NZCPR Newsletter: Questions Over Our Future

The outpouring of emotion over the death of Queen Elizabeth II came as a surprise to many. Hundreds of thousands of people lined the streets in Scotland and England in tribute, as they witnessed the magnificent pageantry of the meticulously planned transfer of Queen Elizabeth from her Balmoral sanctuary to her final resting place in Windsor Castle’s St George’s Chapel, next to her beloved husband, Prince Philip.

Over a quarter of a million people queued for up to 30 hours to pay their respects to the Queen as she lay in State in Westminster Hall. More than four billion watched her funeral, televised live around the world.

Stephen Franks: Social and economic rights in a NZ constitution

My last post mentioned the risks and problems arising when social and economic “rights” are created in law.  The Palmer/Butler draft constitution tries to allay those concerns by saying that such rights are “non-justiciable” (presumably meaning not enforceable in court). It then lays out in draft section 106 a glittering array of new rights – without solving the fundamental political problem – whose duty is it to provide the goodies, at whose cost.

106 Social and economic rights

Stephen Franks: Sir Geoffrey’s draft constitution

I have yet to read Andrew Butler’s and Sir Geoffrey Palmer’s book.

From what I have seen of their draft constitution there are admirable elements, some badly needed, such as the proposed protection of property rights. Section 104 is well drafted, as one might expect from the intelligence and experience of those authors.

I expect the book to make a strong case for the benefits of a good constitution. I could even prefer for New Zealand to have such safeguards, despite the risks that it would increase the power and arrogance of our lawyer class.

Mike Butler: Palmer's Aotearoa constitution

For years former Prime Minister Sir Geoffrey Palmer has been deploring the “unbridled power” that New Zealand’s constitutional setup affords, but he was perhaps among the worst offenders during his time as Justice Minister in the way he pushed his personal Treaty of Waitangi solutions while circumventing public opinion.

Along with fellow lawyer Andrew Butler (no relation to this writer), Palmer is about to release A Constitution for Aotearoa New Zealand, a book that argues why New Zealand needs a written constitution and what a first draft of that constitution entails.

Rob Paterson: Constitutional Change in New Zealand

Introduction: New Zealand is reviewing its constitution but the panel set up to do this review is comprised, not of constitutional experts or representatives of a fair cross-section of the people of New Zealand, but an appreciable number of Maori studies academics, some with strident anti-colonialist views. Discreet and separate Maori and non-Maori consultation is a feature of this review. It is the second constitutional review in seven years and is being undertaken in the absence of a constitutional crisis. The review is being driven at the behest of the Maori Party, a political party that captured just 1.4 percent of the party vote in the 2011 general election.

Stephen Franks: 4 year term for Parliament?

I've been asked what I think of extending the Parliamentary term. 4 years would be better for many reasons. It would enable politicians to do necessary things that need more than three years to prove themselves. But what would they actually use it for? In a campaign for lengthening the term they should be asked what they could do in four years that they can't do in three. But who will have the courage to float examples? The examples will be contentious, and recycled as a threat to floating voters at the next election. 

Muriel Newman: Are we one or two?

*The NZCPR WEEKLY newsletter is delivered free each week - register here. This week's extract:   

Masquerading as servants of their people, an elite group of tribal leaders have persuaded governments to give them public riches that they do not deserve. Today they are claiming the ownership of New Zealand’s water. Last year they were given the right to make secret deals for the ownership of our mineral-rich foreshore and seabed. Before that, the Clark Government gave them a slice of the electromagnetic spectrum – hardly something that tribal leaders could claim they “owned” at the time of the signing of the Treaty... Read More

Mike Butler: Bolivian constitution a model for NZ?

Bolivia provides the model for the sort of constitution New Zealand should have, according to Maori studies professor Margaret Mutu, who launched the Independent Constitutional Working Group, a response to a review that stems from the National Party’s confidence and supply agreement with the Maori Party.

Mutu, who works at Auckland University and is chairperson of and treaty settlement negotiator for Far North tribe Ngati Kahu, courted controversy last year when she said the immigration of whites threatens Maori due to alleged supremacist attitudes that whites bring with them.

Mike Butler: Special deal for Scottish NZers?

Scottish culture continues as a distinct subculture within New Zealand. It is largely invisible, but bagpipes, kilts, sporrans and dirks come out of the cupboard for weddings, funerals, and at highland games. At the risk of being abused as a Scottish New Zealander basher, I wondered how it would be if clan chiefs got a special deal from the government, and people of Scottish descent were paid cash for grievances, get rights to first refusal on government property, and have to be consulted if the government was to do anything. Here is how it would look:

Scottish New Zealanders would have a special status because they were here first.