Treat of Waitangi contractual partners

Grace Haden made this Official Information request to Ministry of Māori Development

Ministry of Māori Development did not have the information requested.

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in1977 the Citizenship act repealed the British Nationality and New Zealand Citizenship Act 1948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

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From: MB - OIA
Ministry of Māori Development

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Ngā mihi

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From: MB - OIA
Ministry of Māori Development


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Tēnā koe Grace

 

Please find attached the response to your information request.

 

Ngā mihi

 

 

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-----Original Message-----
From: Grace Haden [8][FOI #29401 email]
Sent: Sunday, 1 December 2024 5:50 pm
To: MB - OIA [9][TPK request email]
Subject: Official Information request - Treat of Waitangi contractual
partners

 

[You don't often get email from
[10][FOI #29401 email]. Learn why this is
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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

 

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