ANNEXED D FOR ADOPTION

UPON
INCORPORATION

2003 INTERVIEW WITH HOHEPA MAPIRIA JOSEPH MURPHY

ROYAL REGENT
Dated: 7TH July 2003

THE APPLICATION OF MAORI SOVEREIGNTY IN AOTEAROA – NEW ZEALAND

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

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

He Whakaputanga o Te Rangatira o Nga Un o Nu Tirani (He Wakaputanga o Te Rangatiratanga o Nu

Tireni) aka 1835 Declaration of Independence (DOI) is still alive today, .......where’ It currently exists
Under Part XIII of Te Ture Whenua Maori, Maori Land Act 1993.

The DOI 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 DOI 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 DOI. In the TOW they say Maori have ceded
cession to the British Crown. Therefore now, the DOI is protected by the TOW. There are two (2)
documents of the Common Law between the DOI and the TOW.

The first document is the feudal title of the Crown. The feudal title meaning the Crown are bound by
their status in a hierarchy of reciprocal obligations of service and defence to Maori under the TOW. In
simple terms the Crown have under the TOW, 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 Bourke to protect the Maori people by military might in saying that, His Majesty King William IV
will not fail to avail to the chiefs such protection , that’s military protection.

The second document is the fiducial title of the Crown. The fiducial title meaning, the Crown owes to
Maori under the TOW, the duties of good faith, trust and confidence and must exercise a very high
standard of care in managing our Maori lands, resources, estates and funds. This came about by the
Letters Patent issued by Lord Normanby to Lieutenant 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 DOI 1835 by
the Crown and his Majesty King William IV.

And so the TOW was put together to protect us against the evil consequences being the settlers who
have escaped from their penitentiary (at the 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 (as her ancestors before her) intended to protect the Maori people’s
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 II is now the legal owner and Trustee of all
the Maori peoples lands and natural and physical resources in Aotearoa, New Zealand forever... And so
she became, as a matter of inheritance under the TOW, the legal Trustee and the legal owner of all land
in New Zealand - which is Maori customary land deemed Crown Land.

Under Article 2 of the TOW the Maori people retained their Sovereignty by the Queen granting to them
the unqualified rights of possession 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, New Zealand.
Therefore, it created a Trust where the Maori people, under the TOW had sovereignty over all people
living within its domain.

On the 6 February 1840 prior to the signing of the TOW, nga Rangatira (the chiefs), exercising their
powers under Article 2 of the DOI, gave to the Crown, these people, whom 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 purchase lands 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 Aotearoa New Zealand.

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. Therefore, the purchase of any land in New
Zealand has to be conducted with the Queen directly.

All other lands that are recorded in New Zealand, that Maori have sold to any individual person, is an
illegal sale. Any Maori who has sold to a European/immigrant or any European/immigrant who has
brought from a Maori , it is not a legal sale. In law the beneficiary cannot sign any document, it is up to
the Trustee, and that Trustee is the Queen.

If a Maori signs his name to any 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.

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

The Introduction of Constitutional Law in New Zealand.

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 districts, 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, New Zealand.

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 customary laws were to be made by Maori self Government
. So the 1846 New Zealand Constitution Act was created to restrain the Governor from governing over
Maori which preserved Article 2 of the TOW 1840, Maori Govern over themselves, Tino Rangatiratanga,
which preserved the DOI 1835 before that.

Now the settlers were granted their right by warrant to govern themselves under the 1852 NZ
Constitution Act . Section 71 of that Act told the European Government lay off! 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 law of England and into the law of New Zealand, that was in
1852.

The next Act, Native Districts Regulations Act 1858. 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.

So all Courts in NZ, were, since 1858, and are currently today, suppose to have one Native assessor
(Maori) and 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 The
penalty under the Crimes Act of your own Government for treason is death.

So Maori should have equal representation in all courts within New Zealand under the Queens law, the
Queen who has the rightful ownership, the legal ownership of New Zealand and who is, along with
Maori, the legal sovereign’s of all British subjects living in Aotearoa, New Zealand.

There are quite a 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 New Zealand Settler
Parliament’s conspiracy which has been ongoing for the past 157 years.

I (Hohepa Mapiria) have placed the lands of our ancestors in Aotearoa, New Zealand, 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 Maui).

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 resources are being raped and
depleted and the way in which their people are 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 proper 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 1846 Section’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
of NZ alone, the courts and magistrates shall uphold, (the words ‘shall uphold’) Maori customary laws
and usage’s as aforesaid’ unquote.

