In the Waitangi Tribunal
WAI 1318
PO Box 5022
Wellington,
New Zealand.
In the Matter of
the Treaty of Waitangi Act 1975.
And
In the Matter of
a claim by Jason Koia (uru-te-rangi) and Reg Akuhata
Rangihuna for and on behalf of themselves and the
Ruawaipu indigenous people.
And
In the Matter of
Her Majesty Queen Elizabeth II Representative of the
Crown United Kingdom (UK).
And
In the Matter of
the NZ Governor General Representative of Her
Majesty the Queen of the Crown New Zealand (NZ).
In the Matter of
Acts, legislation, ordinances, proclamations, regulation,
policy, practices and omissions adopted by or on behalf
of the Crown, its successors and agencies.
Statement of Claim.
Dated 04 November 2005.
1
Interpretation
1.1
The Claimants say they are an ancient whanau - hapu and that the
terminology of “iwi” and “tribe” are foreign concepts invented by the
colonialists and Crown Agents.
1.2
The Claimants say that the term “Maori” was invented by the colonialists
and Crown Agents. The interpretation of the word Maori associates the
Claimants with the Polynesian race of the Pacific Ocean. This term excludes
the Claimants genealogical links to Ma-uri, one of several ancient lines that
traces the Claimants back, direct to the divine creator of all living things.
1.3
The Claimants say that the closest interpretation of their indigenous identity
is “tangata whenua” [native aboriginal].
1.4
The Claimants say the term “Treaty of Waitangi 1840” (English version) is
not their interpretation or Treaty.
2
The Claimants
2.1
This Statement of Claim is lodged by Jason Koia and Reg Akuhata
Rangihuna, for and on behalf of themselves and the Ruawaipu (indigenous)
people. (“the Claimants).
3
Ruawaipu – Their Lands and Rohe
3.1
The Ruawaipu people are able to trace their ancestry back to and before the
arrival of the great Polynesian migrations from the Pacific Ocean (1250 AD).
3.2
The Ruawaipu name acknowledges the Ruawaipu indigenous peoples sacred
eponymous ancestor who was and is the original holder of the manawhenua
(authority and resource consent over the land).
3.3
The Ruawaipu people still occupy their ancestral lands.
3.4
The rohe (ancestral land) of Ruawaipu may be defined as all the coastal area
from the Whangaparoa River mouth in the north to the Reporua Stream, in
2
the south, outwards towards the sea. The dry land area includes lands as
Wharekahika, Potaka, Hicks Bay, Waikura, Te Araroa, Horoera,
Karakatuwhero, Kopuapounamu, Whakaangiangi, Poroporo, Maraehara,
Tiktiki, Whakawhitira, Rangitukia, and Tikapa. Its inland point is from the
Raukumara ranges.
3.5
Significant geographic land marks include Whanga o Kena Island, the
Waiapu river and many ancient Pa sites and wahi tapu such as Pa Oneone, te
Uranga o te Ra and te whare wananga o Whatonga.
3.6
The taonga (treasures) held within the Ruawaipu rohe include (but not
limited to).
a.
Coastal seas adjoining international boundaries
b.
The foreshore and seabed
c.
Rivers and river beds and banks
d.
Fisheries freshwater and saltwater
e.
Forests
f.
Flora and fauna
g.
Wildlife
h.
Aquatic species
i.
Minerals including gold, silver and bronze
j.
Petroleum’s and oils
k.
Air space
l.
Natural organisms
m.
Development and exploration space
n.
Dry land and wet land (manawhenua)
o.
All natural resources above and below ground (dry land and wet
land)
3
3.7
The Marae (sacred meeting houses) in the Ruawaipu rohe are (but not
limited to)
a.
Kauwaetangohia (Apanui and Ruawaipu);
b.
Potaka;
c.
Hinemaurea;
d.
Tutua;
e.
Pikitanga;
f.
Hinerupe;
g.
Awatere;
h.
Matahi o te Tau;
i.
Hurae;
j.
Kaiwaka;
k.
Putaanga;
l.
Rahui;
m.
Taumata o Tapuhi;
n.
Te Ao Hou;
o.
Hinepare;
p.
Ohinewaiapu;
q.
Karuai;
r.
Tinatoka;
s.
Kakariki;
t.
Tikapa;
u.
Te Horo; and
4
v.
3.8
Waiomatatini.
The whanau and hapu (kin groups) within the Ruawaipu rohe are (but not
limited to):
a.
Te Whanau a Tapaeururangi;
b.
Te Whanau a Te Aotaki;
c.
Te Whanau a Tuwhakairora;
d.
Te Whanau a Kahu;
e.
Te Whanau a Tamakoro;
f.
Ngai Tuere;
g.
Te Whanau a Rerekohu;
h.
Te Whanau a Hinehou
i.
Te Whanau a Hinerupe;
j.
Te Whanau a Hunaara;
k.
Te Whanau a Rerewa
l.
Ngati Hokopu;
m.
Ngai Tane;
n.
Ngati Nua;
o.
Te Whanau a Hinepare;
p.
Te Whanau a Takimoana;
q.
Tinatoka;
r.
Te Whanau a Tapuhi;
s.
Ngati Putaanga;
t.
Ngati Porou “Tuturu” of the Waiapu valley;
5
u.
Te Whanau a Te Uruahi;
v.
Te Whanau a Hineauta;
w.
Te Whanau a Uruhonea;
x.
Te Whanau a Rakaihoea
y.
Te Whanau a Pokai
z.
Ngati Horowai
aa.
Te Whanau a Karuai
4
The Cause of Action
4.1
The Claimants state that this matter falls within one or more of the matters
referred to in Section 6 (1) of the Treaty of Waitangi Act 1975 namely:
a. That they are indigenous tangata whenua [native aboriginal] – (Maori)
b. That the Claimants have been and continue to be or a likely to be
prejudicially affected by the various Acts, and other Laws and by various
policies, practices and omissions adopted by, or on behalf of the Crown,
their agents or their successors.
c. That the aforementioned prejudices are inconsistent with Articles I, II and III
of Te Tiriti o Waitangi1, and its principles, by way of the Crown failing to
act in the utmost of good faith, and actively protect the tino rangatiratanga of
Ruawaipu.
1
The indigenous version of the Treaty of Waitangi 1840, signed on the East Coast of New
Zealand known by its geographic boundary as Te Tairawhiti.
6
5
Overview of claim
5.1
The Claimants say that continuous Crown Acts, legislation, ordinances,
proclamations, regulation, policy, practices and omissions have directly and
indirectly “caused” prejudice over their ability to exercise their tino
rangatiratanga (absolute authority and freedom) over their ancestral lands
and natural resources, as agreed to and protected under Article II of Te Tiriti
o Waitangi (indigenous version of the Treaty of Waitangi 1840). .
5.2
This claim is in support of all Ruawaipu claims against the Crown for
prejudices as a result of various Crown Acts, legislation, ordinances,
proclamations, regulation, policy, practices and omissions.
5.3
This claim alleges that various Crown Acts, legislation, ordinances,
proclamations, regulation, policy, practices and omissions have “caused”
and are breaches of customary law and common law under Te Tiriti o
Waitangi.
6
Statement of the Claim
6.1
The Claimants say that Te Tiriti o Waitangi never ceded sovereignty to the
Crown, and that any such proclamations in the London gazette of October
1840 were false.
6.2
That England did not discover New Zealand.
6.3
That England did not conquer New Zealand.
6.4
That Ruawaipu never ceded sovereignty over their ancestral lands and
natural resources. (As agreed to and protected under Article II of Te Tiriti o
Waitangi).
6.5
That there is no New Zealand common law or municipal law explicitly
applicable to tangata whenua - native aboriginal of New Zealand (not to be
interpreted as meaning Maori or New Zealand citizen).
6.6
That common law is not absolute or supreme over customary law.
7
6.7
That common law must recognize and protect customary law.
6.8
That customary law must recognize and protect humanitarian law.
6.9
That humanitarian law is absolute and supreme (by the grace of God).
6.10
That common law and municipal law cannot encroach upon the customary
law of Ruawaipu who are tangata whenua – native aboriginal. [see
appendix].
6.11
That Ruawaipu are not English subjects, or subjects of Roman civil law.
6.12
That Ruawaipu peoples have rights under common law as equals to the
people of England, but Ruawaipu have also exclusive rights under customary
law as tangata whenua.
6.13
That as a result of Crown Acts, legislation, ordinances, proclamations,
regulation, policy, practices and omissions since 1769 the Ruawaipu
indigenous people are the most deprived in health, employment, social,
cultural and economic development than any other ancient whanau - hapu in
the Tairawhiti district (deprivation report 1996).
6.14
That the Crown through tyranny, insubordinate legislation and failing to act
in the utmost of good faith whilst the Ruawaipu indigenous people did, have
acquired great wealth, power, military forces and constabulary to continue
breaching Te Tiriti o Waitangi, without redress for violation.
6.15
That the “evidence” and “cause” of breaches and violations are explicitly in
various Crown Acts, legislation, ordinances, proclamations, regulation, and
policy, prior to and including the English version of the Treaty of Waitangi
1840 up to present day.
6.16
That the Crown via Acts, legislation, ordinances, regulation, policy, practices
and omissions has attempted to alienate Ruawaipu from and inalienable
right, breaching Te Tiriti o Waitangi, human rights, indigenous rights,
constitutional law, English law, domestic law, international law and
customary law. (Every moral and legal code of law).
8
6.17
That previous judicial findings that sovereignty by the Crown was obtained
over a slow period of cession were wrong. Ruawaipu have never entered into
settlement or formal cession.
6.18
That the Crown attempting to usurp sovereignty through tyranny is not a
process accepting to the rule of law.
