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Michael Peti made this Official Information request to Land Information New Zealand

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From: Michael Peti

Dear Land Information New Zealand,

Unique identifier section 12

From: Michael Peti

September 04, 2019

Certificate of title Waste Land Act 1874 Province Auckland
ss 24, 27, 65, 66
New [New Zealand Arms] Zealand
Reference
Vol [16], folio 226
Transfer No:1138
Certificate of title under the Land Transfer Act
This certificate, dated the 2nd day of one thousand nine hundred and SIXTY-FIVE [ Grant under the Auckland Waste Land Act1874 ], under the hand and seal of the District Land Registrar of
the Land Registration District of [NORTH AUCKLAND], witnesseth that [JOHN HARRIS, THOMAS HARRIS, JAMES HARRIS, FRANK HARRIS, JOSEPH HARRIS, LIZZIE HARRIS, MARIA HARRIS, ANNIE HARRIS, CHARLOTTE HARRIS, LYRIA HARRIS, and MARGARET HARRIS ] are seised of an estate
in fee simple, (subject to such reservations, restrictions, encumbrances, liens, and
interests as are notified by memorial underwritten or endorsed hereon) subject also to
any existing right of the Crown to take and lay off roads under the provisions of any
Act of the Parliament of New Zealand, in the land hereinafter described, delineated with bold black lines on the plan hereon be the several admeasurements a
little more or less, that is to say: All that parcel of land containing [56 acres 1 rod 21 perches more or less being allotment 1 parish MOTUKARAKA ].
[Seal]
District Land Registrar.
Schedule 1 form 2: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act
1986 (1986 No 114).
Reprinted as at
1 January 2018 Land Transfer Act 1952 Schedule (1)
147
Abatement of freehold
Ballentine's Law Dictionary
Definition:
Wrongful entry and taking possession of real property by a stranger, before the heir or devisee has entered. See 25 Ohio St. 260.
Abatement of Freehold
Black's Law Dictionary: 2nd Edition
Definition:
This takes place where a person dies seised of an inheritance, and, before the heir or devisee enters, a stranger, having no right, makes a wrongful entry, and gets possession of it. Such an entry is technically called an "abatement," and the stranger an "abator." It is, in fact, a figurative expression, denoting that the rightful possession or freehold of the heir or devisee is overthrown by the unlawful intervention of a stranger. Abatement differs from intrusion, in that it is always to the prejudice of the heir or immediate devisee, whereas the latter is to the prejudice of the reversioner or remainder-man; and disseisin differs from them both, for to disseise is to put forcibly or fraudulently a person seised of the freehold out of possession. 1 Co... Inst 277a; 3 Bl. Comin. 166; Brown v. Burdick, 25 Ohio St. 268. By the ancient laws of Normandy, this term was used to signify the act of one who, having an apparent right of possession to an estate, took possession of it immediately after the death of the actual possessor before the heir entered. (Howard, Anciennes Lois des Franqais, tome 1, p. 539.) Bouvier.
Yours faithfully,
Michael Peti

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From: Michael Peti

September 05, 2019

Dear Privacy Commissioner,
Motukaraka
(In the claim of McDonell)= Fraud
At the Court at Hokianga on Friday 12 March 1858
Christopher Harris being duly sworn
States
My wife Ngahuia has a claim to a part of the land now settled as the Boundary of Capt McDonnell’s purchase at Motukaraka. It was in the right of her mother, whose name was Ruu. The land is on the west side of the ridge. I always heard from the Chief that they admitted her right; ever since I lived there. I was married to her by Bishop Pompallier in 1838 and have lived there ever since. Now that the Boundaries are finally settled I wish to have a piece of land set out for me there, as I have twelve children all by my wife, and wish to have a small provision for them.
With respect to the Boundaries of the Motukaraka claim, those now settled are the same as were declared before Major Richmond. I was present at the investigation by Major Richmond and was also present when Mr. White set out the boundary on the ridge. The Boundaries now fixed are exactly the same as the natives pointed out to Major Richmond. When Captain McDonnell went up the Toro Hicro to take proportion I was told by the natives he went up in a boat with people from his boat’s crew, but the natives of Motukaraka did not accompany him. The house (Waipuna) on the point was built by Utuiti about three years ago – there have always been houses of some kind there Captain McDonnell could never get the natives off the ground, they have always held a proportion of it.
Christopher Harris Testament
Sworn before me at Hokianga
12 March 1858
T.D. McDonnell’s
Allodial or Aolldium Title in Fee Simple in Part Christopher Harris Wharau G
Maori Freehold Land in the second Part 100(2)e
Seisin Federal Law Code of Civil Procedures
The ceremony of Livery of Seisin 1838
7 Children hold 657 shares each in Equity = 4599 Proof of ownership in real property
Testament, civil law. the appointment of an executor or testamentary heir, according to the formalities proscribed by law. Domat,Liv.1,tit.1,s.1.
Yours faithfully,
Michael Peti

