Category: Constitutional Reform

It can be argued that the announced referendum on MMP, to be held in conjunction with the 2011 general election, is one of the most important constitutional reforms undertaken by any New Zealand Government. Yet, while there is “lofty” talk about the need for public consultation – “We want to ensure that everyone has the opportunity to have their say on this significant constitutional issue” – it is clear that the government is not serious about public input.[1]

No one pretends that if the mixed-member proportional voting system (MMP) is thrown out by public referendum New Zealand’s constitutional woes will be over.

New Zealand has a lot to be proud of but there are some aspects of life ‘down under’ that we would prefer not to mention. Near the top of that list is racism.

There was a poem which my mother had learnt off by heart as a girl and portions of which she could long remember and recite to us. It was, I later discovered, Whittier’s Barbara Frietchie, and it tells of a true episode in the American Civil War when Confederate forces, occupying a town in the north, decreed on pain of death that all Union flags in the town should be taken down.

The The Prime Minister has announced that the Government is planning to hold the long-awaited referendum on our MMP (Mixed Member Proportional) electoral system before or at the same time as the 2011 general election. This was a National Party election promise based on the widely held view that voters were going to be given a chance to review MMP after a suitable trial period.

In May, Justice Minister Simon Power explained to the United Nations that the new National-led Government intends to sign the United Nations Declaration on the Rights of Indigenous Peoples.[1] The problem for New Zealand is that this is being done without a mandate from the public. If people really understood exactly what the declaration proposes, they would reject it outright, as the Labour Government did - to their credit - in 2007.

There is a difference of opinion between the Prime Minister and the Minister of Maori Affairs, Mr Peter Sharples, over New Zealand’s possible endorsement of the United Nations Declaration on the Rights of Indigenous Peoples. Mr Sharples believes that we have agreed to sign the document; the Prime Minister, I am happy to say, says it is still too early to say that we will.

Last week a controversial review of Labour’s 2004 foreshore and seabed legislation was published. It recommended that the Act be repealed so that Maori can take up their customary rights to the foreshore and seabed – or be compensated for them.

On Friday 3rd April 2009 the Australian Government endorsed the United Nations Declaration on the Rights of Indigenous Peoples. This move fulfilled an election promise made by Kevin Rudd, to overturn Australia’s opposition to the Declaration.

Recently Prime Minister John Key was caught musing over whether New Zealand should follow Australia’s lead and sign up to the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). Let us all hope that he doesn’t. This inane piece of bureaucratic ‘rights speak’ does few favours to anyone, and its paucity of substance should make it laughable.