Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

61
Have You Ever Done Something – One Thing That Totally Changed Your Life Forever? Interview with Hohepa Mapiria Joseph (“Joe”) Murphy Royal Regent, 7 July 2003. The Application of Maori Sovereignty in Aotearoa - New Zealand. On the fisheries issue, the Native title covers all land, natural and physical resources under Te Tiriti o Waitangi (Treaty of Waitangi) 1840 (TOW). Basically, the fisheries issue covers Customary Law and the Native Title, where it has not been extinguished. (DOI) is still alive to He Whakaputanga o Te Rangatira o Nga Uri o Nu Tireni (Declaration of Independence) 1835 day, where? It currently exists Under Part XIII of Te Ture Whenua Maori, Maori Land Act 1993. The DOI was included in statute under Part 4 of the Maori Affairs Amendment Act 1967 however the New South Wales settlers Parliament (NZ Settlers Parliament), utilising the then Maori Affairs department made amendments to it to suit themselves rather than Maori.

Transcript of Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

Page 1: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

Have You Ever Done

Something – One Thing

That Totally Changed

Your Life Forever?

Interview with Hohepa Mapiria Joseph (“Joe”) Murphy Royal Regent, 7 July

2003.

The Application of Maori Sovereignty in Aotearoa - New Zealand.

On the fisheries issue, the Native title covers all land, natural and physical resources

under Te

Tiriti o Waitangi (Treaty of Waitangi) 1840 (TOW).

Basically, the fisheries issue covers Customary Law and the Native Title, where it has

not been

extinguished.

(DOI) is still alive to

He Whakaputanga o Te Rangatira o Nga Uri o Nu Tireni (Declaration of

Independence) 1835

day, where? It currently exists Under Part XIII of Te Ture Whenua Maori,

Maori Land Act 1993.

The DOI was included in statute under Part 4 of the Maori Affairs Amendment Act

1967 however

the New South Wales settlers Parliament (NZ Settlers Parliament), utilising the then

Maori

Affairs department made amendments to it to suit themselves rather than Maori.

Page 2: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

Now, the DOI is protected by the TOW, all those rights that existed before the TOW

are

protected.

The first recorded document of the rights of Maori was the DOI. In the TOW they say

Maori have

ceded cession to the British Crown. Now, the DOI is protected by the TOW. There are

two (2)

documents of the Common Law between the DOI and the TOW.

The first document is the feudal title of the Crown. The feudal title meaning the

Crown is bound

by their status in a hierarchy of reciprocal obligations of service and defence to Maori

under the

TOW. In simple terms the Crown have under the TOW, guaranteed Maori protection

and justice

if our rights are threatened here in Aotearoa, NZ. This came about by the standing

orders of Lord

Glenelg to Major General Bourke to protect the Maori people by military might in

saying that,

His Majesty King William will not fail to avail to the chiefs such protection, that’s

military

protection.

The second document is the fiducial title of the Crown. The fiducial title meaning,

the Crown

owes to Maori under the TOW, the duties of good faith, trust and confidence and must

exercise

a very high standard of care in managing our Mãori lands, resources, estates and

funds. This

came about by the Letters Patent issued by Lord Normanby to Lieutenant Consul

William Hobson

Page 3: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

in 1839. That gives you a clearer understanding as to the purpose of the TOW 1840

and the

recognition given to the DOI 1835 by the Crown and his Majesty King William.

And so the TOW was put together to protect us against the evil consequences being

the settlers

who have escaped from their penitentiary (at the Prison colony in Australia) and were

coming

here, and who are still coming here to live on these lands, and so it was necessary

under the

preamble of the TOW that Her Majesty, Queen Elizabeth II protected the Maori

peoples rights

against those evil consequences of the immigrant settlers.

So the purpose of the TOW was to protect the Maori people against those evil

consequences by

setting up under Article I of the TOW. Her Majesty Queen Elizabeth II is the legal

owner and

Trustee of all the Maori people’s lands and natural and physical resources in

Aotearoa, NZ

forever. And so she became, as a matter of inheritance under the TOW, the legal

Trustee and the

legal owner of all land in NZ which is Maori Customary land deemed Crown Land.

Under Article 2 of the TOW the Maori people retained their Sovereignty by the

Queen granting

to them the unqualified rights of possession of their lands, forests and fisheries and

other

taonga, which made the Maori people the legal beneficial and equitable owners, of all

land in

Page 2

Page 4: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

Aotearoa, NZ. Therefore, it created a Trust where the Maori people, under the TOW

had

sovereignty over all people living within its domain.

On the 6 February 1840 prior to the signing of the TOW, nga Rangatira (the chiefs),

exercising

their powers under Article 2 of the DOI, gave to the Crown, these people, they ceded

sovereignty

over the British subjects to the Queen. Nothing else.

The Maori people gave to the Queen the pre-emptive right or first right to purchase

lands before

all others, or the first right to refuse, to the sale of any Maori land in Aotearoa, NZ

however,

Maori have not done that to date, and the Queen has not purchased one inch of soil in

New

Zealand .

Article 3 of the TOW gives the same right to the Maori people, to hold something

similar, in

equal measure to the Queen which of course is sovereignty.

Therefore, the purchase of any land in New Zealand has to be conducted with the

Queen

directly.

All other lands that are recorded in New Zealand, which Mãori have sold to any

individual

person, is an illegal sale. Any Maori who has sold to a European/immigrant or any

European/immigrant who has brought from a Maori, it is not a legal sale. In law the

beneficiary

cannot sign any document, it is up to the Trustee, and that Trustee is the Queen.

If a Maori signs his name to any land, forest, fisheries or other taonga, it is an

improper sale. It is

Page 5: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

to be done through the British Crown. So any person who has purchased land directly

from a

Maori hasn’t purchased anything at all, that person was to apply to the British Crown

to

purchase land that the British Crown had already purchased from Maori, which has

been

nothing.

The Queen as our Trustee knows what is happening socially, economically and

politically here in

NZ. She has eyes her ears in NZ here through members of her counsel who inform her

of the

social, economic and political matters affecting NZ and the way in which the Maori

people have

been treated and are currently being treated.

The Introduction of Constitutional Law in New Zealand.

After the TOW, there was the 1846 NZ Constitution Act. In that Act there was

Section 9 and

Section 10 which provided that Maori Customary laws were to be made by Maori self

Government, Governments in their own native districts, and if they wanted their laws

recognised

internationally, they could do this through the Queen who issued letters patent more

or less

acknowledging receipt of those laws, and she placed them into the law of England

right around

the Common Wealth of the United Kingdom (UK) and enforces them back into

Aotearoa, NZ.

Now a similar thing happened in 1852 under the 1852 NZ Constitution Act of the

United Kingdom

(UK), Section 71 stated the same thing that Maori customary laws were to be made by

Maori self

Page 6: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

Government. So the 1846 New Zealand Constitution Act was created to restrain the

Governor

from governing over Maori which preserved Article 2 of the TOW 1840, Maori

Govern over

themselves, Tino Rangatiratanga, which preserved the DOI 1835 before that.

Now the settlers were granted their right by warrant to govern themselves under the

1852 NZ

Constitution Act. Section 71 of that Act told the European Government lay off! Maori

Govern

themselves under their own laws in their own districts, and were entitled to

International

recognition by Letters Patent through the British Queen, who issued those Letters

Patent under

the Great Seal of the United Kingdom, enforcing them into the law of England and

into the law of

New Zealand, that was in 1852.

Page 3

The next Act, Native Districts Regulations Act 1858. Where lands were

unextinguished of the

Native Title, the Government, Maori Government, would appoint justices of the peace

or native

assessors, to create jurisdiction in summary proceedings and, in that same year (1858)

the

Native Circuit Courts Act came into play, which provided for one Magistrate, and one

Native

assessor.

So all Courts in NZ, were, since 1858, and are currently today, suppose to have one

Native

Page 7: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

assessor (Maori) and one Magistrate (European) sitting up on the bench before any

decision was

or is lawful or legal. Today and of yesterday there has only been one judge, a

European

magistrate. Why? Because this and other successive governments have been acting

insubordinate of the laws set down by the Queen through the Crown, the Privy

Council and the

Common Wealth of the UK. In other words, this action has been, and still is, an act of

treason by

the NZ Settlers Parliament and successive Settlers Parliaments and the penalty for

treason is

death!

So Maori should have equal representation in all courts in New Zealand under the

Queens law,

the Queen who has the rightful ownership, the legal ownership of New Zealand and

who is,

along with Maori, the legal sovereign’s of all British subjects living in Aotearoa, New

Zealand.

There are quite a few Maori out there who believe they have lost their land. In fact,

they have

not lost any land; they have been tricked and deceived into believing they have by this

New

Zealand Settler Parliament’s conspiracy which has been ongoing for the past 157

years.

I have placed the lands of our ancestors in Aotearoa, New Zealand, back in the hands

of their

descendants as kaitiaki/owners, which is of course the whole of the country, te Ika

(the

fish/North Is) me te Waka (the canoe/South Is) a Maui (of Maui).

Page 8: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

Many Maori people today are angry, upset and frustrated about the way in which their

lands

have been and are being forcefully taken and abused, the way in which their natural

resources

are being raped and depleted and the way in which their people are being treated

socially,

economically and politically. When all this stress mounts up they are compelled to

take matters

into their own hands with actions such as protests and occupations and when their

point is not

being heard, recognised or acknowledged by the assumed authorities they turn violent

and

vengeful and take their frustrations out on either their own whanau or the general

public.

Of course, one would understand their anger and frustration but violence and

vengeance is not

the way to go. It is simply a matter of pitching the law against the law. The courts in

NZ here are

the proper place to challenge the law but you must know the law first before you can

challenge

the law.

