A Written Constitution?
Lt. Governor William Hobson at the signing of the Tiriti o Waitangi at Waitangi on the 6th February 1840.“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.
A written Constitution must be based on the Tiriti o Waitangi
On Wednesday August the 3rd 2011 the Deputy Prime Minister Hon Bill English and the Minister of Maori Affairs and co-leader of the Maori Party Hon Pita Sharples announced 12 appointees to a Constitution Advisory Panel. Sharples stating, “An important part of this review process will be consultation with Maori, particularly on the place of the Treaty of Waitangi in our Constitution. The Members of this group are well placed to seek out and understand the perspective of Maori on these important issues”.
What about the other 85% of the population Mr Sharples? Who is going to seek out their perspective, especially with Tipene O’Regan as its co-chairman? Will they be using the Tiriti o Waitangi that was signed by over 500 chiefs in 1840; or the false and distorted versions and translations Maoridom and the Waitangi Tribunal has used to con the majority of New Zealanders out of their Treaty rights?
If we are to have a written Constitution, there are some very serious matters the Constitution Advisory Panel must prove beyond all reasonable doubt before they can consider a written Constitution based on the Treaty of Waitangi. They are,
1. Forensic evidence that Maori were the Indigenous People of New Zealand?
- Recognising the Littlewood Treaty document as Hobson’s final English draft of the Tiriti o Waitangi.
- Recognise the Tiriti o Waitangi signed at Waitangi on the 6th February 1840 as Governor Hobson’s only official Treaty text. The legal text under International Law.
- Recognise the 1869 Native Department’s back-translation as the official translation.
- Disregard all English versions of the Treaty of Waitangi.
- Should today’s Maori through intermarriage of their own free will with other races be recognised as “the distinct race of people that signed the Tiriti o Waitangi in 1840”?
Without this, the Tiriti o Waitangi and the history surrounding it will continue to be distorted by the claimants, the Waitangi Tribunal, the Courts and the Government to give preference to part-Maori when, in fact, it gave the same rights to all the people of New Zealand irrespective of race, colour or creed. “He iwi tahi tatou – We are now one people/Nation”.
When Governor Hobson stopped off in Sydney on his way to New Zealand in 1839, he found the chiefs had sold or held contracts to sell virtually half of New Zealand to the settlers, whalers or speculators before the Treaty of Waitangi was signed (one fifth of the North Island and virtually the whole of the South Island), therefore, the settlers, whalers and speculators had to be included in Article 2 of the Tiriti o Waitangi as they had a major stake holding in New Zealand at the time the Treaty was signed. See research by Jean Jackson.
The Mana and Maori Party’s have hinted at adopting the Bolivian Constitution where the indigenous people have preferences over non-indigenous people and possibly part of Sharples plan when he conned the Hon John Key into accepting the ‘UN Declaration on the Rights of Indigenous People’ and recognising ‘Maori as the Indigenous People of New Zealand’ without mandate from the other Party’s, Parliament, the People or forensic evidence. Maori legends state, they were not the Indigenous People of New Zealand; they arrived here to find New Zealand already inhabited by, “a fair skinned people with blonde or red hair”. Bolivia population is 55% full-blooded indigenous people, but through intermarriage of their own free will with other race, it would be very hard to find many full- blooded Maori in New Zealand today.
“The traditions are quite clear: wherever crew disembarked there were already tangata whenua (prior inhabitants). The canoe ancestors of the 14th century merged with these tangata whenua tribes. From this time on the traditions abound with accounts of tribal wars over the land and its resources”. Comment by Dr Ranginui Walker in ‘The New Zealand Book of Events’, page 18, (1986). When the Tiriti o Waitangi was signed the “canoe ancestors of the 14 century” were known a “tangata Maori”, not “tangata whenua”.
All New Zealanders, irrespective of race, colour or creed should be extremely concerned of a new Constitution when we look at the people that make up the Advisory Panel below. If we have a new Constitution, then it must be based on Governor Hobson’s final English draft dated the 4th February 1840 and its translation, the Tiriti o Waitangi our founding document that over 500 chiefs signed in 1840. The only Treaty that Governor Hobson authorised to be signed and the only Treaty the chiefs understood and agreed to sign at Waitangi on the 6th February 1840 with a handshake from Governor Hobson and the words,
“He iwi tahi taou – We are now one people/Nation”.
“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”. Governor Hobson’s instructions to those collecting further signatures from the Southern tribes.
The 6 questions above must be the first priority of the Constitution Advisory Panel before it can conduct, “Its wide-ranging review of New Zealand’s Constitutional arrangements and whether New Zealand needs a written constitution”. Without this, the Constitution Advisory Panel below would be wasting its time and taxpayers money. Our Prime Minister John Key stated on the 20 April 2010, “We have a strong legal basis and constitutional framework”, (Hansard, Volume 662, page 10238), therefore it is only the Maori Party that is pushing for a new Constitution to give it more power in Government.
We do need to update our Constitution to stop all this nonsense but it must be based on Governor Hobson’s final draft and its translation, the Tiriti o Waitangi our founding document that was signed at Waitangi on the 6th February 1840 that gave the same rights to all the people of New Zealand irrespective of race, colour or creed. “He iwi tahi tatou – We are now one people/Nation”
Constitutional Advisory Panel
Co-chairs: Emeritus Professor John Burrows; Sir Tipene O’Regan,
Members: Peter Chin, Deborah Coddington, Michael Cullen, John Luxton, Bernice Mene, Leonie Pihama, Hinurewa Poutu, Linda Smith, Peter Tennent, Ranginui Walker.
Prepared by the One New Zealand Foundation Inc. 4/10/2011.