That is what is stated in the Royal Charter (Magna Carta) of the Parliament of Westminster concerning
NZ, who enacted Section’s 9 and 10 of the NZ Constitution Act 1846, which is a common law doctrine
and statute, Internationally recognised. That statute and that common law doctrine used together,
forms the common law under statute of Maori Customary law.

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

Now what that decision did, was it entrenched that Maori customary law is to be legally recognised in
every court in New Zealand, and the same to the decision of Lord Davey in 1900 - 1901 where he made
a 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 nor discoverable
by them by evidence.

When he made that statement, he said ‘that the lawyers in New Zealand 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 Crown lacked unreviewable prerogative
power in relation to the Native title. That shook the NZ Settlers Parliament, then they changed their
voting system and they went on the populist sovereigntymodel 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 DOI, 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 have 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, and it makes you laugh, because you know what
you’ve done. The problem is, they (New Zealand 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 to 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 violent, is the time for Maori to exe their right and recall for the
standing orders of Lord 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 of New
Zealand), 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 it 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 Wellington, will
exercise fairness. If we don’t get any satisfaction from the New Zealand Settlers Parliament, then it’s
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 long it is going
to take.

From 1986 to the year 2005 Maori should be in control as it states in Section 2 of Te 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 Act. This Act was an Act that was
brought into existence by the Parliament of Westminster, whom appointed three (3) Regents namely
Cliff Whiting, 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 minority, absence, or other disability of the sovereign.’ Unquote. Maori are the sovereigns,
are a minority and are - under a disability at this present time.

This was a directive upon all ministers of the Crown and all judges and Departments of the Crown. They
are to do so in a way that reaffirms the Rangatiratanga (Sovereignty) of Maori as stated in Article 2 of Te
Tiriti o Waitangi.

Te Ture Whenua Maori, Maori Land Act 1993, (TTWMML Act). - 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 of Westminster.’ So you listen to the word ‘Parliament’
which means ‘the Parliament of Westminster’ has made an 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, New Zealand.

Now the key words are ‘shall’ and ‘control’ and ‘the power’ in Part XIII of the TTWMML Act 1993, which
allows a Maori incorporation to alter, add too or replace any parts of their constitution under any
provision of the Act, or any regulations made under the Act, or any other enactment and the general
law. They can change their fulfil rights, powers and privileges in full capacity to exercise. Now listen to
this.............

The Act reads; ‘Te Ture Whenua Maori, Maori Land Act 1993, Section 2.Interpretation of Act generally’
(1) it is the intention of Parliament that the provisions of this Act shall be interpreted in a manner that
best furthers the principals set out in the preamble to this Act.’.

What is in the preamble of this Act, Te Tiriti 0 Waitangi, Kawanatanga (governorship) for the protection
of Rangatiratanga (sovereignty), and to have a court to assist it in the necessary mechanisms to create
any law, statute, regulation or limitation they choose to; that’s in the preamble to this Act.

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 shall 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 land, 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 incorporation 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.

Such 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 the 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.

Challenging Jurisdiction of HIGH 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
(beside) you to make sure that Me and My people get a fair deal. If you’re going to sit there by yourself,
then that’s not fair, that’s a total injustice.

As your lord and sovereign, Her Majesty Queen-Elizabeth-the-Second, under whom You swore Your
judicial oath, which is as follows;

Quote ‘I,..........., swear that I will well and truly serve Her Majesty Queen-Elizabeth-the-Second, Her
heirs and successors, according to law, in the office of; and I will do right to all manner of people after
the laws and usages of New Zealand without fear or favour, affection or ill will. So help me God. Cf 1908
No 151 s 4 ‘ unquote.

This book here, the Te Ture Whenua Maori, Maori Land Act 1993 states, that this Act shall bind the
Crown and so, if you Your Honour deny me the use of 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 laws of Her Majesty Queen Elizabeth II her heirs and successors
according to law, and therefore, you are acting with misconduct as a judge.

By the power vested in Me under Section 12 of Te 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.

The penalty under the Crimes Act of your own Government for treason is death, and by/for any
member of the judiciary it is imprisonment for life so help you God, and when you get there to prison
that is - you will meet the people who you yourself put in there, 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. (‘TTWMMLA’).