To be radical attracts radicalness. Those are the words of the most radical of Justices

of the Privy

Council, Lord Denning.

Whilst minding my own business, acting for myself in court, I didn’t go saying I’m

the legal

sovereign, and I didn’t jump up and down, I wrote it on a piece of paper and handed

that paper

to the presiding judge, that is my gun.

Page 9: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

Put all those acts together, NZ Constitution Act 1846 Section’s 9 and 10 and the

Royal Charter

which stated, I quote, “on the British Crowns Royal Charter, in cases arising

between the

aboriginal inhabitants of NZ alone, the courts and magistrates shall uphold, (the

words “shall

uphold”) Maori customary laws and usage’s as aforesaid” unquote.

That is what is stated in the Royal Charter (Magna Carta) of the Parliament of

Westminster

concerning NZ, who enacted Section’s 9 and 10 of the NZ Constitution Act 1846,

which is a

Page 4

common law doctrine and statute, Internationally recognised. That statute and that

common law

doctrine used together, forms the common law under statute of Maori Customary law.

Then in 1901 in the judgement of the Privy Council where Lord Phillimore was

presiding, he

stated in his decision in the case “Hineiti Rirerire Arani versus The Public Trustee of

NZ”, he

stated that, I quote “Maori customary law enjoyed legal status in European Colonial

courts in

NZ, in the absence of any statute indicating otherwise, that statute being enacted by

the

Native inhabitants themselves.” Unquote.

Now what that decision did, was it entrenched that Maori customary law is to be

legally

recognised in every court in NZ, and the same to the decision of Lord Davey in 1900 -

1901

Page 10: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

where he made a decision in “Nihara Tamaki versus Baker”, where the Crown

refused, in fact

they were devoid actually, they refused to accept, that the issue of a Crown grant

amounted to

this extinguishment of the Native title. He stated numerous statutes in the common

law which

are referring to the Native title or such like, of tenure of land under custom and usage

which was

neither known to lawyers nor discoverable by them by evidence.

When he made that statement, he said that the lawyers in NZ were just too plum lazy

to look in

the statutes, he defined that the Native title had not been extinguished. Once it reached

that

point, the Privy Council heard it, and under investigation, they found that the Crown

has not

purchased one inch of soil in NZ. That is what they found and therefore, the Crown

lacked

unreviewable prerogative power in relation to the Native title. That shook the NZ

Settlers

Parliament, then they changed their voting system and they went on the populist

sovereignty

model because they owned no land. No land, no kingdom, no sovereignty.

We have served an affidavit on the NZ Settlers Parliament stating the facts about

Maori

sovereignty and self Governance under the DOI, TOW and the Te Ture Whenua

Maori, Maori

Land Act 1993, and we have found that when we are looking at the Government of

today, after

all those documents have been served on them and the Governor General, we find that

they are

Page 11: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

chasing their tails and jumping up and down, you’ll see them jumping around in

parliament, and

it makes you laugh, because you know what you’ve done. The problem is, they (New

Zealand

Settlers Parliament) can not find it in themselves to completely admit that they have

made a big

mistake, an error in judgement.

I was putting it too them in this way, giving them the opportunity to change, and they

are trying

to bring about change, but as quietly and as softly as they can. That is what they are

doing right

now. But the moment you start or they start getting violent, is the time for Maori to

exert their

right and recall for the standing orders of Lord Glenelg to Major General Bourke and

the Letters

Patent from Lord Normanby, the Secretary of Colonies and war, to Lieutenant Consul

William

Hobson (latter Governor of NZ), their judgements, their directions, to be enforced.

Once those standing orders are called for, then the Maori people don’t exercise the

fear or need

to get angry or argue, we just leave it to the British Crown to solve under their feudal

and

fiducial titles for protection of the Maori people. We let them do the pointing of the

gun, which

is what the TOW is all about. Now today, we leave things as they are, in the hope that

these

people, in Wellington, will exercise fairness. If we don’t get any satisfaction from the

NZ Settlers

Parliament, then its time to call for those standing orders.

A time limit has been set for the NZ Settlers Parliament to comply.

Page 12: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

Maori must have control of their lands and resources by the year 2005. This was the

three

regent’s determination of how long it is going to take.

Page 5

From 1986 to the year 2005 Maori should be in control as it states in Section 2 of Te

Ture

Whenua Maori, Maori Land Act 1993 which is, and shall, bind the Crown under the

Te Ture

Whenua Maori, Maori Land Act 1993.

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.

Te Ture Whenua Maori, Maori Land Act 1993, (TTWMML Act).

Page 13: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

Sovereign Law.

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. They can change their fulfil rights, powers and

privileges in full

capacity to exercise. Now listen to this.

The Act reads; “Te Ture Whenua Maori, Maori Land Act 1993, Section 2.

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

Page 14: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

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 un-review-able 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.

Page 6

(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

Page 15: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

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. Alright, now I go to Section 17 of Te

Ture Whenua

Maori Amendment Act 1994, sub Section (3) states that” A Maori incorporation made

by special

resolution of the owners may alter, add to or replace its constitution in accordance

with any

provision of this Act or any regulations made under this Act.

Such provisions are, under Section 144, if it says Maori Customary Land deemed

Crown Land, it

could be added to, altered or replaced, the word “deemed”.

You take the English words out and you say it as you really want it, but as the Maori

people

really wanted it. Moreover, they say it is Maori Customary Land for the time being,

Crown Land.

Maori Financial Position Today.

The Trustee of the biggest Bank in the whole entire World, are the King and Queen of

Spain and

Prince Andrew.

They are the Trustees to the biggest Bank in the World. That is where all these Banks,

multi

Page 16: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

national corporations and other financial institutions loan money from. They get their

money

from this Bank held by those three Trustees.

They go to the Beehive in Wellington, borrow their funds, and lend to other nations

from that

one Bank.

I KNOW THIS!!!

Have you seen one of those unclaimed dividends? Let us go down to basics. If you

walked into

the Maori Land Court or the office of the Maori Trustee and picked up the ledger

containing

unclaimed dividends of the Maori Trustee.

Now ever since 1846 right up until today there has been lease money. A lease to the

Government, who leased lands to the European settlers and the Company’s all over

the motu. .

(except Maori native drib drabs – some ones hand writing).

In 1852 the same, the Parliament was subject to the same thing. They paid taxes and

rent to the

British Crown. That fund is collected by the British Crown held in the Bank of New

Zealand

annually, the interest added on top of that, just think here, just the interest to the

Reserved

Bank of New Zealand, but really the British Crown has been transferring that fund to

a Bank

called Akaroa, this is the truth of the matter.

The Bank of NZ based in England has been depositing into the Bank of Akaroa,

which is now

being over “umbrellaed” under the Reserve Bank of NZ. The interest has been

deposited into

Page 17: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

that Akaroa Bank; the principal sum has been paid into the Trust account held by the

King and

Queen of Spain and This is the html version of the file

http://www.homerescue.org.nz/pdf/Interview%20with%20Hohepa.pdf. Google automatically generates html versions of documents as we crawl the web.

Page 1

Interview with Hohepa Mapiria Joseph (“Joe”) Murphy Royal Regent, 7 July

2003.

The Application of Maori Sovereignty in Aotearoa - New Zealand. On the fisheries issue, the Native title covers all land, natural and physical resources

under Te

Tiriti o Waitangi (Treaty of Waitangi) 1840 (TOW).

Basically, the fisheries issue covers Customary Law and the Native Title, where it has

not been

extinguished.

He Whakaputanga o Te Rangatira o Nga Uri o Nu Tireni (Declaration of

Independence) 1835

(DOI) is still alive today, where? It currently exists Under Part XIII of Te Ture

Whenua Maori,

Maori Land Act 1993. The DOI was included in statute under Part 4 of the Maori Affairs Amendment Act

1967 however

the New South Wales settlers Parliament (NZ Settlers Parliament), utilising the then

Maori

Affairs department made amendments to it to suit themselves rather than Maori.

Now, the DOI is protected by the TOW, all those rights that existed before the TOW

are

protected.

The first recorded document of the rights of Maori was the DOI. In the TOW they say

Maori have

ceded cession to the British Crown. Now, the DOI is protected by the TOW. There are

two (2)

documents of the Common Law between the DOI and the TOW.

The first document is the feudal title of the Crown. The feudal title meaning the

Crown is bound

by their status in a hierarchy of reciprocal obligations of service and defence to Maori

under the

TOW. In simple terms the Crown have under the TOW, guaranteed Maori protection

and justice

if our rights are threatened here in Aotearoa, NZ. This came about by the standing

orders of Lord

Glenelg to Major General Bourke to protect the Maori people by military might in

saying that,

His Majesty King William will not fail to avail to the chiefs such protection, that’s

military

protection.

The second document is the fiducial title of the Crown. The fiducial title meaning,

the Crown

Page 18: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

owes to Maori under the TOW, the duties of good faith, trust and confidence and must

exercise

a very high standard of care in managing our Mãori lands, resources, estates and

funds. This

came about by the Letters Patent issued by Lord Normanby to Lieutenant Consul

William Hobson

in 1839. That gives you a clearer understanding as to the purpose of the TOW 1840

and the

recognition given to the DOI 1835 by the Crown and his Majesty King William.

And so the TOW was put together to protect us against the evil consequences being

the settlers

who have escaped from their penitentiary (at the Prison colony in Australia) and were

coming

here, and who are still coming here to live on these lands, and so it was necessary

under the

preamble of the TOW that Her Majesty, Queen Elizabeth II protected the Maori

peoples rights

against those evil consequences of the immigrant settlers.

