IN THE DISTRICT COURT AT MANUKAU

CRI-2006-092-014382

THE QUEEN

V

SHANE CHARLES WENZEL

TOGETHER WITH

EDWARD FRANCIS DOHERTY

IN AFFIDAVIT OF :Shane-Charles: Wenzel CONCERNING IN ILLEGITIMATE PROCESS OF LEGISLATING

IN AFFIRMATION ON DECEMBER AD2009

:Shane-Charles: Wenzelc/-Ngai-Tupango-Hapu-(Inc.)

15 Oakleigh Avenue, TakaniniTelephone (09) 624 4144 Facsimile (09) 299 9829

~001876

Te Tangata Whenua ) AsseverationTe Whare O Ngai Tupango )Kiripaka Te Marae )Whakarara Te Maunga )Nga Awa Wairere, Waiwhau, Waikoiti ) L.S. ____________________{SEAL}Te Hapu O Ngai Tupango ) Original Jurisdiction IHO MATE KORE 0-BC

Mataatua Waka me Te Mamari Waka ) 1835AD and 1840AD

Native District O Aotearoa )

Nei te hari tino hari nuiA te wa e tutaki ai

Hui atu tatou ropu katoaRunga te rangi nei

I, :Shane-Charles: Wenzel :Native-authority: earthling dba beneficiary to the

Original Jurisdiction of 1835AD and 1840AD, being of majority in age,

competent to testify, tangata whenua, a free man upon the land, let my yes be

yes, my no be no, do state that the truths and facts herein are of first hand

personal knowledge, true, correct, complete, certain, not misleading, so help

me Iho matua i te rangi.

Greetings to all whom this presentment may come.

I the Undersigned, :Shane-Charles: Wenzel known as Tane Rakau, by way of

this special appearance and special proceedings do affirm the following as

true, accurate, complete and not misleading:

1) In affiant is of legal age and competent to testify.

2) In affiant has first hand knowledge of the facts stated herein.

3) SHANE CHARLES WENZEL is the corporation entity accused in these

proceedings.

4) In affiant declares that there exists an;

In illegitimate process of legislating: (No Jurisdiction)

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Any legislation enforced by an organization State and any Judge / Court /

Tribunal / Appeal Authority / Review Committee / Manager or Case Manager /

Representative / Agent of such a State that enforces such rules of conduct,

whether past or present, Constitutes some kind of Legislation.

When a Judge / Court / Tribunal / Appeal Authority / Review Committee /

Manager or Case Manager / Representative / Agent makes a ruling on a

situation that has not been determined before, He/She/It is in excess of

His/hers/It’s faculty and therefore has no jurisdiction to presume to invent or

apply to my case a rule of conduct which has never been applied before.

In doing, the Judge / Court / Tribunal / Appeal Authority / Review Committee /

Manager or Case Manager / Representative / Agent has legislated without a

Mandate and without the benefit of Hapu debate and discussion (Tikanga).

The Judge / Court / Tribunal / Appeal Authority / Review Committee /

Manager or Case Manager / Representative / Agent does not have the power

to legislate; this can only be done through a Maori Governing Body.

The Judge / Court / Tribunal / Appeal Authority / Review Committee /

Manager or Case Manager / Representative / Agent is bound by Municipal

Laws and Usages. These are protected under Crown Protectorates.

I therefore challenge the jurisdiction of the Judges / Courts / Tribunals /

Appeal Authorities / Review Committees / Managers or Case Managers /

Representatives / Agents and this shall be defined as follows:

1) Maori Customary Law is based on the elements of the universe between

heaven and earth. It is guardianship over all things. The Whakapapa

relative to Maori is as follows:

2) Io Matua – Ko Rangitane, a ka moe ia I a Papatuanuku – a, ka puta mai a

Tangaroa (God of the sea) a Te Ra (God of the Sun), a Te Po (God of the

Dark) a Tawhitimatea (God of the Wind), a Tane Mahuta (God of the

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Forest), a ka moe ia I a Hinehuoneone, a, ka puta mai a Hine Titama, a,

ka puta mai hoki, Ko au, te Kaikorero (here I am, the speaker, Kaitiaki,

Tangata Whenua (owner/guardian) of the land. All those elements make

up who I am as guardian; I am Kaitiaki, by wisdom and Matauranga,

knowledge.

3) My Knowledge of the Waka in the Native Districts that is spoken of under

Protectorate Legislation, the Native Districts Regulations Act 1858.

4) And we are in accordance with the Queens, which she has put into place

as a protectorate, which is the Native Districts Regulations Act 1858. A

protectorate of our Native District over Lands which is unextinguished of

our Native Title, these are our Waka Districts.

