I Hubert Hays of address hereby swear

That I believe that the Court has no territorial jurisdiction to hear any legal matter brought before by Inland Revenue Department New Zealand for the following reasons:

First there were families, then there were extended families, then tribes, then states then empires. And this is all because of the Fall – our exclusion from the Garden of Eden and us trying to get back there. In the Garden, God gave us all things but told us not to eat from the tree of knowledge. This was because the knowledge revealed to us was that we are made to be Receivers of the all that God has to give, that is, everything. We don’t create anything from nothing for ourselves, including our bodies, thoughts, insights and of course all of the rest of the material world. Man felt the shame of this as the worst thing possible and so then wanted to be a giver like God and the only way he could do this was by ‘creating’ the idea of property and then withholding property from others so he could then give it back to others if they ‘deserved’ it. In this way man can become the giver and also the judge over who should have what. That is power, or as we call it today politics. Territory and our labour both physical and mental hold all the substance that we consume, and have everything that we could possibly want to withhold from others. Territory at first, was where man set up home, hunted, then grew crops and traded. Territory became valuable because it gave man a chance to accumulate goods, including women and withhold them from others. Man could act like little gods in their own right. Hierarchy is essentially about the power of withholding goods from another. As man grew more sophisticated in other words his ego grew, this hierarchy became more complex. From father to Fuehrer, territory was however, always the building block of the withholding System. Territory could be had by force or love in the first instance. One could either fight or marry for it. In fact man used a combination of fight then marry, like the Vikings or Maori and this is also how the Roman Empire grew. The fall the Roman Empire occurred because there was too much fighting and not enough marrying. Soldiers will only stay away from their families for so long. This is also the reason that the Greeks and Romans idealized the idea of ‘man/boy love’, especially for their elites, Whilst the common solider of the Imperial Army was expected to get sexual fulfillment from the rape of conquered women, the elites were encouraged to have a young male ‘lover’ who was part of the force. The original fighting elites also reasoned that a man would never shame himself in front of his lover on the battlefield and would ‘fight to the death’.

An Imperial Army is the model for all hierarchies such as governments and corporations; their rationale is to grow strong by expansion. As legal fictions however, they need not depend anymore on human beings for their existence, they are Perpetual Bodies.

Out of the Roman experience of how you could win and more importantly, lose an empire grew the doctrines of territoriality and extraterritoriality that we live under today. Kings and emperors are essentially warlords.

The setting up of a sovereign however disobeys the First Commandment of “thou shalt not have strange gods before Me” Samuel 8 verses 5 –23 and confirms the warning of God to the Israelites if they set up a King over themselves. The Emperor Constantine is known as the first Holy Roman Emperor because of his conversion to Christianity. Church and State cooperated to their mutual advantage by the development of the doctrine of the divine right of Kings whereby the Church divinely sanctions the actions of the King and the Church is protected by the State.

The Popes of Rome took over the hierarchy, as time went by, and entrenched and extended the territory and power of the Church by Papal Bulls At the time of the Reformation, Henry the Eighth, wanted to take over the colonising business so he took a franchise from the ‘reigning’ Pope, and set up as a Corporation Sole. The external view is that there was huge resistance by the Popes to the breakaway by the Church of England by Henry, however money is really the logic of colonisation and both the Roman Church and the Church of England have the same bankers. This is not to excuse other religions from the same fault; Christianity is not the only one that has fought with ‘God on its side’. For the purposes of our history in New Zealand however, the territorial logic of Christianity through the use of Papal Bulls is used as the example.


Trustees of Dartmouth College v. Woodward, 17 U.S. (4 Wheat.) 518 (1819) "A corporation is an artificial being, invisible, intangible, and existing only in the contemplation of the law. Among the most important [of its qualities] are immortality, and if the expression be allowed, individuality; properties by which a perpetual succession of many persons may be considered the same, and may act as a single individual..."

The concept of extraterritoriality stems from the writings of French legal theorist and jurist Pierre Ayraut (1536– 1601), who proposed the theory that certain persons and things, while within the territory of a foreign sovereign, remained outside the reach of local judicial process.