So the purpose of the TOW was to protect the Maori people against those evil

consequences by

setting up under Article I of the TOW. Her Majesty Queen Elizabeth II is the legal

owner and

Trustee of all the Maori people’s lands and natural and physical resources in

Aotearoa, NZ

forever. And so she became, as a matter of inheritance under the TOW, the legal

Trustee and the

legal owner of all land in NZ which is Maori Customary land deemed Crown Land.

Under Article 2 of the TOW the Maori people retained their Sovereignty by the

Queen granting

to them the unqualified rights of possession of their lands, forests and fisheries and

other

taonga, which made the Maori people the legal beneficial and equitable owners, of all

land in

Page 2

Aotearoa, NZ. Therefore, it created a Trust where the Maori people, under the TOW

had

sovereignty over all people living within its domain.

On the 6 February 1840 prior to the signing of the TOW, nga Rangatira (the chiefs),

exercising

their powers under Article 2 of the DOI, gave to the Crown, these people, they ceded

sovereignty

over the British subjects to the Queen. Nothing else.

The Maori people gave to the Queen the pre-emptive right or first right to purchase

lands before

all others, or the first right to refuse, to the sale of any Maori land in Aotearoa, NZ

however,

Maori have not done that to date, and the Queen has not purchased one inch of soil in

New

Zealand .

Page 19: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

Article 3 of the TOW gives the same right to the Maori people, to hold something

similar, in

equal measure to the Queen which of course is sovereignty.

Therefore, the purchase of any land in New Zealand has to be conducted with the

Queen

directly.

All other lands that are recorded in New Zealand, which Mãori have sold to any

individual

person, is an illegal sale. Any Maori who has sold to a European/immigrant or any

European/immigrant who has brought from a Maori, it is not a legal sale. In law the

beneficiary

cannot sign any document, it is up to the Trustee, and that Trustee is the Queen.

If a Maori signs his name to any land, forest, fisheries or other taonga, it is an

improper sale. It is

to be done through the British Crown. So any person who has purchased land directly

from a

Maori hasn’t purchased anything at all, that person was to apply to the British Crown

to

purchase land that the British Crown had already purchased from Maori, which has

been

nothing.

The Queen as our Trustee knows what is happening socially, economically and

politically here in

NZ. She has eyes her ears in NZ here through members of her counsel who inform her

of the

social, economic and political matters affecting NZ and the way in which the Maori

people have

been treated and are currently being treated.

The Introduction of Constitutional Law in New Zealand. After the TOW, there was the 1846 NZ Constitution Act. In that Act there was

Section 9 and

Section 10 which provided that Maori Customary laws were to be made by Maori self

Government, Governments in their own native districts, and if they wanted their laws

recognised

internationally, they could do this through the Queen who issued letters patent more

or less

acknowledging receipt of those laws, and she placed them into the law of England

right around

the Common Wealth of the United Kingdom (UK) and enforces them back into

Aotearoa, NZ.

Now a similar thing happened in 1852 under the 1852 NZ Constitution Act of the

United Kingdom

(UK), Section 71 stated the same thing that Maori customary laws were to be made by

Maori self

Government. So the 1846 New Zealand Constitution Act was created to restrain the

Governor

from governing over Maori which preserved Article 2 of the TOW 1840, Maori

Govern over

themselves, Tino Rangatiratanga, which preserved the DOI 1835 before that.

Page 20: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

Now the settlers were granted their right by warrant to govern themselves under the

1852 NZ

Constitution Act. Section 71 of that Act told the European Government lay off! Maori

Govern

themselves under their own laws in their own districts, and were entitled to

International

recognition by Letters Patent through the British Queen, who issued those Letters

Patent under

the Great Seal of the United Kingdom, enforcing them into the law of England and

into the law of

New Zealand, that was in 1852.

Page 3

The next Act, Native Districts Regulations Act 1858. Where lands were

unextinguished of the

Native Title, the Government, Maori Government, would appoint justices of the peace

or native

assessors, to create jurisdiction in summary proceedings and, in that same year (1858)

the

Native Circuit Courts Act came into play, which provided for one Magistrate, and one

Native

assessor.

So all Courts in NZ, were, since 1858, and are currently today, suppose to have one

Native

assessor (Maori) and one Magistrate (European) sitting up on the bench before any

decision was

or is lawful or legal. Today and of yesterday there has only been one judge, a

European

magistrate. Why? Because this and other successive governments have been acting

insubordinate of the laws set down by the Queen through the Crown, the Privy

Council and the

Common Wealth of the UK. In other words, this action has been, and still is, an act of

treason by

the NZ Settlers Parliament and successive Settlers Parliaments and the penalty for

treason is

death! So Maori should have equal representation in all courts in New Zealand under the

Queens law,

the Queen who has the rightful ownership, the legal ownership of New Zealand and

who is,

along with Maori, the legal sovereign’s of all British subjects living in Aotearoa, New

Zealand.

There are quite a few Maori out there who believe they have lost their land. In fact,

they have

not lost any land; they have been tricked and deceived into believing they have by this

New

Zealand Settler Parliament’s conspiracy which has been ongoing for the past 157

years.

I have placed the lands of our ancestors in Aotearoa, New Zealand, back in the hands

of their

Page 21: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

descendants as kaitiaki/owners, which is of course the whole of the country, te Ika

(the

fish/North Is) me te Waka (the canoe/South Is) a Maui (of Maui).

Many Maori people today are angry, upset and frustrated about the way in which their

lands

have been and are being forcefully taken and abused, the way in which their natural

resources

are being raped and depleted and the way in which their people are being treated

socially,

economically and politically. When all this stress mounts up they are compelled to

take matters

into their own hands with actions such as protests and occupations and when their

point is not

being heard, recognised or acknowledged by the assumed authorities they turn violent

and

vengeful and take their frustrations out on either their own whanau or the general

public.

Of course, one would understand their anger and frustration but violence and

vengeance is not

the way to go. It is simply a matter of pitching the law against the law. The courts in

NZ here are

the proper place to challenge the law but you must know the law first before you can

challenge

the law.

To be radical attracts radicalness. Those are the words of the most radical of Justices

of the Privy

Council, Lord Denning.

Whilst minding my own business, acting for myself in court, I didn’t go saying I’m

the legal

sovereign, and I didn’t jump up and down, I wrote it on a piece of paper and handed

that paper

to the presiding judge, that is my gun.

Put all those acts together, NZ Constitution Act 1846 Section’s 9 and 10 and the

Royal Charter which stated, I quote, “on the British Crowns Royal Charter, in cases arising

between the

aboriginal inhabitants of NZ alone, the courts and magistrates shall uphold, (the

words “shall uphold”) Maori customary laws and usage’s as aforesaid” unquote.

That is what is stated in the Royal Charter (Magna Carta) of the Parliament of

Westminster

concerning NZ, who enacted Section’s 9 and 10 of the NZ Constitution Act 1846,

which is a

Page 4

common law doctrine and statute, Internationally recognised. That statute and that

common law

doctrine used together, forms the common law under statute of Maori Customary law.

Then in 1901 in the judgement of the Privy Council where Lord Phillimore was

presiding, he

Page 22: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

stated in his decision in the case “Hineiti Rirerire Arani versus The Public Trustee of

NZ”, he

stated that, I quote “Maori customary law enjoyed legal status in European Colonial

courts in

NZ, in the absence of any statute indicating otherwise, that statute being enacted by

the Native inhabitants themselves.” Unquote.

Now what that decision did, was it entrenched that Maori customary law is to be

legally

recognised in every court in NZ, and the same to the decision of Lord Davey in 1900 -

1901

where he made a decision in “Nihara Tamaki versus Baker”, where the Crown

refused, in fact

they were devoid actually, they refused to accept, that the issue of a Crown grant

amounted to

this extinguishment of the Native title. He stated numerous statutes in the common

law which

are referring to the Native title or such like, of tenure of land under custom and usage

which was

neither known to lawyers nor discoverable by them by evidence.

When he made that statement, he said that the lawyers in NZ were just too plum lazy

to look in

the statutes, he defined that the Native title had not been extinguished. Once it reached

that

point, the Privy Council heard it, and under investigation, they found that the Crown

has not

purchased one inch of soil in NZ. That is what they found and therefore, the Crown

lacked

unreviewable prerogative power in relation to the Native title. That shook the NZ

Settlers

Parliament, then they changed their voting system and they went on the populist

sovereignty

model because they owned no land. No land, no kingdom, no sovereignty.

We have served an affidavit on the NZ Settlers Parliament stating the facts about

Maori

sovereignty and self Governance under the DOI, TOW and the Te Ture Whenua

Maori, Maori Land Act 1993, and we have found that when we are looking at the Government of

today, after

all those documents have been served on them and the Governor General, we find that

they are

chasing their tails and jumping up and down, you’ll see them jumping around in

parliament, and

it makes you laugh, because you know what you’ve done. The problem is, they (New

Zealand

Settlers Parliament) can not find it in themselves to completely admit that they have

made a big

mistake, an error in judgement.

I was putting it too them in this way, giving them the opportunity to change, and they

are trying

Page 23: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

to bring about change, but as quietly and as softly as they can. That is what they are

doing right

now. But the moment you start or they start getting violent, is the time for Maori to

exert their

right and recall for the standing orders of Lord Glenelg to Major General Bourke and

the Letters

Patent from Lord Normanby, the Secretary of Colonies and war, to Lieutenant Consul

William

Hobson (latter Governor of NZ), their judgements, their directions, to be enforced.

Once those standing orders are called for, then the Maori people don’t exercise the

fear or need

to get angry or argue, we just leave it to the British Crown to solve under their feudal

and

fiducial titles for protection of the Maori people. We let them do the pointing of the

gun, which

is what the TOW is all about. Now today, we leave things as they are, in the hope that

these

people, in Wellington, will exercise fairness. If we don’t get any satisfaction from the

NZ Settlers

Parliament, then its time to call for those standing orders.

