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Nga Tiikanga Maori Law Society ane.)

o Aotearoa (NZ)

"J.E.H. (Murphy) Mapiria" "Tumuaki"

Specialist in:

Maori Customary Law Maori Lore

Maori Constitutional Law

Te Ture Whenna Criminal/Civil/Land Law InternationaIIN ational Constitutional & Statutory/Mandatory Law Crown Law (UK)

Senior Lecturer

Appointments Imperative:

Registrar Ph: (09) 438 - 6627 CeJI Ph: (021) l5~-Sl-5~- 9

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Certified Original Copy

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2000/1.

Mao"; Incorporations Constitu.tion RegulailolJs Act 2000.

FOR ADOfTION WON lNCQRPORATlQN

Native/Aboriginal Title. (Territorial)

He W(h)akaputanga Ole Rangatira 0 Nu Tiran; (281h October 1835.).

MtWri Version

1. Ko MaiDa Ko Nga Tino Rangatira 0 Nga Iwl 0 Nu Tirani. I Raro Mai 0

HauraklKua Oti.Nei Te Huihui hI Waitangi I Tokerau 28 0 Okatopa 1835, Ka W(h)akaptupu 1 t» Rimgaiiratanga 0 To Matou Te Nua A s« Memia Kit W(h)akaputa Ia E Matou He W(h)enua' Rangatira Kia Huaina "Ko Te W(h)akamillenga 0 Nga Hapu 0 Nu Tlrani;

2. Ko t» Kingitangll Ko t» Mana I Te W(h)enua 0 re W(h)akamwnga 0 Nu

Tirani Ea Memio. Nei Kef Nga "Ttno Rangatiratanga" Anake 1 To Matoti Huihuinga A s» Mea Hoki E Kore E Tukua E M_atou Te. W(h)akarite TUI'e.y Kite Tahi Hunga st AlII; Mete Tahi "KawanaJanga" Hoki Kia Meatia lie W(h)enUQ. 0 Te W(h)akaminenga 0 Nu Tiran;' Kn Nga Tangata AnakeE Meatia Nei E Matou E W(h)akarite Alia Kite Ritenga 0 0 Matou Tun -E Meatia Nei E Maiou I To Matou Huihuinga.

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3.· Ko' MI&~lif.:Nga ... ' "Tina Rangatira" Eo. Mea Nei Kia H uihui Ki Te Runanga

Ki Waitangi A' t» Ngo. Huru I Tend Tau I Ten; Tau Xi W(h)akarite Ture CUJ Tika Ai Te W(h)CikawaJumga Kill Mau Hu.i Te Rang» Kia HuJu Te He Kia Tika Te Holwhoko. AKa MeatitiHokiKinga Tau Iwi 0 Runga si« W(h)akarurea Te Wawai. Kia Mahara Ai Kite W(h)akaorilngo. 0 To Malou W(h)enua. A Kia ciru Tatou Ki Te W(h)akaminenga 0 Nu Tiran;"

4. Ka Mea Maiou Kia Tuhituhia He Pukapuka Kite Riienga a Teni 0 To Matou

W(h)akaputanga Ne; Kite Kingi 0 Ingarani Hei Kawe Atu Ito Maiou Aroha Nana Hoki I W(h)akoraile Kitl! Kara MoMa/Ou A No Te Mea Ka At¢w(h)ai Malou, Kaitiaki I Nga Pakeha E Noho NeJ J Rito 1 ReriMai Ana Kite Hokohoko; Kua KaMea Ai Malou Kite $ingi Kia Waihi Hei Maiou Kia Matou Ito Maiou Tamarikiumga He; W . (h)akakahordia To Ma.to" Ra~gatfratanga.

Kua W(h)akaena Katoa Tia E Malou I Tenei Ra Ite 28 0 Okatopa 1835 Kite Aroaro ate Reirenl¢ Ote Killgi Olngaraani.

(Copy /Uglta R~erved IJy .1.E..1I. (M~rphy) Mapiritz. 1998)

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200011,

MaI)rllncorporaiio"s Constitlldon RegulatioN Act 2000.

FOR AOOPTtON vPON INCORtORATION

Native/Aboriginal Title. (Te"itorial)

Declaration 0/ Independence:

. (28th October 1835.)

He W(h)akaputanga 0 Te Rangatiratanga 0 Nu Tirani.

Elfglis!' Version

I. We, the hereditary Chief~ and Heads of the Tribes of the Northern Parts of

New Zealand, being Assembled at Waitangi, in the Bayof Islands, On this 28th day of October 1835, Declare the Independence of Our Countryf' which is hereby Constituted and Declare to be an Independent State, under the Designation of ' 'The United Tribes ()f Nt!'ItJ Zealand.

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2. All Sovereign Power and Authority within the Territories qf "The United

Tribes of Nt!W Zealand is hereby Declared to Reside Entirely and Exclusively ill the hereditary C'hiej>; and Heads of the Tribes in their Collective L""apaciry, who also Dec/are that they will I, Not Permit any Legislative Authority Separate from themselves in their Collective ClJ.padty to Exist", nor "Any Function of Government to be Exercised within th« said Territories", "Unless by Persons Appointed by them 'I, and "Actingunder fb.e Authority of Laws Reglilarly Enucted by (hem in Congress

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3. The hereditary "Ouefs' and Heads (if the Tribes Agree to Meet in C(Jngren at

W(Jitangi in the Autumn" of each year, for 'The Purpose of Framing Laws for the Di~pensiltiiJ~ of Justice", "The Preservation of Peace" and "Good Order", and the

.. Regulation of Trade", and they cl)rdially invite the South em Tribes to lay aside their private animosities and to consult the safety and welfare of our Common Country. by ioining "The Confedt!rati()flo/rhe United Tribes".3

4. They also Agree l() Send a Copy of this Declaration to "His Majesty the King

of England", 10 thank him for "His Ackn()'Wledgem~t1.tof their Flag ": and in "Return (or the Friendship and Protection I, they have shown, and are prepared to show, to such of t'Hi ... SUbjects as have Settled ill their Country", or II Resorted to its Shore." for the Purposes of Trade", they "Entreat that He will Continue to be the Parent of their Infant Stale", and that "He Will Become Its Protector" from "All Attempts Upon Its I ndeepen dence

Agreed 10 UntutimoliSly on this 28th day of October 1835, in the presence of His British RnitknL

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2000/1.

Maori Incorporations Con5ritution Regulations Ad 2000 .

. fQRAPOPIION UPON INCORPORATION

N ative/ Abo riginal Title

(Territorial) .

The Britb:h Crowns Feudal (Protectorate) Tide of New, Zealand

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Declaration of Independence (28th October 1835.)

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-Extract ofa Despatch from- "Lord Glenelg". to

Major-General "Sir Richard Bourke".

New South Wales Dated 25th May 1836. Place: Downing Street.

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'I have received a letter from Mr Busby (British Resident in New Zealand) enclosing a copy of a Declaration made by the Chiefs of the Northern parts of New Zealand, setting forth the Independence of their Country; andDeclarhig the Union= (Incorporation) of their respective TribeS into One State,under the designation of United Tribes of New Zealand.

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'I perceive that d,l(;!:Chiefs at the same time carne to the Resolution to send a coPy of their Declaration t~i~ajesi)'''{King William.) to thank him for his Acknowledgement of their Flag,and to 'Entreaf"that. In Returrn for:-

(a). "The Protection and Friendship" whioch they have shown, and are

. prepared to show.

(b) To such "British Subjects" as have settled in their Country or Resorted to its shores.

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(c) (d)

For the "Purposes of Trade".

"His Majesty" will continue to be "The Parent" of their "Infant

State". .

(Copy RiJ;,h.q R£lIervcll by J.E.lJ.{Mu.rphy) Maplrla. 199'1.)

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2000/1.

Maori Incorporations Constitution Regulations Act 2000.

FOR ADOPTION UPON. INCOBPORA TION

NativeiAboriginal Title (Territorial)

The British Crowns Feudal (protectorate) Title

Declaration of Independence '. (28th October 1835.)

Extract of a Despatch from:- "Lord Glenelg". to

Major-General "Sir Richard Bourke", New South Wales

Dated 25th May 1836. Place.Downing Street ..

{centin ued)

( 2)

"Its (External) Protector".

Ff9jfl';·'AII Attempts On Its Independence". :::~"";::.; .. : .,:~; .•. ,.

With reference to the desire which the "Chiefs Have Expressed" on this occasion'-

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(g)' . To. "Maintain a Good Understanding' with "His Majecty's Subjects", it would be proper,

(h)' That "They should be Assured, In His Majesties Name".

(i)

That "HeWiJI Not Fail to Avail Himself of Every Opportunityof Showing His Good Will".

(j)

And of fI Affording to those Chiefs such Support and Protection as may be Consistent with a due regard to the Just Rights of others".

And to "The Interests of His Majesties Subjects".

(k)

(Copy RightsRell~h'cd by J.E..H. (Murphy) Mapiria. .998.)

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British Crown Te Tiriti 0 Waitaangi Intention.

Standing Orders in Council"

Annesatlonof New Zt:4.b.nd· to New South. Wales·

Instructions from th~ Seeretary of state for War and Coloaies, Lord. NormaDby~ to Captain Hobson, recent appointed H.M. COD!lul at New Zeals.nd, Dated 14 August1839 ..

. . A very considerable Body of-:H-er-ft1ajestTs-~nbjects"liave--alreadyesta:blished their residence and effected Settlements there" and that numy persons in this Kingdom have formed themselves into a Society, having fur its object the acquisition of'land, and the removal of Emigrants, to those islands. Her Majesty's Government have watched these proceedings with attention and wli...ritude.

We have not been insensible to the importance of New Zealand to the interests of Great Britain in Australia, nor unaware of the great natural resources by which that Country is distingulshed, or that its geograpbical position must in seasons, either of peace or of war, enable it, in the hands of Ci1,(ilized men to exercise a paramount influence ill that quarter of the globe. There is probably no part of the earth in which Colonization could be: effected with a greater or surer prospect of national advantage.

On the other hand, the Ministers of the Crown have been restrained by still higher motives from engaging in such an enterprise,

. Tkey -have deferred to the advice of the Committee appointed by the House of Commons in the year 1836, oo,~ into the state of the Aboriginesresid1ng in the vicinity of our Colonial Settlements; aiTd ha¥! coociITed with that Committee in thiriking that the increasc::of national wealrh and plwerpromisccfby the acq:uisition of'NewZeeland, would be a most inadequate compensation forthe injUry which must beiaflicted on this Kingdom itself; by embatkin$ in a measureessentiaIlyunjust, and but too eertainly (raught wi.th ~alamity to a numerous and iDoffensive pe.:.ple, whose title to the soil and to the·SovereijWty of New ~land is

. indisputable9 and has been solemnly.reCognized. bytbe British Govemmeat.

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We retain these opinions in unimpaired force; and though eireamstanees entirely beyoad our control b,avc at leDgt~compened us to-alter our course, I do not scruple to avow

tbat we depart fro. it with extreme reillctaa.ee. . . .

The necessity for the interposition ,,{'the Government has however become too evident to, . admit o-f $iy fiJrthel inaction, The reportS which.have ~ this {)ffi.ce within the last few . months establish the facts that. about the commencement of the year 1838 a &dy

of not less than two thousand British Subjects had become:.pernument inhabitants a/New Zealand,·thtit amongst tksm were many persons of bad or doubtful character-i:onvicts who had fled /romOUf penal Settlements, or Seamen Who had deserted their ShipS; and that these people, unrestrained by aT1J Law, imd amenable to no tribunais; were altunately the authors and the . victims of every species of Crime-and autrage. II furthet 'appears that extensive cessions of Land

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British Crown Te Tiriti 0 Waitaangi.Intention, "<,

Standing Orders in Council

have been obained from the Natives, and that se.veral hundredpersollS have recemlysailed from. this Country to ot.:cupy and cultivate these Lands. The Sp~I"U of ativt!nl.ure having been thus effectually roused, it Carl no longer be doubted that an extensive Settlement of British Subjects wiIJ. be rllpidly established in New Zealand; and thai, unless protected and restrained by necessary Laws and Institutions .. they will repeat, unchecked, in tha: Canter of the Globe, the same process of War and spoliation, under which uncivilized Tribes have almost invariably disappeared as often as they have been brought into the immediate vicinity of Emigrants from

tbe Nations of Christendom: .

To mitigate, and, if possible, to avert these disasters, and to rescue the Emigrants. themselves from the evils of a lawless state: of Society,. n bas been resolved to adopt the most. effective measures for establishing amongst them a settled form of Civil Government. To accomplish this design is the principal object of your :Mission.

I have already stated that we acknowledge New Zealand as a -Sovereign and independent State, so far at least as it is possible to make that acknowledgment in favor of ~<_ people composed of numerous, dispersed, and petty Tribes, who possess few political relations to, each other. and are incompetent to act, or even deliberate, in concert.

But the. admission of their rights, though inevitably qualified by this consideration, is binding on the faith of the British Crown.

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The Queen, in common with~Her Majesty's immediate Predecessor, disclaims for b~rse,lf and for her Subjects, every pretension to :seize on the Islands of New Zealand, or to govern them asa.part of the Dominion of GreatBritafn, unless the free and intelligent consent of the Native~ressed accwding to their established usage's, shall be first obtained. Believing however that their ~ weJftre would, under the circumstances I have mentioned, be best promoted by the surrender to Her Majesty of a right now so precarious and little more than

nominal ~d persuaded that the benefits of British protection. and 0/ Laws administered by

British Judges woUld far more than compensate for the sacrifICe by the Ntdives of a national

independmce which they are 110 longer able to mUintain, Her Majesties Government have

resolved 10 authorize yon to treat with the Aborigines of New Zealand for the recognition of Her Majesty's Sovereign authority over the whole or any parts of those. Islands which they may IX: willing to place under Hei Majesty's Dominion.

lam not unaware of the difficulty by which such a Treaty may be encountered. The motives bY which it}s recommend~ are of course open to suspicion. .

It is not however to the mere recognition of the Sovereign authority of the Queen that your endeavors are to be confined, or your negotiations directed.

It is further necessary that the Chief.s should be induced, if possible, to contract with you, as representing Her Majesty, that henceforward no Lands shall be Ceded either gratuitously or otherwise, except to the Crown of Great Britain.

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British Crown TeTiriti O Waitaangi Intention.

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Standing Orders in Council

3

Dlntemplating the future growth and. extension of a British Colony in New Zealand,. it is an object of the first importance that the alienation of the unsettled Lands within its limits should be conducted, from.its commencement, upon that system of Sale, of'which experience has proved the wisdom, and the disregard ofwhich bas been so fatal to the prosperity of other British

Settlements. .

You will, therefore, immediately on your arrival announce by a Proclamation addressed to all the Queen's Subjects in New Zealand, that Her Majesty will not acknowledge as valid any title to Land in that Country which is not either derived from, or confirmed by, a Grant to be made in Her Majesty's name, and on her behalf.

You will however at the same time take care to dispel any apprehensions which may be created in the minds of the Settlers that it·is, intencted. to dispossess the owners of any property which has been acquired on equitable conditions, & which is not upon a scale which must be

prejudicial to the latent interest of tOO community. '

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I shall in the sequel explain the relation in which the. proposed Colony will stand to the Government ofNew South Wales. From that relation I propose to derive the resource necessary for encountering the difficulty I have mentioned.

The Governor of that Colony wil4 with-the advice of the Legislative Council be lnstructed to

. appoint a legislative Commission, to investigate and ascertain, what are the Lands in New Zealand he14by British Subjects under Grants from the Natives, how far such Grants were lawfully

, acqUired, and ou_ to be respected-+end what may have been the price or other valuable .

considerations-.gfVenfor them. Tlld Commissioners will make their Report to the Governor, and it. will then be decided '~him./t!ow far the Claimants or any of them may be entitled to confirmatory Grants from the Crown; and on what conditions such confirmatioDS oughl to be made.

tit (Pre-Emption.. Artid« II) *

Having by these methods obviated the dangers of the acquisition of large tracts of Country by mere Land jobbers, it will be your duty to obtain, by fair and equal contracts with the Natives, the Cession to the Crown of such Waste Lands as may be progressively required for the occupation of Settlers resorting to New Zealand, All such contracts should be made by yourself: through the intervention of an Offi(;et expressly appointed to watch over the interests of the

. Aborigines as tfu=ir Protector, .

The resale's of the first purchases that may be made, will provide the Funds necessary for future acquisitions; and., beyond the original investment of a comparatively small sum of money, no other resource will be necessary for this purpose. I thus assume that the price to be paid to the Natives by the'loci! Goveniment wlllbear an exceedingly small proportion to the price fur which the same Lands will be resokiby the Government to the Sett:1U:t.

Cpoy Rights Reserved to Nga Tikangri M(lOri Lmll S(H;iety Inc 0 Aoteoroa. (HZ)

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British Crown Te Tiriti 0 Waitaan~i Intention. ~~ Standing Orders in Council

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Nor is there any real ir:ijustice in this inequality. To the Natives or their Chiefs much of the Land of the Country is of no actual use, and; in their hands~ it possesses scarce1y any exchangeable value.

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Much of it must long remain useless; even in the hands of the British Government also but its

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value in exchange will be first created, and then progressively increased, by the introduction of

Capital and of Settlers from tms Country, In the benefits of that increase the Natives themselves" will gradually participate.

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All dealings with 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 tbe ignorant and unintentional authors of injuries.to themselves.

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You will not, for example, purchase fromthem any Territory the retention of which by them would be essential, or highly conducive, to their own comfort, safety or subsistence. The-acquisition of Land by the Crown for the future Settlement of British Subjectsmust be confined to such Districts as the Natives can alienate without distress or serious inconvenience to themselves. To Secure the observance of this rule will be one of the first duties of their official protector ....

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2000/1.

Maori Incorporations Constitution /?f!gulatioltS Act 2000.

FOR ADOPTION UPON INCQBPQRA not:[

The Native/Aboriginal Title (I'emtoria/)

Te Tiriti 0 Waitangi. (6th February 1840.) Maori Version

KO 1flKITORL4., Te Kuini 0 Illgaran; 1 Tana Mahldll Atawai Xi Nga Rangatira Me Nga Hapu 0 Nu Tirani, I Tana Hiahia Hokl Kia Tohungja Kia Rath" Rangatira, Me to Ralau W(h)enua, A Kia Mau Tt>nu Hok; r« Rongo Xi A Ratou Me Te Ala Nolro Hoki, Kua W{Il)akaaro fa Be Mea Tlka Kia Tukua Alai Te TahiRangatira Hei ][a; W(h)akarite Xi Nga Tangata Maori 0 Titani. Kia W(h)akl'lae. n« E Nga Rangatira Maori TeKawanalanga 0 Te K_uini, Ki Nga Wah; Katoa Die W(h)enua Nel Me Nga Motu. Nil Te Mea Hoki He Toko Maha XeNga Tangata 0 Tona /wi Xua Noho Xi

Tenet W(h)enua, A E Haer« Mal Ni?i. .

