"If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to control the governed; and in the next place, oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions."

James Madison, The Federalist

Preamble

We, the people of Aotearoa-New Zealand, recognise the need to share, utilise and protect our environment in a organised and harmonious manner. We declare a complete severance with the constitutional law of the Westminster legal tradition. We acknowledge the mistakes and injustices of the past and seek a fair and happy future together. Both as individuals and as a nation we seek to reach our highest potential as human beings; accordingly, the purpose of this Constitution is to nurture, support and protect all citizens in this quest.

Section One: Ecology

Preamble

This Constitution holds it to be self-evident that all resources, including ourselves, originate with the natural world and that mankind does not create wealth but merely manipulates that which is already in existence. Specifically, any environment under our control is not ours to despoil; rather we are merely its temporary custodians and guardians of the wealth within.

All resources in nature are re-used and recycled; this principle must apply to the production and distribution of all resources within our nation, and because we are an inextricable part of the global ecology, we must live within the laws of the planet also. It is our duty to keep pollutants out of the ecosphere and to keep our waters, air, lands and plants in as pure a condition as is possible. Interference with the natural cycles of life must be tolerated only as much as is absolutely necessary for the short and long-term wellbeing of the nation.

This Constitution recognises that we have a duty to preserve the resources of both our country and our planet for future generations.

This Constitution further recognises that it is both undesirable and impractical to impose upon our environment a greater demand for resources than can be met by the available supply. It is therefore the duty of both the government and all citizens to obey the laws of the natural ecology of which we are an integral part.

Article 1 . Responsibility for environmental change

Any person or group which causes significant environmental change must be held responsible for its actions. All costs and effort towards the cost of balancing the tangible negative impact and/or projected negative impact on the environment must be met by the person or group which causes the change. Government must enact laws to enforce this principle.

Article 2 . Precautionary principle shall apply

Wherever any controllable activity raises threats of significant change to the environment or human health, precautionary measures shall be taken even if some relationships between cause and effect are not fully established scientifically.

1) burden of proof

Where any person or group proposes an activity which may cause significant change, the proponent of such activity bears the burden of proof.

2) process must be open and informed

The process of applying the Precautionary Principle must be open, informed and democratic, and must include potentially affected parties. It must also involve an examination of the full range of alternatives, including no action.

Article 3 . Government to survey and keep records

The government must fund and collect up to date records reflecting the true state of our environment.

Article 4 . Government to set clear laws for use of natural resources

The government must provide sound and equitable laws for the use of all natural resources.

Article 5 . Government to ensure enforcement

The government shall ensure fair and rigorous enforcement of all reasonable laws relating to the environment. In particular, the government must enforce all environmental laws without fear or favour.

Article 6 . Duties of Iwi, local bodies and other statutory bodies

Iwi, local bodies and other groups established or recognised by Parliament must administer all territories and resources under their effective control according to the principles of this Constitution. Where reasonable, these groups may impose greater restrictions than Parliament on the uses of territories and resources under their lawful control, but may not lessen the effect of general legislation enacted by Parliament.

Article 7 . Efficient use of energy

The Government shall enact laws which encourage and where appropriate enforce energy-efficiency throughout the State.

1) Public transport

The Government has a specific obligation to further the use of energy-efficient, comfortable and accessible public transport to all who reasonably require access to it.

Article 8 . Government may compensate

Where natural disaster and/or need for greater environmental controls causes significant suffering for the affected people, the Government is required to consult and investigate widely and, where appropriate, consider the issue of realistic compensation for the affected people or groups.

Article 9 . State lands & State land reserves

Parliament shall have general supervisory jurisdiction over all State-owned lands and State-administered waterways, lakes, seabeds etc useful for National Parks, conservation areas, forest preserves, game areas and recreational purposes; Parliament shall require annual reports as to such lands from all departments having supervision or control thereof; and shall by general law provide for the sale, lease or other disposition of such lands.

1) Parliament by an Act adopted by three-quarters of the members may designate any part of such lands as a State land reserve.

2) No lands in the State land reserve may be removed from the reserve, sold, leased or otherwise disposed of except by an Act of Parliament adopted by three-quarters of the members.

Article 10 . Waterways, reasonable access to

The principle of the Queen’s Chain shall apply to all waterways in Aotearoa-New Zealand and shall in no way be unreasonably restricted.

Article 11 . Atomic and new forms of energy

Parliament may provide safety measures and regulate the use of atomic energy and forms of energy developed in the future, having in view the general welfare of the people of this nation and of the entire ecosystem.

Definitions:

‘Significant change’ means a change in the natural balance which will impact on the wellbeing of the environment of which we are part.

Examples:

1) The discharge of crude oil into a river.

2) The large-scale clearfelling of a forest.

‘Tangible negative impact’ means undesirable changes to the environment which are independently measurable (however subtly) both before and after the event or events which primarily triggered or significantly contributed to them.

Examples based on the ‘significant changes’ listed above:

1) The destruction of, or damage to the ecosystem of the river and subsequent waterways into which the crude oil was discharged. Significant damage to aquatic birdlife and fish. The impact on the surrounding human habitation including damage to scenery and use of river water for drinking, fishing or local industry and quality of life. Loss of scenic tourism.

2) The erosion of the land, loss of topsoil, temporary or permanent loss of sustainable forestry, silt damage and visual discolouration to local rivers, silt-related damage to aquatic life, silt-related flooding, reduction of useable water supply for downstream habitation and industries. Loss of scenic tourism.

‘Projected negative impact’ means a reasonable assumption of the current non-measurable changes and/or a reasonable assumption of the likely outcome of these changes. The assumption of projected negative impact must always follow the establishment of tangible negative impact.

Examples based on the ‘significant changes’ above.

1) Long-term disruption to ecosystem, increase in types of cancers, long-term damage to local fishing interests, short to medium-term damage to tourism, loss of quality of life. Downstream damage to global water supply and aquatic life.

2) Loss of productive capacity of land. Long-term changes in local and global weather patterns, increased flooding in nearby rivers. Reduction of fish numbers due to silting, loss of tourism from area due to visual despoiling. Reduced capacity for the planet to deal with human-related air pollutants, loss of planetary oxygen sources.

Section Two: Bill of Rights

Article 1 . Equal protection; discrimination

1) Political power

All political power is inherent in the people. Government is instituted for every citizen’s equal benefit, security and protection.

2) Unwarranted interference

All people have a right to conduct their daily business without undue interference by any other person or group. The Government’s role must always be to foster and protect legitimate activities while avoiding unwarranted interference by its agents or others in the lives of its citizens.

3) All are equal

All individuals are unique, but are equal under the eyes of God. Every individual is to be protected against unfair discrimination on the basis of age, gender, race, national origin, sexual orientation, religion or political beliefs. No person shall be denied the equal protection of the laws; nor shall any person be denied the enjoyment of his civil or political rights.

4) Rights and freedoms

The rights and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

5) Enumeration of rights not to deny others

This Constitution recognises inherent and natural human rights, including, but not limited to, the right to pursue ethical everyday activities, individual lifestyles, acts of conscience and the general pursuit of happiness without harm to others. Because these natural rights can never be entirely defined, any statement of rights detailed in this Constitution shall not be construed to deny other rights merely because they are not mentioned herein.

Article 2 . Respect for life

1) Right to life

No person shall be deprived of life except on such grounds as are established by law and are consistent with the principles of fundamental justice.

2) Right not to be subjected to torture or cruel treatment

Every person has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment.

3) Right not to be subjected to medical or scientific experimentation

Every person has the right not to be subjected to medical or scientific experimentation without that person’s informed and freely-given consent.

4) Right to choose and refuse medical treatment

Every sane adult person has the right to choose the medical treatment most appropriate to him or her and to refuse to undergo any medical treatment advocated by others. Any insane person has the right to a court-appointed advocate who may grant or refuse permission for treatment according to that insane person’s best interests. Parents and legal guardians have the right to choose the appropriate medical treatment for their child or children unless it can be demonstrated beyond all reasonable doubt that the child or children’s best interests require intervention without the approval of the parents or guardians.

a) Definition of sanity

‘Sanity’ shall be defined as a mental state whereby the person is generally aware of the circumstances under which he or she is living and is capable of reasonable decisionmaking regarding those options under his or her control.

b) Definition of insanity

‘Insanity’ shall be defined as a mental state whereby the person is generally or intermittently unaware of the circumstances under which he or she is living and whose unawareness is clearly likely to lead to significant harm to that person or others.

c) Definition of best interests

‘Best interests’ shall be defined as the promotion of a state in which the person is likely to achieve the greatest physical, mental and spiritual health according to the generally accepted views of society at large balanced against the achievement of wellbeing as defined by that person’s cultural, spiritual and/or philosophical belief systems.

d) Definition of adult.

‘Adult’ shall mean a person aged 18 years or over.

Article 3 . Civil rights

1) General statement of rights:

Every person has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and seek, receive and impart information and ideas through any media and regardless of frontiers. All persons have the right to peacefully assemble, to consult for the common good, to instruct their representatives and to petition the government for redress of grievances.

2) Electoral rights

Every citizen of Aotearoa-New Zealand who is of or over the age of 18 years:

a) Has the right to vote in genuine periodic elections of Members of Parliament and in indicative and binding referenda, which elections and referenda shall be by equal suffrage and by secret ballot; and

b) Is qualified for membership of Parliament.

3) Slavery and involuntary servitude

Neither slavery, nor involuntary servitude unless for the punishment of crime, shall ever be tolerated in this nation.

4) Private property; compensation

a) Every person has the right to own property alone as well as in association with others.

b) Private property shall not be taken for public use without just compensation therefore being first made or secured in a manner prescribed by law. Compensation shall be determined in proceedings in a court of record.

c) Limitations:

The rights implicit in this section do not in any way exclude the owners of property from obligations to act according to the environmental principles of this Constitution.

5) Freedom of worship and religious belief

a) Every adult person has the right to manifest that person’s religion or belief in worship, observance, practice, or teaching, either individually or in community with others, and either in public or in private.

b) The civil, social, economic and political rights, privileges and capacities of no person shall be diminished or enlarged on account of his or her religious belief.

6) Freedom to abstain from religious practice or support of religious groups

No person shall be compelled to attend, or, against his consent, to contribute to the erection or support of any place of religious worship, or to pay levies, taxes or other rates for the support of any minister of the gospel or teacher of religion.

7) Freedom of peaceful assembly

Every adult person has the right of peaceful assembly.

8) Freedom of association

Every adult person has the right to freedom of association.

9) Freedom of movement

General statement of rights

Every adult person lawfully in this nation has the right to freedom of movement and residence in Aotearoa-New Zealand.

a) Every Aotearoa-New Zealand citizen has the right to enter Aotearoa-New Zealand.

b) Every person not lawfully detained has the right to leave Aotearoa-New Zealand.

c) No person who is not a Aotearoa-New Zealand citizen and who is lawfully in Aotearoa-New Zealand shall be required to leave Aotearoa-New Zealand except under a decision taken on grounds prescribed by law.

10) Freedom of speech and of press. Freedom of thought, conscience, and religion

General statement of rights:

a) Every person has the right to freedom of thought, conscience, religion, and belief, including the right to adopt and hold opinions without interference.

b) Every person may freely speak, write, express, publish, disseminate or otherwise broadcast his or her views on all subjects, being responsible for the abuse of such right; and no law shall be unreasonably enacted to restrain or abridge the liberty of speech nor of the mass media to disseminate the views of any citizen or group.

c) Every person has the right to freedom of creative expression, which includes:

i) Freedom of artistic creativity; and

ii) Academic freedom and freedom of ethical scientific research.

1) Limitations:

The rights implicit in this section do not extend to —

a) Incitement of imminent violence; nor

b) Advocacy of extreme hatred ( not merely personal dislike) that is based on age, gender, race, national origin, sexual orientation, religion or political beliefs and that constitutes incitement to cause harm

c) The hateful or mindless pursuit of activities which may be reasonably assumed to cause unnecessary and avoidable suffering to others.

11) Public right to information

1) Every citizen has a right to seek and obtain accessible, objective and pertinent information on our nation, its governance, justice system, political and economic systems, environment, relationships with other countries and other such data as may be reasonably assumed to be necessary for a person to freely make informed decisions regarding the above.

2) This Constitution recognises that providers of commercial or special-interest information must have an inherent bias and that therefore the Government must provide for the widespread dissemination of useful and objective information through the mass media without fear or favour.

a) Definition

‘Without fear or favour’ shall mean without succumbing to unreasonable pressure, intimidation or unethical inducement which would have the effect of creating bias or tendency towards actions in support of a particular economic, cultural, racial, philosophical, religious, personal or political viewpoint against the interests of society as a whole.

