Worrying implications for ‘property rights’ exists. Govt being forceful in pushing through the Three Waters Reform, essentially an attack on property rights, a dark day for democracy in New Zealand, and community groups, voices have certainly made their voices heard as to their opposition of this robbery of communities infrastructure assets.

The govt has been extremely busy working with Iwi Freshwater Group, the water industry and local councils. The Govt is going ahead with what they describe as opportunities for Iwi in the Water Entities Act, which establishes  new water services from July 2024. Govt providing for Iwi interest, rights is particularly focussed on water service delivery. The Three Waters Reform Review 2017-2020 documents the processes, engagement Govt have had with Iwi in the Three Waters Reforms. The 2020-21 reports stated “There has been many workshops, gatherings up and down the country”

This process of engagement with Iwi with govt and industry is documented in the Three Water Reform Review 2017-2020 and the Three Water Reform Programme  2020-2021. There has been many workshops, gatherings up and down the country.  Scoop News reported 21^st Feb 2023 ‘Three Waters Judgement Accepts No Confiscation of Assets with NO Compensation. The Timaru, Waimakiri and Whangarei Council  asked the High Court for declarations on the ‘rights and interests’ that property ownerships entails. Justice Mallon responded  “I accept that Three Waters Reform involves a form of expropriation for which compensation could be given, but whether it is or not is up to Parliament” 

It was confirmed that the government’s Three Waters plan, plans to take away water infrastructure paid for by communities, for the government to serve its own purpose. Claiming privately owned property against the wishes of the owners of those assets. However the decision for compensation to be paid to the asset holders is one to be made by Parliament. Judgement was declines specific declaration sought by the councils, highlighted that “there is no acknowledgement from the Government that this confiscation was taking place and that a deliberate decision was made not to compensate communities for confiscation”.

Judge Mallon stated that the documents do not directly acknowledge that local councils will lose ownership that they presently hold, nor that councils ability to control the use of assets will be materially diluted through the WSE Governance Structure. Nor that local democratic accountability for the provision of Three Water services in local communities is essentially lost. However, it does not follow that the Govt, and in return Parliament is unaware of this. The proposals are directed to a new model for delivering Three Waters, a significant Three Waters infrastructure challenge, The govt has proposed a funding package but has deliberately decided that this is not intended to compensate local councils for the value of infrastructure assets, not communities”. Hence the govt can remove local democratic rights, they are not held accountable and have misled the public of NZ of the true ramifications of this legislation.

Those Council members who sought the High Court hearing stated  “As owners of this critical infrastructure on behalf of our communities we are now demanding that any future changes to Three Waters policy setting respect these basic rights in property owning democracy. This is the govt deliberately undermining basic property rights. The NZ Bill Of Rights (Private Property). The purpose of this Bill is to provide for the protection of private property rights in NZ under the NZ Bill Of Rights Act 1991. The Property Rights System establishes and maintains the integrity of title to estates and interests in land in NZ.

This is the government seeking to undermine basic property rights. The NZ Bill Of Rights (Private Property) The purpose of this Bill is to provide for the protection of private property rights in New Zealand under the NZ Bill Of Rights Act. Property Rights system. This system establishes and maintains the integrity of title to estates and interests in land in New Zealand.

Article written by Dr Muriel Newman NZ Centre for Political Research 24/1/2016. This is a policy think tank. Dr Newman has previously been a MP and a former Chamber Of Commerce President in Business and Education. The article made the following points. ‘Iwi Leaders and Govt had agreed on a deadline to sort out Maori/Iwi Interests in freshwater by Waitangi Day 2016. (Report RNZ 5/2/2015). National Party planned to introduce Maori/Iwi interests in freshwater. NZCPR campaigned against this. Govt accused them of misinformation.

Article Grey Power Magazine authored by Cabinet Minister & MP for Tauranga Simon Bridges “I have been approached by a number of constituents regarding the control, ownership of NZ’s freshwater. He said,” there appears to be some misinformation”, but he wanted to clarify the matter, saying the National govt has always clearly stated “no-one owns the water”. He added

“However the govt is working with the Land and Water Forum, this includes stakeholders including Iwi to develop a common direction for freshwater management in NZ. Race based interests as to management, allocation of fresh water resources in NZ”. But Bridges ensured Grey Power readers there were no plans to give control or ownership of our country’s lakes and rivers to Iwi”

Irrespective of who owns the land over which the water flows, under common law and stature water is owned by no-one. There is absolutely no legal, moral or common sense justification for any Iwi/Maori to claim freshwater. The legal situation is that no-one owns water, no-one ever has. Reference was made to common law and the Water and Soil Conservation Act 1967 and the Resource Management Act 1991. (Canterbury University Law lecturer David Round).

Water was never regarded by the common law as a commodity. The courts held that a land owner had no right to the ownership of water which either flows through or percolates within the land. In this way the courts recognised water like air is not only vital to the survival of all species on the planet but is something in which humanity has no hand in creating. It therefore like air occupies a unique status in the eyes of common law, it cannot be owned b y anybody. Irrespective of the law.

Some Iwi/Maori have continued to claim ownership of freshwater. But since successive govts and courts have consistently rejected their opportunist claims, they have now turned their attention to the ‘control’ of water. (Former Judge Anthony Willy) “Water was never regarded by common law as a commodity”

Former Law Lecturer, Judge Anthony Willy, agrees: “Water was never regarded by the common law as a commodity”.

(NZ Herald October 2016) During the Labour Govts 3^rd term in office, leaders of some of the country’s most powerful tribes sought Maori control of water. Labour Govt stated that “Water is not owned, but is controlled, managed by the Crown for ALL New Zealanders”. Tribes were under the impression that the Labour Govt were considering privatisation of water rights as part of a water management reform programme.

