Constitutional law in 'New Zealand' - what decolonisation really looks like:

 The first law of the land know as "New Zealand" or "Nu Tirene" (ironically pronounced: New Tyranny) was and is Te Ture Tikanga. 

The website of the New Zealand Legal Information Institute shows that the first officially recorded Constitutional law passed in this country, the foundation for all future law, was Te Whakaputanga o Nga Rangatiratanga o Nu Tirene 1835,  The Declaration of Independence of the United Tribes of New Zealand.

The second constitutional law passed in this country, and the first attempt to form a sort of Colonial Government in New Zealand, to replace the debauchery, lawlessness and anarchy which had been prevailing among the newly arrived settlers, was on Tuesday, the 23rd May 1838, by the formation of the Kororareka Association, formed by a group of recent Pakeha immigrants living in the township of Kororareka (Russell, Bay of Islands) and its vicinity.  

The Kororareka Settlers Association Rules 1838, which purported to authorise a group of recent Pakeha immigrants to equip themselves with guns and ammunition and hunt down any of the natives who were suspected of "any theft, or connected with any robbery, or buying stolon goods knowing them to be stolon [sic], or harbouring a thief, or assisting a thief to get away without being brought to justice, the same person or persons be found guilty of any of the offences, shall be taken, to the tar-and-feathering shed and receive three coats of tar and feathers, and be then drummed off the beach into a boat and landed on the opposite side of the river, and never allowed to return to Kororaroka. "

The following month the Bill for the Provisional Government of British Settlements in the Islands of New Zealand [1838] was proposed in a further attempt at colonial governance.  The purpose of it is clearly stated - to take the land from the native owners in the most patronising, preposterous and sneaky manner possible:

 

 

 

 

 

Etc, Etc.

Then, in 1839, following the appointment of Hobson, and Lord Normanby's two sets of instructions to Hobson, there was the Provisional Constitution of the Port Nicholson (Poneke) Settlers Association.  This stated: "That in case a person shall commit any offence against the law of England, he shall be liable to be punished in the same manner as if the offence had been committed in England."

Conflict was clearly building with the native inhabitants in regard to the manner in which the English law was being applied vigilante style against native owners who were perceived to transgress the laws of England - of which they had no knowledge whatsoever, or native owners who didn't want to sell their land.  

 There followed various proclamations:

Firstly there was a Proclamation by George Gipps extending Boundaries of New South Wales to include New Zealand.  Then there was another Proclamation by Gipps appointing Hobson as Lieutenant-Governor of New Zealand.  Then there was a Proclamation by Gipps restricting Land Sales in New Zealand and another Proclamation by Hobson re Land Purchases - in case anyone missed the bit about the queen restricting land sales and not recognisng any settlers title as valid. 

"Her Majesty will not acknowledge as valid any title to land which either has been or shall be hereafter acquired in that country, which is not either derived from or confirmed by a grant to be made in Her Majesty’s name, and on Her behalf, but that care shall be taken at the same time to dispel any apprehension that it is intended to dispossess the owners of any land acquired on equitable conditions, and not in extent or otherwise prejudicial to the present or prospective interests of the community, to be investigated and reported on by Commissioners to be Appointed by Me, with such powers as may be conferred upon them by an Act of the Governor and Council of New South Wales: Now I, the Captain-General and Governor-in-Chief aforesaid, do hereby Proclaim and Declare such to be Her Majesty’s Commands, for the information and guidance of all parties interested; and I do further Proclaim and Declare that all purchases of land in any part of New Zealand which may be made by any of Her Majesty’s subjects from any of the Native Chiefs or Tribes of these Islands, after the date hereof will be considered as absolutely null and void, and neither confirmed nor in any way recognised by Her Majesty." - Gibbs

