A BRIEF SUMMARY OF THE TE ROROA CLAIM

HOW CAN THE CROWN RETURN THIS LAND WHEN THE FACTS ARE KNOW???

IT'S CORRUPT, IT'S ILLEGAL, IT'S IMMORAL, IT'S A SHAM!!!!!

Te Roroa Lost their Land
Te Roroa (Ngatiwhatua) lost their land in previous battles and were only living on this land under the protection of Parore te Awha (Ngapuhi).

Te Roroa Squatters on the Land.
In 1874, when Tiopira Kinaki (Te Roroa) offered Waipoua and Maunganui to the Crown, they were only squatters on the land. This was confirmed by the late Ngapuhi Elder Graham Rankin in a letter to the Minister in Charge of Treaty Negotiations Margaret Wilson and by one of the main claimants, Garry Hooker in an article written ten years before the claim was lodged (4/1/1978) to Lady Aileen Fox, Auckland Institute and Museum.

Sale to the Crown
In 1874, Tiopira offered this land to the Crown and was paid 600 pounds deposit for surveying to begin.

Opposition to Sale
Parore opposed this sale and threatened to take up guns if it went ahead.

Agreement to Sell
After a Court hearing to determine rightful ownership, it was agreed between the two chiefs, Tiopira would have Waipoua and Parore would have Maunganui but both blocks to be sold as one. Both chiefs would sign the two agreements. Tiopira asked for one reserve, Waipoua No1 and Parore asked for one reserve, Taharoa. Both reserves were cut out of the sale and granted to each chief respectively. There was no mention made of any other reserves before, during or after the sale. i.e. Manuwhetai or Whangaiariki.

Tiopira Sells his Land
Tiopira sold Waipoua No2 to the Crown on the 6 February 1876 and retained his reserve Waipoua No1.
consisting of 12,220 acres. No mention was made of any other reserves. This Sale Agreement was withheld from the Waitangi Tribunal. We have a copy, which makes no mention of Manuwhetai or Whangaiariki.

Parore Sells his Land
Parore sold Maunganui to the Crown on the 8 February 1876 and retained his reserve Taharoa consisting of 250 acres. No mention was made of any other reserve. This Sale Agreement was also withheld from the Waitangi Tribunal. We have a copy, which makes no mention of Manuwhetai or Whangaiariki

Native Land Fraud Prevention Act 1876
A new Act was set up by the Crown to investigate all sales between the Crown and Maori. The Trust Commissioner was completely satisfied with this sale and the two reserves granted.

Alleged Improper Sale Inquiry
One month after the Sale of Waipoua and Maunganui, Tiopira complained that Parore had been paid more for his block than he had. An inquiry was held were the whole sale was investigated, areas, monies paid and reserves given. No mention was made of Manuwhetai or Whangaiariki at this inquiry. At the conclusion of the Inquiry, both chiefs were completely satisfied with their sale and reserves.

Gazette Notice.
On the 7 September 1876, the New Zealand Gazette gave the areas sold and the one reserve, Taharoa granted in the sale of the Maunganui Block. No mention was made of Manuwhetai or Whangaiariki, which are located within the Maunganui Block.

1939 Inquiry.
In 1939, an old map (ML 3297/8) had been found showing Manuwhetai and Whangaiariki. At the bottom of this map was written, "Included in the sale of Maunganui, waste land of the Crown. Vide NZ Gazette, 7 Sept, 1876, p623". While Judge Acheson heard the evidence, Chief Judge Shepherd investigated the whole claim/sale in 1876 and found, "There was no case to answer, Manuwhetai and Whangaiariki were never intended to be cut out of the Maunganui Block purchase". It has been found this map was made for a third party who was paid off for this claim.

Treaty of Waitangi Act 1975
The 1975 Treaty of Waitangi Act allowed claims against the Crown that occurred after 1975.

Treaty of Waitangi Amendment Act 1985
The 1985 Treaty of Waitangi Amendment Act allowed claims to date back to 1840.

Purchase of Land at Maunganui
In 1986 Allan Titford purchases 1650 acres of land at Maunganui. The Government owned Rural Bank, after a full feasibility assessment, loaned Mr Titford the balance to buy the property.