The tribal leaders considered if such a property right was created, they had a claim to it under the Treaty since they had gained a lucrative $170 million fishing settlement, Fishing Quota created as a property right, many tribes received substantial settlement of quota fishing company shares and cash. They believed a water settlement would dwarf the fisheries settlement & with the Ministry for the Environment estimating the total value of fresh water to NZ is now worth almost $35 billion (2016). And Iwi demands continued, and Iwi voices that claimed they owned the water in NZ.

Nationals concession to tribal demands for freshwater was signalled during the partial privatisation of the State owned power companies in 2012. The Crowns Counsel stated that the power company sale would not precent the govt from recognising the rights and interests of Iwi in freshwater”, and even suggested the creation of new ‘economic rights over water’ in the form of a ‘levy or royalty”.  Emphasizing, recognising Maori/Iwi Rights may include decision making in relation to care, protection, use, access and allocation, and/or charges or rentals for water.

All this information being evidential yet NZCPT was accused of misinformation.. “The rule of law means simply that we shall be governed solely by the law properly enacted after due process, not by arbitrary whim of any person or group. It is a point of due process ‘a the way in which laws come into being’. That the Rule of Laws intersects with democracy, which together are the guarantors of our civic rights”

“It is crucial and unbridgeable divide between the rule at whim of the despot and his or her cronies and rule by law that we imperil when we permit exceptions no matter how well intentioned. Such an exception sought by the minority of the population to corner rights to fresh water is a classic example of a derogation of the Rule of Law simply because it gives governance over a crucial public good to a small and unelected group to the detriment of the majority.

The truth is that no form of constitutional govt of itself can guarantee our civil liberties, but the intersection of the Rule of Law as administered by the Courts and the democratic process offers the best protection known to history- the enablement of tribal groups to gain control of freshwater will therefore not only entrench separatism in NZ but it will undermine the Rule of Law. (Judge Anthony Willy)

References were made to -Gisborne Council had already established a joint resource consenting authority with Ngati Porou for control  of freshwater in their region. (prior to Oct 2016). Minister for the Environment Nick Smith was already committed to preferential access for Iwi in catchment based processes, stating he intended to influence councils by issuing requirement or guidelines to regional councils when choosing or implementing allocation approaches or reviews of existing allocations.  National caved in to Maori Council demands for rights to freshwater. On the verge of water rights in perpetuity to tribal interest, but required councils to involve local Iwi/Maori tribes in the management, allocation, control of fresh water in their regions (prior to 2016) 

There is no form of constitutional govt of itself can guarantee our civil liberties, but the intersection of the Rule of Law as administered by the Courts and the democratic process offers the best protection known to history- the enablement of tribal groups to gain control of freshwater will therefore not only entrench separatism in NZ but it will undermine the Rule of Law. (Judge Anthony Willy). Under British common law, naturally flowing freshwater is not owned by anyone, but is treated as a public good.

The NZ Bill Of Rights (Private Property Rights) Section 11A, “Right to own property”, inserted by clause 4, states: “Everyone has the right to own property, whether alone or in association with others.” Section 11B, “Right not to be arbitrarily deprived of property”, inserted by clause 4, states: “No person is to be deprived of the use or enjoyment of that person’s .  NZ Bill Of Rights is traditionally contained in Common Law ‘The Judges Rules 1912 now set in 23 (1)b of NZ Bill Of Rights. – NZ Bill Of Rights has been traditionally contained in Common Law in ‘The Judges Rules 1912 now set in 23 (1)b of The NZ Bill Of Rights 1991.       Carol Sakey  https://wakeupnz.org

https://wakeupnz.org

https://www.scoop.co.nz/stories/PO2302/S00114/three-waters-judgement-accepts-confiscation-of-assets-with-no-compensation.htm

https://www.scoop.co.nz/stories/PO2204/S00151/worrying-implication-for-property-rights-as-government-forces-through-three-waters-reform.htm

https://www.dia.govt.nz/Three-Waters-Reform-Programme

https://www.environmentguide.org.nz/issues/freshwater/freshwater-management-framework/ownership-of-freshwater/

In the run up to the litigation over the part privatisation of Mighty River Power and Genesis Energy the Waitangi Tribunal held an urgent hearing, it was instigated by a number of groups claims to Maori blood, as to whether or not they are entitled to ‘preferential rights’ to the ownership of ‘fresh water’ in New Zealand. Rights not enjoyed by other New Zealand citizens. Because of pressure at the time the Tribunal held an interim hearing and delivered a decision along the lines of ‘that the ownership of fresh water is a ‘Treaty issue’, and made some suggestions to help the claimants as to how they may participate in the ‘economic value’ of the assets intended to be privatised.

The Tribunal did not consider that the proposed sales should be stopped until such time as the claimants rights were fully investigated. Undaunted the claimants immediately brought proceedings into the High Court to stop the part privatisation process. Judge Ronald Young heard the cade and decided that the proposed part of the privatisation did not give rise to any ‘Treaty’ issue, but that in any event if it did then the claimants right were not adversely affected by the Government’ proposals. Immediately that provoked an immediate appeal and because of the urgency surrounding the Government’s intention to honour its election pledge to sell off shares in some State owned Enterprises while keeping a majority in the hands of the public the litigation went from High Court to the Supreme Court missing out the Court Of Appeal process.

The claimant’s case once again failed. Following the decision of the Supreme Court the Government decided to attempt a settlement with Māori interests and thereby avoid any further hearings in the Tribunal or the Courts. Nick Smith the minister responsible for the Governments ‘fresh water’ policy said at a  recent public meeting at that time called for discussion in the matter. There would be an obligation on local councils to consult with ‘Iwi’ about the use of water in which they might have a special interest, but there was to be no suggestion of ‘co-governance’ and all decision making with regard to water would continue to be vested in democratically elected councils. Nick Smith reminded a public audience  “that the government had repeatedly made it clear that nobody owns the water. (emphasised by Judge Willy himself).

