ONE NEW ZEALAND FOUNDATION INC
P. O. Box 1, Awanui, Northland, New Zealand. www.onenzfoundation.co.nz

9 July 2008.

Email, rossbaker@austarnet.com.au

Dr David Collins, QC,
Solicitor General,
Crown Law Office,
P.O.Box 2858,
Wellington,
New Zealand.

Dear Sir,

Re; The Acquisition of Mr Allan Titford’s property at Maunganui Bluff, Northland.
Your Ref: SOL115/809

Attached, please find the latest article to all Members of Parliament.

As the Crown Law Office was fully involved in the Sale and the drawing up of the documents, the Solicitor General must hold a Judicial Review/Public Inquiry into, "The clerical error or errors in the handling of the documents at the time".

The Ombudsman's investigation found,

1. “I can only conclude, therefore, that for whatever reason, Mr Samec did not transmit the memorandum to the Crown Law Office, or make any reference to it. It is not appropriate for me to speculate upon why that may have been so, and I do not propose to do so”.

2. “It may well be that the memorandum was not initialled by Mr Brown, or perhaps even seen by him, because it was not regarded as being part of the formal Agreement. The Crown’s officials perhaps did not consider it appropriate for it to be authenticated as part of the agreement in view of the comments at the end of the document. For the documents to have been initialled might have suggested agreement with the views you had stated”.

From the Ombudsman's investigation, these were not “clerical errors”; they were “deliberate” removal of memorandums and attachments, " because it was not regarded as being part of the formal Agreement. The Crown’s officials perhaps did not consider it appropriate to be authenticated as part of the agreement". The Crown had no right to “tamper with” the documents after Mr Titford had signed them and had them witnessed!!!!

The attachment that was removed by the Crown’s officials stated, Mr Titford sold his properties “under duress”. The Ombudsman investigation found, “From my Officer’s perusal of a substantial number of files held by the Office of Treaty Settlements and by the Crown Law Office, there is no doubt that Mr Titford had, rightly or wrongly, a sense of grievance about the sale of his farm. He held the view he was pushed into the sale without justification”.

Interesting to note, the Minister in Charge of Treaty Negotiation, Hon Doug Graham states in his memorandum to Cabinet dated the 4/12/95, “achieving assurances that the settlement is full and final and were not being signed under duress”. The Crown’s officials deliberately removed the memorandum because it showed, “at the end of the document”; Mr Titford was signing “under duress”.

Duress in the context of contract law is a common law defense, which rescinds a contract. The Ombudsman found, “Mr Titford was pushed into the sale without justification”. Mr Titford sold his farm “under duress”, therefore rescinds the contract!!!

Sir, to "tamper with" such a document by removing memorandums and an attachment after it had been signed by Mr Titford and witnessed by Mr Same, Notary Public lawyer but before the Commissioner of Crown Lands, Mr Sam Brown had witnessed it on behalf of Her Majesty the Queen, was illegal and made the documents Mr Titford signed, null and void!

I am sure Her Majesty the Queen would be horrified if She knew this is how She acquired Mr Titford’s properties for a Maori land claim the Crown does not have one document to support it. The Deed of Conveyance shows this land was bought legally and morally in 1876, more than can be said for the purchase from Mr Titford in 1995!!!

Sir, while the Minister’s continue to cover up the “tampering with” Mr Titford’s documents, it will never go away. It is not only on our website but is now spread all over the world on many websites for the whole world to see and I am sure is doing little for New Zealand's reputation. To deny the people a Judicial Review/Public Inquiry just adds to the corruption and continues to destroy New Zealand’s reputation worldwide.

As Solicitor General, you have a duty to the people of New Zealand to hold a Judicial Review/Public Inquiry into the acquisition of Mr Allan Titford’s properties. The documents and the Ombudsman’s investigations show the documents were “tampered with” after they were signed and witnessed by Mr Titford and Mr Samec. To have this brought to your attention and do nothing; makes you just as guilty of corruption as the rest!!!

We await your reply.

Yours sincerely,

Ross Baker.

Researcher, One New Zealand Foundation Inc.

cc Prime Minister, Rt Hon Helen Clark
Minister in Charge of Treaty Negotiations, Hon Michael Cullen
To all Members of Parliament.

Enc; Te Roroa Bill is Corrupt.

Hard copy to follow by post.

This letter will appear on our website, www.onenzfoundation.co.nz.