…the imperial power was increased by receiving a religious consecration. The Church tolerated the cult of the emperor under many forms. It was permitted to speak of the divinity of the emperor, of the sacred palace, the sacred chamber and of the altar of the emperor, without being considered on this account an idolater. From this point of view Constantine's religious change was relatively trifling; it consisted of little more than the renunciation of a formality. Online Catholic Encyclopedia

Together, the Dum Diversas, the Romanus Pontifex and the Inter Caetera came to serve as a justification for the Discovery Doctrine and the Age of Imperialism. They were also early influences on the development of the slave trade of the 15th and 16th centuries, even though the papal bull Sublimus Dei of 1537 forbade the enslavement of non-Christians. Scholars note that the executive brief for Sublimus Dei was withdrawn by the Pope after protests by the Spanish monarchy.

What are the ground rules for the colonising business? Firstly one must keep this entire plan a big secret, like a confidence trick, we must not explain it to those who are conned. The colonised are to be controlled by fear of God’s agent on earth. If we don’t obey our lords and masters the wrath of God will come down upon us. The main doctrines or legal fictions one must adhere to for colonising are the divine right of kings, the king and his agents can do no wrong, that is diplomatic immunity, sometimes called extraterritoriality, discovery and conquest. For the sake of clarity let us take these one at a time. The Divine Right of Kings The divine right of kings is the idea that although God created the world, He has put an agent/sovereign over man on earth. That a sovereign is infallible and is above the law of man is a papal doctrine promulgated in 1302, this means the sovereign /pope can do no wrong in both spiritual and temporal matters. The queen in person cannot come before the courts, is an example of this. This is the main idea in the book Patriarcha by Sir Robert Filmer, published in 1680. Filmer developed the idea starting with Adam, moving to the patriarchs, the kings of the Israelites down to the then Stuart king on the throne of England, Charles the First. John Locke effectively demolished this doctrine in his book Two Treatises of Government probably written in 1662/63.
5 6 7

The two English revolutions of the 17 th centaury did two things; they brought down Charles I and installed the first king and queen of England not operating under ‘the divine right of kings’ fiction, they were William and Mary, who came to the throne in 1688. However the fact that they were only figureheads didn’t stop William and Mary, as fronts for the Corporation, which had been secretly installed in 1659 from carrying out the Corporation’s colonisation and slavery programmes. Only a very small percentage of Englishmen had a vote or indeed could read at that time. The Sovereignty of the people though Parliament, means little if you cannot control it.


Unam sanctam proclaimed 18 November 1302. Most significantly, the bull proclaimed, "outside of her (the Church) there is neither salvation nor the remission of sins".It is an extreme form of the concept known as "plenitudo potestatis" or the plenitude of power; it declares that those who resist the Roman Pontiff are resisting God's ordination. Collins, Paul (2000). Upon this Rock: the Popes and Their Changing Role. Melbourne UP. pp. 150–

Sir Robert Filmer Patriarcha 1680

Locke says of Filmer’s book, “ [I] cannot but confess myself mightily surprised, that in a Book that was to provide Chains for all Mankind, I should find nothing but a Rope of Sand, useful to such, whose, Skill and Business it is to raise a Dust, and would blind the People, the better to mislead them, but in truth, is not any force to draw those into Bondage, who have their Eyes open, and so much Sense about them to consider, that Chains are but an ill wearing, how much Care soever hath been taken to file and polish them. “ Chapter 1 Book 1 Two Treaties of Government John Locke

See attached copy of 1659 Treaty signed by the Commissioners of Richard Cromwell

Those in control were generally happy to have the great bulk of the people England under their sway as long as the now, figurehead sovereign do not try and impinge on any of their privileges. They were also good businessmen for the Corporation. Locke himself was a large landholder and a shareholder in the Africa Company, the founding slave company of the British Empire. The King and His Agents can do no Wrong or Diplomatic Immunity The king and his agents even in another’s territory can do no wrong or diplomatic immunity could have been developed especially for colonising. The sovereign/Corporation knows that the game will be up eventually, so it has guarded itself for having told a lie to all the colonised. When the light finally dawns on the colonised that they never lost their so called ‘sovereignty’ and all statutes are only company rules made by the colonising companies the sovereign and all his or her agents will be able to say, “you can’t try me in court for telling lies because I have diplomatic immunity.” Remember that game of Home Free! One has to be caught (court) outside of home to be penalised, ‘put in jail’. Note also that ceding, annexation, deeming, vesting, and awarding are all standard colonising words for lying about a right to occupy territory. Discovery. If there are people on the territory you want, then you have to occupy by the doctrine of Terra Nullius. This is Latin for ‘empty land’. The first sign that the illusion was crumbling was the decision of Mabo and Others v Queensland in 1992 when the High Court of Queensland decided that the British Empire had taken the land of Australia by Terra Nullius and that this doctrine was no more than ‘errant racism’ The South Island of New Zealand, deemed taken by this method is also errant racism.