Judge Willy said in his publication “Unfortunately this clear statement of principle was not supported by the consultation document which provides the setting up of a NEW bureaucracy running in parallel with the existing council procedures to consider claims by Māori people for special treatment in the matter of ‘fresh water’ allocation. For all practical purposes that is ‘co-governance’ of some 16% of the population with the remaining 84% in all matters relating to the allocation and use of water. Neither does it accord with a memorandum filed by the government’s lawyers in the Waitangi Tribunal Registry should there be a need for a resumed hearing. This document is so at variance with Nick Smith’s anodyne assurance given at the Auckland public meeting it is worth quoting the relevant parts – (ILG is the acronym for Iwi Leaders Group).

Throughout 2015 the Crown and the Iwi Leaders Group (ILG) had engaged in regular collaborative discussions on policy options development. Previous Crown memorandum have outlined the process and progress to date (2016).  Four priority workstream (sic) areas were agreed between the ILG and Ministers as part of their ongoing engagements- Recognition, Water Quality, Governance, Management and Decision Making, Economic Development. Counsel were advised that a package of proposals to be included in the public consultation process relating to the first three of these matters. (Recognition, Water Quality, Governance).

The fourth agreed priority workstream (Economic Development) has the specific policy objective of developing a range of mechanisms to enable Iwi/Hapu to access fresh water in order to realise and express their economic interests. Ongoing tensions and engagement in relation to the proposals were included in the consultation document, engagement between the Iwi Leader Group and the Crown continued throughout 2016 and beyond to discuss policy options as to the allocation of water and allocable discharges. The govt was discussing both co-governance with Iwi Leaders Group and ‘fresh water’ to persons of Māori blood, on a race basis. Made possible by application of Treaty principles. .Judge Willy poses the following “What are the principles of the Treaty governing this matter and is there a partnership between Crown in right of Government in New Zealand and citizens claiming some Māori lineage”? Judge Willy provides the following information:-…

THE PRINCIPLES OF THE TREATY OF WAITANGI:   These principles occur in a number of statutes. That nothing done under the legislation shall conflict with Treaty ‘principles’ In NO statute including the Treaty of Waitangi are those principles defined, neither are they referred to in the Treaty document itself. Thus leaving the field open to Maori people and their handmaidens from all positions on the political spectrum to contend that almost anything done by the government or a local authority which does not suit Maori interests may be challenged as being in contravention of these principles. (Eg the Trans-Pacific Partnership & the proposed Kermadec’s fishing sanctuary 2016) One would think that the first port of call in deciding if there are any principles to be derived from the Treaty then it would be in the Treaty document itself. However the canons of interpretation of the Treaty are clear and include a requirement that it be construed according to the plain meaning of the words used on the Treaty document at the time it came into existence, alternatively if no meaning can be derived from the words used, or words have more than one meaning then a Court will look to see what it is the parties sought to achieve from their bargain. Quite simply the Treaty is a short document.

First Article: The Chiefs of the Confederation of the United Tribes of New Zealand and the separate and independent Chiefs who have not become members of the Confederation cede to Her Majesty the Queen Of England absolutely and without reservation all the rights and powers of Sovereignty which the said Confederation of individual Chiefs respectively exercise or possess or may be supposed to exercise or to possess over their respective Territories as the sole sovereigns thereof.

Second Article: Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their lands and Estates-Forests-Fisheries and other properties which they may collectively or individually possess to long as it is their wish and desire to retain the same in their lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective Proprietors and persons appointed  by Her Majesty to treat with them in that behalf.

Third Article: In consideration thereof Her Majesty the Queen of England extends to the Natives of New Zealand Her royal protection and imparts to them all the Rights and Privileges of British Subjects.

Article one is clear beyond any reasonable doubt. It simply provides, when read together with (article 3) that in return for the protection of the British Crown those who signed the Treaty will cede such sovereignty as they claimed to enjoy to the Crown in perpetuity and return enjoy the Protection of the Crown and all of the privileges of becoming a British subject. Remember at this time (1840) Britain was the greatest empire the world had ever known, so it was a huge concession by the Crown to admit Māori people to citizenship.

Article 2: Needs no interpretation – just plain words. It ensures exclusive possession of Lands, Forests and Fisheries and other properties which they have collectively or individually possessed e is guaranteed to the owner therefore so long as it is their wish and desire to retain the same in their possession, in the event of a wish to sell the property the Crown is given the right of pre-emption. Once the property has been disposed of by a lawful process that is the end of the guarantee.If there are any over-riding principles one must look elsewhere.

The only places are the ‘preamble and the ‘instructions’ given to Hobson by the Foreign and Colonial Office to seek a Treaty both of which evince a desire by the Crown to protect existing indigenous property rights, ensure peace and good order and to establish a settled civil government with all necessary laws and institutions without bloodshed.

The descendants of those that signed the Treaty were both Māori and Non-Māori have full protection of property rights, to live in a peaceful society, are protected by all necessary laws and institutions. There is no statute, including in the Treaty which defines what those ‘principles’ might be. Those that seek to discover these elusive principles generally cite the observations of Judges in the Court Of Appeal. In one of the Māori Council cases heard in the lates 1980s refers to ‘Whether or not land could be transferred to a State Owned Enterprise at a time when claims by a Māori group were pending. The Court was required to consider the place of the ‘Treaty’ in modern New Zealand ‘jurisprudence.’ Sir Edward Somers QC likened the obligations created by the Treaty as being akin to a ‘partnership (Akin simply means of similar character) This is not the same thing with which it is compared. Other Judges adopted this analogy.