A time limit has been set for the NZ Settlers Parliament to comply.

Maori must have control of their lands and resources by the year 2005. This was the

three

regent’s determination of how long it is going to take.

Page 5

From 1986 to the year 2005 Maori should be in control as it states in Section 2 of Te

Ture

Whenua Maori, Maori Land Act 1993 which is, and shall, bind the Crown under the

Te Ture

Whenua Maori, Maori Land Act 1993.

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.

Te Ture Whenua Maori, Maori Land Act 1993, (TTWMML Act).

Sovereign Law.

Page 24: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

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. They can change their fulfil rights, powers and

privileges in full

capacity to exercise. Now listen to this.

The Act reads; “Te Ture Whenua Maori, Maori Land Act 1993, Section 2.

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 un-review-able 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.

Page 25: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

Page 6

(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. Alright, now I go to Section 17 of Te

Ture Whenua

Maori Amendment Act 1994, sub Section (3) states that” A Maori incorporation made

by special

resolution of the owners may alter, add to or replace its constitution in accordance

with any

provision of this Act or any regulations made under this Act.

Such provisions are, under Section 144, if it says Maori Customary Land deemed

Crown Land, it

could be added to, altered or replaced, the word “deemed”.

You take the English words out and you say it as you really want it, but as the Maori

people

really wanted it. Moreover, they say it is Maori Customary Land for the time being,

Crown Land.

Maori Financial Position Today. The Trustee of the biggest Bank in the whole entire World, are the King and Queen of

Spain and

Prince Andrew.

They are the Trustees to the biggest Bank in the World. That is where all these Banks,

multi

national corporations and other financial institutions loan money from. They get their

money

from this Bank held by those three Trustees.

They go to the Beehive in Wellington, borrow their funds, and lend to other nations

from that

one Bank.

I KNOW THIS!!! Have you seen one of those unclaimed dividends? Let us go down to basics. If you

walked into

the Maori Land Court or the office of the Maori Trustee and picked up the ledger

containing

unclaimed dividends of the Maori Trustee.

Now ever since 1846 right up until today there has been lease money. A lease to the

Page 26: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

Government, who leased lands to the European settlers and the Company’s all over

the motu. .

(except Maori native drib drabs – some ones hand writing).

In 1852 the same, the Parliament was subject to the same thing. They paid taxes and

rent to the

British Crown. That fund is collected by the British Crown held in the Bank of New

Zealand

annually, the interest added on top of that, just think here, just the interest to the

Reserved

Bank of New Zealand, but really the British Crown has been transferring that fund to

a Bank

called Akaroa, this is the truth of the matter.

The Bank of NZ based in England has been depositing into the Bank of Akaroa,

which is now

being over “umbrellaed” under the Reserve Bank of NZ. The interest has been

deposited into

that Akaroa Bank; the principal sum has been paid into the Trust account held by the

King and

Queen of Spain and Prince Andrew right now.

Every year the funds go in that fashion. The funds that have been expended in NZ by

the NZ

Settlers Parliament for their administration and all of that is merely the interest.

Therefore, it is

Page 7

Maori money that is keeping this country going. Now, the principal sum is being held

by the

United Nations the principal sum of that amount.

The Trustees appointed for that fund are the King and Queen of Spain and Prince

Andrew at the

moment. The International Monetary Fund (IMF) borrows funds from there, and all

the other

World Banks, Banks through out the World borrow their funds from that one fund,

from that

principal sum. The Account held by the King and Queen of Spain and Prince Andrew,

is the

biggest fund in the whole entire World. Lease Money and other Funds from the 74

nations of the

Commonwealth are held in Trust in this bank. Now that fund, the principal sum is

owned by the

Maori people right here in Aotearoa, NZ, entirely.

The key issue is that the British Crown is a Sovereign. Has a Sovereign interest

through out the

Pacific Ocean. Now listen to this Act concerning half castes and other persons living

in the Pacific

region, Section II Native Districts Regulations Act 1858, quote, “Half- castes and

other persons of

mixed race living as members of any Native tribe, and all aboriginal natives of any of

the islands

Page 27: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

of the Pacific Ocean, shall for the purposes of this Act be deemed to be persons of the

Native

race” unquote.

What that is more or less saying is that a European, French, Spaniard, Chinese, or

other settler,

whilst living in Aotearoa, NZ, are classed as a person of the native race.

All indigenous people of the-Pacific Ocean region come under Maori Sovereignty.

And as far as

the Treaty of Waitangi is concerned, it is a 50/50 partnership between the Crown &

Maori

concerning Sovereignty over the Pacific Ocean region, so Maori people and all the

indigenous

people of the Pacific Ocean region are the Sovereigns in their own right.

Now, until the Maori people wake up and start taking their place in the great society

of nations,

then and only then would the wars against the Americans and people like Saddam

Hussein cease.

The Maori people are the only ones who can fix the problems that the nations of the

Pacific

Ocean region are currently having, as expressed in the recent Pacific Nations

conference 2003.

The Banks, multi national corporations and other financial institutions will still be in

control of

the financial world; however that is no concern of ours. What does concern us as

sovereigns, is

the estimated time where Maori should be in control of Aotearoa, NZ, this should be

by the year

2005. From then on Maori will free the rest of the indigenous people of the Pacific

Ocean region

thereafter. I think all other issues are just issues of confusion.

Douglas Meyers was the president of the business round table in NZ, living in

Matauri Bay. We

have a daughter of Matauri Bay right here in our midst. Douglas Meyers has now

resigned from

the business round table; and most if not all of these corporates have moved offshore,

moved

their businesses offshore, but are holding offshore until this matter with the TOW is

settled.

They had previously made investments in NZ and found them to be of no worth to

them

investing in NZ until that TOW is properly settled!!!!!!!!

Challenging Jurisdiction of High Court or District Court Judges. This is what you say to the judge, (to the presiding Judge)...

Sir, being a Native Indigenous Aborigine and therefore a sovereign of Aotearoa, NZ, I

reckon I’m

suppose to have a Native assessor up there by you to make sure that me and my

people get a

fair deal. If you’re going to sit there by yourself, then that’s not fair, that’s a total

injustice.

Page 28: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

Page 8

As your sovereign, her Majesty Queen Elizabeth II, under whom you swore your

judicial oath,

which is as follows;.

Quote “I swear to uphold the laws of Her Majesty Queen Elizabeth II her heirs and

successors

according to law, without fear nor favour or ill will towards all men, so help me God”

unquote.

This book here, the Te Ture Whenua Maori, Maori Land Act 1993 states, that this Act

shall bind

the Crown and so, if you deny me the use of this book and the laws within it and say

to me, no I

do not accept that, then you are saying to your sovereign that you are over stepping

her, then

you are in breach of your judicial oath and you are not exercising the law that binds

the Crown,

you are misbehaving by not upholding the laws of Her Majesty’ Queen Elizabeth II

her heirs and

successors according to law, and therefore, you are acting with misconduct as a judge.

By the power vested in me under Section 12 of Te Ture Whenua Maori, Maori Land

Act 1993, I

will personally see to it that ‘your position as judge, be removed from you, so help

you God.

The penalty under the Crimes Act of your own Government for treason is death, and

by/for any

member of the judiciary it is imprisonment for life so help you God, and when you get

there to

prison you will meet the people who you put in there, yourself, other sovereigns like

myself.

Under the Native Circuit Courts Act 1858, number5, under section 32 of that Act.

Such provisions

come under Section 32 of the Te Ture Whenua Maori, Maori Land Act 1993.

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)

Page 29: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

Notwithstanding anything in any other provisions of this Act, or any cases stated

under Section

61(1) (b) 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—.

(a) Three judges of the Maori Land Court; and.

(b) One or two other members (not being judges of the Maori Land Court) to be

appointed by

the chief judge.

(2) Each person appointed tinder subsection (1) (b) Of this section shall possess

knowledge and

experience of Tikanga Maori.

(3) The Chief Judge shall, before appointing any person under subsection (I) (b) 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

Page 9

Independence) 1835 and Te Tiriti o Waitangi (Treat)’ 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.

There are problems on our Marae today with entities such as Trust Boards created and

constituted under the Maori Trust Boards Act 1955, Incorporated Societies and the

sort whom

are constituted under the New Zealand Settlers Parliament. They are however,

artificial people

or creatures and therefore, they do not settle between Maori and European, they are

only

settling a deal with themselves, not with Maori.

Maori are a natural flesh and blood body, the NZ Parliament and all departments and

people

Page 30: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

within those departments operating under them are artificial bodies, corporately

coloured

entities or non living breathing flesh and blood creatures/animals.

Maori Incorporations under Part XIII of Te Ture Whenua Maori. Maori Land Act

1993 (TTWM,ML

Act 1993).

When you come up against a Maori Incorporation under Statute of Law, it has the

same powers

as Parliament. When you’re dealing with Parliament your dealing with an animal,

when you’re

dealing with a Maori Incorporation your dealing with a natural person and a natural

body.

Section 35 of TTWM, ML Act 1993 will indicate for you what a Maori Land Court is;

it has the

same powers as the High Court, for example;

Section 35. Fees and allowances —There shall be paid to any additional member of

the Maori

Land Court or Maori Appellate Court appointed under Section 28(1) or Section 31(1)

or Section

33(1) of this Act or by an order in council made under section 27(1) of this Act, out of

Public

money, remuneration by way of fees, salary, or allowances and travelling allowances

and

expenses in accordance with the Fees and Travelling Allowances Act 1951, and the

provisions of

that Act shall apply accordingly as if the Maori Land Court or the Maori Appellate

Court, as the

case may require, were a statutory board within the meaning of that Act. As if, in

which they are

not a statutory board.