6.19
That the Crown NZ has not followed it's own constitutional process.
6.20
That Crown NZ through its own legislation is impersonating a sovereign.
6.21
That the native title to the lands and natural resources of Ruawaipu is still
extant. (The Crown has not legally purchased any Ruawaipu lands under its
pre-emptive right, therefore it cannot claim under common law the
extinguishment of the native title).
6.22
That legally under both common law and customary law the Ruawaipu
indigenous people are still sovereign, and hold sovereignty over their natural
resources.
6.23
That any New Zealand law that breaches the principles of Te Tiriti o
Waitangi could not be found to be legal or moral.
6.24
That as a principle of natural justice, the great wealth and power taken from
Ruawaipu unlawfully by the Crown, still rightfully belongs to Ruawaipu.
6.25
That a delay in justice is an injustice.
6.26
That the Ruawaipu indigenous people still proclaim and exercise their
sovereignty despite continual violation by the Crown Acts, legislation,
regulation, policy, practices and omissions.
7
The Breaches of Te Tiriti o Waitangi
7.1
1769 Captain James Cook discovers tangata whenua.
7.2
1786 By Order in Council: New Zealand constituted as part of the New
South Wales colony.
9
7.3
1813 General Order Proclamation: Issued by Lachlan Macquarie, Governor
of New South Wales, declared that the aboriginal natives of New Zealand
were “under the protection of His Majesty and entitled to all good offices of
his subjects”.
7.4
1817 Murder Abroad Act: Subsequent enactments repeated that New
Zealand was “not within His Majesty’s Dominions”
7.5
1835, the Declaration of Independence of the United Tribes of Aotearoa.
Singed by Chiefs in the far North. The national flag was recognised by three
American ships, the H.M.S. Alligator and a 21 gun salute.
7.6
1836, the committee appointed by the House of Commons to inquire into the
state of the Aborigines near Australia concurred in thinking the great wealth
and power promised by the acquisition of New Zealand would be an injury
onto the Kingdom itself most inadequate and unjust as the natives sovereign
title to the soil and sovereignty of New Zealand was indisputable.
7.7
1838, 2000 British subjects had become permanent inhabitants of New
Zealand. Many of doubtful character, convicts unrestrained by law, were
alternately the authors and victims of every species of crime and outrage.
7.8
1839, lord Normandy’s instructions record Her Majesty the Queens
awareness of New Zealand’s great natural resources and great concerns.
Only with the consent of the natives, wastelands were to be bought by the
Crown for British subjects to make valuable profit and create wealth, in turn
the natives would be able to participate, therefore it was not seen as an
injustice by the Crown. The Crown had instructed protection of the natives
during this process.
7.9
1840 Tangata whenua sovereign nation owned 66,400,000 acres of land
(including forestry and fisheries). Controlled international and domestic
trade, revenue, economics, wealth and power. (International trade
agreements already secured).
7.10
1840, due to an internal error of England alerting the French and Americans
of the availability of New Zealand for discovery and complications because
of unlawful British subjects residing in New Zealand, protection was needed.
10
7.11
1840 Treaty of Waitangi (The English version): Signed by 30-40 Chiefs at
Waitangi. This was the first international breach and was promulgated by
England to obtain self-interests in the acquisition of great wealth and power.
The intentions of England to acquire sovereignty were unnecessary as
England was already an ally with the sovereign heads and hereditary chiefs
of the confederation of united tribes of Aotearoa-New Zealand.
7.12
1840 Te Tiriti o Waitangi. Signed by individual Chiefs of Turanga, Uawa,
Tokomaru, and the Waiapu (1 of several indigenous versions signed by over
500 Chiefs around the country). Many Chiefs did not sign because of mistrust. The indigenous version protected native rights pre 1840 and common
law. Both texts (English & Indigenous) did not cede property rights.
7.13
1840 New South Wales New Zealand Act Session 1 number 1: Adopted
New South Wales laws as New Zealand Laws. Indemnified the governor and
colonial officers from treason.
7.14
1840 October London Gazette: Proclamations of England acquiring
sovereignty over New Zealand. There were no formal proclamations in the
North Island. The version signed on the East Coast was the indigenous text.
The ratio of British subjects on the East Coast was 1 British subject to 20
tangata whenua.
7.15
1840 Letters Patent (UK) 05 December: All lands not occupied were
declared wastelands, under section 44 land alienated could then be sold at
one uniform (£) per acre.
7.16
1841 Colenso arrives at Rangitukia and leaves disappointed because the
natives had corrected – amended the Bible.
7.17
1841 Land Claims Ordinance: Stated that lands not actually occupied or used
by the natives belonged to the Crown. This contradicted Article II of the
Treaty.
7.18
1842 Australian Wastelands Act: To apply to the land of New Zealand.
Breaches Article II.
7.19
1844 by Ordinance No 3 amended Ordinance No 2 of 1841, to make formal
provision again for the area restriction of 2,560 acres, and also provide for
the 100 foot strip along the coast as required by the Queen. The New South
11
Wales Ordinance and the New Zealand Ordinances of 1841 and 1844 were
not, however, legislation of general application. They were enacted to apply
to land previously purchased directly from natives by private deeds.
7.20
1844 Governor Fitzroy dropped the pre-emption clause in Article II of the
Treaty and allowed private sales to take place. Imposed a fee on native land
at 10 shillings an acre.
7.21
1846 Constitution Act (UK): Section 10 maintenance and exercising of
native law was ignored by colonial government
7.22
1846 Royal Charter (Letters Patent) 23rd December: Clause 14 issued under
the authority of the Constitution Act of 1846, the authorities authorised to
issue grants were the Governors of the Provinces of New Ulster and New
Munster, using the public seals of their provinces. The 1846 legislation was
opposed (treasonous) in New Zealand by the Governor and not put in place.
7.23
1846 Governor Grey abolished the Protectorate Department, which had the
responsibility of protecting native rights, and gave the New Zealand (Land)
Company the exclusive right of pre-emption.
7.24
1846 Native Lands Purchase Ordinance: Private selling and leasing of native
land under customary title prohibited. Law is widely ignored in regard to
leasing. Single buyer depresses prices. Governor Grey begins massive land
purchasing by Crown.
7.25
1846 Duties of Customs Ordinance: A duty free act which avoided paying
revenue owed to the natives.
7.26
1847 The Treaty of Waitangi is declared “valid and binding” by Chief
Justice Sir William Martin and Chief Justice Chapman in the Queen vs
Symonds case.
7.27
1848 Governor Grey repeals the Royal Instruction 1846 9 & 10 clause 14
(right to Crown pre-emption) Most of South Island signed away in exchange
for promises of reserves. (legally the Crown has not purchased one inch of
Ruawaipu land under its pre emptive right).
7.28
1852 Constitution Act: The Crown UK breaches Article I, and its duty of
active protection by allowing the devolvement of England’s governance
12
duties to the colonial settlers. Saw the establishment of Provincial
Government. Only males over 21 who had individual title to property of a
certain value were entitled to vote. Very few native males were able to do so.
Section 61 granted the Crown duty and levy rights. NZ Colonial government
ignores section 71. Section 72 was to promote colonisation. (the constitution
was not intended to apply to tangata whenua).
7.29
1854 English Acts Act: Adopted 19 English statutes. (English law could
only be exercised on English soil). The Crown did not own any East Coast
land.
7.30
1855 Governor in Council: Decreed any natives fighting on European land
deemed to be rebels.
7.31
1856 New Zealand Loans Act; Revenue arising from Crown Wastelands
created interest from loans.
7.32
1858 English Laws Act: Provided that the laws of England as of 14 January
1840 were deemed to be in force in New Zealand. The Crown did not own
any East Coast land.
7.33
1858 Thatch and Straw Building Ordinance: To prohibit natives from
building raupo whare (native houses).
7.34
1858 Native District Regulations Act: Section 2 (7) gave tangata whenua the
right to their own justice and court systems through the enforcement of
native rights. (Ignored by government).
7.35
1858 Native Territorial Rights Bill: Protected tribal estates from the Crown
(the bill was rejected).
7.36
1858 Native adaptation to new technologies was rapid. In the 1840’s and
50’s tangata whenua controlled most of the coastal shipping around the
North Island, and traded in places as far away as New South Wales. The
scale of this trading could be measured by the East Coast, 46,000 bushels of
wheat was traded for 13,000 pounds. 53 waka (boats) entered the Auckland
Harbour weighing over 14 tonnes, in a single year alone 1792 waka were
registered on entering, laden with produce (fish, pigs, maize, kumara,
potatoes, kauri gum), grown by the natives.
13
7.37
1860 Governor Gore Browne visited Poverty Bay in 1860 he was bluntly
informed that local natives did not recognise Queen Victoria as their ruler
and that previous Governors had been afraid to visit them.
7.38
1862 Native Lands Act: Designed to break down native communal
ownership of land. A land court was set up to individualise title. An
amendment to the act meant that native owners could sell to anyone. This
breached the pre-emption clause in Article 2.
7.39
1863 New Zealand Boundaries Act (UK): The Crown establishes territorial
rights without owning land.
7.40
1863 Suppression of Rebellion Act: No right to trial before imprisonment. Its
intention was to punish "certain aboriginal tribes of the colony" for rebelling
against the Crown.
7.41
1863 New Zealand Settlement Act: It was the only Act at that time that could
confiscate land. Once a district was surveyed the Crown assumed control of
a whole district proclaimed under the Act, and could take any land within the
district and deem it Crown land. The Queen throws the Act out and does not
give it Royal Assent (The NZ settler government carry on).
7.42
1864 Native Reserves Act: All remaining land reserved for native use was
put under settler control.
7.43
1865 Colonial Laws Validity Act (UK): Conferred upon all self-governing
colonies a clear power to alter their own constitutions.