12) Government to keep and publish accurate records

Preamble:

The Government has a clear obligation to make information about its inner workings freely available to any concerned citizen. However, certain information may remain confidential where privacy rights conflict with public interest, or when the public interest requires that such information is not freely disclosed. However, in all cases of disputed disclosure, the public interest shall prevail.

1) Parliamentary process

The Government shall keep accurate records of all proceedings of Parliament, and publish the same. On all actions on Parliamentary bills and resolutions in each committee, names and votes of members shall be recorded. Such vote shall be available for public inspection. Notice of all committee hearings and a clear statement of all subjects to be considered at each hearing shall be published in advance of the hearing.

2) Required disclosure by public authorities

a) All departments and agencies operated by or for the government (hereinafter called public authorities) shall provide details of how they operate and allocate resources.

b) All public authorities shall make statistical information available for legitimate research and newsgathering provided that such disclosure is not unreasonable, does not breach ethical codes or limitations detailed in this section or privacy provisions of the Bill of Rights.

c) There shall be a general right, exercisable by any person or group, to records or information of any date held by any public authority. Subject to limitations detailed within this section, any applicant has a right to be told whether information is held by the authority in question and, if so, to have it communicated to him or her. The authority must comply with any such request if it is reasonably practicable to do so.

3) Requests must be reasonable

All requests for information pursuant to this section must be reasonable and comply with reasonable legal and organisational requirements.

4) Disclosure is mandatory

Unless the High Court agrees that non-disclosure of certain Parliamentary or governmental information is in the public interest, or such disclosure would breach privacy provisions of the Bill of Rights, the disclosure of all information not specifically excluded below shall be mandatory. This requirement for disclosure shall be in addition to general rights of access to information guaranteed elsewhere in the Bill of Rights.

a) Limitation

Nothing in this section shall override other provisions of the Bill of Rights.

b) Adjudication

Where a public authority disputes its obligation to release all or some of the information requested under this section, the Privacy and Information Ombudsman shall adjudicate in the first instance.

5) Reasonable charges

All public authorities may make reasonable charges for the supply of information under this section, provided, however,

a) That the authority concerned does not operate under a requirement for the provision of the same information at no charge or a lessor charge, and,

b) That such charges are not wilfully used to inhibit the rights to public information granted under this Constitution, and,

c) That such charges are not so high as to discourage general requests for access to information made pursuant to the provisions of this Constitution.

6) Limitations

The following information does not have to be released publicly unless the High Court declares otherwise:

a) the names and personal details which would tend to identify witnesses who have been lawfully granted name suppression, together with the names and personal details of informants in a criminal matter or matter before a Commission of Inquiry,

b) confidential information regarding an ongoing criminal investigation,

c) confidential information regarding the general lawful operations and ongoing investigations of suspected treason or serious terrorism by the Security Intelligence Service where the publication of such information would not be in the public interest.

d) confidential information regarding the National Defence Force, where the disclosure of such information could jeopardise national security,

e) confidential information relating to the commencement and conduct of civil proceedings and information covered by legal professional privilege.

f) confidential information relating to dealings between public authorities and private commercial enterprises, where disclosure of such information is likely to be unnecessarily harmful to either party and is not required in the public interest.

g) such other information as may be reasonably withheld in the public interest.

7) Parliamentary Privilege shall prevail

Where information is disclosed under Parliamentary Privilege, the principle of Parliamentary Privilege shall override all limitations detailed in this section.

8) Public Interest

When adjudicating on the disclosure of information held by a public authority, the High Court shall rule in the public interest.

13) Right to privacy

General statement of rights:

Every person has a natural right to carry out lawful activities without unwarranted surveillance, harassment or intrusion.

1) Information which is collected by any other party about an individual or group must be used solely for the purposes for which it is given, except with the informed and freely-given consent of the person or group to whom the information refers.

2) No person or group may be unreasonably pressured to reveal personal or sensitive information except where such information is requested in a manner prescribed by law and consistent with this Constitution by persons lawfully entitled to request it and where this same information is by any reasonable definition necessary for the public good.

a) No contract or agreement may be conditional upon one or more parties disclosing information to which the opposing party or parties is not specifically legally entitled.

3) Every person or group has a right to view and correct information held about them except where that same information is held solely for the purposes of reasonable law enforcement.

4) No law-enforcement or counter-espionage body may carry out its duties in a manner that would deny the rights guaranteed under this Constitution, except when investigating treason and only then with the direct approval and supervision of the High Court.

5) Definitions:

a) ‘Privacy’ shall mean the state of being free from (or free from a feeling of the unreasonable presence of) unwelcome company, surveillance, harassment or intrusion of others.

b) ‘Surveillance’ shall mean the observation or monitoring of the actions or activities of others by visual, aural, electronic or other means for the purpose of the acquisition of knowledge. ‘Surveillance’ may also be construed as harassment if the purpose, or partial purpose of the surveillance is to intimidate or harass the person or group under observation.

c) ‘Harassment’ shall mean the unreasonable worrying, annoying or impeding of a person in the course of his or her everyday lawful activities.

d) ‘Intrusion’ shall mean the entering of or intruding upon a person or group’s property or lawfully occupied space by physical act, entering a person or group’s place of privacy through unwarranted surveillance or otherwise entering the property or space or domains (whether physical or electronic) which are lawfully controlled, occupied by or in the possession of another person or group in a manner which would make a reasonable person feel threatened, intimidated or otherwise deprived of a natural sense of wellbeing and safety if they were aware of such entry.

6) No person or group may acquire, retain, trade in or otherwise issue or pass on information gained in breach of this section. Nor can information gained in breach of this section be used in any court, tribunal or for any other law enforcement or business purpose.

7) Limitations:

Nothing in this section is intended to inhibit the lawful process of information-gathering and dissemination for the public good. These activities include (but are not restricted to) legitimate law-enforcement activities, investigation of treason, legitimate research by individuals for the purposes of exposure of threats to public safety, legitimate newsgathering for the purpose of exposing or responsibly examining subjects in the public interest.

14) Searches and seizures

General statement of rights:

The person, dwelling places, papers, electronic domains and possessions of every person shall be secure from unreasonable searches and seizures. No warrant to search any domain, whether it be a physical or electronic, or to seize any person or things shall be issued without lawful purpose, nor without usefully describing both the purpose and the object of the search, nor without reasonable cause, supported by oath or affirmation. Random searches of private domains are prohibited.

15) Right to fair treatment

General statement of rights:

1) No person shall be deprived of life, liberty or property, without due process of law. The right of all persons and groups to fair and just treatment in the course of legislative and executive investigations and hearings shall not be infringed.

2) No person shall be compelled in any criminal case to be a witness against himself.

a) Limitation:

Nothing in this section shall exclude witnesses from appearing and testifying before a lawfully enacted Royal Commission.

3) Every person has the right not to be arbitrarily arrested or detained.

16) Rights of persons arrested or detained

1) Every person who is arrested or who is detained under any enactment:

a) Shall be informed at the time of the arrest or detention of the reason for it; and

b) Shall have the right to consult and instruct a lawyer without delay and to be informed of that right; and

c) Shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus and to be released if the arrest or detention is not lawful.

2) Every person who is arrested for an offence has the right to be charged promptly or to be released.

3) Every person who is arrested for an offence and is not released shall be brought as soon as possible before a court or competent tribunal.

4) Every person who is-

a) Arrested; or

b) Detained under any enactment for any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right.

5) Every person deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.

17) Rights of persons charged

1) Every person who is charged with an offence-

a) Shall be informed promptly and in detail of the nature and cause of the charge; and

b) Shall have the right to consult and instruct a lawyer; and

c) Shall have the right to adequate time and facilities to prepare a defence.

d) Shall be released on reasonable terms and conditions unless there is just cause for continued detention;

e) Bail shall not be unreasonably denied. All persons shall, before conviction, be bailable by sufficient sureties, except that bail may be denied for the following persons when there is reasonable evidence that:

i) The person, within the 14 years immediately preceding a motion for bail after arrest for a violent crime, has been convicted of one or more violent offences under the laws of this nation or under substantially similar laws within another nation, or a combination thereof.

ii) The person has been charged with murder or treason.

iii) The person has been charged with serious criminal sexual misconduct, armed robbery, or kidnapping with intent to extort money or other valuable thing thereby, unless the court finds by clear and convincing evidence that the defendant is not likely to flee or present a danger to any other person.

iv) A person who is charged with a violent crime which is alleged to have been committed while the person was on bail or while the person was on probation or parole as a result of a prior conviction for such an offence.

f) If a person is denied admission to bail under this section, the trial of the person shall be commenced not more than 90 days after the date on which admission to bail is denied. If the trial is not commenced within 90 days after the date on which admission to bail is denied and the delay is not attributable to the defence, the court shall immediately schedule a bail hearing and shall set the amount of bail for the person.

2) Every person who is charged with an offence has, in relation to the determination of the charge, the following minimum rights:

a) The right to a fair and public hearing by an independent and impartial court:

b) The right to be tried without undue delay:

c) The right to be presumed innocent until proved guilty according to law:

d) The right not to be compelled to be a witness or to confess guilt:

e) The right to be present at the trial and to present a defence:

f) The right to examine the witnesses for the prosecution during his or her trial and to obtain the attendance and examination of witnesses for the defence under the same conditions as the prosecution:

g) The right, if convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing, to the benefit of the lesser penalty:

h) The right, if convicted of the offence, to appeal according to the law to a higher court against the conviction or against the sentence or against both:

i) The right, in the case of a child, to be dealt with in a manner that takes account of the child’s age.

j) Definition:

‘Child’ shall mean any person under the age of 18 years

3) Limitations:

a) Nothing in this section shall exclude witnesses from appearing and testifying before a lawfully enacted Royal Commission.

b) Nothing in this section shall restrict the rights of the courts to deny bail in the public interest.

4) Definition:

‘Violent crime’ shall mean a violent or overwhelmingly repugnant act or threat of such an act against any other person or persons.

18) Retroactive penalties and double jeopardy

1) No one shall be liable to conviction of any offence on account of any act or omission which did not constitute an offence by such person under the law of Aotearoa-New Zealand at the time it occurred.

2) No one who has been finally acquitted or convicted of, or pardoned for, an offence shall be tried or punished for it again, unless the acquittal, or conviction for a lessor offence, or pardon was the result of a substantive conspiracy to pervert the course of justice, in which case conviction on the charge of conspiracy to pervert the course of justice shall carry the same penalty as the original offence for which the person was charged. Any person assisting in the conspiracy to pervert the course of justice who was not the original defendant shall receive the reasonable lawful penalty for conspiracy to pervert the course of justice.

19) Right to justice

General statement of rights:

1) Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s right, obligations, or interests protected or recognised by law.

2) Every person has the right to bring civil proceedings against, and to defend civil proceedings brought by, the Crown, and to have those proceedings heard, according to law, in the same way as civil proceedings between individuals.

3) The principles of the writ of habeas corpus shall bind all activities of the Government and its agents and may not be suspended unless in case of overwhelming crisis, and only then under strict respect and adherence to the principles of this Constitution and rules for its suspension outlined above in Section Seven below.

4) Evidence obtained in clear breach of the principles of this Constitution shall be excluded from consideration in any court, tribunal or any other venue of adjudication unless such breach has occurred in innocence and further, that the exclusion of such evidence would constitute a grave injustice.

20) Libels, truth as defence

In all prosecutions for libels the truth may be given in evidence to the jury; and, if it appears to the jury that the matter charged as libelous is true and was published with good motives and for justifiable ends, the accused shall be acquitted.

21) Jury trials

General statement of rights:

The right of trial by jury shall remain for all criminal trials where the likely result of conviction will be imprisonment of the accused.

a) It is incumbent upon the court to ensure that the jury is composed of people of sufficient clarity and understanding that they will be able to clearly discriminate between the opposing views presented at the trial. In cases where a fair and reasonable verdict is jeopardised by the complexity or confusing nature of the case the counsel shall make available such experts as can reasonably outline the facts and concepts at issue.

b) Jury trial shall be waived in all civil cases unless demanded by one of the parties in the manner prescribed by law. In all cases tried by 12 jurors a verdict shall be received when 10 jurors agree.

c) The accused shall have the right to receive legal assistance without cost if the interests of justice so require and the person does not have sufficient means to provide for that assistance; and

d) The accused shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court.