Na; Ko T~ Euin; E lIialtiaAna CUI. W(h)akai'itia Te-KQw~natanga~ KUI Ka,ua AiNga . Kino E Puta Ma; Kite TangataMtwri Kite Pakeha E Noha Ture Kore Ana.

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No., Kua Pai Te Kuini Kia Tukua Ahau; A WlREyuHOPWONA. He Kapitana lte. Roiar« Nawa; Htt; Kawana Mo Nga Wahl KatlJa 0 Nu Tirani E Tukua Ai Anei Amua Atu Kite Kuini; E'Mt!4 Atu Ana Ia Xi Nga Rangatira Ote W(h)akaminenga 0 Nga Hap« 0 Nu~'fJ'~;' Me Era ~angatira Atu; Ene/Tare Ea Korero Tia He/.

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Kote Tuatahi

s» Na RangatiraOte W(h)akaminenga, MeNga R4IIgatira Katoa Hoki, Xi Jloi 1 Uru KI Taua W(h)akaminenga, Ka Tuku Hawa Atu Kite KubJi 0 Ingarani Ake Tonu Atu Te Kawanataligtl Katoa 0 0 RatouW(h)enua.

Kote Tuarua

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. Ko Te Kuini 0 IngaMni Ka W(h}akorite Ku W(h}aka AoKi Nga Rangati~·Ki Nga Hap~ KiNga T(1nt/(lJa Katoa 0 Nu Tirani; "Te Tin.o Rangatiratanga" 0 0 Ralou W(h)enua 0 RaiDu Ellinga Me 0 Ratou Toonga Katoa. Oli Ia Ko Nga Rangotira Ole W(h)akaminenga Me NgaRangqtira Katoa Atu, Ka Tuku Kite $ujni Te Hokonga 0 Era·Wah; W(h)enua, Kite Ri/enga OteAtu E W(h)akariteaAi E Ratou Kote Kai Hoko E Meatiiz Nel E Te Kuini Hei Ita; Hoko Mona.

(Copy Rlghb R~ hi J.E..1L(Mtll'JllIy) MIIJIl1'io.. J998J

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1000/1.

Maori Incorporations Constitution Regulations Act 2000.

..

FOR ADOPTION UPON INCORPORATION

Native/Ahoriginal Title (Territorial)

...

Te Tiriti 0 Waitangi. (6th February 1840.)

. Maori Version

•

Kote Tuatoru

Hei W(h)akaritenga Mal Hoki Tenei Mote W(h)akaaetanga Kite Kawanatanga Ote. Kuini 0 Ingarangi Nga Tangtita Maori Katoa 0 Nu Tirani; Ka TWcUQ Kia Ratou Nga Tikanga Butoa Rite. Tahi KmgaTangataO Ingarani.

•

Na, Ko Matou, Ko Nga Rangatiro Ote W(h)akaminenga 0 !Vga Hapu 0 Nu Tirani, Ka Humu; Nei Ki Waltangl. Ko Matou Noki Ko Nga Rangatira ONa Tlranl; Ka Kite Nei I t» Ritenga 0 Enei Kupu, Ka Tango Hia, Ka W(h)akaaetia KaJoQ. Till 0 Matou.. Kola ~"(l Tohungi« AlO Motou lngoa Malo" Tohu.

..

Ea Mellila Tenei Ki Watangi, Ite Ona 0 Nga Ra 0 Pepuere, Ite Tau Katah; Mano, E

Waru RIlU,. E WaTeka~ 0 To Tatou Ariki. .

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2000/1.

Maori incorporations Constitution RegulatlollS AC11000.

FOR ADOPTION upON ]N!:ORPORAIION

The Native/Aboriginal Title

. (Non-Territorial)

Te Tiriti 0 Waiiangi (6th ·February 1840.) .

Maori to English Translatlon.t illJeTp1'f!.tlltioli and Legal Understatf.ding.

VictOri~, the Queen "f England ill ber toncern to Protect The Cbiefs and tbe Sub-Tribes of N~w Zeliland in her desire and to preserve to them their Chidtaiwdtip.llDd their Land and to mai .. tain continuaUy abo the Peace to them and tbe quiet liviD, therefore ha! eO-liSidiered sbe a. thing right to gh:e a Cbief [Governor] one wb,o will arrange wjth the Maori People of New Zealand to reach an agreement between the Cbid'sfor the Government [Fiducial Duty or Trusteeship} of tbe Queeatn be upon all tbe places of tbil Land and the blands because also there are ma.n)· other people of 1kr Tribe \,,00 live and will live an tbese Lands, aDd arc :!It ill coming here. So tbe Queen desires to E;i;bUsb Her Goverument {Parliament of Westminster & House 0/ Lords] SO that No ;Evil will come to the Maori People from tbe. European Jiving on their [TheMaorl Chiefs] L.and~ witb(Jut La"tI.. 5(1 it bas pleased the Queen to allow me W.Jl..hlAM HOBSON a Captain in the Royal Navy to be <;O"'ernor for aU the places of New .Zealand to be recieved hereafter to the Queen and !I()'i!l making witb tbe Chiefs of the Confederation of the. Sllh- Tribes of New Ze;t.laJidand otber Cbiefs tbese Laws let out here,

{This hi The First

.~;"";

The Cbiefs Of the Confederation and tbe Chiefs all also who have not entered that Confederation give also Ab80luteIyto tbe Quttn of England for tbe Qwerrunent Parliament of Westminster & House of l{)ftk-aPrivy C"undlJ alJ of there Land. [Undu Fiducial Du/if!S o/Trusteeship and the Chiefl a/the TribesiDJ4Suh~Trlbes ojNew Ze.aland Exercised their Full Rights, Powers and Privi/-eges urukr Article 2 oj·TheDeclartJlion ojlndependerice 1835 (NZ).) (Refer Section ]53 of Te Ture Wherma Maori Act 1993.).

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[Thi:s is] The Second

The Queell of England arranges andagn:es.o give to tbe Cbiefs of aU the Sub- Tribes Of tb.e Maori Peopleof' New Zealand the Ullgu!1ified E~n:Ye gf their Cbie.ftaiIUhm over their La.ndj~ their

Villi ages and over AU tbeir Treasurers, [The Native/Aboriginal Title"'" He Taonga Tuku Iho] But on the otber band the Chiets of the Confederation and the Chiefs all will giYe to the QuteJl the Sak aad PurchaSe of those ParULaod [as) is Willing [to seill the penon OwniDg the Laud for the price agreedbetw_ them [viz. The Tribes, Sub-Tribes In ac_torchnce with Tikanga Maori/Maori CU$/omary Ownership Te.rnrre.jud the Purchase .. Appointed by the Quten [The Governor] as aD Agent Purchase ror Her. [Notwithstanding any Enactments of Statutes nor Regulations made by the Settlers &: lmmignints Parliament (HZ) in contravention with this Provision Shall he of any Force or Effect no." to be comtrued as 10 have Extinguished the Native/Aboriginal Title of any Part 07' Parts a/New Zealand}

(Cqpy IUgItts ~ iry .t.LH. (MNrp1tJ) MItpIrl& 19fJ1.)

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2000/1.

Maori Incorporations Constitution ReguladIJIJS Act 2000.

lOR ADOPTION UPON lNCOR1'ORATION

The Native/Aboriginal Title (f 'erritoriai)

T ~ Tiriti 0 Waitangi

, (6ch February 1840.)

Maori to EngHsh Translation, Interpretation wtdLega1. U"Je,.standing.

{This is] The Third

For the Arra..ngement therefore and (or the Agreement coucernlng rbe Government of the Queen All the Maori People ot New Zealand will be Protected by the Queen of Eneland and will give to them All the Riots :and Duties All in Equal Measure that apply Ilnd~r Her CODstitution to the r-eoole of Ene1and. [Equals;- The Rights and Duties to the Establishment ot.· Te Paramata Ttno Rangatiraf(1llga 0 Aotearoa or 'The Upper House afCrown. & Maori Legislative Privy Council (NZ)} (Refer Preamble, Sections 2, 3, 4, 5, Part XIIl, Sections 247, 150, 252, 253, 153A. 270, 27 J & 284193 and Section 268 (3) of section n of Te TUI'e Wherma Maori Amendment Act 1994 and The Maori Incorporations Constitutions RegrJatjons 1994"" any provis Jon of the Act or Regulations may be Altered, Added to or Rep/aced]

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[Signed) William Bob!On, Consul and Lieuteeaet-Governor .

So we the Chids of the Confederation and Chiefs of tbe Sub-Tribes or New Zealand meeting here at .Wa,itaugi are therefore the Chiefs of New Zealand hSl"ing seen the 5bape of these words being

,accepted and agreed. all by us, thus recorded our names and marks. .

Do~ at Waitangi on the Si::rlh 0( the days of Feb mary Inthe ~'ear One Thousand, Eight· Hundred anifio~ Our .~rd.

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HRl/COR_f:/lI Add. 331Rev.2

page 11 .

n, GENERAL POUTICAL STRUCTURE

47. The supreme legislative body in New Zealand is the NewZealand Parliament which

comprises Her Majesty the Queen (who is usually represented by the Governor-General) and the

single-chamber, 120-member, House of Representatives. .

48. The principal functions of Parliament are:

(a)

To make laws and delegate law-making powers to the Executive;

(b) To scrutinize and control Government (annual grant of financial authority,

scrutiny of delegated powers and functions);

(c)

To provide a Government; arid

(d) To represent the people of New Zealand.

49. The Electoral Referendum Act 1991 provided for an indicative referendum on electoral

reform, The referendum was divided into two parts. The first part asked voters to choose between electoral reform or maintaining the existing first past the post system. The second part of the ballot asked votersto indicate which of four options for electoral reform they preferred .

. The majority of voters indicated a preference for electoral reform and for mixed member proportional representation (MJv1P).1vIMP was introduced after the second and final binding referendum held in conjunctionwith the 1993 general ejection.

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50. TheJiktc:toral Act. 1993 governs elecrionaincluding the implementation ofMMP.

Voters have a p~wote ~ an electorate vote under M:MP. The party vote enables the voter to . choose what party they would like represented in Parliament. As of June 2002, there were

21 registered political parties.' The electorate vote is for choosing a Member of Parliament (lvIP) to represent the voter's electorate.

51. Under the.M:MP system, there will usually be 120 :MPs. In the Parliament elected

in July 2002, 62 !vIPs represented. the 62 general electorates and seven Ml's represented the seven Maori electorates. The remaining 51 MPs were list :MFs. The boundaries of general and Maori electorates are reviewed every five years by the Representation Commission, which last met in 200 1. With respect to the Maori seats, it should be noted that under the Electoral Act 1993~ Maori have the option of being registered either as an elector of a Maori electorate oras an elector of a General electorate. Once a person has made their choice, the person cannot Change the type of roll they are registered on until the next Maori Electoral Option is held in five years time. The results of the Maori Electoral Option form the basis for calculating the Maori electoral population and affect the number of Maori seats that there will be for the next two general elections.

52. The Cabinet, all of whose members are elected members of the House of

Representatives, supervises the administration of government .. Cabinet, the public service and a

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HRl/CORE/1/Add.33/Rev.2 page 11

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number of bodies connected to Government form the executive. Generally, each government department has an appointed Minister as its political head. In addition, every department has a public servant as its administrative head.

53. The courts: which operate on an adversarial system) comprise the judicial branch of

government. . Currently, New Zealand's highest court is the Judicial Committee of the

. Privy Council, which sits in London as the final court of appeal for New Zealand. The I

Governmenthas made the decision to abolish New Zealand appeals to the Privy CounclJ. and .replace it wjtli a Supieine~6un1:i~(fiii WellingtCl:Q.. . The Supreme Court, subject to the necessary legislation being enacted, will therefore be New Ze2.12Ild~s highest court when it is established. The second highest court in New Zealand is the Court of Appeal, which hears the .

. vast majority of appeals. Below the Court of Appeal is the High Court, which is New Zealand' s only court of general jurisdiction. It hears the most serious jury trials and civil cases as well as administrative law cases.

54. Below the High Court are the District Courts. They deal with a large number of criminal

and civil cases and conduct some jury trials. The Family Court. a division of the District Court, deals with matters of family law. Disputes Tribunals (established as divisions of District Courts) deal with lower level civil disputes (other than debt recovery) by way of a simplified procedure .• In addition, there are a number of specialist courts and tribunals. In 1997~ the government of the day agreed to pilot a new judicial office in the District C curt - Community 'Magistrates. Community Magistrates are lay persons from local. communities who hear minor and mostly undefended criminal matters. They may exercise the usual range of sentencing powers except for imprisonment. An evaluation ofthe office was conducted in ::000. The Government is purienrly considering options for the future of the office.

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55. The c'ourt:t:~t as. curb on the power of the Governmentby ensuring tbat the

Government acts in accordance with the law .. However, in the New Zealand system of Government. Parliament is supreme. thecourts are bound by statute and cannot strike down the provisions of any Act of Parliament.

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56. The lav .. -s of New Zealand consist of:

(a) The common law; sometimes referred 10 as "judge-made law", which has been

developed by the. courts of England and the courts of New Zealand; .

(b) Statute law enacted by the New Zealand Parliament. Parliament's power to make

laws was preserved by section 15 (1 )rof the: Constitution Act 1986 .. Prior to the Constitution Act)

this Po~~.~~,A~Y:~.fro.lDth~.§.t~;tiiirm..w.~~Sie;:Adoptj~Ii"!\~,t ,~941: ~hl6Kgave the ...

New Zealand Parliament sole .a:utb~Jeglslatefud~~lamt.·.\ . . .

.............. _ ......... ~~~ ... ) r:'- ' ......... ".1 ~ .

(c) A small number of British Statutes and subordinate legislation which were passed

prior to 1947 are also declared to be pan of the laws of New Zealand by the Imperial Laws Application Actl988,

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The Sovereignty of the Native Assessors Court

JV'llh regard to recent COllU'lUnt by Acting AtllJrney General Margaret Wilson in respect of Legality for Miron to have Court and Native Assessors.

For one who claims dud they hllVe no written ConstUution are \those ~(J

doim that they are inJlld, ~ss. FqT evuything unconstitukd is ille.gal ,and tlurd(], tht! ilCfi.nggovulIm.ent of New Zenland, having no writkn constitution~ U Ilnlmtful And the [m.vg made by that Parliament are ilkgal.

Unlike J.l{llIJn to quote the words ofLo,d N/!rnumby Standing Orders of 1839, "Whose title ro the soil and to the Sovereignty of New Zealand is indisputabu and has been solemly recognised by the British Government" And, " ....... tAg admisaion of their Rights ...•.••••• is binding on tAe lJritbla CrOWll".

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Indeed it Was predicted in the 'i'relltJ that that!. wo1lld be need to prored a . numerous and inoffensive peoples from Her Majesty's subjects of bad 01' douhtful character whom, having fled Her Maje.sty's penal :settlements and, tUsuting their ships. had, for t/l.e purposes of tTade) rtsorted to the ahores of "New Ze_qJm,d, And 110, in conseqllenceofthe erime and outrage that such

-.pusons didinjlkt upon the /dhgi/om ofMaoriAtul,· .

So IJfJ to avert continuance of such evil consequences ofmch lawless state; as.expressed by Lord Normonby 'NidI consi.tlertitio" to thejindings o/the'

'Wutminster R' . en! House of Commons inquiry of1836- 1839 thflt;

" Maori mJlst~ /J,VermitUtlto enter into any contracb in whieh they.

might be the ignoraiiland Jtm.ntentional author's o/ui)uries to themselves.", ):" The crown of England e.n.tned intiJ a Tretdy of Protection with the People ' .

'l'tIl:lt.pl.\1. "Kith regard to terms of protection and ,epresenfqfion, Her Majdty up the role of Maori Trustee, over the Lllnds of AD the People Maori. The Preamhk of Te T1.riti 0 Woitnngi, to be very cUl11', cohlinue.d Al'tkk Foul' of The Dedort1lion oflndependenc~ witnessed by Britlsh Resident James Busby

. in 183J, .thefirst CiJnstitudonalActofStaU of A otearo a.

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Arti.ck One oj said treaty gave to the Queen Trllstee:thip of AlllanJs forever and right of occuptuion for tire Queen In esta/J/1ah Her Govet'nment in New Zealand, Artk1a 1Wo. & Th7'Be~ the ProUdion of RtmgaJUaiJmga for the Exehang«, of K awan.:atanga, made Amendment to the. afol'esaid _/irst Act of State granting to the Crown the first rightofpre-ejnption (first right of'purcluise and. first right ofreju:fol), with relation to the exthIguishmeJft a/the AhoriginaJ/ Native Tide:

.' And So, tOgedler, The Declaration oflndeptmtklJc~ 1835 & Te Tuiti 0 Waitangi .1840 are the written Ariicks of the 9onstituJion of Aotearoa. NtHhing to 00' with the New Zealand Company Parliament residing at Wellington, IIoth.ing at all.

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W"tth respect to Westminster Parliament Imperial Statute, tlu J852 Nt!W Zealand Government Act granted opportunity for representative govern- . mellt, to her Majesty's subjects, residing in New Zealand. That being so, tlU!fact of the maaer is; No inquiry was mades« lIS to ohtain consent ftom the. IntunaJ. SOllftreign. Holilbfg L~gis/.lJIiv~ Authorit;p Pul'~uant W,

Articles Two & Three df Te TlriJi 0 W aitangi Over, OUT Chieftianship, Our Lands, OUT Forests, OU.T Fisheries, Our Estates andAll other Treasures. Th.e Declaration oflndependenceJ8J5 clearly stoles that the Herttlitnry Chieft and Heads of Tribes, quote: "will Not permit il1Jy kgislotive authority st!ptSrtdit from tAemsekes .... to 1!Xin. •• unless by persons 'Appointed By Them' and, acting ulldn the Autbo1ity gfLaws

regulary enacted by them in Congress Assembled". .

Whereupon, in a manner of extI'UIU! 1'udenns the Settls~ & I11J17Jigrants

. Parliament ruiding at Wellington /lliJ£d to obtfJin consent from Maori wiLh rdation to the 1852 New Zealand Government Act nor tBJ it con$u/t with Her Majesty's su!Jjects With regard to an agreed Constitution having the

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general assent of the persons so affected.

,And furthermore it would not be T1kanga to transgress from tn4 Precepts laid duwn hy OUT Tupuna'stmwodUdili thi! DeellD'ation ofllllkpe1ltlence 183S & Te TuiJi 0 W(litangi 18.40 And, evident by ProUwrateStutute 71 of tile so

~~::~:!~~!~~ot tAeL~ Customs and Usages of tile .