Section 33 TTWM, ML Act 1993. Additional members in relation to matters of representation - (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 the negotiations, consultations, allocations, or other matter about the knowledge
and experience that any such person should possess.

Section 62. 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 any party to the proceedings so
requests, direct that, for the purposes of the hearing of that case, the Maori Appellate court shall
consist of –

(a) Three judges of the Maori Land Court; and

(b) One or two other members (not being judges of the Maori Land Court) to be appointed by the chief
judge.
(2) Each person appointed under subsection (1) (b) of this section shall possess knowledge and
experience 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 of Tikanga Maori that any such person should possess.

Interpretation of ‘Tikanga 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 defines
this, in the He Whakaputanga o te Rangatira o Nu Tireni (Declaration of Independence) 1835 and Te
Tiriti o Waitangi (Treaty of Waitangi) 1840, and at what place are the creation and dispensation of laws
to be made for 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 Marae, additional members and the judges of the Maori Land Court become a witness of
the kawa of the Marae, hurinoa to tatou whare, those are the people within the house who are the
judges.

There are problems on our 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, they are only settling a deal with themselves, not with
Maori.

Maori are a natural flesh and blood body, the NZ Parliament and all departments and people within
those departments operating under them are artificial bodies, corporately coloured entities or non living
breathing flesh and blood creatures/animals. Maori Incorporations under Part XIII of Te Ture Whenua
Maori. Maori Land Act 1993 (TTWM,ML Act 1993).

When you come up against a Maori Incorporation under Statute of Law, it has the same powers as
Parliament. When you’re dealing with Parliament you’re dealing with an animal, when you’re dealing
with a Maori Incorporation you’re 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(1) 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 of 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 or by any rule of law or by
virtue of its 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 therefore the MLC has the same jurisdiction as the High Court, but the High Court’s jurisdiction is still
retained for the benefit of the settlers and not Maori and so when you talk of the High Court the Maori
Land Court and any other court for that matter, it is not a statutory body, but a Maori incorporation is a
statutory body independent, stands alone by Section 150, under the provisions of Section 150, the
Maori Land Court has no jurisdiction over a Maori incorporation.

Section 150 TTWM Act 1993 ‘ 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
VIII 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 transfer, and so orders.

(2) Nothing in subsection (1) of 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 court 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 X of this Act; and.
(b) Is not an alienation by way of sale or gift’

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
magistrate ‘s 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, ‘Alone 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 you’re 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.

I 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-the-Second. 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 Phillimore in 1901.

Case, Hineiti Rirerire Arani versus the Public Trustee, on the customary law, based on the statute, the
1846 New Zealand Constitution Act and 1852 NZ Constitution Act, those are the statutes of the common
law being upheld by the Privy Council in their judgement that forms the common law.

As to the extinguishment of our customary rights in our lands , forests, fisheries and other taonga which
includes human resources.

Lord Davey in a case, Nireaha Tamaki vs 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 overrule the common law
of the UK and they did it again here (New Zealand) 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 Wellington, 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 Attorney General.

Presiding on the Privy Council was Lord Mac-naughten who stated, ‘We will have none of that.’ The
court was not an instrument of executive dictate, it was up to the court to determine what a breach of
trust was and Lord Macnaughten 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 in New Zealand 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 the
Privy Council Lord Mac-naughten stated that, ‘it was rather late 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 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 of NZ’ unquote.

Again, years go by and in 1986 the New Zealand Settlers Parliament breached the Statutes of
Westminster Adoption Act 1947 and repealed the NZ Constitution Act 1852 and on repealing the
Constitution Act of New Zealand 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.

New Zealand now stands in limbo. The NZ Settlers Parliament has no legal nor lawful constitution.

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 Regents 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 later.

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 form part of the law
of NZ, reference behind that was the Privy Council 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 Ture Whenua Maori, Maori Land Act 1993.

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 Regents 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 later.

In 1995 the land was conquered by International Law, it was taken under the law of conquest of
International Law. This occurred when the flags on the 6 of February 1995, the flags of the NSW and NZ
Company hit the ground and the Governor Generals flag as the representative of the Crown came down
and hit the ground.

The NZ ‘rag’ (or flag) was trampled into the ground. The declaration of war was placed to the Governor-
General against the New Zealand Parliament by Maori, and when all the flags hit the ground at the
Treaty grounds in Waitangi 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 Act 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 Te Ture Whenua Maori, Maori Land Act and any other enactment both
International 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 Special Resolution including in its
constitution or any restrictions imposed by the court shall have both within and outside NZ, full capacity
in 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 it’s about time we
passed a resolution, we’re going to change that law under Section 253 of TTWM,ML Act 1993, subject to
this Act and any other enactment and the general law made by Parliament.