22) Every crime must have a victim

No person shall be prosecuted for a crime which has no actual or potential victim.

1) Definition:

‘Victim’ shall mean a person or group who/which suffers tangible harm as a result of the actions of another.

23) Conduct of suits in person or by counsel

Every plaintiff or defendant in any court of this nation has the right to prosecute or defend his suit, either in his own proper person or through a lawyer.

24) Fairness of punishments

1) General statement of rights:

Every punishment or sentence handed down by a Court must be fair, reasonable and appropriate to the offence. Every punishment or sentence must serve some useful purpose in deterring further offending, rehabilitation of the criminal or protection of society and must never be pointless, unnecessarily cruel or merely satisfying a lust for revenge.

2) No person shall be imprisoned for debt arising out of or founded on contract, express or implied, except in cases of fraud.

3) No law shall be enacted providing for the penalty of death.

25) Rights of crime victims; enforcement; assessment against convicted defendants

1) Crime victims shall have the following rights:

a) The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.

b) The right to timely disposition of the case following arrest of the accused.

c) The right to be reasonably protected from the accused throughout the criminal justice process and at all reasonable times in the future.

d) The right to notification of court proceedings.

e) The right to attend trial and all other court proceedings the accused has the right to attend.

f) The right to discuss the case with the prosecution.

g) The right to make a statement to the court at sentencing.

h) The right to restitution.

i) The right to information about the conviction, sentence, imprisonment, and release of the accused.

2) Parliament shall provide by law for the enforcement of this section.

3) Parliament shall provide for an assessment against convicted defendants to recompense their crime victims for material, psychological or emotional losses.

26) Right of judicial intervention to ensure effective legal representation

This Constitution acknowledges that the process of law often favours the side with the greater resources. Accordingly, in the interests of justice, any judge may, at his or her discretion and with the consent of the person or group concerned, appoint competent legal counsel for any person or group who is not well represented before the Court.

a) It is not intended that this facility be provided to those who are capable of gaining effective representation without the help of the court, nor those who have frivolous or doubtful positions.

b) Nothing in this section shall limit the scope or activities of the State’s obligation to provide legal aid through the Department of Justice .

Article 4 . Ownership and use of firearms by ordinary persons

General statement of rights:

Every citizen of good character and with lawful purpose has the right to own and possess such firearms or similar devices as are approved by the Government at that time after careful and widespread consultation with the populace. The sole lawful purpose of the ownership of such firearms or similar devices shall be the traditional sporting uses of target shooting and legitimate hunting pursuits conducted in a safe, lawful and orderly manner. The Government shall take all reasonable steps to prevent firearms or similar devices from falling into or under the influence of criminals, persons of bad character or of unsound mind.

Article 5 . Economic & social rights

General statement of rights:

Every citizen has inherent economic and social rights, specifically, the right to the right to quiet existence free from oppression, poverty, undue hardship or economic slavery.

Every person has duties to the community in which alone the free and full development of his personality is possible.

1) Family

The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

a) Equal rights as to marriage

Men and women of lawful age, without any limitation due to race, nationality or religion, have the right to marry or enter into a relationship which has the effect of a marriage and to found a family. They are entitled to equal rights as to marriage, during marriage, and at its dissolution.

b) Free and full consent for marriage

Marriage or other relationships which have the effect of a marriage shall be entered into only with the free and full consent of the intending spouses.

c) Protection of mothers & children

General statement of rights:

1) Motherhood and childhood are entitled to special care and assistance. No woman shall be unfairly treated because of pregnancy or children. All children, whether born in or out of legal wedlock, shall enjoy the same social protection.

2) In all matters concerning a child, his or her best interest shall be paramount.

a) Every child shall have the right-

i) to a name and nationality as from birth;

ii) to parental care;

iii) to security, basic nutrition and basic health and social services;

iv) not to be subject to neglect or abuse; and

v) not to be subject to exploitative labour practices nor to be required or permitted to perform work which is hazardous or harmful to his or her education, health or wellbeing.

b) Every child who is in detention shall, in addition to the general civil rights guaranteed under this Constitution, have the right to be detained under conditions that take into account his or her age.

2) Right to paid employment

Every person has a right to paid employment if suitable work is available. Every person has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

3) Right to fair employment

Every person has the right to fair employment practices.

a) Every employee has the right —

i) to form and join a trade union;

ii) to participate in the activities and programmes of a trade union; and

iii) to strike.

b) Every employer has the right —

i) to form and join an employers’ organisation; and

ii) to participate in the activities and programmes of an employers’ organisation.

c) Every trade union and every employers’ organisation has the right -

I) to determine its own administration, programmes and activities;

II) to organise; and

III) to form and join a federation.

d) Every trade union, employers’ organisation and employer has the right to engage in collective bargaining. National legislation may be enacted to regulate collective bargaining. To the extent that the legislation may limit a right in this section, the limitation must comply with the general provisions of this Constitution and of the Universal Declaration of Human Rights.

4) Right to equal pay for equal work

Every person who competently performs a task equivalent to that of another worker within that workplace has the right to equal payment for that work. No person shall be denied this equal pay on the grounds of age, race, gender or for any other reason. Nothing in this section shall prohibit the negotiation of bonuses for work which is performed with exceptional skill, speed or under arduous or special circumstances.

5) Right to retraining

Where suitable work is not available every person has a right to reasonable retraining for the changed economic circumstances.

6) Right to adequate social security

Where a person is genuinely unable to find paid employment or is performing a useful community service such as child-minding or social work, her or she has a right to expect reasonable funding and/or provision of accommodation and such other resources as may be necessary for a reasonable standard of living.

7) Right to adequate housing

Every person has the right to have access to adequate housing.

1) No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.

8) Health care & security

Every person has the right to a standard of living adequate for the health and wellbeing of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security on the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

9) Right to search & rescue

Any person who is lost in an area of this nation outside his or her ability to safely navigate has the right to expect all reasonable resources of the State to be directed towards the searching for and/or rescue of that person.

10) Services for disabled persons

Institutions, programmes, and services for the care, treatment, education, or rehabilitation of those inhabitants who are physically, mentally, or otherwise seriously disabled shall always be fostered and supported.

11) Right to retain personal culture

A person who belongs to an ethnic, religious, or linguistic minority in Aotearoa-New Zealand shall not be denied the right, in community with other members of that minority, to enjoy the culture, to profess and practise the religion, or to use the language, of that minority.

a) Limitation

Nothing in this section is intended to authorise activities that deny the rights of other persons or groups nor the right of government to make and enforce rules on behalf of all citizens, nor the rights of the government to enforce generally accepted norms of acceptable behaviour on all persons.

12) Right to comprehensive education

General statement of rights:

Every citizen has a right to a free and comprehensive education until adulthood. This education shall prepare that person for life and instill useful and functional social values.

1) Education shall be directed to the full development of the human personality and to the strengthening of respect for the environment. human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups and shall promote and support a sound ecology together with peace and prosperity for all peoples.

a) Parents have a right to choose the kind of education that shall be given to their children, provided however, that such education is not destructive to each child’s wholesome development, cruel or denies the child information necessary for everyday life.

2) Definition of primary education

Primary education shall be essentially aimed — as a minimum — at achieving functional literacy, that is, in giving all students who are mentally capable of receiving:

a) The basic mind tools to acquire further knowledge,

b) The ability to understand the basic structure of the world around them and to understand the signs and messages used in daily life, acquisition of the skills necessary to usefully move on to a secondary education.

c) Assistance for each student to gain a high standard of achievement according to his or her individual abilities and needs.

3) Definition of secondary education

Secondary education shall be aimed at:

a) Refining the functional literacy already achieved,

b) Introducing an adult viewpoint and worldly knowledge, self understanding, introducing greater sophistication in communication together with the use of abstract thought to solve adult problems.

c) Giving assistance for each student to gain a high standard of achievement according to his or her individual abilities and needs.

4) Parliament shall maintain school system

Parliament shall maintain and support a system of free public primary and secondary schools as defined by law. Every school district shall provide for the education of its pupils without discrimination as to religion, creed, race, colour or national origin.

5) No obligation to attend State school system

No child may be obligated to attend a State school. However, all children are required to attend a recognised educational facility or approved home educational environment until adulthood is reached or a comprehensive education is achieved.

6) Standards in education

The Government has a right and a duty to impose good standards for education and conduct upon all educational institutions large and small and to review and enforce the teaching of such subjects and courses that are necessary for functioning in the everyday world. However, no imposition of standards of education and conduct may be arbitrary or unjust nor run contrary to the principles of this Constitution.

7) Right to higher education

Every person who has achieved relevant qualifications from a recognised secondary school or has reached the age of 18 has a right to pursue higher education. This higher education, where provided by the State, shall be free of charge.

8) Definition of higher education

Higher education is education aimed at achieving specialist knowledge, primarily, but not exclusively aimed at the recipient’s career. It also means the pursuit of pure knowledge for the betterment of society and humankind.

13) Right to participation in arts, science and culture

Every person has the right to reasonable access to the cultural, scientific and artistic life of the community.

14) Right to protection of intellectual property rights

Every person has the right to the protection of the moral and material interests resulting from any unique scientific, literary or artistic production of which he or she is the independent originator.

15) Right to public libraries

Parliament shall provide by law for the establishment and support of public libraries which shall be available to all citizens under regulations adopted by the governing bodies thereof.

1) Definition of public libraries

‘Library’, for the purposes of this Constitution, shall mean places, whether physical, electronic or otherwise, specifically designed for the provision of free and readily-accessible information from and for all relevant cultures, freshly maintained and made widely available for the public. Regardless of the form which these libraries take, they must fulfil and where possible enhance but never diminish the traditional role of libraries in the Western world.

Article 6 . Right to a healthy and sustainable environment

Every person has the right to a national environment which is both healthy and ecologically sustainable. Every person has an obligation to protect and support this national environment.

Article 7 . Political accountability

General statement of rights

Every voter has the right to assume that his or her vote has been counted both confidentially & accurately. Every major group of voters has the right to assume that their interests are fairly & proportionately represented in Parliament. Every voter has a right to an electoral system that is transparent, efficient and free from undue influence or corruption. Every voter has a right and a duty to challenge all actions of Government which contravene the fair and decent democratic process.

1) Words must match deeds

The outcome of an election together with the subsequent Government must reflect both the wishes of the majority of voters and the promises made by individual politicians and political parties prior to the election.

2) Majority must rule

Regardless of the system by which votes are cast and counted, no government is to be considered legitimate unless the outcome reflects the votes cast by a majority of voters.

3) Voting system must be transparent

Regardless of the method used to cast, collect, collate & record votes in any election, the method for so doing must be readily understandable by an ordinary person, must be free of corruption and must be easily monitored by ordinary people and independent officials alike. No voting system shall be allowed in which ordinary people effectively lose track of where their votes have gone or are forced to rely on the integrity of people outside their control to ensure an honest and equitable outcome for the election.

Article 8 . Abuse of power or wealth

All activities of Parliament and Government must be enacted for the overall good of the people.

Any Act of Parliament can be challenged in the courts on the basis that the Act is the result of the use by any person or group of power, wealth or undue influence to subvert the political process. Further any Act of Parliament can be challenged in the courts on the basis that the enforcement of the Act would be to the detriment of the express or implied principles of fairness or similar guarantees within this Constitution.

Article 9 . Legislation; notification and due process

No law, nor rule nor regulation based upon any law which has the effect of significantly altering the status quo shall be enacted without widespread public notification and consultation with affected parties.

1) Except during States of Emergency and with the approval of both three-quarters of Members of Parliament and the High Court, no legislation shall proceed at a pace which effectively denies due process or inhibits the ability of the people to legally lobby or otherwise effectively respond to, organise objections to or protest about the proposed legislation.

Article 10 . Military power subordinate to civil power

Military power shall in all cases and at all times be in strict subordination to the civil power.

1) The armed forces shall be organised, equipped and disciplined as provided by law. No soldier shall, in time of peace, be quartered in any house without the consent of the owner or occupant, nor in time of war, except in a manner prescribed by law.

