What Is The Settlement Agreement?

The term “Settlement Agreement”, when used within this website, is our definition to describe “Te Tiriti O Waitangi 1840”. It is the terms and conditions on which His Majesty’s subjects are permitted to settle in Nu Tireni, and the agreed upon conditions in exchange.

As far as The Constitutional Order is concerned, the Settlers Agreement is the second Act of State, deriving any authority it has from the first Act of State, the “He Whakaputanga O Nga Rangatira O Nga Hapu O Nu Tireni 1835” – The Proclamation of Sovereignty.

 

the settlement agreement

The Settlement Agreement


TE TIRITI O WAITANGI 1840

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The Proclamation of Sovereignty


The term “Proclamation of Sovereignty” is used throughout this website as our definition  to describe the He Whakaputanga O Nga Rangatira O Nga Hapu O Nu Tireni 1835. Where many use the definition “Declaration of Independence”, (including many Native Councils), the designation used within this website is “Proclamation of Sovereignty”, recognising that the He Whakaputanga established, BY PROCLAMATION, the SOVEREIGNTY of Nga Hapu O Nu Tireni and not Independence.

Regardless of the definition one would use, in either case, we are talking about the He Whakaputanga O Nga Rangatira O Nga Hapu O Nu Tireni 1835.

tetahi hapu o nu tireni


HE WHAKAPUTANGA O NGA RANGATIRA O NU TIRENI 1835

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What is an authenticated Hapu?

An authenticated Hapu is a Hapu which has been verified as completing the authentication process. It has completed the six stages of authentication, including assenting to the He Whakaputanga O Nga Rangatira O Nga Hapu O Nu Tireni 1835 and Te Tiriti O Waitangi 1840.

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What is the Hapu hui process?

There is no definitive process on how to run Hapu hui, as it all comes down to kawa and tikanga, so all we can do is offer a guideline that will assist in keeping the order of the hui in line with constitutional process.


Firstly, the Hapu needs to decide whether they will accept the matter or not.

Matters could include:

        • Settler demands upon the whanau
        • Breaches of whenua protocols
        • Charges upon whanau members

If the Hapu accepts the matter, they can proceed with tending to the matter.

The Hapu calls a hui and the matter is discussed. Everything about the discussion should come under kawa and tikanga. (Please be aware that we have been condition so well that we may not realise we are conditioned and may start applying the tauiwi laws when speaking in our hui).

Bringing in tauiwi laws and rules would be a breach our kawa and tikanga and render the matter invalid of the Native Council process.

As the hui progresses, the selected administrators sit in on the hui and record the discussion. The main points the administrators are looking for are:

      • Hapu determinations
      • Hapu resolutions

For each determination, there must be a resolution.

At the conclusion of the hui, the Hapu should have arrived at a overall determination such as: ” The Hapu has determined that – the member in this matter has breached tikanga unknowingly” and also an overall resolution such as: “The Hapu has put in place resolutions for the remedy of the member and the matter situation”.

The Hapu process is over. It is now up to the administrators record the Hapu hui and print up relevant documents if required. The Native Council process can now be applied.

Summary

      1. Decide if the Hapu accepts to hear the matter
      2. Discuss the matter under kawa and tikanga
      3. Make determinations on the matter
      4. Make resolutions on the determinations
      5. Record the hui outcome/s

 

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What is The Native Council process?

The Native Council process is the process performed by The Native Council that we will discuss shortly. The Native Council is simply the administration body of The Hapu. It simply records the Hapu decisions, (their determinations and resolutions) into Order. It generates any required paperwork that will bring the Hapu Order into the Constitutional Order, and under the protection of Constitutional Law.

So, logically, The Native Council is the secondary authority to The Hapu. It is the “Hapu Process” that is the foundation to our authority, however, we will discuss The Native Council process below.

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Who is The Crown?

The Crown is an ambiguous title that can be easily misappropriated intentionally or otherwise. 

For the purposes of Maori Customary Law, The Crown is the Royal Head of The British Empire. In 1835, The Crown was King William IV. In 1840, The Crown was Queen Victoria I. Currently The Crown is Queen Elizabeth II.

At no point do we recognise the settler immigrant parliament as The Crown nor a representative of The Crown. Nor do we recognise the courts as The Crown. In order to fulfil the documents, we recognise only The Royal Head of The British Empire and no subject of Her Majesty, regardless of rank, (High Court Judge, Governor General, etc) may make comment on the lawful designation of The Crown, for they are subject to The Crown AND The Constitutional Order of Nu Tireni.

It is only the 2 parties (The Royal Head of The British Empire & Nga Rangatira O Nga Hapu O Nu Tireni) parley to the designation of The Crown.


Are the Government and the Crown the same thing? – video below.


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What is The Sovereigns Court?

 

  In its simplest form, The Sovereigns Court is the executive authority division of Te Whakaminenga, that is activated when the need to preserve Maori Customary Law and the Constitutional Order is required. It is the executive body that executes  Maori Customary Law to protect the interests of Hapu in their pursuit of Self-Determination.

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What is The Constitutional Order?

The Constitutional Order is, our established constitutional documents set into order, for the purpose of giving Hapu a foundation under which we can exercise our kawa and tikanga under a lawful state of application.

The Constitutional Order comprises of:

    • The Proclamation Of Sovereignty 1835
    • The Settlers Agreement 1840
    • The Hapu Constitution (the year the Hapu is established)
    • The Statutory Declaration 2021

The documents have been published here in English for clarity of understanding of our interpretation of the purpose of the documents

Under these documents and articles therein, we acknowledge our Constitutional Order, the statutes under which we agree to operate our constitutionally authorised existence.

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