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Home / Rotorua Daily Post

Comment: Panel invites views on constitution

By Professor John Burrows
Rotorua Daily Post·
1 Apr, 2013 10:50 PM3 mins to read

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The Government has initiated a review of New Zealand's constitution, and wants to find out what the public thinks.

Yes, New Zealand does have a constitution. It is contained within a number of acts of parliament, court cases and other documents. Some of it consists of "conventions" which are not formally written anywhere. Altogether it tells us who exercises power in our country, how it is exercised, and how people's rights are protected. It includes such fundamental things as police powers, the right to a fair trial, the extent to which the Government is kept in check by Parliament. It is of daily importance to all of us.

There is no doubt about the value of a review. New Zealand has changed a great deal over the past few years, so it's a good time to reflect on the values we see as worthy of protection as we move forward. The other really valuable thing about a review is that it enables people to learn what our constitution is now.

The Government has set up a panel of 12, called the Constitutional Advisory Panel. Our job is to engage with the public. We are to advise what the present arrangements are, encourage debate on the issues and ask for feedback. We will then report to the Government what the views of the public are, and, based on that, what matters we feel might be taken further. We are the first stage of a longer conversation.

The terms of reference specify particular issues on which it wants the public's views.

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They include some electoral matters, such as how long parliament's term should be, whether 120 is the right number of MPs, and what should happen if an MP "party hops".

Then there are some issues involving Maori representation in Parliament - the Maori electoral option and the Maori seats - and also Maori representation in local government.

The rest of the questions are at a level above such particulars. One of them is the role of the Treaty of Waitangi within our constitutional arrangements.

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Then there is the Bill of Rights Act. Does it protect enough rights, should property rights be included and are the rights it does protect, protected well enough? Should it be strengthened so that other laws have to comply with it?

Finally, there is a very fundamental question which makes us reflect well beyond the other questions the Government has given us. Should we have a written constitution?

We have brought together a range of information about the constitution, available on our website There is also a guide to making a submission.

We have enlisted the help of groups and organisations to get the message to their members. The freephone phone number is 0508 411 411, or join the conversation on www.facebook.com

The Constitution Conversation. Our website is www.ourconstitution.org.nz

Submissions close on July 1.

The Constitution Conversation will hold a Maori community hui tomorrow at the Distinction Hotel at 10am.

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