Article 11 . Treaty of Waitangi

General statement of rights:

This Constitution recognises the Treaty of Waitangi as an important founding document of the nation, which provided for certain fundamental rights granted to Maori; the State must forever abide by those principles unless the overwhelming national or public interest requires otherwise.

a) This Constitution recognises that the known original inhabitants of this nation called it Aotearoa. Accordingly, from the date of the enactment of this Constitution the nation shall be known at all times and in all places as Aotearoa-New Zealand, being a recognition of the people who came both before and after the original inhabitants.

b) This Constitution further recognises the right of all indigenous inhabitants and their descendents to conduct important traditional activities provided that these activities are carried out in the spirit of their traditional manner and are not destructive, violent nor conducted in a manner which will effectively or vindictively deny the rights of other persons, groups and races.

c) Limitations

The rights granted to Maori in this section shall not deny similar rights to other races and cultures which may predate or accompany Maori habitation of this State. Nor shall rights granted to Maori in this section have the effect of denying Constitutional rights to other persons and groups, nor the right of the Government to act according to the wider interests of the people of Aotearoa-New Zealand.

Article 12 . Judicial review

General statement of rights:

All final decisions, findings, rulings and orders of any administrative officer or agency existing under the Constitution or by law, which are judicial or quasi-judicial and affect private rights or licenses, shall be subject to direct review by the courts as provided by law. This review shall include, as a minimum, the determination whether such final decisions, findings, rulings and orders are authorised by law; and, in cases in which a hearing is required, whether the same are supported by competent, material and substantial evidence on the whole record.

Section three: The Justice System

Preamble:

The regulation of the practice of law, the maintenance of high standards in the legal profession, and the discharge of the profession’s duty to protect and inform the public are purposes in which the State of Aotearoa-New Zealand has a compelling interest. However, political and legislative activities are impermissible intrusions, as are activities designed to further commercial and economic interests of the members of the bar or any person or group at the expense of the greater social good.

Article 1 . Judicial power in court of justice; divisions

The judicial power of the State is vested exclusively in one court of justice which shall be divided into one trial court of general jurisdiction known as the District Court, the High Court, together with the various Courts of Appeal.

All other courts or tribunals within the justice system shall be under the administrative control of the District Court.

Article 2 . Existing courts shall remain

Statutory courts in existence at the time this Constitution becomes effective shall retain their powers and jurisdiction, except as provided by law, until they are abolished by law.

Article 3 . High Court shall administer; Courts of Appeal shall have control

The High Court shall have general superintending control over all courts and the power to issue, hear and determine prerogative and remedial writs. However, the Courts of Appeal shall always retain the ultimate judicial powers and jurisdiction over the entire court system.

Article 4 . Appointment of Chief Justice

One justice of the High Court shall be selected by the other judges of the Court as its Chief Justice and this appointment must then be confirmed or denied by the State Judicial Selection Commission. The Chief Justice shall by general rules establish, modify, amend and simplify the practice and procedure in all courts of this nation.

Article 5 . Power of appointment to public office

The High Court, the Courts of Appeal, the District Court, or any justices or judges thereof, shall not exercise any power of appointment to public office except as provided for in this Constitution.

Article 6 . Detailed decisions in writing

Decisions of all courts, including all decisions on prerogative writs, may be given verbally but must be detailed in writing and shall contain a concise statement of the facts and reasons for each decision and reasons for each denial of leave to appeal. When a judge dissents in whole or in part he or she shall give in writing the reasons for his or her dissent.

Article 7 . Appointment of judges

1) District Court, composition & appointment of judges

The District Court shall comprise of a reasonable number of judges of good character, who have shown exemplary conduct in their conduct as barristers and/or solicitors over a period of not less than five years, approved by a three-quarters majority of Parliament after public examination before the State Judicial Selection Commission.

No person with significant direct or indirect links to the management of any relevant political party, trade union, corporation, business or business group, nor of any other political pressure or special-interest group may be a District Court judge.

District Court judges may be appointed individually or as a group. Any person who fits the legal criteria and wishes to be appointed must forward his or her name to the State Judicial Selection Commission. The names will be kept in the order in which they arrive and the number of prospective judges examined will be those necessary to fill the available positions with persons of good character.

In the event that the committee cannot decide on the suitability or otherwise of a particular candidate, that candidate’s name will be forwarded with any others to a full hearing of Parliament. After a further public examination of the candidate in front of Parliament, a vote will be taken in accordance with the rules below and the candidate either confirmed in or denied the position.

After the State Judicial Selection Commission has forwarded the list of recommended candidates to Parliament, Parliament must vote on the possible candidates within 90 days. Candidates are not required to be present during the vote or votes.

Each candidate’s name must be read out in the order in which his or her application was first received by State Judicial Selection Commission and he or she is confirmed in his or her position when he or she has received an affirmative vote from three-quarters of all Members of Parliament. The voting by Parliament on candidates shall cease when all available positions have been filled.

A District Court judge shall be appointed for an initial period of one year, after which the State Judicial Selection Commission may review his or her performance and either terminate his or her appointment or confirm it for a further five years.

2) High Court, composition & appointment of judges

The High Court shall comprise of a reasonable number of judges of good character, who have shown exemplary conduct in their conduct as District Court judges over a period of not less than five years, approved by a three-quarters majority of Parliament after public examination in front of the State Judicial Selection Commission.

No person with significant direct or indirect links to the management of any relevant political party, trade union, corporation business or business group, nor of any other political pressure or special-interest group may be a High Court judge.

High Court judges must be appointed individually. Any person who fits the legal criteria and wishes to be appointed must forward his or her name to the State Judicial Selection Commission. The names will be kept in the order in which they arrive and the number of prospective judges examined will be those necessary to fill the available positions with persons of good character.

In the event that the committee cannot decide on the suitability or otherwise of a particular candidate, that candidate’s name will be forwarded with any others to a full hearing of Parliament. After a further public examination on the candidate in front of Parliament, a vote will be taken in accordance with the rules below and the candidate either confirmed in or denied the position.

3) State Judicial Selection Commission, composition and duties of

When a vacancy shall appear in any of the Court benches, the Government of the day must convene a State Judicial Selection Commission within 60 days. This committee shall represent the views of at least three quarters of the Members of Parliament.

The chairman of the State Judicial Selection Commission shall be a retired High Court judge or, if one is not available, such person as is selected as being fair and objective by the State Judicial Selection Commission and approved by the High Court.

The State Judicial Selection Commission shall, after reasonable public notification, hold public examinations of any person who has put his or her name forward as a potential High Court judge.

Any able person with personal knowledge of the candidate may offer his or her testimony as to the candidate’s character and shall enjoy Parliamentary privilege during his or her time of testimony.

No candidate for a position of judge may be arbitrarily excluded from examination as a candidate unless he/she fails to meet the legal criteria for the job. The State Judicial Selection Commission shall, after examining possible candidates within a reasonable period of time and according to the rules above, forward the list of possible candidates to Parliament for voting within 60 days.

4) Appeals Court, appointment of judges

The Appeals Court shall comprise of a reasonable number of persons of good character, who have shown exemplary conduct in their conduct as High Court judges over a period of not less than five years, approved by a three-quarters majority of Parliament after public examination before the State Judicial Selection Commission.

Appeal Court judges must be appointed individually. Any person who fits the legal criteria and wishes to be appointed must forward his or her name to the State Judicial Selection Commission. The names will be kept in the order in which they arrive and the number of prospective judges examined will be those necessary to fill the available positions with persons of good character.

In the event that the committee cannot decide on the suitability or otherwise of a particular candidate, that candidate’s name will be forwarded with any others to a full hearing of Parliament. After a further public examination on the candidate in front of Parliament, a vote will be taken in accordance with the rules below and the candidate either confirmed in or denied the position.

Article 8 . Courts of Appeal

Every judicial decision is subject to appeal in the Court which is its superior, and the highest court shall be the International Court of Appeal.

1) Previous judges excluded

No judge who is hearing an appeal may have been party to the original decision.

2) Composition

The Courts of Appeal shall be as follows:

a) Any decision by a tribunal under the control of the District Court may be appealed before the District Court unless the rules under which the tribunal operates require any appeal to be made to the High Court.

b) Any decision by the District Court may be appealed before the High Court.

c) Any decision by the High Court may be appealed before the Court of Appeals.

d) Any decision by the Court of Appeal may be appealed before the International Court of Appeal. Decisions of the International Court of Appeal may not be appealed further unless the majority of the justices of the International Court of Appeal grant leave in special cases.

Article 9 . International Court of Appeal, formation & composition

1) Composition

The International Court of Appeal shall comprise of judges of the highest calibre, a three-quarters majority of whom must work and reside outside this nation. The State for which these judges work must have a similar legal system.

2) Privy Council may remain

The Privy Council may continue to act as the de facto International Court of Appeal without time limit until deemed unfit for the purpose by a three-quarters majority of Parliament.

3) Formation

Should The Privy Council be deemed unfit for the purpose of an International Court of Appeal by a three quarters majority of Parliament, then Parliament must form an International Court of Appeal by international treaty two years before the discontinuation of the use of the Privy Council. Any cases which are in the process of consideration by the Privy Council at the date of the enactment of the International Court of Appeal may be continued to be heard by the Privy Council sine die.

a) The international treaty to form an International Court of Appeal must be ratified by Act of Parliament passed by a three-quarters majority of Parliament.

4) Duties

The International Court of Appeal must assemble at least twice a year for the purpose of issuing final rulings on contentious legal issues. Except as prescribed above, any ruling by the International Court of Appeal is final.

Any Act which establishes or alters the composition of the International Court of Appeal must be passed by a three quarters majority of Parliament.

5) Removal of District Court judges

A District Court judge, once selected, cannot be removed within his or her term of office except for serous incompetence, corruption, significant criminal conviction or behaviour (other than an unpopular ruling by the judge concerned) which would tend bring the Court into serious public disrepute and/or jeopardise that judge’s ability to perform his duties fairly and objectively.

A District Court judge can be removed in only two ways:

a) By vote of no confidence from representatives of the majority of fellow District Court judges. If a judge should lose this vote, he/she is immediately suspended from duties but is not removed from office unless the vote of no confidence is backed by a three-quarters vote of the State Judicial Selection Commission within 60 days.

b) By a three-quarters vote of the State Judicial Selection Commission after careful, public examination of the judge concerned. A District Court judge can be removed from office without the passage of a vote of no confidence from the majority of fellow District Court judges.

6) Removal of High Court judges

A High Court judge, once selected, cannot be removed within his lifetime except for serious incompetence, corruption, significant criminal conviction or behaviour (other than an unpopular ruling by the judge concerned) which would tend bring the Court into serious public disrepute and/or jeopardise that judge’s ability to perform his duties fairly and objectively.

A High Court judge can be removed in only two ways:

a) By vote of no confidence from representatives of the majority of fellow High Court judges. If a judge should lose this vote, he/she is immediately suspended from duties but is not removed from office unless the vote of no confidence is backed by Act of Parliament within 60 days.

b) By Act of Parliament in which three quarters of elected Members of Parliament vote in favour of the motion after careful, public examination of the judge concerned. An Act of Parliament to remove a High Court judge can be passed without the passage of a vote of no confidence from the majority of fellow High Court judges.

i) No more than one High Court judge can be removed from office within any 30 day period, but any High Court judge can be suspended from duty for up to 90 days with the approval of a three-quarter majority of Parliament, provided that such suspension is approved by the Governor General. No High Court judge can be suspended from duty for more than 90 days without the approval of both the Governor General and the Chief Justice.

ii) Provided that the suspension or removal from office of a High Court judge is conducted lawfully, no such suspension or removal may be further challenged in the Courts of Appeal.

Article 10 . Detention of serious criminals

1) Definition

Where a person has committed a violent or overwhelmingly repugnant act or serious threat of such an act against any other person or persons, or series of such acts which indicate a pattern of extreme antisocial criminal behaviour, the prosecutor of that person may apply to the High Court for a ruling that the criminal concerned is a serious threat (and not merely a nuisance) to public safety, and may therefore request that the criminal concerned be classified by the Court as a serious criminal risk and henceforth be detained permanently or semi-permanently under the following conditions:

i) Offence must be recently committed

In order to be deemed a serious criminal risk, the person concerned must have been convicted within 90 days (of consideration before the High Court under an application for a ruling that the criminal concerned is a serious threat to public safety) for a criminal offence carrying a potential penalty of imprisonment.

ii) Offence need not be serious

The offence for which a criminal is under consideration does not need to be a serious offence if, in conjunction with previous offences, the offence tends to show a pattern of offending which poses a serious threat to society and which is likely to continue if the criminal is not removed from society.

iii) Two High Court judges required to rule

The person who is accused of being a serious criminal risk must be brought before the High Court for examination by no less than two High Court judges who must agree on their verdict.

iv) Right to effective legal counsel

The person who is accused of being a serious criminal risk has a right to effective legal counsel throughout the proceedings.

v) Offence must be in character

The examining judges must be satisfied that the offence for which the criminal was convicted did not occur as a result of harassment by law enforcement agents or others. The examining judges must also be satisfied that the offence for which the criminal under examination has been convicted is in character for the offender and was not the result of entrapment; viz, the examining judges must be satisfied that the criminal was not entrapped into committing an offence that would likely not otherwise have occurred without the collusion of the law enforcement agents or other persons or groups who are known to be hostile to the criminal under examination.

