THE NEW ZEALAND CONSTITUTION ACT 1852 UK Gina Maxwell 8:54am Oct 4 – (Section 71.) Section 71 - Provision as to Maori Laws and Customs: - And where it may be expedient that the Laws, Customs, and Usages of the Aboriginal or [Maori] Inhabitants of New Zealand, so far as they are not repugnant to the general principles of humanity, should for the present be maintained for the Government of themselves, In their relations to and dealings with each other, and that particular Districts should be set apart, within which such Laws, Customs, or Usages should be so Observed. (1) Tikanga Maori means Maori Laws, Customs and Usages, Constituted, Legislated and Regulated in accordance with the provisions of Section 3, Part XIII, Section 253, 253A/93 and Section 268 (3) of section 17 of Te Ture Whenua Maori Amendment Act 1994. (2) Tangata Whenua means Aboriginal or [Maori] Inhabitant of Aotearoa (New Zealand). (3) Tino Rangatiratanga means[Independent Sovereign] Government of themselves, In All their Relations toand dealing with each other, pursuant to Articles 1, 2, 3 of the Declaration of Independence 1835, Article 2 of Te Tiriti O Waitangi 1840 and in particular in accordance with the provisions of Part XIII, Section 247 of Te Ture Whenua Maori Land Act 1993. [(Maori Mandatory Sovereignty) – Re Vattel MMC pg’s 13-14.] (4) Whenua Means All Lands in New Zealand by which the Native Title or Aboriginal Title has Not Been Extinguished in accordance with the British Crowns Right of Pre-emption under the provision of Article 2 of Te Tiriti O Waitangi and in particular under the provisions enacted under The (former) “NativeDistrict Regulation Act 1858, No 4, Section 1 to 11”; and – (a) In terms of Section 8 of “The Native Districts Regulation Act 1858 No 4”, “Both Houses of the General Assembly” means “The Imperial Parliament of Westminster (UK) which includes The House of Lords “Kawanatanga” (UK)” AND “The Upper House of Maori (NZ) and CROWN (NZ)” Constituted under Regulation 8 of this Act, and to be known as Te Paramata Rangatiratanga (NZ)”. (b) Notwithstanding any enactment of the Lower House of (the Settlers and Immigrants) Representatives, weather made before or after the commencement of this Act or made in contravention of this Act or any terms of – (i) “Article 2 of the Declaration of Independence 1835”, or (ii) “Article 2 of Te Tiriti O Waitangi 1840”, or (iii) “The New Zealand Constitution Act 1852 (UK) Section 71, or (iv)“The Native District Regulation Act 1858 No 4”, or (v) “The Native Circuit Courts Act 1858 No 5”, or (vi) “The Native Land Courts Act 1894, Part II. (c) Shall have no Force or Effect and Shall not be deemed to have Extinguished the Native or Aboriginal Title nor Binding on the British Crown (UK) nor Maori (NZ), by reason that the Lower House of (the Settlers and Immigrants) Parliament (NZ) Lack the Prerogative Power in relation to the “Native or Aboriginal Title and Maori Affairs, notwithstanding the Maori Electorates within and Part of the Settlers and Immigrants Parliament of New Zealand who have No Constitution Aspect and, [(Referred to by Royal Commission Report on the Electoral System, 1986). [MMC Pg 41], (Clause (b) Refer Section 5 Native Lands Regulations Act 1858 No 5)] (d) That such Parliament Lack Prerogative Power to Legislate and Regulate on matters of Tikanga Maori Affairs without Maori actually being Represented by Absolute Mandate of Mana Tangata, Mana Whenua, Kaitiakitanga and Tino Rangatiratanga. (e) Provided however that nothing in this Act Shall be construed to prevent Tangata Whenua or Kaitiakitanga of the Native/Aboriginal Title commonly known as “The Share Holders, Owners or Guardians “having Mana Whenua within a Maori Incorporation constituted under Part XIII of Te Ture Whenua Maori Land Act 1993 and its amendments from:- (i) Adopting any provision of any Statute’s or Enactments made by the Lower House of (the Settlers and Immigrants Parliament of NZ) Representatives into the Constitution of their respective Maori Incorporation Constitution Regulations. (ii) Provided Also that no such adoption of any Statute or Enactment Shall have any Force or Effect or to be Construed as Binding on [Maori] Tangata Whenua of New Zealand until such Statutes and Enactments has been Adopted by Resolution and Assented to by Tangata Whenua or Kaitiakitanga both within their respective Incorporations Districts and such Resolution being adopted by Resolution at Waitangi on the 28th October each proceeding year and Scrutinized by Resolution of the Upper House of Representatives of the General Assembly or “The Maori Legislated Council (NZ)”. Section 71 – continued: It Shall be Lawful for Her Majesty, by any Letters Patent to be Issued under the Great Seal of United Kingdom, from time to time to make any provision for the purpose aforesaid, any repugnancy of such [Maori] Laws, Customs, or Usages to the Law of England, or to any Law, Statute, or Usage in Force in New Zealand, or in any Part thereof, in Anywise Notwithstanding. (1) Pursuant to Section 253 of Te Ture Whenua Maori Act 1993 it Shall be Lawful for a Maori Incorporation by Special Resolution of its Owners of their Respective Districts, together with a Resolution of a Meeting held at Waitangi on the 28th October of each proceeding year and in accordance with:- (i) Article 3 of the Declaration of Independence 1835, (ii) Article 2 of Te Tiriti O Waitangi 1840 and (iii) Section 71 of the New Zealand Constitution Act 1852 (UK) and (iv) Section 268 (3) of Te Ture Whenua Maori Amendment Act 1994. (2) To Request Letters Patent to be Issued under the Great Seal of the United Kingdom for the Adoption of these Maori Laws [Tikanga Maori] Customs and Usage in force in New Zealand or any Part there, in anywise notwithstanding.
Posted on: Sat, 05 Oct 2013 02:34:14 +0000