You can change the law in an instant, bang! In Section 5 of TTWM,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, my 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
my 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 fail because they have not learnt the law properly.

I have heard Judges running out of the court room, they say ah, 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
hour’s time he comes back, and you’re sitting and waiting for him and the registrar comes up and says
the judge won’t be back today, because of this and that and so and so whilst putting on a brave face.

MAUI. The Maui Report.

I am the Chief Registrar of Maori Law Society, Nga Tikanga Maori Society. Mr Mapiria Matua who is the
Crown’ The British Crown of England. Where do Maori derive their authority from’ Maori derive their
authority from the Declaration of Independence 1835.

Where does the British Crown derive their authority from in New Zealand’ Article 2 of the Declaration of
Independence the Chiefs exercise their powers in that Article 2 of the Declaration in appointing the
British Crown of England in the Te Tiriti of Waitangi.1840.

Now where does the Settlers and Immigrants Parliament derive their authority from’ They derive their
authority from the New Zealand Constitution Act 1852 no relationship to the TeTiriti o Waitangi 1840
nor the Declaration, of Independence 1835.

What is the British Crown Protectorate Laws for Maori in the Dominion of New Zealand’ The Dominion
of New Zealand is the Maori nation under that Dominion. It is independent and the Protectorate Laws
that have been put into place by the British Crown starts from the New Zealand Constitution Act 1846
s10 of that enactment states that in cases arising between the Aboriginal inhabitants of New Zealand
alone... The Courts and Magistrates of the same province.., shall enforce such native [Maori tangata
whenua] laws, customs and usages as aforesaid.

The other Protectorate mechanism is the New Zealand Constitution Act1852 in which constitutes to
Settlers and immigrants Parliament and Government of themselves ands7i of that, Act continues Article
2 of the te Tiriti o Waitangi. Following that enactment was the Native District Regulations Act 1858 no
[41]. Under this particular statute all the laws of were assented to by the native inhabitants Maori as
well as British crown In the same year the Native Circuit Courts Act 1858 no [5] under s32 of that
enactment Maori had their own Assessors Court which had the civil and criminal jurisdiction and a
constabulary to enforce their Lores. In 1894enactment was the Native Land Courts Act [part 11] which
formed the basis of present day Maori Incorporations, which put into place provisions of Article 3 of the
Te Tiriti of Waitangi.

Where it was Maori shall have the same in equal measure as: that under her constitution she has for her
subjects. For the arrangement therefore and for the agreement concerning the Government of the
Queen all the Maori people of New Zealand will be protected by the Queen of England and will give to
them all the rights and duties in Equal Measure that apply under Her Constitution to people of England.

And in relation to the Treaty of Waitangi there was also the Statutes of Westminster Act adopted by the
New Zealand Settler Government on 11 November1947. S8 of that enactment provides that nothing in
that Act gives any authority to alter or repeal the constitution of the Commonwealth of Australia and
the Dominion of New Zealand.

However that Act provided that the Settler Parliament could make full laws for themselves without
assistance from the Parliament of Westminster. However in 1986 the Settlers Parliament upon
presumption repealed the New Zealand Constitution Act 1852, which in fact removed the ability to
govern themselves!!!!

In 1988 the Imperial Laws Applications Act 1988 was enacted and reverted back to the Common-law of
England. Now enacted as protection statute in New Zealand is Te Ture Whenua Maori Act. Part 13 of
that enactment refers to Maori Incorporations or Te Whakaminenga. That part of the Act still portrays
the Declaration of Independence 1835. However in more clarified form it is the magnetism for Maori to
establish their Government, Court structures and institutions.

They have a mandatory and statutory, an autonomous right to legislate on Maori customary law, clearly
defined the Declaration of Independence 1835

Article 1 expresses this nation is independent under the Dominion of New Zealand.

Article 2 declares the sovereignty of all who were living within or within its territories

Article 3 expresses that when the Whakaminenga assembles at Waitangi in the autumn months of
February so it has been, they will enact their laws.
Article 4 indicates the flag adopted by the Chiefs and accepted by King William IV the preamble of the
Treaty of Waitangi indicates the intention of the British crown and the protection of all the rights and
the property rights belong to Maori prior to the Treaty of Waitangi.