Mabo and others v The State of Queensland (No2) (1992) 175 CLR 1

Conquest. The sovereign must conquer by force of arms or not at all. It must occupy after that initial conquest, it must keep its flag flying at all times. The defeat of the British Monarch Charles I by the Commonwealth forces in 1650 effectively lifted the Norman Yoke, that is feudal land ownership rules and tenure, from round the necks of the British people by overthrowing the heir of the Conqueror. Not withstanding this, the English view that feudal tenure has continued has been accepted by the English people and exported with colonisation. Judge Brennan in Mabo had this to say
“It is arguable that universality of tenure is a rule depending on English history and that the rule is not reasonably applicable to the Australian colonies.”10

In New Zealand the sovereign Corporation has done neither, discover nor conquer but it keeps its flag flying at all times, it is ‘Acting’ under diplomatic immunity. As we can now see, the sovereign/ warlord is very skilled at legal fictions. We understand that these fictions have been perpetuated because sovereigns wanted to act as little gods on our behalf, but in reality this is untenable and so fictions must be created. The introduction of these legal fictions to Aotearoa/ New Zealand can be traced back the ‘granting’ of a national flag to the United Confederation of Chiefs by King William IV in 1835 and then the full incorporation of New Zealand into the sovereign Corporation which allowed the set up of a commercial system, by the Treaty of Waitangi in 1840. In 1847 the sovereign Corporation granted to the New Zealand Company by charter, full rights to the administration of the country and control of the feudal tenure.

The Letters Patent issued by Queen Victoria 16 November 1840 are of special significance for this setting up of commerce. They authorise the intellectual property regime by the appointment of Hobson as Lieutenant Governor. In socalled proprietary colonies the Governor was always the legal fiction personage appointed to guard the revenues of the sovereign Corporation. The sovereign Corporation operators regard the System itself as their intellectual property and breaches of it are fined or penalised.

10 11

at 41 An Act to Promote Colonisation in New Zealand and to authorise the Loan to the New Zealand Company. ( 23rd July 1847) Copy attached. 12 See ‘Imperial Organisation’ online Encyclopedia Britannica


I mentioned earlier that territory, real property, is what all resources flow from, but the other real property in the System, as far as the sovereign is concerned, is people, human resources. The resource that the System can exploit from people is their labour, both physical and intellectual. I do not say steal, because in this System we must agree to be exploited. We must waive our right to nonexploitation; this is so the System may excuse itself from the charge of slavery. I understand now that when my parent registered me at birth he was agreeing in return for the benefits that he thought the System provided or potentially provided that I would become part of the stock of the System. When I got my first job and applied for an IRD number I agreed that I would give part of the value of my labour to the System. I had thought that this was to help ‘pay’ for the costs of running the country. In fact I now understand that it is a royalty payment to the so-called sovereign. When I applied for a passport the System gained the means to restrict my power of movement in and out of the country. If I do something that the threatens the System’s revenue collection capacity it will attempt to stop me at the boarder to get payment for that particular infringement, or will sometimes impound my passport so that I cannot travel at all, these extreme penalties occur in bankruptcies and like cases. I now understand however, that not only is the sovereign a fiction, but the idea that one can charge another for one’s ideas and creativity is a fiction. Creativity and ideas are God given and we break both the seventh and eighth and Commandments of “thou shalt not steal and thou shalt not bear false witness against thy neighbor” when we steal them and pass them off as our own property. The same of course goes for land and any of the things that come from land. The courts as co administrators of the System are of course required to have territorial jurisdiction to hear cases brought before them. The courts in New Zealand do not hold territorial jurisdiction because of the historical facts outlined above.

I would just like to say a few words about why I believe that we have allowed this System that gives us so much pain and grief to operate for so long. I believe it is because we are afraid that the world is too dangerous for us to operate outside of the fiction. People ask ‘what happens about the money and the land?’ this is because they are afraid that there is ‘not enough’. The main proponent of the not enough idea of economics, which holds sway in the world today was Thomas Malthus, an East India Company trained employee. People don’t trust that God has provided everything for free and will not be asking them for mortgage payments or loan repayments or taxes to pay for an intellectual property regime ever!


Hubert Hays

Witnessed: Date: