13/12/2023
Although the protest at Te Papa was appropriate and courageous, unfortunately the rhetoric that accompanied it lacked a coherent and unified message, which allowed the media and commentators to reframe the action into anything they pleased.
It is unfortunate that so few people understand what the Treaty actually is and I have yet to find anyone who can, therefore, articulate the relevance of the Treaty today, vis a vis the political structure and thus the lawful validity of the establishment.
So, the Treaty is a sovereign accord between each of the Signatories and the Crown (represented in the discussions and incompletely recorded by the Treaty document) allowing the Crown to exercise its sovereign authority over its British subjects, within the bounds of the Signatory's area of influence (mana whenua?). In essence, this created 512 (sic) separate sovereign agreements, but unfortunately there was never any consideration or meaningful dialogue to agree the mechanism for effecting the joint sovereign authority when the sovereign jurisdiction conflicted - e.g. what mechanism was in place to resolve inter-personal conflict between Maori and Pakeha? There was good reason this was never discussed - the Crown wished to effect its sovereign authority as the supreme authority, which it subsequently and unlawfully did by Hobson's proclamation of supreme sovereignty, in May of that year. This proclamation was represented by the document, which is known as the "English version of the Treaty" which was then presented to the British Parliament, in October of 1840, as the Treaty of Waitangi, which was perceived as the Crown's legal basis to effect sovereignty over all inhabitants of New Zealand...the great fraud effected by Hobson, on both Māori and the Crown.
So, what does this mean? Simply, that the basis for the Crown's claim to hold supreme sovereign authority is without a lawful basis - the Crown is not a lawful sovereign authority and thus has no singular lawful jurisdiction within New Zealand. If we are to honour the Treaty, the Crown can only exercise sovereign authority, jointly and severally with each Treaty signatory, assuming that there is a willingness by each Signatory representative to exercise joint sovereignty.
Had the display in Te Papa explained this, then this would have been a proper record of events. Of course, it did not do so, which is why the action taken was warranted. In fact, the Te Papa display is only the tip of the iceberg, as the reshaping of this historical event is falsely represented in all walks of life, which is the basis of institutional oppression and subjugation of Maori - colloquially known as institutional racism (a lazy interpretation of events in my view).
This is where it gets interesting. Exercising sovereignty in 1840 was solely based on geography, extending to the rohe controlled by each individual hapu. Move forward to today, we live in a nation without boundaries. So how can each individual sovereign accord be practically effected? In my view, to try and effect geographical hapu sovereignty is not economically viable or practical, at any level. As a simplistic example, imagine that each sovereign area had its own roads. Putting aside the establishment and maintenance of these, just consider that the use of each road would be subject to differing rules. Travel from Auckland to Hamilton could easily involve having to drive on different sides of the road as one transits different hapu boundaries. One can see the problem. The sovereignty of 1840 must be evolved, which means that the individual sovereignty must be subsumed by a higher authority.
The obvious answer, the various Hapu would collectively agree that everyone driving on New Zealand roads, drive on the left. This is the essence of sovereignty - a hierarchy of authority, with the supreme authority being that which resolves the conflict, which means that everyone is in agreement. What is important to note, is that this is NOT co-governance, rather it is the establishment of a supreme authority!
The Treaty is a sovereign accord - not an administrative mechanism, which is what Government is. The Treaty defines authority at a Hapu level and inherent within that, with the changing dynamic of how we live today, provides the practical basis of a higher sovereign authority, that of conjoined hapu and Crown authority. In today's context, this means that Parliament, a Crown administrative mechanism, MUST BE subordinated to the conjoined sovereign authority of the Treaty signatories. This is pivotal in shaping the lawful political structure of our nation.
It is essential that we recognise co-governance for what it is, the mechanism by which the Crown deflects the unlawful claim of its supreme, singular sovereign authority. By definition, co-governance is subordinate to the legislation that establishes it! This legislation is defined by Parliament, which is the Crown, as a singular entity! Calls by Māori for co-governance, rather than establishing Māori sovereignty, by definition, actually recognises and affirms the Crown's unlawful authority, as these calls for co-governance inherently must assume the Crown's superordinate authority to legislate, in the first place!
By not understanding the meaning of sovereignty, we allow the Treaty to be reframed as an administrative agreement - thus allowing the Crown to "Honour the Treaty" by effecting administrative mechanisms, such as co-governance, Treaty settlements, Māori Health authorities etc, etc. To Honour the Treaty requires that the Crown and Māori recognise the Sovereign authority of the Treaty signatories, which by definition, must subordinate Parliament to such an authority!
This is the message that is missing from the activist rhetoric. This is what is missing from all protest against the establishment and this is why the establishment is able to reframe the rhetoric to reflect the sovereignty of the Crown - there is simply no clear and concise claim to Māori sovereignty that is grounded in the Sovereign authority enshrined in the Treaty, rather it tries to find a basis in administrative mechanisms of co-governance and a myriad of brown-washed initiatives and ideas, with the much vaunted Treaty Principles being, by far, the most insidious. There are NO principles inherent within the Treaty, other than - there is agreement or not! These principles are just another example of the smoke and mirrors that the Crown uses to deflect the unlawful nature of its [fraudulent] claim of singular, supreme sovereignty!