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

the High Court the Maori Land Court and any other court for that matter, it is not a

statutory

body, but a Maori incorporation is a statutory body independent, stands alone by

Section 150,

Page 31: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

under the provisions of Section 150, the Maori Land Court has no jurisdiction over a

Maori

incorporation.

Page 10

Section 150 TTWM Act 1993 — Manner of alienation of undivided interests — (1)

No undivided

interest in any Maori freehold land may be alienated otherwise than by vesting order

made by

the court under Part VIII of this Act, unless the court is of the opinion that the

arrangement or

agreement of the parties should be given affect to by memorandum of transfer, and so

orders.

(2) Nothing in subsection (1) of this section applies in relation to the alienation of -

(a) Shares in a Maori incorporation:

(b) Interests in shares in a Maori incorporation:

(c) Beneficial interests in land that, by virtue of Section 250 (2) of this Act, remain

vested in the

several owners of that land despite the vesting of the legal estate in fee simple in that

land in a

Maori incorporation.

(3) No other interests in any Maori freehold land may be alienated otherwise than by;.

(a) An instrument of alienation, executed and attested in accordance with the rules of

the court,

and con firmed by the court under Part VIII of this Act; or;.

(b) a vesting order made by the Court under that Part:.

(4) Nothing in subsection (3) of this section applies in relation to the alienation of any

interest in

Maori freehold land that —.

(a) is effected — (i) by a Maori incorporation; or -

(ii) by the trustees of any trust constituted under Part X of this Act; and.

(b) Is not an alienation by way of sale or gift?

This means that a Maori incorporation is totally independent from any other court. No

other

court has jurisdiction over a Maori incorporation, and so when you walk into the

District court or

the magistrate’s court you say, my jurisdiction, I challenge your jurisdiction over me

because I

am a beneficiary of a Maori incorporation, I am tangata whenua.

You can go through a process if you like, or you can go through by your own will. As

the

whakatauaki says, “A lone tree in the forest is easy to bend and to break”.

If you go in an incorporated way under a Maori incorporation nothing can break you,

because it

is like a big animal, there are many tentacles to a Maori incorporation. It can suck the

life out of

you if you oppose it or it can suck the life out of your adversary, this is a Maori

incorporation,

this is a sovereign. What is sovereignty; I will give you an understanding of what

sovereignty is.

Page 32: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

Sovereignty in the legal term when you’re using it against the settlers in a court of law

you must

be describing what sovereignty is, and according to Vattel, an old English writer on

international

law, sovereignty is vested in the ruler of the land. It is a society of people who have

united

together to procure their safety and welfare. They govern themselves under their own

laws, this

is sovereignty.

I will describe to-you what the common law is.

The common law is a judgement made by the Privy Council. The common law of the

UK is made

by the Privilege Council of the monarch; in this case Her Majesty Queen-Elizabeth-

the-Second.

When a decision is made from there it becomes a common law. The common law of

the UK in

relation to NZ preserves the Maori customary law in a judgement of Lord Phillimore

in 1901.

Case, Hineiti Rirerire Arani versus the Public Trustee, on the customary law, based

on the

statute, the 1846 New Zealand Constitution Act and 1852 NZ Constitution Act; those

are the

Page 11

statutes of the common law being upheld by the Privy Council in their judgement that

forms the

common law.

As to the extinguishment of our customary rights in our lands, forests, fisheries and

other taonga

which includes human resources.

Lord Davey in a case, Nireaha Tamaki vs Baker, and in the United States, Johnstone

vs Macintosh. Lord Davey stated that the issue of a Crown grant does not amount to

extinguishment of the Native Title and now that the case has been up before the Privy

Council,

the highest court in the land, the Crown lacked unreviewable prerogative power in

relation to

the Native Title.

The Native Title being, all the rights, powers and privileges existing prior to the

Treaty of

Waitangi. Government after that decision, a year following created a statute, trying to

over rule

the common law of the UK and they did it again here (New Zealand) in a case called

Willis vs the Attorney General, in the case where it affected the Bishop of Wellington to a title of

land and an

agreement between the tribes in Wellington, that the bishop of Wellington might be

able to

build a school.

Page 33: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

The government issued a Crown grant to the Bishop of Wellington and was held in

the High

Court of Appeal that the Crown grant gave the Bishop of Wellington full title to the

land. The

appeal went to the Privy Council via Willis vs The Attorney General.

Presiding on the Privy Council was Lord Mac-Naughten who stated, “We will have

none of that.”

The court was not an instrument of executive dictate, it was up to the court to

determine what a

breach of trust was and Lord Mac-Naughten squashed the Crown grant issued to the

Bishop of

Wellington because it was insufficient.

Reason being, because the Crown had not purchased one inch of soil in New Zealand

and I state

an italic by way of first right of pre-emption and the first right of refusal. Now when

that

decision went to the Privy Council Lord Mac-Naughten stated that, “it was rather late

in the day for the Colonial bench to deny the Native title legal status” and so in 1947 the

Government

adopting the Statutes of Westminster Act which gave them full power to make laws

for

themselves it was subject to Section 8 which stated this, quote “Nothing in this Act

shall give any

power to repeal the Constitution Act of the Colony of Australia or the Constitution

Act of the Dominion of NZ” unquote.

Again, years go by and in 1986 the NZ Settlers Parliament breached the Statutes of

Westminster

Adoption Act 1947 and repealed the NZ Constitution Act 1852 and on repealing the

Constitution

Act of New Zealand they gave it full power and chopped off their own neck because

by the

Constitution Act 1852 it was by that Statute that they obtained from the British Crown

a warrant

to Govern themselves and they gave themselves full power to chop off their own

heads by

repealing the NZ Constitution Act 1852.

New Zealand now stands in limbo. The NZ Settlers Parliament has no legal nor

lawful

Constitution. 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.

Page 34: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

In the mean time in the year 1987, those three Regents put into force the Imperial

Laws

Application Act 1988. Section 5 of that Act states that the common law of the United

Kingdom

Page 12

shall form part of the law of NZ, reference behind that was the Privy Council decision

in 1947

concerning the Statutes of Westminster Adoption Act.

Following that came into place in 1991 the Resource Management Act; resource

management

was for the managers to act as interim managers of the resources. That meant that the

Local

Governments and the Minister of Conservation, had to manage the resources and the

conservation of those resources until the Maori Land Act could be put into place and

enacted

into NZ. That Act took place in 1993 being the Te Ture Whenua Maori, Maori Land

Act 1993.

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 1995 the land was conquered by International Law, it was taken under the law of

conquest of

International Law. This occurred when the flags on the 6 of February 1995, the flags

of the NSW

and NZ Company hit the ground, the Governor Generals flag as the representative of

the Crown

came down and hit the ground.

The NZ “rag” (or flag) was trampled into the ground. The declaration of war was

placed to the

Governor-General against the New Zealand Parliament by Maori, and when all the

flags hit the

ground at the Treaty grounds in Waitangi in 1995 the Maori flag went up and hit the

top of the

mast, the Maori people had conquered back Aotearoa, NZ.

In 1996 the Fisheries Act was put into place, was enacted and now it is up to Maori

under the

provisions of Section 17, amending Section 268 Te Ture Whenua Maori, Maori Land

Act 1993

subsection (3) stating that, a Maori incorporation by special resolution of the owners

or

shareholders may alter, add to or replace its constitution in accordance with any

provision of

Page 35: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

this Act or any regulations made under this Act. This includes the provisions of

Section 253

which states that, subject to this Act, Te Ture Whenua Maori, Maori Land Act and

any other

enactment and the General Law made by Parliament or any statute.

Subject to this Act the Te Ture Whenua Maori, Maori Land Act and any other

enactment both

International and National, and the general law made by parliament, subject to this

Act and any

other enactment and the general law, every Maori incorporation made by Special

Resolution

including in its constitution or any restrictions imposed by the court shall have both

within and

outside NZ, full capacity in the discharge of its obligation of the trust in the best

interests of the

shareholders, to carry on or undertake any business or activity, do any act, or enter

into any

transaction and, for the purposes of paragraph 3(a) of this section, full rights, powers,

and

privileges.

What it says is that, a Maori incorporation by the blink of an eye in front of a court of

law in any

court in NZ or in any international court, Maori by special resolution says, meet my

eye, hold on

judge, we are just going outside and we are going to pass a resolution changing the

law, we think

its about time we passed a resolution, we’re going to change that law under Section

253 of

TTWM,ML Act 1993, subject to this Act and any other enactment and the general law

made by

Parliament.

You can change the law in an instant, bang! In Section 5 of TTWM,ML Act, it says,

“This Act shall

bind the Crown”, so the Crown has said, we can change it, we can change any law.

You can add

to it, alter it or replace it and we have full rights, powers and privileges to do that.

Page 13

In all the cases that I have been involved with myself personally, before this

Corporation

business started up I was exercising the same thing, my rights as a sovereign. The

people were

asking me, how come you’re getting away with a lot of things that we don’t get away

with. And I

said “well I’m just doing my own thing, minding my own business, applying the

law, and I’m getting away with it, that’s all.” At the end of the day, it is the quality of your lawful

and/or

legal argument. When other people try it out and fail, they fail because they have not

learnt the

Page 36: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

law properly.

I have heard Judges running out of the court room, they say ah, we’ll adjourn, they

read the

affidavit and then they adjourn and they say we’ll adjourn till 1 o’clock and then you

look out

the window on your side and you see the judge still in his robe he’s running out to the

car, hops

in and takes off. In an hours time your sitting and waiting for him and the registrar

comes up and

says the judge wont be back today, because of this and that and so and so whilst

putting on a

brave face.

MAUI.

The Maui Report. I am the Chief Registrar of Maori Law Society, Nga Tikanga Maori Society.