Subdivision
The property had a Council approved subdivision on the beachfront. This subdivision, when sold, would repay the bank. Many sections had been sold before the claim was lodged. The claim stopped any further sales.

Te Roroa Lodge Claim.
In 1986, Te Roroa lodged a claim with the Waitangi Tribunal for the return of Manuwhetai on Allan Titford's property and Whangaiariki on Don Harrison's property. Both privately owned, freehold titled properties. Titles issued and guaranteed by the Crown.

Land Becomes Maori Land
As soon as this claim is lodged, the Crown, the Government, the police, the media and the claimants referred to this land as "Maori Land" and erected signs to this affect on Allan Titford's land. The harassment, terrorism and lies began against the Titford's and Harrison's by the Crown, Government, police, media and claimants.

Statement of Fact
In 1990, the Labour Government signed a 'Statement of Fact' with Te Roroa, stating, "The Crown and the Claimants are therefore agreed that the lands known as Manuwhetai and Whangiariki were intended by all parties to be reserved from sale. By a combination of factors including human error, that intention was never given effect to". The Crown or the Claimants did not have one document to substantiate this 'Statement'. This "Statement of Fact" was presented to the Waitangi Tribunal.

Not One Document to Support Claim
To date the Crown, the Waitangi Tribunal and the claimants cannot produce one document to substantiate this claim. This "Statement of Fact" gave the Waitangi Tribunal no other option than to find in the claimants favour by allowing documents to be withheld, amended or fabricated to allow this claim to proceed. A fact admitted by the Chairman of the Waitangi Tribunal, Chief Judge Eddie Durie. One of the main claimants, Ned Nathan was a member of the Waitangi Tribunal at the time and many Te Roroa held positions in Government where documents could and did disappear. Many of the Maori Affairs Select Committee were related to Te Roroa or had a vested interest in this claim. It is also doubtful as to some of the claimant's "true" affiliation to this land.

Claimants Whakapapa
It's been found, main claimant Ned Nathan's great grandfather Netana Patuawa was actually Nathan Porta-ava of Portuguese descent who was born in the Philippines in 1829 and was shipwrecked in New Zealand in 1851. Ned married a Greek woman, therefore his sons, Alex and Marnos, who have taken up this claim since Ned's death, have very little, if any, Te Roroa ancestry or "true" affiliation to this land.

Allegations against Allan Titford
Allan Titford was wrongly arrested on numerous occasions for assault but was acquitted on all counts. At times, forcibly taken away at night while his young wife Sue was left on her own amongst the "hostile natives". Sue miscarriages twice during this time. Murder by the Crown??

Building Destroyed
In 1990, an implement shed on Allan Titford's farm was burnt to the ground and his bulldozer was driven into the lake twice. After this, the Government's State Insurance cancelled all their insurances.

Stock Shot
Both Allan Titford and Don Harrison had stock shot and fences cut. DOC shot 40 of Don Harrison goats instead of informing him they had strayed onto Crown land. Even the RNZAF started low flying over their land to frighten stock and harass the owners.

House Destroyed
Allan Titford's was asked by the Crown to assemble all the documents he had into this claim at his home to be inspected by John Delamere, manager of the Treaty Policy Unit (now the Office of Treaty Settlements). Allan Titford's house, including all the documents was then burnt to the ground without insurance. Luckily Allan had kept a second copy of all his documents in a safe place.

Waitangi Tribunal Report/Recommendation
In 1992, two years after the Crown had agreed Manuwhetai and Whangaiariki were Maori land, the Waitangi Tribunal released its 'controversial recommendation' without one documents of support. In fact, the Chairman of the Waitangi Tribunal, Chief Judge Eddie Durie admitted, evidence had been withheld, altered or manufactured to come to this decision. Once the Crown had agreed to this claim in 1990, the Tribunal had no other option than to find in the claimants favour.

Bank Foreclose on Loan
The Bank then seized Allan Titford's bank accounts and the bank paid Allan Titford's brother Brian to run the farm, which then incurred great debt. The Crown in coercion with the Bank had deliberately forced Allan and his young family off their farm for a false claim the Crown did not have one document to substantiate. The Crown was forcing Allan Titford into bankruptcy!!