Judge Willy in this publication said he knew Sir Edward Somers and he knew about Partnership Law very well.  That if he meant that the Treaty created a ‘partnership’ between the Crown and descendants of the signatories he would have certainly have said so. I was clear that the judgement that they considered that the equitable principle that ‘partners’ to just faithful to each other in the conduct of the partnership business had relevance to the application of the provisions of the Treaty. However there is nothing in the judgement which confers any ‘partnership rights’ and obligations on the plantiffs or the Crown. Saying it would be unfair for property to be transferred by the Crown to private individuals- thus beyond the reach of the Waitangi Tribunal, creating an indefeasible title which could not later be challenged in a Court of Law until the legitimate interests of Māori claimants could be tested in Court.

THE TREATY OF WAITANGI AND PARTNERSHIP

NOTE: THIS FORMULA HAS NOW ENTERED JURISPRUDENCE: Is regularly cited by subsequent courts. In 1993 the Court Of Appeal said “The Treaty created an enduring relationship of fiduciary nature akin to a partnership, each party accepting a positive duty to act in good faith, fairly, reasonably and honourably towards each other”. And this is as far as any ‘binding’ decision of the Court is prepared to go. Subject to what is discussed later any more sweeping statements favourable or unfavourable to Māori in later cases which are no necessary to the actual decision can be ignored  by later courts. Therefore this ‘imaginative analogy has been misunderstood and in some cases mischievously so to create the myth that there is a legal ‘partnership’ between all Māori people on one hand and the Crown on the other, exposing ‘shallow reasoning’. So when one questions:- What are the terms of the ‘partnership?, What are the ‘obligations’ of Māori people to the Crown?. What are the shares that each enjoys and in respect of what property?. Is it all of the myriad property which goes to make up the totality of the assets of New Zealand? Where is the place for existing ‘private property rights for Māori and Non-Maori?

How does this commercial notion of ‘partnership’ seep into the political structures, and what happens if New Zealand becomes a Republic? All has been distorted beyond all reason and used as means of supporting claims by less than 15% of the population to enjoy unearned privileges at the expense of the remainder of the population, many of who, be it noted are descendants of the settlers whom the Crown was anxious to protect in entering into the Treaty. ‘Māori Rights to special treatment has become a moving target’. In 2014 the Supreme Court in litigation surrounding privatization of part of assets of some of the Crown held ‘Power Companies’. This whole process was rushed through parliament to allow the government to make goof an election promise. Various Māori interests challenged the governments right to sell shares in the power companies to the public for, among other reasons it would breach the ‘principles’ of the Treaty.

An order was sought preventing the sale until the publication of the Waitangi Tribunal’s final report on more general Māori claims to ‘Fresh Water’. The claimants lost in the High Court and there was no Court of Appeal. Claimants appeal went straight to Supreme Court, the claimants lost their case and the sale went ahead on the grounds that whatever Māori Rights to ‘Fresh Water’ the Government might decide to recognise those rights would not be prejudiced  by the proposed public float of shares. On the subject of treatment of people with Māori descent the judgement was larded with statements which were unnecessary to the decision of the dispute before the Court. It treated the recommendations of the Waitangi Tribunal as if it had the status of a Court of Law. IT DOLES NOT

Generic finding is that Māori had rights– interests in their water bodies,. English equivalent in 1840 was ownership rights , and that such rights were confirmed, guaranteed and protected by the Treaty of Waitangi, save to the extent that here was an expectation in the Treaty that the waters would be shared with the incoming settlers. The Tribunal has recognise that the customary authority exercised in 1840 must be adapted to meet modern circumstances and the need for resources to be shared with ALL New Zealanders.

The Recommendations of the Treaty:- Are now elevated into binding legal principles.The Court of Appeals recognition stated a fundamental principle guiding the ‘interpretation of legislation which addresses issues involving the relationship of Māori with the Crown, must accordingly form the basis of the approach of NZ Courts to any subsequent legislation requiring that the Crown act consistently with Treaty ‘principles’. This judgement gives no support to narrow approaches to the meaning of such clauses. But recognises that in relation to ‘Fresh Water’ this conflicts with the Governments position set out in  the ‘Red Book’ (A manual giving guidance in relation to govt policy)

New Zealand law does not provide for ownership of water in rivers and lakes. The Crown has publicly acknowledges that Māori traditionally viewed a river, a lake as a single entity, have not separated that into beds, banks and water. That Māori consider a river, lake as a whole and can be owned by Iwi/Hapu in the sense of having ‘tribal authority’ over it. However, whilst under NZ Law the bans and bed of a river can be legally owned, the water can NOT. This reflects the COMMON LAW position that water until contained (eg put in a tank or bottled) can not be owned by anybody. For this reason it is N OT possible for the Crown to offer  Māori Claimants or any other claimants legal ownership of entire lake or river- including water- in a settlement.

The Court accepts this law- but records of the Crowns position is:-The Crown acknowledges that Māori have interests and rights in relation to particular waters. And they have not been prepared to negotiate for recognition of Māori property in waters or for their participation in the economic benefits obtained from the use of waters (as through royalties paid to them). But are prepared to encourage, facilitate joint ventures in the generation of electricity using water in which Māori are interested in the future. There is also preparation to negotiate co-governance and co-management arrangements under which Maori have a substantial say in the control of particular rivers throught Treaty settlements (Eg Waikato Tainui-Commercial Arm Tainui Trust). As well as the future of ‘Fresh Water’ management (Replacement of Resource Managements Act =3 New legislations), this is pursuant to a process known as ‘Fresh Start’. For ‘Fresh Water’ conducted by the Land and Water Reform. This has included extensive consultation with Iwi. Also parallel discussions between government ministers and the ‘Freshwater Iwi Leaders Group’. Mr. English summarised the Crown position as acknowledging that ‘Maori have rights and interests in water and geothermal resources”. He identified those interests being addressed on the ‘ongoing Waitangi Tribunal Inquiry’ and a number of ‘parallel mechanisms.