7.44
1865 Native Lands Act: Section 83 provided that Her Majesty’s power of
extinguishing the native title should be delegated to the Governor or the
superintendent of any province. Native owners had to spend many months in
town waiting to have their cases heard. If they did not show up they lost the
right to the land. This caused many of them to build up huge debts and they
had to sell a lot of their land to pay for them. Native owners had to pay for
any surveying work that had to be done. Many tangata whenua sold land
rather than go through the humiliating experience of the Land Court sitting.
7.45
1865 East Coast Wars: by way of Proclamation, Governor Grey announces
that the Crown would “resist and suppress, by the force of arms if necessary
all such fanatical doctrines”. The NZ Crown promotes the beginning of the
14
indoctrination of Ngati Porou (kawangatanga), and supplies natives with
muskets to kill those that supported the kingitanga movement and Pai Marire
(sovereignty retention movements). The Crown intervention sore Ruawaipu
people murdered. Ruawaipu men, women and children were marched from
their ancestral lands to Wairoa, put on a boat to the Chatham Islands without
writ or a right to trial, most never to return to their papatipu (home lands)
again. The Ngati Porou kawangatanga campaign under the banner of the
Union Jack led to many murders and violations of various tangata whenua
including the campaign to catch Te Kooti. More people died in the East
Coast wars, than all the NZ wars. It was the Crown that funded certain
natives (often of low status under customary law) from “confiscation
profits” to build military to enforce sovereignty for the Crown (in part) who
would not have won the War without the natives. To acquire sovereignty in
this process not only breaches every moral and legal code of Te Tiriti o
Waitangi but also breaches the rule of law in the acquisition of sovereignty.
7.46
1865 Outlying Districts Police Act: The Act provided for the confiscation of
land by the Governor, if the ‘Chiefs and other inhabitants’ of a district failed
to deliver up suspected criminals (including those who might have
committed ‘armed resistance to any officer of the law’). The Governor then
might sell such lands to pay for the cost of establishing magistrates and
police officers in ‘outlying districts’. The Act had a very strong reaction
from London’s Colonial Office [dispatch 26 April 1866]. (ignored by
Governor Grey because the Crown UK had devolved its duties for native
policy and defense in 1864 to the colonial government).
7.47
1865 Native Rights Act: Gave protection over native land determination, all
land was to be determined by customary law (ignored by colonial
government).
7.48
1865 Indemnifying Persons Acting In The Suppression of The Native
Insurrection Act: Protected the Colonial government, offices and Her
Majesty’s forces from prosecution for violations up to 1865.
7.49
1866 Oyster Fisheries Act: Prevented tangata whenua from fishing
commercially. Native commercial fishing enterprises at the time went broke
and they had to sell land to meet their debts.
15
7.50
1866 East Coast Native land Titles Investigations Act: Not given Royal
Assent, authorises the issue of proclamations of confiscation to force
Ruawaipu people unwilling to sell and to accept offers for their land.
Designed by insubordinate political meddlers after oil, colonial sovereignty,
wealth and power by all means breaking every moral and legal code of Te
Tiriti o Waitangi. The Bill was rushed through Parliament. (forced Ruawaipu
to lease their lands).
7.51
1866 The Friendly Native Contracts Confirmation Act: Designed to settle
customary land out of court.
7.52
1867 East Coast Native Land Titles Investigations Act Amendment Act:
Previous Act was flawed. Changed to confiscate land off the rebels as
originally intended.
7.53
1867 Native Lands Act: Names of any other owners must now be endorsed
on the back of the title. Those named on the front (10 or fewer) can lease but
not sell. Most blocks brought into Court continue to be awarded to less than
10 named rangatira.
7.54
1867 Native Representation Act: Four native seats in Parliament established.
a response to Pakeha (settlers) fear that natives who by now had a majority
under the property qualification clause of the 1852 Constitution Act in a
number of electorates could gain a majority in Government.
7.55
1867 the Municipal Corporations Act: Gave territorial councils with the
power to regulate buildings, the location of public roads and buildings and
the demolition of Ruawaipu buildings.
7.56
1867 The Native Schools Act: Was passed extending the parameters of the
1858 Act. These schools would assist in the process of assimilation. Major
Rapata Wahawaha an Agent for the Crown and leader of the Ngati Porou
kawangatanga established the First native schools on the East Coast. The
Ngati Porou kawangatanga indoctrination was carried on by Sir Apirana
Ngata. (Rapata’s nephew) also an agent for the Crown and Parliamentarian
(Maori seat) of the colonial settler government.
7.57
1867 The Animal Protection Act: Established the Acclimatisation Societies.
Section 5 gave settlers property rights to introduced species, its
16
establishment and profits from licences. Gave the Crown power to declare
reserves.
7.58
1867 Salmon and Trout Act: Gave all powers relating to the introduction of
trout and salmon to the colonial governor.
7.59
1868: East Coast Act; Transferred rebels rights to non – rebel. The preamble
explicitly stated that the Act was intended to punish those East Coast Maori
who had been, or were then, in ‘rebellion’ by confiscating their land.
7.60
1868 Petition to G. F. Bowen - Ruawaipu descendants ask the governor to
replace the government because of violations upon them.
7.61
1869 A new native version of the Treaty was requested by the Government.
"Kawanatanga" in Article 1 is replaced by "nga mana Katoa o te
Rangatiratanga''.
7.62
1870 Fenton awards customary title to 2 natives for exclusive use of the
foreshore and seabed, colonial settler government blocks Native land Court
from making further determinations.
7.63
1870 Native Lands Frauds Prevention Act: Trust Commissioners appointed
to ensure sufficient land retained for alienators support.
7.64
1871 A Government stipulation that instruction in Native Schools had to be
in English.
7.65
1873 Native Land Act: Under Sections 21 to 32 district officers were
supposed to ensure that natives retained inalienable reserves of 50 acres per
person. Through the 1870s and 1880s at least, trust commissioners also were
supposed to check to see that native vendors retained a sufficiency of other
lands.
7.66
1874 New Zealand Forest Act: Allowed for the creation of state forests, and
gave Parliament authority to regulate access.
7.67
1875 The Office of the Solicitor-general became a permanent settler
government position.
17
7.68
1877 The Treaty is declared a nullity by Judge Prendergast in the Bishop of
Wellington v Wi Parata case. Legislation was introduced to allow direct
purchase of Maori land. This was another breach of Article 2,
7.69
1877 Native Land Purchase Act: Section 2 secured governments protection
from competition (natives had no choice but to accept the Crown- colonial
government price)
7.70
1877 Land and Income Tax Act. Governor Grey invents it.
7.71
1877 The Fish Protection Act; Section (8) states “nothing in this Act shall be
deemed to repeal, alter or effect any provisions of the Treaty of Waitangi, or
take away, annul, or abridge any of the rights of the aboriginal natives to any
fishery secured to them there under. (Ignored by government).
7.72
1878 Ngati Porou kawangatanga leader Major Rapata Wahawaha grants
without hereditary authority, the Native Land Court jurisdiction in the
district. Major Rapata Wahawaha was awarded Queens Sword of honour for
duties and service to the Crown. This was the first recording of common law
entering the East Coast, up until then customary law reigned supreme.
7.73
1878 Native Land Court Judge Gudgeon sends in constabulary to deal with
Waiapu North (Ruawaipu) who were defying common law.
7.74
1879 An amendment by Grey of the Native Land Act made it easier for
small farmers to get native land. The Government sabotaged the
Commission that was set up to investigate land confiscation in Taranaki.
7.75
1879 Peace Preservation Bill: One year's hard labour for tangata whenua
who refused to leave their abodes.
7.76
1881 Native Lands Frauds Prevention Act: All sales of shares must be
approved by Trust Commissioners. Sellers must prove they retain sufficient
land to support them (More than 50 acres per head depending on land
quality)
7.77
1880 Animal Protection Act: Consolidated previous Acts but did not
incorporate native values.
18
7.78
1880 Native Prisoners' Act: 200 tangata whenua arrested in Taranaki for
preventing the surveying of confiscated land. Kept in prison for an indefinite
period without trial.
7.79
1880 West Coast Settlement Act: Any native in Taranaki could be arrested
without a warrant and jailed for two years with hard labour if they built
anything or in any way hindered the surveying of property.
7.80
1881 Native Reserves Act: The control of native reserves is taken over by
the Public Trustee.
7.81
1882 Native Land Division Act: Settlers who have bought up individual
shares in the past can apply for a partition of their interests.
7.82
1882 Crown and Native Lands Rating Act: All land within 5 miles of a
highway to be subject for rates. Government to pay for native owned blocks
and charge it as a lien against the land.
7.83
1882 Native Reserves Act Native Land Court can remove restrictions on
application of owners if they still have sufficient land.
7.84
1882 Native deputations appeal to Queen Victoria to seek redress for
grievances under the Te Tiriti o Waitangi.
7.85
1883 Native Land Laws Amendment Act: Unlawful for private buyers to
negotiate until 40 days after title awarded.
7.86
1884 Native land Alienation Restriction Act Private lease and purchase
prohibited on 4 million acres near route of the main trunk railway line in
King Country and upper Wanganui.
7.87
1884 Native deputations appeal to Queen Victoria to seek redress for
grievances under Te Tiriti o Waitangi.
7.88
1885 1,107,727 acres sold since 1873 for 326,965 pounds.
7.89
1886 Native Lands Administration Act: Rejected the traditional right of
communal ownership. Native land was given over to small groups of trustees
who had the right under this Act to sell it.
19
7.90
1886 Native Equitable Owners Act Owners left out of titles under earlier
legislation (10 owner rule 1865-1867 or in other cases where those on the
title were really trustees for the whole hapu can apply to have their names
added).
