THE LAW MAKING PROCESS

Transcription

1 ATTACHMENT H VITAL INFORMATION THE LAW MAKING PROCESS NGA TIKANGA MAORI LAW SOCIETY HOHEPA MAPIRIA JOSEPH MURHPY OVERVIEW LAW MAKING PROCESS. [Refer: Constitution Regulation 4 And Subsection 2 Special Resolutions] INCORPORATION [District Area] First Reading of the Law: 1. Management Committee seeks changes to their Constitutional Laws from the Shareholders at Annual General Meeting or Special Meeting of Owners. 2. Shareholders to pass resolutions 3. Minutes of resolution are recorded and place under the Common Seal. 4. Management Committee regulates resolutions and formulate into Constitution, under their hand and the Common Seal of the Incorporation. 5. Chairman of Incorporation takes resoluted Constitution and copy of recorded minutes up into the Lower House under the Incorporation Common Seal. LOWER HOUSE: [Regional Area] Second Reading of the Law: Under amalgamation the Waka Region Chairman's present, formulate resolution, making additions and alteration until they agree upon a Common Law. (At this stage the Law becomes a Bill, entered into Parliament). Formulated Laws are then returned from Lower House back to the Incorporations in their Districts, calling for submissions, whereby shareholders, owners, and other persons may make submissions on the Bill. The Chairman Of each Waka Region of the Lower House then forwards the Bill to the Attorney General in The Upper House.

2 UPPER HOUSE: [National Area] Third and Final Reading of the Law: 1. The Bill scrutinized by the Nga Tikanga Maori Law Society (Law Commission), and put into one State Law representing all 10 Waka Regions and placed before the Upper House on the 26, 27, 28 October annually. 2. On the 28th October is the opening of the Upper House. 3. The Chairman elected by their Waka regions remain in the Upper House until the 6th February when the Upper House of Parliament closes, at the opening of the Upper House the members elect one of their number to be Chairperson/Governor, they also set the terms of office, in which such persons shall hold that office. 4. The Bill entered into the Upper House is presented and read by the Governor to the members of the Upper House, who scrutinize, debate and pass into State Law by final reading on the 04, 05, 06th February of the proceeding year, before the general assembly. 5. By recommendation of Orders in Council of the Upper House the Governor shall sign on behalf of the Internal Sovereign Protector and Commander in Chief. INTERNATIONAL PROCESS: All State Laws pass in the manner prescribed, bearing the Common Seals of all Incorporations, of all minutes of Beneficial Owners, Mandatory Regulations, Statutory Laws passed by the Upper House are forwarded to Westminster Parliament, for adoption into the Law of England and for acknowledgment by Letters Patent, under the Great Seal of the United Kingdom and the Commonwealth and enforced upon the Subjects Parliamentary Laws and Statutes in New Zealand. INDEX Beneficiary Submission Defined: State Law (Bill) Process The Waka Regional Parliament Lower House The Function of the Lower House (Management Committee) Submission Defined by Law (Resolution) Process The Upper House Maori Privy Council O Aotearoa Function Roles The Governor Duties Selection of a Governor Deposing of a Governor Directive

3 The Chief Justice Deposing of the Chief Justice Other Duties Nga Tikanga Maori Law/Lore Society (Inc.) O Aotearoa (NZ) Nga Tikanga Maori Law/Lore Society (Inc.) O Aotearoa (NZ) Structure (Law Commission) Portfolios Glossary of Terms Submission Defined: State Law (Bill) Process BENEFICIARY 1. Maori Incorporation Submission. 2. Regional Waka Government Lower House. 3. Collective Waka Government Lower House. 3a. The Submission is said to be Tabled. It is said to be in its First Reading and is returned to all Waka Regional Lower Houses where it is scrutinized by all beneficiaries that are incorporated under each Regional Waka changes are made if any. 4. Returned to Collective Waka Government Lower House. 4a The Bill is said to be in its Second Reading and is debated where changes are resolved. Returned to all Waka Regional Lower Houses where the Bill is scrutinizes and placed before a select committee if the changes are required. 5. Returned to Collective Waka Government Lower House 5a. (The Bill is said to be in its Third and Final Reading. If no change are required it is Sealed by the Ten Waka Seals of the Collective Waka Government and sent to the Upper House to be scrutinized and sealed by the Governor and the Chief Justice between the dates 28th October and the 6th February the following year). 5b The Bill is now a State Law. The Sovereign Ruler of Great Britain is notified. She/He, by way of His or Hers Council of Law Lords (Privy Council), notifies other members of the Commonwealth Countries by Letters Patent of the New State Law. SEALS REQUIRED: Ten Waka Seals Governor Seal Seal of the Chief Justice [These are the seals of the Upper House, Aotearoa Privy Council]. Waka Regional Parliament Lower House Consists of: 1. Ten Waka (Regional) 2. Five Portfolio holders elected from all Regional Whanau/Hapu who are beneficiaries of a Maori Incorporation under a particular Regional Waka.