The Crown’s Position:- Is that any recognition must involve mechanisms that relate to ongoing use of those resources and may include decision making roles in relation to care, protection, use, access and allocation, and /or charges or rentals for us.

5.In 2016-The Ministry for the Environment was responsible for progressing policy development around the issues of water with Iwi/Maori Leadership Group. The interference of the Courts is non democratic. Judge Willy states this is the business of an elected government not that of the Courts.

The Determined Assault Goes On and On..On the Rule of Law which mandates in the matter of ‘Fresh Water’ allocation as in all areas of public policy, that the law apply equally to all regardless of colour, creed or status. (Law not Legality=Legislation). Clandestine discussions between government representatives and the Iwi Leaders Group- Yet NO person (people) will be permitted to own fresh water, have gone so far with virtually no comments by the media or wider public (Published 2016)

A well-intentioned attempt by the Courts IN THE 1980S to fill the lacuna created by the careless inclusion of the notion of “the principles of the Treaty’ in The State Owned Enterprises Act 1986 is open to apparently endless reinterpretation by activist Judges.  This is socially divisive and serves only to raise expectations where none should exist. It constitutes another skein in the rope of separatism which is choking off any chance of our remaining one people governed by one law for all.                         As barristers of thee High Court  they will of course keep in mind the statutory obligation imposed on them by S4(a) of the Lawyers and Conveyancers Act 2006 which provides:-

Fundamental obligations of lawyers: Every lawyer who provides regulated services must, in the course of his or her practice, comply with the following fundamental obligations:-

(a)the obligation to uphold the rule of law and to facilitate the administration of justice in New Zealand

REFERS TO:-An article published on 3^rd April 2016 by Judge Anthony Willy is a Barrister & Solicitor, served as a Judge on four courts:- District, Environment, Tax & Valuation. He is a former lecturer in Law at Canterbury University. He acts as an Arbitrator, a Commercial Mediator, Resource Management Act Commissioner and is the Director of Several companies

(Source of information https://www.nzcpr.com/water-the-rule-of-law-and-the-treaty/  )    Researched By Carol Sakey https://wakeupnz.org

Soft Law is non-binding, is used as a gap filler between non-binding UN- International Agreements. Hence it has some form of political legality, it appears legal but is not necessarily lawful. Be prepared for the ‘hard knocks’ of soft law. Lawful matters are ethically enjoined in the law of the land, the law of the people our actual nature.

The term ‘Soft Law’ is used to denote non-binding agreements, principles, declarations that are predominantly found in the International sphere such as UN Assembly resolutions. It was dubbed by a Commonwealth Interdepartmental Committee as a ‘grey-letter law’, has no legally binding force.

Soft Law is intended to influence conduct. The impact of ‘Soft Law’ plays a role in facilitating, mobilizing the consent of UN Member States that are required to establish binding international agreements. Soft Law is the non binding gap filler until UN Agreements are introduced into domestic policy.

Soft Law can be persuasive, have hard consequences, civil liberties and human rights become limited. September 2001 the UN and various global, regional selective institutions created a specific ‘Soft Law Eco-System’ that limits human rights. Soft Law has does not undergo serious human rights scrutiny

In ‘Soft Law’ there is nothing about specific impingement on human rights. Obligations of UN Member States to International UN Agreements can result in particularly harmful weak norms that can lead to serious human rights violations that undermines security for all.

Human Rights and Security are fundamentally entwined and co-dependent. Security without Human Rights protections is an illusion. Soft Law is developed in the form of resolutions, guidelines, technical manuals, opinions from informal or inaccessible institutions.

Lacks the meaningful process of public assessment by human rights experts. Is implemented in the absence of ‘Hard Law’ (Legislation.) ‘Soft Law can serve as the sole reference point for years, despite the lack of human rights input.

For example: NZ Government agreement of UN Agenda Non-Binding- entered into parliament as a Soft Law. For 5 years remained a ‘Soft Law’ until 2020 when Ardern entered it into domestic policy. Then became Hard Law (Legislation). Legally Binding.

Hence an ‘Osmosis’ takes place. Soft Law enters ‘Hard Law’ Legislation. There is a spiders web of ‘Soft Law’ norms within counter-terrorism standards in counter-terrorism institutions as to inconsistent human rights. Soft Law policies formulated without meaningful assessment of human rights impact

2011 Global Counter Terrorism Forum was an action orientated platform to combat vulnerability to terrorism which issued practises and recommendations on the implementation of counter-terrorism policies. Access limited for human rights entities and civil society

1989 Financial Action Task Force was founded, considered as the global standard, a setter of policies, combatting money laundering and terrorism financing. Recommendations were not legally binding but UN Member States strive towards compliance due to the benefits linked to membership. Its mandate contains no references to International Human Rights.

Common Law has been deliberately ignored- Firstly Do No Harm. The Common Good of All People. ‘Soft Law’ needs no political consensus, its accepted in parliament once the govt agrees to a non-binding international (UN) Agreement

25/09/2015.UN General Assembly unanimously adopted UN Agenda 2030 ‘Transforming our World: The 2030 Agenda to transform every aspect of peoples lives worldwide. Re-engineering of peoples behaviour, of society, infrastructure, economy, land use etc., in favour of WEF Stakeholder Corporate Capture.

