Maori and the New Constitution


The Constitutional review panel consisting of pro Maori, are in favour of a Bolivian style of constitution where a country’s indigenous people have rights over and above the non-indigenous people, and this despite Maori themselves not being an indigenous people of New Zealand. This would completely over rule the Tiriti O Waitangi where Queen Victoria granted all the people of New Zealand the same rights under one sovereignty and one law. Our Constitution must always be based on the Tiriti o Waitangi and its one principle.

“He iwi tahi tatou – We are now one people/Nation”.

Lt. Governor William Hobson, 6th February 1840 at Waitangi.

The Party with a Hidden Agenda

The Maori Party

The Maori Party was formed in 2004 and Pita Sharples became its co-Leader. The Maori Party’s ambition was to give Maori people more power in New Zealand politics but this would be impossible to achieve on their own. They needed the United Nations and the aid of indigenous people of the world to help them achieve this political power.


National and John Key

In 2008 and 2011, the National Party gained power and the Hon John Key took on the Maori Party as their Coalition Partner. Clause 8 of the National Party’s Relationship Accord and Confidence and Supply Agreement with the Maori Party, states,

‘National and the Maori Party agree to continue to progress the review of New Zealand’s constitutional arrangements and the advisory panel established to lead public discussion on relevant issues. The advisory panel is to deliver its recommendations to the Government in September 2013’.

Clause 8

The Maori Party’s reason for including clause 8 in the Agreement with the National Party was to give Maori more power in the running of our country with a re-written Constitution. But before they could do this they needed the Government to accept Maori as the indigenous people or tangata whenua of New Zealand to get the support of the United Nations and the world’s indigenous people.


A Nation’s Unity Over-Ruled

The United Nations and the Declaration on the Rights of Indigenous People (DRIP).

New Zealand Government’s for many years refused to agree to the Declaration on the Rights of the Indigenous People, as they had no definition of the indigenous people of New Zealand. The ONZF wrote to the Prime Minister, Hon John Key, the Attorney General the Hon Christopher Finlayson and the Hon Pita Sharples in early 2012 for the definition of the Indigenous People of New Zealand and they all replied,

“no document exists containing this information”.

Despite this and without the knowledge of the other Parties or a mandate from Parliament or the People of New Zealand; the Hon John Key sent Hon Pita Sharples to the United Nations in secret, to agree to the Declaration on the Rights of the Indigenous People. See Hansard, 20 April 2010.


“What any man, whoever he may be, orders on his own is not law”. Jean-Jacques Rousseau, Book 11, Chapter 1, Treatise of Social Contract, 1763.


While at the United Nations, the Hon Pita Sharples misled the UN stating, “Maori hold a distinct and special status as the indigenous people, or tangata whenua of New Zealand”, to get its support and the support of the indigenous people worldwide. Letter from Sharples dated the 12 April 2012.

The Hon Pita Sharples and Hon Bill English have now hand-picked a pro-Maori Constitution Advisory Panel to travel the country to get feed-back to write a report to Government on a new Constitution by the end of 2013. This Panel is meeting with Maori organizations and groups to push for a constitution based on the Bolivian Constitution where the Indigenous people have rights not shared with the rest of the community. Maori are not indigenous to New Zealand and Bolivia does not have a Treaty with Queen Victoria where we were all guaranteed the same rights under one sovereignty and one law!

There are many Acts of Parliament giving Maori preference and advantage over non-Maori such as the 1975 Treaty of Waitangi Act and its amendments, but they are not entrenched in our law, so can be overturned by a simple majority in Parliament. See, “New Zealand in Crisis”, by the ONZF, page 30.

While the Tiriti o Waitangi gave all the people of New Zealand the same rights under the law, this founding principle has been over-ruled by the UN recognition of Maori as an indigenous people as defined by DRIP and the Government’s acceptance of the Declaration of the Rights of Indigenous People. Maori now have both the elevated status from their UN recognition and as the tangata whenua of New Zealand. This is in direct violation of the Tiriti o Waitangi and in defiance of all historic evidence.

1. Maori did not originate from New Zealand nor are they the first to inhabit this country.

The Tiriti o Waitangi, refers to the people as ‘tangata maori’, not ‘tangata whenua’ as it was common knowledge amongst the Maori and the missionaries that there were people already inhabiting New Zealand long before the Maori arrived in the 14th century. They were called Patupaiarehe or Turehu and Maori described them as, “of non-Maori appearance, having reddish hair and pale skin”.

Dr Ranginui Walker stating in, The 1986 New Zealand Book of Events, page 18, “The traditions are quite clear on one point, where ever crew disembarked there were tangata whenua (prior inhabitants). The canoe ancestors of the 14 century merged with these tangata whenua.”