2) Sentencing

If both examining judges are satisfied that a person is a serious criminal risk, such person must given a classification as an ‘A’ category, ‘B’ category or ‘C’ category risk and be sentenced as follows:

a) ‘A’ category risk

If the criminal is classified as an ‘A’ category risk, he or she is to be securely detained throughout his or her life and shall only be released by Act of Parliament.

b) ‘B’ category risk

If the criminal is classified as an ‘B’ category risk, he or she is to be securely detained for a term of imprisonment with a minimum custodial period and a maximum of his or her life. A ‘B’ category risk prisoner may only be released after the minimum period of the sentence has expired and when he or she can satisfy the parole board or other body with the power to grant release that he/she has demonstrated an overwhelming change of attitude. A ‘B’ category risk prisoner shall receive such counselling or other support as may be reasonably assumed to assist in his or her rehabilitation.

i) Any criminal later seeking release on the basis of having demonstrated an overwhelming change of attitude must produce proof in terms of conduct such as achievement of useful education, compassionate work on behalf of others, long-term religious conversion etc and not merely passive good behaviour during the term of imprisonment. No parole board or other body with the power to grant release may release the prisoner unless they are overwhelmingly satisfied that he/she no longer represents a significant threat to public safety.

ii) After removal from ‘B’ category, the prisoner is to be reclassified as a ‘C’ category risk.

c) ‘C’ category risk

If a criminal is classified as a ‘C category risk’, he or she must live and work where directed, and must undergo such counselling and treatment as directed by the authority charged with his or her care. The ‘C’ category risk criminal may be detained at some dwelling place or institution during some or all of the time and may have a curfew imposed at any time. He/she may further be ordered not to go to certain places nor to associate or communicate, directly or indirectly, with any persons who may be specified by the authority charged with his or her care.

d) ‘C’ category risk; discharge

After a period of not less than one year, the ‘C’ category risk’ criminal may apply to the High Court for a complete discharge. A minimum of two judges shall be required for each hearing and both judges must agree before a complete discharge can be approved. The High Court may not hear frivolous applications, and each discharge application for a ‘C’ category risk criminal must follow at least twelve months after the last. The High Court is required to inform the public, and especially any victims of the ‘C category risk’ criminal and is further required to canvas the views of the public and any victims. The High Court shall not grant a complete discharge unless both judges are satisfied beyond all reasonable doubt that the criminal no longer represents a significant threat to public safety.

3) Parliament must allocate funds

Parliament must allocate sufficient funds for the imprisonment of and secure care of all persons categorised as a serious criminal risk.

Article 11 . No criminal shall profit from crime

No criminal shall be allowed to profit from his or her crime; any recovered or subsequent proceeds from crime must be directed to that criminal’s victims, or to the alleviation of suffering of victims of crime generally.

Article 12 . Aotearoa-New Zealand Police Service; powers and functions

The powers and functions of the Aotearoa-New Zealand Police Service (hereinafter called ‘the Service’) shall be:

a) the prevention of crime;

b) the investigation of any offence or alleged offence;

c) the maintenance of law and order; and

d) the preservation of the internal security of the nation together with the restoration and preservation of the security of such external places as may be requested by other countries or recognised international bodies and where the nature of any such activities is not repugnant to this Constitution.

e) to perform its duties without fear or favour.

1) State Commission for Police

Government shall establish and fund the State Commission for Police according to rules for State Commissions outlined in Section six, Article 37 of this Constitution.

2) State Commission for Police; composition

50% (or as close as it is practicable to achieve) of the members of the State Commission for Police shall hold recognised degrees in law, but shall not be present or former members of the Police Service. 40% (or as close as it is practicable to achieve) shall be present or former members of the Police Service, and the remaining 10% (or as close as it is practicable to achieve) shall be persons of good character drawn from throughout the community.

3) State Commission for Police; duties and roles

Subject to the rules for State Commissions outlined above, the State Commission for Police shall:

(a) Receive nominations for the position of National Commissioner of the Aotearoa-New Zealand Police Service (hereinafter called the ‘National Commissioner’).

(b) provide for the establishment and maintenance of uniform standards of policing at all levels regarding-

(i) the exercise of police powers;

(ii) the recruitment, appointment, promotion and transfer of members of the Service;

(iii) suspension, dismissal, disciplinary and grievance procedures;

(iv) the training, conduct and conditions of service of members of the Service;

(v) the general management, control, maintenance and provisioning of the Service;

(vi) returns, registers, records, documents, forms and correspondence; and

(vii) generally, all matters which are necessary or expedient for the achievement of the purposes of this Constitution.

(c) The State Commission for Police shall set out the circumstances which shall be regarded as organised crime and the circumstances which require national investigation and prevention or specialised skills; and shall be active in:

i) international police liaison;

ii) the keeping and provision of crime intelligence data, criminal records and statistics; and,

iii) the training of members of the Service, including any ancillary police services to be established; and,

iv) the recruitment, appointment, promotion and transfer of all members of the Service; and,

v) the provision of forensic laboratory services; and,

vi) such functions relating to border control and the import and export of goods as may be assigned to the Service; and,

vii) national protection services; and,

viii) the establishment of a special task force for high risk operations which require specialised skills; and,

ix) such other functions as-

I) are necessary to achieve the objectives referred to in this Article; and

II) are appropriate functions for which the National Commissioner should take responsibility.

4) Local policing

The State Commission for Police shall provide for the establishment of community-police forums. The functions of community-police forums referred to shall include:

a) the promotion of accountability of the Service to local communities and cooperation of communities with the Service;

b) the monitoring of the effectiveness and efficiency of the Service;

c) advising the Service regarding local policing priorities;

d) the evaluation of the provision of visible Police Services, including-

(i) the provision, siting and staffing of police stations;

(ii) the reception and processing of complaints and charges;

(iii) the provision of protective services at gatherings;

(iv) the patrolling of residential and business areas; and

(v) the prosecution of offenders; and

e) requesting enquiries into policing matters in the locality concerned.

5) Local law enforcement services

The State Commission for Police shall make provision for the establishment by any local government of a municipal or metropolitan law enforcement service, provided that:

(a) such a police service may only be established with the consent of the Commission, and

(b) the powers of such a law enforcement service shall be limited to crime prevention and the enforcement of municipal and metropolitan bylaws.

6) Complaints against police

In addition to a general cooperation with the Police Ombudsman, the State Commission for Police shall ensure that complaints in respect of offences and misconduct allegedly committed by members of the Service are investigated in an objective, effective and efficient manner.

7) Restrictions on outside duties

No policeman or policewoman shall perform or commit himself or herself to perform similar remunerative work outside his or her official duties.

8) Minister

The Prime Minister shall, subject to this Constitution, charge a Minister with responsibility for the Service.

9) National Commissioner; criteria

Candidates for the position of National Commissioner must have a minimum of ten year’s background in law enforcement (or have demonstrated exceptional skills in this area over a lessor period of time), be persons of good character and be able to demonstrate a history of effective and compassionate conduct in their area of specialisation. The State Commission for Police shall hold public hearings and be empowered to make general enquiries into the character and past conduct of candidates and thereafter nominate a candidate for the position of National Commissioner.

(a) Parliamentary approval

The National Commissioner shall be confirmed in his position if he receives an affirmative vote by a three-quarters majority of Members of Parliament.

i) Should the nominee for National Commissioner fail to gain the approval Parliament, he shall be excluded from further nomination for a further six months.

ii) During such time as there is no National Commissioner, the Governor General shall, subject to this Constitution, be the acting National Commissioner.

iii) Should the nominee for National Commissioner fail to gain the approval of Parliament, the State Commission for Police shall repeat the process of finding a suitable nominee until one accepted by Parliament.

(b) National Commissioner shall exercise executive command

The National Commissioner shall exercise executive command of the Police Service, subject to this Constitution

10) Removal of a National Commissioner

The Prime Minister may, if the National Commissioner has lost the confidence of the Cabinet, institute appropriate proceedings against the Commissioner in accordance with law.

A National Commissioner may be removed from office in two ways:

1) By Act of Parliament passed by a three-quarters majority of all Members of Parliament

2) By application to the High Court alleging incompetence, corruption or misuse of office.

11) National Commissioner; national duties

The National Commissioner shall, at a national level, be responsible for

a) the maintenance of an impartial, accountable, transparent and efficient police service;

b) the preservation of the internal security in the nation;

c) the investigation and prevention of organised crime or crime which requires national investigation and prevention or specialised skills.

12) National Commissioner; regional duties

The National Commissioner, at a regional level, shall be responsible for

a) the investigation and prevention of crime;

b) the development of community-policing services;

c) the maintenance of public order;

d) the provision in general of all other visible policing services, including

i) the establishment and maintenance of police stations;

ii) crime reaction units; and

iii) patrolling services;

(e) protection services in regard to provincial institutions and personnel.

Article 13 . Aotearoa-New Zealand State Security Intelligence Service, role, composition, powers and duties of

The State Security Intelligence Service (hereinafter called the Security Intelligence Service) shall have the task of investigating treason, the threat of treason, and serious acts of terrorism.

a) The Security Intelligence Service must act according to the principles of this Constitution but may apply to the High Court for such reasonable surveillance powers as are necessary to fulfil its role in a given situation.

b) The Security Intelligence Service shall operate under the direct control of the State Commission for Security Intelligence.

1) State Commission for Security Intelligence

The Government shall establish and fund the formation and maintenance of the State Commission for Security Intelligence according to the rules for State Commissions outlined in Section six, Article 37 of this Constitution..

2) State Commission for Security Intelligence, role, composition, powers and duties of

The State Commission for Security Intelligence shall establish what, if any, treasonous or serious terrorist threats exist to national security.

a) 50% (or as close as it is practicable to achieve) of the members of the State Commission for Security Intelligence shall hold recognised degrees in law, but shall not be present or former members of the Police Service or Security Intelligence Service. 40% (or as close as it is practicable to achieve) shall be non-partisan persons with specific experience pertaining to international affairs or intelligence matters (not being present or former members of the Police Service or Security Intelligence Service) and the remaining 10% (or as close as it is practicable to achieve) shall be persons of good character drawn from throughout the community.

b) The Commission shall, on an annual basis, publicly present its general findings to Parliament (but not disclose secret information without the authorisation of Parliament or the High Court), and provide a full report in secret to the Prime Minister, Governor General, the Leader of the Opposition and the Chief Justice.

c) The Commission must also prepare budgets and monitor the operations of the Security Intelligence Service. The Commission must further compile the reports and rulings of the High court and present them as required to authorised parties.

3) Interception Warrants; issuing of

When a specific threat of treason or serious terrorism is brought to the attention of the Security Intelligence Service, the Service may apply to the High Court for an Interception Warrant, which will allow the free interception and reasonable observation of any communications between a person or group suspected of treason or terrorism and any others. The Warrant must be renewed on a monthly basis by the High Court.

a) No interception warrant may be issued by the High Court without substantial evidence being offered as to:

i) The nature of the alleged treason or terrorism, including the specific threat the person of group poses

ii) A clear identification of the person or group involved

iii) A clear and detailed plan of the nature and type of surveillance proposed by the Security Intelligence Service, including the names of all agents involved.

4) Interception Warrants; judicial review

No later than 90 days after the issuing of an Interception Warrant, no less than two High Court judges must conduct a detailed review of the case in chambers. A representative of the Security Intelligence Service (including, wherever practicable, the specific agent or agents named in the Interception Warrant), the Prime Minister’s office and the State Commission for Security Intelligence must appear at this hearing. The judges are to enquire in detail about the nature and specifics of the case and all parties present are required to answer fully and frankly.

If the Security Intelligence Service wishes the continuation of the Interception Warrant, the judges are to issue a ruling at the conclusion of the hearing. The judges must also find as to the general conduct of the Security Intelligence Service and its agents and may issue penalties if either have acted unlawfully.

All rulings by the High Court on Security Intelligence Service matters are to remain confidential to the Prime Minister, the Governor General, the Leader of the Opposition & The State Commission for Security Intelligence unless the High Court rules that public disclosure is desirable.