7.91
1886 Te Whiti was re-arrested (under the West Coast Preservation Act of
1881) without warrant, charge or trial and jailed for three months.
7.92
1886 Native Land Court Act: A consolidation.
7.93
1887 Native Land Act: Large scale direct purchase of native land. Bastion
Point, Auckland appropriated for defence purposes.
7.94
1888 Native Lands Fraud Prevention Act 1881 Amendment Act: section 8
removed the Trust Commissioners System from Crown purchasing (
Commissioners were to ensure natives were paid a fair price for their land
and that the natives retained enough land to support themselves).
7.95
1888 Native Land Act: Repeals 1886 Act and reinstitutes free trade.
7.96
1888 Native Land Court Act 1886 Amendment Act: Extends completion of
purchase provisions.
7.97
1889 Native Land Frauds Prevention Act Amendment Act: Removes
requirement to subdivide.
7.98
1890 Native Schools Sites Act Extension Act: Crown could acquire
inalienable lands.
7.99
1891 Native Land stood at 11,079,486 Acres Native Lands Commission
(Rees, Carroll and MacKay) report on effects of introducing private sales
and recommends resumption of Crown pre emption.
7.100 1892 The Native Department was abolished.
7.101 1892 Oyster Fisheries Act: Prohibition
7.102 1893 Criminal Code Act: Section 240 allowed the prosecution of Tohunga
(native experts).
20
7.103 1893 Native Land Purchase and Acquisition Act: Designed to speed up the
purchase of native land by enabling government to declare uncultivated
native land for sale and lease.
7.104 1894 Offences Summary Jurisdiction Act: Section 5 and 49 allowed the
prosecution of Tohunga.
7.105 1894 Advances to Settlers Act: Low interest loans made available to white
settlers to buy land from the Government. Native Land Court Act: Names on
the Certificate of Title were deemed trustees or beneficial owners.
7.106 1894 Native Rights Bill: Introduced by Hone Heke.
7.107 1894 Native Land Court Act: Section 53(2) did require native vendors
involved in private sales to retain sufficient lands, but Crown purchases
appear to have been exempted.
7.108 1894 Validation of Invalid Land Sales Act: Any Pakeha (settler) misdealing
concerning native land were legitimised.
7.109 1894 Public Works Act confiscated Ruawaipu land and East Coast lands for
planning. The Act was used to take Whanga o Kena Island without a land
title determination, or right to appeal after compulsory compensation.
7.110 1894 Native Land Settlement Act: Native land was put under the control of
Land Councils. There was no tangata whenua representation. The settler
population had increased and so had their desire for land.
7.111 1898 Social Security Act: Section 66 enabled native pensions to be reduced
or cancelled because of customary rights to land interests.
7.112 1900 Maori Lands Administration Act: Seven regional Maori Land Councils
set up to manage surplus lands. Separate category of papakainga lands to be
inalienable. Papatipu block committees appointed by Councils to investigate
title to large areas remaining outside the Court system in Northland and the
East Coast. Provisions for Councils to take over management of some
categories of land. Sales by majority of owners or by incorporations require
consent of Council and a papakainga certificate from each owner re
sufficiency of remaining land interests.
21
7.113 1901 Native (Maori) Councils Act: Established Councils not rangatira.
7.114
1902 East Coast Native Lands Trust Act: Set up with the influence of Sir
Apirana Ngata. Consolidation orientated. Established a Maori Land Board.
7.115
1902 Land Titles Protection Act Titles over 10 years old may not be
contested without special permission from the Government.
7.116 1902 Native Land Laws Amendment Act Hapu and whanau can obtain
papakainga certificates.
7.117 1903 An act re-affirms Judge Prendergast's 1877 ruling that the Treaty is a
nullity.
7.118 1903 Coal Mines Amendment Act: Section 14 vested the beds and navigable
rivers in the Crown.
7.119 1904 Native Land Rating Act: Natives were unrepresentative on local
bodies, and that when roads and bridges were laid out, large blocks owned
by natives were carefully ignored because settlers did not want to increase
the value of the land that they might someday wish to purchase or lease.
7.120 1905 The abolition of Native Councils (they had slowed down the
Government's land purchases). There were amendments to the Native Land
Act which forced further sales of native land.
7.121 1905 Native Land Settlement Act: Native (Maori) Land Councils become
appointed Maori Land Boards to sell or develop unutilised lands.
Compulsory vesting of surplus lands in Taitokerau and Tairawhiti voluntary elsewhere. Private leases allowed subject to consent of boards.
7.122 1905 Workers Dwelling Act: Provided for the state to commission the design
and construction of houses on Crown land for lease or sale. This legislation
was supplemented in 1906 by the Government Advances to Workers Act
which provided for the lending of money to workers for the construction of a
dwelling on a similar basis as the Advances to Settlers legislation of 1894.
Natives had to prove they were Europeanised and own single title land in
order to by a house.
22
7.123 1906 Native Land Settlement Act Amendment Act: Section 7, Royalties
from timber, flax or kauri gum paid to the Native Boards in respect of land
not vested in the Board may be paid out to satisfy any charge on the land,
and the balance remaining, if any, shall be paid to the native owners’
7.124 1906 Tourists and Health Resorts Control Act: Section 9 gave the Minister
of Tourism the power to remove, exclude and eject anyone undesirable
7.125 1907 The England grants the NZ colonial government dominion status, (the
Demise of the Crown Act 1908) without consent of tangata whenua. (this
status was later used to impersonate and usurp the sovereignty of tangata
whenua).
7.126 1907 Native Land Settlement Act: Native Land Boards must sell 50% of
surplus lands vested in them and lease 50%.
7.127 1908 Public Works Act: An Act used to take Ruawaipu and East Coast lands
in particular land taken for linesmen services and a police station in Tikitiki.
7.128 1907-08 Animals Protection Act: Section 6 criminalized traditional practices
and the application of traditional technology. Section 30 prohibited
traditional storage practices.
7.129 1908 English Laws Act: Makes English law NZ law.
7.130 1908 Judicature Act: Section 19 (c) Questions of foreign law during civil
matters were to be decided solely by the judge not jury. The Act did not
consolidate the Native District Regulations Act 1858.
7.131 1908 The Consolidated Dairy Industry Act: Provided low interest 15-year
loans for factory building, and encouraged and protected dairy cooperatives.
Favoured economic development for Settlers.
7.132 1908 Native Land Laws Amendment Act: Section 27 confirmed that Native
Land Boards could grant licences for removal of timber or flax from any
land vested in the Board for up to 30 years.
7.133 1908 Tohunga Suppression Act: Penalties were imposed on tohunga (experts
in tikanga, medicine and spirituality).
23
7.134 1908 Consolidated Statutes Enactment Act: Parliament legislated over 5
volumes of New South Wales style law.
7.135 1908 Land and Income Tax Act: passed by settlers, a voluntary Act for
companies only.
7.136 1908 Tourist and Health Resorts Control Act: Gave health resorts control
over game management and game reserves. No revenue for tangata whenua.
Declared reserves under His Majesty the King.
7.137 1908 Dog Tax Act: There were fears tangata whenua would be taxed next.
7.138
1909 Native Land Act: Major consolidation of 69 existing Acts. Powers to
vest land in Native Land Boards limited to noxious weeds and unpaid
rates. Section 229 established that any licence or grant which conferred any
right of use or occupation (including for removal of timber, flax, minerals,
etc.) was a lease, and that Land Boards could grant licences of up to 30 years
for the removal of timber, flax, kauri gum, or minerals. Further, after 1909,
section 208 of the Act on the application of a native owner, native land held
by a single owner could be declared European land by the Appellate Court
7.139 1909 Native Health Act: Tangata whenua could no longer use the whangai
system for adopting children. Native women could no longer breastfeed.
7.140 1910 Scenery Preservation Amendment Act: Section 10 deemed the taking
of any Native land under the Public Works Act of 1894, 1905, or 1908 for
the purpose of scenery preservation to be valid.
7.141 1910 Native Townships Act: Used to acquire Ruawaipu and East Coast land.
7.142 1910 Bylaws Act: Gave the power of local authorities to enact and validate
bylaws for their districts.
7.143 1913 Native Land Amendment Act: Native Land Boards and Native Land
Court amalgamated. Crown may purchase individual interests. Minister may
apply for title investigation and partition.
7.144 1913 Reserves and other Lands Disposal and Public Bodies Act: Section 122
The Crown takes the Te Araroa native township for a domain.
24
7.145 1914 World War One: Native volunteers called upon for service. There were
fears that natives wouldn’t have an equal place in society if they did not
volunteer.
7.146 1914 Native deputations appeal to King George V to seek redress for
grievances under the Te Tiriti o Waitangi.
7.147 1915 Discharged Soldiers Settlement Act: Confiscated various areas of
Ruawaipu and East Coast lands.
7.148 1916 Native Land Amendment and Native Land Claims Adjustment Act:
Section 4 permitted the Crown (in the past and in the future) to purchase the
interests of any owner, thus rendering obsolete a general committee’s role in
land transactions.
7.149 1917 Native Land Court grants Crown injunctions stopping native from
cutting timber. The Crown wanted Royalties.
7.150 1917/1918 Letters Patent to constitute a governor general for NZ. (still
subject to England).
7.151 1918 WWI Rehabilitation Scheme: The scheme was only available to
Pakeha servicemen, this included granting of land and benefits.
7.152 1919 a regulation was gazetted under section 34(6) of the War Legislation
and Statute Law Amendment Act of 1918, prohibited natives from selling
native owned wood
7.153 1920 NZ government joins the League of Nations as a sovereign country
without a constitution. The Crown UK does not protect the sovereignty of
tangata whenua.