Abf!riginal /Maorij inhahitJlnb of New Ze.aland, so far lIS they are no( l'epugn!lnt to the general prindples of humanirf, should lor the present be nudriminad for" the governllWJt.of tlt_emsdva, in all tAm 1'elatW1I3 to and tkaHngs Mith I!ach other, and that piu1U:ultu districts should be sd aptirtwithin Which such Laws, Customs, 07 Usages should be so observed".

Therefore with regard to the legitimlicy of lheNative Assessors Court, the New Zealand Company Parliament Mbristzy 0/ Justice has overlooked the Laws of England The EIl1'I of HaJsIJury Volume 9 suues: " Courts are created hy the authQrity of the King as thefountain of Justice". Annexed hereto and ItUll'ked with the letter '.A', a copy ojEnglish LawswiJh relnJion to Creation

of Courts.

This Legisltitive Autltority . " .. is exerdsed ~ither hy Statute, Charki' or Leaers Pllil!nt .. " r evident hy, Statute 71 o/tlre 1851NI!W Zealand Constitution Act:. . Annexed hereto and marked with tlte letter. 'B'. And forthttl' continued in Protectorate Jmperial Legislation of 1858·& 1894 Annexed hereto flJId marked

mt/I.the ldters 'C', 'Dr & 'Er; respectively: -, '. .

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'C', the. Native Circuit Courl$ Ad No:5. 1858.

Secdon« 33(1) Institution of Native Circ!!i!..P • .!!!p1s & 33(1), the ereotion of Court nyled "TheNative. Circuit Court" And:

. 36, Seetion' 32(5) " ...• to be styled "TheAsSeS$073 Court" ana, such Assessors

shall hold Assessor! Courts .. " And: .

'D', the NatiVe Distrids Regulations Act No:4 . .l858 .

Sectioll 4, " •.• summary proceeJi.ngs hefore Ju.~es of the Peace". And:. 'E', the Native Land COllrtfActfart 1& fart111694. Land Jurisdiction

and Administration that forms the basis of present day Maori Incorporrdions.

Also, with r~gard to Te 1Iriti 0 Woitangi Arti.dLs II & 1fT & The Declaration of 1ndependenceArtides II & III:> Maoti Par/iamentwith the generalaasent of the persons ajJeded thndy, makes the appointnunt of Jutlges and Assessors. These are OU1' CretknJials of LegiJimazy enacted Wto /mperi.tJl Statute.

Ministry of the New Z~altmd Company of Pll7liament remling in O.fJke at Wellington, YOUT ParfiamenJary Credentials and Lett.e:rs Patent issued Under tile

prol'ogative of Maori and tJu British crown are re.quired by the Legal Sovereign IS

in Right .

17rerellpon, having carefully clucked DIU 'records, no Evidence has been found that Maori eve gave 16 the Comptllly Par1imnent J grant to opuaU Court . Tnne/are in accordanee lfith the aforesaid and, Pursuant to Inherent Right of

t Order, We most cirtainI, Sboll have 1lkanga, withregat'd to Kaitiakitanga of Rimgatirfllangafor the exchange ofKawanatanga, in the affairs of"lhe Maori

Nah,dn of AotetnOR, . . .

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AccordhtglJ your attention is directed to Te Ture Whenua Maori/ Maori Land :Z 1993 &Anundments 1994, SeCtion 1(3)." In the event of any conjlict in IJttwten the. Maori version and tAe English versions of the. Preamble, version'Sholl preVail".

Furthermore, the ChUrl is not a venue for Executive Dictau, in reference to comment hy spokesperson for the New Zealand Company Plir/i.ament Mmistry of J4$tice, thtlt (lSso1S Maori Sovereigflly has no legalfoundation, with intent

ta circumvent argtlment and influence. JudicWry, with regard to matters be:bvi!en

A-ianri & thi! EngJishCrown. .

Detaminations lJythe Privy Council were made in 1900-1901 & 1919 with regard to the Unextinguished Ahoriginal Tlik of Customary Lands as Proves:

Nlhara Tamaki Vs Baker & W-rlJis Va Attorney General, which stated, tr Th e T1r1e of Maori Tribes to their Traditional Lantis was recognised both by Statute and the COnunQn Law" ~d that, " .... (hf Crown lacked Prerogative PIJ"'WeT in relation to the TrilJalINative or Aboriginal Tllh to Lands".

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And; fFllh regard to the numerous Statutes which by r;ifering to fA,! 'Native T11le' plainly assumed "the existence of Tenure of Land under Custom & Usage", which is either known to kmyers or disctWerahle by them hyevidence. Lord Watson lWS umt.iJlJng to accept that " the .is91l1t of a G·QH.W Grlmt amouttUd to the c::tincdon of the Tribal (Native) TItle". Being that the British Cro-wn had not purchased one inch of soil Pursuant to A7licle Two and the exclusive right of pre-emption Under the Te Tuiti 0 Waitangi, Lord PhiIlamore did say, in the case lTmeiti Rererere ArtpJi Vs Public Trustee in 1919 that; "Maori Lawa, Customs & UsageN enjoyed leg41 Stntus in ElU'opean Colonia/.. Courts, in the absence of any Statuu entu!li!dby the People Moori, to .fay otb.uu.ise.

Whereupon, it is notfor Company Dictate· to sajt the Crown 01' Privy Council

has becm sent on their »Y.J)".The Privy Council saitL· We will.. have none ofthllt, lUit reprimanded the will1ngneag·ofthe New Zealand Coutt of Appeal to IlCcept tAai the Settlers & Immigrants Govonnu1fi anJ MilDriLlInd CollrllU/milJistraiion. of the Native Aboriginal TIIh was Q nonjusti_fiaJJle Regal Dtscretiollllltdfurther adtkd that, " it was rather late in the day/or the Colonial Bench in N~ Zealand to deny the Tri./Ja/lNative Tdle legal status".

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It isfO,. MlUJri to So Say, being wi.th tIt.e usent of tAt! persons afficted tAereby •

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The New Zealand Court of Appeal eventually concbllutt in Jun.e 0/2001 wUA

le/atiO,! toforeshore and sealJed decision, that the Native rUle remains Unextinguished (}yer.All tbePmJ. The same deciswn th(lt Lord Me Naughton, Lord Watson and Lord~Te did tldiwr, thereby attIblishing precedent that is

binding on dJl Courts in'1tew ZlaJand and on Parliament of New Zealand .''1

ThiTI being tit. eaa~ fbtUzyl /hi! NQ/iw Aboriginlll Tltk stiJl.,emaU,s Un.eJdinr;uished An~ in such case, Ptirliamentllt Wellington cannotkgis/.Qte,. with out such aiinguisn1lU!nt, . iJnthi Native' Tille howeVet',whut Native. Tille is

U nextinguished,Maori Government. can Legislate Proper Constitutional Laws.

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That/ozmd so, oy the lIigh. Court ofApp~aJ in 2003 with relation to Foreshore & Senhed Legislation it means, We t/ze Maori People are in Government for that is. what Te Tille Wbeitull Maori/MaoriLandAet 1991, The 17eamhlt!, Sections 1,5

& 12 tlepicta. . .

And with regtu'tl to dud, to he tffecti.ve, the Laws must bind the Crown; And So, Section 2 olTe Tare Wh.enua MaorilMaori LandAct 1993 & Amendments 1994 could be seen as Atlandaiory Cession of CrolVlJ to,' or Statutory acknometlgement oJ; the Righ4 of Rangatiratanga of Maori Annexed hereto and marked with the kUl!1' 'F'I copy of'Te TUff! WhenuaMtwri/MaorlL/III.dAct 1993 the Preamble, . Sections 2~ 5 & 12.

For emhededin the PreimDle'w thatActisfounJ,· '. "Wltut!t1S"lh.e Treaty of

W aitnngi estahlish ed the special relationship between' the" Maori People and the C1'Iiwn ... ", The Partne,ship and Spirit of Exchange, Kawanalfptgafol' tire

Protection of Rangatiratangll, the Agreement. . . ,,'

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Anti with respect to position of Judiciary, this Act Shall bind the CroliW. It is the role of Justices, Privy Council Lord Me NlUlghton did stU', "for tAt Court to determine -what isa Breacn of Trust", not reftr to the Company Parliament

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• ELECTED MANAGEMENT COMMITTEE (ELECTED MEMBERS OF COMMITTEE) .

(please fill in acc:onling to SbareholdenlBenefieiarits Resolutions)

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.. Eledlob of Chairperson:

Print Name Here

Signature

* Appointroeot o(5e(:retary: ..,...--~ __ ~_~ _ Print Name Here

Signature

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• Appointmen.t of Portforlio Holders:

.~'.: :)"5:-

* Kaitiaki Whamln Chairperson:

Print Name Here

Signature

. r· * Kaidaki T.rust: .

Print Name Here

Signature

. If '* Kaitlaki Toopo Wberiua:

Print Name Here

*. K;Utiaki AbU Wbenu:

Print Name Here

Signeture

'* IUltiaki htea:.: .

Print Name Here

Signature

Please fill in tPlJ return to us

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DOCUMENT FOUR

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• dJ!l!ointed KaumatuaJKnia Council Members . (JustiCeJ ortbe Peace)

*
PrlnL NamB HIWI!.
:Ie
Prmi Name H(!.1'f1
*
Prtnt N= Here
*
PriIIt Namf! Here
1ft
PrInt N(VR6 Here
+: . PlwneNQ,

PllrmeNo,

PhoneNQ. Siglw~
~.
PhontN(). Signature
-,' .... /
Phone No. $igrraJurB jfi;!.'~MPQINTED SHAREV ALTIER/AUDITOR

N.AJ\m:

ADDRESS:

mONENq:

._--------

Please fill it! and mum II) l!;:!

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DOCUMENT FIVE

( Fill in accordmg to minutes & resolutions) .

• Address of Registered Office: _~ ~ __

• Address for service of notices. pleadings and correspondence in respect of the application, may be delivered to: ~

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1). Do you wish to be represented by the Registrar ofNga Tikanga Maori Law Society (Inc.)

Aotearoa (NZ), to prosecute this application? Yes / No (Circle One)

2). Do you wish to be present to prosecute this application?

Yes I No (Clrellt! One)

3) .. APplication Fee ... $200.00

Aceount No: - 38-090(lO..OS06782-00wSO . Kiwi Bank C/O:~ J.E MurphY Nga Tikanga Maori Law Society

Inc;' 0 Aotearoa. .

4). Please check that all information is attached andlor filled in within this application form, to ensure iess.'delay in processing your application to Incorporate.

• This application is made by gull name of AppHcQnVs} ~_~~ _

~ • Of {filiI residentJalAddre38} __ '-- ~ __ ~ ~ _

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• SIGNln by the appUcant(s) __ ~~ __ -:------:- __ )

(please print here)

(Signature)

{Address for Service} : - The Registrar ofNga Tikanga Moari Law S6ciety (Inc.) 0 Aotearoa (NZ) 48 Second Avenue

Whangarei. .