5) The Native District Regulations Act derives from the Customary Law of

Occupation of Te Waka. The Waka District occupation.

6) Waka occupations are those spoken of and brought here by Kupe. The

name of his Waka was Te Mamari, which came from Hokianga Harbour

and out and around, down the West Coast of Aotearoa and around the

Island of Aotearoa, up the West Coast and back to the Hokianga at

Opononi and then home to Hawaiiki from Opononi.

7) The evidence of this is within his footprints in the sand dunes. Eight Waka

were brought over by his Mokopuna, Nuku Tawhiti to Hokianga Harbour.

Along with him came seven other Waka. Their names are:

Tainui, Te Arawa, Tokomaru, Mataatua, Kurahaupo, Horouta, Takitimu.

8) Each of those areas, are Native Districts. They still exist today and these

Native Districts have been and still are (although, not recognised

admissible Law in New Zealand) recognised by the British Crown of the

U.K under the Native District Regulations Act 1858 within those districts

today lies our own laws. Those laws are known and put into place on the

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Marae and are derived from the Declaration of Independence on the 28th

Day of October 1835 declaring this Nation or State and Dominion under

the Maori State.

9) The uniting in Article 1 is now depicted in the Municipal Law of Statue Law

in New Zealand today under Te Ture Whenua Maori/Maori Land Act

1993. Where Maori are still independent by way of now known Maori

Incorporation.

10) Article 2 depicts our Sovereignty, which is the soil of this Land of Aotearoa

and of the way in which it is to be governed and who it is to be governed

by and who appoints a Government.

11) Article 3 depicts the way in which and who makes the laws and regulates

the laws in this mighty nation, and we do that on the 28 th of October each

year from 1835 to today until the 6th February of each year. Up until the

10th of March each year is where our Government makes Laws.

12) Now Article 4 of that Declaration, is the acknowledgement of the British

Crown of our Flag of Independence, with the national flag receiving the 21

gun salute from HMS Alligator is acknowledgement by His Majesty King

William IV, and in return our Tupuna who signed the Declaration promised

to look after and care for those of the King Williams subjects who had

resorted to these shores for the purpose of trade and we have allowed it

and we still honour it.

13) Today, we still look to Him as our parent of our Infant State and within the

Legal realms, our Tupuna were looking towards a Trustee, more or less a

Protector of our infant State.

14) Following that Declaration being dispatched and received by the colonial

office, Lord Glenelg gave instruction to Major General Burke and in His

Majesty’s name they did not fail to avail the Chiefs protection as required.

This was One Standing Order. The other Standing Order was by Lord

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Normanby, giving instruction to Lt Governor Hobson of the intent of the

British Crown that the matters behind the Treaty of Waitangi meant No

Land to be sold. Governor Hobson was to proclaim before his British

subjects, a proclamation that, the Crown will not honour any title to land

that was not derived through the Crown by way of Crown Grant.

15) This proclamation was made public on the 29th of January 1840 by Lt

Governor Hobson. In those instruction and Standing Orders the

Sovereignty to the Soil was to be maintained.

16) This now corresponds with, Te Ture Maori Act 1993 under the retention of

Maori Land, in the hands of its owners, its Hapu, its Whanau and their

descendents under Part XIII and the use, development and control of the

Maori land under section 2 of Te Ture Whenua Act 1993.

17) The relevance of Section 2 of Te Ture Whenua Maori Act 1993 is that the

Laws made and that the defence here is aiming to defend self on this Act

within the Maori Incorporations.

18) There is a process of Law making in which Maori Incorporations do have

Jurisdiction to constitute their own mechanisms within the law which is

Mandatory and Statutory and which is also depicted in the Imperial Laws

Application Act 1988 under Section 5 and 6 where the Common Laws of

the United Kingdom forms part of the Laws of New Zealand.

19) Section 6 [supporting legislation]. One of those Common Law doctrines

noted where the relation to Maori Customary Law was referred to by Lord

Philmore in 1901, reference NZPCC 1, note Philmore, stated that: “Maori

Customary Law enjoyed Legal recognised status in European colonial

Court in NZ in the absence of any statue stating otherwise”.

20) That case was Heneti Rererire Arani vs Public Trust 1901. The other was

Lord Watson in a case of Nihara Tamaki vs Baker where his lordship

referred to numerous Statues and the Common Law and the Maori

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Customary Usage, “which is either known or discoverable by them by

evidence”.

21) He was unwilling to accept that the issue of a Crown Grant amounted to

the extinguishment of the Native title, and that the Crown lacked un-

reviewable power in relation to the Native Title.