Flee to Tasmania
Allan and Sue and their young family were forced to flee to Tasmania for their safety.

Government Guarantees Freehold Titles
From the moment this claim was lodged, Prime Minister David Lange, the Crown/Government and all its Ministers "guaranteed not one square inch of private land would be taken for a Maori land Claim". The claim was against the Crown - not the Private land owner, but who suffered!!!

1993 Treaty of Waitangi Amendment Act.
This Act was to stop privately owned, freehold titled land from being, "recommended by the Waitangi Tribunal or acquired by the Crown, for return to Maori". The Hon Doug Kidd stating, "The amendment will make absolutely plain to all New Zealanders, whether they own land, whether they lend money on it, or whatever their relation might be to it, that private land is sacrosanct and totally excluded from Treaty claims and settlement process".

Crown Immorally Purchased Don Harrison's Property.
Unbeknown to Don Harrison, just a few hours before the "1993 Treaty of Waitangi Amendment Act" become law (20 August 1993), the Crown forced Don, "under duress" to sign the agreement to purchased his land on a recommendation by the Waitangi Tribunal. By now Don had had enough, he had no other option than to sell his farm "under duress". So much for the Crown's guarantee!!!!

1994 Sale Agreement
In 1994, the Crown offered to buy the Titford's property for a ridiculous sum. Allan Titford made amendments to the offer and supplied valuations, including one from the Federated Farmers, but the Crown refused these amendments. The Sale was between Allan John Titford and Her Majesty the Queen under the 1948 Land Act.

Bribe
The Crown's agent, Ray Chappell then tried to bribe Brian Titford with $500,000 to declare Allan insane so he could become Power of Attorney and sign the Sale Documents. Brian refused. Chappell also stated, "If you attempt to take us to Court, remember the Crown owns the Court and justice system and they can simply pay the Judges off because you wouldn't be getting a trial by jury in a case like this".

Bankrupt Allan and Take Father's Property
In late 1995, the Crown in association with the Bank threatened to bankrupt Allan and take his father's property held as security by the bank.

Crown's Lawyer
The Crown instructed, appointed and paid a lawyer in Tasmania "to assist in the matter".

1995 Sale Agreement
On the 8 December 1995, the 1994 offer was again put to Allan Titford. Allan now had no other option now than to accept this offer or go bankrupt and his father would loose his farm.

Crown Amends Agreement
When the Sale Agreement and Deed arrived to be signed, the Crown had made major changes to it since Allan had agreed to sign it the week before. It now breached the 1948 Land Act. From now on, the Crown's appointed lawyer handled all legal matters. Allan's lawyer in New Zealand, Clive Jackson was not given a copy of the final, amended agreement and was refused a copy of the fully executed Sale agreements as they had been "tampered with" by the Crown. He would have found it breached the "1948 Land Act" and acted accordingly. Allan Titford has still not received a copy of the Sale Agreement and Deed he signed and the Crown's appointed lawyer witnessed in Tasmania on the 12/12/1995.

Allan Makes Amendments
Before Allan would sign this new agreement he made further amendments. It has been found the Crown's lawyer in Tasmania substituted the amended pages with clean pages before returning them to the Crown Law Office in New Zealand. The Crown has presented many "versions" of the Sale Agreement and Deed but not the "legal" documents signed by Mr Titford and witnessed by the Crown's appointed lawyer in Tasmania on the 12/12/1995. A fact found by the Ombudsman investigation and the photos taken of the "original" documents.

Crown also Substitutes Pages
It has also been found the Crown again "tampered with" the documents after they arrived in New Zealand to allow this claim to proceed. This has come to light with the many "versions" we have received from the Minister in Charge of Treaty Settlements, Mark Burton.

Crown Breaches Act to Purchase Property
In 1995, the Crown purchased Allan Titford's property on a "controversial recommendation by the Waitangi Tribunal", therefore, breaching the 1993 Treaty of Waitangi Amendment Act.

Crown Lies to Media
From the beginning of this false claim, the Crown lied to the media but no more so than when they stated Allan Titford had received $3.25 million dollars for his property and stock. No mention was made of the fact that this false claim had incurred Allan Titford $2.25 million dollars in debt and his stock was worth $750,000, leaving just $250,000 to purchase 1650 acres!! Allan Titford and Don Harrision did not receive compensation, but the Crown has offered Te Roroa $9.5 million dollars!!!!

