ONE NEW ZEALAND FOUNDATION INC
P.O. Box 1 Awanui, Northland, New Zealand. www.onenzfoundation.co.nz
To: All Political Party Leaders and other interested parties.
The Deed between Te Roroa and the Crown,
shows no reserves for them!!
I have just found that the "original" legal
Deed of Conveyance between Tiopira Kinaki, Parore te Awha and
the Crown was available to the Crown and
the Waitangi Tribunal in 1989. (Mr David Coqulhoun's report, A2
page 718 - 721). It was thought this document was
missing. See copy of Deed below.
It seems very little, if any consideration was given to the legal Deed of Conveyance
before the Crown Counsel agreed to the "Agreed Statement of Fact"
in 1990, which gave the Waitangi Tribunal no other option than to find in the
claimants favour in their report/recommendation two years later (1992).
In fact, the Deed of Conveyance is not even mentioned in the "Agreed
Statement of Fact"!!!
See www.knowledge-basket.co.nz/oldwaitangi/text/wai38/app4_01.
This Deed of Conveyance is a legal document showing Maunganui was sold legally
to the Crown in its entirety in 1876, except for one reserve
Taharoa for Parore. To over-rule this Deed of Conveyance, a legal
document or documents must be produced showing it was in error. To date, not
one
legal document has been produced by the Crown, the claimants
or the Waitangi Tribunal - not one!!
If this is allowed to proceed, then our whole legal system
is in jeopardy, not one title would be safe in New Zealand. The British Government
after 1840, made sure that every square inch of New Zealand was issued with
a legal title. Maunganui was
no exception!!!
The facts are:
1. Maunganui was issued with a legal title on 3 February1876.
2. Tiopira legally sold his titled share of Maunganui to the
Crown on the 5 February 1876 with a legal Deed of Conveyance
and without any reserves.
3. Between the 5 February 1876 and the 8 February 1876 the Crown and Parore
legally shared ownership of Maunganui.
4. Parore legally sold his titled share of Maunganui to the
Crown on the 8 February 1876 with a legal Deed of Conveyance
showing one reserve, Taharoa.
The Crown now legally owned the entire Maunganui block less
one reserve, Taharoa
5. There was no mention made of Manuwhetai or Whangaiariki before,
during or after the sale by either Tiopira or Parore.
6. There was no mention of Manuwhetai or Whangaiariki in the Deed of
Conveyance for Maunganui, only Taharoa.
7. The Trust Commissioner of the "Native Land Fraud Prevention
Act 1876" was completely satisfied with his inquiry into
this legal sale.
8. There was no mention made of Manuwhetai and Whangaiariki at the
Improper Sale Inquiry held one month after the sale.
9. The Gazette Notice for Maunganui was published on the 7 September 1876 showing
only one reserve Taharoa.
10. In the 1939 Inquiry, Chief Judge Shepherd found, after further investigation,
plan ML3297/8 showing Manuwhetai and Whangaiariki, was not a legally
certified plan and formed no part of the 1876 sale of Maunganui to the Crown.
11. Printed on the plan ML 3297/8, "Included in Maunganui.
Proclaimed wastes land of the Crown. Vide NZ Gazette 7th Sept 1876 p 623"
.
12. This land has since been legally sold many times, all with
Crown legal titles being issued.
13. Mr Titford purchased his properties at Maunganui in 1986 with Crown legal
titles being issued.
14. The Government acquired Mr Titford's properties by illegally
"tampering with" the documents, then de-registering
the titles.
15. The Ombudsman found in her investigation, Crown officials or its agents
had deliberately removed memorandums and an attachment from the Sale
Agreement after Mr Titford had
signed them in Tasmania and the Crown's appointed, instructed and paid Notary
Public lawyer Mr Sam Samec had
witnessed them but before the Commissioner of Crown Lands, Mr Sam Brown had
executed them. This legally makes the Sale
Agreement and
transfer of titles/de-registration to the Crown, null and void.
16. The Crown also breached the 1948 Land Act and the 1993 Treaty of Waitangi
Amendment Act to acquire Mr Titford's properties.
17. The Crown must immediately re-state Mr Titford's legal
titles to his properties.
The only way this Deed of Conveyance can be over-ruled, is by documented evidence
that Manuwhetai and Whangaiariki were to be cut out of the sale, something the
Crown, the Waitangi Tribunal or Te Roroa have been unable to produce for the
simple fact, there is none!!
The Deed of Conveyance below, shows Te Roroa LEGALLY
sold their entire ownership of Maunganui to the Crown on the 8 February 1876.
It is rumoured on good authority, the Government is trying
to get numbers to push the Te Roroa Settlement Bill though Parliament.
Parliament is there to make the Law, enforce
the Law, not break the Law.
The Government/Crown is not above the Law and Parliament should not be used
by Government to over-rule the Laws Parliament makes.
Ross Baker.
Researcher, One New Zealand Foundation Inc. 22/5/2008
Deed of Conveyance between Tiopira Kinaki, Parore te Awha and the Crown. To see this document at high resolution CLICK HERE
