Alternative insight into settling the Treaty of Waitangi 1840

8/3/2019 Alternative insight into settling the Treaty of Waitangi 1840

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Treaty of Waitangi Act 1975 No 114 (as at 16 December 2010),Public Acthttp://www.legislation.govt.nz/act/public/1975/0114/latest/whole.html#DLM435534 Follow the

blue links (the rabbit hole goes deep). On the face of the act it looks simple, but following the link

exposes the complexity (trickery) of the Act. Like being cancer ridden, this just keeps growing andgrowing into more and more statutes and acts that feeds off the host (the true crown all people

regardless of race), depleting it of all energy (mauri).

Preamble

Whereas on the 6th day of February 1840 a Treaty was entered into at Waitangi between Her late

Majesty Queen Victoria and the Maori people of New Zealand: And whereas the text of the Treaty in

the English language differs from the text of the Treaty in the Maori language: And whereas it is

desirable that a Tribunal be established to make recommendations on claims relating to the practical

application of the principles of the Treaty and, for that purpose, to determine its meaning and effect

and whether certain matters are inconsistent with those principles.

There was no Maori reference in any of the founding documents.

All claims are void

6AA Limitation of Tribunal's jurisdiction in relation to historical Treaty claims

(1) Despitesection 6(1), after 1 September 2008 no Maori mayo (a) submit a claim to the Tribunal that is, or includes, a historical Treaty claim; or

(b) amend a claim already submitted to the Tribunal that is not, or does not include,

a historical Treaty claim by including a historical Treaty claim.

3. The Tribunal does not have jurisdiction (including, but not limited to, the jurisdiction to inquire or

further inquire into, or to make any finding or recommendation) in respect of a historical Treaty

claim that is

(a) submitted contrary to subsection (1)(a); or (b) included in a claim contrary to subsection (1)(b).

The tribunal has no jurisdiction to investigate any historical claim. It is a non-event.

4. To avoid doubt, if a claim is submitted to the Tribunal contrary to subsection (1), it must be

treated for all purposes (including, for example, for the purposes ofsections

8A(2),8C(1),8HB(1),8HD(1), and8HJ)as not having been submitted.Section 6AA was inserted, as from 13 December 2006, bysection 6Treaty of Waitangi Amendment

Act 2006 (2006 No 77).

So most claims are null alreadybefore they were submitted because they are based on a historical

claim. As soon as any whakapapa is given, its over. Its dealing with history.

The elite Maori set the ball rolling in this legislation. All those Maori who have positions have sold

you out. Annette Sykes, Hone Harawira, Pita Sharples, Shane Jones, King Tuheitia, Chief Kingi

Taurua, Sir Graham Latimer, Tariana Turia, Winston Peters, John Paki, Manu Paul, and the list goes

on
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8A Recommendations in respect of land transferred to or vested in State enterprise

(1) This section applies in relation too (a) any land or interest in land transferred to a State enterprise undersection 23of

the State-Owned Enterprises Act 1986 or vested in a State enterprise by a notice in

the Gazette undersection 24of that Act or by an Order in Council made

undersection 28of that Act, whether or not the land or interest in land is still vestedin a State enterprise:

If the land has not already transferred, it will be transferred by the consent of the owners into the

State Owned Enterprise. The State Owned Enterprise was created by the Maori Council and the Maori

Womens Welfare League with many of their uri stationed in the Iwi authorities and political parties.

Subject tosection 8Bof this Act, where a claim submitted to the Tribunal undersection 6of this Act

relates in whole or in part to land or an interest in land to which this section applies, the Tribunal

may

(a) if it findso (i) that the claim is well-founded; ando (ii) that the action to be taken undersection 6(3)of this Act to compensate for or

remove the prejudice caused by the ordinance or Act, or the regulations, order,

proclamation, notice, or other statutory instrument, or the policy or practice, or the

act or omission that was inconsistent with the principles of the Treaty, should

include the return to Maori ownership of the whole or part of that land or of that

interest in land,

include in its recommendation undersection 6(3)of this Act, a recommendation that that

land or that part of that land or that interest in land be returned to Maori ownership (which

recommendation shall be on such terms and conditions as the Tribunal considers

appropriate and shall identify the Maori or group of Maori to whom that land or that part ofthat land or that interest in land is to be returned); or

(b) if it findso (i) that the claim is well-founded; buto (ii) that a recommendation for return to Maori ownership is not required, in respect

of that land or any part of that land or that interest in land, by paragraph (a)(ii) of

this subsection,

recommend to the Minister within the meaning of section 2 of the Survey Act 1986 that that

land or that part of that land or that interest in land be no longer subject to resumption

undersection 27Bof the State-Owned Enterprises Act 1986 orsection 212of the Education

Act 1989; or

(c) if it finds that the claim is not well-founded, recommend to the Minister within themeaning of section 2 of the Survey Act 1986 that that land or that part of that land or thatinterest in land be no longer subject to resumption undersection 27Bof the State-Owned

Enterprises Act 1986 orsection 212of the Education Act 1989.

(3) In deciding whether to recommend the return to Maori ownership of any land or interest in land

to which this section applies, the Tribunal shall not have regard to any changes that, since

immediately before the date of the transfer of the land or interest in land from the Crown to a State

enterprise, or an institution within the meaning ofsection 159of the Education Act 1989, have taken

place in

(a) the condition of the land or of the land in which the interest exists and anyimprovements to it; or

(b) its ownership or possession or any other interests in it.
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A well founded claim is a claim to your title, individually and severally. The interest (your legal title)

is what everyone should be claiming to through their birth certificates which is evidencing the receipt

to their share of the common wealth.

To get a brief overview of the relationship between your body and the land, see this link

http://www.relatingtolife.com/index.php?page=233&name=Your%20Real%20Estate%20-

%20Your%20Body
http://www.relatingtolife.com/index.php?page=233&name=Your%20Real%20Estate%20-%20Your%20Bodyhttp://www.relatingtolife.com/index.php?page=233&name=Your%20Real%20Estate%20-%20Your%20Bodyhttp://www.relatingtolife.com/index.php?page=233&name=Your%20Real%20Estate%20-%20Your%20Bodyhttp://www.relatingtolife.com/index.php?page=233&name=Your%20Real%20Estate%20-%20Your%20Bodyhttp://www.relatingtolife.com/index.php?page=233&name=Your%20Real%20Estate%20-%20Your%20Body

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Alternative insight into settling the Treaty of Waitangi 1840