Saturday, November 2, 2013

Mike Butler: A day we all can celebrate

Fed up with the endless anti-coloniser protest that takes place every year on Waitangi Day, here’s an idea. Why not create a new day of national pride to mark – our independence from Australia? A day of celebration and national unity could mark November 16, 1840, the date on Queen Victoria’s Royal Charter under which New Zealand became independent of New South Wales and was empowered to set up a legislative council, an executive council, and courts, under a governor.

The driving force behind this new national day is Ross Baker of the One New Zealand Foundation, a group that gained attention in 2006 when it shadowed the government’s Treaty2u propaganda road show around the country, countering biculturalist spin with historical fact.

“Queen Victoria’s Royal Charter was our true founding document that has been ignored for 173 years”, Baker said. “The day we should all celebrate as our independence day is 16 November, when New Zealand became a British colony under one flag and one law.”

The New Zealand Independence Day idea made its way to social media with a Facebook page at

Another supporter, Trina from Tauranga, wrote: "I would want people to embrace this day with feel-good words like ‘unity’, ‘independence’, ‘celebrations’, ‘togetherness’, ‘pioneering achievement’, ‘families’ – I think New Zealanders are hanging out for something to feel good about these days and they will take to it like ducks to water so long as they do not sense any contention."

The fact that quite senior establishment figures unthinkingly link the phrases “Treaty of Waitangi” and “founding document” in their public utterances has created the impression that the treaty is the source of all things constitutional in New Zealand when closer inspection reveals that this is not actually true.

The Treaty of Waitangi is about chiefs ceding sovereignty in return for rights as British subjects and all the treaty actually says is that the Queen is sovereign and Maori are her subjects, with the rights of subjects, including possession of property.

If a constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed, thus constituting what the entity is, the November 16 Royal Charter is the first statement on how the governance of New Zealand was to be organised.

The charter, which is on display on the Constitution Room at National Archives in Wellington, was an early step in a long process. There was the New Zealand Constitution Act 1846 that was not fully implemented. The New Zealand Constitution Act 1852 granted self-government to the colony of New Zealand.

The 1852 Act established:

1. A bicameral general assembly consisting of the governor, a legislative council, and a house of representatives;

2. An executive council, nominally appointed by the governor;

3. Division of New Zealand into six provinces that had the authority to pass provincial legislation,

Therefore, while the grievers are pushing for November 6 to be officially declared Parihaka Day, this is a call to transfer the public holiday from February 6 to November 16 to create a grievance-free national day.

We could even crack a few anti-Aussie jokes to celebrate our independence from Australia.

For more information of the Charter of 1840, Constitution of the Colony of New Zealand into a separate colony, see


Brian said...
Reply To This Comment

I agree Mike,
But (why is there always a but)?, do our children know anything about this day of Independence.?
Rather, they are being communistic-ally indoctrinated into the "racial science" of the European brutal colonial aggression against the poor indigenous Maori. Along with the degradation of anything that portends to be of a Western European origin.

Today's revision of history, differs greatly from what has, and is, being uncovered in what has been a continuous process of gaining a better insight and knowledge of our history.
It is a re-writing to suit political purposes and ends; at the same time engendering racial discontent.
Moreover it is succeeding; by virtue of a population which cares only about the present. Also by its ignorance, apathy and a flawed electoral process; most New Zealanders have resigned their future into the hands of vain self seeking politicians, simply because they are too lazy to care.

ONZF said...
Reply To This Comment

Treaty Plays Far Lesser Roll in Development of New Zealand

While much of our legislation is based on the Treaty of Waitangi, since Queen Victoria's Royal Charter our first Constitution has come to light, it has been found the Treaty of Waitangi played a far lesser role in New Zealand’s development than previously thought.

The Treaty was not our Founding Document; it only gave Britain Sovereignty over the Islands of New Zealand under the dependency of New South Wales and Maori the same rights as the people of England under English law.

Queen Victoria did not have the power or authority to give Maori any special rights in the Treaty not already enjoyed by the people of England under English law. Fact!

It would have been extremely difficult to govern New Zealand under New South Wales legislation when Maori were guaranteed the same rights as the people of England in the Treaty of Waitangi and the Australian Aborigine had no Treaty and very few if any rights.

Queen Victoria's Royal Charter dated the 16 November 1840 has been completely ignored for 172 years as it separated New Zealand from New South Wales, gave us our own Governor, enacted the Colony of New Zealand, created and establishing a Legislative Council, an Executive Council, our Courts and granted certain powers and authority to the Governor of the said Colony.

The Royal Charter/Constitution and the First Sitting of the Legislative Council makes no mention of the Treaty of Waitangi, which was an agreement between Queen Victoria and the Maori chiefs where Britain gained sovereignty over New Zealand and Maori were given the same rights as the people of England. No more, no less.

Now that the Royal Charter has been located, Government must take a new look at the Treaty of Waitangi and its roll in our legislation and development of New Zealand as it plays a far lesser roll than previously thought.

The Royal Charter dated the 16 November 1840 makes a radical change to our previous views of the Treaty of Waitangi and should be celebrated as,

"New Zealand's Independence Day, 16 November"

To see copies of the Royal Charter, our Founding Document and First Constitution and the First Sitting of the Legislative Council, please log onto,

Rodney Davidson said...
Reply To This Comment

I am just finishing the Ian Wishart ' The Great Divide ' 2012
publication and a very good appraisal it is too. Great substance and a ring of truth all round in my opinion.

Anonymous said...
Reply To This Comment

Remember when I think it was a labour Government changed Waitangi Day to NZ Day. It was soon changed back to Waitangi Day as the last thing activists wanted was a distraction from their potential to make mileage and lots of money from a focus on Waitangi and its Treaty.
Me I don't celebrate this day at all with what it now represents but instead welcome a day off to ponder NZs future as a divided nation.

Gazza said...
Reply To This Comment

I'm a Kiwi currently living in Aussie.
A while ago the separation of New Zealand from NSW was bought up in a discussion on a financial program on TV.
It appears that there is still a charter on the NSW legislation that allows New Zealanders to vote to rejoin NSW. This would require a refendum by New Zealanders.
The people discussing this said "The last thing we want is New Zealand to become part of Australia again".
The worst economic performing state in Australia is South Australia; but its income is greater than the whole of New Zealands.
The poor performance of New Zealand in financial terms and the treaty obligations and "other" baggage New Zealand has would be a huge financial burden on Australia.
So what's there to celebrate on becoming a separate country? We would have been financially better off as a territory of Australia.

Post a Comment

Thanks for engaging in the debate!

Because this is a public forum, we will only publish comments that are respectful and do NOT contain links to other sites. We appreciate your cooperation.

Please note - if you use the new REPLY button for comments, please start your comments AFTER the code. Also, the Blogger comment limit is 4,096 characters, so to post something longer, you may wish to use Part 1, Part 2 etc.