Fitting hand in glove with Klaus Schwab’s WEF ‘Global Redesign Initiative’ otherwise known as the ‘4^th Industrial Revolution or the Great Reset’. The Decade of Action’, 2020 -2030 the deliberate destruction of the ‘free market’ economy, to replace it with ‘Multi-stakeholder’ Corporate Capture. This being the transforming out our we once knew it. The ‘New Normal’. WHO (UN) stating “We must never go back to the old normal”

NZ Govt signed UN Agenda 2030 in September 2015, it then entered parliament under ‘Soft Law’ until 5 years later, in 2020 Ardern entered UN Agenda 2030 into domestic policy hence it then became ‘Hard Law’ Legally Binding. (Legislation)

UN Agenda 2030 Global development goals are to be implanted globally, worldwide. Universally applicable to all countries, highlights challenges, the requirement for transformation of human behaviour from an old normal to a new normal. These are substantial behaviour changes, detrimental to living standards of all peoples, leaving no-one behind, everyone, everywhere at every age.

Each SDG addresses a specific range of issues, governmental goals, specifically detailed targets, within specific timeframes (2030, sometimes 2025). Supported by indicators which at regional and national level are to be developed by UN Member States. At the global level are established by a global indicator framework, that’s reviewed annually, has a comprehensive review every 5 years

The monitoring, revision of the SDGs, targets, indicators are entrusted to the ‘High Level Political Forum on Sustainable Development’ under the auspices of the UN Economic & Social Council. The aim to monitor human behaviour, the goal to transform- re-engineer all aspects of human behaviour. A massive one world strategy, firstly a nudge then a push, full compliancy requires a shove.

This One World Governance global strategy is exceptionally authoritarian, immoral theoretical tyranny. All UN Member States have agreed to implement this strategy on populations worldwide. Involves Central and Local Govts, parliaments, civil society, international and national institutions, NGO’s, Businesses-Corporations, Academia and Indigenous Communities

Religious Leaders including the Pope is fully involved whom wants the whole world to embrace UN Agenda 2030 as a moral duty to mother earth (Gaia). This is nothing short of cultism. Pope collaborating with Rothschilds, chaplain of the UN.

Its massively obsessively ambitious, enormously destructive. Deliberately promotes the plundering of sovereign nation states. The telling of the big lie is ‘Self Determination’. They determine your life, you do not that’s the end goal.

Its crazy insanity, courts around the world have already granted legal standing, constitution’s to grant legal personhood to rivers, non human parts of nature and to the earth itself. (Worship of Gaia -Mother Earth) Not God the creator.

13^th June 2019 WEF and UN entered an official strategic partnership agreement to accelerate UN Agenda 2030. A global corporate capture. The agreement grants transnational corporations preferential access to the UN System at the expense of UN Member Nations populations.  Includes NZ Sovereign people.

This UN -WEF partnership has been condemned by many, is seen as delegitimizing the UN, weakening the role of UN Member States in autonomous decision making. It formalises a very dangerous corporate capture of the UN System. A UN -WEF One World Corporate Governance. The UN-UN Member States are ineffective at holding corporations to account

Drives the world dangerously towards a privatised non-democratic global governance, corporate influence in the UN has been well known for years.

The Sovereign people of NZ did not vote for this global, nor was this publicly debated hence the Sovereign people of NZ have deliberately have been run rough shot over. A Government that namely a corporation planning the future of your life and that of your children’s, and future generations.

The stakeholder corporate public-private framework is pre-determines, pre-planned. The boiling frog. The frog is about to boil. Ouch will it hurt.. Yes, could it kill you. Yes. Will it kill your freedoms Yes. Unless we stand up to the political cronies in the toilet bowl of Wellington.  Stakeholder Capitalism has failed in the past, but then it was not implemented in such a global vast way.

Stakeholder Corporate Economy– the goal is destroy Free market enterprise-economy. Small businesses, farming communities. Without the Global Pandemic, the lockdowns, the plundering of the economies this leftist Socialist Marxist global entity would never have such massive power as it has now

Multi-stakeholder Corporate economy. Everything is at stake. Your freedom, human rights are at stake.(Non-democratic).  Free- market economy is about supply and demand. Businesses are innovated, consumers choose what they want to buy. Have the freedom to come up with new ideas, freedom of expression and democratic rights.

Jacinda Ardern is the poster child for UN Agenda 2030. The UN blueprint for Socialism reported the ‘Star News’ 16/11/2020 by Muriel  Newman NZ Centre for Political Research’

4.Refers to the Bill & Melinda Gates hosting of a Global Shapers event in New York. Ardern being guest speaker. Ardern boasts to the audience that under her admin she had taken the lead embedding UN Agenda 2030 into our regulatory framework, domestic policy making. Saying “NZ Govt is doing something no other countries have tried, incorporated the principles of Agenda 2030 into domestic policy making, to drive system level actions, an approach needed on a global scale”

Melinda Gates gave Ardern high praise as she told the audience that Jacinda Ardern had released an international human rights plan that NZ promises to take the lead on, among gender equality, women and girls empowerment. Melinda Gates described “Ardern as a true international leader that understands that the future of the world depends on eliminating inequality”

The non-binding ‘Soft Law’ was introduced by the National led Govt and the Labour led government introduced it into ‘Hard Law’ Legislation (team work)

John Key in 2015 praised the adoption of UN Agenda 2030 particularly he said ‘SDG 1 End all forms of poverty on this earth by 2030. The World Ban reported 2^nd May 2022. The new extreme poverty line of $2.15 per persay per person

COVID19. (Child poverty Ardern’s Portfolio)

Auckland Scoop News. Food and Financial Hardship in NZ. Reported today. Fruit and Veges increased by 23%. The lack of choice many people are experiencing when purchasing food. The effects of food security. 27/2/2023.