5) Interception warrants under exceptional circumstances

When treason is suspected within or associated with the Security Intelligence Service, the Prime Minister’s office, the Governor General, the Leader of the Opposition and/or the State Commission for Security Intelligence, application can be made by the Police Service, together with any individual member of the above groups to the High Court for a Interception Warrant Under Exceptional Circumstances. This must be granted by no less than three High Court judges who must all agree after a full hearing in chambers. The Warrant must be issued for a specified period and name the parties concerned, but does not have to be notified to the person or group under suspicion.

a) No later than 30 days after the issuing of an Interception Warrant Under Exceptional Circumstances, no less than two High Court judges must conduct a detailed review of the case in chambers and may summon such witnesses as they deem appropriate. The judges are to enquire in detail about the nature and specifics of the case and all parties present are required to answer fully and frankly.

b) If the Police and/or Security Intelligence Service seek the continuation of the Interception Warrant, the judges are to issue a ruling at the conclusion of the hearing. The judges must also find as to the general conduct of the Police and Security Intelligence Service and its agents and may issue penalties if either have acted unlawfully.

6) Security Intelligence Service; restrictions on powers and operations

The Security Intelligence Service shall perform its duties without fear or favour.

a) The Security Intelligence Service shall never operate against citizens of Aotearoa-New Zealand except as prescribed by law and authorised in this Constitution.

b) The Security Intelligence Service shall never undertake operations with or for a foreign power that are in effect against the interests of Aotearoa-New Zealand.

c) The Security Intelligence Service shall never undertake operations with or for a foreign power where such operations are primarily intended to reinforce the power of a government which is non-elected or which is clearly against the interests of that nation’s people.

d) The Security Intelligence Service in peacetime shall exercise the greatest of restraint in undertaking operations with or for a foreign power which practises gross human rights violations against it’s own or other people as defined by the United Nations or other recognised humanitarian bodies.

7) Public Disclosure of Police and Security Intelligence matters

Any citizen can apply to the High Court for an authorisation to publicly disclose any matter concerning the Police or Security Intelligence Service and their operations. All such hearings must be in chambers, and, unless the judge rules otherwise, in secret. The judge or judges must rule according to the public interest.

8) Definitiona

a) ‘Treason’ shall mean only levying war, or conspiring to levy war against the State or in assisting its enemies, giving them aid and comfort or conducting, or conspiring to conduct, a concerted and malicious attempt to end the process of freely elected government and/or a concerted and malicious attempt to end or render ineffective the fundamental rights and liberties guaranteed to the people of Aotearoa-New Zealand under this Constitution.

b) ‘Terrorism’ shall mean the use of terror (whether in an organised or random fashion) to coerce, intimidate or express a violent emotion or belief.

Article 14 . Aotearoa-New Zealand Department of Justice, role, composition, powers and duties of

The Department of Justice shall effect the efficient and compassionate administration of justice, including but not restricted to the courts, all places of detention, the collection of fines and restitution, the reasonable exercise of censorship according to the rules of this Constitution.

1) State Commission for Justice

The Government shall establish and fund the formation and maintenance of State Commission for Justice according to the rules for State Commissions outlined in Section six, Article 37 of this Constitution..

2) State Commission for Justice, role, composition, powers and duties of

The Commission shall be competent to investigate and administer the budget, functioning, organisation, policy and to perform such other functions relating to supervision of justice as may be prescribed by law.

50% (or as close as it is practicable to achieve) of the members of the State Commission for Justice shall hold recognised degrees in law, but shall not be present or former members of the Police Service. 40% (or as close as it is practicable to achieve) shall be non-partisan persons with specific experience pertaining to the compassionate administration of justice and the remaining 10% (or as close as it is practicable to achieve) shall be persons of good character drawn from throughout the community.

3) Justice Commission shall appoint Department head

The State Commission for Justice shall appoint a head of the Department of Justice, who shall exercise executive command of the department.

4) Prime Minister shall appoint responsible Minister

The Prime Minister shall appoint a Minister of Justice, who shall represent the Government in all dealings with the head of the Department of Justice and the State Commission for Justice.

5) Department of Justice to provide legal aid or lawyers

The Department of Justice shall fulfil the Government’s Constitutional obligation to provide for legal aid or lawyers according to the Bill of Rights. Parliament shall provide adequate funding for this role.

Article 15 . State Civil Rights Commission; role, composition, powers and duties of

Preamble:

It shall be the duty of the State Civil Rights Commission in a manner which may be prescribed by law to investigate alleged discrimination against any person because of religion, race, colour, sexual preference or national origin in the enjoyment of the civil rights guaranteed by law and by this Constitution, and to secure the equal protection of such civil rights without such discrimination. Parliament shall provide an annual appropriation for the effective operation of the Commission.

1) State Civil Rights Commission; appointment and composition

The State Civil Rights Commission is to be appointed and maintained according to the State Commissions rules in Section six, Article 37 of this Constitution..

2) Rules and regulations; hearings, orders

The Commission shall have power, in accordance with the provisions of this Constitution and of general laws governing administrative agencies, to promulgate rules and regulations for its own procedures, to hold hearings, administer oaths, through court authorisation to require the attendance of witnesses and the submission of records, to take testimony, and to issue appropriate orders. The Commission shall have other powers provided by law to carry out its purposes.

a) Limitations

Nothing contained in this section shall be construed to diminish the right of any party to direct and immediate legal or equitable remedies in the courts of this State.

Article 16 . State Ombudsmen Selection Commission; duties & powers

Government shall establish and fund the State Ombudsmen Selection Commission according to rules for State Commissions outlined in Section six, Article 37 of this Constitution. The State Ombudsmen Selection Commission shall have the duty of appointing Ombudsmen who shall have the responsibilities for the following sectors, and other such sectors as shall be nominated by a three-quarters majority of Parliament from time to time:

1) State Ombudsmen; general duties & powers

The State Ombudsmen shall in effect be deputies to the Governor General. They shall report to the Governor General in the first instance but shall be independently responsible to the people of Aotearoa-New Zealand. Each of the Ombudsman shall have the duty and power to enquiry widely and freely the conduct of any individual or group within his or her jurisdiction. Each Ombudsman may enlist all reasonable help of other Government bodies, together with the courts. Each Ombudsman shall have the following duties in his or her area of specialisation:

a) To act on behalf of any citizen or group of citizens in obtaining justice.

b) To fairly investigate complaints from individuals and groups regarding their treatment in that Ombudsman’s area of responsibility and, where appropriate, to issue rulings according to law, and to enforce, or call in other government bodies to enforce, such rulings.

c) Where appropriate, to refer cases of back for rehearing.

d) To provide arbitration in disputes

e) To issue directives to State agencies where there has been an injustice.

f) To seek High Court clarification of points of law on behalf of affected parties and instigate enforcement of the findings.

g) To prepare reports and make recommendations to Parliament.

h) To act without fear or favour.

2) State Ombudsmen; specific duties & powers

a) Chief Ombudsman

This person shall carry responsibility for general complaints against Government and shall have a supervisory role for the other Ombudsmen.

b) Environmental Ombudsman

This person shall carry responsibility for general complaints regarding the treatment of the environment and/or a person or group’s relationship to the environment.

c) Financial Ombudsman

This person shall carry responsibility for general complaints against the financial sector.

d) Insurance Ombudsman

This person shall carry responsibility for general complaints regarding the assessment and/or collection of taxes.

e) Justice Ombudsman

This person shall carry responsibility for general complaints regarding the justice system, bailiffs, sheriffs, court staff, legal aid bodies, prisons and prison staff of all types, the administration of the courts, behaviour and conduct of judges.

f) Local Body Ombudsman

This person shall carry responsibility for general complaints regarding Local Bodies.

g) Legal Ombudsman

This person shall carry responsibility for general complaints regarding the legal profession other than those regarding the justice system generally.

h) Police Ombudsman

This person shall carry responsibility for general complaints regarding Police and general law enforcement.

i) Privacy and Information Ombudsman

This person shall carry responsibility for general complaints regarding privacy pursuant to the Bill of Rights and shall adjudicate in disputes over rights of access to information pursuant to this Constitution generally.

j) Social welfare and Accident compensation Ombudsman

This person shall carry responsibility for general complaints regarding the payment of non-commercial compensation following injury, together with the provision of housing, goods or services for those in need.

k) Taxation Ombudsman

This person shall carry responsibility for general complaints regarding the assessment and/or collection of taxes.

3) Ombudsman must give reasons

Wherever an Ombudsman gives a decision, where applicable it must be in writing and clearly state the reasons for the decision.

4) Terms of office

Each Ombudsman is appointed for an initial period of one year, after which the State Ombudsmen Selection Commission shall examine his or her performance at a public hearing. The State Ombudsmen Selection Commission will then make recommendations to Parliament on the individual Commissioners who are then removed from office and replaced according to the rules above or returned to office for a further five years, after which the examination/removal or replacement of each Commissioner is confirmed according to the rules above.

5) Restrictions on Ombudsmen

No Ombudsman shall perform or commit himself or herself to perform remunerative work outside his or her official duties.

6) Removal of an Ombudsman

An Ombudsman may be removed from office in only three ways:

a) By Act of Parliament passed by a three-quarters majority of all Members of Parliament

b) By application to the High Court alleging incompetence, corruption or misuse of office.

c) By order of the Governor-General.

Section Four: Citizens’ Charter

Preamble:

The nation is a cooperative body; all citizens have certain inalienable rights, but all adult citizens also have certain duties to the State. Therefore, every law court, tribunal or body of adjudication shall use the Citizens’ Charter as a basis for comparison between the rights of each person as guaranteed under this Constitution, and the duties of each person to the State, as summarised below.

All citizens have a duty:

1) To take responsibility for their actions, wherever reasonable.

2) To endeavour to provide the best support for their children, families, associates and culture.

3) To help meet the costs of running the nation, and to minimise their reliance on State assistance.

4) To be ethical and compassionate in their daily activities, and foster those values in their families.

5) To make good use of learning institutions and encourage their children to do the same.

6) To provide a safe and loving home environment for themselves and others wherever possible.

7) To respect the rights of others.

8) To understand that the Government can only ever be a reflection of the people who create it, and therefore to take every reasonable step to support wholesome Government activities, while always vigorously opposing arbitrary, callous, cruel or bureaucratic rule.

9) To understand the politics of the day, and to vote according to their consciences

10) To live with a sensitive understanding of the ecosphere in which we live, and understand how we, as individuals and as a group, affect the world around us.

11) To help provide help for those in need.

12) To oppose conflict both locally and internationally, but be prepared to take a firm moral stand against injustice.

13) To reach their full potential as human beings.

14) Limitation:

Nothing in this section shall permit the imposition of arbitrary or otherwise unreasonable standards of behaviour upon any person or group.

Section Five: The Electoral System

Article 1 . Qualifications of electors; residence

Every citizen of Aotearoa-New Zealand who has attained the age of 18 years, and who meets the requirements of local residence provided by law, shall be an elector and qualified to vote in any election except as otherwise provided in this Constitution.

Article 2 . Place and manner of elections

The government shall enact and maintain laws to regulate the time, place and manner of all nominations and elections, except as otherwise provided in this Constitution. The Government shall enact laws to preserve the purity of elections, to preserve the secrecy of the ballot, to guard against abuses of the elective franchise, and to provide for a system of voter registration and absentee voting.

Article 3 . Mental incompetence; imprisonment

Parliament may by law exclude persons from voting because of mental incompetence or commitment to a jail or penal institution.

Article 4 . Timing of elections

Except for special elections to fill vacancies, or as otherwise provided for in this Constitution, all elections for national, local body, community board & community trust offices shall be held every three years and, as far as possible, at the same time.

Article 5 . Restrictions on timing of elections

No Parliamentary, public governing body or local body election shall be called without 90 days prior notice to the affected people.

Article 6 . Numbers of Members of Parliament

Parliament shall consist of such numbers of Members as are needed to ensure the efficient functioning of democracy for all persons of the nation. The number of Members shall be set by the State Electoral Commission after widespread consultation.

Article 7 . Election of Members of Parliament

Each MP must be freely elected from a duly allocated electoral district or from votes cast to a legitimate party grouping at the same election as provided for in this Constitution.

Article 8 . Legislators; qualifications, removal from district

Each Member of Parliament must be a citizen of the Aotearoa-New Zealand, at least 18 years of age, and, if an electorate Member, an elector in the district he represents.

1) Removal of domicile

Except where the domicile is moved for compassionate reasons or because of circumstances outside the control of the Member concerned, the removal of an electorate Member’s domicile from his electoral district shall be deemed a vacation of the office.