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From: Michael Peti

September 05, 2019

Dear Privacy Commissioner,
119 Protection of under lessees on forfeiture of superior leases
Where a lessor is proceeding, by action or otherwise, to enforce a right of re-entry or forfeiture under any covenant, proviso, or stipulation in a lease, the Court may, on application by any person claiming as underlessee any estate or interest in the property comprised in the lease, or any part thereof, either in the lessor's action (if any) or in any action brought by that person for that purpose, make an order vesting, for the whole term of the lease or any less term, the property comprised in the lease, or any part thereof, in any person entitled as underlessee to any estate or interest in that property, upon such conditions as to execution of any deed or other document, payment of rent, costs, expenses, damages, compensation, the giving of security, or otherwise as the Court in the circumstances of each case thinks fit; but in no case shall any such underlessee be entitled to require a lease to be granted to him for any longer term than he had under his original underlease.
PART IV
MISCELLANEOUS POWERS
Tokerau District
Trustee under
this Part of
this Act.
1950, No. 41
Sections 355
and 540 of
principal Act
repealed.
55. Whereas the land is known as Allotment 1, Parish Declaring
of Motukaraka (Wharau), situated in Block XIII, Lot
Mangamuka Survey District·, XIII the North Auckland Land ( Wharua G ),
District, being the whole of the land comprised in certificate freehold of title, Volume 16, folio 226, Auckland Registry
No. 98] Maori Purposes [1950
this section referred to as the said land), was at one time
owned by a European, one Christopher Harris, and was
later transferred by him to his eleven children, being
Maoris within the meaning of the principal Act: And
whereas the said land now constitutes the Motukaraka
Maori Settlement and it is considered that for its better
future utilization and control it is desirable that the said
land should be declared to be Maori freehold land: Be it
therefore enacted as follows:-
(1) The said land is hereby declared to be Maori freehold
land.
(2) This section shall be deemed to have come into
force on the second day of April, nineteen hundred and
fifty.
Compare: 1908 No 152 s 96
Yours faithfully,
Michael Peti

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From: Michael Peti

September 05, 2019

Letter of Administration of estate P.no.1052/1969
acting under rule 426(H),397,517,531(d),531(M) insurance bond fire insurance which was to descend will of a testator was made in 1858 my grandmother died intestacy claim my grandfather died 1969 claim against the High court breach.
Yours faithfully,
Michael Peti

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From: Customer Support
Land Information New Zealand

Good Morning Michael

Thank you for your enquiry, I have forwarded this to Ministerial
Services and they will respond to you directly.

Kind regards

Patrick
Land Information New Zealand
0800 665 463
Hours of Support: 0700 to 1730 - Monday to Friday
[1][email address]

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From: Ministerial Support
Land Information New Zealand

Good afternoon,

 

The information you’ve submitted has been sent to me to process. However,
it’s unclear to me what exactly it is that you’re requesting.

 

Section 12(2) of the Official Information Act 1982 (the Act)  states:

The official information requested shall be specified with due
particularity in the request.

 

http://www.legislation.govt.nz/act/publi...

 

Could you please reply and specifically indicate what it is you’re
seeking? You reference Record of Title NA16/266 and Transfer 1138 in your
included information. These are both publicly available by ordering them
from our website:

https://www.linz.govt.nz/land/land-recor...

