1

Soraya Stender

11 Stanley Rd

Gisborne

To: The Register, Waitangi Tribunal

P.O. Box 5022

Wellington

IN THE MATTER OFTe Tiriti o Waitangi 1840

AND

IN THE MATTER OFThe Treaty of Waitangi Act 1975

CONCERNINGThe Ministry of Justice and Incarceration.

DATED 26 of November 2004

1. The Claimant

1.1Soraya Karawhata Stender (Crawford)

1.2Is a direct descendant of Ruawaipu

1.3For and on behalf of the whanau – hapu of Ruawaipu (traditional tribe of Aotearoa-New Zealand).

2The Claim: The Cause of Action

2.1 The Claimant states that this matter falls within one or more of the matters referred to in Section 6 (1) of the Treaty of Waitangi Act 1975 namely:

2.2 That she is tangata whenua (Maori)

2.3 That Ruawaipu have been and continue to be or a likely to be prejudicially affected by the various Acts, and other Laws and by various policies, practices and omissions adopted by, or on behalf of the Crown, their agents or their successors.

2.4 That the aforementioned prejudices are inconsistent with Articles I, II and III of Te Tiriti o Waitangi, and its principles, by way of the Crown failing to protect the tino rangatiratanga over the land belonging to Ruawaipu within their territory.

3By Way of Background

3.1The Magna Carta 1215, Bill of Rights 1688, Habeas Corpus 1679, Act 57 cap 53 King George III, Statute 4 cap. 96 and statute 9 cap. 83 King George IV, Declaration of Independence 1835, Normanby’s Instructions 1839, Te Tiriti o Waitangi 1840, s37 Royal Instructions 1840, s9 and 10 Constitutional Act (UK) 1846, s71 Constitutional Act 1852, 1858 Native Circuit Courts Act, 1858 Native District Regulations and Maori Community Development Act section s18(1)(c)(iv) 1962 guaranteed and protected Ruawaipu to their own natural laws, customs and usage (native aboriginal rights) in particular the mana of Ruawaipu rights to justice by their own judicial systems.

3.2This claim is about the breaches of Ruawaipu Tikanga (native customs laws and usages) by the nz crown. Ruawaipu have always proclaimed inextinguishable native title rights pre 1840 and post, still in existence even today by whakapapa, and still prejudicially affected by the breaches of trust and protection of the “utmost of good faith” promised in the intent of Te Tiriti o Waitangi 1840 by the crown.

3.3This claim is about mental health that has impacted whanau, hapu whilst incarcerated. This claim is about compensation being the justification for premeditated atrocities in regards to the taking of lands, and native aboriginal rights whilst tangata whenua were incarcerated.

3.4This claim is about the nz crowns true intention of removing Ruawaipu as sovereign native landowners from their papatipu, and to take control of their inherited lands, forests and seas for the nz crowns own purposes. This claim is about the nz crowns terroristic tactics such as threat, intimidation and incarceration and in some occasions, the penalty of death. It is about particular nz crown acts where Ruawaipu tupuna were impacted detrimentally by trial of high treason within their own kainga, breaching their native aboriginal rights, human rights, and property rights recognised by the Queen of England, as well as Internationally

4.Statement of Claim

4.1Ruawaipu whanau and hapu have felt the effects of incarceration, the statistics will show many Ruawaipu uri disenfranchised of their whakapapa and mana that associated them with their lands, forests, seas by colonial persecution and punishment.

4.2Ruawaipu whanau hapu have been deprived and alienated from their own whanau, and the awhi and kawa of Ruawaipu Tikanga whilst held at any time in the custody of the nz crown in all instances of incarceration are a foreign concept to Ruawaipu kawa and Tikanga. Our Ruawaipu uri are disorientated.

4.3Ruawaipu whanau have felt the impact of legislation in regards to their spiritual, mental, physical, economical well being and the connection that this had with their life sustenance in terms of their denial of access to ancestral forest, land and seas whilst incarcerated have caused generational deficiencies and depravation, now dependent upon the NZ Crown system as wards of the state. The natural justice system of Ruawaipu has been lost, and in doing so, so has the healing process as a developing nation.

4.4This claimant states all legislation from 1840 has impacted on Ruawaipu in one way or another dramatically. The “native language” was obviously a major barrier in understanding actual intent of the imposed laws and the necessary understanding of the English language in order to make informed decisions that were for Ruawaipu whanau hapu to benefit collectively.