62% of families run out of food every week, 5.6% experience inadequate nutrition every day. 66% Experience stress about their inability to afford food weekly for their families. 35% feel constantly stressed about their inability to afford food (Press release by Vision West) West Auckland Community Trust. Wealthy corporations keep the poor in poverty. Unless you create the life you want then there is a great risk you will be eventually forced to deal with a life you do not want.

Chris Trotter article 12^th February 2023. Referring to Three Waters calling it a mastermind of misdirection. Tribal corporation already halfway into the deracinated world of global capitalism, well hidden from their own people behind swirling veils of Māori mysticism.

Any politician willing to front this power grab by the Iwi Elite Corporations is bound to become a lightening rod for all manner of racially charged criticism and abuse.  Deliberately silencing, censoring freedom of speech all part of stakeholder corporate capitalism. Your freedom is seriously at stake.

Part and parcel of the UN-WEF multi-stakeholder partnership of UN Agenda 2030. Transforming our world SDG 6. ‘Water’ UN Agenda 2030, received great praise in Parliament in 2015. The ‘Soft Law’ gap filler. Arderns ‘Hard Law’ -Hard to swallow. Whatever Hipkins or any other MP says. UN Agenda 2030 ‘Water SDG6 like all the other SDGs are all part of the Governments legislations. Don’t be fooled its not going away.

5.LINKS

SOFT LAW – HARD LAW – DISABLING THE SOVEREIGN STATE ‘THE SOVEREIGN PEOPLE ‘

Chris Trotter: The privatisation two-step – is Three Waters a masterpiece of misdirection? – Point of Order (wordpress.com)

Auckland.Scoop » Food And Financial Hardship In Aotearoa New Zealand – PART TWO – The Effects Of Food Insecurity

Goal 1 Ending all forms of poverty everywhere. Impossibibility.

https://www.un.org › sustainabledevelopment › povertyEradicating extreme poverty for all people everywhere by 2

https://www.beehive.govt.nz/speech/gender-equality-and-2030-agenda-sustainable-development

https://www.intersentiaonline.com/publication/the-private-side-of-transforming-our-world-un-sustainable-development-goals-2030-and-the-role-of-p/2

https://www.fian.org/en/press-release/article/wef-takeover-of-un-strongly-condemned-2273

https://www.odt.co.nz/star-news/star-opinion/nzs-path-united-nations-agenda-2030

Auckland.Scoop » Food And Financial Hardship In Aotearoa New Zealand – PART TWO – The Effects Of Food Insecurity

https://geopolitique.eu/en/articles/the-role-of-soft-law-in-global-governance-heading-towards-hegemonic-influence/

https://geopolitique.eu/en/articles/the-role-of-soft-law-in-global-governance-heading-towards-hegemonic-influence/

2019 Jacinda Ardern was the guest speaker at a private gathering in New York which was hosted by Bill and Melinda Gates. She boasted to the audience that New Zealand is the first country in the world to embed UN Agenda 2030 in NZs Legislation and Regulatory framework.  UN Agenda 2030 was non-binding however once entering it into domestic policy becomes binding. The gathering was an event arranged by Goalkeeper an organization set up by the Gates Foundation in 2017 to accelerate UN Agenda 2030 with its 17 goals which include 169 targets globally.

The first in the world, the leader of human experiments, the experimental path of UN Agenda 2030, to leave no-one behind, everyone, everywhere at every age. Prior to implementing Agenda 2030 into NZs domestic policy did the opposition publically warn us, after all this is a global economic, social engineering strategy to be actioned at local level.

UN Agenda 2030 was however in the 2017 ‘Confidence and Supply Agreement’ between the Labour Party and Greens, but the name was missing, it was merely a commitment to 17 Sustainable Development Goals.

Agenda 2030 featured in the 2017 Confidence and Supply Agreement between the Labour Party and the Greens – although not by name. Instead, the parties made a commitment to the 17 Sustainable Development Goals that underpin Agenda 2030: And yes Jacinda Ardern became the poster child of UN Agenda 2030.

In 2018 Ardern spoke at the Conference on Sustainability in New York, she again boasted that her intention was to lead the world by embedding the UN Agenda 2030 SDGs into NZ’s domestic affairs saying :we have decided to try something no other country has done before, we have embedded the SDG Indicators into everything we do. (NZ Government chooses to do) She pointed out that traditional measures of progress for economic growth would no longer exist but these traditional methods would be replaced by new experimental indicators, “a national achievement that go far beyond growth”, she said.

Ardern’s ambitious project namely Indicators Aotearoa N Z, the creating of a set of indicators across varying dimensions eluding to New Zealanders future economic, cultural, social, environmental wellbeing. The introduction to the ‘Wellbeing’ Budget’ was not an innovative strategy to grow NZ’s economy it was merely the beginning phase of Ardern’s deliberate Socialist degrowth of our country. The plundering of New Zealand had begun. Ardern introduced the ‘Wellbeing Budget’. Never mind growth because she had already started taking the country into ‘degrowth’, and 2022 the global media familiarly report purposeful, deliberate ‘Degrowth’. . Ardern has said “whilst economic growth is important and something we will continue to pursue, it alone does no guarantee improvements to New Zealanders living standards”, and so New Zealanders living standards started to drop, as more people joined the public housing waiting list.

To publicly oppose any of Ardern’s decision making, pending legislations, regulations makes one the governments political politicking target practice. Failure to be compliant to government demands means that deliberate character assassination is deal out by the governments purchased mainstream media. Sadly far too many people in New Zealand can not, or choose not to conjure up moral courage to publicly speak out for one reason or another.