Dr Ranginui Walker can only supply mythical evidence as to these tangata whenua people as no forensic evidence exits or if it does, has not been made available to the Public. The Public do not know where these tangata whenua came from, when they arrived or how they travelled to New Zealand except for the many varying myths and legends told by Maori themselves. It is stated by Maori, “some arrived by canoe, some on the back of a whale and others fished up New Zealand”. Dr Ranginui Walker even gave the suggestion; the Great Migration may have been just down the coasts of New Zealand when local areas became overpopulated. There is even a theory that tangata maori may have been brought to load ships then left behind to fend for themselves.

1. Maori are no longer the race that signed the treaty.

While Maori may have been tangata maori when they signed the Treaty, through the continuing intermarriage of their own free will with the colonisers/settlers, they are now no longer the distinct race of people that signed the Tiriti o Waitangi in 1840. Only a few, if any full blooded tangata maori still exist. As their ancestry has become further and further diluted over the years, many Acts of Parliament have been enacted to allow Maori to be recognized as tangata maori for specific reasons, but the reason should not be to gain resources belonging to all the people of New Zealand or be paid compensation it is alleged their Pakeha ancestors created.


An Apartheid Tribunal and a False Treaty

Breaching the Treaty of Waitangi

The Treaty of Waitangi Act was passed in 1975 and set up the Waitangi Tribunal, a Maori only taxpayer funded; apartheid Tribunal, to hear future grievances against the Crown. Non-Maori were denied participation or the right to appeal its findings. This breached the Third Law of the Tiriti o Waitangi.


Attached to this Act was an ‘unauthorized English version’ of the Treaty of Waitangi, which gave Maori ‘exclusive rights’ to their Lands, Estates, Forest, Fisheries and all their property (Goods). Property later defined as ‘their treasured possessions”. The very term English version contorts reality, because it implies a variation of the original, whereas this ‘English version’ is neither derived from the Tiriti O Waitangi nor is it the ‘final draft’ document. There is in fact no such thing as ‘The Treaty of Waitangi’, as Lt Gov. Hobson neither wrote nor authorised an English version of Te Tiriti O Waitangi and it is plainly unlawful to present any other document in its place.

In 1985 the Treaty of Waitangi Amendment Act allowed claims dating back to 1840 to be lodged. The floodgates were now open to hundreds of claims that in many cases had already been heard by the Courts and “fully and finally” settled or rejected by parliament in the 1940’s. (See Richard Hill’s report for the Lange Government in 1989).

The ‘official Tiriti O Waitangi’ was also attached to the Act at this time, (1985) showing the Second Law included “all the people of New Zealand”. (The Tiriti has three Laws not Articles.). Pakeha at the time the Tiriti was signed, owned or had contracts to purchase over two thirds of New Zealand. For this reason Pakeha had to be given recognition. Pakeha (all the people of New Zealand) were given the same rights as Maori; to their lands, settlements and property. “Fisheries and Forests” were not mentioned in the ‘official Tiriti o Waitangi’.



The Partners in Corruption

“By the Law of Nature, all things common to mankind, the air, running water, the sea and consequently the shores of the sea”. Emperor Justinian, 500AD.


The Pakeha are Written Out of our Tiriti o Waitangi.

In 1986 the Fourth Labour government introduced the ‘Five Principles for Crown Action on the Treaty of Waitangi’. Principle Four stated the Treaty was a ‘Partnership’ between Maori and the Crown. The 1987 Court of Appeal between the Maori Council and the Attorney General endorsed, “The Treaty was a “Partnership between Maori and the Crown”, which completely wrote non-Maori out of the Treaty. This is a breach of the Tiriti O Waitangi, which does not have any clause implying a “ Partnership between Maori and the Crown”, but does specifically state that tangata maori were to be “given the same rights as the people of England”

Through the Waitangi Tribunal, Maori have acquired large holdings in our Crown Lands, Fisheries, Forests, Lakes and Rivers etc, all previously privately owned or held in “trust” by the Crown for the people of New Zealand.

This was still not enough for Maori, they now wanted a bigger part in running the country and thus became involved in the drafting of the United Nations Declaration on the Rights of Indigenous People’ back in 1988.

Since the Hon Pita Sharples misled the United Nations, Maori are now recognised as the indigenous people or tangata whenua of New Zealand they will get all the support they need from the UN and the indigenous people of the world to gain supreme power in New Zealand.


A Brief History

“The chiefs place in the hands of the Queen of England, the sovereignty and authority to make laws”.

Sir Apirana Ngata, Minister of Native Affairs, 1922.


Protection Sought.

Thirteen northern chiefs asked for the King’s protection and to be their guardian in 1831, over 500 chiefs signed the Treaty asking for the Queen’s sovereignty, laws and protection in 1840 and in 1860 over 200 chiefs endorsed the Queen’s sovereignty, laws and protection at the Kohimarama Conference, one of the biggest gatherings of tangata maori chiefs ever.


The Tiriti O Waitangi

The Tiriti O Waitangi was signed between Queen Victoria and the tangata maori chiefs in 1840 giving supreme power in New Zealand to Her Majesty the Queen. Tangata maori were given the same rights as the people of England. As each chief signed Lt. Governor Hobson shook their hand and said the words “He iwi tahi tatou – We are now one people/Nation”.