 

As noted on our website, there is a $15 to receive a copy of the title.
You would likely need to provide an address other than requests.FYI.org
for us to send the title to. Please note that while there is a fee, the
Ombudsman has previously made findings that while an agency may require
the payment of a nominal fee for information, that information is still
considered publicly available.

 

You can find the guide from the Ombudsman’s Office here:

http://www.ombudsman.parliament.nz/resou...

 

Page 19 – Request made under the LGOIMA

Case 305527 (2011)—Property valuation data available for purchase

 

The Ombudsman concluded that the information was publicly available, and
the request could be refused under section 17(d) of the LGOIMA. The fact
that it might be necessary to pay a commercial rate for information of
commercial value did not make recourse to section 17(d) unreasonable.

 

 

Page2 19-20 – Request made under the OIA

Case 177600 (2008)—Vehicle registration information available for purchase

 

If [an agency] properly refuses a request under [section 18(d)], the
charging provisions in the [OIA] do not apply. A situation where [an
agency] can clearly rely on section 18(d) is where it publishes the
information and advertises this as available for purchase at a set price
by any person.

 

I also note that in the body of material submitted are several “Link to
this” references. However, there is no actual link included. If the link
is question is required to for us to provide information in response to
your query, please provide the full link address.

 

Once you have responded with requests for specific information, we will
process your request; at this point in time it does not appear to be a
valid/actionable request under the Act.

 

Regards,

 

 

Chris Fletcher

 

 

Christopher Fletcher
Advisor | Ministerial Support & Official Correspondence
Policy and Overseas Investment 

 

E  [email address]

 

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From: Michael Peti

Dear Ministerial Support
I ASKED FOR MY UNIQUE IDENTIFIERS UNDER PRINCIPLE 12(3)

I asked for my Unique identifiers (principle 12)(3) which states under
(3) An agency that assigns unique identifiers to individuals shall take all reasonable steps to ensure that unique identifiers are assigned only to individuals whose identity is clearly established.
SUI JURIS
One who has all the rights to which a freemen is entitled; one who is not under the power of another, as a slave, a minor, and the like.
To make a valid contract, a person must, in general, be sui juris. Every one of full age is presumed to be sui juris
CONCLUSIVE
What puts an end to a thing. A conclusive presumption of law is one which cannot be contradicted even by direct and positive proof. Take, for example, the presumption that an infant is incapable of judging whether it is or is not against his interest. When infancy is pleaded and proved the plaintiff cannot show that the defendant was within one day of being of an age when the contract was made and perfectly competent to make a contract.
CONCLUSIVE EVIDENCE
That which cannot be contradicted by any other evidence. For example, a record, unless impeached for fraud, is conclusive evidence between the Public Works and the Crown

WILL
The power of the mind which directs the actions of a man.
In criminal law, it is necessary that there should be an act of the will to commit a crime, for unless the act is wilful it is no offense. It is the consent of the will that renders human actions commendable or culpable, and where there is no win there can be no transgression.
The defect or want of will may be classed as follows: 1. Natural, as that of infancy. 2. Accidental; namely, 1st. Dementia. 2d. Casualty or chance. 3d. Ignorance. 3. Civil; namely, 1st. Civil subjection. 2d. Compulsion. 3d. Necessity. 4th. Well-grounded fear
75 Certificate to be evidence of proprietorship
(1) Every certificate of title duly authenticated under the hand and seal of the
Registrar shall be received in all courts of law and equity as evidence of the
particulars therein set forth or endorsed thereon, and of their being entered in
the register, and shall, unless the contrary is proved by the production of the register
or a certified copy thereof, be conclusive evidence that the person named in
that certificate of title, or in any entry thereon, as seised of or as taking estate or
interest in the land therein described is seised or possessed of that land for the
estate or interest therein specified as from the date of the certificate or as from
the date from which the same is expressed to take effect, and that the property
comprised in the certificate has been duly brought under this Act.
(2) Nothing in this section applies to electronic transactions land.
Compare: 1915 No 35 s 68
Section 75(2): inserted, on 1 June 2002, by section 65(1) of the Land Transfer (Computer Registers
and Electronic Lodgement) Amendment Act 2002 (2002 No 11).
Reprinted as at
1 March 2017 Land Transfer Act 1952 Part 4 s 75 pages 43

Yours sincerely,

Michael Peti

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