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

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

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 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

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

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

VIDEO: The Platform's Michael Laws speaks to Gary Judd KC about the Treaty of Waitangi and the prospect of a referendum. Continue reading

There are two versions of the Treaty of Waitangi.  The first is the 1840 Treaty – the ‘Articles Treaty’. The second is what I call the ‘Principles Treaty’. It dates from 1986 when the principles were first included in legislation. Astonishingly the parliamentary representatives who inserted the word ‘principles’ did not know what they meant. To include a word estranged from its meaning into legislation is an egregious political failure. At the very least, a democracy requires words to have an agreed meaning otherwise rational communication is impossible.  Autocracies that use ideologies to control how people think can dispense with accurate meaning. Democracies cannot. Continue reading

Jackson and the Treaty – it seems he has forgotten what Lange said about partnership and why Clark wouldn’t sign UN declaration. Continue reading

Assessing the impact on democracy and the escalation of polarisation Political parties play a significant role in democratic systems, including in New Zealand. They provide a means of organising political representation and facilitating the functioning of the government. However, the question arises whether political parties, with their inherent tribalism and policy conformity, are necessary for a functioning democracy. The shortcomings of political parties are apparent on an almost daily basis with elected representatives and supporters encouraged to maintain a blind support for party policies even when faced with legitimate criticism. The adversarial nature of the Westminster system makes it difficult for politicians to admit mistakes and the net effect is an exacerbation of polarisation. Continue reading