New Zealanders are being asked to engage in one of the most important conversations in our history.
This conversation has come about because of the National Party and the Maori Party ‘Confidence and Supply Agreement’ in 2008, which said a constitutional review would occur.
We are currently in phase two of the Review, which aims to create public debate and awareness around the very foundation of our life as a nation—our Constitution.
The Review will look at issues including Maori representation and participation in Parliament, the role of the Treaty of Waitangi, Bill of Rights issues, the size of
Parliament, the Parliamentary term, the size of electorates, and whether or not we should have a written constitution.
Public engagement is vital as Constitution forms the groundwork for a political system. It sets out how public power can be exercised.
As Dr Richard Ekins (Faculty of Law, University of Auckland) has recently pointed out in lecture events hosted by Maxim Institute that a good Constitution is one that helps its people and their descendants to live well, by allocating and separating power to ensure society functions justly.
A Constitution is bigger than any government.
It is what sets the terms for how government works and determines the parameters of public power.
Inherent risks
New Zealand does not have a written Constitution but an amalgamation of law and conventions that stem from New Zealand’s history.
These form a patchwork that is the basis of our political system.
According to Dr Ekins, “The Treaty has no direct legal force, but is still constitutionally significant as it is treated as a foundational document.”
Clarifying exactly how foundational it is, and what claim it should have on decision-makers, will be one of the hot topics throughout the review process.
There is a risk that particular opinions and loud voices will dominate the debate. There is also a risk that the Review will not capture the breadth of opinions that exist.
The NZ First Party believes that the Review is a threat to New Zealand’s democracy and is urging New Zealanders to boycott it on the basis that the Treaty should not be the foundation of New Zealand’s Constitution.
The Party has refused to nominate a member for the ‘Cross-Party Reference Group’ overseeing the review.
Critical issues
Furthermore, an Independent Maori Constitutional Working Group has been set up as an alternative process, by people who are dissatisfied with the idea of the government review, believing that it cannot be considered “independent”.
Yet, like it or not, the Review is asking critical questions and will have an impact.
Engagement with the Review is important for New Zealand and our future.
Initial recommendations coming out of the review process will be made to the Cabinet by the end of 2013.
