A review of New Zealand's constitutional arrangements

Introduction

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

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:

• The pros and cons of having our constitution written in a single document;
• The role of the Bill of Rights Act 1990 in our constitution;
• The role of the Treaty of Waitangi in our constitution;
• How Māori views should be represented in national and local government; and
• Electoral issues such as the size of Parliament and the length of each government’s term.

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. 

Key themes of the conversation

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”. 

Recommendations, reflections and perspectives

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:

• A Written Constitution: That the public needs more information on the subject of a written constitution.  The Panel notes that, although there is no broad support for a supreme constitution, there is considerable support for entrenching elements of the constitution.
• Te Tiriti o Waitangi, The Treaty of Waitangi: In terms of Te Tiriti o Waitangi, the Panel recommended that the Government continue to affirm the importance of the Treaty as a foundational document.  The Panel also recommended that the Government set up a process to develop a range of options for the public to consider for the future role of the Treaty in our constitution, including options within existing constitutional arrangements and arrangements in which the Treaty is the foundation of the constitution.
• Māori Representation: The Panel recommended that the Government investigates how Māori representation in Parliament might be improved by looking at how local government processes and decision-making can better reflect the interests of Māori.  In addition, when conducting the recommended investigation,  the Panel recommended that the Government has regard to a range of options including Māori political structures and local and international models.
• The New Zealand Bill of Rights Act 1990: The Panel recommended that the Government set up a process for the public to explore in more detail the options for amending the Act to improve its effectiveness, including:
  • Adding economic, social and cultural rights, property rights and environmental rights;
  • Improving compliance by the Executive and Parliament with the standards in the Act; and
  • Giving the Judiciary powers to assess legislation for consistency with the Act,  entrenching all or part of the Act.
• Electoral Matters: In terms of the size of Parliament, the Panel’s view was that there was no need for the Government to further review this matter.  The Panel advised  that the discrepancy in geographic size affects the representation of people in large electorates, particularly Māori and rural electorates.  The Panel noted that there is a reasonable level of support for a longer term of Parliament and a fixed election date.
• Other Issues:
  • The status and functions of local government and its relationship to central government;
  • The role of He Whakapūtanga o te Rangatiratanga o Nu Tireni, the Declaration of Independence;
  • The role and functions of the public service;
  • The distinct interests of citizens of countries within the realm of New Zealand;
  • The role and functions of the head of state and symbols of state; and
  • An upper house of Parliament.²

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.

1. “New Zealand’s Constitution –A Report on a Conversation, He Kotuinga Korero mo Te Kaupapa Ture o Aotearoa”, November 2013
2. Ibid