4.5This claimant states, laws were fashioned for the economic wellbeing of a select few representing the nz crown exercising the use of intimidation and threat of arrest and actual arrest if Ruawaipu whanau would not conform to the wishes of the nz crown agents. The nz crown breached natural justice by unethical means.

4.6This claimant states Ruawaipu were assimilated by the introduction of a foreign punitive system, incarceration, that has not worked in the lands of its origin in terms of rehabilitation and healing, let alone being forced upon the whanau hapu of Ruawaipu.

4.7The claimant states the nz crown failed to acknowledge the native aboriginal rights of Ruawaipu and to secure to them the enjoyment of peace and good order. Failing to involve Ruawaipu by participation, consultation and negotiation in regards to how best to work together in building a nation.

4.8The Crown (England) failed to leave Ruawaipu whanau hapu with undisturbed possession of their ancestral lands. These lands were handed down, “he taonga tuku iho no nga tipuna”.from their ancestors. The nz crown failed to treat Ruawaipu humanely and acted discriminately whether they accepted Ruawaipu as being native aboriginal or even as tangata whenua being “British subjects” regardless of whether sovereignty may have been ceded or not.

5.Crown breaches

5.5In 1840 with the signing of Te Tiriti o Waitangi, Article III gave Ruawaipu the same rights and protection

5.6In 1868 Ruawaipu whanau were threatened by Government to obey all laws including Acts to confiscate their lands even after helping government during other land wars.

5.7In the 1870’s Ruawaipu whanau (Hinerupe) men women and children were marched from there ancestral lands to Wairoa, put on a boat to the Chatom Islands without writ or a right to trial, never to return to their papatipu again.

5.8In the 1870’s The nz crown by musket used our own tupuna as crown agents to murder our tupuna that supported the kingi movement and paemarie, our wahi tapu and whare wananga were destroyed. That hurt is still present today.

5.9In 1878 Gugeon sent in the constabulary to deal with those who refused to obey the nz crown law of the land

5.10In 1914 many of our tupuna fought for NZ in the first, then second world war. 1939 many who were not rehabilitated unlike their pakeha associates. The effects of this rehabilitation loss can be seen in the high crime rate of our rangataghi today.

5.11In 2004 our whanau are forced to obey the law and trespassed off their ancestral land by the Maori Land Court for being kaitiaki over their rohe moana. One was imprisoned.

5.12In the future more prisons are proposed as the answer for our rangatahi that can not conform to NZ law system

6.By the House of Representatives

6.61863 Suppression of rebellion Act No right of trial before imprisonment. Punishment for maori rebelling against nz crown. Land conviscation was a penalty.

6.71879 Peace preservation Bill One years hard labour for Maori people who refused to leave their abodes.

6.81879 Maori Prisoners Trials Act Maori arrested for preventing the surveying of confiscated land. Kept in prison for and indefinite period without trial.

6.91880The Maori Prisoners' Detention Act, provided for those arrested to be dealt with in terms of the Maori Prisoners' Trials Act; that is to say, to be imprisoned without trial. Disregard of Magna Carta 1215 and habeas corpus 1679.

7.The Result of Prejudice

7.1 It is alleged that as result of specific prejudices, Ruawaipu have been adversely affected and discriminated against in the development of their political, economic, social and cultural well being by way of;

(a)The loss or denial or alienation of Ruawaipu rights to natural justice secured under the rule of law and native aboriginal rights;

(b)The loss or denial or alienation of Ruawaipu interests in their Tikanga (natural laws, customs and usages) secured under Article II of Te Tiriti o Waitangi;

(c)The loss or denial or alienation of Ruawaipu interests in their rights to justice secured under Article III of Te Tiriti o Waitangi 1840;

(d)Legislation, Acts laws policies and regulations restricting Ruawaipu to the administration and management of justice over their tribal estate.

8.Recommendations Sought

8.1That the tribunal find in favour of this claim and the claim is well founded.

8.2 A recommendation for remedial endowment.

9.Particulars

9.1The Claimant wishes the Tribunal to commission a researcher to report on the Claim.

9.2The Claimant asks for permission to amend this claim if necessary.

9.3That this claim is heard at Hinerupe Marae East Coast Gisborne.

9.4The Claimant believes all affected parties of the Tribunal East Coast Inquiry District should be notified of the claim.

9.5The Claimant wishes to notify the tribunal that her legal representative is;

Charl Hirschfeld

PO Box 7728

Wellesley Street

Auckland signed ………………………………………