GOOD FAITH HONOURING

[1][1] Edited extract from He Whakaaro Here Whakaumu Mō Aotearoa – Report on Constitutional Transformation, pp. 103 – 106

The previous stage of constitutional transformation undertaken by Matike Mai o Aotearoa (the Independent Working Group) centred on discussions amongst Māori about an inclusive Constitution for Aotearoa based on tikanga and kawa, He Whakaputanga o te Rangatiratanga o Niu Tireni of 1835, Te Tiriti o Waitangi of 1840, and other indigenous human rights instruments which enjoy a wide degree of international recognition”.  The next stage involves a much broader discussion with all sections of the community. It also involves ongoing engagement with Māori, including the many thousands who now live in Australia but retain close links to home.

The approach and kaupapa of that ongoing dialogue will be quite different to that undertaken by the Crown’s Constitutional Advisory Panel and similar Crown-driven initiatives in the past, because the constitutional imperative now is to work towards a new constitutional order based on Te Tiriti rather than one which merely tries to assimilate it into the existing Westminster system.  

There will also be ongoing discussion about the form any proposed new constitution should take. Considerable discussion will need to occur on particular structural issues such as whether a constitution should be written or unwritten, how the franchise in the rangatiratanga sphere might recognise the individual and collective interests of Māori, and the consultative process that will determine the areas of jurisdiction for both the kāwanatanga and rangatiratanga spheres. 

These may be strictly technical issues, but as the Matike Mai Working Group process has shown they need not and should not be left just to lawyers and other “experts”.  In fact many people have already shown a willingness to engage on such matters and with the right approach and support, more will do the same. 

Throughout the kōrero thus far, a number of indicative constitutional models have emerged.  The decision of the Waitangi Tribunal in the Paparahi o te Raki claim has reflected or informed the majority of them. Some of them have also been influenced by He Whakaputanga and some of the more recent constitutional innovations that have been implemented in a number of different sectors, such as the Anglican Church.  Additionally, all of them have been shaped by a need for the shared foundational kaupapa of conciliation.

Over the next few articles, we will canvass the models which provide some options for the discussions that lie ahead.  Those discussions may even produce an entirely different model.  In any event, all options will need detailed consideration before any final choice is made. 

The current models indicate what might best ensure the values involved in tikanga and the Tiriti relationship.  They also indicate the range of possibilities that are available for those who really want a good faith honouring of Te Tiriti.

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