Mr Mapiria Matua who is the Crown?

The British Crown of England.

Where do Maori derive their authority from?

Maori derive their authority from the

Declaration of Independence 1835.

Where does the British Crown derive their authority from in New Zealand?

Article 2 of the

Declaration of Independence the Chiefs exercise their powers in that Article 2 of the

Declaration

in appointing the British Crown of England in the Te Tiriti of Waitangi.1840.

Now where does the Settlers and Immigrants Parliament derive their authority from?

They

derive their authority from the New Zealand Constitution Act 1852 no relationship to

the Te

Tiriti o Waitangi 1840 nor the Declaration, of Independence 1835.

What is the British Crown Protectorate Laws for Maori in the Dominion of New

Zealand? The

Dominion of New Zealand is the Maori nation under that Dominion. It is independent

and the

Protectorate Laws that have been put into place by the British Crown starts from the

New

Zealand Constitution Act 1846 s10 of that enactment states that in cases arising

between the

Aboriginal inhabitants of New Zealand alone... The Courts and Magistrates of the

same

province.., shall enforce such native [Maori tangata whenua] laws, customs and

usages as

aforesaid. The other Protectorate mechanism is the New Zealand Constitution Act

1852 in which

constitutes to Settlers and immigrants Parliament and Government of themselves and

s7i of

that, Act continues Article 2 of the te Tiriti o Waitangi.

Following that enactment was the

Native District Regulations Act 1858 no [41]. Under this particular statute all the laws

of were

Page 37: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

assented to by the native inhabitants Maori as well as British crown In the same year

the Native

Circuit Courts Act 1858 no [5] under s32 of that enactment Maori had their own

Assessors Court

which had the civil and criminal jurisdiction and a constabulary to enforce their lores.

In 1894

enactment was the Native Land Courts Act [part 11] which formed the basis of

present day Maori

Incorporations, which put into place provisions of Article 3 of the Te Tiriti of

Waitangi. Where it

was Maori shall have the same in equal measure as: that under her constitution she

has for her

subjects. For the arrangement therefore and for the agreement concerning the

Government of

the Queen all the Maori people of New Zealand will be protected by the Queen of

England and

will give to them all the rights and duties in Equal Measure that apply under Her

Constitution to

Page 14

people of England. And in relation to the Treaty of Waitangi there was also the

Statutes of

Westminster Act adopted by the New Zealand Settler Government on 11 November

1947. S8 of

that enactment provides that nothing in that Act gives any authority to alter or repeal

the

constitution of the Commonwealth of Australia and the Dominion of New Zealand.

However that

Act provided that the Settler Parliament could make full laws for themselves without

assistance

from the Parliament of Westminster. However in 1986 the Settlers Parliament upon

presumption

repealed the New Zealand Constitution Act 1852, which in fact removed the ability to

govern

themselves!!!!

In 1988 the Imperial Laws Applications Act 1988 was enacted and reverted back to

the Common

Law of England. Now enacted as protection statute in New Zealand is Te Ture

Whenua Maori

Act. Part 13 of that enactment refers to Maori Incorporations or Te Whakaminenga.

That part of

the Act still portrays the Declaration of Independence 1835. However in more

clarified form it is

the magnetism for Maori to establish their Government, Court structures and

institutions. They

have a mandatory and statutory, an autonomous right to legislate on Maori customary

law,

Clearly defined the Declaration of Independence 1835 Article 1 expresses this nation

is

Page 38: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

independent under the Dominion of New Zealand. Article 2 declares the sovereignty

of all who

were living within or within its territories Article 3 expresses that when the

Whakaminenga

assembles at Waitangi in the autumn months of February so it has been, they will

enact their

laws. Article 4 indicates the flag adopted by the Chiefs and accepted by King William

IV the

preamble of the Treaty of Waitangi indicates the intention of the British crown and

the

protection of all the rights and the property rights belong to Maori prior to the Treaty

of

Waitangi. And the continuance of the protection of those property rights. In the

preamble also

contains the concession that Maori made to the Crown in the statement that in the

English

translation of the Maori version “The Chiefs for the Government of the Queen to be

upon all the

places of this land and Islands because this is the cessation because also there are

many of her

people many other people of her tribe who live and will live on these lands and that is

to say

that Maori conceded their sovereignty over the European settler back to the British

Crown. None

other.

What is the statutory body that regulates and legislates customary law for Maori

nationally and

internationally Maori Incorporations are that body in exercise of their powers under

s253, s253A

and s268(3).

Where there is a Maori incorporation where is the Maori Land Courts jurisdiction?

The Maori

Land court has no jurisdiction in a Maori Incorporation’s affairs. That was determined

in 1986 by

the Maori Appellate Court on 26 October 1988 at Rotorua, from minute book 32,

folios 342-350

where the 3 Judges of the Appellate Court found that shareholders in the Maori

Incorporation

have no interest at law or at equity in land vested in the body corporate and therefore

the Court

has no power to make orders respect of such lands in terms of s31(a of the Maori

Affairs Act

1953 They found that the Court s jurisdiction was defeated by part 4 of the Maori

Affairs

Amendment Act 1967 which is now part 13 of the Te Ture Whenua Maori Act and in

relation to

the case there exists a Maori incorporation in the Whangaroa District, namely Matauri

X

Incorporation who are affiliated members of the Nga Tikanga Maori Incorporation

and in relation

Page 39: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

to the whole of the North there are 17 other Maori Incorporations within the North

from the

Cape to Tamaki Makaurau, There are 2021 Maori Incorporations throughout New

Zealand or

Aotearoa. All independent in their own right as statutory and mandatory bodies. The

representative of ManaTangata and Manawhenua.

Page 15

What effect would the Land Court hearing by Judge Spencer and his determination

have on the

members of the Matauri Bay X Incorporation? None what so ever as he himself was

one of those

judges on the Maori Appellate Court who found they had no power and no authority.

Is Te Ture Whenua Maori Land Act binding on the Crown? S5 of it states this Act

shall emphasise

the word “shall’, bind the Crown.

S2 of the Act requires all Ministers of the Crown or Judges and the Department of

Court Officials

to uphold the preamble to the Act and reaffirm that on the Tikanga of Maori.

right now.

Every year the funds go in that fashion. The funds that have been expended in NZ by

the NZ

Settlers Parliament for their administration and all of that is merely the interest.

Therefore, it is

Page 7

Maori money that is keeping this country going. Now, the principal sum is being held

by the

United Nations the principal sum of that amount.

The Trustees appointed for that fund are the King and Queen of Spain and Prince

Andrew at the

moment. The International Monetary Fund (IMF) borrows funds from there, and all

the other

World Banks, Banks through out the World borrow their funds from that one fund,

from that

principal sum. The Account held by the King and Queen of Spain and Prince Andrew,

is the

Page 40: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

biggest fund in the whole entire World. Lease Money and other Funds from the 74

nations of the

Commonwealth are held in Trust in this bank. Now that fund, the principal sum is

owned by the

Maori people right here in Aotearoa, NZ, entirely.

The key issue is that the British Crown is a Sovereign. Has a Sovereign interest

through out the

Pacific Ocean. Now listen to this Act concerning half castes and other persons living

in the Pacific

region, Section II Native Districts Regulations Act 1858, quote, “Half- castes and

other persons of

mixed race living as members of any Native tribe, and all aboriginal natives of any of

the islands

of the Pacific Ocean, shall for the purposes of this Act be deemed to be persons of the

Native

race” unquote.

What that is more or less saying is that a European, French, Spaniard, Chinese, or

other settler,

whilst living in Aotearoa, NZ, are classed as a person of the native race.

All indigenous people of the-Pacific Ocean region come under Maori Sovereignty.

And as far as

the Treaty of Waitangi is concerned, it is a 50/50 partnership between the Crown &

Maori

concerning Sovereignty over the Pacific Ocean region, so Maori people and all the

indigenous

people of the Pacific Ocean region are the Sovereigns in their own right.

Now, until the Maori people wake up and start taking their place in the great society

of nations,

then and only then would the wars against the Americans and people like Saddam

Hussein cease.

Page 41: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

The Maori people are the only ones who can fix the problems that the nations of the

Pacific

Ocean region are currently having, as expressed in the recent Pacific Nations

conference 2003.

The Banks, multi national corporations and other financial institutions will still be in

control of

the financial world; however that is no concern of ours. What does concern us as

sovereigns, is

the estimated time where Maori should be in control of Aotearoa, NZ, this should be

by the year

2005. From then on Maori will free the rest of the indigenous people of the Pacific

Ocean region

thereafter. I think all other issues are just issues of confusion.

Douglas Meyers was the president of the business round table in NZ, living in

Matauri Bay. We

have a daughter of Matauri Bay right here in our midst. Douglas Meyers has now

resigned from

the business round table; and most if not all of these corporates have moved offshore,

moved

their businesses offshore, but are holding offshore until this matter with the TOW is

settled.

They had previously made investments in NZ and found them to be of no worth to

them

investing in NZ until that TOW is properly settled!!!!!!!!

Challenging Jurisdiction of High Court or District Court Judges.

This is what you say to the judge, (to the presiding Judge)...

Sir, being a Native Indigenous Aborigine and therefore a sovereign of Aotearoa, NZ, I

reckon I’m

suppose to have a Native assessor up there by you to make sure that me and my

people get a

Page 42: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

fair deal. If you’re going to sit there by yourself, then that’s not fair, that’s a total

injustice.

Page 8

As your sovereign, her Majesty Queen Elizabeth II, under whom you swore your

judicial oath,

which is as follows;.

Quote “I swear to uphold the laws of Her Majesty Queen Elizabeth II her heirs and

successors

according to law, without fear nor favour or ill will towards all men, so help me God”

unquote.

