February 2014
In June 2013 I prepared an article titled “The Constitution Conversation – He Kaupapa Nui te Kaupapa Ture”. The article discussed the “constitution conversation” or the review of New Zealand’s constitutional arrangements (“review”) that was conducted by the Government throughout 2013. As part of the review, the Ministerial Advisory Panel (“Panel”) held a series of consultation hui across the country and invited public submissions on a number of questions regarding the constitutional arrangements of our country. The report by the Panel titled “New Zealand’s Constitution – A Report on a Conversation, He Kotuinga Kōrero mo Te Kaupapa Ture o Aotearoa”, was released in November 2013. Set out below is a a summary of the key findings and recommendations from that report.
The review originated from a 2008 Confidence and Supply Agreement between the Māori Party and the National Government. The review called for public submissions on how we want our country to be run and sought views from the public on the following topics:
During public consultation in 2013, the Panel members attended over 120 community hosted hui and other events. There was also a significant media campaign.
The Panel received 5,259 submissions in total from individuals and groups, which, it has been noted, reflected a diversity of views.
The Panel’s report is 176 pages in length and responds to the topics and questions posed in the review by identifying what it considers to be key themes coming out of the consultation process and providing “Perspectives and Reflections” as well as overarching recommendations to the Government.
In the review the Panel identified themes or common factors that most people appeared to consider and balance while developing their views on the topics of the conversation. Common themes included: a sense of belonging, fairness and justice, representation and participation and checks and balances on power. The Panel said that, while there were some contradictory views on some of the topics, participants’ aspirations for the constitution were fairly consistent: “to provide for stable, adaptable, legitimate, representative, responsive, principled, considered, accountable, transparent, inclusive government that aspires to ensure people’s well-being”.
The key recommendation of the Panel was that the Government continue the constitution conversation with Aotearoa. Co-Chairs of the Panel, Sir Tipene O’Regan and Professor John Burrows stated, “The report signposts a way forward for future conversations about the constitution - a conversation that many within our nation are enthusiastic to continue”.¹
However, in terms of continuing the conversation, the Panel noted that there was a lack of strategic leadership in this field, highlighting that the existing resources on the constitution are incomplete and difficult to find. For example, the Panel identified that there are few resources on constitutional topics that are suitable for Māori medium schools. Therefore, to support a continued conversation, the Panel recommended that the Government improve access to information about the Treaty of Waitangi, civics, and citizenship in our schools and communities.
On the specific topics tendered as part of the review, the Panel makes the following recommendations to the Government:
The Government has indicated that it will respond to the recommendations contained in the report within six months.
If you would like further information please contact Aidan Warren on 07 958 7426.