And "Her Majesty does not deem it expedient to recognize any titles to land in New Zealand which are not derived from or confirmed by Her Majesty as aforesaid; but in order to dispel any apprehension that it is intended to dispossess the owners of any land acquired on equitable conditions, and not in extent or otherwise prejudicial to the present or prospective interests of the community, I do hereby further proclaim and declare, that Her Majesty has been pleased to direct that a Commission shall be appointed, with certain powers, to be derived from the Governor and Legislative Council of New South Wales, to inquire into and report on all claims to such lands, and that all persons having any such claims will be required to prove the same before the said Commission when appointed. And I do further proclaim and declare, that all purchases of land in any part of New Zealand, which may be made from any of the chiefs or Native tribes thereof, after the date of these presents, will be considered as absolutely null and void, and will not be confirmed or in any way recognized by Her Majesty." - Hobson

This is the context in which Te Tiriti o Waitangi 1840 was signed.  The wording of it is clearly intended to assure the Native Owners of the land that their tino rangatiratanga over all their whenua, tikanga, and all their other taonga, would be protected.  The wording of Te Tiriti o Waitangi was deliberately deceitful.

Te Ringa Mangu Mihaka.

Te Ringa Mangu Mihaka (The Black Hand) was born in 1941at Parawhenua.  He grew up on his lands at  Parawhenua Pakonga, Ohaeawae, Taiamai, Ngawha, Pouerua, Waitangi, the awa and moana o Waitangi, Omapere, Ipipiri, Pewhairangi, from Pouerua to Rakaumangamanga.

He was born at home on the whenua at Pakonga, in a one room home without electricity that he shared with his parents and eight siblings.  In due course he attended Te Ahuahu Native School, where he was awarded dux of the school.  He recalls the prize, three books: Moby Dick, Dambusters, and Under Sealed Orders.  

He recalled the occasion when the teacher, a Mr Fleming, asked the tamariki "Who knows the name of the native trout?"  Due to the effects of colonisation, which had drummed into them the need to speak the English language at all times, there was silence as the students tried to think what it could be, finally Te Ringa Mangu put his ringa mangu iti (little black hand) up and said "Kokopu". 

He purloined an education by slipping into university lecture halls and listening, and thinking for himself.  He associated with other constructive thinkers (sometimes referred to as "activists", etc).  

When rudely confronted with the law saying ‘no Māori may use his language in the Courts of New Zealand if he can speak English, and the claim by the judge that, as a result of the signing of Te Tiriti o Waitangi, the laws of England suddenly apply to the whole of 'Nu Tireni', Mihaka stood up and said "Kahore!" and challenged the Statute of Pleading aka the Pleading in English Act 1362, all the way to the Privy Council, on the grounds that Te Reo was a "taonga" according to Te Tiriti o Waitangi.  He uttered the famous words "He taonga te reo" - the language is a "taonga" or 'treasured belonging'.  "Ki nga tangata katoa o Nu Tirani te tino rangatiratanga o o ratou whenua o ratou kainga me o ratou taonga katoa."

Te Ringa Mangu Mihaka, aka 'Dun' Mihaka, appealed to the High Court and then the Court of Appeal when the District Court refused to let him address the Court in te reo Māori.  Acting for himself, Mihaka relied on the Treaty of Waitangi. While the Court of Appeal agreed that ‘the use of the Māori language in New Zealand is a matter of public importance’, it ruled that the treaty had no legal bearing on the matter. The court based its decision on the English common law that applied in New Zealand from 1840.  

This was a reflection of the view infamously expressed by Prendergast J in 1877 that the treaty was "worthless" and a "simple nullity" because it was signed "between a civilised nation and a group of savages" who were not capable of signing a treaty.

 Te Ringa Mangu Mihaka has commenced a criminal prosecution on behalf of Te Wakaminenga o nga Tino Rangatira against government officials, following the fraudulent misuse of a document bearing the signatures and personal information of over sixty kuia kaumatua of Waitangi marae, after Police refused to prosecute the offender - claiming it "wasn't in the public interest".  Not only is the prosecution in the public interest, but it is in the public interest to conduct a review of the refusal of Police to prosecute, and the ongoing obstruction of Police, who refused to serve the summons following the decision of Judge Hastings ordering that it be accepted for filing, Police then also refused to apply for a production order according to the Search and Surveillance Act, which limits the ability to "an enforcement officer" as defined by that Act, in ongoing attempts to obstruct and pervert the course of justice.