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Date: -

~~~':T-',:!:=): .. ,~ _.:':':~.:,,7,.:,'_.::,,~$.~ '*.t¥:iz;::;c::iL:.:i.':Ii_· .. :S·':: .. ~~,

ll~(f~~

Venue: _

Time: _

I BLK
NAME ADDRESS SHAREw PHONE SIGNATURES
I HOLDINGS No.

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Minutes of me.etine ofthe Owners for the (Name of Land block) Maori Freehold Land Block

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A meeting of owners for the (Name of Land block) Maori Freehold Land block was held on the (date of hui). This Hui was called for the purpose of passing Special Resolutions for: .

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.; Owners to Incorporate under PART XIII of Te Ture Whenua Maori, Maori Land Act 1993/1995

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./ Appointment of Kaumatua/Kuia (Justices of the Peace)

.; Election of Management Committee (Chairperson, Secretary and 5 Trustees)

.; Adopted Standard Constitution
r_ .; Adopted Mission Statement
N
r. ./ Name of Incorporation'
.; A ttendance List
r And Passing,Sl!ecial Resolutions for:
~. .
Ii ./ -Election of Chairperson
,:,;1if1'!".
.; Appointment of Sec~ry .. :~ .
r_ .; Appointment of Portfolio Holders .
r. .; Kaitiaki Whanau Trust
./ Kaitiaki Trust
~ .,( Kaitiaki Ahu Whenua Trust
r_ .; Kaitiaki Toopu Whenua Trust
.; Kaitiaki Putea Trust
t
Appoint Share Valuer/Auditor
.;.
f ./ Address of Registered Office
r ./.. Application fee $200_00
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Te Ture WlJenJllJ Maoril Maori. Lmul Act 1993.

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Maori IncorpOrations Constitutions RegulllJions 1994.

Te Ture WlIetUl4 MtlOri IncorpoTlllions COnstJt:ut!ollS Regulations Act 1995*

Fer Adopti9! !pO! . lIP'PPmdoq

~blej

All Act In duify tbc ~ lAw. of Aoetaroa. (NZ) and co ~ dx: hi5UHic:alliguifi~ md the rebtioosbip ~ the BritDb Crown of tile United Kingd~ and thC Maori people of

Ao(eal)a(New~ .

IPn-nblc)

Wbercas the Dcclaratioo oflDdc:pc:adalcoc 1835 dedaRd the Maori Dominion of Aotearoa all !OOcpendeat ~ Sc. Ovct all wbDm lived within its tenitories, at Te iii Waitangi \Utae, on. the 28111 October 1815.

And·~ inllCCOldmcc widt.Artides 2.m 4 oftb: ~ or~ 1835 ~ ~ ~ the Bmisb.~ to become the parmtofim iDfiuIt ...

~: Aa:I wbcn:a$ Te TJrirl 0 Waitlogi 1&40 impcxtcd the British Crown of the United ~ whom. ~ 10 pOUd:.n oftb.:. rlgbu·ofindepeadalce to Maori and .in R:tum fbf tlm pmtedioD Maori ~tbe.BriIish~ oftbe Uaited ~ o~.n of its British IU~ lind

. fur1bea- gave 10 ~fflown ~~ and apPoiated _ Brlti!h GovaDmcmt as trustee of all oftbeir

wm in Aoteaoa (NZ). .

Andwhcnu.aod in C"'~ fur- 5uCh ~ Pemancc·aod truaeeship ofall their Jaads. the British ~~~bd.1o ~thc Iep1, beneficial a¢Cquitable .' qwaa'lhipot1hcir --.1i:nst..fishaies andotbcnacql. wid! the fint right oftbc Britbh Crown ~10~ or&$. rigblofrmml bdbrcatt otbers~·Mao~ 0

Aotan:I& be wiUiDg to teD ~~y. . .. .. .

And wbercSs thc.Jkitah Oown ~ ill rdtIm. tbrthe ~ of her British Gcwunment, gumaDtced protcaicu Iu dtc Maori people Iu the same: ~ dm e:ti$ts in &gram (of her Briti~

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NOW.mEB.EFOREwc He Taopfa ~ 0 ADtcaroa do bcn:by raffinn tbt Dcclantion of ~ 1335 ami Te T"lOti 0 W,aitmgi 1&40 w·me ~ tdmiambip betwtcnBWlp"ilatmg 0 ~ md ~ ofk Uuite::J Kingdom. and ckcbn:J by proclamation of~c powci" of the to~ in Right afthl!: DominiooIState 0 ~ (NZ) to the establishment of a comtitutiou. of a Maori UPF aad l.ower flomIc G:Jvemmeut and Imtitutioos 0 Aoteama (NZ)~ upon an 1aods and property

rights un edlasuisbed oftbe Natiw: AborigirW Title. .

l..IN't'1U1CETA TlON-

(1) .In this ~ the Cooten ~1lmt.:

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-n.eeo.re- mcam eomt b:It·lD ~wilh TibDga Maori and Nsa r~ Maori l.avf SQoicty(.lnc}O~ (NZ) ~ both..

"S~ UJAItf.uy pcaon bold .. sbu'es in 1:b8 tOIIJpIIIIy whethec u benefu:ial OWD«. rnutec or admiDistmwin the incorporation.

~ Re.oam..W In nUdoo to. Maori iIlcot.JIOl3lioot beingaamml meeting ofwhich is not Ids tim 21 dear ~ DOtiee. ~ 1bc imedtion to propose the resolutiou ~ a sp:cial

~ bas bccafiKy giwn. . , .

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(2) Word Of' cxpte:s;ious comWrw>i ill this constilutiou _1bc!llmC -nias as in the Te Ture. Wbemla

Maxi ~ Act 1995. . .

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(1)A spedaJ sen" medina of~ may be coovmcd·at inytime. by the COOlDIittec. and shall be

50 ClOIlVeIled- .

(a)U)JQD JIll 0I:da oCtile Co.Kt in the ~ ofa powcn nodet 9CClion 230 oftbe Act; or

{b)Upou a ~iQn inwriting sisncd by:s~ holding in the ~ not lees than 10 ~ of~total sbua in the incotpc:mltioIL

(2)ADy.RqUisitio1l fbi' the C3Ilios ora spc:c:ial geo:nlll'CdWg tball state the purpose fur which the meeting

. is n:quiRd. and sItall be ~ on the Chairperson or the So.':n:my oftbe Coaunittee;. at the registered

oftice of the :rn.:xxpontion. .

(3) DB receipt ofany RlqUisbion JDIdc in ~ witJI. ~ (1) and (2) of this rule or any'orda' oftb:.Court fix the caUiftg at ... special gcaenJ JDCdin& 'dlc OOIDP)iflcc bU coo.v=e, mi fiX a tizne and pace foe • special genera) IOOCtiu& to be held withiD 3 Mwths aft«the receipt oftbc requiaition or «der.

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.' '(1) A gmeral _':li .. of sbm:boldtn (wOctt.:r 8ft aauual seuinl nvctins or lllpCCial genc:ral meeting) sbaIl be ~ by DOtftYing ~'S in wrhiDs oCtbc time aDd JtI-.?e ~tbc fllC't'titlg and Ofthc .

~ propo!ICd to be 1De tnec'ting . .

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. (2)WheR a spcdal ~ will bc'~ed at. the ~ .; M6ce rmSt provide fiK lID las ~ 21

~~'lIOIiccof1l»aao~lbemeeriD8- 1. :' ..• -,: .

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(3) Where DO ~ nsobioa. will he a~ It tbe mc:din& * oOtice _ provide fur DO less than

.- . 14 dar clays' '.DOIice of'tbe- date oftbc mccring t"... ~ ~ ~.' "':. .

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. (4)The IKlQonX'slJaUbc:- ' ..

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. <aJ Posted tiJevay ~~ po!Itti addrcA is RC~)ld$f~ the ~ ~ at

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(b) 'Gi'Ie!I iu JUChodMs DAIidCf .. dIe ~ by ~ ~ IDlY ha\'e detainined

at an ~ mel"fing.. . . . . ... : . .

(c) The notice sba.U. specify tbIt no pe(Dl au vo(e a attcmey or proxy .. the meeIine unte. a . copy oftbc powu- of....,. or1ltllkc o€~1X is ~:IIt.~ ~ ~tbe

. i~ 00 1m« tt.n 48 boon. befum the tiDte fiu:d fOr the ineetioS or.such I3ter time as

tD:~ oftD:Ql+lphiittcuhaH dow.' ~. '.' . '.,.. ...

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(1)1hCfi:HlOC~arcto-bcdaltwithbyway~~~~" > r '~",-; •.• "

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(a)' TheRtgdWing_14i.irs~~· (U_~.~ ~~ with

.: ·rieiCtiom3.aod2S3.oftboAtt,.: ,':, .: .. :; . _ .

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. (b) The Cod~ oCMIme"'Courtsin~~ Tibnp Maoristy1ed

.. TbcMaOO Citcuit Court.at Au:s,on_lbc MaRe ~ ~ ~.~~ In.ac:c:ordaooe witllhrts I aDd i1 otthe Aa. and in ~ of s«tions 2S1 _.~(2) (u) ofthc Aet.

. ~ ThcI:lui4M"" 01'11'; : .IM" IOS_7.T .. OW .... 1140. ~JIiowi"ConmIon u.w Dodriaes

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(c)Tbc~ .aod~.ofLlod by abc ~ in accordaPte with sec;tioa 20 and

144 of .tho AQ:.. . . _. .

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(d) Tbc~~ ~~~~·~~~~~~fhrtXin. JeCtion211 (l)Of

the Act. and umb-.chis M. ;;"';;'.'- r , •••• : ••••• , .,> : .' -.~, '" "~i'" '. ,- ~ .. ~ .

(e)'The ~ ... ;e ofTnats m~daBte with ~4Iao(tbcMaori..AfiiUrs AmeMtnent Act

196~. in -,:tonAooc with ~t.S3 aud U4 (2)(t) of the Act.·:·· . .

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(£) The inc1usioo.m .tI».~ ofttz ~of~ land unde:r~.2S1 otthis

Act. .

~~·u:.~·~·~~~an;/~undC2"1CdioD252ofthi8Aa..

(b) Thc·~ ofFuU ~.R.isbta. Powe£K, and ~riq~ in ~ 1.53 with scctiou'

of. Act: . .

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(J) ~ TraiDCcr' oOAaOO FnzboId l...bd ~ JO:tioo 2S4 (I) Cal (i) oftbc Ad:..,. _ ,

(k) The.e;raat in. n::spec;;t at"MacriFRChoId LDxf ofany leu:: or ~ for a tcon of.1JlCn tbIn 21

. ,em u.ndI::r x:etioci (l)(a) (a) oftbl; Ad.. . ,. ,. ' .. _ . . ... " .

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(1) The $ale or Gift ofMaori Fn:eboJd Lml under sectioG 2S4 (1) lb) ofthc Ad...

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(Ill) ~ to.m-lS4 0 rldtc Ad.. a spc:eid.~ ~ the sale O£ gift QfMaori

Fn:ebo1d Lmd unda' 2Sf (J) (II) oIakAd abaJJ be wted by ~ bolding DOt

Leu 1bm. 15% «'die k*llillrl=s ill tM iuoorp;w:atioo..

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(Il) 'the kqIlUitioa ofl.url by .... iDeorpooOoo _ rdainius it. m IItvcJimmt in..~ with ~ 2S6 (1) (a) .,1IteAct.

(Q) tbc ~of'r...d by the ~m.i incfuding ilia. tbC «JrJN' oCthe

.raoo. pcrMioa "

.' iIl~widul!d_.z5i)(l)(b)_dteAd.;;'. ' , .. __ , ,' ..

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. , (P) ne AllQc.bt"ofLmci to ~ [ aDd. Beae6ciaria] ia ICClll"daao! with Xdioa 1ST uf

tbeAd.

.5. AlaI_ Flaal."MwI- .. " ,

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An 8DIU8I galCOl :IPC'Ctins of~ sbalI be: Idd in eadt yelf"t wjtfria 6 tnODths after the ~ oCthe finmcial yar of"tbe incu:po&:~ .. 1m. ad. pt.::e fixtd by 1hc committee.

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Tbe ~ of the ~ ~ uie«iug shidI be as ~

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(h) : To~ and a.Pdcr'cbc "......;~ ibe·pK.&. ~bu ~ aua the QtbeI- repl~ . ..AJtd "O .. Nn ~ by tediM 276(4} oftbe Act: tu be anoaed or .uadied to the ~.sbccl..t, iflhousb fit,. to .dept the ~ after bcIring tbs auditor"s. tq)OIt:

(e) To ekctpc:noos 10 fill nc:aaciu m die ~p oldie Commime ofMaoagcmart.

.. (d) . TI? appOint IQ aJdib;w at...utor aodet secOOo. m of this Ad..

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(e) To appuiuu sbaRwJue UIMJer ~ 278 ottbc Act.. ,;. , ····(.t}·'To~by~*

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(i)'Jht: payme:at oran anumt by way of'dividead to ~ ~ puDUaDt to section

·-2S9(l)(c)ofthcAa:.. .:." 'd· ... .: ,., .' .. , .. , ... ':' ,

(ai)'~ fur purposes specified in. the rcaoIutiOQ pur5u1mt to xction 259 (1) (b) of

. " .. ' tbC.Act. ' .. '., .. _ '. ':'... :'-.' . .>._ .v , .

. (g) To'~ -.ny propostd !p(cial raolulioD. ofwbicb.·ootice b= been duly given:

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(h) To collJider and, if thought fit, dispose ofother~ of general bu:line,s,

8. P~tpollemeDt:.

Ai any tim~ before the time fixed for the holding of any general meeting of ahareholdem, ~ dtWpeoon of the Co~ may ~ the Ql=~ng to some ~ time or may appolPt. some other plaoo Qf meeting.. as the dWrperson may COOSIder c:tpc:diCJlt" and DOUOCI ¢ any such aJ~ time or pJaCe $.hall be duly given . in accordance with rule no. J .of t.bi!;eoMtitution.

QUOnlDl:-

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. {I} The.quorum fur t:!Iery gencnl meeting of~baRh0Jdcn shall be 2C sharebalders or tUHnber 01·· shareholders equal10 ~ oftMaumber afshmlOOldm (whichover is the lea) or.sud! other lIlmlber

~.

of shareholders. by spocial rcsolutioa. -may bPc detcnbined at M\y earliec meeting, and whether in any case

. the sJunbolden attend ~.ny or by proxy (I( by. a dwy eppoiittcd _rnc:y.

(2) No geneml meeting sball be deemed to be properly constituted unlew at tCast J shareholders are P(eSefU in penon throughout the meeting.

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10. Laek~onun:M ...

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(l)Jfa c:jQ.()~ ~'dOt p~ within one hour after the time aPpointed rc;,r 11 geneCal mcetitlg of ,hareh.olders or.if fOranyotbc:r reason the meeting taDnOl be held, the meeting M be adjourned to'sucli other date. time, and place ai the committee may appoint am the committee shall8iv~ not less than l4 clear days' no~ Of the. 'meeting by advcrtiscmcot published tw.icein one or more daily newspapm circulating in the district in wbichthc incorporation's land is situated ..

(2) If a. DOW time ind place, o.rwithln 1 hour after such time. .there ha$ nat been a quonun present the meeting shalliapse. "

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'. (JJ WtieCe any 8.nnua1 general mcetillg lapses, tho o:rtified balance sheet, the ~ and lO$S account. and .~ the oth« ~ end SUtem.cnt5 refa:n!d to in rule 6 (b) (lfthi$ .coDfiitutWllllhall forthwith be tw13mitted

""'by the .chit.irpersan to~. .

11. Adjuunameat:-

The ~ may~ with the COJl5ClltOi the .mcetin& adjourn any general meeting QfsbMcholdel's tram

time to time and :ltorn place to 'place~ . .

11. Rigbt· to VoU:-

(1) A sb.ar-ebolder may exereise th~ right to vote either. . . ~.

. (ll) By beingpreaent in pmIOn or by pt\l"lt)' or by duly appoIM-cd ~rney; or

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(b) ff the sbarehclders by special resohaion have SO determiaed li. any euliet meeting,. by postal vote.

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(2) Any penon who i$. by virtueofa kai ti.aki trust established under section 117 of the Af;t, the trustee for en}' $hareholder in ~ oflUs·achc:r shares, or by postal ~otc.la.th.c same ntanner and on the same conditions as if that persen W(:C'e>the slwebolda".

(3) Whefe 2 or mere persons are registered as the holder of the shMc, the ~e of the persan named e.ul~~ in the ·Mare registrar and voting on a matter .must be accepted to the CXclWilQI1 of the votes afthe other Jomt

hold~

(4) The chan",cr.\On of 8. genmd meeting of shareholders is not entitled to a casQng vote.

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13.. Votin&:~

Unless a vote on sbareholding is demanded~-

(a) Voting at a meeting.of shvcho~ is to be show ofhamis.

(b) Every sbardtolder pre:sent in person or by pt~ or by duly appointed attolUC¥ shaU ha-'1C oae . vote only~ and & ~ution $lWl be carried if a tlUjority of the yotes is in favor of the resolution.

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(c) A declaration by the chairperson that a resolution has been c:anil!:d by a majority and an entry to tlW effect in the minute book oIthe inoMporation shall be suffident evidence. of the met.

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·14. Vote on SbardJoldidg:-

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(l)A vote on ~ Jnay be demanded eithet before or after a show ofhands is taken on a resolution

b'y···(fllW!i

I.. . (a) NOt t~s.S ~ present in pmon at the mw:in8 and ha.~ the right to vote at the

";. meeting; or .. .

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(b) A penon or persons eatitJc:d to «flI""cise not Jess than one--teath of the total voteS Qf those

:. preseDt. m penon or J>.y proxy at tho meeting. . .

(2) Ort a 'lore on :sharcbolding. the vQting powers of any slweholder ::;ba11 be determined by the number of· slwes held by that shareholder.

(3) If a vote on. sbareholding it tl.I.ken. it $ball be takc:P in. the manner dif.ceted by the chairperson. The secrc:ta!y, with or without SOIM per.;on or persoQS appointed by the c:bakperson and approved by the ~ s~U record ~ voting aeoordingly aud shall compute the aggreaate value of votes for and against

the resolution and. rcport 1he n:;u}t to the c:baUpenoD.. . .-

(4) The ~n ;hall declare the resolution to be carried or to be lost accordingly. and, Jitbemecting . has otht!rwise finished its business before the com.puting is concluded. the ebailperson may c;loK tU meeting. ud, Oil tho tooclu5ion of the ~ decl~ the declare the result of the. vote on the slw:cholding by an·emry in the minute book of the ineotpOmtion !ligned by the chaUperson. and the ~ and sueh other penon or ~ appoiJlted to compute the votes (as the case ma.y be),

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{1 )Where any vote on sbareholdmgs. .takm, Ot any vote'u·taken·:CO dect. members .to the committee of ~eot. Of any proxy or a.tlulJeyis~iilteG.the Qin~papea. noricet of ap,pointmcnt, l!Opies of. powetJ ofattomey, or cetti1lcate;o; ofnon-revOCo'ttion (as the case may be) Ibodl be retained ,iDt.let b.y the . incorporation for 2 months, 11u:rcafta tbe voting papet3 and other documeats described ~e sha:U be

disposed of u the ohaitperson directs. .

(2) Ifwithin that 2 mon~ the incOrporation rea:ives any written notice that art appJication bas been made to the Court to investigate the; oonduct of InY vote on sbareholding. or a:ppoinbnent of Illy pl"OlCY 0(' anomey. it shall file·in the Court an Iht Y0ting ~ and other documents described in sub-clause (1) of this ~dation to be disposed of as the COUIt direGcs.

" 16 TUlle to lodge Power ot AttOl'lley:-

(l) No person shall vote as attmney at ameetlng tudes:;:

v (a) A copy' of tile power ofattoniey is lodgoi at the office of the inco~ntion l\Ot later than 48

.,.';:~ hours be1bre the time::.fixed for the ~oftbc commiuee ~y allow. '.

,

(b) The pawn appointed &1 attorney signs. at the meeting. a certificate of OOJ1.orevocation of the

power otattoniey and lodges it with the c:bairpeDon of the m«tiag; and: .

(c) The cltairperson ofthc mc$8 is~ed that the appointment is-prima ftlcic in order.

(l) If.any power of atiomcy of cc:rtifi(:a1c of non-revocatiOD is ruled by the chaiJ;pefson to be out of order,

. the ~ for the ruling shall be certified on 1be copy of the:: powt:r of attemt'¥. ofthc e«tmca.to ofnon. ~on (as the c:ase may be). and,the auomcy shall not vote at the meeting of sba.reholdet:B.

'(3) The ~bf the meeting shin. on reciucst, giV'e to any perSon entitled to vote at the meeting I.D opportunity to inspect., PO. OfattOmey or ury a:rtifieatc ofnon-feVQCatiao that has been lodged and to raise any objection to it.

17. ApptliaUD~t:-

(I) A proxy for a shateholder is entitled to attend and be at a. meetipg of shareb.olden as if the proq 'Were

the shareholder. . . -

(2)Apro~ muSt be appointed 'by notice in writing in foanI in the seeond KheduIe to'the regulations or kI

the like cffta. . .

(3) The notice mun b<.: siauod by the: shareholder and witnessed.

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(4)The notice must state the particUlar meeting for which the proxy is appointed.

(5) Any person of full age and capacity, other than a member efthe committee.ma.y be appOinted as the proxy ot any shareholder or any tI"Ustte; of any shareholder.

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I&. CancdJatiop add .Lac-e of Appoiat.M:at:-

(1) ~ appointment as proxy Dl8y bc.CilDCelled in writing by the shareholder who made the appointment and ellbc- lodged. at the office of the l11<:Ol'pOratlon before lO o'clock in the morning .o(the llUt working <14Y bofbte the day of the meeting orilodged with the ch.aiJpenon of the meetinS.(2)

(2) An appointment as. proxy sbaH lapse m w:.otdance with the terms ~f appointment or 00 tho death of the penon giving the p1WtY or on the cancdJation of the appointment as provided in $ubeJauu (l) at this rule.

(3) If a person who has appointed a proxy atterub the meeting personally and notifies the chairperson that . he or she is present and the behalf of that person afterthe chaitperson's notificatian; but the validity of vodng.~ lw already been completed before that notification to the meeting sball not be affccied thereby.

19. Tune to Lodge ~uaeDt of Appou.~eat. ..

(l)No person shalt vote as proxy at ameeiing unless the notice ofappointmMt is 10dsed at the office or the incorporation not later than 48 hours btdbre the time fu.ed for the :meetiDg or mch late" tUmt as the dlairpe:rson of the committee may alkJw and wliestl the chairpClOn of the Blt.'eting is satisfied that the

appointm~ jj prima fiicic in order. .

(2) ffany notice of appoWtmeJlt,is mled~bytho<ohai~~tp.~ out of 0 •• the reason for the ruling shaH be ~ed on 1M notice and the ~ shaD·AOtvoti~ ofslwdlolders.

(3)The chaitperson of the meeting shal~ on request...gi.-ve tQ any penon emid6d to vote at the ctle$ting an opportunity to respect my notice of appointment _bas ~n lodged .and to raise any objection to the notioc.

20. Postal Votd:-

~) rfthe sb:arehold.ers; by. special ~Iubon. brYe $O·deteanineI at an earlier meeting, a shareholder may ~5e the IiaW*J. vote at a meeting by c:utina a postal vote in accordance with the provisions of this rule,

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{2} A postal vote $ball be in funn 2 in ~ uconed schedule totbe regulations or to-like effect. signed by the

shareholdcrand ~ed. .

(3) The notice .of a meeting IIlU$ state the name of the p¢rSOn' nuthoriud hy the coJIUlliuee of management

to R:IOeive and Count postal vote at that meeting. . ..

(4) Unopmon bas.heM autMrized to ftCeive and C(IWlt paataJ ~tcs • a meeting. or if no person is named· 1$ being so authoriz.ed in tile notice of tile lUeetiD& the .S«teWy. oftlk! CQmmittee is deemed to be so

authorized. .

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(S) Asharcholdor may cast I postal voteonaJl or any of the matters to be voted OIl.at ll~'by sending a notice of the manner in which his or hers' slwe are to be wted to a person authorized to rece1vt and count postal votes at. that meeting.. Tho aoti~ IIlIiIst re:ieh that person lWt less than 48 hours befO~ t~ start of the

