why did they jail Shane Wenzel Three Regents of Her Majesty’s put together an Act called Te Ture Whenua Maori Act, Maori Bill, and in doing so, the Government enacted the Conservation Act 1987. The Regents put on hold by the Common law that private land under the Conservation Act means land referred to in the Maori Land Act 1993 or Te Ture Whenua Maori Act 1993. That was to come into force some years later. In 1993 comes in an Act called Te Ture Whenua Maori, Maori Land Act. This Act was an Act that was brought into existence by the Parliament of Westminster, whom appointed three (3) Regents namely Cliff Whiting, David Singh and Joseph Hohepa Mapiria Murphy to draft up laws for the sovereign right here in Aotearoa, NZ. A Regent as defined in legal terms is, quote “a person who exercises the ruling power in a kingdom during the minority, absence, or other disability of the sovereign.” Unquote. Maori are the sovereigns, are a minority and are - under a disability at this present time. This was a directive upon all ministers of the Crown and all judges and Departments of the Crown. They are to do so in a way that reaffirms the Rangatiratanga (Sovereignty) of Maori as stated in Article 2 of Te Tiriti o Waitangi. Within the Act the key words to listen to are these, “Shall!” in each sub section you will hear the word “Shall”, the missing words are “The Parliament of Westminster.” So you listen to the word “Parliament” which means “the Parliament of Westminster” has made an Act through three regents who are members of the Privy Council in the House of the Spiritual Temple in the Common House of Lords of the Parliament of Westminster who reside personally here, right here in Aotearoa, New Zealand. Now the key words are “shall” and “control” and “the power” in Part XIII of the TTWMML Act 1993, which allows a Maori incorporation to alter, add too or replace any parts of their constitution under any provision of the Act, or any regulations made under the Act, or any other enactment and the general law. Qualified by (beer) Full rights, powers and privileges. Interpretation of Act generally— (1) it is the intention of Parliament that the provisions of this Act shall be interpreted in a manner that best furthers the principals set out in the preamble to this Act.”. What is in the preamble of this Act, Te Tiriti 0 Waitangi, Kawanatanga (governorship) for the protection of Rangatiratanga (sovereignty), and to have a court to assist it in the necessary mechanisms to create any law, statute, regulation or limitation they choose to; that’s in the preamble to this Act. Now subsection (2) of Section 2, - Without limiting the generality of subsection (1) of this section, it is the intention of Parliament that powers, duties, and discretion’s conferred by this Act shall be exercised, as far as possible, in a manner that facilitates and promotes the retention, use, development, and control of Maori land as taonga tuku iho (forests, fisheries and other taonga) by Maori owners, their whanau, their hapu, and their descendants. So, when you take a look at the common law you see the decision made by Lord Davey, that the Crown lacked unreviewable prerogative power in relation to the Native Title, who were unwilling to accept that a Crown grant amounted to the extinguishment of that Native Title and so, there is no land in NZ that is not Maori customary land, it is only deemed Crown land for certain purposes(3) In the event of any conflict in meaning between the Maori and the English versions of the Preamble, the Maori version shall prevail. So in the Maori version of the preamble the key word in the preamble is “Tika”. Now, when you look at the word deemed, in the eyes of a Maori arguing a word saying deemed and that is “to be” you would read Section 144 of the Act “Maori Customary Land deemed (to be) Crown Land for certain purposes, or you can read it as, “Maori Customary Land for the time being Crown Land”.. Subsection (3) of Section 2 states” In any conflict between the Maori and the English version of the preamble, the Maori version shall prevail. Under the Native Circuit Courts Act 1858, number 5, under section 32 of that Act. Such provisions come under Section 32 of the Te Ture Whenua Maori, Maori Land Act 1993. (“TTWMMLA”). Section 33 TTWM, ML Act 1993. Additional members in relation to matters of representation - (1) where a request is made to the Maori Land Court under section 30 (1) of this Act, the Chief Judge shall appoint two or more additional members (not being Judges of the Maori Land Court) to the Maori Land Court. (2) Each person appointed under subsection (1) of this section shall possess knowledge and experience relevant to the subject matter of the request. (3) The chief judge shall, before appointing any persons under subsection (1) of this section for the purposes of any request, consult, as the case may require, with the parties to the proceedings or with persons involved in the negotiations, consultations, allocations, or other matter about the knowledge and experience that any such person should possess. Section 62. Additional members with knowledge and experience in Tikanga Maori - (1) Notwithstanding anything in any other provisions of this Act, or any cases stated under Section 61(1) (beer) of this Act, for the opinion of the Maori Appellate Court, the Chief Judge may, if any party to the proceedings so requests, direct that, for the purposes of the hearing of that case, the Maori Appellate court shall consist of - (angel) Three judges of the Maori Land Court; and (beer) One or two other members (not being judges of the Maori Land Court) to be appointed by the chief judge. (2) Each person appointed under subsection (1) (beer) of this section shall possess knowledge and experience of Tikanga Maori. (3) The Chief Judge shall, before appointing any person under subsection (1) (beer) of this section for the purposes of any hearing, consult with the parties to the proceedings about the knowledge and experience of Tikanga Maori that any such person should possess. Interpretation of “Tikanga Maori” means “Maori Customary values and practices.” Where do you go and practice what is in accordance with Tikanga Maori? Back to your Marae. Where is the law that defines this, in the He Whakaputanga o te Rangatira o Nu Tirene (Declaration of Independence) 1835 and Te Tiriti o Waitangi (Treaty of Waitangi) 1840, and at what place are the creation and dispensation of laws to be made for Maori by Maori? At Waitangi Marae, Waitangi. Therefore, the court proceedings under Tikanga Maori shall be conducted by persons with the knowledge of Tikanga Maori, back at the Marae are Maori customary values and practices, and on sitting on that Marae, additional members and the judges of the Maori Land Court become a witness of the kawa of the Marae, hurinoa to tatou whare, those are the people within the house who are the judges. Section 35 of TTWM, ML Act 1993 will indicate for you what a Maori Land Court is it has the same powers as theHighCourt. The Jurisdiction of the Maori Land Court is this. Section 237 Jurisdiction of Court generally — (1). Subject to express provisions of this Part of this Act, in respect of any trust to which this section applies, the Maori Land Court shall have and may exercise all the same powers and authorities as the High Court has (whether by statute or by any rule of law or by virtue of its inherent jurisdiction) in respect of trusts generally. (2) Nothing in subsection (1) of this section shall limit or affect the jurisdiction of the High Court. So therefore the MLC has the same jurisdiction as the High Court, but the High Court’s jurisdiction is still retained for the benefit of the settlers and not Maori and so when you talk of ...
Posted on: Sun, 16 Jun 2013 00:16:44 +0000
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