7.154 1920: Native Trustee Act: Established trustee governance systems over
Ruawaipu lands affecting Rangatiratanga. Incorporated Public trustees
monies from native reserves, monies from native land Boards (undisbursed
rents, proceeds of the sale of native lands, monies belonging to minors and
natives under disability. The native trustee took over the accumulated funds
mentioned. [there was no accountability]
25
7.155 1921 Native Land Amendment and Native Land Claims Adjustment Act:
Provides for consolidation of scattered interests and exchanges with the
Crown.
7.156 1921 Animal protection and Game Act: Failed to recognise tangata whenua
values or property rights to flora and fauna.
7.157 1921-22 Reserves and Other Lands Disposal and Public Bodies Empowering
Act: Section 130 vested lands under the Tourist and Health Resorts Control
Act 1908 to the Minister of Health
7.158 1921-22 Forest Act: Allowed the Crown to collect rents, fees and Royalties.
Section 35(2) prevented natives from granting or cutting rights.
7.159 1923 Native Land Amendment And Native Land Claims Act: Section 43
removed rating exemptions.
7.160 1924 Native Land Rating Act Native Land to be rated the same as other
land.
7.161 1924 Native deputations appeal to King George V to seek redress for
grievances under Te Tiriti o Waitangi.
7.162 1927 Native Land Amendment and Native Land Claims Adjustment Act:
Unpaid rates written off.
7.163 1928 Native Land Amendment and Native Land Claims Adjustment Act:
Native Land Boards to administer and develop on behalf of owners (Sim
Commission investigates confiscations).
7.164 1928 The Public Reserves, Domains and National Parks Act: Enabled the
Governor-General to declare any Crown land subject to the Land Act 1924,
any land subject to the Forest Act 1921/22, any public reserves vested in the
Crown or any land subject to the Scenery Preservation Act of 1908, to be a
national park.
7.165 1929 Native Land Amendment and Native Land Claims Adjustment Act:
Provides for large-scale development schemes. Sir Apirana Ngata continues
large-scale depression era schemes to develop unproductive native land
using unemployed natives. Permitted the government to get involved
26
directly in the development of Crown land before making it available for
settlement
7.166 1931 Native Land Court Act: Consolidation
7.167 1931 Native Purposes Act: Section 95 gave the Governor-General specific
powers to prohibit the alienation of reserves other than to the Crown.
7.168 1932 Ratana M.I.'s present petition with 30,000 signatures calling for
ratification of the Treaty. (It was ignored by colonial government).
7.169 1932 Unemployment Act: Tangata whenua received half the unemployment
benefit given to the Pakeha. A single native received 7s 6d and a Pakeha 15s.
7.170 1932 The Small Farms (Relief of Unemployment) Act. The unemployed
men who were engaged to carry out improvements in the first stages were
given preferential treatment in the allocation of farms.
7.171 1932 Waitangi National Trusts Board Act: The Governor General acquires
1000 acres of Lands (Auckland) under the Scenery preservations act 1908
and Public Works Act 1928. Established a board of trustees to administer
such presents. The Board consisted of Privy Council members, the NZ
Governor General, the NZ Prime Minister , Native Affairs Minister and Sir
Apirana Ngata. Such powers included the ability to promote and apply
further legislation over the said lands.
7.172 1933 New Zealand Debt Conversion Act: Natives faced reduced interest
payments from land, whilst charged a 10% stamp duty.
7.173 1934 Native Plants Act: Created Crown prohibition and regulation over
indigenous properties.
7.174 1934 Board of Native Affairs Act: The Board of Native Affairs was
established and the Native Land Settlement Board abolished. The new
Board, chaired by the Native Minister, had wide supervisory powers over the
Native Trustee, Native Land Board, and East Coast Commissioner, and over
their investments and expenditure on farming operations.
7.175 1935 Native Housing Act: Natives (living in sub standard conditions) were
not given equal housing development opportunities. Section 2A Tangata
27
whenua were classed as “Maori” being any Polynesian native of any island
of the South Pacific Ocean (to be a NZ Citizen). There was no distinction
between the special status of tangata whenua.
7.176 1936 Native Land Amendment Act: Crown land can be included in
development schemes.
7.177 1936 Pensions Amendment Act: Section 4(1)(a) meant that a reduced
pension could be awarded if Maori had land where title had not been
determined on which customary rights were exercised
7.178 1937 Petroleum’s Act: Section 3, government vest oils and petroleum’s to
itself, whether or not the Crown has alienated the land. There are several oil
fields in the Ruawaipu territory. Section 18 Crown imposes Royalty levy.
Section 36 gave the Crown the right to give itself a licence to mine.
7.179 1938 Proclamation: Number 1215 took the Wairoro 2 block (Poroporo) for a
workers dwelling and vested the land in the Waiapu County Council.
7.180 1939 World War Two: The Maori Battalion gave outstanding service to the
Crown, but were rewarded after the war by being left to see to themselves.
On the other hand Pakeha were rehabilitated. The heavy casualties suffered
by Ruawaipu servicemen and lack of equal rehabilitation opportunities has
took a heavy toll on present and future generations of Ruawaipu and East
Coast native families today.
7.181 1946 United Nations Act: Gave the Governor General in council the power
to make regulations in accordance of the UN Charter 1945 as a sovereign
country impersonating the sovereignty of tangata whenua. Section 2 still
proclaims NZ as Her majesty’s government making NZ membership of the
league of Nations invalid. (only sovereign countries could be members).
7.182 1947 Statutes of Westminster Adoption Act: New Zealand Adopts an
English constitution to qualify NZ Parliament sovereignty.
7.183 1947 Maori Purposes Act: Replaced the term native and used the term
Maori.
28
7.184 1947 Districts Courts Act: Section 3 the Crown constitutes district courts
with civil and criminal jurisdiction. The Act was not interpreted to apply
explicitly to tangata whenua.
7.185 1948 Lands Act: Gave the Crown the ability to dispose of wastelands,
section 36. Trigonometrical sites---The land on which any trigonometrical
station is situate, together with a right of way to and from the same, shall, for
the purposes of survey, and notwithstanding any alienation thereof, be
deemed and taken to be Crown land. Section 40 the Crown could purchase
customary land for the purpose of settlement and development (including
timber, flax and minerals). Section 42 gave the Crown the right to extinguish
title over native reserves. Section 58 gave riparian and foreshore ownership
to the Crown.
7.186 1949 Forests Act: Natives had to get consent to cut timber. Pakeha were
granted cutting rights. Declared State Forest’s Crown Land under the Land
Act 1948.
7.187 1950 Harbour Boards Act, designed to expropriate foreshore and seabed
property rights from tangata whenua. Section 3 gives the Governor General
manawhenua. Under section 8A the Governor General can give manawhenua
to public and local authorities. Section 149 gave the Crown the right to lands
for Harbours and works. The Act took control of levy, dues, fees and rates
that rightfully belonged to tangata whenua. The Crown also charged licences
and Royalties for stone and shingle.
7.188 1952 Lands Transfer Act: Section 165 allowed over seas governments to
possess land. The Act assumes the Crown as Sovereign prerogative over
native customary land when in conflict of title. However customary land was
not subject to the Act.
7.189 1953 Geothermal Energy Act: An Act to make provision for the control of
the tapping and use of geothermal energy and for vesting all such energy in
the Crown whether the land was Crown or not.
7.190 1953 Maori Affairs Act: A consolidation of Native Land Acts. If Maori land
was not occupied or being used then it was declared "waste land'' and taken
by the Government-Maori Trustee. Established the Maori Land Board.
Section 155 blocked the right of customary native title to challenge Her
29
Majesty the Queen and Crown title. Section 157 extinguished customary title
without consent or the right to challenge in court. Section 158 blocked the
NZ courts from recognising customary title making Crown alienation valid.
7.191 1953 Maori Trustee Act: An Act to be read with the Maori Affairs Act 1953.
Gave the power of the Maori trustee to administer deceased peoples lands.
Unclaimed monies were granted to the NZ Maori Council constituted by
section 17 of the Maori welfare Act 1962. Also granted unclaimed monies to
the Maori Education Foundation established under the Maori Education
Foundation Act 1961.Gave the Maori Trustee (Maori Land Board)
discretionary powers to administer revenue and profits form Ruawaipu and
East Coast Estates. [As of year 2005 the East Coast Lands are the most
under developed lands in New Zealand].
7.192 1953 Town and Country Planning Act: Prevented tangata whenua from
building on their land. This forced many whanau to move from rural areas to
the cities losing site of their whakapapa, tikanga and rangatiratanga.
7.193 1953 Wildlife Act: Included the Constitution of Societies (Acclimatisation
Societies) functions and powers. No reference to tangata whenua. Created
Crown presumed ownership over indigenous animals and species.
7.194
1955 Maori Trusts Board Act: Section 35 denies property for beneficiaries
when used with Runanga Acts.
7.195 1955 Maori Reserve Land Act: Section 3 vests reserves in the Maori Trustee.
Section 26 Maori Trustee could lease reserved land.
7.196 1957 Waiapu North Consolidation Scheme: As a result of the Maori Affairs
Act 1953. Used to speed up consolidation of lands on the East Coast.
Disregarded tribal and hapu boundaries.
7.197 1958 Maori Soldiers Trusts Act: Section 8 made the Minister of Maori
Affairs chairman and the Maori Trustee deputy chair of the Trust. Section 7
gave the Minister and Maori Trustee power to acquire any land or interest in
land for the purposes of the Trust.
7.198 1959 Ruawaipu indigenous people sign Petition reaffirming Te Tiriti o
Waitangi and section 71 of the 1852 Constitution Act [rights to self
governance]
30
7.199 1959 Soil Conservation and Rivers Control Amendment Act: Enabled
government to control land use practices.
