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Showing posts with label whakaputanga. Show all posts
Showing posts with label whakaputanga. Show all posts

Sunday, July 2, 2017

Maori Agents - challenging flawed laws:

The Human Rights Review Tribunal recently cited two interesting precedents in the matter of Mihaka v Housing New Zealand Corporation.  The first one is cited in the Minute dated 13 October 2016 (copied below for ease of reference) - the Tribunal cites Mihaka v Police 1981 1 NZLR 54.






 What's interesting here is that the Tribunal didn't have any problem addressing Mrs Raue as Maori Agent in its Minute dated 9 June 2016, as evidenced below:

The Minute of the HRRT dated 9 June 2016 clearly states "REPRESENTATION:  Mr TRMN Mihaka in person assisted by Ms K Raue, Maori Agent" -


Mr Mihaka, as a descendant of the original inhabitants of this land, he uri o nga tangata whenua, has the sovereignty, te tino rangitiratanga, to appoint a person of his own choosing to speak for him.

Tangata whenua have always had the right to appoint a kaikorero of their own choosing, and it is ridiculous to assert that the quasi colonial 'government' acting on the questionable and ultra vires authority of a treaty claimed by the English to grant them all our mana and all our tino rangitiratanga by some sleight of hand smoke and mirrors.

Mr and Mrs Mihaka cite the Law Practitioners Act 1955, which refers to the role of Maori Agents but does not define the role.  In fact the 'Maori Agents' who claimed authority under this Act were infamous for cheating Maori out of their land - which is likely why attempts are being made to expunge all evidence from the historical record and pretend it didn't happen.

So let's have a closer look at Mihaka v Police 1981 - did the Crown attempt to trick Mr and Mrs Mihaka by the use of clever legal language?  Here are the relevant paragraphs, the problem's not that hard to spot - there's a question of law here:









Mrs Mihaka's trial was not in the High Court, it was in the District Court - she was charged with Wilful Damage.  Barristers don't normally bother with District Court work, they stick to High Court work, and they are required to be instructed by solicitors normally.






This decision cites sections 13 and 14 of the Law Practitioners Act 1955 - it completely ignores the infamous section 17 - which relates to solicitors and Maori Agents:


The role of McKenzie Friend is rather misunderstood - the original McKenzie Friend is Ian Hangar QC - an Australian barrister, and a qualified barrister at the time of his involvement in the McKenzie case.  Not a layman at all.  It seems there are currently moves underway to 'reform' the role of McKenzie Friends in NZ Courts.

Why this is important is because Dun was royally ripped off by the two pettifoggers assigned by Legal Aid to conduct his appeals - neither noticed he'd not been provided with Disclosure - let alone what that Disclosure contained.

And then just when you think you've got it sussed you find the Hardie Boys decision.

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Wednesday, July 29, 2015

He Kara - Te Hakituatahi o Aotearoa - Te Tohu Pono o Te Whakaputanga o te Tangata Whenua o Aotearoa:

Te Hakituatahi ō Aotearoa (The First Flag of New Zealand)


Te Hakituatahi ō Aotearoa (the First Flag of New Zealand) was first hoisted in 1834 and gazetted in the New South Wales Gazette on 19 August 1835 as the flag of The United Tribes of New Zealand or Te Wakaminenga ō ngā Hapu ō Nu Tireni. Up until that date, New Zealand built ships were not registered and hence received no international recognition and could legally be treated as pirates. 

When the Sir George Murray was seized and sold and her cargo impounded in 1830, something had to be done. On 28 October 1835 the United Tribes of Aotearoa declared their independence under this flag, granted and recognised by the Crown of England, which became known as "Flag of the Confederation of Chiefs of the United Tribes of New Zealand and the Crown of England".

The image above has been drawn based on The New Zealand Official Yearbook 1998. This flag can also be viewed in Te Papa Tongarewa, the museum of New Zealand, in the Signs of a Nation exhibit.
When first gazetted, the description neglected the black border on the smaller St George's cross and did not specify the number of points of the stars. Hence various variations on this flag have been flown as the flag of the United Tribes. 
The heraldic description (quoting from the Yearbook): "on a white field, a red St George's cross, in the upper canton, next to the staff on a blue field, a smaller St George's cross in red, severed from the blue by a fimbriation of black, half the width of the red and in the centre of each blue quarter a white eight point star."

He Kara has never been decommissioned, and remains the official flag of the United Tribes of Aotearoa, a potent symbol (tohu) of our independence and sovereignty, he whakaputanga.  John Key's recent $26,000,000 flag fiasco completely ignored this FACT and was an utter waste of $26,000,000 and an insult to tangata whenua.