2) Conviction bar to office

No person who has been convicted of subversion or who has within the preceding 20 years been convicted of a violent or overwhelmingly repugnant crime or crime involving a breach of public trust shall be eligible for Parliament.

3) Ineligibility of government officers and employees

No judge of the law courts, or person holding any senior office, employment or position in the State sector may be a Member of Parliament.

Article 9 . Electoral Commission, powers and duties of

The State Electoral Commission is to be appointed and maintained according to the State Commissions rules in Section six, Article 37 of this Constitution.

1) Population-based electoral districts, apportionment factors

In allocating districts of the State, for the purpose of electing population-based Members of Parliament, each electoral district shall be assigned apportionment factors equal to the sum of its percentage of the nation’s population as shown by the last independent census.

2) Independent census must be held; electoral roll

An independent and comprehensive census of population must be held no later than one full year prior to the next mandatory date for the next general election. All persons shall be required to provide reasonable information for the census, which shall be used to provide statistical information from which population-based electorates can be fairly and accurately devised. The information derived from the census shall also be used as comparative statistics when compiling the national electoral roll.

3) Non-population-based electoral representation

A significant percentage of all Parliamentary seats shall be allocated on the percentage basis of national popular support for each political party. The manner in which this is done will be proposed by the Electoral Commission whenever there is serious, widespread and ongoing public debate on the issue. If the The State Electoral Commission proposes an amendment to the proportional representation method, and the Commission is unanimous in its proposed amendment, then the amendment will be passed to Parliament and to the voters for approval or disapproval in the manner described below. If the Electoral Commissioners cannot agree as to proposed amendment, then the amendment with the greatest number of votes from all Electoral Commissioners, together with the amendment with the next-greatest number of votes, shall be offered for Parliamentary and voter approval.

4) State Electoral Commission Electoral Boundaries Committee

The State Electoral Commission Electoral Boundaries Committee shall be responsible for the allocation of electoral boundaries based on population. The size of the Commission will be sufficient to complete its duties not later than one full year prior to the next mandatory date for the next general election.

a) Appointment, term, vacancies

Half the members of the State Electoral Commission Electoral Boundaries Committee shall be appointed by free vote from other members of the State Electoral Commission. The other half of the Commission shall be District Court judges as chosen at random by the Chief Justice. The chairman of the Commission, who shall have casting vote, shall be the Governor General.

i) Members of the Commission shall hold office until each apportionment or districting plan becomes effective. Vacancies shall be filled in the same manner as for original appointment.

ii) Other than detailed above, no officers or employees of the State or local governments shall be eligible for membership on the State Electoral Commission Electoral Boundaries Committee

iii) Members of the State Electoral Commission Electoral Boundaries Committee shall not be eligible for election to Parliament until five years after the apportionment in which they participated becomes effective.

b) Timing

Within 30 days after the adoption of this Constitution, and after the official total population count of each national census and its political subdivisions is available, the Governor General shall issue a call convening the Commission not less than 30 nor more than 45 days later. The Commission shall complete its work within 180 days after all necessary census information is available. The Commission shall proceed to district and apportion Parliament according to the provisions of this Constitution.

The State Electoral Commission Electoral Boundaries Committee shall also meet whenever apportionment or districting of Parliament is required by the provisions of this Constitution.

c) Majority required

All final decisions shall require the concurrence of a majority of the members of the Commission. The Commission shall hold public hearings.

d) Transparency

All meetings of the State Electoral Commission Electoral Boundaries Committee must be publicly advised and shall be accessible to both the news media and authorised representatives from all political parties. Access must also be granted on a reasonable basis to members of the public.

e) Funding

Parliament shall appropriate funds to enable the Committee to carry out its activities.

f) Publication; record of proceedings

Each final apportionment and districting plan shall be published as provided by law within 30 days from the date of its adoption and shall become law 60 days after publication. The Governor General shall keep a public record of all the proceedings of the Commission and shall be responsible for the publication and distribution of each plan.

g) Disagreement of Commission; submission of plans to High Court

If a majority of the Commission cannot agree on a plan, each member of the Commission, individually or jointly with other members, may submit a proposed plan to the High Court. The High Court shall determine which plan complies most accurately with the Constitutional requirements and shall direct that it be adopted by the Commission and published as provided in this section.

h) Jurisdiction of High Court on elector’s application

Upon the application of any elector filed not later than 60 days after final publication of the plan, the High Court, in the exercise of original jurisdiction, shall direct the Governor General or the Commission to perform their duties, may review any final plan adopted by the Commission, and shall remand such plan to the Commission for further action if it fails to comply with the requirements of this Constitution.

Article 10 . Politicians shall declare principles and budgets

Every person or group which seeks election to Parliament, public governing body or local body must, within 60 days of the election date, make a full and frank disclosure to the public, stating general aims, political principles, financial principles, together with reasonable budgets for achieving these principles.

Article 11 . Parties must have written constitutions

All political parties must have a written, comprehensive constitution stating aims, objectives and general principles. Such constitution shall also outline clear, fair and reasonable rules for the general functioning of the party.

Any party without a written constitution capable of useful interpretation in the High Court is barred from standing candidates in any political election.

Article 12 . Electoral Commission may bar candidates

If, in the opinion of the Electoral Commission, any person or group has not made a full or frank disclosure as required within this section, the Electoral Commission may ask the High Court to bar that person or group’s candidacy.

Article 13 . Every party must be a democracy

The same controls over fairness as apply to a general election shall apply to the voting processes within a political party.

a) Individual candidates representing a political party in any election must be selected by free ballot of all relevant members.

b) All policy and constitutional items must be freely debated and voted into existence by free ballot of all relevant members.

c) Each individual candidate’s ranking on a party list for proportional representation in an election must be based solely on the proportion of votes gained in a free ballot of all relevant members.

d) Careful records of voting tallies must be supplied to the Electoral Commission on a regular basis, which shall be obligated to keep these records strictly confidential.

e) All persons voting for candidates must be registered members of that party of not less than one month’s standing. In disputed party internal elections, full records of party members must be made available to the High Court but shall not be revealed either publicly or to rival politicians.

Article 14 . Political donations must be disclosed

Every significant political donation made directly or directly to a political party, candidate or Member of Parliament (including donations to any special-interest group which acts as a de facto wing of a political party) must be fully disclosed and shall be widely publicised by the State Electoral Commission. Parliament is to enact heavy penalties for any persons who fail to disclose such donations, with fines without limits for all parties wilfully involved and confiscations of any donations made.

a) The requirements for disclosure detailed in this section shall override any person or group’s rights to privacy outlined elsewhere in this Constitution.

Article 15 . Foreigners prohibited from making political donations

No foreign nation, effectively-foreign-controlled group, foreign-owned, majority-foreign-owned or effectively-foreign-controlled business may make any donation, directly or indirectly to a candidate, Member of Parliament, political party or special-interest group which acts as a de facto wing of a political party. Parliament is to enact heavy penalties for such offences, with fines without limits for all parties wilfully involved and confiscations of any donations made.

Article 16 . State Electoral Commission to investigate

The State Electoral Commission is to investigate all significant donations to candidates or political parties including donations to any special-interest group which acts as a de facto wing of a political party, and may enlist, where reasonable, the assistance of the High Court and any government agency to investigate such donations and enforce the laws regarding same.

Article 17 . Government must make full and frank disclosure

No later than 60 days prior to general election, the government shall make a full and frank disclosure as the State of the nation’s finances, indebtedness, assets and liabilities, together with a notification of all commitments entered into by the Government since the last general election.

Article 18 . Candidates must make full and frank disclosure

No later than 60 days prior to general election, any candidate for any political election shall make a full and frank disclosure as to his or her general finances, indebtedness, assets and liabilities, together with a notification of any significant membership of or association with any political lobby group, special-interest group or business activity.

Article 19 . State Electoral Commission shall regulate

Regardless of the manner in which a candidate or political party (or person or group acting in association with them) may present themselves, the State Electoral Commission shall have the powers to effectively regulate any activity which may be reasonably assumed to be an attempt to circumvent the Constitutional controls on the activities and conduct of the political process.

Article 20 . Legislative implementation

Parliament shall modify the Electoral Act where necessary in order to implement the provisions of this section.

Article 21 . Citizens’ initiated referenda

The people reserve to themselves the power to propose laws and to enact and reject laws, called the initiative, and the power to approve or reject laws enacted by Parliament, called the referendum.

The power of initiative extends only to laws which Parliament may enact under this Constitution. The power of referendum does not extend to acts making appropriations for State institutions or to meet deficiencies in State funds and must be invoked in the manner prescribed by law within 90 days following the final adjournment of the legislative session at which the law was enacted. To invoke the initiative or referendum, petitions signed by a number of registered electors, not less than eight percent for initiative and five percent for referendum of the total vote cast for all candidates for Parliament at the last preceding general election.

1) Referendum, approval

No law as to which the power of referendum properly has been invoked shall be effective later unless approved by a majority of the electors voting thereon at the next general election.

2) Initiative; duty of legislature, referendum

Any law proposed by initiative petition shall be either enacted or rejected by Parliament without change or amendment within 40 session days from the time such petition is received by Parliament. If any law proposed by such petition shall be enacted by Parliament it shall be subject to referendum, as hereinafter provided.

3) Legislative rejection of initiated measure; different measure; submission to people

If the law so proposed is not enacted by Parliament within the 40 days, the State officer authorised by law shall submit such proposed law to the people for approval or rejection at the next general election. Parliament may reject any measure so proposed by initiative petition and propose a different measure upon the same subject by a yes or no vote upon separate roll calls, and in such event both measures shall be submitted by such State officer to the electors for approval or rejection at the next general election.

4) Initiative or referendum law; effective date, veto, amendment and repeal

Any law submitted to the people by either initiative or referendum petition and approved by a majority of the votes cast thereon at any election shall take effect 10 days after the date of the official declaration of the vote. No law initiated or adopted by the people shall be subject to the veto power of the Governor General, and no law adopted by the people at the polls under the initiative provisions of this section shall be amended or repealed, except by a vote of the electors unless otherwise provided in the initiative measure or by three-quarters of Parliament. Laws approved by the people under the referendum provision of this section may be amended by Parliament at any subsequent session thereof. If two or more measures approved by the electors at the same election conflict, that receiving the highest affirmative vote shall prevail.

Article 22 . Local government

All local bodies shall be governed by elected representatives of the people residing in that district.

Article 23 . Requirement to reside

All representatives representing a particular subdistrict within a local body electoral district must reside within that same subdistrict.

Article 24 . Timing of local body elections

Local body elections must be held contiguous to the national elections and using an identical voting system.

Article 25 . Coalitions

In the event that no political party or grouping of politicians holds a clear majority after an election, the party holding the greatest number of votes may join with another party or individual politicians in a coalition, but must do so according to the rules outlined below.

Article 26 . Outcome challengeable

Any person may challenge in court the legislation enacted by a political party if that same legislation appears to be in clear breach of that party’s express or implied principles and/or express or implied promises made prior to the last general election. Any person may challenge in court an individual politician supporting the legislation of another party where the legislation in question is in clear breach of that individual’s express or implied principals or promises made prior to the last general election.

1) High Court remedies

In the event that the High Court upholds a claim that a piece of legislation breaches the party or individual principles and/or promises made or implied prior to the most recent election, the court may invite the politicians proposing the legislation to withdraw the legislation for 90 days and then to re-submit this same legislation in a format compatible with the politicians’ stated promises and principles.

a) If this is not done voluntarily, or the legislation which is re-submitted after 90 days is not, in the court’s opinion, consistent with its promoting politicians’ stated promises and principles, then the court may suspend implementation of the legislation until after the next general election. Alternatively, the court may direct that a referendum be held in which the wishes of the majority of voters on the issue to which the legislation refers may be clearly indicated.

b) The High Court must decline applications for review of proposed legislation made under this section which are vexatious, frivolous or obsessively rigid in their interpretations of a party’s or individual politicians’ stated promises and principles.

c) It is a defence for politicians proposing disputed legislation that the legislation in question reflects an overwhelming change of national circumstance which was not predictable prior to the election. It is a further defence for the politicians proposing the legislation that the legislation in question reflects the current views of the majority of voters in a referendum held since the last general election.

d) Limitation

Nothing in these rules is intended to restrict the ability of government to govern according to the general principles of Parliamentary democracy, nor to restrict the ability of government to move decisively in times of great need or crises.