7.200 1960 The Hunn Report: Jack Hunn, a top-ranking civil servant,
recommended a stepping up of the assimilation process. The East Coast ask
for their lands back, government plants forests to retain land.
7.201 1960 Maori Purposes Act: Section 10 permitted the gazetting of water
supply areas, on which a levy could be charged for water supply purposes.
7.202 1961 Crimes Act: Gave the power for NZ courts to collect fines for breaches
of common law. The Act assumed it had jurisdiction over tangata whenua.
The Act did not recognise customary law or the enforcement of native rights.
7.203 1962 Maori Community Development Act: Consolidated the Maori Social
and Economic Development Act 1945. Formed the NZ Maori Council
(consolidated from s 13E of the MSED 1945). Section 18 (1)(c)(iv) gave the
NZ Maori Council powers to promote Maori self- governance. Section 36
gave Maori a choice of jurisdiction under the Maori Community
Development Act (jurisdiction of Maori Committee) or the Summary and
Proceedings Act 1957 (jurisdiction of District Court). (Ignored by
government).
7.204 1964 Education Act: Maori schools still controlled by the Education Board.
7.205 1964 Continental Shelf Act: Section 3 states “All rights that are exercisable
by New Zealand with respect to the continental shelf and its natural
resources for the purpose of exploring the shelf and exploiting those
resources are hereby vested in the Crown”.
7.206 1965 Territorial Sea and Fishing Zone Act: Assumed the Crowns prerogative
out to the 12 nautical mile zone.
7.207 1967 Water and Soil Conservation Act Section 21 vests natural water in the
Crown. Made no specific mention of tangata whenua values. Planners failed
to allow for spiritual beliefs relating to waters.
7.208 1967 Maori Affairs Amendment Act: Maori Trustee had the right to ask
individuals to sell their interest to the Government. Land owned by fewer
than four native people had to be put under one title. All interests of owners
31
in land in incorporations were to be converted into shares in the corporate
body, which meant that owners lost their direct link to their interests in the
land
7.209 1967 Rating Act: Native freehold land subject to rates.
7.210 1969 Legal Aid Act: Parliament only appropriates legal aid to the Crown
(one Treaty partner). There was no legal aid monies allocated for tangata
whenua representation (the other Treaty Partner).
7.211 1971 Gaming Duties Act: Section 9, the Crown imposes a lottery duty of 5.5
%.
7.212 1971 Marine Farmers Act: Gave the Crown an assumed prerogative over the
territorial sea. Charge licence fees, gave Crown leases and controlled spat
collecting.
7.213
1973 New Zealand Constitutional Amendment Act: Section 2 amended
section 53 of the 1852 NZ Constitution Act giving NZ Parliament full
powers to make laws. (Article 53 was limited, the NZ parliament could not
make full laws prior the Amendment).
7.214 1974 Local Government Act: No Te Tiriti o Waitangi clause.
7.215 1975 Native land reduced to 3,000,000 acres
7.216 1975 Treaty of Waitangi Act: Established the Waitangi Tribunal. Could only
make claims from 1975. (1985 amendment allows claims to 1840). The Act
blocks the ability to claim under aboriginal doctrine (pre- 1840). NZ
Parliament does not have to oblige to recommendations by the Tribunal,
giving Parliament ultimate power to breach.
7.217 1975 Ombudsman Act: Section 20 allows Parliament not to give disclosure.
7.218 1976 Energy Resources Levy Act: Section 4 the Crown imposes a levy on all
natural gas and coal.
7.219 1976 Land Tax Act: Section 27 (1) (J) Maori customary land exempt from
tax. Section 29 (6) All land owned by the “East Coast Commissioner”
deemed to be Maori land.
32
7.220 1976 Income Tax Act: Section 2 did not interpret a “natural person” only
companies, local or public authorities or Incorporated bodies. (the 1908
Income Tax Act was established only for settler companies, not individual
persons).
7.221 1977 Road User Charges: Crown creates a levy for roads although many
roads were built by native labourers on stolen native lands. (tangata whenua
were secured free passage, ignored by government)
7.222 1977 Reserves Act: Section 27 gave government the power to vest reserves
to itself. Iwi control and authority over reserves was non existent.
7.223 1977 Human Rights Act: Section 92 (2) Makes NZ government exempt from
complying with the Act.
7.224 1977 Citizenship Act: Made all NZ citizens bear true allegiance to Her
Majesty Queen Elizabeth II. The Act did not explicitly extinguish tangata
whenua sovereignty, nor was the Act interpreted to apply to tangata whenua.
7.225 1977 Territorial Sea and Exclusive Economic Zone Act: Government does
not consult with tangata whenua, creates inter alia, and presumes ownership
of the foreshore and seabed. Section 7 vests seabed of the territorial sea (12
mile limit) to the Crown.
7.226 1979 Citizens Amendment Act: Made the Queen of England the Queen of
New Zealand. Made NZ citizens bear true allegiance to the reigning
sovereign Her Majesty Queen Elizabeth II. Assumed the Queen was
sovereign over tangata whenua. The Act did not explicitly legislate that Her
Majesty held or extinguished sovereignty over the native aboriginal peoples
of NZ. Tangata whenua did not give consent to any cession.
7.227 1979 Coal Mines Act: Section 5 states “Coal to remain property of the
Crown”. Section 249 gave the Governor General the power to impose a levy
on coal. Section 261(2) made the rivers, coal and all minerals in the river
beds the absolute property of the Crown.
7.228 1980 National Parks Act: Section 9 enabled the Crown to acquire land under
the Public Works Act 1928.
33
7.229 1983 Letter Patent: Rob Muldoon takes Letters Patent UK 1917/1918 and
constitutes the governor general being under NZ parliament. Gives NZ
parliament their own sovereignty through English law.
7.230 1984 tangata whenua appeal to Queen Elizabeth to honour the Treaty.
7.231 1985 only 1800 tangata whenua work in the fishing industry, most as
labourers.
7.232 1985 Goods and Services Tax Act: Creates revenue for government/ Crown.
7.233 1985 Fish Royalties Act: Creates a Royalty of Fisheries for the Crown.
7.234 1986 Tom Te Wehi wins his case under the Treaty to a right to customary
fishing.
7.235 1986 Fisheries Act: The Crown takes out the Treaty clause from the
Fisheries Act 1983 [s88 (2)]. Creates quota (a exclusive property right)
breaching Article 2.
7.236 1986 Geoffrey Palmer enacts the NZ constitution (without referendum),
repeals the 1852 Constitution and David Lange takes letters Patent 1983 to
qualify NZ parliaments sovereign authority. The NZ constitution makes no
reference to Te Tiriti o Waitangi.
7.237 1986 State Owned Enterprises Act: Part 4 (27) states “Maori land Claims,
claims under the Treaty of Waitangi Act 1975, does not prevent government
from transferring the land or land interest by the Crown to a State Enterprise
then to any other person”.
7.238 1987 Te Runanga o Ngati Porou Act: Waiapu North (Ruawaipu)
unanimously reject the TRONP Bill (a bill by the Crown to establish the
Ngati Porou (kawangatanga governance) Act over the ancestral lands of
Ruawaipu Government ignores and enacts the Act despite other protests
from Te Aitanga –a- Hauiti indigenous peoples also of the East Coast.
7.239 1987 Conservation Act: Section 5 established by the Crown the Department
of Conservation (DOC) and assumed the Crown prerogative over
kaitiakitanga.
34
7.240 1987 Immigration Act: Gave the colonial government a right to invite
manuhiri which was a right that only belonged to tangata whenua.
7.241 1988 Imperial Laws Applications Act: An Act granting English customary
rights to New Zealanders. Repealed Letters Patent 1917/18 that constituted
the Governor General.
7.242 1989 Crown Forests Assets Act: Section 34 is subject to the Treaty of
Waitangi Act 1975, which blocks the ability for tangata whenua to claim
under the native title (aboriginal doctrine pre 1840).
7.243 1989 Maori Fisheries Act: Re-definition of an important part of Article 2,
which guarantees hapu "full exclusive possession of the Lands and Estates,
Forest, Fisheries''. By 31st October 1992 Maori are granted 10% of the
fishing quota. The Government has re-defined full as 10%. A further breach
of the Treaty agreement.
7.244 1990 NZ Bill Of Rights Act: Government leaves Te Tiriti o Waitangi out.
Section 4 allows Parliament to override the Bill of Rights, thus giving
parliament ultimate power to breach.
7.245 1990 Runanga Act: Repealed by National Government:
7.246 1991 Crowns Minerals Act: Government omits minerals from the Resource
Management Act and claims ownership of minerals under section 9, 10 and
11.
7.247 1991 Resource Management Act: Denies tangata whenua occupational
rights. Section 8 and 33 never implemented. Section 23 allows Parliament to
override the RMA.
7.248 1991 Foreshore and Seabed Endowment Re-vesting Act: Section 4 validated
land alienated by the Crown vested in harbour boards or local authorities.
The Act was not intended to apply to customary land, the Crown assumed so
anyway.
7.249 1991 Ministry of Maori Development Act: Established the TPK. A result of
the “Maori Development Decade” and promises by the NZ delegation to the
UN (Geneva speech 1989). The original intent was Maori self-sufficiency,
better control over service delivery and accountability by government
35
CEO’s. Today the TPK has no power to protect tangata whenua service
delivery, its powers are limited to providing top quality advise. The TPK has
dramatically failed to give quality (Wai 953 Report).
