4th May 2000
IN A SUBMISSION
To: the Mataatua O Te Whare Ahupiri O Te Wharc Tairea
Applicant: The Chairman of Te Whare O Raro O Ko Huiarau
IN THE MATTER
Of the l 852 New Zealand Constitution Act the applicant seeks lawful redress
IN THE MATTER
of the Crown reinstating the Aboriginal Native Enactments of this Founding Document.
EVIDENCE OF THE GRIEVANCE
The Chainnan and Representatives of Te Whare O Raro, being duly mandated by our respective Hapu, have had brought to our attention by our people., their concerns over the breaching of the Aboriginal Native Enactments of the 1852 NZ Constitution Act. The concerns are multi-faceted and entail a number of issues. particularly in respect of 11aori Customary Law.
Part LXXI of the NZ Constitution Act 1852:
- And whereas it may be expedient that the Laws, Customs and Usages of the Aboriginal or Native Inhabitants of New Zealand, so far as they are not repugnant to the General Principles of humanity, should for the present be maintained’ for the Government of themselves, in all their relations to and dealings with each other, and that particular Districts should be set apart within which such Laws, Customs or Usages should be so observed:
It shall be lawful for Her Majesty, by any Letters Patent, to be issued under the Great Seal of the United Kingdom, from time to time, to make provision for the purposes aforesaid any repugnancy of any such Native Laws, Customs or Usages to the Law of England, or to any Law, Statute or Usage in force in New Zealand, or in part thereof, in any wise not withstanding. - The Crown as represented by the New Zealand Government would appear to be unaware that our country has in fact a Constitution in the form of the above underlined extract. The many statements made by politicians to the New Zealand public attest to this. Moreover the Government has appointed a corporate academic conference to discuss the following matters;
- whether or not New Zealand has a Constitution,
- whether we need one,
- whether Maori have a. governing body,
- whether to become a republic,
- the role of the Treaty of Waitangi
- who is the Head of State
- The 1986 NZ Constitution Act precluded all Aboriginal Native protection enactment’s from its statutes. The original 1852 NZ Constitution Act, protected by Sovereign Letters Patent remains intact for Maori, guaranteeing governance of themselves. There is a clear breach of the said Letters Patent by attempting to amend and to leave them out of Government statutes, giving all power and authorities as Head of State to the current Parliament of New Zealand.
This effectively gives full power of sovereignty to parliament to rule over its citizens, both Maori and non-Maori, unlimited by any constitution based on peoples rights and freedoms.
PREAMBLE ( Viz New Zealand Constilulion Act 1986)
“An Act to reform the constitutional law of New Zealand, to bring together into one enactment certain provisions of constitutional significance, and to provide that the New Zealand Constitution Act 1852 of the Parliament of the United Kingdom shall cease to have effect as part of the law of New Zealand.”
In this submission we support the Aboriginal Native Enactments of the 1852 NZ Constitution Act and remind the Crown that this being Letters Patent is inviolate and is itself confirmed by numerous Sovereign agreements and Treaties under International Law, these being:
- Covenant of Kohimarama 1860
- Sealing of Covenant of Kohimarama contract by gifting of child 1863.
(Albert Victor Pomare}
- Treaty Charter 1841
- Treaty Charter 1846·
- Treaty of Waitangi 1840 (Maori version)
- Declaration of independence 1835 (Section 2)
- King Henry VIII Herb Charter 1832
Treaty – The gifting of the flag and rights of free trade access. - Treaty of Versailles 1756 and 1919
- Magna Carta 1215
Ngati Wikitoria also feel that the rights and freedoms of the Westminster system further serve to affirm the Aboriginal Native Enactments of the 1852 NZ Constitution Act, particularly as Ngati Wikitoria gained full recognition from the Maori Nation through the gifting of a flag in 1832, this being prior to the Treaty of Waitangi of 1840.
Such Acts being:
- HABEAS CORPUS ACTS
- BHI of Rights 1688
- Act of Settlement 1701
REDRESS OF THE GRIEVANCE
The Charters Letters Patent and Protective Instructions from Crown for benefit of Tangata Whenua have been deliberately precluded by the New Zealand Parliament. even though the said Charters, Letters Patent, and instructions have never changed and are in fact still in place. The withdrawal of the Aboriginal Native Enactments from the original 1852 NZ Constitution Act and its substitution by the Amendment of the 1986 NZ Constitution Act removed these Enactments from public view.
· This served not only to confuse public as to what is Constitutional reality, but also again disenfranchised Maori, and continues to encourage division between Maori and non Maori.
We reiterate the authority inherent within these living documents and wish to notify the Crown that we the Sovereign people are aware of these breaches, aforementioned.
Vie implore that the Crown instructs the New Zealand Parliament to maintain the integrity of the 1852 NZ Constitution Act, and to include all Aboriginal Native Enactments into any NZ Constitutional Reform.
Signed this day of………………..in the Month of ……………in the Year of Our Lord Two Thousand.
CHAIRMAN
Te Whare O Raro O Ko Huiarau
Mataatua
Te Whare Ahupiri O Te Wharc Tairea
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