Protecting New Zealand’s sovereignty from the imminent threat of the TPPA
Letters Rogatory can now be sent by hapū to the embassies of all prospective TPPA countries, notifying them that the Crown does not have due authority to sign for New Zealand.
Suggested process follows. Please share widely – share buttons at bottom.
> Update 26 July 2015 at 1150pm: first letter sent that we know of is HERE <
For the attention of: all Claimants in the Waitangi Tribunal Claims numbers WAI 1040, 2522, 2533, 2530, 2531, 2532, 2533, and 1427; Ngā Rangatira o Ngā Hapū katoa o Aotearoa / Nu Tireni – for ALL hapū; and any New Zealander concerned that the TPPA may impact negatively upon themselves or the country.
The Crown is as little as four days from ceding New Zealand’s sovereignty to a tribunal for foreign investors, notably international bankers(1), enabling these investors to call in the material resources of the nation(2) upon the default of any unrepayable paper or electronic debts (unrepayable due to the practice of usury(3)). New Zealand is a small economy within the proposed TPPA zone, and is essentially looking at the same fate as Greece – that is, being stripped of its assets by exploitative bankers.
The Claimants and Hapū around the country above need to communicate as soon as possible with the other nations taking part in the TPPA negotiations using Letters Rogatory (interstate requests for assistance) and inform them:-
a) that the New Zealand Government is conducting negotiations of national importance without consulting its equitable partners Ngā Rangatira o Ngā Hapū katoa o Aotearoa / Nu Tireni who collectively hold tino rangatiranga or effective right of veto in matters of state, and that this fact renders the TPPA negotiations null and void on New Zealand’s part because the Crown does not have the due authority to conduct such negotiations without the agreement of the Rangatira, which has not been given
b) that the Crown is in breach of its Treaty obligations by virtue of its actions above, and is acting unconstitutionally and unlawfully in terms of international law
c) that the Claimants and Hapū in New Zealand have been exhausting their legal remedies via the Waitangi Tribunal, but that the Crown has been attempting to deny remedy by claiming authority to act unilaterally and imminently, which authority it demonstrably does not have as shown by the Waitangi Tribunal Claims numbers WAI 2522, 2533, 2530, 2531, 2532, 2533, and 1427 and also by the November 2014 findings of the Waitangi Tribunal Inquiry into the WAI 1040 Claims at http://www.justice.govt.nz/tribunals/waitangi-tribunal/Reports/he-whakaputanga-me-te-tiriti-the-declaration-and-the-treaty-the-report-on-stage-1-of-the-te-paparahi-o-te-raki-inquiry
d) that the Hapū / Claimants are now exercising their right of veto to declare the negotiations void with respect New Zealand’s involvement in the formation of the Trans-Pacific Partnership Agreement, and that this situation of veto will remain until they are fully informed of, and explicitly agree to the terms of the Partnership (which have hitherto been kept secret).
– The Claimants and Hapū further need to request and require that the other States do not sign the Trans-Pacific Partnership Agreement with the New Zealand Government or its representatives, as in doing so those States would be assisting in a process that undermines the Constitution of New Zealand.
– In the event where a Trans-Pacific Partnership Agreement has already been signed with New Zealand, the Claimants and Hapū need to inform the other TPPA signatories as soon as possible that the Agreement is null and void on the grounds above and must be rescinded on New Zealand’s part; and further that their assertions that the Government did not have the right to act unilaterally in signing were a matter of public record via the Waitangi Tribunal and should have been considered by other parties to the TPPA in their due diligence checks of their prospective partners. It would however be courteous to inform them by whatever means before they do sign, and would also prevent the Crown from claiming a fait accompli (which seems to be its sole strategy).
– Finally it should be noted by Claimants that Letters Rogatory are inter-jurisdictional communications that usually require a seal, either that of the Hapū / Maori authority concerned or possibly that of a Notary Public in the Common Law jurisdiction of New Zealand. The seal of a lawyer of an NZ court would seem to put such letters under the jurisdiction of the NZ Crown, and therefore defeat the tino rangatiratanga that is being exercised. Letters Rogatory should also be in plain English for ease of understanding, with clear translations of any Maori terms used (such as tino rangatiratanga).
A full list of contacts for service follows at bottom. Copies of Letters Rogatory should be sent recorded delivery directly to the State Department / Foreign Offices concerned, and ideally copied to the Ambassadors / High Commissioners of the various states concerned (a list of these are at bottom).
Notes on the seriousness and implications of the TPPA
(1): the Crown has stated in its memoranda to the Waitangi Tribunal that the TPPA may be signed in Hawaii by 27 July 2015: https://forms.justice.govt.nz/search/Documents/WT/wt_DOC_93499077/Wai%202522%2C%203.1.0020.pdf
(2): the TPPA Investment Chapter leaked on 25 March 2015 clearly states that an International Bank sited in the TPPA zone (an “Investor of a Party”) may be given rights (of control or ownership) “with respect to natural resources that a national authority controls, such as for their exploration, extraction, refining, transportation, distribution, or sale… (or) to supply … power generation or distribution, water treatment or distribution, or telecommunications… (or) to undertake infrastructure projects, such as the construction of roads, bridges, canals, dams, or pipelines.” The “investments” in question can easily be national debts owed by New Zealand, and the “rights” can easily be over publicly controlled assets that are secured in relation to those debts. Alternatively, the Government can straight-out cede such rights via “Investment Agreements”. See https://wikileaks.org/tpp-investment/WikiLeaks-TPP-Investment-Chapter.pdf , especially the Definitions that start at the beginning of the chapter (pages 12-2, 12-3, 12-4, 12-5).