The Tiriti was then taken around the country where over 500 chief’s names or marks were obtained. Sovereignty was claimed over the North Island by Treaty and over the South Island by Discovery, New Zealand was declared a British Colony on the 2nd of October 1840.


Only One Treaty, Te Tiriti o Waitangi

“The treaty which forms the base of all my proceedings was signed at Waitangi on the 6th February 1840, by 52 chiefs, 26 of whom were of the federation, and formed a majority of those who signed the Declaration of Independence. This instrument I consider to be de facto the treaty, and all signatures that are subsequently obtained are merely testimonials of adherence to the terms of that original document”. Lt.Governor William Hobson.


What English Version?

There are many English language treaty documents compiled from the early rejected drafts of the treaty by Hobson’s secretary James Freeman, but none were ever authorised by Governor Hobson to be read, discussed or signed by the chiefs. One of Freeman’s compilations was used as an expediency only, to collect signatures at Waikato Heads when the only available copy of the Tiriti; a CMS printing of the Tiriti text, which was read and discussed; could then hold only five signatures or marks. A further thirty-nine chiefs put their names or marks on one of the ‘unauthorized English language document’. Every signature collected around the country after Waitangi had the same status, regardless of what paper was used. It was the same for both the Government issued copies of the Tiriti text and the one English language treaty document. All signatures were accepted as “testimonials of adherence to the terms of that original document”, Te Tiriti o Waitangi. Governor Hobson included on all the Government issued Tiriti copies, “Done at Waitangi on 6th February 1840,” to ensure the signatures pertained to the treaty signed at Waitangi on that date. While the unauthorized ‘English version’ also has the date 6th Feburary 1840, it was never read, discussed or signed on that day. It is not an official Treaty document authorized to be signed by Hobson.


Our First Constitution.

On the 3 May 1841 Her Majesty Queen Victoria gave Her Royal Charter, breaking ties with Australia and giving Governor Hobson’s Government the right to make laws within New Zealand under the watchful eye of the British Government. A Constitution was given to New Zealand by the British Government in 1846 but was not fully adopted until 1852 after it had been amended. Since this time our Constitution, like many other constitutions around the world has been added to and amended as required.


The Native Land Act

In 1865 it was found that tangta maori had intermarried mainly with the colonisers of their own free will and were therefore no longer the distinct race or tangata maori that signed the Treaty in 1840. The 1865 Native Land Act was passed which defined a Maori as’ “An Aboriginal Native and shall include all half-castes and their descendants by a Native”. (50% or more of tangata maori ancestry).

As Maori have continued to intermarry the Acts have been amended until today a Maori is defined as, “A person of the Maori race of New Zealand and includes any descendant of such a person”. (Can be less than 1% of tangata maori ancestry).

The UN has a very loose definition of ‘indigenous people’. A people that inhabited the land before colonisation. But the reality is Maori today cannot possibly be awarded this status as their ancestry is so diluted through intermarriage. Today, thanks to Prime Minister John Key, Maori can have less that 1% tangata maori ancestry but gain all the advantages and privileges of being tangata whenua or the indigenous people of New Zealand under the United Nation’s Declaration on the Rights of Indigenous people.


A break down between the ethnic groups in Bolivia compared with New Zealand, are as follows.

Bolivia Full ‘native’ 55%, Tangata maori ?%, Bolivia Part-‘native’ 30%, Part-Tangata maori 15%, Bolivia. Other Races 15%, New Zealand Other Races 85%. While there are still 55% of full-blooded ‘natives’ in Bolivia, most/all tangata maori have intermarried with other races to become part-tangata maori/Maori.



Statute of Westminster

In 1947 we adopted the Statute of Westminster, which granted New Zealand complete autonomy in foreign as well as domestic affairs. From this time on all New Zealanders, including Maori became New Zealand Citizens under one flag and one law.


No Need for a New Constitution.

“We have a strong legal basis and constitutional framework”. Prime Minister John Key, Question time on the UN Declaration on the Rights of Indigenous Peoples—

[Volume: 662; Page: 10238],

Despite the above statement from John Key, the Maori Party has forced our weak Prime Minister to accept Clause 8 of the National Party’s Agreement with the Maori Party which has allowed a handpicked pro-Maori Advisory Panel to write a report, which could be in favour of a new Constitution based on the Bolivian model.


How Can You Help?

Write to the media, the Prime Minister, your Member of Parliament and the Constitution Advisory Panel and tell them that we do not need a new Constitution. We need a new Act of Parliament where all New Zealand Citizens are treated the same under one Sovereignty and one Law.

We must honour the Tiriti o Waitangi that was signed at Waitangi on the 6th February 1840 with a handshake and the words, “He iwi tahi tatou – We are now one people/Nation”.


Prepared by the One New Zealand Foundation Inc.