Sale of Taharoa
In 1951 the Crown purchased Taharoa reserve for six times its Government Valuation!!!!

Te Roroa Settlement.
In December 2004, a settlement was put to Te Roroa, 2000 hectares of land and $9.5 million dollars in compensation. While the Crown stated the majority of Te Roroa signed this settlement, one of the main claimants, Garry Hooker stated only about 100 "genuine" Te Roroa signed it and many of these were children under the age of 10!!

First Reading of the Te Roroa Settlement Bill
At the first reading of this Bill, the Hon Mark Burton, the Minister in Charge of Treaty Negotiation made some very serious misleading statements to Parliament, which the One New Zealand Foundation revealed in their Submission to the Te Roroa Settlement Bill.

Second Reading of the Te Roroa Settlement Bill
At the second reading of this Bill, Tau Henare (National), a member of the Maori Affairs Select Committee deliberately lied to Parliament to suppress the truth of this claim. He lied that the Select Committee had not heard the One New Zealand Foundation's Submission. This was a blatant lie, as I presented our submission on the 2 May 2007 at Parliament. The complete Maori Affairs Select Committee, the Prime Minster, the Speaker of the House, the Minister of Maori Affairs and John Key (National party leader) has endorsed this lie by taking no action when it was brought to their attention. Many of the Maori Affairs Select Committee members were either related to Te Roroa or have a vested interest in this claim. This Select Committee and its report was a sham!!! To support a lie is as bad as telling a lie!!!

Harrison and Titford Properties a Substitute
It has been found, Don Harrison's and Allan Titford's properties were a substitute for land owned in multiple ownership under claim. Te Roroa is now trying to obtain these properties as well.

Te Roroa Settlement Bill
It is unbelievable that the Government continues with this Bill when the facts are known, especially when so many Politicians and bureaucrats are prepared to lie to allow it to proceed. It's a fact, the Labour Government made a terrible mistake in 1990 when they agreed to the "Statement of Fact" without one document to support it but National continued with it. They must admit their mistake and reject this fraudulent claim.

Government Picks on the Wrong Guys
This was the first case to be brought before the Waitangi Tribunal to steal privately owned freehold titled land for a false Maori land claim but the Government picked on the wrong guys. Allan Titford and Don Harrison refused to give up their privately owned, freehold titled properties for a false Maori land claim without a fight but the Government used every corrupt, immoral and illegal method they could to steal their properties. They allowed false evidence to be presented to the Waitangi Tribunal. They allowed the police, DOC the RNZAF and the claimants to terrorise and harass them. They allowed Acts of Parliament to be breached. They allowed legal documents to be altered. They have been unable to supply one document to support this claim but still continue to proceed with it. Shame on them!!!

The One New Zealand Foundation will not let this corruption go un-noticed!!

As the Te Roroa Settlement Bill is in its final stage of being settled, we believe through research and legal opinion, the Crown does not legally or morally own Don Harrison's or Allan Titford's property that is being returned in this Settlement.

This would be the most disgraceful action ever taken by any Government to deprive innocent citizens of their freehold titled properties. As Allan Duff stated, "Doug Graham [plus Wilson, Burton, Cullen, Tapsel, Carter, Bolger, Palmer, Lange and hundreds more] will not go down in history as the man who did so much to settle the long standing Maori land grievances, he will be remembered as the man who sold out to his fellow New Zealanders, Maori and non-Maori, to a bunch of brown gangsters and their pale brown thugs"

Prepared by the Research Department, One New Zealand Foundation Inc. 25/11/2007

For full details on the corrupt, immoral and illegal way in which the Crown went about stealing these properties from innocent New Zealand Citizens, check onto; www.onenzfoundation.co.nz or contact, rrossbaker@austarnet.com.aurossrrossrrrRrossrossbaker@austarnet.com.au.

To To All Political Leaders and othersTo All the Political Leaders.

Cc The Webmaster, One New Zealand Foundation Inc. www.onenzfoundation.co.nz