meeting. .

(6) A ~lder who easts II. postal \'Ole shall not be counted for the purposes ofdmrmining whether a

quorum is present a tho meeting. .

(7) ltis duty ofthepeDOll authoriu:dto fCCcive and rount postal votes at meeting-

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(a}To collect together ali postal votes received by him 01' her or· by th~ incorpcration; and

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(b)lll relation to each ~esohd:iOIi tobe voted·on at the meeting. to count-

(i)The nulllbu' of'li~rd~ votitJg in fa.wur of the resolution and the number of votes cast by each. shareholder in favour of the resohition; and

(a)1o sign a certi:ficate that he or me·bas,camed out the1iutieS:-aet out in paragraphs (a) and (b) of ~ subclause (which Certificate sbaU IfIet out the results· of the counts fCquired ~y paragraph (b) of this wbclause; .and

(b)T() ensure that the ~ ~im:I by paragraph 0 of this subclause Ii presented to the

, . ebaitperSOn of the meetiJJg. . .. . . .

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. (8) If a vote is Uken .:tt a meeting OIl :I RSOlution on wbiG:h po.9tal votes lIave been cast, the chairperson of the meeting must-

. . :3:: (a)On a vote by show of bands. Coont =-h $fweholder wha bas submiued a polUl vote far or

,-:: apinstthc fe5Olutiorc . ;

(b )On a vale onsbareholding. count the wtes cast by uc:h shareholder who bas subr:irlttcd a postal . vote for or against the motuaon.

(9) Where the chairpet30n oftbe meeting believes that the posr.aJ votes cast intelation to a vote on

. sbamlolding were to be taken the result might differ fu)m the result that would be obtained on a show of bands, he or she must call for a vQte on shareholding on that resolution.

{lO)The shafe person.of IbC meeting :DJUSt ensure that the c:ertifieate of postal Votes held by him or ber is

_cd to the pes oftb.e meeting. . . . . .'. "

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Zl.Fim Election 01 CowpalUu:-

(1) At<the firSt annual general meeting ofsbareboldefs of the iocotpOnltio~ ~ shareholders 1Ihl11~

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. '.:;. (a)fix the ntllllbet of membcn of the ClOPlIIlittee ofinanagcment., being not less than 3 not more

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(b)Eleet the members afthCcoounittee.

(2) The number so foxed mlly from time to "time be wried by resolutioll 0'ftbe sha1eholders, but in 110 case shall the number be reduced below 3 DOt' in~ above 1.

22. Tam. 01 Offl(:"e:

(1) Subjld to su~ (1) to (4) of this rule, ~ery member of the conwincc :shall bo14 ofiioc fur term of 3 years e~ 81 the end of the Amru.al Gen.cnl Dlceting held in the third calcadar year after me calendar

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yur in which the'memba" _,decUd...lIIlleDtbe,member '~Idi~ .or.r~ or Sooner removed from

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(1) Notwithst.anding alb cbuse (1) ofthi$ rule. the :.d:t.areholders [lla.y~ by special resoiction, det.ennine that the~~f1Qtli~~~'~l~'~!,~,~,eudL~ .. _.~wiij,piPvide. for the

~«!!tiRiDldU.'~ . ". ".

(3) Jf~ any.c;dendar yeaF thc·aDIllI21 g~.meetinS:a1 which a committee member is due tDntIre is not held for any rcuon, the- tcrm.<ot.:offit.e·ofthat ~,sb:allexpirc.aHhe'encl«'that calendar year.

. (41Ewfy .member wbGiS'.eJr.ctrd to~~;exulior.dii_"·~C:IWIe4.~ esignadon, QI,nmoval from office of any memb« dIaU':bolddcetbr1hemuaiil.d~1«m·fur \Which··briar ber ·predecessor wue1ected.

(5) In this rule ~ndM ~ m~ .. pet:iod4t2'~~h •. ~~ day ofDeeembor.

nEkction t)rMcmbcn.~of'Mbqem.t!-

(l)The electiott of ~ v.aDdctlinvthc.·roaim:ltt¢'lb8.Il~~:c.ollduetcd at the annual geaaaI rneetiog unl= the'cOurt .m·any pmtiadar ~ordem<1Iic:'fidldmg;.of..pcial.1encnl meeting forthis purpose. 'or unieU;thc .IU~ Gollvem:cUoribJ*<Jr-.ny·Olberpllqlf)St.

(2) Subject to suhcbw.!Ie<(l-)oC~.tulc. llO~tbF my.elQ:tioa.ol.petsO#:tOSl~et.in·the commrtteo·$haU be ~;u.~ -sipedby1bubarda:itdi:r ,mAkmg.c&Nlo!llinufoq,.n,Lar:cepted in wrifutg by the pmou ooClliMtcod, mdshall-"bc·todphl;tbc,~·otli~fthe-iacor.p:anBon'oNuch

other addt'e!lS as my be.specificct h¥ tbc·wmmitt. finm tiD1e ·ta~fime. '.' .

(3JA member of tile committe:ewho pursoani'bHwe21 ~stitutioDtid·due to Mire lUbe: meeting at which the·election uto be coudlldld bJI·bedceoliC!d.·to bavc-.bccn·~:forthe.electioQ itt ~ with this ~OD wdcs.s that number ~ at the datdixed fOr themeetin~ written notice ~ #feet that the .~·doa .... ~UIOminadoG Cortbe·dc:ctiott.

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(4) No nonimat.~~.be-~ tu«tbart3 clear days bcrore,the.dacc&a:d~t~meetiD;.

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(5) lflhe IDlmher ofeligjble:penoni so~Mminated.,cka·uat ~theDU.'ofiQ..ellih~·to-bule.Gted, the chairpenon Ofthe,~ shan declare the.persons nomiUlted to·~cd.

(6:):Subj~ to subclausc,(4): .. ofthis nsle,' iftbe Oumber of e1igibtepmonuQ .ttOminattd·excc:c::btheDulilber . . . rtq\l~.tG be eleded,,·tbc.cbaUperson shall caIl>qponthe mcet"ms:to,_·mnn.the.pe;sot1S·nominated the' nurobctrcq~'and;~'~~ with or without..-,1Ile paooa OfpenoasqpoiDtcd·.ffie.~ and approVed by ttc·DlCd~ shalt COQld.1he voCGt'eat for eaehptnonnomi~aQd··IqXlrt. the"R4Ults to

. the chairpersoll : '.'

(7) Where fue ~·bu·bee:n nominated·tl),fiU .'~C1i~thc·commi=.an.d~_OIl;iu~ ~ to this·1!Ule. the- cbaitpc=oo."balL.appoiIIt~60a.c:Jtberpenon appttmdll1thc~(od1cr than

~) to curyeut··tbc-duties m:the··~uudft'~f6} of!tfiiuulc. .., '.

Tbis ebai-ipcnon.. .. hkdQ those ~/(lahl.O,.e4'., .. itlre1Mlt,.. Dj:JW.UCll$.:Mpliwim be ~1tcted) who mye .R!Cd¥Cd:the higI:Jc#~ber:<O.fvo.tes4obe-:eJ~. Tfie·n.-dt iSbaIl:be,Mdutdlb.y entry in the minute·,book.

(9) Ifthem.mib~ of digib1e penoils nomfnated·in~ with·tbis·JiUle·is. tes,S tMnttk-numb:er . requ.iuxI to be elected. b ehairpenon shall dcdue the: penoN. nomiNted to~be elected and hall iO!o'lite oominatians fr.am the meeting to fill tho mnaining vacancies,.

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(10) No.per:JOn nominated. from the meeting shall be eligible for election unless that persall accepts the .

nomination in writUJs. .

(11) A list of the persons elected shall furthwith be prepared by the dIaDpetso.n in form 3 in tb~ second sdtcdule to the regul.a1ions orto the like effect· and Signed' by the chai1p«son.

(12) The Jjst shaH be countersigned bytJle secreta1y who shall then forwIu'd it to the registrar.

24. laterestcd members:~

(J) No person shaU be disqua1i.6ed Jium being elected or ftum holding office as a member of the committee by reason of his or b« MJploymeut as .. Krnllit or om~ of the incorpomion, or his or her being

intereaed ~r concemed in any oontnIct made by the incoJponI6on.' ..' .' .

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(2) ~o member of tbciXlJDlDittee shall vote or take part in the di$eussion on any matte='" before the

committee tItIl ~ or indb-ea!y all'ects tho persons' rewu:nuation or the terms of hill or he£"

. empJoyment as a. serwnt or officer oftbe ~ or that diiectJy Or indirectly affects:any cont:rnct in wbic;:h that person may be interested or concemed.

M«ihIz of~ qfMtJMgmumt _.25. Prooedttre and Meetings of Codnaittee'o( l\fadqe1nent:~

cJ) Subject~provisioasof~ Act and subject to any conditions ilItpmed by resolution passed at a 8eneral meeting otWaeho_ die members oCtile cOmmittee may meet tosether for the dispatch of

. businc:iss, adj~ and othcnnse ngulate their proc:edures as they. think fit.

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(l) A qtf(IruJD at such nteecing& sball be ~ ~jority of the member.!! fur the time beillg in office, but not less

than J meIIIbm~ .

(3) A committee shaI.l. as required by sCc::rion 273 ofthc A~ elect a. cbairptr30n of the cnmmittee; appoint a seaetaQ' of the incorporation, and appOint lSOmepla.e:e to be the ~ office of the incorporation, and ~P1 time to time tben:alter shall in the same manner fiU 'any vaomcy in the office of chairperson or

seaemy and mlcbaoge tHe Rgistered.office. .

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. (4) Parti(;Ulan of sUch olectioJJ$ and ~pointments zmd all changes therein sball be supplied to the Registrar in fbrm 4 in the second schedule to rhe regulations or to the hb effect.

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(5) Meetings of.tbe r committee shaJi be called by the c.bairp¢rson or may be beld at such times and places as

my be fixed by resolution of the eonnnittee. .

(6) Arrj 2 members may at any time ~ the cbairperson or the secretary to summon a meeting,

(7) UWeM, ~ with consent of alI the members, DOt less thaIi 3- clear days' notice of t.ny meeting sball be given to everymemb« of the committee.

. (8) A notice sent to a member"" s usuaL residc::otW add~ within tbi= pr~ed tim.~ shall be sufficient

notice for the purposes of sub clause (7) of this olIe.. .

(9) If at any meeting the chairperson is not present at the time appointed for holding the meeting, the

& membeQ present shall.c.b00$t3 one of their Pllmbcr 10 be chairperson,. and the penon 10 chosen shall have ~ may exercise ad that meeting aU the powers of the chairperson.

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("] 0) Questions .arisin8" ~ :my meeting sh.ail be decided by a. majority of the members present, but 3

members at least. shaH concur in eJet:y ad. of the committee. ."

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(Il) In the case of an cqwr.litY of votes. thG chairperson shall in addition to 3. deliberative vote, have a

casting vote. " •

(12) The proceedings ofevery meeting: shall be ~rdo.:i in a. minute book

U. Tdecooference MeetiJJg or Commi~-

'(I) The contemporaneous linking togtthel: by telephone or other means of irutantaneous audio (or audio and visUal) ronununication of aoomber afthe members of the committee of management ..: not less thsn the quorum, whether or not anyone or more of the members Us (Jut ofNcw Zealand.

,_ shall be deemed to constitution as.tomeetings ofthtJ committee.dJaJ1 apply to such meetings so long as the following wnditioos are ~

(a)AlJ the JJlemben; for the time being entitled to recCive notice !If,,:meoting ofthc committee shall be entitled to ~ of a meeting by telephone or other tneaUS of communication and to be linked by telephone or such otb« JMaIl$ for the purposes of such meeting:

(b)Each of the membm taking part in the meeting by tclep~ne of other means of communication, and·the secretary, must througboot the.meeting be ab16 to hear each of the other memb~ taking part.

(2}A member niay not ieave a meeting conducted purRJant to this rule by disconnceti:rig his or ber . telephone or other meaDS of communication unless he or ~e baa ~owly obtained the exprt$S colJSellt of the cb.airpet3on of the meetin3 and a member sball be contIus.iveiy pmumed to have been prescllt" and to have formed part of the quorum at all titnes cWriDs tho meeting by telephone

or other ll1eallS of communication un1es$ he or she has previcusly obtain~ the ~ress OOnsctU of the cbai.rpernon oftbe meeting to leave tho medingas afu~d.

1.7. Minimum Share UJljt;-

{I) The sharehoJder$ may from time to time. by special rCsOJution. fix a $pedal rewfution. me a specified· number ofsbares as1h:e minimum share unit fi)rthc·incolpOraUon."

(2JNo shareholder shall transfer to any peoon any penon arty tnlmber of shares that Would reduce the number of shares of the transferor to 1eM than the minimum share Wlit

(3) No shareholder" shall transfer to any other penQO any nr..tmber of sbates less than the "minimum

share unit unless- "

" (a.) The s"bate:s being n-ansfemd compriSe.aU the shares of the transfe(or; and (b) The ~ are being ofreml tor

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All existing ~Jdtr. or

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(il) The incorporation,. or trustee. on behalf of a putea trust er wb.anau trust.

lS_ Form ofTt'lDSfer:

(l) A share transfer shan be in £Oem 5 in the R¢Gfld #hedule to the .

n:gubtioos or to the like effect., and sh.t.lt be signed by the transferor and witnessed.

a)~ witness shaU add, .lter IUs 0(' her signature. his or her OCQlpabon and addrez.

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19. Fonn or cCrtirmate at to SMreboWiiag:

(1) kiY certificate as to ~lding issued under ~ ,

. scaion 263 (4) of the AI;t shalt be 1.0. fbnn 6 in the xcood schedule to the regulation. .

30. Sh2ce Registrl\r.

(J)The ~ register of the incorporation shall be kept at cbe registered office ofthc incorporation.

(2) The register shall, during office ~ be open to the inspection of; or on behalf at any shareholder . without cbargc attd1fny othu pmoll on PlI}'JDent of such amount (tfanY).l! may be determined by the

mUcboJders ~aJ.resolution,. '.. : . '. .

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31. Registration' of Share T.r:anSfen:

(I) An ipplica.tiOp for rc:gistmiou of share tnlnstbt shalt btl made in Miting to the committee of . management and accQmpanicd by a completed shire ttamw form. .

(2) No share tJ:ansfer shall be rq;sterOO in the. share register except on the direction of the committee of management. whicb shall be entitled first to R:qUirc further evidence es to. the authenticity of

any slwe tt'allSfe{ .,J to sat.istY itself tbat: . . -

.~~~;. . (a.) The tmJsfetc;r is the ~emf bolder of the shares; and . .

. (b) The transferee is'a peoon to whom the 31we:I. tnay be alienated in ac¢()rdance with.

. I'lirt VB of the Ad. .

32. RegiStration of Onfe.n::

(l)Up:Jn receipt to any order" of the Court for the vesting-in any pen0n of any shares in the incorporation, thc.~ shall. M soon as.is,~ amendthc share register in acootdan~ with the terms of the

. order arid notify the c:ommittee of mawrsemenHbat the amendment has been made. ;10;.

33. Share Htld in Trust:

(l)Tht: trustees of a putea tfUa or a whanau trust. to which any shares in the incorporation belong' may have . their names entered in the share reglstcf' ss the owners of the shareS upon the direction of the committee of nunagement, which stall be entitled first to require further evidence, that;

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(4 J Upon the confirnlatian and, sealing of any such document in IICCOTdancc with subRcti01l 2 of tti:ia lqUbdinn llhall be binding on that Waka District to be ente«!d at the opening of the Upper House of Maori l'adianwd: on the 1Jj~ _28" ofOc::tober- of each and f!Vf:fYyear to be passed into legialati()n on the 04~ 05111

Ott fdmlaly of the following yeat being the closing date of the opening of the Upper Howe of .

Parliament of Aot~ (NZ). '

(5) The Common Seal ofthc Registrar General may be exeeeised by that person appointed to that position by the Directors ofthc Nga 11kanga. M:ao.rl Law Society (100.) 0 Aotearoa (NZ) and maybe impressed only upon a .5pCda.ll'CK'lution passed by the Directors at & meeting ofBoaxd ofDireetor.;. '

(6) The- Common Seal otNga Tlkanga Maori Law Sodety (Inc.) 0 Aotearoa (NZ) lhall be tM Conunott, , S£3.I oftbc Uppm- HElU5C held iIlthc cu.stody. fot the present, by the Chief&ecutive OfficcrofNga

, TIkaap Maori Uw Society (Inc..) 0 Aotaroa (NZ) Bad to which any document. bein,g affixed by that Seal shaD CODstitute the highest and binding Order in COWlSeI with the asaembJy of Maori Leaden of Aotea:roa (NZ).

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(oll) The shares belong to the trust; and

(b) They Me dJJly appointed <'S trustees ortbe trust..

(2) Where any person holdS any sbares in. the ~ in a ~ cap8city~ that fuct shall be ~ bc::.5idc that person's name in. the sbareregistc:r. but it lIb:all DOl be ~ tOe. ~D' or any ofIio:roftbc ~ 0("8Jly ~ penon 00 go behind 'Chat ~ in ~ oftsiy ~ .rdiIting to shares.

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(1)NJ ~ :diaD be made to the share regisla- e:»;qJC with the approwl aiJd on tM:·direcdon of the (:OIUQl~ whioh sball be eatidaf 1.ir.;t to require tbdber ~ M to the uboclty b- «tty propos«! eom:c:.tioa, mel au indemnity B4¢ast cbims coascqueutiaJ upon .ay such corre::tioa..

35. 5mpatsioa oI~

(1)Thc ~ of'~ and Ofdea (ll'the Court may be suspend~ from W:ne1O time for :such period

(not exceeding 30 &a,s muy,ar}.as the wmmd:tn may dUetl\li:ne. '

36. Mialltes=

(l)'Ihe ~ of~ ~ meetiDa ot~lden and ofevay meeting or~ tOmmiUee of ~ shsII be 1"eaJfdcd in a n:riJJUlC book.

~ which lmVt:.beeB si8'* ~ by the tbaitpenon oftbe meeting are piim:a facie evidence of

, the pIoc«riiuS"i. . . . .

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37. Catottr of:Boo~ ~tt.d Sal:

o:ribe boob ~ re())nb of the ~ ad oftbe committee ud the Common Seal of the ~ aod·qftl)ecommittet\ and tht: Coauncn Seal oftbe ~ sball be kept intbe Custody otibe ~ [u1be~·0f6ce af1hc~l orSJdlothcs" [Place or Places1 as

the oommittee $ball appoi:oL' .

(1) The Coinmon Sea1sbal1 ~ or. snanp oc adie approved rot the ~ byNp TibJrsaM=ori

. Law Society (IPc.) O.Aota.rna tNZJ wfx:reoo. is c:ngnrvcd or iDlprc:ssedin legible ~tbc oa.rne of~ 1noxpr:ntiOo. so coostituted by Nga Tibnga M&oci Law Sodsty (Inc.) OA.oteama.(NZ).

(2) Eftry' Maori ~'5 seal slWl be impressed by the ~ oftbat lncorpa(aticn aZKl.wben SO ~ .shaD be binding llpaa that .Incoqxntion and :Wall not' bind 1mJ otb=r Incotporntiou within iliat:

I.ntorporaUons NatNe Wm DisttkL

(3) The ~ ofNga TiliuJaa MaonLaw Society (melO Aoteama (NZ) sbaU hold in. Cl1SlOd:y fur the ~ the Common Seal fur 'NetY N':atfve Wah District and :sball be IlItfIorl:l;ed to bnptca that Wah Se3J upon bcsiet af'a CODUllOli resolution oftbe SeYen ~ within a·sPecifi.edNative Wab District

• and !UbjcCt III a ~ of'chc Nsa 'l"ibnaa Maori Law Society (Iac.) 0 Aoteama (NZ) authori2ing til&! ~ ofuty docurm:at. .

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Acting Attorney General. MilI'gruet Wilson & Justice Hugh Jf'rlIiams are quite wrong in comment. While some say Te TUFe is a land Act, if one looks to the Preamble, " .. (J1ld whereas it is desirable to recognise that Land is II Taonga Tub Iho, o/special significance. to Maori Peoph .... "And, "whereasiJ is desirable to maintain 4. Court of Rtmgatiratanga" AmI, Seaisms 1Wo and Three, speak of Maori Gover"ance. and the. -way in which the Native Tlile may be e::rtinguuhed

by the. exclusive right of pre-emption of the British Crown, to purchase before all other's or, thefirs( right o/refUsal.

That IlU!DnS, under Artieies 1Wo & Three, there is a. C(Jn$lkution GolJuning Aotearoa (NZ). It gives Mtwri the C()nstitutWnal Protected Right tq Legmlde,

" ... the Chiefs of all the sub-tribes of the Moon People of New Zealand the unquaJijUd exercise of their Chu./iittnship over all their Lands, their vilOages, and over all thdr treasuree". TIlerehy Maori have constitutional protected Right, not Parliament at Wellington, nor its subjects. It is Us. that make the. Law.

Inked, it if truth, tIlertis one Law for An l11Id (bat is, Tb« Dedaration of InJepemknce 1835, Te Tr:riii 0 Waitangi 1840~ and any otJur LIlW$ made by Maon Incorporations Under Part XIII of Te Ture WR.enu4 Maori/Maon Land Ad '1993-1995, .Pulsuantto Sections 150, IJ3~ 268(3)194 & 284(2)(u)/93, the Writtm ConstitUtion of 'Aotearoa; MlWri & Crown Law.

And So, In accordance with tlte Preamble and Section 1J.w of Te Ture Whenua, so, as /jJ filcilitate the "cognition of those imheded prindples,for the benefit of the Owners, it is.'fI'!ffihrwj"ul to Coil into Session), in a 11UI1lner that Shull be Tlkanga, the Native A-.s,?T~l.:qJlrt ,

&·Ladies.oftke New Zealand Company's Judiciary} . It is liUle wonder hlni:k FO/U.S, you Aav~ heen hW'nt hy the. red robes of the Privy Cl}unci1, Justice find by Maori Justice And, have turned ro'charcool by the you wear.

It is without dou!Jt tit at the Ministry of the New Zeflland Company of Parliament residing in. Office at Wdlingtqn is, in/lid, tAe misrepresentation. Evident by the afo1'esaid Ministry Itwking apoiogyj 100 yl!ars subsequent to the 'Act' thereby making admission it kiJJed, Paramount Chief Mokomoko.

Whereupon guilty (l$ cnm-ged And, it is not for the killer to grampll7don to tJu victim. It is for the Tribe, Hapu & Whanau ofChiejMokomoko, if appropriate, to gti1Jl.t plUdon to murderers and thieves thnt h ad such. malign intention. A pack

, oflmlffless pirtues pretending to he civilised, tlte worstest criminals of them all . As a matta, of de jure, fralld.

,;>"

And So, with regard to recent comment ftomth,e A cling Attorney General's O.ffice, '

. Nga Tlkanga Maori Law Society having done the mvestigation. It is time to call upon the Crown to exercise its Feudal & Fiducial Tides, so as to avert those evil consequences for King W"dlidm did make promise, "!kat He Will not fail to avail Himself of every opportunity of shou-iltg H'lS good wdl", Contra Proferentum Ride:

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Therifore some consi.tkration is recommended -with ,elation to caplldJ.) of the Prorogative Power of Mq.qr;i eonBtituted within ike l'Maning of Te T1I1'e. Whmlla MaorVMaon Lend Act 1993 mcd All AmentlmentJi & Te Tuiti 0 Waitan,; & The Decloration of Imkpen4enct aJU/ mt)' du ~ 01' th~ genntlllmv And, tkerel;y the only Ltmfid Entity in New Z~tIlnnu<.rifwiddl., thre_ats to investigate