This book here, the Te Ture Whenua Maori, Maori Land Act 1993 states, that this Act

shall bind

the Crown and so, if you deny me the use of this book and the laws within it and say

to me, no I

do not accept that, then you are saying to your sovereign that you are over stepping

her, then

you are in breach of your judicial oath and you are not exercising the law that binds

the Crown,

you are misbehaving by not upholding the laws of Her Majesty’ Queen Elizabeth II

her heirs and

successors according to law, and therefore, you are acting with misconduct as a judge.

By the power vested in me under Section 12 of Te Ture Whenua Maori, Maori Land

Act 1993, I

will personally see to it that ‘your position as judge, be removed from you, so help

you God.

The penalty under the Crimes Act of your own Government for treason is death, and

by/for any

member of the judiciary it is imprisonment for life so help you God, and when you get

there to

Page 43: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

prison you will meet the people who you put in there, yourself, other sovereigns like

myself.

Under the Native Circuit Courts Act 1858, number5, under section 32 of that Act.

Such provisions

come under Section 32 of the Te Ture Whenua Maori, Maori Land Act 1993.

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) (b) 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,

Page 44: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

the Maori Appellate court shall consist of—.

(a) Three judges of the Maori Land Court; and.

(b) One or two other members (not being judges of the Maori Land Court) to be

appointed by

the chief judge.

(2) Each person appointed tinder subsection (1) (b) Of this section shall possess

knowledge and

experience of Tikanga Maori.

(3) The Chief Judge shall, before appointing any person under subsection (I) (b) 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

Page 9

Independence) 1835 and Te Tiriti o Waitangi (Treat)’ 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

Page 45: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

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.

There are problems on our Marae today with entities such as Trust Boards created and

constituted under the Maori Trust Boards Act 1955, Incorporated Societies and the

sort whom

are constituted under the New Zealand Settlers Parliament. They are however,

artificial people

or creatures and therefore, they do not settle between Maori and European, they are

only

settling a deal with themselves, not with Maori.

Maori are a natural flesh and blood body, the NZ Parliament and all departments and

people

within those departments operating under them are artificial bodies, corporately

coloured

entities or non living breathing flesh and blood creatures/animals.

Maori Incorporations under Part XIII of Te Ture Whenua Maori. Maori Land Act

1993 (TTWM,ML

Act 1993).

When you come up against a Maori Incorporation under Statute of Law, it has the

same powers

as Parliament. When you’re dealing with Parliament your dealing with an animal,

when you’re

dealing with a Maori Incorporation your dealing with a natural person and a natural

body.

Section 35 of TTWM, ML Act 1993 will indicate for you what a Maori Land Court is;

it has the

Page 46: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

same powers as the High Court, for example;

Section 35. Fees and allowances —There shall be paid to any additional member of

the Maori

Land Court or Maori Appellate Court appointed under Section 28(1) or Section 31(1)

or Section

33(1) of this Act or by an order in council made under section 27(1) of this Act, out of

Public

money, remuneration by way of fees, salary, or allowances and travelling allowances

and

expenses in accordance with the Fees and Travelling Allowances Act 1951, and the

provisions of

that Act shall apply accordingly as if the Maori Land Court or the Maori Appellate

Court, as the

case may require, were a statutory board within the meaning of that Act. As if, in

which they are

not a statutory board.

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

Page 47: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

jurisdiction is still retained for the benefit of the settlers and not Maori and so when

you talk of

the High Court the Maori Land Court and any other court for that matter, it is not a

statutory

body, but a Maori incorporation is a statutory body independent, stands alone by

Section 150,

under the provisions of Section 150, the Maori Land Court has no jurisdiction over a

Maori

incorporation.

Page 10

Section 150 TTWM Act 1993 — Manner of alienation of undivided interests — (1)

No undivided

interest in any Maori freehold land may be alienated otherwise than by vesting order

made by

the court under Part VIII of this Act, unless the court is of the opinion that the

arrangement or

agreement of the parties should be given affect to by memorandum of transfer, and so

orders.

(2) Nothing in subsection (1) of this section applies in relation to the alienation of -

(a) Shares in a Maori incorporation:

(b) Interests in shares in a Maori incorporation:

(c) Beneficial interests in land that, by virtue of Section 250 (2) of this Act, remain

vested in the

several owners of that land despite the vesting of the legal estate in fee simple in that

land in a

Maori incorporation.

(3) No other interests in any Maori freehold land may be alienated otherwise than by;.

Page 48: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

(a) An instrument of alienation, executed and attested in accordance with the rules of

the court,

and con firmed by the court under Part VIII of this Act; or;.

(b) a vesting order made by the Court under that Part:.

(4) Nothing in subsection (3) of this section applies in relation to the alienation of any

interest in

Maori freehold land that —.

(a) is effected — (i) by a Maori incorporation; or -

(ii) by the trustees of any trust constituted under Part X of this Act; and.

(b) Is not an alienation by way of sale or gift?

This means that a Maori incorporation is totally independent from any other court. No

other

court has jurisdiction over a Maori incorporation, and so when you walk into the

District court or

the magistrate’s court you say, my jurisdiction, I challenge your jurisdiction over me

because I

am a beneficiary of a Maori incorporation, I am tangata whenua.

You can go through a process if you like, or you can go through by your own will. As

the

whakatauaki says, “A lone tree in the forest is easy to bend and to break”.

If you go in an incorporated way under a Maori incorporation nothing can break you,

because it

is like a big animal, there are many tentacles to a Maori incorporation. It can suck the

life out of

you if you oppose it or it can suck the life out of your adversary, this is a Maori

incorporation,

this is a sovereign. What is sovereignty; I will give you an understanding of what

sovereignty is.

Page 49: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

Sovereignty in the legal term when you’re using it against the settlers in a court of law

you must

be describing what sovereignty is, and according to Vattel, an old English writer on

international

law, sovereignty is vested in the ruler of the land. It is a society of people who have

united

together to procure their safety and welfare. They govern themselves under their own

laws, this

is sovereignty.

I will describe to-you what the common law is.

The common law is a judgement made by the Privy Council. The common law of the

UK is made

by the Privilege Council of the monarch; in this case Her Majesty Queen-Elizabeth-

the-Second.

When a decision is made from there it becomes a common law. The common law of

the UK in

relation to NZ preserves the Maori customary law in a judgement of Lord Phillimore

in 1901.

Case, Hineiti Rirerire Arani versus the Public Trustee, on the customary law, based

on the

statute, the 1846 New Zealand Constitution Act and 1852 NZ Constitution Act; those

are the

Page 11

statutes of the common law being upheld by the Privy Council in their judgement that

forms the

common law.

As to the extinguishment of our customary rights in our lands, forests, fisheries and

other taonga

Page 50: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

which includes human resources.

Lord Davey in a case, Nireaha Tamaki vs Baker, and in the United States, Johnstone

vs

Macintosh. Lord Davey stated that the issue of a Crown grant does not amount to

extinguishment of the Native Title and now that the case has been up before the Privy

Council,

the highest court in the land, the Crown lacked unreviewable prerogative power in

relation to

the Native Title.

The Native Title being, all the rights, powers and privileges existing prior to the

Treaty of

Waitangi. Government after that decision, a year following created a statute, trying to

over rule

the common law of the UK and they did it again here (New Zealand) in a case called

Willis vs the

Attorney General, in the case where it affected the Bishop of Wellington to a title of

land and an

agreement between the tribes in Wellington, that the bishop of Wellington might be

able to

build a school.

The government issued a Crown grant to the Bishop of Wellington and was held in

the High

Court of Appeal that the Crown grant gave the Bishop of Wellington full title to the

land. The

appeal went to the Privy Council via Willis vs The Attorney General.

Presiding on the Privy Council was Lord Mac-Naughten who stated, “We will have

none of that.”

The court was not an instrument of executive dictate, it was up to the court to

determine what a

Page 51: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

breach of trust was and Lord Mac-Naughten squashed the Crown grant issued to the

Bishop of

Wellington because it was insufficient.

Reason being, because the Crown had not purchased one inch of soil in New Zealand

and I state

an italic by way of first right of pre-emption and the first right of refusal. Now when

that

decision went to the Privy Council Lord Mac-Naughten stated that, “it was rather late

in the day

for the Colonial bench to deny the Native title legal status” and so in 1947 the

Government

adopting the Statutes of Westminster Act which gave them full power to make laws

for

themselves it was subject to Section 8 which stated this, quote “Nothing in this Act

shall give any

power to repeal the Constitution Act of the Colony of Australia or the Constitution

Act of the

Dominion of NZ” unquote.

Again, years go by and in 1986 the NZ Settlers Parliament breached the Statutes of

Westminster

Adoption Act 1947 and repealed the NZ Constitution Act 1852 and on repealing the

Constitution

Act of New Zealand they gave it full power and chopped off their own neck because

by the

Constitution Act 1852 it was by that Statute that they obtained from the British Crown

a warrant

to Govern themselves and they gave themselves full power to chop off their own

heads by

repealing the NZ Constitution Act 1852.

Page 52: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

New Zealand now stands in limbo. The NZ Settlers Parliament has no legal nor

lawful

Constitution.

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 the mean time in the year 1987, those three Regents put into force the Imperial

Laws

Application Act 1988. Section 5 of that Act states that the common law of the United

Kingdom

Page 12

shall form part of the law of NZ, reference behind that was the Privy Council decision

in 1947

concerning the Statutes of Westminster Adoption Act.

Following that came into place in 1991 the Resource Management Act; resource

management

was for the managers to act as interim managers of the resources. That meant that the

Local

Governments and the Minister of Conservation, had to manage the resources and the

conservation of those resources until the Maori Land Act could be put into place and

enacted

Page 53: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

into NZ. That Act took place in 1993 being the Te Ture Whenua Maori, Maori Land

Act 1993.