4 3. These five Portfolio holders shall form the Regional Waka, Lower House, and shall be known as the Regional Waka Management Committee. 4. These seven portfolio holders shall choose from among themselves a Chairperson who shall automatically take his/her place in the Upper House, chair the business of the Lower House Regional Waka Government and hold the Kaiawhina Putea Portfolio for the Lower House Waka Regional Government. THE FUNCTION OF THE LOWER HOUSE (MANAGEMENT COMMITTEE): 1. To put into place directives rules and regulations, attend to requests or assist and support registered beneficiaries of a Maori Incorporation within the Waka Region. 2. All portfolios shall hold the Status of Charitable Trust in any Incorporation. 3. Receive and process all submission form the Incorporated Beneficiaries following minuted due process, form the Waka Regions. 4. Define each submission as either Regional or State and process as a By-Law or State Law. By-Laws affecting Regional Waka areas, State Laws affecting all Aotearoa, State Laws processed through the collective Waka Lower House as a Bill, Sent to the Upper House for scrutiny and Sealed. The Upper House shall have the powers of veto. 5. The Collective Waka Government Lower House Maori Parliament of Aotearoa shall choose one member from amongst itself to Chair the Maori Parliament of Aotearoa an be known as the Chairperson, Prime Minister or Te Premia Paremata Maori O Aotearoa. 6. Regional Waka Parliament Lower House, The Collective Waka Parliament of Aotearoa shall allow Incorporated Beneficiaries to attend any Hui Regional or National, they shall not have voting rights. Registered Beneficiaries may have speaking rights by written submission. 6a. The Chairperson of the Regional Waka Parliament-Lower House, or the Chairperson of the Collective Waka Parliament may grant, speaking rights to any Registered Beneficiary, if he/she decides there is justification to hear the request for the right to speak and to expedite business. 7. The Lower Houses, Regional or Collective National shall not move into Committee to discuss any business unless by a Grant of Urgency by the Governor and/or The Chief Justice under Seal. 8. Application to move into Committee shall only be made by the Chairperson of each Lower House after a vote is cast indicating a majority vote by relevant Lower House Members. SUBMISSIONS DEFINED BY LAW (RESOLUTION) PROCESS: Submission from Beneficiary from an Incorporation Waka Regional Area Presented to Regional Waka Government Lower House Debated at next sitting. Passed as a By-Law or defeated. Filed with Law Commission. Enacted in the region if passed. Other Waka Regional Governments notified of the new By-Law Incorporation Gazette publishes (not Tauiwi Gazette)

5 PORTFOLIO STATUS: CHARITABLE TRUST: 1. The Constitution of all Charitable Trust shall be founded on the relevant sections of the Standard Constitution of the Incorporations (Refer - Te Ture Maori/Maori Land Act ) 2. There are five Portfolios in each Waka that shall be constituted as separate Charitable Trusts. 3. All Submissions made to regional Waka Government shall be made on a standard procedure form decided by each Waka Region. 3a. The forms should show: The Time, date and place the meeting was held, The Incorporation submitting and the name and address of the Beneficiary author of the original submission. 3b. Minutes and attendance sheets of the meeting shall accompany the submission. 4. The Regional Waka Government shall not as a body formulate or place before itself submissions of its own. 5. All Incorporations in a Waka Region shall be under the Authority of their Regional Waka Government in the formulation and discharge of By-Laws. 6. A Representative of the Law Commission (shall) sit in at all Regional Waka Hui. Their position is neutral. They shall not have voting or speaking rights and shall speak only on points of Law when requested to, by the Chairperson. Other than that, they shall remain silent. They shall sign the attendance sheet along with everyone else. 7. The Deputy Chief Justice shall advise on points of Law at all collective Waka Government-Lower House Hui. THE UPPER HOUSE MAORI PRIVY COUNCIL O AOTEAROA: NGA TANGATA: 1. Governor 2. Chief Justice 3. Waka Chairpersons (Ten) TAU IWI: Privy Councilors (UK) 2. 5 High Court Judges (NZ) FUNCTIONS: 1. The Governor shall Chair the Upper House. He/She shall not vote. 2. The Chief Justice shall advise on points of law, have speaking rights and may use the power of a casting vote. 3. All other Upper House members shall scrutinize and debate draft statue law sent up from Collective Waka Government Lower House, before veto or sealing into State Law. ROLES: 1. The Governor as Constitutional Internal Sovereign, authorized by the (Political) Constitution with the constraint of neutrality Head of the Governing Body(s) of the Sovereign Maori Nation of Aotearoa.)

