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Ross Baker

Ross Baker, Researcher, One New Zealand Foundation Inc.


There is far more to our history than the Treaty of Waitangi.

On the first page of Claudia Orange’s 1987 book, “The Treaty of Waitangi” is written, “Claudia Orange offers new interpretations of the Treaty in New Zealand History from 1840 to the present day”.

The problem is, they are her interpretations of the Treaty of Waitangi only and overlooks many of the vital events in New Zealand between 1840 and 1841. Most of our “professional historians and researchers”, including Claudia Orange have failed to venture further afield to find the Treaty of Waitangi did not make New Zealand into an independent British Colony under one flag and one law.

Queen Victoria’s Royal Charters/Letters Patent – Sovereignty by the Law Nations.

Six days before the Tiriti o Waitangi received its first signature/mark, Britain had claimed sovereignty over New Zealand by the Law of Nations. This was achieved by a beautifully prepared, written and presented Royal Charter/Letters Patent dated the 30 July 1839 issued by, “Victoria by the Grace of God” under “The Great Seal of the United Kingdom of Great Britain and Ireland”. New Zealand came under the laws and dependency of New South Wales on the 30 January 1840 with the Governor of New South Wales, Sir George Gipps the first Governor of New Zealand and Captain William Hobson, his Lieutenant Governor to New Zealand.

The Declaration of Independence – A complete failure!

British Resident, James Busby had tried to get the chiefs to claim sovereignty over New Zealand by the 1835 Declaration of Independence. It stated the chiefs were to meet annually to form a united government to bring peace and trade between the tribes and settlers, but due to the ever-present intertribal fighting, it was abandoned 12 months later without one meeting taking place. The Declaration of Independence was a complete failure as the chiefs were not interested in forming a united government with a “Head of State” to claim sovereignty over New Zealand.

Treaty of Waitangi - Hardly a Founding Document.

Dame Claudia Orange and her other “professional historians/researchers” tell the people of New Zealand the Treaty of Waitangi was our Founding Document, when in fact, it was scribbled on a piece of paper by a sea captain, translated into a primitive language that continually changes depending on how many dollars can be extract from the taxpayers and then, transcribed onto a piece of dog skin that was later damaged by fire and rats. Hardly a Founding Document!

The Treaty only cleared up the sovereignty Lord Normanby thought the tribes may have had over their everchanging territories that they had not already sold before the Treaty was signed. The Treaty of Waitangi was never intended to cede sovereignty as there was no sovereignty to cede, be our Founding Document or “A Partnership between Maori and the Crown”.

Tangata Maori gave up their kawanatanga/governments to become British Subjects.

Once the sovereignty issue had been solved, over 500 tangata Maori chiefs agreed to give up their kawanatanga/governments to the Queen and in return; the majority of tangata Maori became British subjects with, “The same rights as the people of England”. No more – No less! English law does not allow a British subject to be, “In partnership with the Crown”.

British Sovereignty over New Zealand was announced on the 2 October 1840 in the London Gazette and has never been challenged by any other country or Nation.

Queen Victoria’s 1840 Royal Charter/Letters Patent – Our true Founding Document.

One month later, on the 16 November 1840 another beautifully prepared, written and presented Royal Charter/Letters Patent was issues by “Victoria by the Grace of God” under “The Great Seal of the United Kingdom of Great Britain and Ireland” that separated New Zealand from New South Wales. Lt. Governor Hobson became the second Governor of New Zealand on the 3 May 1841.

This Royal Charter/Letters Patent made New Zealand into an independent British Colony on the 3 May 1840 with its first Constitution that set up New Zealand’s first government to make laws with courts and judges to enforce those laws under one flag and one law, irrespective of race colour and creed.




The professional historian/researchers mislead the Government and the People of New Zealand.

Very few “professional” historians/researchers, including Dame Claudia Orange have ever researched or published this vital part of our true history as they make no mention of it in any of their many books on New Zealand history. This has allowed the Treaty of Waitangi to be taken as our Founding Document by Governments, when in fact, it founded nothing except to clear up Lord Normanby’s misunderstanding of tangata Maori having sovereignty over New Zealand and made tangata Maori, “British subjects with the same rights as the people of England”.

As past historians have created a lot of damage to New Zealand with their “lazy research”, it’s time they apologised to the people of New Zealand and brought their research up to date.

Governments uses “lazy research” to defraud the taxpayers.

Their “lazy research” has been used by governments since the 1975 Treaty of Waitangi Act to allow breaches against the Treaty, but any breaches can only be against the laws of New Zealand as the Treaty had nothing to do with setting up our political, legal or justice systems. All claims by Maori should be heard in our Courts where the claimants can be cross-examined and not the apartheid Waitangi Tribunal where verbal evidence takes precedence over documented evidence.

Government hides Royal Charters/Letters Patent.

Government has now supported this “lazy research” by dismantling our Constitution Room at Archives New Zealand on the 17 April 2017 and has filed/hidden Queen Victoria’s Royal Charters/Letters Patent of 1839 and 1840 in Archive’s Repository, where they must now be ordered if future researchers want to research our true history, that is, if they know Queen Victoria’s Royal Charters/Letters Patent exist.

