Treaty of Waitangi

Constitution Aotearoa has the Treaty of Waitangi unambiguously at its heart. In fact, Palmer, argues, it is effectively New Zealand’s first constitutional document and the Government’s “moral and political claim to democratic legitimacy rests of the Treaty”.

By its nature as a founding document and in the way it is now interwoven in modern society, the Treaty is integral to New Zealand’s current ( unwritten) constitution. But like that complex and confusing constitution in the clouds, the Treaty itself i s shrouded in uncertainty and “jagged legal recognition”. In other words, it has no independent legal status.

Palmer wants to give the Treaty “clear and certain” status. First, the text — in English and Te Reo — cannot be amended, which was a fear held by Maori when Palmer tried to incorporate the Treaty into the Bill of Rights Act of 1990. He believes, nearly 30 years on, Maori would be more receptive to seeing the Treaty enshrined in superior law — there would be no “hidden dangers” to Maori rights in doing so — and he has faith in the courts’ ability to handle complex Treaty issues in a fair manner.

A Supreme Court, acting under the new constitution, would also bring thoughtful analysis of how the Treaty works in modern New Zealand, ending the current “ungainly, unclear and untidy” legal treatment of the Treaty. Palmer argues, i s why there have been so few changes to the US Constitution for 225 years. As well as giving Parliament the last say, Constitution Aotearoa has a built- in mechanism allowing it to be reviewed every 10 years and changed by a 75 per cent majority in Parliament.

“A constitution has to live — this is nothing like a US Constitution . . . New Zealanders wouldn’t buy an American constitution.”