If activism is the mechanism to bring the Crown to the table, then activism must first understand the message. The message must be clear, concise and be grounded in the sovereign authority enshrined within the Treaty. The message must be:
1. The Treaty was a Sovereign accord by Māori and the Crown, which today must be recognised as a conjoined sovereign authority of the Treaty signatories.
2. The Sovereign authority of today's Treaty signatories, by definition, must be supreme and as such, all administrative mechanisms must be SUBORDINANT to that authority, INCLUDING, Parliament.
3. A sovereign body representing the Treaty signatories must be established, which will direct and control the administrative mechanisms that will govern the nation. These mechanisms, collectively, will form the basis of a Governing entity, which may be effected by the Parliamentary structure that is currently used, except that this Parliament will now recognise the sovereignty of the CONJOINED Sovereign entity, NOT JUST the Crown.
https://www.facebook.com/twowhare/photos/a.409890526054123/1390538257989340/
Well - He Puapua, the report on Māori determination, as expected is all p**s and wind. To be expected really - written by academics whose only real objective is to get published and blow air up the arses of other academics. Harsh words, one might say, but the proof of the pudding is in the eating.
The report gets off to a bad start as it states, quite clearly, that it draws on the Matike Mai report. Anyone who has read this inflated exercise in academic self-preening knows that it conflates all manner of governance and sovereignty aspects, indeed proposes six separate possible governance models, all of which miss the mark. I despair, is there no one who understands sovereignty in this country? Just to lay out for those who might be new to this page - Sovereignty is to give the collective group the authority to control the individual. This is a big deal - it is the voluntary cession of autonomy to the collective so that all might benefit from the synergies of harmonious cohabitation. The nub of this is that this is a contract with a quid pro quo...I give up my autonomy and the collective group ensure my welfare. Quite easy to understand, however, what is being missed by everyone, it would appear, is that a contract is an authoritative structure in that the parties agreeing the contract are subordinate to the collective agreement that forms the contract...in other words, we each agree to be bound by the terms and conditions that we agree in the contract.
Let us now shape the entities to this contract in terms of Māori and Colonial settlers. The Settlers, represented by the Queen and Māori, represented by the Hapu Chiefs, were the contracting entities and the Treaty was the sovereign contract, that when agreed, became the super-ordinate contract - representing the collective authority of all the contracted parties. Thus, by definition, all the individual Māori chiefs and the Queen, individually are subordinate to the collective authority of the Treaty signatories. Thus the sovereign entity is a conjoined authority - which is what has been missing since 1840. Given that Parliament is an administrative function to effect the sovereigns rule, again by definition, this function MUST be subordinate to the sovereign. Nothing in the Matike Mai or He Puapua illustrate or consider this most basic fundamental of sovereignty - that the administrative function - Parliament - is subordinate to the sovereign. Indeed, both consider that Parliament is itself sovereign - the continuance of the rejection of Maori sovereignty, which Hobson unlawfully claimed to be the case in May 1840 - i.e. The lie that Māori ceded sovereignty to the Queen [representing the British Parliament, known as the Crown]
So here we have another report, another manipulation and continuance of the unilateral claim of the "Crown", that Parliament is sovereign and that Māori are subordinate to this unlawful authority. This can only be rectified by establishing an upper house that is the definitive sovereign authority - an upper house that directly represents the Treaty signatories - both Māori and the Crown together. We do not need to wait twenty years for this - it can be done today - if only there was someone to hold the Government's feet to the fire.
One might think that He Puapua does identify some form of "Treaty based upper House", but it does not do so with the subordination of Parliament in mind, rather it reflects a co-governance model in some aspects and separate governance in others, traditional Māori land for instance. This is, of course ridiculous and ignores the sovereign hierarchy, which is supreme. The rule of the supreme, conjoined sovereign is equal and the same for all - the essence of sovereignty. Every single person must be treated exactly the same - else there is no quid pro quo. This is the issue missed by Māori and Pakeha alike. If there are disadvantaged people, this must be addressed at the administrative level - NOT the sovereign level. To address the historical and contemporary issues would take another significant post - but suffice to say, when we correctly address sovereignty - then the landscape changes dramatically.
First and foremost we kick ownership of resource into touch, especially land. Westminster exists only to establish and maintain "property", i.e. the expropriation of resource from the collective. This is fundamentally wrong as sovereignty is our individual and voluntary acceptance that the collective exists only in so far as it effects the GUARDIANSHIP of resources, on our behalf. By definition, individual ownership removes the collective guardianship of resource, at the expense of the collective.
A proper sovereign model neatly addresses the question of who owns the land, seabed, foreshore, water etc - answer no one! But, who administers the land - the sovereign does, on our behalf. The use of the land then becomes a matter of administration over our life time - a sliding window of individual use, that is extinguished as each of us dies. That specific hapu might have administrative control over tracks of land is easily managed - but always under the authority of the sovereign - that is, the people's representative! Similarly, the foreshore becomes the "sovereign's Chain" - essentially the collective right of all people to use.
It is time that we challenge these academics on their institutionalised ignorance of sovereignty and also educated everyone on the real structure and meaning of sovereignty - simply, that the Treaty, being a sovereign agreement binds two nations together and gives the signatories of the Treaty the authority to govern and administer this nation for the benefit of us all!