A leading Māori legal scholar is calling for a fundamental rethink of New Zealand’s constitutional system, arguing its current structure fails to adequately protect Māori rights, Te Tiriti o Waitangi and wider human rights.
Professor Claire Charters, of Ngāti Whakaue, Tainui, Ngāti Tūwharetoa, Ngāti Tahu, Ngāti Whaoa and Ngāti Rehia, makes the case in her new book Sovereignty: The Case for Constitutional Transformation. Charters is an Indigenous law expert at Waipapa Taumata Rau, the University of Auckland. Pasted markdown
Unlike many countries, New Zealand does not have a single written constitution. Its constitutional arrangements are spread across legislation, court decisions, historical documents and conventions, while Parliament retains the ability to pass laws even where courts or other institutions have raised human rights or Te Tiriti concerns. Pasted markdown
Charters points to recent debates involving Oranga Tamariki and climate litigation as examples of the tension between parliamentary power, the courts, Te Tiriti obligations and the ability of people to seek legal remedies.
Drawing on international research, she also examines constitutional reform overseas, including developments in Mexico recognising Indigenous self-determination, and research indicating stronger outcomes can occur when Indigenous peoples have greater authority over their own affairs. Pasted markdown
The book ultimately explores how constitutional transformation could provide stronger recognition of Te Tiriti o Waitangi, tikanga Māori and human rights, while opening a wider conversation about how power and decision-making should operate in Aotearoa.
Professor Charters joins Radio Waatea to discuss why she believes constitutional transformation deserves serious public debate and what a different constitutional future for Māori and Aotearoa could look like.
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