The housing crisis in New Zealand is a nightmare, the high cost of housing and sections. I have to wonder does anyone just purchase a section anymore. All I see are’ pack and stacks’ hastily being built all over Auckland. I wonder whatever happen to council bylaws etc., where a huge number of townhouses over shadow peoples property next door, stopping the sunlight, spoiling their privacy, built right close to the boundary fence line. The intensification of housing ‘Agenda 2030’ Smart Growth.

Everything is just so entrenched in an ideological global framework of so called ‘Smart ‘Cities’ which don’t look that smart to me. No gardens for the children to play in and n o apple tree to climb, eem yes my dreams of yesteryear. No children playing  with the neighbours kids in the cul-de-sac’s now its little ones in pushchairs with cell-phones in hands. Both parents having to work to survive, children put into day care during their parents working day, they have no choice of being a ‘stay at home mum’

Now its all about ‘Smart Growth’, Agenda 2030,  surveillance camera’s and the talk of transhumanism where humans meet machines and become robot like. The UN Agenda 2030 that Ardern boasted about on the global stage, as she implied that she would take the lead, the lead to control every aspect of our lives, the UN-WEF have mapped it all out. Destruction of ‘free-market enterprise economy’, replacing it with ‘multi-stakeholder Capitalist corporations’, in public-private partnership with governments worldwide. Corporations in the drivers seat, government (regime) as the back seat passenger, small businesses and rural communities – farmers are the roadkill, those that New Zealand’s socialist regime deliberately throw under their tractors. The government using the farmers as their whipping boy in their ambitious climate hoax scheme. Yes, New Zealand the ‘guineapig state’.

There is no open public debate and no justification for Ardern’s actions nor that of any of the other political cronies in the toilet bowl of Wellington… In my research I have touched on UN Agenda 21, Agenda 2030. Agenda 2050 and Agenda 2063 in on the table yet to be exposed worldwide. The UN Global Socialist States of the World. Socialism has failed miserably and caused huge suffering in the past. If you wear a blindfold and a mask around your mouth time to get rid of both and see it for what it really is. Ardern has gone replaced by Hipkins, just rearranging the deckchairs on the Titanic.

Yes New Zealand truly is a guineapig state number one alongside Australia for human trials. New Zealand with its one regularity agency-Pharmac. A small populated country with numerous cultures, ethnic groups that live her. For human experiment, varying cultures are important part of human trials. NZ is the first country to see the rising of the dawn which is advantageous when it comes to the rest of the world. Much needed cancer drugs for example are often too expensive for people to buy, hence more people are inclined to take part in human trials. New Zealand has one of the quickest time frames for human trials to be completed, therefore saves drug companies, research agencies lots of money. ‘Wealth NOT Health’

New Zealanders have become guineapigs of socialist experiments.  Ardern also offered New Zealanders up to be guineapigs for the World Economic Forums ‘Reimagining Regulation for the Age of AI

Back in 2013 Google chose New Zealand to be the guineapig for global tech firms. Facebook has enthusiastically used New Zealanders as guineapigs when they trailed a scheme where user pay to make their posts more prominent on friends newsfeeds. In 2011 Facebook also rolled out its timeline feature first in New Zealand in 2011 saying at the time “As a global company we need to gain perspective and insights from outside the US”

The LinkedIn social network also tested its endorsement feature in New Zealand

However Googles Project Loon is probably the most ambitious high tech test carried out in New Zealand, this aimed to bring the internet to 2/3rds of the global population currently without web  access. This involved send 30 helium filled balloons to the edge of space above the South Island, each of these balloons were carrying transmitters capable of beaming wi-fi internet access down to antennae on properties below. Googles ultimate goal was a network of thousands of these balloons thus creating a  network that provides online access to anywhere in the world.. this was Googles dream and still remains Googles dream.

NOTE; Guinea pigs often sleep with their eyes open looking like they are in a trance. COVID19 Guineapig State. Ministry Of Health reported ‘COVID19 Vaccine trials and testing..ongoing trials, safety monitoring and real world data from COVID19 vaccination programmes worldwide provide us with useful information.

We are in phase 3 of the clinical vaccine (Jab) trials as the government determine whether the Pfizer BioNTech COVID19 jab is safe and effective.  YES this government purchased enough of these shots for every man, woman and child in New Zealand to be a guineapig for this human clinical trial. Coerced, blackmailed, lied to, manipulated and mandated into being guineapigs in global Human Clinical Trials as Guineapigs. And to top it off the government ignores the multitude of post jab deaths and numerous severe adverse events.

NOTE: A Texas Court demanded that FDA share their thousands of papers that Pfizer produced to gain authority to market their jab. This information will not be available to the public until at least 2024. Therefore NZ Government know jack shit about the Pfizer drug and all its contents, however they do know that there are huge risks but continue to announce this is for the public good, benefits the public with zilch risks.

October 2022 Pfizer admitted in European Court it did not test their jab to see if it stopped transmission of the virus before it entered the global market place . Governments, including NZ Govt continues to lie to us. If a person has a COVID test and it comes up positive e, if they die within 28days of that positive test they are counted as a COVID death. This was introduced 10^th March 2022 in NZ. The World Health Org., (UN) requested that all countries align themselves in counting COVID19 deaths in this way. Therefore a suicide, a post jab death, a motor vehicle accident, being shot by the police equates to a COVID death if that person came up with a positive COVID19 test within 28 days of their death. The window of time can be expanded and has been in the UK.   ZILCH TRANSPARANCY AND THE BULL SHITE LIES CONTINUE. Just keep people in the state of fear, so they are easier to control.

Guineapigs that sleep with their eyes open as if in a trance.