The above means that international bankers can basically get control and ownership of the country’s taonga that are supposed to be protected under the Treaty of Waitangi and the general public trust. Other investors might get options, but bankers actually create money so they have an unlimited supply of it (and they are in bed with all TPPA governments). The TPPA is unquestionably set up for – and most probably by – these international bankers.
NB: This scenario much more pressing that that of Governments being sued by cigarette manufacturers for infringing their profits via health legislation, which is a red-herring interpretation of the powers of the Investment Chapter (although seemingly correct). The core issue here is the almost-certain asset-stripping of the nation via usury imposed by foreign financial interests, by means of the TPPA.
NB also: If any Government reneges on its contracts with investors under the TPPA and nationalises or requisitions any covered investments / assets following civil unrest (which are specifically mentioned in the chapter, somewhat disconcertingly) then it must pay international investors compensation – https://wikileaks.org/tpp-investment/WikiLeaks-TPP-Investment-Chapter.pdf (Article II.6bis and Article 11.7: pages 12-9, 12-10, 12-11). If it doesn’t, then the other signatory countries of the TPPA will almost certainly restrict trade with the offending country, or otherwise punish it. Therefore this is a free trade agreement with the explicit condition that international investors will be allowed to divest nations of their assets by means of usury – and if they resist they must pay.
(3): Usury is the practice of charging interest on credit that cannot, in the main, be repaid. It cannot be repaid on average because the general money supply is controlled and limited by bankers, so that the overall volume of money in circulation is not sufficient to pay back the loans in existence as well as the interest due. When the principal plus interest cannot be repaid, securities on the debt can be called in (in this case, water and mineral rights, public utilities rights etc).
It’s worth mentioning that as well as being usury, this banking practice is fraud, as the credit extended (and secured) is always called a Loan or Lending – but it is not lending, because under modern banking practice the funds in question are created after the credit agreements they relate to are signed. “Lending” indicates the prior existence and ultimate ownership of something – which does not apply in the case of spontaneously created credit funds extended to a “borrower”. Further, when interest is charged on this credit, a Pecuniary Advantage by Deception is gained by banks; and when land secured against a debt is acquired by banks, Property is Obtained by Deception. These actions are illegal under the Crimes Act 1961 – see http://www.legislation.govt.nz/act/public/1961/0043/latest/DLM330275.html. The TPPA opens this fraud opportunity up to an international level, via the leaked Investment Chapter of the TPPA. Thus the TPPA seems to be criminal under New Zealand law, and the government also seems to be engaging in a conspiracy to defraud its people.
A busy time in the days ahead. Kia kaha.
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Contact details for all prospective TPPA countries
Taken from Annex II-D of the Investment Chapter, page 12-38 at https://wikileaks.org/tpp-investment/WikiLeaks-TPP-Investment-Chapter.pdf.
Fax numbers and Embassy details have been added where possible, with web pages. These can be checked at http://mfat.govt.nz/Embassies/2-Foreign-representatives-to-NZ/Diplomatic-and-Consular-List.php
It may be fastest for initial contact to scan the Letter Rogatory (which could be one letter copied to all parties) and send it to the Foreign ministers etc concerned via the various email addresses of the High Commissioners / Ambassadors in New Zealand.
