Opinions

Zoran Rakovic: Your Rates, Their Treaty: How Local Democracy Was Quietly Rewritten

Are Māori wards lawful? This article examines how local councils unlawfully carry Crown Treaty duties—reshaping democracy under legal error. Continue reading

Zoran Rakovic: Co-Governance or Co-Dependence? The Broken Logic of Treaty "Partnership"

Can Māori be at the same time equal partners to the Crown and its protected beneficiaries? This commentary exposes the contradiction at the heart of the Treaty "partnership" claim. Continue reading

Zoran Rakovic: Te Tiriti Obligations Quietly Shifted Into the Backyards of Private Citizens

Opinion on why New Zealand’s Crown cannot legally transfer its Te Tiriti o Waitangi obligations to private landowners under section 6 of the RMA. Continue reading

Elizabeth Rata: Democracy’s Three Pillars and Partial Loyalty

Democracy’s Pillars  The pillars are:   The citizenix – the individual who bears political and legal rights – not the racialised group member.   The state – the governing infrastructure of parliament,  systems of law, education, health and so on, regulator of public resources such as water, foreshore and seabed, flora and fauna, radio waves.  The nation – at once a geographic entity and a symbol of a unified though historically diverse people who muddle along together in liberal civil society.  Continue reading

Roger Partridge: The Sovereign Reality - New Zealand’s Path to Nationhood

Waitangi Day debates about New Zealand’s sovereignty often fixate on a single moment: the signing of the Treaty of Waitangi in 1840. This focus is understandable, given the Treaty’s significance to both Māori and the Crown. But is this the full story of how New Zealand’s sovereignty was established? And if not, is there a way for the country to move beyond divisive arguments about sovereignty and the Treaty? Continue reading

Gary Judd KC: Tikanga Regulations advance a political agenda

In doing so they confer moral legitimacy on the illegitimate. Continue reading

Stephen Franks: Local Government Standing Orders - advice on the LGNZ guide

In August 2022, Local Government New Zealand (“LGNZ”) released its 2022 template document “The guide to LGNZ standing orders: He aratohu i te anga tikanga whakahaere hui a LGNZ” (“LGNZ guide”). This document is meant to guide councils on updating their standing orders, which LGNZ encourages them to do following a local body election. Continue reading

Dr Stephanie Worboys: Shaky Foundations: Why Our Democracy Needs Trust

Dr Stephanie Worboy's of the Maxium Institute: Our nation has experienced a marked decline in political trust and engagement. Trust has been lost in government, its leaders, and our democratic processes. The fact remains that our government needs more checks and balances. It is recommended, then, that we, as a nation, have an open and inclusive discussion about how this is best done. Continue reading

Gary Judd KC: Senior King’s Counsel files complaint about compulsory tikanga Māori studies for law students

The tikanga regulations will compel law students to be taught that a system which does not conform with the rule of law is nevertheless law which should be observed and applied. Continue reading

Anthony Willy: The State Owned Enterprises Case and the Partnership Fiction

On a plain reading of the treaty document anything less conducive to the notion of a partnership between the signatories is difficult to imagine. It is therefore necessary to look elsewhere to find what breathes life into this myth. No recourse can be had to International law because the document is not a treaty. International law only recognizes compacts entered into by sovereign states. Those inhabitants signing did not exercise sovereignty of these Islands in 1840. That they did not sign as Sovereigns of New Zealand is clear beyond doubt because a number refused to do so including the representatives of the Ngapuhi tribe. Continue reading