6 DUTIES: a. Liaise with: The Trustee of all Maori Land The Sovereign of Great Britain Queen Elizabeth II and Her Heirs and Successors. b. Liaise with: With Heads of States of all other Indigenous Nations and other Nations. c. Direct as Chairperson the business of the Lower House. SELECTION OF A GOVERNOR: 1. By a majority of the Maori Members of the Upper House. DEPOSING OF A GOVERNOR: 1. By Absolute Majority of the Maori Members of the Upper House. 2. By absolute majority of the Collective Waka Government Lower House in a submission to the Upper House, Sealed by the Ten Waka Regions and signed by the Chairperson (Prime Minister) and Parliamentary Members authorized to sign on behalf of their Waka in the absence of the Waka Chairman in attendance at the Upper House. 3. By resignation of the Governor from office. DIRECTIVE: 1. The Governor must remain neutral from politics at Regional and Nation level. THE CHIEF JUSTICE: 1. Shall be that person distinguished by their learnedness in Tikanga Maori Law/Lore and appointed by the Nga Tikanga Maori Law Society (Inc.) O Aotearoa (NZ). 2. Shall advise the Upper and Lower Houses on points of Law. 3. Have speaking rights in the Upper and Lower Houses. 4. Have the power of a casting vote in both houses. DEPOSING OF THE CHIEF JUSTICE: 1. By resignation form office. 2. By majority of the Upper House. 3. By Absolute majority of the Collective Waka Government Lower House in a signed and Sealed submission to the Upper House. OTHER DUTIES: CEO and Chairperson of the Nga Tikanga Maori Law Commission. Maori Circuit Court Chief Judge Chief Judge of the Maori High Court, Maori Appellate Court Maori Assessor Court Chief Judge of the Maori Marae Courts

7 TIKANGA MAORI LAW COMMISSION: 1. Register Maori Incorporation, Provide Forms (Fee). 2. Receive and file By-Laws and State Laws (Fee). 3. Advise on Legal Points (Fee). 4. Production of Seals. 5. Advise Regional Waka Lower House (Legal Points) ( Fee) 6. Advise Collective Waka Government Lower House (Legal Points) (Fee) 7. Advise Upper House (Legal Points) 8. Issue orders of Incorporation. 9. Hold Sitting for Incorporation (Fee) 10. Hold Court sittings in Civil, Criminal, or Family Legal Jurisdiction and Issue orders to the High Court/ District Court (Tau Iwi). STRUCTURE Chief Justice Governor General Attorney General Executive Committee Registrar General Member Member Member Secretary One member from each remaining Waka Total Membership of the Law Society 15 PORTFOLIOS: Putea Topu Whenua Ahu Whenua Kaitiaki Whanau Banking, Tax Charitable. Commercial. Resource, Policing, Security, Justice. Social, Justice.

8 GLOSSARY OF TERMS MOTION: A formal Proposal in Assembly by a member of the assembly, authorized to purpose the motion as a registered member of that assembled body. SECONDER:The Formal necessary support given by the seconder to a motion of its proposer by either verbal direction or rising without speech to indicate the mover of the motion is not isolated. RESOLUTION: A motion proposed and seconded, debated and successfully voted to be carried, changes form being a motion to the Statue of the resolution. BY-LAW: Regulation made by an Incorporation or local body, effective only within the local customary region (Waka Region) enacted there. REGION REGIONAL: Pertaining to a customary Maori Waka Region bounded by historical Tipua, geographical makers or Topu whenua. NATION NATIONAL: Pertaining to the whole of Aotearoa. In this case the Collective Waka Regions of Aotearoa. SUBMISSION: A complete document of proposal presented to an authority, in this instance as a Bill before Parliament, or theory ect, before a judge or jury. BILL: A complete document of proposal, formally structured defining the purpose of the Bill and the author of its origin (see sample enclosed). A Bill is required for the purpose of charging or initiating Laws that effect the whole of Aotearoa, including Tau Iwi. REPEAL: Revoking, rescinding or annulling a Statute Act of Law of parts thereof. To do away with the Rules and Regulations in a Waka Region including By-Laws

9 TE WHARE PAREMATA MAORI O AOTEAROA: The Collective Waka Parliament of Aotearoa, The Parliament grouped from the 7 members of each 10 Waka regions. Their purpose is to bring together the Ten Waka regions to strategize and formulate proposals in Law for the benefit of all Maori families in economic, culture and independent growth of the Maori Nation. REGIONAL MAORI PARLIAMENT: Grouped from those Maori Incorporations within a Waka Region tied to a common Waka making or repealing By-Law, or putting together State-Law or parts thereof as a motion in the Collective Waka Parliament Lower House of Aotearoa (Te Whare Paremata Maori O Aotearoa). MEMBER: The Members of a Regional Waka Parliament is also a member of The Collective Waka Parliament of Aotearoa (Te Paramata Maori O Aotearoa) less one member from each Waka who goes to the Upper House from each Waka. Hohepa Mapiria Chief Native Assessor, God save the Queen Nga Tikanga Maori Law Society Inc. O Aotearoa (NZ) PoBox Te Mai Maunu Rd Whangarei