22) The other was a case heard by Lord McNaughton in “Wills and the

Attorney General” and the Bishop of Wellington and the agreement with

the tribe for land to build a school.

23) Lord McNaughton on hearing such case said it was not for the Court to

determine what was agreed a breach of Trust, “that the Court was not an

instrument of executive power”, it was in this case for the Court of Appeal

to determine what a breach of trust was. This now exist under Te Ture

Whenua Maori Act under section 3, 4 Maori Customary values and

practises.

24) All of this Land within Aotearoa is still Maori Customary Land Deemed

Crown Land for Certain purposes.

25) Under section 144 of Te Ture Whenua Maori Act, it should be also noted

that the Act is a Protectorate Legislation for Maori and a subject to be

adopted by Maori, and under s144 of that Act, Lies the Land Act 1948

which has been and is repealed since 1995 at Waitangi by the national

hui held on Friday, the 28th October AD1994 and concluded, all debates

concluded on Monday, the 6th February AD1995, where the 1948 Land

Act had been repealed by the Maori Nation and Sovereigns of Right of

Aotearoa.

26) Section 268 subsection 3 of section 17 of Te Ture Whenua Maori

Amendment Act 1994 reads: “A Maori Incorporation made by special

resolution of the owners of the share holders alter, add to or replace its

constitution in accordance with the provision of this Act, meaning Te Ture

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Whenua Maori Act or any regulation made under this Act, made by the

Governor in Council, as much as to say that Maoridom may add to alter or

completely replace that Act or any regulations, or for that matter under

section 250 or section 253. Under that section 253 states: “Subject to this

Act and any enactment ...(i.e. the Animal Welfare Act, Crimes Act 1961,

Summary Proceedings Act 1957, Criminal Justice Act 1958 or the

General Law or Parliament and Maori Incorporation) ...has both within and

outside of New Zealand subject to its constitution, full capacity, and

discharge its obligation of the Trust to enter into any transaction, business

transaction for the purposes of that paragraph A of Section, full Rights,

Powers and Privileges”.

27) And under that section the Maori Incorporation have constituted their own

Courts and Tribunals.

28) We note that s349 of Te Ture Whenua Maori Act refers to the Declaratory

Judgement Act 1908 and under section 12 of the Declaratory Judgement

Act 1908 it reads:

“Subject to the decision of the Privy Council, the Court of Appeal shall serve as precedence in all Courts in New Zealand, and therefore there are three decisions on customary law inside and outside of New Zealand, under the Common Law of the United Kingdom”.

Constitution Act (U.K)

29) Of the numerous statues by Lord Hobson under the Royal Charter of

Westminster State:

“In cases arising between the native inhabitants of the same problem alone, the Courts and Magistrates shall uphold Maori customary usages, laws and customs aforesaid”.

30) Now under section 10 of the New Zealand Constitution Act 1846 if reflects

Article 2 of Te Tiriti O Waitangi, to the Governor of Maori, which states the

provisions of Maori laws and usages. It also depicts self Government of

Maori under Article 2 of Te Tiriti being maintained under districts to be set

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apart in which those laws, customs and usages have to be maintained,

that Her Majesty may have legislated under Her Seal, subject to any law

of England and enforceable into law or any laws and usages in New

Zealand.

31) The same section 10 of the New Zealand Constitution Act 1846 was

transferred later in 1852 when the government of New South Wales

residing in New Zealand, obtained for themselves a warrant from Her

Majesty the Queen for the Government of themselves.

32) Section 71 of the New Zealand Constitution Act 1852 is merely a

continuant of the New Zealand Constitution Act 1846 and Article 2 of Te

Tiriti O Waitangi and the continued Declaration of Independence 1835,

which is now continued under Te Ture Whenua Maori Act 1993, The

Crown Protectorate under our own, Te Ture Whenua Maori Incorporations

Constitution Regulations Act, enacted at Waitangi on Monday, the 6 th

February 1995.

33) That Act is also binding on the accused corporation entity in these

proceedings; SHANE CHARLES WENZEL. Again I command that I

:Shane-Charles: Wenzel :Native-authority: Tangata Whenua: :earthling,

have declared allegiance to :Ngai-Tupango-Hapu-(Inc.) constituted and

bound under the same Act, namely Te Ture Whenua Maori/Maori Land

Act 1993, along with every other Maori within this nation.

34) Also under section 5 of Te Ture Whenua Maori Act 1993 it states: “This

Act shall bind the Crown”.

35) By that mandate, a Maori Incorporation has enacted their own legislation,

also by mandate of their own Resolution passed at Waitangi.

