Clark warms to treaty inquiry

By AUDREY YOUNG political editor

The call for an inquiry into constitutional arrangements, including the place of the Treaty of Waitangi, is receiving a mixed political response.

Prime Minister Helen Clark has warmed to the idea put forward by United Future but says she has "a genuinely open mind" about what shape it might take.

The idea was supported by the justice and electoral select committee but has languished for lack of Government commitment.

In the wake of the soaring popularity of National leader Don Brash, Helen Clark is now saying Governments may have moved ahead of public opinion on treaty issues.

National deputy Gerry Brownlee does not support an inquiry, saying the time is wrong.

New Zealand First leader Winston Peters said the Court of Appeal was wrong in the so-called Lands case in 1987 when it interpreted the treaty as a "partnership" and successive Administrations had perpetuated the error.

"It was wrong then; it has been wrong ever since and we do not need a commission of inquiry or a select committee to tell us that."

Act leader Richard Prebble said an inquiry could add to the confusion. "The idea of an inquiry into the treaty would make the scampi inquiry look tidy."

But he said an inquiry was not needed to establish what the principles of the treaty were because there were only three and they related to the three articles of the treaty: first, that there was just one sovereignty in New Zealand; second, that property rights had to be respected; third, that every citizen was equal before the law.

"There are no other principles. All the rest are inventions."

Green MP Nandor Tanczos said he had actively promoted the idea of a select committee inquiry into constitutional issues. But the job of such a committee would be to "clarify our current constitution and to come up with a framework under which a debate can take place".

Referring to Dr Brash's rise in popularity since his negative comments about the influence of the treaty, Mr Tanczos said the "cynical manipulation of public opinion over the past month has shown that many people remain confused about the role of the treaty in our constitution".

"Like it, loathe it or wallow in ignorance of it, the treaty remains this country's founding document and cannot be 'rewritten' every time a politician needs a quick-fix in the polls.

"It is the cornerstone of our country and cannot be removed without threatening the whole building."