Department of Foreign Affairs and Trade
R.G. Casey Building
John McEwen Crescent
Barton ACT 0221
Fax: +61 2 6261 3111
Email not known
Australian High Commission, Wellington
Street Address: 72-76 Hobson Street, Thorndon, Wellington 6011
Postal Address: PO Box 4036, Wellington 6140
Telephone: (04) 473 6411
Facsimile: (04) 498 7139
Office hours: 8.30 a.m.-5 p.m., Mon-Fri
His Excellency Mr Michael Potts, High Commissioner (18 July 2012)
The Permanent Secretary
Ministry of Foreign Affairs and Trade
Bandar Seri Begawan, BD 2710
Fax: +673 2 262 476
Office of the Deputy Attorney General of Canada
239 Wellington Street
High Commission of Canada, Wellington
Street Address: Level 11, 125 The Terrace, Wellington 6011
Postal Address: PO Box 8047, Wellington 6143
Telephone: (04) 473 9577
Facsimile: (04) 471 2082; (04) 495 4119 (Political)
Office hours: 8.30 a.m.-12.30 p.m., 1.30 p.m.-4.30 p.m., Mon-Fri
Additional Office hours: 8.30 am-12.00 noon, Mon-Fri (Consular)
His Excellency Mr Mario Bot, High Commissioner (29 June 2015)
Dirección de Asuntos Jurídicos del Ministerio de Relaciones Exteriores de la República de Chile
Phone: +56 2 2827 4200
Embassy of the Republic of Chile, Wellington
Street Address: Level 4, Pencarrow House, 58-66 Jervois Quay, Wellington 6011
Postal Address: PO Box 3861, Wellington 6140
Telephone: (04) 471 6270
Facsimile: (04) 472 5324
Office hours: 9 a.m.-5 p.m., Mon-Fri
Additional Office hours: 9 a.m.-1 p.m., Mon-Fri (Consular)
His Excellency Mr Isauro Torres Negri, Ambassador (17 April 2012)
Ministry of Foreign Affairs
2-2-1 Kasumigaseki, Chiyoda-ku
Embassy of Japan, Wellington
Street Address: Majestic Centre, Level 18, 100 Willis Street, Wellington 6011
Postal Address: PO Box 6340, Marion Square, Wellington 6141
Telephone: (04) 473 1540
Facsimile: (04) 471 2951
Additional Contact Details:
Website: Embassy of Japan in New Zealand
Office hours: 9 a.m.-5 p.m., Mon-Fri; (Chancery, Level 18)
Additional Office hours: 9 a.m-4.30 p.m., Mon-Fri (Consular and Visa section, Level 18)
His Excellency Mr Toshihisa Takata, Ambassador (15 July 2015)
Attorney General’s Chambers
Level 16, No. 45 Persiaran Perdana
Federal Government Administrative Center
High Commission for Malaysia, Wellington
Street Address: 10 Washington Avenue, Brooklyn, Wellington 6021
Postal Address: PO Box 9422, Wellington 6141
Telephone: (04) 385 2439
Facsimile: (04) 385 6973
Office hours: 9 a.m.-1 p.m., 2 p.m.-5 p.m., Mon-Fri
Her Excellency Dato’ Kim Eng Lim, High Commissioner (30 October 2014)
Direccion General de Consultoria Juridica de Comercio Internacional
Alfonso Reyes #30, piso 17
Col. Hipodromo Condesa
Embassy of Mexico, Wellington
Street Address: Level 2, AMP Chambers, 185-187 Featherston Street, Wellington 6011
Postal Address: PO Box 11-510, Manners Street, Wellington 6142
Telephone: (04) 472 0555
Facsimile: (04) 496 3559
Website: Embassy of Mexico in New Zealand
Office hours: 9 a.m. -5 p.m., Mon-Fri
Additional Office hours: 9 a.m. -2 p.m., Mon-Fri (Consular)
Her Excellency Ms Rosaura Leonora Rueda Gutierrez, Ambassador (15 September 2011)
Dirección General de Asuntos de Economía Internacional,
Competencia y Productividad
Ministerio de Economía y Finanzas
Jirón Lampa 277, piso 5
Embassy of the Republic of Peru, Canberra (for NZ)
Street Address: 40 Brisbane Avenue, Barton, ACT 2600, Australia
Postal Address: PO Box 106, Redhill, ACT 2603, Australia
Telephone: (61 2) 6273 7351; (61 2) 6273 7352
Facsimile: (61 2) 6273 7354
Office hours: 9 a.m.-4 p.m., Mon-Fri
His Excellency Mr Luis Felipe Quesada Inchaustegui, Ambassador (31 March 2011)
Ministry of Trade & Industry
100 High Street #09-01
Singapore High Commission, Wellington
Street Address: 17 Kabul Street, Khandallah, Wellington 6035
Postal Address: PO Box 13-140, Johnsonville, Wellington 6440
Telephone: (04) 470 0850; (04) 464 0030 (Defence Adviser)
Facsimile: (04) 479 4066; (04) 464 0024 (Defence Adviser)
Office hours: 9 a.m.-1 p.m., 1.45 p.m.-5 p.m., Mon-Fri
Additional Office hours: 9 a.m.-5 p.m., (Consular); 9 a.m.-1 p.m., (Visa application hours)
His Excellency Mr Bernard Baker, High Commissioner (15 July 2015)
Mrs Susan Baker
Executive Director (L/EX)
Office of the Legal Advisor
Department of State
Washington, D.C. 20520
United States of America
Embassy of the United States of America, Wellington
Street Address: 29 Fitzherbert Terrace, Wellington 6011
Postal Address: PO Box 1190, Wellington 6140
Telephone: (04) 462 6000
Facsimile: (04) 472 3537
Email: call for email
Office hours: 8.15 a.m.-5 p.m., Mon-Fri
His Excellency Mr Mark Gilbert, Ambassador (9 February 2015)
Department of International Law
Ministry of Justice
60 Tran Phu Street
Ba Dinh District
Embassy of the Socialist Republic of Viet Nam, Wellington
Street Address: Level 21, Grand Plimmer Tower, 2-6 Gilmer Terrace, Wellington 6011
Postal Address: PO Box 8042, Wellington 6143
Telephone: (04) 473 5912
Facsimile: (04) 473 5913
Additional Contact Details: (021) 898 814
Office hours: 9.00am-12.00noon; 2.00pm-5.00pm, Mon-Fri
His Excellency Mr Viet Dung Nguyen, Ambassador (17 September 2014).