36) Other statues are, besides those cited in this evidence are:

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a) The Native District Regulation Act 1858 No.4 which corresponds

with section 15(b) of Te Ture Whenua Maori Act 1993

b) The Native Circuits Courts Act 1858 No.5

37) And the Magistrates Court jurisdiction previously had Native Assessors

sitting with that Magistrate under section 2 of that Act. And where the

Maori Incorporation mandates are today come under section 32 of the

Act. They have been noted as the Native Assessors Court under that Act,

which has Criminal, Civil, and General jurisdiction over our people.

38) Under that Legislation Councils Act 1891, the Maori Peoples’ intended

position was to hold the Upper House of Government of Aotearoa.

39) In 1894 the Native Land Courts Act under Division Two or Part Two forms

the basis of the present day Maori Incorporation where the owners may

be incorporated.

40) These, Statues were referred to by Lord Watson in his finding. The

Common Law findings were Lord Blenheim, Lord Normanby, Justice

Martin, and Justice Chapman in the Symond’s case, and the overturning

of several cases by the Privy Council in Wi Parata should be noted.

1835 DECLARATION OF INDEPENDENCE: COMMON LAW DOCTRINE

Article 1 – Article 2 – Article 3 – Article 4

41) The Declaration of Independence Article 2 reads:

“All Sovereign Power and Authority within the Territories of the United Tribes of New Zealand is Hereby Declared To Reside Entirely And Exclusively In The Hereditary Chiefs And Heads Of Tribes in Their Collective Capacity, who also Declare That They Will Not Permit Any Legislative Authority Separate from themselves in their Collective Capacity to exist “nor” Any Function Of Government to be Exercised within the said Territories “Unless By Person Appointed By Them”, and Acting under the Authority of Laws Regularly Enacted by them in Congress Assembled”.

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42) It is from here that the Crown derived its power to Legislate Law under Te

Tiriti O Waitangi.

1840 TE TIRITI O WAITANGI – COMMON LAW DOCTRINE.

43) (Maori Version Shall Prevail), Trusteeship to Her Majesty Queen Victoria.

44) Te Tiriti O Waitangi enforces the Crown and its Government, the Privy

Council in Westminster Parliament, the right to Legislate Law in New

Zealand.

1846 NEW ZEALAND CONSTITUTION ACT (UK) SECTION 10.

WESTMINSTER STATUE; AND

1846 ROYAL CHARTER AND INSTRUCTION OF 1846, CHAPTER XIV .

45) The Magistrates and Courts in New Zealand are obliged to enforce Maori

Laws, Customs and Usages, respecting Tangata Whenua. (Crown

Protectorates).

46) Te Ture Whenua Maori Act 1993/95, and Maori Incorporation Constitution

Regulations Act 1994/95 (ss3, 253, 253A/93 and s268 (3) of Sec 17).

47) Maori Customs, Laws and Usages (of adoption) treated as enjoying

legally Recognised Status in Colonial Courts/Appeal Authorities and

Reviews “In the absence of any statue indicating otherwise”.

1852 NEW ZEALAND CONSTITUTION ACT (U.K) SECTION 71.

WESTMINSTER STATUE .

48) Parliament of New Zealand, received a warrant to the Government of

themselves (Not Tangata Whenua), and who are “subjects to” the Rules

set down by the Parliament of Westminster (UK), as provided in the New

Zealand Constitution Act 1852 (UK).

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1858 THE NATIVE CIRCUITS COURTS ACT. Part IV, No XXX

49) Civil, General, Land and Criminal Jurisdiction. (Crown Protectorate).

1858 THE NATIVE CIRCUIT COURTS ACT. Part V, No XXXI

50) Appointment and Jurisdiction of Native Assessors. (Crown Protectorate).

1931 STATUES OF WESTMINSTER ACT, Section 8 (Crown Protectorate )

51) No authority to alter or repeal the Constitution of a Dominium “….. as

adopted by the NZ Parliament in the Statue of Westminster Adoption Act

1947. However that “Act” provided that the NZ Parliament could make Full

laws for themselves without the assistance from Westminster Parliament.

1988 IMPERIAL LAWS APPLICATIONS ACT (Crown Protectorate)

52) Was enacted and reverted all New Zealand Colonial Laws back to the

Common Laws of England Maori Customary Law is part of the Law of the

UK Laws. The Imperial Laws Application Act 1988 had to be adopted by

the New Zealand Parliament due to the actions of Sir Geoffrey Palmer in

1986, which left this country with no Constitution and no legal authority to

enforce laws over Tangata Whenua.

