colony of New Zealand from and subsequent to the   date of her Majesty’s royal charter and letters patent, erecting into a separate colony the islands of New Zealand, and to indemnify the Lieutenant Governor and other officers thereof for certain Acts done and performed between the date of the said royal charter and letters patent and the day of passing this ordinance. Whereas by an act of the Governor and legislative council of New South Wales, made and passed in the third year of the reign of her present Majesty, entitled ” An Act to declare that the Laws of New South Wales extend to her Majesty’s dominions in the Islands of New Zealand, and to apply the same, as far as applicable, in the administration of justice therein, and to indemnify certain Officers for Acts already done.” After reciting that her Majesty had been pleased to annex her Majesty’s dominions of New Zealand to the government of New South Wales, it is enacted that all laws and acts or ordinances of the Governor and legislative council of New South Wales which then were, or thereafter might be, in force within the said colony should extend to and be applied in the administration of justice within her Majesty’s dominions in the said islands of New Zealand, so far as they could be applied therein. And whereas, under and by virtue of an act of parliament made and passed in the fourth year of her said Majesty’s reign, entitled, ” An Act to continue until the thirty-first day of December, one thousand eight hundred and forty- one, and to the end of the then next ensuing Session of Parliament, the Provisions of any Act to provide for the Administration of Justice in New South Wales and Van Diemen’s Land, and for the more effectual Government thereof, and for other purposes relative thereto,” her Majesty did, by her royal charter and letters patent under the great seal of the United Kingdom of Great Britain and Ireland, bearing date at Westminster the sixteenth day of November, one thousand eight hundred and forty, erect into a separate colony the islands of New Zealand, theretofore comprised within or dependencies of the colony of New South Wales, with all other islands lying between certain latitude and longitude therein mentioned. And did further provide that from thenceforth the said islands should be known and designated as the ” colony of New Zealand.” And whereas, by her said royal charter and letters patent, her Majesty did constitute a legislative council for the said colony of New Zealand, with full power and authority to make and ordain all such laws and ordinances as might be required for the peace, order, and good government of the said colony. And whereas it is expedient, until all such laws   and ordinances can be well considered and ordained, that all such laws, acts, and ordinances of New South Wales as are applicable to the colony of New Zealand should continue to be acted upon and be applied therein. And, in order to remove any doubt which may exist whether the said laws, acts, or ordinances of the said Governor and legislative council of New South Wales are and continue in force within the said colony of New Zealand from and subsequent to the date and proclamation of such her Majesty’s royal charter and letters patent. 1. Be it therefore enacted and ordained by his Excellency the Governor in and over the colony of New Zealand, with the advice of the legislative council thereof, that so much of all and every of the laws, acts, and ordinances heretofore made by the Governor and legislative council of New South Wales, and now in force therein, as have already been, and can hereafter during the continuance of this ordinance be, applied within the said colony of New Zealand shall be, and the same are hereby, adopted and declared and directed to be extended to and applied in the administration of justice in the said colony of New Zealand, in the like manner as all other the laws of England, and as if the same had been repeated and re-enacted in this ordinance. And whereas doubts may arise as to the validity of acts done and performed in the said colony of New Zealand since the date of her said Majesty’s royal charter and letters patent by his Excellency as the Lieutenant Governor of the same, and by justices of the peace, officers of the customs, constables, and other officers, under and by virtue of the said in part recited act of the Governor and legislative council of New South Wales ; for the removal whereof 2. Be it therefore further enacted that the said Lieutenant Governor of the colony of New Zealand, and all justices of the peace, officers of the customs, constables, and other officers, and all persons whom- soever therein who may have acted under and by virtue of any commission or appointment of her Majesty, or of the governor of New South Wales, or of the said lieutenant governor of the said colony of New Zealand, or under any orders and directions of the same lieutenant governor, or of his excellency the governor, since his assuming the government of the said colony of New Zealand, previous and up to the passing of this ordinance, shall be, and they, and each and every one of them, are hereby indemnified against, and freed and discharged from, all damages, penalties, and forfeitures to which they, or any one of them, may have heretofore, or may now otherwise be liable for any act so done or performed. 3. And be it further enacted that no act done or performed by any such officer or other person afore- said, shall be questioned or avoided in any court of law, by reason of any supposed want of power and authority, and that all such acts so done and per- formed shall be, and they are declared to be, as valid and effectual in law, to all intents and purposes, as if each of such officers and persons aforesaid had done and performed such acts within and under, or by virtue of, any law or statute of the parliament of Great Britain and Ireland. 4. And be it further enacted and ordained that in all or any of the said acts of the Governor and legislative council of New South Wales, which shall under and by virtue of this ordinance be brought into operation, and extended to and applied to the said colony of New Zealand, whenever the words ” Governor, with the advice of the executive council, Governor, justice, or justices of the peace, or Government Gazette, of New South Wales,” are used in such act or acts, the same words shall be construed to mean, and shall include and extend to ” the Governor, with the advice of the executive council of New Zealand,” or “Governor for the time being,” or ” all or any justices or justice of the peace, and to the Government Gazette of the said colony of New Zealand;” and that all words or expressions referring, and having relation, to New South Wales shall be, and the same are hereby directed to be, applied and construed to extend to the said colony of New Zealand. WILLIAM HOBSON, Governor.   Passed the legislative council this 3rd day of June, in the year of our Lord one thousand eight hundred and forty-one.     JAMES COATES, Clerk of Councils.

Prepared by: Ross Baker, Researcher, One New Zealand Foundation Inc.. Est: 1988.

Website: www.onenzfoundation.co.nz. Email: ONZF@bigpond.com.au  (7/11/21). Copyright.     

NOTE

See documented evidence below obtained under the Official Information Act 1982, New Zealand, Australian and American Archives as well as the British Parliamentary Papers.

For further information, please do not hesitate to contact Ross Baker, Researcher, One New Zealand Foundation Inc. on ONZF@bigpond.com.au.