And the continuance of the protection of those property rights. In the preamble also contains the
concession that Maori made to the Crown in the statement that in the English translation of the Maori
version

“The Chiefs for the Government of the Queen to be upon all the places of this land and Islands because
this is the cessation because also there are many of her people many other people of her tribe who live
and will live on these lands and that is to say that Maori conceded their sovereignty over the European
settler back to the British Crown. None other.

What is the statutory body that regulates and legislates customary law for Maori nationally and
internationally Maori Incorporations are that body in exercise of their powers unders253, s253Aand
s268(3).

Where there is a Maori incorporation where is the Maori Land Courts jurisdiction’ The Maori Land court
has no jurisdiction in a Maori Incorporation’s affairs. That was determined in 1986 by the Maori
Appellate Court on 26 October 1988 at Rotorua, from minute book 32,folios 342-350where the 3 Judges
of the Appellate Court found that shareholders in the Maori Incorporation have no interest at law or at
equity in land vested in the body corporate and therefore the Court has no power to make orders
respect of such lands in terms of s31(a of the Maori Affairs Act1953 They found that the Court s
jurisdiction was defeated by part 4 of the Maori Affairs Amendment Act 1967 which is now part 13 of
the Te Ture Whenua Maori Act and in relation to the case there exists a Maori incorporation in the
Whangaroa District, namely Matauri X Incorporation who are affiliated members of the Nga Tikanga
Maori Incorporation and in relation to the whole of the North there are 17 other Maori Incorporations
within the North from the Cape to Tamaki Makaurau,

There are 2021 Maori Incorporations throughout New Zealand or Aotearoa. All independent in their
own right as statutory and mandatory bodies. The representative of Mana Tangata and Manawhenua.

What effect would the Land Court hearing by Judge Spencer and his determination have on the
members of the Matauri Bay X Incorporation’ None what so ever as he himself was one of those judges
on the Maori Appellate Court who found they had no power and no authority. Is Te Ture Whenua Maori
Land Act binding on the Crown?’

S5 of it states this Act shall emphasise the word “shall’, bind the Crown.

S2 of the Act requires all Ministers of the Crown or Judges and the Department of Court Officials to
uphold the preamble to the Act and reaffirm that on the Tikanga of Maori.
The meaning of the 1835 United Tribes Flag:
The First Four Whetu- 4 Corners of Earth.
The Second Four Whetu - Nga Hau E Wha.
The Eight points - Whetu - the Eight Waka That Migrated to Aotearoa.
The Small Red Cross Represents - The Southern Cross.
MANAGEMENT TEAM CONSTITUTION AND MARAE JUDICIAL PROCEDURE.
(PART XII ‘93 TE TURE WHENUA MAORI - MAORI LAND ACT). PREAMBLE.

The hereditary Rangatira and Kaumatua I Kuia Council (Trustees) and The Management Committee. of
hapu / whanau together with their respective hapu / whanau of Aotearoa set out this Constitution
which embraces the Obligations and based on two Foundation Documents:

‘1835 Declaration of Independence.

‘1840 Te Tiriti o Waitangi.

whose obligations are entrenched forever.

All other’ Acts’ to be adopted and constituted into the Incorporation are:
‘ 1846 New Zealand Constitution Act, sec 10.
‘ 1852 New Zealand Constitution Act sec71.
‘ 1858 Native Circuit Courts Act, No.5.
‘ 1858 Native Assessors Act.
‘ 1858 Native District Regulations Act.
‘ 1891 The Legislative Councils Act.
‘ 1891 Letters Patent.
‘ 1894 The Native Land Courts Act. Part 11.
‘ 1988 Imperial Laws Application Act.
‘ 1991 Resource Management Act.
‘ 1993 Te Ture Whenua Maori, ‘Maori Land Act. Part I and Part 11.
‘ 1957 Provisions of the Summary Proceedings Act.
‘ 1961 Crimes Act.

WHAKAARO KOTAHI, TE KITENGA KOTAHI TE TU KOTAHI.

ONE MIND ONE VISION ALL TOGETHER.

© Copyrights Reserved by Hohepa Mapiria Joseph Murphy 1998

Our Ref: 281018356218400926 Orders not Valid for want of form Section: 74 Cf.1953 No94, ss34(8), 64(2)