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 1995 the land was conquered by International Law, it was taken under the law of

conquest of

International Law. This occurred when the flags on the 6 of February 1995, the flags

of the NSW

and NZ Company hit the ground, the Governor Generals flag as the representative of

the Crown

came down and hit the ground.

The NZ “rag” (or flag) was trampled into the ground. The declaration of war was

placed to the

Governor-General against the New Zealand Parliament by Maori, and when all the

flags hit the

ground at the Treaty grounds in Waitangi in 1995 the Maori flag went up and hit the

top of the

mast, the Maori people had conquered back Aotearoa, NZ.

In 1996 the Fisheries Act was put into place, was enacted and now it is up to Maori

under the

provisions of Section 17, amending Section 268 Te Ture Whenua Maori, Maori Land

Act 1993

Page 54: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

subsection (3) stating that, a Maori incorporation by special resolution of the owners

or

shareholders may alter, add to or replace its constitution in accordance with any

provision of

this Act or any regulations made under this Act. This includes the provisions of

Section 253

which states that, subject to this Act, Te Ture Whenua Maori, Maori Land Act and

any other

enactment and the General Law made by Parliament or any statute.

Subject to this Act the Te Ture Whenua Maori, Maori Land Act and any other

enactment both

International and National, and the general law made by parliament, subject to this

Act and any

other enactment and the general law, every Maori incorporation made by Special

Resolution

including in its constitution or any restrictions imposed by the court shall have both

within and

outside NZ, full capacity in the discharge of its obligation of the trust in the best

interests of the

shareholders, to carry on or undertake any business or activity, do any act, or enter

into any

transaction and, for the purposes of paragraph 3(a) of this section, full rights, powers,

and

privileges.

What it says is that, a Maori incorporation by the blink of an eye in front of a court of

law in any

court in NZ or in any international court, Maori by special resolution says, meet my

eye, hold on

judge, we are just going outside and we are going to pass a resolution changing the

law, we think

Page 55: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

its about time we passed a resolution, we’re going to change that law under Section

253 of

TTWM,ML Act 1993, subject to this Act and any other enactment and the general law

made by

Parliament.

You can change the law in an instant, bang! In Section 5 of TTWM,ML Act, it says,

“This Act shall

bind the Crown”, so the Crown has said, we can change it, we can change any law.

You can add

to it, alter it or replace it and we have full rights, powers and privileges to do that.

Page 13

In all the cases that I have been involved with myself personally, before this

Corporation

business started up I was exercising the same thing, my rights as a sovereign. The

people were

asking me, how come you’re getting away with a lot of things that we don’t get away

with. And I

said “well I’m just doing my own thing, minding my own business, applying the

law, and I’m

getting away with it, that’s all.” At the end of the day, it is the quality of your lawful

and/or

legal argument. When other people try it out and fail, they fail because they have not

learnt the

law properly.

I have heard Judges running out of the court room, they say ah, we’ll adjourn, they

read the

affidavit and then they adjourn and they say we’ll adjourn till 1 o’clock and then you

look out

Page 56: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

the window on your side and you see the judge still in his robe he’s running out to the

car, hops

in and takes off. In an hours time your sitting and waiting for him and the registrar

comes up and

says the judge wont be back today, because of this and that and so and so whilst

putting on a

brave face.

MAUI.

The Maui Report.

I am the Chief Registrar of Maori Law Society, Nga Tikanga Maori Society.

Mr Mapiria Matua who is the Crown?

The British Crown of England.

Where do Maori derive their authority from?

Maori derive their authority from the

Declaration of Independence 1835.

Where does the British Crown derive their authority from in New Zealand?

Article 2 of the

Declaration of Independence the Chiefs exercise their powers in that Article 2 of the

Declaration

in appointing the British Crown of England in the Te Tiriti of Waitangi.1840.

Now where does the Settlers and Immigrants Parliament derive their authority from?

They

derive their authority from the New Zealand Constitution Act 1852 no relationship to

the Te

Tiriti o Waitangi 1840 nor the Declaration, of Independence 1835.

Page 57: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

What is the British Crown Protectorate Laws for Maori in the Dominion of New

Zealand? The

Dominion of New Zealand is the Maori nation under that Dominion. It is independent

and the

Protectorate Laws that have been put into place by the British Crown starts from the

New

Zealand Constitution Act 1846 s10 of that enactment states that in cases arising

between the

Aboriginal inhabitants of New Zealand alone... The Courts and Magistrates of the

same

province.., shall enforce such native [Maori tangata whenua] laws, customs and

usages as

aforesaid. The other Protectorate mechanism is the New Zealand Constitution Act

1852 in which

constitutes to Settlers and immigrants Parliament and Government of themselves and

s7i of

that, Act continues Article 2 of the te Tiriti o Waitangi.

Following that enactment was the

Native District Regulations Act 1858 no [41]. Under this particular statute all the laws

of were

assented to by the native inhabitants Maori as well as British crown In the same year

the Native

Circuit Courts Act 1858 no [5] under s32 of that enactment Maori had their own

Assessors Court

which had the civil and criminal jurisdiction and a constabulary to enforce their lores.

In 1894

enactment was the Native Land Courts Act [part 11] which formed the basis of

present day Maori

Incorporations, which put into place provisions of Article 3 of the Te Tiriti of

Waitangi. Where it

Page 58: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

was Maori shall have the same in equal measure as: that under her constitution she

has for her

subjects. For the arrangement therefore and for the agreement concerning the

Government of

the Queen all the Maori people of New Zealand will be protected by the Queen of

England and

will give to them all the rights and duties in Equal Measure that apply under Her

Constitution to

Page 14

people of England. And in relation to the Treaty of Waitangi there was also the

Statutes of

Westminster Act adopted by the New Zealand Settler Government on 11 November

1947. S8 of

that enactment provides that nothing in that Act gives any authority to alter or repeal

the

constitution of the Commonwealth of Australia and the Dominion of New Zealand.

However that

Act provided that the Settler Parliament could make full laws for themselves without

assistance

from the Parliament of Westminster. However in 1986 the Settlers Parliament upon

presumption

repealed the New Zealand Constitution Act 1852, which in fact removed the ability to

govern

themselves!!!!

In 1988 the Imperial Laws Applications Act 1988 was enacted and reverted back to

the Common

Law of England. Now enacted as protection statute in New Zealand is Te Ture

Whenua Maori

Page 59: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

Act. Part 13 of that enactment refers to Maori Incorporations or Te Whakaminenga.

That part of

the Act still portrays the Declaration of Independence 1835. However in more

clarified form it is

the magnetism for Maori to establish their Government, Court structures and

institutions. They

have a mandatory and statutory, an autonomous right to legislate on Maori customary

law,

Clearly defined the Declaration of Independence 1835 Article 1 expresses this nation

is

independent under the Dominion of New Zealand. Article 2 declares the sovereignty

of all who

were living within or within its territories Article 3 expresses that when the

Whakaminenga

assembles at Waitangi in the autumn months of February so it has been, they will

enact their

laws. Article 4 indicates the flag adopted by the Chiefs and accepted by King William

IV the

preamble of the Treaty of Waitangi indicates the intention of the British crown and

the

protection of all the rights and the property rights belong to Maori prior to the Treaty

of

Waitangi. And the continuance of the protection of those property rights. In the

preamble also

contains the concession that Maori made to the Crown in the statement that in the

English

translation of the Maori version “The Chiefs for the Government of the Queen to be

upon all the

places of this land and Islands because this is the cessation because also there are

many of her

Page 60: Interview With Hohepa Mapiria Joseph __Joe__ Murphy Royal Regent 7 July 2003 (2)

people many other people of her tribe who live and will live on these lands and that is

to say

that Maori conceded their sovereignty over the European settler back to the British

Crown. None

other.

What is the statutory body that regulates and legislates customary law for Maori

nationally and

internationally Maori Incorporations are that body in exercise of their powers under

s253, s253A

and s268(3).

Where there is a Maori incorporation where is the Maori Land Courts jurisdiction?

The Maori

Land court has no jurisdiction in a Maori Incorporation’s affairs. That was determined

in 1986 by

the Maori Appellate Court on 26 October 1988 at Rotorua, from minute book 32,

folios 342-350

where the 3 Judges of the Appellate Court found that shareholders in the Maori

Incorporation

have no interest at law or at equity in land vested in the body corporate and therefore

the Court

has no power to make orders respect of such lands in terms of s31(a of the Maori

Affairs Act

1953 They found that the Court s jurisdiction was defeated by part 4 of the Maori

Affairs

Amendment Act 1967 which is now part 13 of the Te Ture Whenua Maori Act and in

relation to

the case there exists a Maori incorporation in the Whangaroa District, namely Matauri

X

Incorporation who are affiliated members of the Nga Tikanga Maori Incorporation

and in relation

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to the whole of the North there are 17 other Maori Incorporations within the North

from the

Cape to Tamaki Makaurau, There are 2021 Maori Incorporations throughout New

Zealand or

Aotearoa. All independent in their own right as statutory and mandatory bodies. The

representative of ManaTangata and Manawhenua.

Page 15

What effect would the Land Court hearing by Judge Spencer and his determination

have on the

members of the Matauri Bay X Incorporation? None what so ever as he himself was

one of those

judges on the Maori Appellate Court who found they had no power and no authority.

Is Te Ture Whenua Maori Land Act binding on the Crown? S5 of it states this Act

shall emphasise

the word “shall’, bind the Crown.

S2 of the Act requires all Ministers of the Crown or Judges and the Department of

Court Officials

to uphold the preamble to the Act and reaffirm that on the Tikanga of Maori.