are Ilnsll~mly an~ wiIA respect to alkg8liQns of eon IIItd ilkgoJity, slnndel' against

tlae 8uvereign Landlords of AtJ/earoa. Section 12.. .

A matter to widell. the AttoTney Generals O.fftr~ dui.mirtg mandate as the Qoom,:; ,SlIaOhave regll1'd. Sections 2, 5 & 11 ojTe 'hn. amlL'Bep,eamhle to thatActis tAat:

771e O.ffice of Attorney Gmernl Shol1 OJey, in "p,oper Manner of Condud.

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DllIIed Ibis 14th. day of DecemlJer in the Year of the Lord 2004

Respedjillly,

Hohepa Mapira, . Chief!Y~ ANSt!NSt)P; God Sm;elhlt Queen.

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Nga 11kiInga jf(Jl)ri Law Soci.et;y Inc. 0 AoteQl'oa (NZfJ PO Box l0038Tg.MIIi .

MtuUtU Rorul

Wbangtll'ei

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ee. DisbilJuUd by Hand Delivery To the ~et'al P1dJ11.c..

cc. IhIckingiAllIII Palace, W"mtlsor. .

ee. . ·House o/Lords, 10 DlJWIIingStreeet, LOlJtIo~ .

ceo . The New Zealand Compony of Par/i.ammt l'esit/ing in Offiee at WelJJngton. cc: .. News Media.

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Matters of Interest Regarding Lawful and Le_g_al HistOIT'in Aoteroa, NZ.

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TIle 1846 NZ Constitution Act. In it there was Section 9 and Section 10

The 1852 NZ Constitution Act of the United Kingdom (UK), Section 71

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Native Districts Regulations Act 1 &58.

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The Native Circuit Courts Act 1858. Section 11 Native Districts Regulations Act 1858

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Most radical of Justices of thePrivy Council.LordDenning .

Royal Charter of the Parliamentof Westminster concerning NZ.

1947 the Government adopting the Statutes of Westminster Act which gave them full power to make laws for themselvesit was subject to Section 8.

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1986 the Parliament ofNZ breached the Statutes of Westminster Adoption Act 1947.

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Fisheries Act 1996, Section 17.

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Native Districts Regulations Act 1858 number 4. Section 2 subsection (7) Noxious

~ecds. .

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. The standin~ ordJ$:ofLdfd Glenelg to Major General Bourke and from Lord Normanby, the Secretary of Colonies and war, to Governor William Hobson,

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British Crown to solve under their:' '1':.", '."

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people.

'~;': whom appointed ~~T~~rn~~~~~i to draft up law for the ~t:l2!~i;i It was a dir'~~ti~'e ~p~~ ail '~inisters of the Crown and a1ljudges and Departments of the Crown.

The Privy Council in the House of the Spiritual Temple in the Common House of Lords of the Parliament of Westminster.

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Section 17 of TeTure WhenuaMaori Amendment Act 1994, sub Section 3.

AkaroaBank, Trustees are the King and Queen of Spain and Prince Andrew,

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As your sovereign. her Majesty Queen Elizabeth II~ under whom you swore your judicial oath) which is as follows;

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Quote "I swear to uphold the laws of Queen Elizabeth the II her heirs and successors according to law, without fear nor favour or ill will.towards all men, so help me God" unquote.

the Native Ci.-cuit Courts Act 1858, number (5), under Section 2 of that Act.

The Fees and Travelling Allowances Act 1951.

Table of Cases

Case law - 1901 in the judgement of the Privy Council where Lord Filamore was presiding, he stated in his decision in the case "Reneti Rerireri Arani versus The Public Trustee".

Case law - United States, Johnstone vs MacIntosh.

Case law ~ The deci'sjon of Lord Watson in 1934 where he made a decision in "Nihara Tamaki versus Baker." .

Case law - Willis vs the Attorney General.

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Sov~r:.eignt:y

;lfaori Incorporations Constitution Regulations Act 2000.

Sovereignty/Tina Rangatiratanga

Sovereignty has always been seen as vested in the Ruler of any Political Body.

Vaiiel, an eighteenth centry writer on International Law, describes this Political Body ast)

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Sodety of (men) People. who have UnitecllGuthe:recI/Incorporated together and

Combined their forces in order to procure their mutual Welf{ll"e and Security. {see <JThe Declaration of Jndepen.dence1835 (NZ)". Article 11 uf Te Tlriti a Waitttngi 1840 • (NZ & UK)? Section. 71 of The NZ COfr$itutlolf. Act 1852 (UK) and Part XIH, Sections 247 & 250 of Te Ture Whenua MaoriAct 1993.J

• I According to Vattel. Self-Government was the ballmark of a Sovereign State.

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(iii) To give Q Nado« (Maori/It 'angata Whenua)a Right to a deflnate position in the Great Society of States. {see Section rt of The NZ (:onstitution Act 1852 (UK) ie "To the. Law of England or to any Law statute in force in New Zealand:' and &dUJn 253 of Te Ture Wlum.lld MlWtj Act 1993J ie"Wi thin. and Outside New Zealand"] me said)

(iv) It need only he Svvereign and Independent:

(v)

Il:flil1$t G(Jvern ,*elf by its Own Authority and il$ Own Laws. '

[see "nJittkchtriJion of I1Jlkpendence 1835 (NZ)", Artielell o/Te Tiriti 0 WaUangi 1840 (NZ &U1{), 'The NZ Cmrstibdimt Act 1846 (UK) 9 & 10 V'u;t c 103, $edion. 19', Privy Council

'(19i9) NZPCC 1, Hf.neiti Rereren Arani Vs PubUc r,.rlsteer MMC pg 94-9j~ section 11 of The ,NZ Con.stitution Act 1852 (llK), and Sections 3, 4, PtII't XIII, secMNl 253,2$3A (Overiding) udIon 2840lre Ture Whetr.UQ Maori A'ell991 by section 168 (3) OF Section 11 of Te Tun:

WhenutlMaori AnumdmentAct 1994. MQl)ri Custonuuy Laws, Usages~ Val#eS & Practices '"' , Tikangq. Maori and WhangtU.

(vi)

Sovereignty, then, is the regular exercise of Governmental Authority.

[see Ge~H " and Part xut elf Te Ture WhmuQ Maori Ad 1993, ie Maori Incorporation.s'

, Constitu.ted under the Ad, have, been /Of.d are Statutory, Mahdatnry and Autonomously recognised as SovO'eign/IndepenJent Nations within and Outside New Zealand In their Own Right.!

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Interview with Hohepa Map'ria] Royal R~ge!lt,7tb July 2003, Whangsrei.

The A.Im!ication of Maori SQv~reignty jgAotearg!1iZ

On the fisheries issue, the Native title covers all land. natural and physical resources under Te Tiriti 0 Waitangi (Treaty of Waitangi) 1840 (TOW). .

Basically, the fisheries issue covers Customary Law and the Native Title) where it has not been extinguished.

He Wakaputanga 0 Te Rangatira 0 Nga Uri 0 Nu Tlrent (Declaration of Independence) 1835 (DOl) is still alive today, where? It currently exists Under Part XllI ofTe Ture Whenua Maori, Maori Land Act 1993.

The DOl was included in statute under Part 4 of the Maori Affairs Amendment Act 1967 however the New South Wales settlers Parliament (NZ Settlers Parliament), utilising the then Maori Affairs department made amendments to it to suit themselves rather than Maori.

Now, the DOl is protected by the TOW, all those rights that existed before the TOW are protected.

The first recorded document of the rights of Maori was the DOL In the TOW they say Maori have ceded cession to the British Crown. Now) the DOIis protected by the TOW. There are two (2) documentsof the Common Law

between the DOl and the TOW. .

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The first document is the feudal title of the Crown. The feudal title moaning tho Crown are bound by their status in a hierarchy of reciprocal obligations of service and defense to Maori under the TOW. In simple tenus the Crown have under the row, guaranteed Maori protection and justice if our rights are threatened here in Aotearoa, NZ. This came about by the standing orders of Lord Glenelg to Major General Bourk to protect the Maori people by military might in saying that. His Majesty King William will not fail to avail to the chiefs. such protection, that's military

protection. .

The s;~o~d document i~th~ fiducial title of the Crown. The fiducial title meaning, the Crown owes to Maori under· the TOW, the duti~ood faith, trust and confidence and must exercise a very high standard of care in managing our Maori lands, resoUrce_.tates lWd·funds. This came about by the Letters Patent issued by Lord Normanby to Leutenant Consul WIlliam Hobson In 1839. That gives you a clearer understanding as to the purpose of the TOW 1840 and the recognition given to the DOl 1835 hy the Crown and his Majesty King William.

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And so the TOW was-put together to protect us against the evil consequences being the settlers who have escaped from their penitentiary: (NSW Prison colony in Australia) and were coming here, and who are still coming here to live on these lands, and so it was necessary under the preamble of the TOW that Her Majesty, Queen Elizabeth II protected the Maori .people~ rights against those evil consequences of the immigrant settlers.

So the purpose of the TOW was to protect the Maori people against those evil consequences by setting up under Article I of the TOW. Her Majesty Queen Elizabeth n is the legal owner and Trustee of all the Maori people's lands ;md natural andphysical resources in. Aotearoa, NZ forever. And SO she became,as a matter of inheritance under the TOW, the legal Trustee and the legal owner of all land in NZ which is Maori Customary land deemed Crown Land.

Under Article 2 of the TOW the Maori people retained their Sovereignty by the Q1,Ie~n granting to them the unqualified rights of possess ion of their lands, forests and fisheries and other taonga, which made the Maori people the legal beneficial and equitable owners, of all land in Aotearoa, NZ. Therefore, it created a Trust where the Maori people, under the TOW had sovereignty over all people living within its domain.

On the 61h February 1840 prior to the signing of the TOW, nga Rangatira (the chiefs); exercising their powers under Article 2 of the DOl, gave to the Crown, these people, they ceded sovereignty over the British subjects to the Queen.

Nothing else.· .

··The Maori people gave to the Queen the pre-emptive right or first right to purchaselands before all others, or the first right to refuse, to the sale of any Maori land in Aotearoa, NZ however, Maori have not done that to date, and the Queen has not purchased one inch of soil in NZ ..

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Article 3 of the TOW gives the same right to the Maori people, to hold something similar, in equal measure to the Queen, which of course is sovereignty and protection.

Therefore, the purchase of any land in NZ has to be conducted by the Queen directly.

i . All other land sales that are recorded in NZ, that Maori have sold to any individual person, is an illegal sale. Any Maori who has sold to a Europeanlimmjgrant or any European/immigrant who has broughHrom a Maori, it is not a legal sale. In law, the beneficiary can not sign any document, it is up to the Trustee, and that Trustee is the Queen.

If a Maori signs his name to a document for a sale of land, forest, fisheries or other taonga, it is an improper sale. It is to be done through the British Crown. So any person who has purchased land directly from a Maori hasn't

. purchased anything at all, that person was to apply to the British Crown to purchase land that the British Crown had already purchased from Maori, which has been nothing.

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. The Queen as our Trustee knows what is happening socially. economically and politically here in NZ. She has eyes and ears in NZ here through members of her counsel who inform her of the. social, economic and political matters affecting NZ and the way in which the Maori people have been treated and are currently being treated.

The Introdudipn of Constitutional Law in NZ

After the TOW, there was the 1846 NZ Constitution Act. In that Act there was Section 9 and Section 10 which provided that Maori Customary laws were to be made by Maori self Government, Governments in their own native distdcts, and if they wanted their laws recognised internationally, they could do this through the Queen who issued letters patent more or less acknowledging receipt of those laws, and she placed them into the law of England right around the Common Wealth of the United Kingdom (UK) and enforces them back into Aotearoa, NZ.

Now a similar thing happened in 1852 under the 1852 NZ Constitution Act of the United.Kingdom (UK): Section 71 stated the same thing, that Maori custom my laws were to be made by Maori self Government. So the 1846 NZ .

Constitution Act was '"dto restrain the Governor from governing over Maori which preserved Article 2 of the

TOW 1840, Maori ' roOf« themselves, Tina Rangatiratanga, which preserved the DOl 1835 before that.

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Now the settlers were granted their right by warrant to Govern themselves under the 1852 NZ Constitution Act. Section 71 of that Act told theEuropean Government, layoff! Maori Govern themselves under their own laws in their own districts, and were entitled to International recognition by Letters Patent through the British Queen, who issued those Letters patent under the Great Seal of the United Kingdom, enforcing them into the taw of England and

into the Jaw ofNZ, that was in 1852. . .

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The next Act, Native. Districts Regulations Act 18S8. Where lands were unextinguished of the Native Title, the Government, Maori Government, would appoint justices of the peace or native assessors, to create jurisdiction in summary proceedings and, in that same year (1858) the Native Circuit Courts Act came into play, which provided ~

for one Magistrate, and one Native assessor, .

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se all Courts in NZ, were, since 1858, and are. currently today, suppose to have one Native assessor (Maori) ~d one Magistrate (European) sitting up on the bench before. any decision was or is lawful or legal. Today and of yesterday there has only been one judge, a European magistrate, Why? Because this and other successive governments have been acting insubordinate of the laws set down by the Queen through the Crown, the Privy Council and the

Common Wealth of the UK. In other words, this action has been, and still is, an act of treason by the NZ Settlers

. Parliament and successive Settlers Parliaments. .

So Maori should have equal representation in all courts in NZ under the Queens law, the Queen who has the rightful ownership, the legal ownership ofNZ and who is, along with Maori, the legal sovereign's ofal] British subjects living in Aotearoa, NZ.

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There are quitea few Maori out there who believe they have lost their land. In fact, they have not lost any land, they have been tricked and deceived into believing they have by this NZ Settler Parliament's conspiracy which has been

ongoing for the past 157 years. .

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I have placed the lands of our ancestors in Aotearoa, NZ, back in the hands of their descendants as kaitiaki/owners, which is of course the whole of the country, te Ika (the fish/North Is) me te waka (the canoe/South Is) a Maui (of Maul).

Many Maori people today are angry, upset and frustrated about the way in which their lands have been and are being forcefully taken and abused, the way in which their natural resOUrGCS arc being raped and depleted and the way in which their people ate being treated socially, economically and politically. "When all this stress mounts up they are compelled to take matters into their own hands With actions such as protests. and occupations and when their point is not being heard, recognised or acknowledged by the assumed authorities they turn violent and vengeful and take their frustrations out on either their own whanau or the general public.

'Of course, one would understand their anger and frustration but violence and vengeance is not the way to go. It is simply a matter of pitching the law against the law. The courts in NZ here are the prop!!:J" place to challenge the law but you must know the law first before you can challenge the law.

. To be radical attracts radicalness. Those are the words of the most radical of Justices of the Privy Council, Lord'

Denning. ",

Whilst minding my own business; acting for myself in court, I didn't go saying I'm the legal sovereign, and I didn't jump up and down, I wrote it on a piece of paper and handed that paper to the presiding judge, that is my gun.

Put all those acts together, NZ Constitution Act 1846Section's 9 and 10 and the Royal Charter which stated, I quote, "on the British Crowns Royal Charter, in cases arising between the aboriginal inhabitants QfNZ alone, the courts

and magistrates shall uphold, (the words "shall uphold") Maori customary laws and usage's as aforesaid" unquote.

Thatjs what is stated in the Royal Charter (Magna Carta) of the Parliament of Westminster concerning NZ, who . -enacted Section' s 9 amLW of the NZ Constitution Act 1846.; which ill a common law doctrine and statute, Internationally re~. That statute and that common law doctrine.used together, forms the common law under

statute of Maori Customa1f:'~w ' .• \Il!- . .' . .

Then in 1901 in the judgement of the Privy Council where Lord Phillimore was presiding, he stated in his decision in the. case "Hineiti Rirerire Arani versus The Public Trustee ofNZ'" he stated that, I quote "Maori customary law enjoyed.Iegat"status inEuropean Colonial courts in NZ,in the absence ofany statute indicating otherwise, that statute being enacted by the Native inhabitants themselves." Unquote .

Now what that decision did, was it entrenched that Maori customary Jaw is to be legally recognised in every court in Nl, and the same to the decision of Lord Davey in 1900 - 1901 where he made II decision in "Nihara Tamaki versus Baker", where the Crown refused. in fact they were devoid actually, they refused to accept, that the issue of a Crown grant amounted to this extinguishment of the Native title. He stated numerous statutes in the common law which are referring to the Native title or such like, of a tenure of land under custom and usage which was neither known to lawyers or discoverable by them by evidence.

"When he made tha.t statement, he said that the lawyers in NZ were just too plum lazy to look in the statutes, he defined that the Native title had not been extinguished, Once it reached that point, the Privy Council heard it, and under investigation, they found that the Crown has not purchased one inch of soil in NZ. That is what they found

. and therefore, the Crownlacked unreviewable prerogative power in relation to theNative title. That shook the NZ Settlers Parliament, tht:rt they changed their voting system and they went on the populist sovereignty model because

they owned no land. No land, no kingdom, no sovereignty. '.

We have served an affidavit on the NZ Settlers Parliament stating the facts about Maori sovereignty and self

. Governance under the DOl, TOW and the Te Ture Whenua Maori, Maori Land Act 1993, and we have found that when we are looking at the Government of today, after all those documents haVv been served on them and the Governor ~ general, we find that they are chasing their tails and jumping up and down, you'll see them jumping around in parliament, anditmakes you laugh, because you know what you've done. The problem is, they (NZ

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Settlers Parliament) can not find it in themselves to completely admit that they have made a big mistake, an error in judgement

I was putting it too them in this way, giving them the opportunity to change, and they are trying to bring about change, but as quietly and as softly as they can. That is what they are doing right now. But the moment you start or they start getting via lent, is, the time fur Maori to exercise their right and recall for the standing orders of LOTd ' Glenelg to Major General Bourke and the Letters Patent from Lord Normanby, the Secretary of Colonies and war, to Lieutenant Consul William Hobson (latter Governor ofNZ), their judgements, their directions, to be enforced,

Once those standing orders are called for, then the Maori people don't exercise the fear or need to get angry or argue, we just leave jt to the British Crown to solve under their feudal and fiducial titles for protection of the Maori people. We let them do the pointing of the gun, which is what the TOW is all about, Now today, we leave things as they are, in the hope that these people, in Wellirigton, will exercise fairness .. If we don't get no satisfaction from the NZ Settlers Parliament, then its time to call for those standing orders,

A time limit has been set for the NZ Settlers Parliament to comply. ,

