Treat of Waitangi contractual partners
Grace Haden made this Official Information request to Ministry of Māori Development
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From: Grace Haden
Dear Ministry of Māori Development,
The treaty of Waitangi was signed by Hobson on behalf of the then Queen of Britain in 1840
New Zealand at the time was not a colony of England
1841 the country became a colony and in 1853 when the New Zealand Constitution Act 1852 was passed by the parliament of the United Kingdom NZ became a self-governing colony
In 1947 the colony of New Zealand was the last of the Dominions to adopt the Statute of Westminster at which point NZ became independent of the British Parliament. Statute of Westminster Adoption Act 1947
1948 The British Nationality and New Zealand Citizenship Act conferred British and NZ nationality on all New Zealanders and those who were naturalised under this act
1975 Treaty of Waitangi Act was passed by a parliament comprised of British subjects voted into office by a British parliament elected by British citizens .( by virtue of definiton in the 1948 legislation)
in1977 the Citizenship act repealed the British Nationality and New Zealand Citizenship Act 1948
in 1981 British Nationality Act 1981 legislation passed in the UK and With the passing of these two acts, we ceased being British citizens 1 January 1983
Going back to the treaty as recorded in the 1975 act
both the english version in the third article states
In consideration thereof Her Majesty the Queen of England extends to the Natives of New Zealand Her royal protection and imparts to them all the Rights and Privileges of British Subjects.
Maori version translated through google translate states
This is also a declaration of agreement with the Queen's Government-The Queen of England will protect all the natives of New Zealand and grant them all the same rights as she has towards the people of England.
This makes it clear that the agreement was not made by the Government of New Zealand or NZ citizens. It offers Maori the same rights as the British Subjects ... we were all British subjects prior to 1 January 1983 and we lost that status
My OIA
please provide all documents which consider the validity of the treaty now given that
1. the translation and English text do not co relate
2. not all Maori signed the english version
3. the British appear to have breached the treaty by removing british citizenship as confered in the third article
please provide documentation which shows that an issue was raised with Britain for removing the citizenship status from Maori in direct breach of the treaty
please provide discusion papers and evidence that show that the agreement made at a time before New Zealand was a colony is binding on a nation which has evolved as a independent self governing state of non british citizens
Please provide the legislative refences which make the non maori population of the current New Zealand Government and its citizens party to the treaty of waitangi
By virtue of hte citizenship act 1977 we are New Zealand citizens or not Please provide evidence that Maori have differnt rights to any other citizen regardles of how many generations we have been here or our heritage.
.. in contract law we are not pary to an agreement that was not made by us, unless there is somehting that binds us I am looking for that evidence
On the issue of " cede " the google translation of the first article reads
The Chiefs of the Commonwealth and all the Chiefs who have joined that Commonwealth shall forever cede to the Queen of England the whole Government of their lands.
By way of OIA what Maori dictionary was used for the interpretation which lacks the word Cede , and when was that dictionary first published
what evidence does a person need to have to claim they are Maori
Yours faithfully,
Grace Haden
From: MB - OIA
Ministry of Māori Development
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