Clark set to go on inquiry into place of treaty

By AUDREY YOUNG political editor

Helen Clark could present plans for a far-reaching inquiry into some of New Zealand's basic constitutional issues to the Cabinet as soon as Monday.

The Prime Minister said yesterday that an inquiry - which would include a re-examination of the role of the Treaty of Waitangi - would take at least 18 months "if we want a proper job done".

That would mean the results would not be known until after next year's election. One of the questions being considered is whether the inquiry should be in two stages, tackling the place of the treaty first, or a single broader and longer review including the question of becoming a republic.

National leader Don Brash drew criticism for rejecting a role in an inquiry, despite an offer by Helen Clark to consult him on the membership and terms of reference.

He also said that any Government he led might overturn or review the conditions of an inquiry which, he believed, would be conducted by "a few academics hand-picked by an ideologically driven" Government.

United Future leader Peter Dunne made a withering attack on Dr Brash, pitched at the intensity he normally reserves for the Greens.

He said Dr Brash had "demonstrated he is unfit to lead the country" and had failed his first major test as National leader.

"Dr Brash's naivete and political inexperience are beginning to show," he said.

"Having launched a debate on race with his Orewa speech, he is now running frantically in the opposite direction as soon as he is offered the opportunity to take part in just such a mature debate."

Mr Dunne, who has suggested a royal commission into constitutional arrangements including the place of the Treaty of Waitangi, issued proposed terms of reference yesterday which have been sent to Government officials working on inquiry options.

They include a review of the place of the treaty, its principles and the broader issue of historic claims, the idea of a written constitution and Maori representation in Parliament. A spokesman for Helen Clark said she could be ready to present something concrete to the Cabinet for its approval on Monday.

The Prime Minister made her offer to consult Dr Brash when the pair appeared consecutively on the National Programme's Nine to Noon radio show with Linda Clark.

Helen Clark almost always refuses to debate with other party leaders outside of election campaigns, but she agreed to go on the programme directly after Dr Brash.

He said he would think about her offer, but within hours had ruled out being involved.

New Zealand First opposes a commission of inquiry and the Greens support one. Act leader Richard Prebble wrote to Helen Clark yesterday to put on record Act's objection to a commission of inquiry into the 1840 Treaty of Waitangi.

"It's 164 years too late," Mr Prebble said. "It is elitist nonsense to suppose that some wise commissioners can educate us all into supporting the so-called principles of the treaty."

Parliament alone, and not the courts, should determine what the principles were and Act had a private member's bill waiting in the ballot that set out three - covering sovereignty, property rights and citizenship - that related to the three articles of the treaty.