The most corrupt act ever forced on the People of New Zealand by any government

This would be the most corrupt act ever forced on the people of New Zealand by any government, but our so called “professional historians/researches” such as Claudia Orange have either deliberately misled the Government and people of New Zealand or have been too lazy to research our true history which must include Queen Victoria’s Royal Charters/Letters Patent, our true Founding Documents and first Constitution.

I hope this clears up any misunderstanding of New Zealand’s true history. There is far more to it than that researched and written by Dame Claudia Orange and the so called “professional historians and researchers”. They have a lot to answer for, but will they do it?

Prepared by Ross Baker, Researcher, One New Zealand Foundation Inc. 30 August 2018. Copyright.

For documented evidence of the above: www.onenzfoundation.co.nz or ONZF@bigpond.com.au.


Archives New Zealand Hides Our True Founding Documents


On the 30 April 2012 Cabinet agreed to the proposal to move the Constitution Room at Archives New Zealand to a $6.731 million refurbished National Library, Wellington. While there was mention that the Treaty of Waitangi would be placed on permanent display, there was no mention that other documents held in the Constitution Room would not be moved as well. See copy of Cabinet Minute, CAB Min. (12) 14/11 page 3.

On the 17 April 2017, Archives New Zealand decided to only move the Declaration of Independence, the Treaty of Waitangi and the Women’s Suffrage Petition to the taxpayer funded $7.2 million refurbished National Library’s He Tohu (The signing) Exhibition, stating they were, “Iconic constitutional documents that shaped Aotearoa New Zealand”. Chief Archivist, Marilyn Little stating there was not enough room to hold the other documents. It seems unreasonable that a refurbished room that cost the taxpayer’s $7.2 million would only hold three documents. See letter from Chief Archivist Marilyn Little page 4.

The Declaration of Independence was a failed attempt by James Busby to get tangata Maori sovereignty recognised over New Zealand but with the ever-present tension and inter-tribal fighting between the tribes, he could only get 52 chiefs to sign it and it was abandoned without one meeting taking place. The Declaration of Independence did not shape New Zealand and was not a constitutional document.

The Treaty of Waitangi asked tangata Maori, if they gave up their kawanatanga/government to the Queen they would become British Subjects, “With the same rights as the people of England”. Over 500 chief representing about 70,000 tangata Maori agreed to this agreement in 1840.

Chief Justice Sir James Prendergast ruled the Treaty of Waitangi was, “A simple nullity” in 1877 and the Privy Council ruled, “If it was not in our legislation, the Treaty of Waitangi was not legally binding” in 1941. Both these rulings have never been over-ruled. The Treaty of Waitangi did not shape New Zealand and was not a constitutional document.

The Women’s Suffrage Petition gave women the vote, but it did not shape New Zealand and was not a constitutional document.

New Zealand’s true Constitutional documents that shaped New Zealand were the Royal Charters/Letters Patent of 1839 and 1840, issued by, “Victoria by the Grace of God”, under “The Great Seal of the United Kingdom of Great Britain and Ireland”. Both these documents have now been placed out of sight from the public in Archive New Zealand’s Repository amongst the other 6 million documents. The Royal Charters must now be ordered if future researchers want to research them, that is, if they know they exist. See Royal Charters page 5.

Recent research has shown Queen Victoria’s Royal Charter/Letters Patent of 1939 placed New Zealand under the dependency and laws of New South Wales with Governor Gipps as New Zealand first Governor and Captain Hobson as New Zealand Lt. Governor. For New Zealand to become under the laws and dependency of New South Wales sovereignty was gained under the, “Law of Nations”. Chief Justice Sir James Prendergast’s ruling in 1877.

Queen Victoria’s Royal Charter/Letters Patent of 1840 separated New Zealand from New South Wales and made New Zealand into a British Colony with its own Governor, Governor Hobson and a Constitution that set up New Zealand’s political, legal and justice systems under one flag and one law, irrespective of race colour or creed. See Constitutional Charter of New Zealand page 6.

From the attached disk from the Chief Activist at Archives New Zealand, they cannot deny Queen Victoria’s Royal Charter/Letters Patent dated the 16 November 1840 was not the Constitution of the Colony of New Zealand into a separate Colony. See disk page 9.

I ask that the Ombudsman’s Office to investigate why Archives New Zealand did not place Queen Victoria’s Royal Charters of 1839 and 1840; the documents that shaped New Zealand, in the $7.2 million He Tohu Exhibition at the National Library, Wellington.

These are our true Founding Documents and first Constitution and must be on constant display for all the people of New Zealand and visitors to the Nation Library in Wellington to view. Archives New Zealand had no right to file/hide these documents out of the public’s view as they belong to all the people of New Zealand.

All the above information can be supported with documentation obtained under the Official Information Act, Archives New Zealand, letters from Ministers and Government Departments etc.

Researched by Ross Baker, One New Zealand Foundation Inc. 20/10/2018. Copyright.

For further information: www.onenzfoundation.co.nz or Email: ONZF@bigpond.com.au

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