7.250 1992 Deed of Settlement Act: Extinguished native sovereignty rights 100 %
full and exclusive forever. Section 9 (b) further ruled “that no court or
tribunal shall have jurisdiction to inquire into the validity of any such claim
[“in common law (including customary law and aboriginal title), the Treaty
of Waitangi, statute, or otherwise”]. This omits the Treaty of Waitangi Act
1975. Further more the Crown (rushed through parliament) claimed that 75
signatures (without tribal or hapu mandate) was sufficient to wipe away the
rights of 500,000 Maori, including those tribes or hapu, who opposed or did
not sign the Crowns Deed of Settlement. This Act breaches Article I, II and
III of Te Tiriti o Waitangi , the U.N. Resolutions 1514 (XV) of 14 December
1960- containing the Declaration on the Granting of Independence to
Colonial Countries and Peoples rights from alien domination, Resolution
1803 (XVII) of 14 December 1962- declaring permanent sovereignty over
natural resources. Breaches the UDHR Article 8 1948 and the ICCPR
Article 2 (3) 1976. The Act also breaches the principles of natural justice and
the rule of Law.
7.251 1993 Human Rights Act: Section 151 allows Parliament to breach Te Tiriti o
Waitangi and discriminate (exemption clause).
7.252 1993 Te Ture Whenua Act: Although the Act legislated rights for tangata
whenua the Act was overridden by other Crown statutes. Enables Parliament
ultimate power over native land, contrary to section 2(2).
7.253
1993 Electoral Act: Makes part of NZ constitution and compels tangata
whenua into Parliamentary sovereignty regimes. Allows foreigners to be
voted in to be come sovereign. The Act Strips rangatiratanga from tangata
whenua, and forces tangata whenua to be vote as a minority in the very same
regime that denies them their sovereignty.
7.254 1994 Maori Land Court Rules: Established by the Governor General via
section 95 of Te Ture Whenua Act 1993. Parliament controls the Maori Land
Court. (Waitangi Tribunal finds the Maori Land Court is not an Agent of the
Crown).
36
7.255 1994 Income Tax Act: Section AA2 breached the Interpretations Laws Act
1924 to enable government to continue to tax anything including human
labour and Maori income. Section BB1 the Crown imposes its right to levy.
Section LC15 establishes company tax agreements between NZ and the
United Kingdom. Section O does not define a natural NZ person to pay
income, levy or revenue.
7.256 1996 Deprivation Report by Victoria University showing those living in the
Ruawaipu rohe to be most deprived in health, housing, education and
employment.
7.257 1998 Customary fishing regulations government does not fulfil obligations
under the TOWFCS ACT 1992. (Deed of Settlement). Ruawaipu challenge
gazetting over their manawhenua.
7.258 1998 Human Rights Amendment Act: Crown breaches sections 5.1j-k of the
Human Rights Act 1993.
7.259 1998 Human Rights Act UK: England no longer guarantees English rights to
tangata whenua breaching Article III. Section 4(5) (b) gives English people
access to the Privy Council. Part II of the First Protocol, Article I, guarantees
property rights in accordance with the general principles of international law.
(the New Zealand government does not recognise international law
regarding property rights).
7.260 2000 Aquaculture reform government drafts reform. Waitangi Tribunal
found 4 breaches in the principles of Te Tiriti o Waitangi (Wai 953, 2002).
7.261 2001 Human Rights Amendment Act: Government must comply with
section 19 of the NZ Bill of Rights 1990. However section 4 of the NZ Bill
of Rights allows Parliament to override the Bill of Rights.
7.262 2002 Local Government Rating Act: Section 3 gives local government more
powers and discretion to collect rates.
7.263 2002 Local Government Act: Section 5 interprets a local authority as a
regional council or territorial authority. Fails to recognise whanau, hapu or
“iwi” authorities. Section 12 (2) grants local government full rights, powers
and privileges a status that belongs to tangata whenua under Article II of Te
Tiriti o Waitangi and prior.
37
7.264 2002 TPK facilitates consultation rounds with DOC, Mfish and MftE
regarding aqua reform. Ruawaipu submits and objects. Tangata whenua
nation wide unanimously reject the aqua reform. (the Crown ignores).
7.265 2002 Independent government report reveals 1 in 2 tangata whenua families
living in hardship and 1 in 2 tangata whenua children living in hardship.
7.266 2002 Ruawaipu and Uepohatu submit grievances about TRONP and TOKM
to the Minister of Maori Affairs, ignored. (TPK informed but do not
intervene)
Recent Breaches of Te Tiriti o Waitangi by the Crown
7.267 2003 Supreme Court Act: Section 42 extinguishes Her Majesty in Council
“the Privy Council” (despite 74% of the House of Representatives opposing
the extinguishment). Section 3(a)(i) makes NZ independent from Her
Majesty’s Courts, yet NZ parliament still swears an oath of allegiance to Her
Majesty Queen Elizabeth II ?. Section 3 (2) endorses NZ Parliamentary
sovereignty. Has no Treaty of Waitangi clause, nor does the Act recognise
customary law.
7.268 2003 Ruawaipu, Uepohatu and Hauiti people take an injunction against
TRONP from collecting TOKM lease rounds. The Maori Land Court Judge
puts an application for determination under s30 of Te Ture Whenua Act
1993 in sine die.
7.269 2003 Foreshore and Seabed Policy: NZ Court of Appeal find Maori have a
right to apply in the Maori Land Court for investigations into customary title
over the foreshore and seabed. Parliament blocks that right and proposes
Policy. Tangata whenua do not give consent to the foreshore and seabed
policy. Ruawaipu say no to Ministers of the Crown and declare autonomy by
public gazette. (A Declaration of Sovereignty is sent to the Prime Minister
who ignores the Declaration).
7.270 2004 Foreshore and Seabed Act: The Crown vests the fore shore and seabed
to itself (out to the 200 nautical mile zone). Section 13.1 Blocks the ability
for tangata whenua to claim native title. Parliament alienates an inalienable
right and enacts the Act with the Royal Assent by the NZ Governor General
38
despite a protest by 20,000 tangata whenua and pakeha outside Parliament
building.
7.271 2004 Aquaculture Reform Bill: Section 61(4) blocks any person from using
any NZ court or tribunal from inquiring into the validity of the Act. The bill
was rushed through Parliament. Tangata whenua will receive 20% of
aquaculture management area’s (from 100%). The Bill does not allow for
customary aquaculture development or values.
7.272 2004 Ruawaipu protest to the NZ Parliamentary Select Committee against
Maori Fisheries Act 2004 and Aquaculture Reform Bill (ignored).
7.273 2004 Ruawaipu and whanau a Tapaeururangi erect an aquaculture hatchery
at Potaka under customary law to grow and replenish depleted stocks in the
sea. Maori Land Court sends in its constabulary and enforce trespass on the
Ruawaipu Tribal Authority members for “defying the law” (same colonial
practice on Ruawaipu as the Native land Court in 1878). Gisborne District
Council, Ministry of Fisheries and Parliament try to force the hapu to
comply. Police arrest hapu members. The Human Rights Commission
ignores complaints. Governor General fails to intervene under section 27 of
Te Ture whenua Act 1993. The Minister of Maori Affairs fails to inquire
under section 29 of Te Ture Whenua Act 1993.
7.274 2005 January: Ruawaipu request secondment from the TPK to relieve them
of prejudices and develop an infrastructure for the development of health,
housing, employment and education. (Ignored).
7.275 2005 March: Ruawaipu, Uepohatu and Te Aitanga –a- Hauiti protest at
Gisborne Airport against the Crown and TRONP negotiations over foreshore
and seabed.
7.276 2005 March: Exploration and mining permits issued by government to
oversees companies to explore the East Coast, Raglan and Taranaki.
7.277 2005 Resource Management Amendment Act: Section 36A (1)(a) gives
power to a local authority and an applicant for resource consent of no duty to
consult with tangata whenua. (The Act still Binds the Crown?).
39
8
The result of prejudice
8.1
The It is alleged that because of specific Crown Acts, legislation, ordinances,
proclamations, regulation, policy, practices and omissions Ruawaipu have
been adversely affected, discriminated and prejudiced against in the
development of their political, economic, social and cultural well being by
way of;
a.
The denial, and attempted alienation of Ruawaipu interests of their property
and customary rights over their natural resources.
b. The great economic benefit and power taken by the Crown through the abuse
of Crown Acts, legislation, ordinances, proclamations, regulation,
policy, practices and omissions.
c. The Crown UK failing its feudal duty to protect the tino rangatiratanga of
Ruawaipu territorial lands, forests, fisheries and other taonga.
d. The Crown UK failing its duty to act honourably, reasonably and with
justice to protect the tino rangatiratanga of Ruawaipu territorial lands,
forests, fisheries and other taonga.
e. The loss of Ruawaipu “tikanga” (cultural values) and spiritual sustenance.
f.
The unjust prohibition of Ruawaipu customary law.
9
Irreversible Prejudice
9.1
The Claimants say that there are irreversible prejudices because of Crown
Acts, legislation, ordinances, proclamations, regulation, policy, practices and
omissions, in particular
a.
Unrecoverable matauranga, kawa, whakapapa, moteatea,
whakatauki, waiata, wairua tapu and he taonga tuku iho of their
tipuna
b.
The Crown (UK) and Privy Council had withdrawn from its duty to
actively protect and Ruawaipu te tino rangatiratanga.
40
c.
The Crown (NZ) has placed upon itself with no authority the
ultimate power to breach the principles of natural justice by blocking
Ruawaipu in the NZ courts or tribunals from challenging certain
Acts by the Crown NZ.
d.
The Crown (NZ) has placed upon itself the ultimate power to
oppress Ruawaipu into minimal monetary compensation as
settlement causing forced cession.
9.2
The Claimants say that compensation is irreversible and not justice.
