Former Prime Minister of New Zealand, and former Director-General of the World Trade Organisation, Mike Moore, today published an article calling for an agreed process to consider New Zealand’s constitutional arrangements, including the future of MMP, the fundamental centrality of the Treaty of Waitangi, and future options, including a Republic.  Mr. Moore suggests:

• Now there’s emerging almost a cross-Party consensus in Australia, the issue of a Republic will become fashionable in New Zealand soon.
• Our constitutional arrangements are not in a state of desperate disrepute or disrepair, the need for change ought to be compelling and not entered into lightly.
• Change thus far, from abolishing the right of appeal to the Privy Council, reforming the Honours List, even the introduction of MMP, and deciding New Zealand is a bi-cultural nation not a multi-cultural nation, has been ad hoc, opportunist, and leaderless, and is potentially dangerous.
• Recent events, such as the Electoral Finance Bill, Government publicity programmes, and the refusal to reconsider MMP by way of a referendum, raise questions as to the viability of our normal, informal multi-Party approach to such issues.
• Change, once made, is hard to unmake in matters of constitutional and Parliamentary principles, thus the option of doing nothing must be considered, and change that could become permanent should not be entered into in haste and ought not to be at the whim of temporary politicians.

Mr. Moore suggested a formal process, spread out over a number of years, beyond the term of any single Government, to consider all the possibilities and implications of the various ideas being floated.

Mr. Moore said, “My argument at the moment is about process which is almost as important as the results.  It could include:

• The establishment by consensus of all the political parties now represented in Parliament of an Eminent Persons Group (EPG), with all the powers of a Royal Commission.  The EPG, after a few years, would report to Parliament.
• A special general election of delegates to a Constitutional Conference be held.  These delegates elected for this purpose would form a majority at the Conference.
• A number of delegates representing the configuration of the Parliament of the day be appointed by Party leaders.
• Eminent people on a non-voting basis be also appointed.
• Given New Zealand’s special constitutional and historic ties with the Pacific, observers be invited from the Pacific Islands to participate but not vote.
• The Conference’s findings, if reached by general consensus, be the subject of ratification by a public referendum.”

Mr. Moore expressed his concern about the implication of a Republic, and a Presidency elected at large, saying, “I don’t think the full implication of this has been considered.  It’s too easy for populists to argue that a Head of State, a President, should be directly elected.  Sounds good, but it would change forever our Parliamentary system.  It would set up the potential for further conflict of power between the Parliament (the representatives of the people), the Executive, and a President.  A full Presidential system, such as the US and France, with a Cabinet appointed from outside Parliament, and a congressional system, have some attractions.  Other countries such as Israel and Germany have a more symbolic figurehead President chosen by Parliamentarians.

All systems, or a unique NZ hybrid that could evolve, have attractions, but my point is that there is no rush, a process needs to be orderly, benchmarked, take time, and provide much space for consideration, reconsideration, and much reflection.  My plea to our leaders and politicians is not to reject or support this process too quickly, not to lock doors, but to keep an open mind to possibilities.  This is difficult in our 24/7 media and our talkback, telecratic democracy which demands simple, sound-bite answers with the most extreme comment being the most newsworthy.  There is much interest and support for a process, and I can report that a ‘group’  may soon be established as required under the Electoral Finance Act, with a view to providing a case and space for a considered dialogue during this election year.  The issue is almost ripe and ready for discussion, the conversation should begin, but alas, in politics, it’s wrong to be right too soon,” concluded Mr. Moore.

Mike Moore
former Prime Minister of New Zealand
former Director-General of the World Trade Organisation

Feature Article associated with this Media Release

Constitutional Convention Bill