Maori must have control of their lands and resources by the year 2005. This was the three regent's determination of how tong it is going to take.

From 1986 to the year 2005 Maori should be in control as it states in Section 2 ofTe Ture Whenua Maori, Maori Land Act 1993 which is, and shall, bind the Crown under the Te Ture Whenua Maori, Maori Land Act 1993.

In 1993 comes in an Act called Te Ture Whenua Maori, Maori Land Ad This Act was ail Act that was brought into existence by the Parli~t of'Weetminstee, whom appointed three (3) Regents namely CllffWhiting, David Singh and Joseph Hohepa Mapiria Murphy to draft up laws for the sovereign right here in 'Aotearoa, NZ.

A Regent as defined. in legal terms is) quote "a person who exercises the ruling power in a kingdom during the !l1inonty ~ 'absence, or other disability ofthe sovereign." Unquote. Maori are the sovereigns, are a minority and are

under a disability ~)fNpresent time, , ' . .

This WIi3 a directive upOll~ihniilisd!ts of the Crown and all judges and Departments of the Crown. They are to do so in a way thatreaffirms the Rangatiratanga (Sovereignty) of Maori as stated in Article 2 ofTe Tiriti 0 Waitangi.

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. Sovereign Law.· .

Within the Act the key words to listen to are these, "Shall!" in each sub section you will hear the word "Shall", the missing words are "The Parliament ofWestminstel"." So you listen to the word "Parliament" which means "the Parliament of Westminster' has made. ail Act through three regents who are members of the Privy Council in the House of the Spiritual Temple in the Common House of Lords of the Parliament of Westminster who reside

personally here, right here in Aotearoa, HZ. .

Now the key words are "shall" and "contrQi" and "the power" in Part XIII of the TIWMML Act 1993, whicb allows a Maori incorporation to alter; add too orreplace any parts of their constitution under any provision of the Act, or any reB~larions made under the .Act, or any other enactment and the general law. They can change their full rights, powers and'pri~ilege5 in full capacity t~ ~xercise; Now listen to this.

~ The Act reads; "Te T1u:t: Whenue Mlioii, Maori Land Act 1993, Section 2,'

Interpretation of Act generally - (1) it is the intention (If parliament that the provisions of this Act shall be interpreted in a manner that best furthers the principals set out in tho preamble to this Act."

. What is in the preambleof this Act, Te Tiriti 0 Waitangi, Kewanatanga (governorship) for the protection of

" Rangatiratanga (sovereignty), and to have a court to assistit in the necessary m~~hanisms to create any law, statute,

. regulation or limitation they choose to, that's in the preamble to this Act. . ,,'. .

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Now subsection (2) of Section 2, _ Without limiting the generality of subsection (1) of this section, it is the intention of Parliament that powers, duties, and discretion's conferred by this Act shan be exercised, as far as possible, in a manner that facilitates and promotes the retention, use, development, and control of Maori land as taonga tuku iho (forests, fisheries and other taonga) by Maori owners, their whanau, their hapu, and their descendants.

So, when you take a look at the common law you see the decision made by Lord' Davey, that the Crown lacked unreviewable prerogative power in relation to the Native Title, who were unwilling to accept that a Crown grant amounted to the extinguishment of that Native Title and so, there is no land in NZ that is not Maori customary laud, it is only deemed Crown land for certain purposes.

(3) In the event of any conflict in meaning between the Maori and the English versions of the Preamble, the Maori version shall prevail.

So in the Maori version of the preamble the key word in the preamble is ''Tika'' _ Now, when you look at the word

deemed, in the eyes of a Maori arguing a word saying deemed and that is ''to be" you would read Section 144 of the £

Act "Maori Customary Land deemed (to be) Crown Land for certain purposes, or you can read it as. "Maori

Customary Land for the time being Crown Land". .

Subsection (3) of Section 2 states" In any conflict between the Maori and the English version of the preamble, the Maori version shall prevail. Alright, now I go to Section 17 of Te Ture Whenua Maori Amendment Act 1994, sub

Section (3) states that" A Maori incorporarion made by special resolution of'the owners may alter) add to or replace _,.

its constitution in accordance with any provision of this Act or any regulations made under this Act,

Stich provisions are, under Section 144, if it says Maori Customary Land deemed Crown Land, it could be added to,

altered or replaced, the word "deemed". .

You take me English words out and you say it as you really want it, but as the Maori people really wanted it. Moreover, they say it is Maori Customary Land for the time being, Crown Land .

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. \*(i, . Maori Fl!!.anctal Position Today '-4

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The Trustee of the bigges:tBank in~e whole entire World, are the Kmg and Queen of Spain andPrince Andrew. They are the.Trustees to the biggest Bank in the World. That is where all these Banks, multi national corporations and other financial institutions loan money from. They get their money from this Bank held by those three Trustees. They go to the Beehive in Wellington, borrow their funds, and lend to other nations from that one Bank. I know this .

Have you seen one of those unclaimed dividends? Let us go down to basics. If you walked into the Maori Land Court OJ: the office of the. Maori Trustee and picked up the ledger containing unclaimed dividends of the Maori Trustee.

Now ever since 1846 right up until today there has been lease money. A lease to the Government, who leased lands to the European settlers and the Company's allover the motu.

In )852 the same, the Parliament was subject to the s-ame thing-

They paid taxes and rent to the British Crown. That fund is collected by the British Crown held .in the Bank ofNZ . annually, the interest added on top of that, just think here, just the interest to the Reserved Bank ofNZ, but really the British Crown has been transferring that fund.to a Bank called Akaroa, this is the truth of the matter .

. The Bank ofNZ based in England has been depositing into the Bank of Akaroa, which is now being over umbrellared under the Reserve Bank ofNZ; The interest has been deposited into that Akaroa Bank, the principal sum bas been paid into the Trust account held by the King and Queen of Spain and Prince Andrew right now .

. Every year the funds go in that fashion. The funds that have been expended, in NZ by the NZ Settlers Parliament for .' their administration and a;1I of taat is merely the interest. Therefore, it is Maorijponey that is keeping this country

going. Now, the principal sum is being held by the United Nations, the principhl sum of that amount. .

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The Trustees appointed for that fund are the King and Queen of Spain and Prince Andrew at the moment. The International Monetary Fund (IMF) borrow funds from there, and all the other World Banks, Banks through out the World borrow their funds from that one fund, from that principal sum. The Account held by the King and Queen of Spain and Prince Andrew, is the biggest fund in the whole entire World. Lease Money and other Funds from the 74 nations of the Commonwealth are held in Trust in this bank Now that fund, the principal sum is owned by the Maori people right here in Aotearoa, NZ, entirely.

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The key issue is that the British Crown is a Sovereign. Has a Sovereign interest through out the Pacific Ocean. Now listen to this Act concerning half castes and other persons living in the Pacific region, Section II Native Districts Regulations Act 1858. quote, "Half - castes and other persona of mixed race living .as members of any Native tribe, and all aboriginal natives of any of the islands of the Pacific Ocean, shall for the purposes of this Actbe deemed to be persons of the Native race" unquote.

Whatthat is more Of less saying is that a European, French, Spaniard, Chinese, or other settler, whilst living in Aotearoa, NZ, are classed as a person of the native race.

All indigenous people of the Pacific Ocean region come under Maori Sovereignty. And as far-as the Treaty of Waitangi is concerned. itis a 50/50 partnership between the Crown & Maori concerning Sovereignty over the Pacific Ocean region, so Maori people and all the indigenous people of the Pacific Ocean region are the Sovereigns in their own right.

Now, until the Maori people wake up and start taking their place in the great society of nations, then and only then would the wars against the Americans and people like Saddam Hussein cease.

The Maori people are the only ones who can fix the problems that the nations of the Pacific Ocean region are

currently having, as expressed in the recent Pacific Nations conference 2003. '

The Banks, multi national corporations and other financial institutions will still be in contrclof'tbe financial world, , however fhatis no concern of I)U(S. 'What does concern us as sovereigns, is the estimated time where Maori should be incontrol of AO!~jl, NZ; this shQuld be by the year 2005. From then on Maori will free the rest of the indigenous people 'i;rthe1?~j fic O~ean: region thereafter. I, think all other issues are just issues of confusion.

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Douglas Meyers was the president of the business round table in NZ, living in MatauriBay. We have a daughter of Matauri Bay right.here in OUI" midst. Douglas Meyers has DOW resigned from the business round table, and most if not all of these corporates have moved off shore, moved their businesses off shore, but are holding off shore until this matter with the TOW is settled. They had previously made investments in NZ and found them to be of no worth to them investing in NZ until thal'TOW is properly settled. '

Challell,giog Jurisdiction of Hiqh Court or District Court Judges.

This is what you say to the judge, (to the presiding Judge) sir, being a Native Indigenous Aborigine and therefore a sovereign of Aotearoa, NZ. I reckon I'm suppose to have a Native assessor up there by you to make sure that me and my people get a fair deal.Tf'you're going to sit there by yourself; then that's not fair, that's a total injustice. .

• As your sovereign, her Majesty Queen Eliz~betb II, ~ndcr whom you swore your judicial oath. which is as follows; Quote "I swear to upholdthe laws of Her Majesty Queen Elizabeth II her heirs and successors according to law, without fear nor favour Of ill will towards all men. so help me God" unquote.'

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This book he~e, the Te Ture Whenua Maori, Maori Land Act 1993 states. that this Act shall bind the Crown and so, if you deny me the use (If this book and the laws within it and ,say to me, no I do not accept that, then you are saying to your sovereign that you are over stepping her, then you are in breach of your judicial oath and you are not

, exercising the law that binds the Crown, you are misbehaving by not upholding the taws of Her Majesty Queen

" Elizabeth II her heirs and successors according to law, and therefore, you are a,~~ing with misconduct as a judge.

By the power vested in roe under Section 12 ofTe Ture Whenua Maori, Maori Land Act 1993, I will personally see , to it that your position as judge, be removed from you, so help you God.

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The penalty under the Crimes Act of your own Government for treason is death, and by a member of the judiciary it is imprisonment for life so help you God, and when you get there to prison you will meet the people who you put in there, yourself, other sovereigns like myself,

Under the Native Circuit Courts Act 1858, number 5, under section 32 of that Act. Such provisions come under Section 32 of the Te Ture Whenua Maori, Maori Land Act 1993.

Section 33 TTWM)ML Act 1993. Additional-members in relation to matters of representatioa - (1) where a request is made to the Maori Land Court under section 30 (1) of this Act, the Chief Judge shall appoint two or more additional members (not being Judges of the Maori Land Court) to the Maori Land Court

(2) Each person appointed under subsection (1) of this section shall possess knowledge and experience relevant to . the subject matter of the request.

(3) The chief judge shall, before appointing any persons under subsection (1) of this section for the purposes of any request, consult, as the case may require, with the parties to the proceedings or with persons involved in tho negotiations, consultations, allocations, or other matter about the knowledge and experience that any such person

should possess. .. .

Section 6Z. Additional members with knowledge and experience in Tikanga Maori - (1) Notwithstanding anything in any other provisions of this Act, or any cases stated under Section 61 (1) (b) of this Act, for the opinion of the Maori Appellate Court, the Chief Judge may, if m1Y party to the proceedings so requests. direct that, for the purposes of the hearing of that case, the M~ri Appellate court shall consist of .;

(a) Three Judges of the Ma.ori Land Court; and

•. (b) One or two other members (not being judges of the Maori Land Court) to be appointed by the

• chiefjudge, .

(2) Each ~ appointed under subsection (I) (b) of this

section shall p05SegTho~J5e anq;xperience of tikanga Maori. .

. .

(3) The Chief Judge shall, before appointing any person .

under subsection (1) (b) of this section for the purposes of any hearing, consult with the parties to the proceedings about the knowledge and experience oftikanga Maori that any such person should possess.

Interpretation ofTikanga Maori" means "Maori.Customary values and practices." Where do you go and practice what is in accordance with tikanga Maori? Back to your Marae, Where is the law that definesthis, in the He Wnakaputanga 0 te Rangatira 0 Nu Tireni (Declaration of Independence) 1835 and Te Tiriti 0 Waitangi (Treaty of Waitangi) 1840, and at what place are the creation and dispensation of laws to be made fo r Maori by Maori? At Waitangi Marae, Waitangi.

Therefore, the court proceedings under tikanga Maori shall be conducted by persons with the knowledge of tikanga Maori, back at the Marae.are Maori customary values and practices, and on sitting on that Macae, additlonal members andthe judges of the Maori Land Court become a witness of the kawa of the Marae, hunnoato tatou whare, those arc: thepeople within the house who are the judges.

. There are problems on out Marae today with entities such as Trust Boards created and constituted under the Maori . Trust Boards Act 1955, Incorporated Societies and the sort whom are constituted under the New Zealand Settlers Parliament They are however, artificial people or creatures and therefore, they do not settle between Maori and European, theyare only settling a deal with themselves) not with Maori .

.. Maori are a natural flesh and blood bcdy-theNz Parliament and all departments and people within those departments operating under them are artificial bodies, corporately coloured en~ies or non flesh and blood creatures/animals .

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MsorilncQrporq,tions Under Part 2'1lI ofTe Ture Whenua Maori, Maor\Land Act 1993 (TTWM.ML Act

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When you come up against a Maori Incorporation under Statute of Law, it has the same powers as Parliament. When your dealing with Parliament your dealing with an animal, when your dealing with a Maori Incorporation your dealing with a natural person 'and a natural body.

Section 35 of TTWM.ML Act 1993 will indicate for you what a Maori Land Court is) it has the same powers as the High Court, for example;

Section 35. Fees and allowances - There shall be paid to any additional member of the Maori Land Court or Maori Appellate Court appointed under Section 28 (l) or Section 31 (1) or Section 33 (1) of this Act Or by an order in council made under section 27 (1) of this Act, out of Public money, remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the Maori Land Court or "the Maori Appellate Court, as the case may require, were a statutory board within the meaning of that Act. As if, in which they are not a statutory board,

.. '-., .

The Jurisdiction of the Maori Land Court is this-

Section 237 jurisdiction 0'£ Court generally - (1). Subject to express provisions of this Part of this Act, in respect of any trust to which this section applies, the Maori Land Court shall have and may exercise all the same powers and authorities as the High Court has (whether by statute OJ' by any rule of law or by virtue ofits inherent jurisdiction) in respect of trusts generally.

(2) Nothing in subsection (1) of this section shall limit or affect the jurisdiction of the High Court.

.So t1{ere/on:: the MLC.l;las the same jurisdiction as the High Court, but the High Court's jurisdiction is still retained for the benefit of~ler:' ~d not M~ri and so when you ~_ofthe High C~JUrt the.Maori Land Courtandany other court for tharmatt~ IS not,,i statutory body, but a Maori mcorporanon 15 a statutory body independent, stands alone by Section 155, tmdef'lhe provisions of Section 150, the Maori Land Court has no jurisdiction over a Maori incorporation ..

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Section 150 lTVIM Act )993 - Manner of alienation of undivided Interests - (1) No undivided interest in any Maori freehold land may be alienated otherwise than by vesting order made by the court under Part VItI of this Act, unless the court is of the opinion that the arrangement or agreement of the parties should be given affect to by

. memorandum of'transfervand so orders. .

(2) Nothing in subsectionj I) (If this section applies in relation to the alienation of-

(a) shares in a Maori incorporation .

(b) Interests in shares in a Maori incorporation; ~

(c) Beneficial interests in land that, by virtue of Section. 250 (2) .

. of this Act, remain vested in the several owners of that land despite the vesting of the legal estate in fee simple in that land in a 'Maori incorporation.

(3) No other interests in any Maori freehold land may be alienated otherwise than by .

(a) An instrument of alienation, executed and attested in accordance with the rules of the court, and confirmed

" by the conn under Part VIII of this Act; or .

(b) a vesting order made by the Court under that Part.

(4) Nothing in subsection (3) of this section applies in relation to the alienation of any interest in Maori freehold land that - .

. (a) is effected-«

(i)by a Maori incorporation; or' . '.,

(ii)by the trustees of any trust constituted under Part XII of 41s Act; and (b) Is not an alienation by way of sale or gift.

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Which means that a Maori incorporation is totally independent from any other court. No other court has jurisdiction over a Maori incorporation; and so when you walk into the District court or the magistrates court you say, my jurisdiction, I challenge your jurisdiction over me because I am a beneficiary of a Maori incorporation, I am tangata whenua,

You can go through a process if you like, Or you can go through by your own will. As the whakatauaki says, "A loan

tree in the forest is easy to bend and to break" ,

If you go in an incorporated way under a Maori incorporation nothing can break you, because it is like a big animal, there are many tentacles to a Maori incorporation. It can suck the life out of you if you oppose it or it can suck the life out of your adversary, this is a Maori incorporation, this is a sovereign. What is sovereignty. I will give you an

understanding of what sovereignty is. ,',

Sovereignty in the legal term when your using it against the settlers in a court of law you must be describing what sovereignty is, and according to Vattel, an old English writer on international law, sovereignty is vested in the ruler of the land. It is a society of people who have united together to procure their safety and welfare. They govern themselves under their own laws, this is sovereignty.

1 will describe to you what the common law is.

The common law is a judgement made by the Privy Council. The common law of the UK is made by the Privilege Council of the monarch, in this case Her Majesty Queen Elizabeth II. When a decision is made from there it becomes a common law. The common law of the UK in relation to NZ preserves the Maori customary law in a judgement of Lord PhilUmore in 1901.

. '

Case, Hineiti Rirerire Arani versus The Public Trustee, on the customary law, based on the statute, the 1846 NZ Constitution Act and 1852 NZ Constitution Act, those ate the statutes of the common law being upheld by the Privy _ Co~cinn their judg~nt that forms the common law,

As to the exting~~'e .... our c'W0htaryrights in our lands; forests, fisheries and other taonga which includes

