Thank you for a sane and informative take on this story, Alex. While I was pleased to see exoneration for the name of a man who would seem to have been a victim of an extreme targeted witch hunt in the 1990s, I had reservations about judges adding 19th century concepts into the law in order to reach that decision. A rational investigation looking into what Maori tikanga and Pakeha tikanga have in common would probably find that both value systems support very similar outcomes - "the right thing to do" in a civilized society. Unadulterated law would have been enough to clear Ellis' name.
As for individual judges compromising law and order to seek fame in posterity? Shame on them!
I cannot go into detail, but the file is voluminous.
When a full bench of the Supreme Court unanimously decides that a Maori is not in peaceful possession of ancestral land that still belongs to the Maori owners, then that Supreme Court is failing to acknowledge the foundation of its own legitimacy.
Even the Privy Council has established well-settled principle that the Treaty is unenforceable unless incorporated into municipal statute. Municipal statute did not exist in 1840 when Hobson gazetted his proclamations.
We therefore revert to He Whakaputanga which prohibits anybody creating law apart from the indigenous peoples of our country.
A proclamation nullifying the Treaty was sent to the British Queen last year.
We indeed have a constitutional crisis on our hands!!
As the party wronged, Phil Taueki has already signed a provisional constitution that will replace the Treaty which has recently been proved to be worthless.
Follpwing public consultation, the final version will be signed at Lake Horowhenua on 28 October 2023. A key word will be 'united governance'.
Thanks also. I was in the Supreme Court for this hearing, because Dr Karen Zelas had also been an expert witness in a case I documented, one that ultimately came to the attention of the Privy Council.
A decade ago, I had prepared a successful application for leave to appeal to the Supreme Court because 'peaceable possession' required definition under the unique circumstances of the Treaty of Waitangi. Dr Gerard McCoy QC offered to argue this appeal before a full bench.
In a decision that was unanimous, the Treaty was never mentioned, not once!
Last year, we challenged the Supreme Court to identify the foundation of the British Monarchy's sovereignty to govern our country. They refused to do so.
This has huge constitutional implications.
No longer can any court establish the legitimacy of the law, the lawmakers or the judiciary.
Thank you for a sane and informative take on this story, Alex. While I was pleased to see exoneration for the name of a man who would seem to have been a victim of an extreme targeted witch hunt in the 1990s, I had reservations about judges adding 19th century concepts into the law in order to reach that decision. A rational investigation looking into what Maori tikanga and Pakeha tikanga have in common would probably find that both value systems support very similar outcomes - "the right thing to do" in a civilized society. Unadulterated law would have been enough to clear Ellis' name.
As for individual judges compromising law and order to seek fame in posterity? Shame on them!
Thank you for this. A worthwhile reflection that provides much more information and nuance than the mainstream press reports did.
Yes, I do mean that.
I cannot go into detail, but the file is voluminous.
When a full bench of the Supreme Court unanimously decides that a Maori is not in peaceful possession of ancestral land that still belongs to the Maori owners, then that Supreme Court is failing to acknowledge the foundation of its own legitimacy.
Even the Privy Council has established well-settled principle that the Treaty is unenforceable unless incorporated into municipal statute. Municipal statute did not exist in 1840 when Hobson gazetted his proclamations.
We therefore revert to He Whakaputanga which prohibits anybody creating law apart from the indigenous peoples of our country.
A proclamation nullifying the Treaty was sent to the British Queen last year.
We indeed have a constitutional crisis on our hands!!
As the party wronged, Phil Taueki has already signed a provisional constitution that will replace the Treaty which has recently been proved to be worthless.
Follpwing public consultation, the final version will be signed at Lake Horowhenua on 28 October 2023. A key word will be 'united governance'.
I would appreciate your feedback ...
Thanks also. I was in the Supreme Court for this hearing, because Dr Karen Zelas had also been an expert witness in a case I documented, one that ultimately came to the attention of the Privy Council.
A decade ago, I had prepared a successful application for leave to appeal to the Supreme Court because 'peaceable possession' required definition under the unique circumstances of the Treaty of Waitangi. Dr Gerard McCoy QC offered to argue this appeal before a full bench.
In a decision that was unanimous, the Treaty was never mentioned, not once!
Last year, we challenged the Supreme Court to identify the foundation of the British Monarchy's sovereignty to govern our country. They refused to do so.
This has huge constitutional implications.
No longer can any court establish the legitimacy of the law, the lawmakers or the judiciary.
Only tikanga is left.