School of Government

Building the Constitution

Edited by Colin James
Building the Constitution

For two decades New Zealand has been changing its constitution, most notably through an Official Information Act in 1982 which has greatly opened up to view the processes of government, a new Constitution Act in 1986, deep changes to the organisation and management of the public service and national finances in the late 1980s, a Bill of Rights in 1990 and a change to proportional representation in 1993.

There are widespread calls for more and deeper change, ranging from adoption of the Treaty of Waitangi as the constitution to the codification of the constitution in a written, justiciable document, to a substitution of a president for the Queen as head of state (that is, a move to a republic), to amendments designed to secure property rights. These calls are heard in a variety of forums, most notably Maori hui and conferences of lawyers.

If there is to be change, especially if there is to be major change of this sort, it is imperative that it be only after long debate involving as wide a range of people as practicable. As a first step in this process, the Institute of Policy Studies in 1997 agreed to run a conference, which was held on 7-8 April 2000. More than 40 short papers were written from widely varying perspectives and were considered at the conference by more than 100 people of widely different backgrounds and perspectives.

This book brings together the papers and a thematic summary of the discussion, with an introduction by Colin James, the Institute's programme director. The papers provide an accessible record of the history and present state of the constitution, options for change and arguments against change. The summary and introduction signal current question marks about the legitimacy of the constitution and signpost roadblocks in the path of anyone wanting change. Throughout, the importance of the widest practicable involvement of the people is emphasised.

This is a seminal resource for anyone studying the constitution and possible future changes.

“It is a highly readable text that will unlock for any interested citizen or observer the mysteries that so often unnecessarily surround the principles and institutions of central government.”
Dan Meagher, Asian-Pacific Law and Policy Journal

ISBN: 0-908935-48-X
Published in 2000