~~~ . ,. .

Lord Davey in a case, Nireaha Tamaki V$ Baker, and in the United States, Johnstone vs Macintosh. Lord Davey stated that the issue of a-Crown grant does not amount to extinguishment of the Native Title and now that the case has been up before the Privy Council, the highest Court in the land, the Crown lacked unreviewable prerogative .

power in relation to the Native Title. .

The Native Title being, all the rights, powers and privileges existing prior to the Treaty of Waitangi. Government after that decision. a year following created a statute, trying to over rule the common law of the UK and they did it again here in a case called Willis vs the Attorney General, in the case where it affected the Bishop of Wellington to a title of land.and an agreement between the tribes in WeUington,.that the bishop of Wellington might be able to build

, a school. .

The government issued a Crown grant to the Bishop of Wellington and was held in the High Court of appeal that the Crown grant gave the Bishop of Wellington full title to the land. The appeal went to the Privy Council via Willis vs .

The Attomey General: , .

Presiding on the Privy Council was Lord Mac-naghten who stated, "we: will have none of that." The court was not an instrument of'executive dictate, it was up to the court tci determine what a breach of trust was and Lord Me naughten squashed the Crown grant issued to the Bishop of Wellington because it was insufficient.

Reason being, because the Crown had not purchased one inch of soil ill NZ and I state an italic by way of first right

. of pre-emption and the first right of refusal. Now when that decision went to t,Ae . Privy Council Lord Me naughten stated that, '.'it was rather 'ate in the day for the Colonial bench to deny the Native title legal status" and so in 1947 the Government adopting: the Statutes of Westminster Act which gave them full power to make laws for themselves,

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it was subject to Section 8 which stated this, quote "Nothing in this Act shall give any power to repeal the Constitution Act of the Colony of Australia or the Constitution Act of the Dominion ofNZ'; unquote_

Again, years go by and in 1986 the NZ SettlersParliament breached the -Statutes of Westminster Adoption Act 1947 and repealed the NZ Constitution Act 13:52 and on repealing the Constitution Act ofNZ they gave it full power and chopped off their own neck because by the Constitution Act 1852 it was by that Statute that they obtained from the British Crown a warrant to Govern themselves and they gave themselves full power to chop off their own heads by repealing the NZ Constitution Act 1852 ..

NZ now stands in limbo. The NZ Settlers Parliament has no written legal or lawful constitution. They do have a constitution Act however that Act has no constitutional foundation,

Three Regents of Her Majesty's put together an Act called Te Ture Whenua Maori Act, Maori Bill, and in doing so, the Government enacted the Conservation Act 1987. The Regions put on hold by the Common law that private land under the Conservation Act means land referred to in the Maori Land Act 1993 or Te Ture Whenua Maori Act 1993_ That was to come into force some years latter.

In the mean time in the year 1987, those three Regents put into force the Imperial Laws Application Act 1988. Section 5 of that Act states that.the common law of the United Kingdom shall fonn part of the law ofNZ, reference behind that was the PrivyCouncil decision in 1947 concerning the Statutes of Westminster Adoption Act.

Following that came into place in 1991 the Resource Management Act, Resource management was for the managers to act as interim managers of the resources. That meant that the Local Governments and the Minister of Conservation, had to manage the resources and the conservation of those resources until the Maori Land Act could be put into place and enacted into NZ. That Act took place in 1993 being the Te TureWhenua Maori) Maori Land Act 1993.

10 1"99S·the land was conquered by International Law, it W&5 taken under the law of conquest oflntemational Law.

, Vv'hen the flags o_~i.i(6t1! ofFe~ruary.1995, the flags of the NSW ~d NZ Company hit the ground and the Governor Generals flag as tft"'re~ntative of the Crown came down and hit the ground.

. .. .,' •... :. .1$. . .

The NZ rag or flag was trampled into the ground. The declaration of war was placed to the Governor general against the NZ Parliament by Maori, and when all the flags hit the ground at the Treaty grounds in Waitangl in 1995 the Maori flag went up and hit the top of the mast, the Maori people had conquered back Aotearoa, NZ. .

"-'/

In 1996 the Fisheries Act was put into place; was enacted and now it is up to Maori under the provisions of Section 17, amending Section 268 Te Ture Whenua Maori, Maori Land Act 1993 subsection (3) stating that, a Maori . incorporation by special resolution of the owners or shareholders may alter, add to or replace its constitution in accordance with any provision of this Ad: or any regulations made under this, Act. This includes the provisions of Section.253 which states that, subject. to this Act, Te Ture Whenua Maori, Maori Land Act and any other enactment

and the General Law made by Parliament or any statute; .

,

Subject to this Act the Ture Whenua Maori, Maori Land Act and any other enactment both lntemationaI and National) and the general law made by parliament.subject to this Act and any other enactment and the general law, every Maori. incorporation made by SpeciaIResoluilon.;nchidingin':its constitution or any restrictions imposed by the court shall have both within and outside NZ, full capacityin the discharge of its obligation of the trust in the best interests of the shareholders, to carry on or undertake any business or activity, do any act, or enter into any transaction and, for the purposes of paragraph 3 (a) of this section, full rights, powers, and privileges.

What it says is that, a Maori incorporation by the blink of an eye in front of a court of law in any court in NZ or in any International court, Maori by special resolution says. meet my eye, hold On judge, we are just going outside and we are going to pass a resolution changing the law, we think its about time we passed a resolution, we're going to

.. change that law under Section 253 ofTTWM,ML Act 1993, subject to this A~t and any other enactment and the

general law made by Parliament. ..' .

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You can change the law in an instant, bang! In Section 5 ofTTWM,ML Act, it says, "This Act shall bind the Crown", so the Crown has said, we can change it, we can change any law, You can add to it, alter it or replace it and we have full rights, powers and privileges to do that.

In all the cases that I have been involved with myself personally, before this Corporation business started up I was exercising the same thing, thy rights as a sovereign. The people were asking me, how come you're getting away with a lot of things that we don't.get away with. And I said well I'm just doing roy own thing, minding my own business, applying the law, and I'm getting away with it, that's all. At the end of the day, it is the quality of your lawful and/or legal argument. When other people try it out and fail, they fait because they have not learnt the law properly.

I have heard Judges running out of the court room, they say all, we'll adjourn, they read. the affidavit and then they adjourn and they say we'll adjourn till 1 O'clock and then you look out the window on your side and you see the judge still in his robe he's running out to the car, hops in and takes off. In an hOUTS time he comes back, and YOUT sitting and waiting fol' him and the registrar comes up and says the judge wont be back today, because of this and that and so and so whilst putting on a brave face.

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APPLICATION TO INCORPORATE

Te Ture Whenua Maori Act 1993 Section 247-338(7)/1223 .. 1995.

I!iTEKOOTI

NGA TIKANGA MOARl LAW SOQETY aNC) 0 AOTEAROA fNZ),i

IN.THEMAlTEROF:

(Name of Incorporation)

(Waka District)

Application is hereby made for an Order under Section 247-338(7) 1993-1995 to constitute A Maori Incorporation ...

Upon the groundstbatwe annex hereto a copy of the following:

Dmoo:- _

Note! Application to Incorporate may take 7Lp to 6 weeks to process, after application has been lodged with Nga , Tikanga Maori Law Society (Inc.) 0 Aotearoa (NZ). .

Will be notified in writing when application is received

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DOCUMENT ONE

(Annexed hereto)

TITLE LAND BLOCK

• Ownen Schedule .

• Owners Memorial

• MaR of Block (flease highlight Pf!!1 of block: to be Incorporated)!

• LiSt of O!!;yeQ

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Please attach this Infornwtion hereto ...

(Document One)

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DOCUMENT TWO

• MEETING OF OWNERS

21 Days notification of a meeting of Owners ( Advertisement/Parmi)

Please attach!

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• Minutes and Resolutions Recorded to:

* Owners to Incorporate under Part XIIIl1993-95

* Appointment ofKaumatua/Kuia. (Justices of the Peace) * The Election of a Management Committee (7 Chairman)

i~~ '" Adopt Standard Constitution

II< Adopt a Mission Statement * Name of your Incorporation

III Attendance 'List (Must be signed by all in attendance)!

Please attach this documentation with this form (Document Two)

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Statu.te of Westminster Adoption

[1947, 'No. 38

347

NEW ZEALAND

A-NALYSIS

Title. \ 3, CO:D.!!i))l..t of ·N~w Zee.llU1d to

L Short Title.' . United Kmgdom legislation

2. Adoption of Sta.tute o:f We8t- to be given. by PlI.rlia.m.e:c.t.

mlnlfter, 1981. Schedule.

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.h AOT to adopt certain Sections of the Statute of Title. . Westminstel", 1931. . [2.1th: Novembe.r, 1.947

.BE .. IT ·ENACTED by the GeneraJ. Assembly .. of New Zealand in Parliament asseIp.bled,and bytheanthority

of. the same} as follows:- . .

. 1. This Act may be cited as the Sta.tute of West- Short ~tI8.

minstef Adoption Act, 1947. .

2. Sections two, three, four, five, and six of the Act AdoptiOli ot

of the Parliament. of the United ~gdom. cited as ~e ~~~I Statute of Westminster, 1931 (which Act IS set out m 193J......

the Schedule to this Act), are hereby adopted, and the 22 Geo.. V, eo. 4- adoption of the said sections shall have effect from the commenaement of this ·Act.

3. (l')· For the purposes of section four of the said COJ2BeD,t cd .

Statute of Westminster; 1931, th~ request and consent :-euZ.~Dd of New Zealand to the enactment of any Act of the. KW.g~ . Parliament of the United' Kingdom' shall be made and !~b' ¥Cin

. b th . Ii N w eglVelI,

grven y e Pal' amant of ew Zealand,. and not b;r ParEa:tIlent.

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ResOurce Manogement Coses Brier

enjoyment of a residential subdivisionPlanning Tribunal refused consent - Fisher J noted fuM most of the appellant's arguments did not invoke poihts oilawThe Tribunal did not err and the appeal was dismissed.

Effect on electricity prices unclear - Hearing should not be deferred for further consultation with Maori.~ Hempg of appeal to be giv,mpriotity.J

A 65/97 Ngati Rauhoto Land·: . Rignfs COmrnlt1e!e Inc v

WcikatoRC .

Environment Court, '19 Mit)t1997, IOpp

Practice and procedure ~ Appeal relating to . resource consent to discharge Discharge. permit - Contaminants from contsminants into the ail' ~ Interlocutory geothennalpoweutationintoair~Maori application to amend appe8I to \nclUde issues - Adequacy of consultation - taking geothermal fluid, heat or energy ~ Commencement of order sought pending Tradlnonal viewpoint of appellants, N~ appeal- Gr.unitlg of consent challenged Rauhoto, is that the air and water are rather that just conditions of consent - inseparable ~ Mercury Geotherm Ltd Whetherprejudlcetotheappdlanttoallow already had authority at law to take commencemenr - Appellant prejudiced geothermal fluid under Water and Soil in all respects under ss 6{e), 7(a) and 8~ . Conse:rvationAct~A.uthorityW8Sdeemed Prejudice not diminished by absence of to be water permit under s 386(1)(a.}(i) •. particulars of the assertions - Delay of . RMA ~ Courtruled thanit could not operation of power station costly to extend the scope of the appeal. / applicant - Could have applied for dischar~~;plmnit earlier ---..; ~der for . He imm~comrnencement denied,

. '.,'CIi:"

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A 33/97 Ngatl Rauhoto LQnd ·Rlghts Committee v

.cig~. Wolkoto RC .

En'V1ronm~nt Court, 6 March', 9pp

A 7/97. Ngqtl Rauhoto Land

.. Rights Committee v

WaikQto RC Environment Court. 28 Janu lfY. 7pp

Ngatiwoi Trust Board v New Zealand Historic Plaees Trust (Pouhere

. Taonga) - .

High Court, Auckland He 3197, 29 August

. 1997. Greig J, 16pp .

,

. Histonc places - Archaeologic~l siresPractice and procedure - Priority fixture The Historic Places Trust granted consent, for hearing of appeal ---,- Air discharge subject to conditions, to a landowner to permlr from power station opposed. - destroy or modify specified archaeological Capacity less than 1 per cent of total ... sites on th~ Ngunguru Sandspit!:- The generation in country - To meet an urgent landowner planned to develop residential heed for additional electricity generation accommodation~Theappellantappealed and avoid likely increase in the price of to the Planning Tribunal. who dismissed electricity to consumers - Section 272( 1) . the: appeal on the bases that the'appellant

Fteetwing farms Ltd v MatIboTDligh lacked standing as an interested. party to District Cou.ncil [l996} NZRMA 375 ~ challenge the decision. and on the merits A public interest needed to give-a case..., ~ The appellantsappealed to the High priority but not necessarily a. strong public. "Court from that decision ___. To the extent interest (Molloy v Tauranga District that there was an acceptance of a general Council (Decision A 79/94) - An overall duty to act in good faith, fairly, reasonably

. judgment needed taking into account all and honourably towards Maori and their

relevant circumstances - Concern of an iwi and hapu under the Treaty that was of

.electncity shortage this winter beyond universal application, without the need

speculation and effects could be wide for specific statutory words...:.... If the

spread - Precedent not create:i for every meaning of "directly affected" was to be

public utility operaror-c- In public interest restricted by reference tosorne pii)prietorial

to ~ave all avatlable generating capacity interest the focus would be uponEuropean

available for use no matter how modest - concepts and the particular special Maori

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relation and association with land and cultural association with certain sites and areas would be ignored ......... Tangata whenua who Wei e affected ought to be able to select a representative to represent and act for them. and the representatives .should not be debarred from being treaied as directly affected ~ It would be a question in each case whether- a true mandate or authority hadbeen given, and whether those giving the mandate were directly: affected _: The b'ibunaI had taken too narrow an approach - There was insufficient evidence to determine whether the appellant was. a proper representative of affected tangata whenna, and whether it had a proper mandate - Although it was a matter to be taken into account" the matter of Maori values Was 'Rot a distinct principle to be recognised under the HP A - .Appeal·

dismissed .

C 70/97 Nimmo v Grey DC Environrfent Court, 10 July 1997. 4pp

Record of determination of appeals - Land .ase consent granted by' council to· J-..wclop .land fOr use as a service station Subject,~J8 coaditions - There were three appeals __:'-''l'wo appeals have been

. withdrawn...:.._ The third appeal Was by the . applicant and concerned certain conditions

. +--'. The. appellant and the council have reachedagreement onthe amendment of the conditions and have thus resolved the appeal ~ There will be no. order as to

costs. .

A "62196 North Shore .CC v

'. Auckland RC

Bnvironment Court. 9 July 1996, 14pp'

Practice and procedure - Adjournment of proceedings sought - Regional policy statement - Metropolitan urban limitsAdjOurnment wouldbe, inappropriate in terms ofRMA and unj~sttoprivate interests of Okura. Land GrolVl ----:- .Independent public interest in decliningadjournments - Settlement of regional policy statement meant subordinate instruments could be finaJis~ - Adjournment declined.

DC North Shore CC v

Mangham

District COUTt, Auckland eRN 7044008361.1044008363. ' 14 May 1997,

Judge Sheppatd. 5pp .

Senrencing-s- 'Defendant pleaded guilty to two charge5" under me. RMA - Cutting of branches o{Pohutakawa trees on his residential property - The trees are protected by aRuleof the Operative Plan -,....,. Defendant hot aware that he needed consent from the Council to trim the trees ~ Defendant consented to the Court

. making 'an enforcement. order ~ Fine imposed of$2, ~OO together with costs and Court fee - Order made pursuant to ss . 339(~) and 314 RMA requiring that the defendant sectfes the. development of a management strategy by, an arboristwhich allows for the succesaful long-term redevelopment: of the crown of trees.

· A 111/97 ~NOrfhcro1t v Fletcher

, .' . Chfdlenge. Forests Ltd

-Enviionment tourt, 3 OCtober 1997, 5pp

.·Interim enforcement orderIodged -

. Applicant sought ul'gentConsickrati~n and that an order be made without servrce of theapplication on the respondent and without holding a bearing- Order sought requiring tbe._,·responderit to cease ~4::. . prohibit it M;commencing; a~y~forestry-:

· related a.ctivitir;::s in the Watnuhia Forest -Courtdec.lin~appUcarion for an interim enforcement order without service on the respondent and without a hearing.

. . :

DC . Northland RC v Acacia

Park Ltd .

. District . Court, Whang arei eRN 60880140t7. 4017; 401Si and

· 7088005654, l~June 1997,JudgeBoIlard,

6pp ! .

Sentencing.:_ Charges brought by Northland ltC, under ss 338(1)(a) and

. 15(I)(b) orRMA - Contaminant. deposited on'sl?pe on farm - Heavy rain" fell whicb ied to liquidrun-off which, after going thfOU.&h {~l?,,,,nstrl)am waters,