10
Relief
10.1
The Claimants seek relief and redress from specific Crown Acts, legislation,
ordinances, proclamations, regulation, policy, practices and omissions.
11
Recommendations
11.1
That the Waitangi Tribunal find this claim to be well founded.
11.2
That the Crown (UK) reverse the prejudice.
11.3
That the Waitangi Tribunal inquire into the following, but not limited to;
a.
Did the Act, legislation, ordinance, proclamation, regulation, policy,
practice or omission breach the principles of the Treaty of Waitangi
1840?
b.
Did the Act, legislation, ordinance, proclamation, regulation, policy,
practice or omission breach the principles of Te Tiriti o Waitangi?
c.
Did the Act, legislation, ordinance, proclamation, regulation, policy,
practice or omission breach common law?
d.
Did the Act, legislation, ordinance, proclamation, regulation, policy,
practice or omission breach customary law?
11.4
That the Waitangi Tribunal commission an Independent Report on the
alleged breaches of various Crown Acts, legislation, ordinances,
proclamations, regulations, policy, practices and omissions.
41
11.5
That the Historian commissioned write and inquire into the alleged breaches
of Crown Acts, legislation, ordinances, proclamations, regulations, policy,
practices and omissions, in particular;
a.
What was the intent?
b.
Who and what parliamentarians supported the intent?
c.
Was the intent fulfilled?
d.
Was there consultation and informed consent of the intent, and by
who?
e.
Was the Crown UK aware of the Intent?
f.
Did the Governor General consult and warn Her Majesty’s
Ministers?
11.6
g.
Who were the Crown Agents that carried out the intent?
h.
What was the intent of the Treaty of Waitangi?
i.
What was the intent of Te Tiriti o Waitangi?
That the Historian also research into the following, but not limited to;
a.
1845 New Zealand Militia Act:
b.
1852 Bank and Bankers Act:
c.
1854 Wastelands Act:
d.
1854 Public Reserves Act:
e.
1856 Provincial Wastelands Act:
f.
1856 Land Claims Settlement Act:
g.
1862 Colonial Defence Act:
h.
1865 New Zealand Settlements Amendment and Continuance Act;
i.
1867 Armed Constabulary Act:
42
j.
1896 Poverty Bay Lands and Deeds Registration Act:
k.
1902 Land and Deeds Registration Districts Act:
l.
1908 Deeds Registration Act:
m.
1908 Arbitration Act:
n.
1908 Land Titles Protection Act:
o.
1908 Public Bodies Leases Act:
p.
1910 Education Reserves Amendment Act:
q.
1915 Land Transfer Act:
r.
1926 Forests Amendment Act:
s.
1926 Local Bodies Loans Act:
t.
1931 Land Laws Amendment Act:
u.
1932 New Zealand Expenditure Act:
v.
1943 Servicemen’s Settlement and Land Sales Act:
w.
1948 Aliens Act:
x.
1948 Forests Amendment Act:
y.
1950 Legislative Council Abolition Act:
z.
1952 Land Settlement Promotion and Land Acquisition Act:
12
Particulars
10.1
The Claimants ask for permission to amend this claim if necessary.
12.2
That this claim is heard at Hinerupe Marae, Matakaoa-Te Araroa, East Coast
Gisborne.
43
12.3
The Claimants believe all affected parties of the Tribunal East Coast Inquiry
District should be notified of the claim in particular;
a.
Bob Kaa, Ruawaipu Tribal Authority Chairman, 22 Mangaharei
Street, Ruatoria.
b.
All claimants in the Wai 900 Inquiry.
c.
Her Majesty Queen Elizabeth II, SW1A 1AA, Buckingham Palace,
London, England.
d.
The Executive Judicial Committee of the Privy Council, Privy
Council Office, Downing Street, SW1A 2AJ, London.
e.
The Secretary General, United Nations, Palais de Nations CH-12
11, Geneva 10, Switzerland.
f.
The Indigenous Peoples Forum United Nations, Palais de Nations
CH-12 11, Geneva 10, Switzerland.
g.
Dame Silvia Cartwright, Governor General, Government House,
Wellington.
h.
Crown Law Office, P O Box 2858, Wellington.
i.
Rt Hon Helen Clarke, Prime Minister, Parliament Buildings,
Wellington.
j.
Rt Hon Winston Peters, Parliament Buildings, Wellington.
k.
Rt Hon Parekura Horomia, Minister of Maori Affairs, Parliament
Buildings, Wellington.
l.
Hon Koro Wetere, Te Ohu Kai Moana, P O Box 3277, Wellington.
m.
Shane Jones, Te Ohu Kai Moana, P O Box 3277, Wellington.
n.
Sir Paul Reeves, Tuhono, PO Box 9540, Hamilton.
o.
Sir Graham latimer Crown Forestry Rental Trust, PO Box 2219
Wellington.
p.
Hon Tariana Turia, Parliament Buildings, Wellington.
44
q.
Dr Pita Sharples, Parliament Buildings, Wellington.
r.
Hon David Benson Pope, Minister of Fisheries, Parliament
Buildings, Wellington.
s.
Hon Dr Michael Cullen, Attorney General, Parliament Buildings,
Wellington.
t.
Prof Margaret Mutu, Auckland University, Private Bag 92019,
Auckland.
u.
The Inland Revenue Department, PO Box 39050, Wellington.
v.
The Ministry of Maori Development, PO Box 3943 Wellington.
w.
The Ministry of Justice, PO Box 180 Wellington.
x.
The Ministry of Foreign affairs and Trade, Private Bag 18901,
Wellington.
12.4
y.
The Ministry for the Environment, PO Box 10362, Wellington.
z.
The Department of Conservation, PO Box 10420, Wellington.
The Claimants wish to notify the Tribunal that as of right they wish for their
own legal aid monies, to adequately prepare and represent their claim
without influence or prejudice by the Parliaments Crown Law Office.
12.5
The Claimants wish to notify the Tribunal that they have Petitioned to Her
Majesty’s Representative the NZ Governor General to counsel Her
Excellencies Ministers for such appropriation of monies, or to counsel Her
Minister of Finance that he may be encouraged to make good and exercise
his discretionary powers pursuant to s 3(1) of the Finance Act 1989 and
approve expenditure out of the Public Account.
12.6
The Claimants wish to notify the Tribunal that the Governor General has
failed to reply, despite Tax for such purposes being collected by Parliament
from the Tairawhiti district. (That Claimants claim belong to Tairawhiti
hapu).
45
12.7
The Claimants wish to notify the Tribunal their Legal Counsel is via Te
Tangata Whenua Sovereign Council’s Sovereign law Office.
12.8
The Claimants will notify the Tribunal (without delay) who their specific
Lead Legal Representative is, when Parliament relinquishes legal aid monies
to the Sovereign Law Office.
Signed ---------------------------------------------------Jason Koia uru-te-rangi [claimant]
175 Tyndall Road, Gisborne, NZ.
Signed --------------------------------------------------Reg Akuhata Rangihuna [claimant]
29 Huxley Road, Gisborne, NZ.
46
Appendix
1. “All dealings with all the Aborigines for their lands must be conducted on
the same principles of sincerity, justice, and good faith as must govern your
transactions with them for the recognition of Her Majesty’s sovereignty in
the Islands. Nor is this all. They must not be permitted to enter into any
contracts in which they might be the ignorant and unintentional authors of
injuries to themselves. [Instructions Lord Normanby to Consul Hobson 14
August 1839].
2. The Queen of England agrees to protect the Chiefs, the sub-tribes and all the
people of New Zealand in the absolute exercise of their chieftainship over
their lands, villages and all their treasures. [English translation: Article II
indigenous version of the Treaty of Waitangi 1840].
3. “That nothing in the said charter contained shall affect or be construed to
affect the rights of any aboriginal natives of the said colony to the actual occupation or enjoyment in their own persons, or in the persons of their
descendants, of any lands in the said colony then actually occupied or
enjoyed by such natives” – [Queens Instructions s37, December 1840]
4. “Native customary rights continue unless and until they are extinguished
explicitly by statute and the natives freely consent to such extinguishment”
[The Queen v Symonds 1847]
5.
“ And whereas it may be expedient that the laws, customs and usages of the
Aboriginal or Native inhabitant of New Zealand, so far as they are not
repugnant to the general principals of Humanity, should for the present be
maintained for the Government of themselves, in all their relations to, and
dealings with each other, and that particular Districts should be set apart
within such Laws, customs and usages should be observed.” [s71 New
Zealand Constitution 1852 (Imperial)]
6.
“Every title shall not have been extinguished, shall be determined according
to the ancient custom and usage of the Native people” [1865 Native Rights
Act 1865]
7. “The doctrines of Feudalism, English Law or Civil Law cannot influence
upon the lands (territories) to which the Maori of New Zealand own
according to their customs and usages” [Fenton 1870].
8. “Maori customary law enjoyed legal status in the European Colonial courts
in NZ, in the absence of any statute indicating otherwise, that statute being
enacted by the native inhabitants themselves” [ (Lord Phillimore Privy
Council) Hineiti vs The Public trustee NZ 1901].
9. “The Privy Council held that Indigenous customary Law to be enforceable
legal rights in the ordinary Courts, irrespective of whether or not the Treaty
of Waitangi or the Principles have been expressly incorporated in to
legislation”- [Oyekan v Adel ].
47
10. The Privy Council viewed that Crown title was not the exclusive source of
title in NZ [S. Franks 2004]. The issue of Crown grant did not amount to the
extinguishment of the native title, the native title being full rights powers
and privileges prior to the Treaty of Waitangi. The Crown lacked
unreviewable prerogative power in relation to the native title [Tamaki vs
Baker 1901]. This native title was found to still be unextinguished [NZ
Court of Appeal June 2003 – Marlborough Sounds Case].
48