1993/95 Te Ture Whenua Maori/Maori Land Act ss4, 5, 12

53) Section 4; Tikanga

54) Section 5; This “Act” Shall bind the Crown of Westminster Parliament

(UK)

55) Section 12; “and whereas pursuant to the provision of section 7 of the

District Courts Regulation Act 1947 (“removal from tenure of office for

inability and misbehaviour”)”.

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1995, Te Ture Whenua Maori Incorporation Constitution Regulation Act

clauses 4: sub clause 1 (a) (b) (h)

56) Ngai Tupango Hapu Incorporation jurisdiction to Regulate and Legislate

Maori Laws, Customs and Usages.

57) This affidavit is not an attack on jurisdiction. It is rather a challenge on

jurisdiction pertaining to Maori Incorporation and the presumed authority

the Municipal Law has taken over Tangata Whenua Customs, Laws and

Usages. As evidence reveals is a legal opportunity for Maori to administer

their own affairs.

58) Municipal Laws have no jurisdiction over international Statues and the

Common Law Doctrines.

59) The above named International Statues of Law and the Common Law

Doctrines of the British Crown of the United Kingdom pursuant to the

provision of the 1835 Declaration of Independence, form the basis of

present day Maori Incorporation, with the first being Mangatu Block

Incorporation.

60) All matters taken into account vividly reveals the extent of the jurisdiction

of a Maori Incorporation as an autonomous, Statutory and Mandatory

Representative of Maori, that is Protected by the British Crown,

Westminster (UK) and the Privy Council of the United Kingdom (God save

the Queen) under International Statues of Law and the Common Law

which cannot be repealed by any Act of the Parliament of New Zealand.

61) This leaving Maori undoubtedly as the Internal Sovereigns of the Nation of

New Zealand, with the External Sovereign of Protection of Maori Rights

being the British Crown of the United Kingdom, with it’s legal Sovereign

Powers vested in the Governor General under Section 44 of the

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Constitution Act 1852 (UK) to prorogue or dissolve its constituents

Parliament, House of Representatives in New Zealand.

The New Zealand Constitution Act 1986

(NZ Parliament removed all rights to govern them selves when they

repealed the1852 NZ Constitution Act).

62) The Municipal Laws that govern the Jurisdiction are ineffective to Tangata

Whenua, whom I am.

63) The judicial system waived all rights they had to frame and administer

Laws in 1986 when Geoffrey Palmer repealed the 1852 New Zealand

Constitution Act (UK). However, Ngai Tupango Hapu Incorporation has

jurisdiction to have matters heard on a marae.

re: Gazette No. 172 . 4309.

64) Incorporation Under Part XIII of Te Ture Whenua Maori Act 1993/95, a

Maori Incorporation has a unique, historical foundation that features

second to none in Municipal New Zealand Legislative Law, in that the

foundations in which a Maori Incorporation is based upon are the 1835

Declaration of Independence, International Statues and the Common Law

Doctrines of the British Crown residing in its Imperial Parliament of

Westminster and the Privy Council of the United Kingdom.

CONCLUSION

65) I now re-iterate my statement, a Judge / Court / Tribunal / Appeal

Authority / Review Committee / Manager or Case Manager /

Representative / Agent has no jurisdiction to make any decision and

especially any judgment over me :Shane-Charles: Wenzel :Native-

authority:, earthling and this case at hand. Therefore the only alternative

is for this case to be heard on the Takanini Marae where all cases

pertaining to Tangata Whenua Customs, Law and Useage at Tangata

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Whenua level shall prevail before our Native Justice’s of the Peace and

the native Tribunal Assessors Registry (Te paepae).

66) I have available the Orders of Incorporation of the Nga-Uri-O-Tupoto-

(Inc.), which has the imprint of The Seal upon it. Bonded (annexed) and

marked with the letter A.

67) This case can either be referred to the Marae or dismissed. Which ever

YOU have determined does not exclude the FACT that this Judge /

Court / Tribunal / Appeal Authority / Review Committee / Manager or

Case Manager / Representative / Agent has no jurisdiction complete

(absolute).

Further, in affiant saith not, dated on _________________ the

___________________ day of the Month of December, in the year of Iho,

Two Thousand and Nine, Mataatua Waka me Te Mamari Waka Native

Districts.

L.S. ____________________{SEAL}:Shane-Charles: Wenzel

Whakapono Me Te Whakatika Ki Te Korero Nei

JURAT

ss: In affirm before me, by the above named party, appeared and in affirm as

true, correct, complete and not misleading, the contents herein at

__________________________ on ______________________ this

_____________ day of ______________________ AD2009

Before me )

)_____________________

Solicitor, Barrister of the High Court,

Registrar, Justice of the Peace

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