Article 27 . Validation of election results

Every voter has the right to challenge the outcome of any election on the following grounds:

a) That the outcome has too small a percentage of the authorised voting population to be considered a fair representation of the public voice when compared to:

i) (in a general election or Parliamentary referendum) the numbers voting in the last three general elections.

ii) similar elections held within recent years.

b) That the outcome is the result of or had been significantly influenced by bribery and/or corruption.

c) That the electoral rolls are corrupt, out-of-date or otherwise significantly fail to reflect the actual pool of voters.

d) That the outcome is the result of the use of wealth, power or undue influence by any person or group to subvert the political process.

Section six: Government

Article 1 . Separation of powers of government

The powers of government are divided into three branches; Parliamentary, Executive and Judicial. No person exercising powers of one branch shall exercise powers properly belonging to another branch except as expressly provided in this Constitution.

1) Legislative power

The legislative power of the State of Aotearoa-New Zealand is vested in Parliament.

2) Executive power

The executive power of the State of Aotearoa-New Zealand is vested in the Government departments.

3) Judicial power

The judicial power of the State of Aotearoa-New Zealand is vested in the courts.

Article 2 . Seat of government

The seat of government shall be at Wellington and shall not be changed except after widespread consultation.

1) Legislature other than at seat of government

The Prime Minister may convene Parliament at some other place when the seat of government becomes dangerous from any cause.

Article 3 . Continuity of government in emergencies

In order to insure continuity of State and local governmental operations in periods of emergency only, resulting from disasters occurring inside or outside of this State or caused by enemy attack on Aotearoa-New Zealand, Parliament may provide by law for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices; and enact other laws necessary and proper for insuring the continuity of governmental operations. Notwithstanding the power conferred by this section, elections shall always be called as soon as possible to fill any vacancies in elective offices temporarily occupied by operation of any legislation enacted pursuant to the provisions of this section.

1) Nothing in this section lessens the responsibility of Government to act according to the strict rules governing States of Emergency outlined in this Constitution.

Article 4 . Inability of Prime Minister to serve

In case of the conviction of the Prime Minister on serious criminal charges, his removal from office, his resignation or his death, the deputy Prime Minister or such other persons designated by law shall in that order be Prime Minister for the remainder of the Prime Minister’s term.

Article 5 . Oath of loyalty required

All officers, legislative, executive and judicial, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation:

"I............., do solemnly swear (or affirm) that I will support the Constitution of Aotearoa-New Zealand, and that I will faithfully discharge the duties of the office of.......... according to the best of my ability."

No other oath, affirmation, or any religious test shall be required as a qualification for any office or public trust.

Article 6 . Vacancies in office

Parliament may provide by law the cases in which any office shall be vacant and the manner of filling vacancies where no provision is made in this Constitution.

Article 7 . Appointment of Speaker and Deputy Speaker

The Speaker and Deputy Speaker of Parliament must be voted into their roles by a three-quarters majority of Parliament. Unless removed from office by a three-quarters majority vote, their appointments stand until the next general election, after which the positions must be voted upon once more.

1) High Court shall arbitrate and/or appoint Speaker/s

If Parliament cannot agree as to a suitable Speaker or Speakers for longer than 14 session days, the Prime Minister shall apply to the High Court for judicial arbitration. If the acting judge cannot effect a reconciliation of views within 5 session days, the acting judge will appoint a Speaker and/or Deputy Speaker after hearing submissions from all parties. A judicially-appointed Speaker or Deputy-Speaker will hold his or her position for twelve months, after which Parliament must repeat the selection process or confirm the judicially-appointed Speaker or Deputy-Speaker in their respective positions.

Article 8 . Civil appointments, ineligibility of legislators

No person elected to Parliament shall receive any civil appointment within this State from Parliament, or from any other State authority, during the term for which he is elected.

Article 9 . Legislators and State officers, conflicts of interest

No Member of Parliament nor any State officer shall be interested directly or indirectly in any contract or other matter with the State or any political subdivision thereof which shall cause a substantial conflict of interest. Parliament shall further implement this provision by appropriate legislation.

Article 10 . Legislators privileged from civil arrest and civil process; limitation; questioning for speech in Parliament prohibited

Except as provided by law, Members of Parliament shall be privileged from civil arrest and civil process during sessions of Parliament and for five days next before the commencement and after the termination thereof. They shall not be questioned in any other place for any speech in Parliament.

Article 11 . Removal of Member of Parliament

A Member of Parliament, once selected, cannot be removed within his term of office except for serous incompetence, corruption, significant criminal conviction or behaviour which would tend bring Parliament into serious public disrepute and/or jeopardise that Member’s ability to perform his duties fairly and objectively.

If it is alleged that a Member of Parliament by way of his or her actions deserves to be dismissed from office, an application must be made to the High Court for a judicial review of that Member’s actions. If a judicial review approves of that Member’s dismissal, the Member must then appear before a special hearing of Parliament. That Member shall then be dismissed if the dismissal is approved by a two-thirds majority of Members, unless the Member under dismissal indicates that he or she will appeal his or her dismissal to the Court of Appeal, in which case, the Member will be suspended without pay until the Court of Appeal rules. If the final Court of Appeal finds against the Minister, then the Parliamentary dismissal shall become final. If the final court of appeal finds for the Minister, the Minister shall be reinstated with full back pay.

Any Minister dismissed from office is free to stand at subsequent elections unless expressly prohibited by other laws.

Article 12 . Legislature; time of convening

Parliament shall meet at the seat of government at a schedule appropriate to the needs of the nation.

Article 13 . Legislature; rules of procedure

Each Government, except as otherwise provided in this Constitution, shall choose its own Ministers and determine the rules of its proceedings, but shall not adopt any rule that will limit the Speaker from discharging his or her duties as impartial chairperson on the Parliamentary process.

Article 14 . Committees,

The Government of the day may establish committees and Parliament may create joint committees between parties as necessary for the efficient conduct of its business. Committees may be partisan, non-partisan or multilateral.

Article 15. Commissions of Inquiry

Commissions of Inquiry may be enacted in the public interest. Commissions of Inquiry must be non-partisan, and shall be ordered by the High Court after the declaration of a State of Emergency, or Commissions of Inquiry may be ordered by the Government of the day for the purposes of inquiring into issues which are of importance to the nation. Commissions of Inquiry shall operate in a dignified and reasonable manner as prescribed by law, shall have the power to subpoena witnesses and widely enquire into conduct of parties and shall subsequently report to Parliament.

1) Royal Commissions

Royal Commissions must be non-partisan and shall be for the purposes of inquiring into issues which are of the greatest of importance to the nation. Royal Commissions may be ordered by the Government of the day or the Governor General, or under extraordinary circumstances by the High Court upon application by a concerned person or group. Royal Commissions must be under the direct control of a High Court judge unless the subject of the Commission is the High Court or a closely-related subject or subjects. Royal Commissions shall operate in a dignified and reasonable manner, and shall have the same powers as the High Court except that a Royal Commission may require testimony without limit from any person or group in the public interest.

Article 16 . Open meetings

The doors of Parliament shall be open unless the public security otherwise requires.

Article 17 . Adjournments, limitations

Parliament shall never be deliberately delayed or suspended for the purposes of restricting the democratic process.

Article 18 . Laws; object, title, amendments changing purpose

The object or objects of every law shall be clearly expressed in its title, which must accurately reflect both the general provisions and detail of the law to which it is attached.

1) No bill shall be altered or amended on its passage through Parliament in a manner that will effectively change its original stated purpose.

Article 19 . Revision and amendment of laws; title references, publication of entire sections; General revision of laws;

No law shall be revised, altered or amended by reference to its title only. The section or sections of the act altered or amended shall be re-enacted and published at length.

1) No general revision of the laws shall be made in a manner which is likely to deny or inhibit free public or parliamentary debate on the individual issue or issues to which the legislation refers and/or the individual sections of the legislation in question.

Article 20 . compilation of laws

Parliament must provide for a compilation of the laws in force, arranged without alteration, under appropriate heads and titles.

Article 21 . Bills passed; approval or veto by Governor General, reconsideration by Parliament

Every bill passed by Parliament shall be presented to the Governor General before it becomes law, and the Governor General shall have 14 days measured in hours and minutes from the time of presentation in which to consider it. If he or she approves, he or she shall within that time sign and it shall become law. If the Governor General does not approve, and Parliament has within that time finally adjourned the session at which the bill was passed, it shall not become law. If the Governor General disapproves, and Parliament continues the session at which the bill was passed, he shall return it to Parliament within such 14-day period with his objections. That house shall enter such objections in full in its record and reconsider the bill. If three-quarters of the Members elected to and serving in Parliament pass the bill notwithstanding the objections of the Governor General, the bill shall then become law. The votes of each hearing of the bill shall be clearly recorded with the number of votes and how each of the Members voted. If any bill is not returned by the Governor General or his or her representative within such 14-day period, Parliament continuing in session, it shall become law as if he or she had signed it.

Article 22 . Bills, referendum

Any bill passed by Parliament and approved by the Governor General, except a bill appropriating money, may provide that it will not become law unless approved by a majority of the electors voting thereon.

Article 23 . Publication and distribution of laws and judicial decisions

All laws enacted at any session of Parliament shall be published in a readily accessible form within 60 days after final adjournment of the session, and shall be distributed in the manner provided by law. The prompt publication of judicial decisions shall also be provided by law. All laws and judicial decisions shall be free for publication by any person provided that they are an accurate summation of such laws and decisions.

Article 24 . Lotteries

Parliament may authorise or restrict gambling in the manner provided by law.

Article 25 . Ports and local districts; incorporation, internal

Parliament may provide for the incorporation of ports and local districts, and confer power and authority upon them to engage in work of internal improvements in connection therewith.

Article 26 . Bank and financial company laws

No general law providing for the incorporation of financial companies or corporations for banking purposes, or regulating the business thereof, shall be enacted, amended or repealed except by a vote of three-quarters of Parliament.

Article 27 . Hours and conditions of employment

Parliament shall enact laws relative to the hours and conditions of employment.

Article 28 . Government must control monopolies in business

The Government is to enact, continue or modify laws which prohibit the abuse of power by any business which has a dominant position in a marketplace.

Article 29 . Government must control dishonesty in business

The Government is to enact, continue or modify laws which prohibit false or misleading conduct in business.

Article 30 . Government to require proof of good character in specified businesses

In businesses or types of activity where corruption is common or likely, or where the public good demands that a high standard of conduct is required, the Government shall ensure that the governing persons within each activity are persons of good character. A licencing board for each type of activity specified by the Government shall be set up and approved by a three-quarters majority of Parliament after which all persons either seeking registration authorising their involvement in that activity must be approved and licenced by that trade board.

Article 31 . State and local body assets, disposal of

No significant State asset can be sold, leased, rented out or otherwise disposed of against the will of the people. Specifically, before the disposal of a significant State asset, the government must widely canvass public opinion and where there is significant opposition conduct a binding referendum among interested voters.

Article 32 . Sovereignty must be protected

No Government shall make trading arrangements nor join in international agreements which effectively reduce this nation’s independence and dominion over its people or assets.

1) Nothing in this section is intended to inhibit cooperation with the United Nations or other altruistic bodies aimed at improving the common good of humankind and the environment.

Article 33 . Court enforcement of Constitutional or legislative mandate

The Prime Minister may initiate court proceedings in the name of the State to enforce compliance with any Constitutional or legislative mandate, or to restrain violations of any Constitutional or legislative power, duty or right by any officer, department or agency of the State or any of its political subdivisions.

Article 34 . Role and duties of the Governor-General

The Governor General shall have the role of monitoring the Government on behalf of the people.

The Governor General shall have the following duties & powers:

1) To act as the temporary de facto, but non-partisan head of State where both the Prime Minister and deputy Prime Minister are dead, ill or under indictment for serious criminal offences.

2) To act as the temporary de facto, but non-partisan head of State during the transition between one Government and the next.

3) To delay the introduction for 90 days of legislation which in his or her opinion is unjust or ill-considered.

4) To act on behalf of any citizen or group of citizens in obtaining justice.

5) To issue pardons in criminal cases or refer cases back to the courts for rehearing.

6) To impartially represent the nation to visitors from other countries.

7) To provide arbitration in disputes domestically and internationally.

8) To chair the committee which appoints Ombudsmen.

9) To dissolve Parliament and call a general election where the majority party or coalition has lost a vote of no confidence.

Article 35 . Appointment & removal of the Governor-General

The Governor General shall be a person of good character approved by a Parliamentary Select Committee representing the views of three-quarters of all Members of Parliament following public examination by the High Court with reasonable prior public notification and finally voted into his or her role by a three-quarters majority of Parliament. No person whose actions demonstrate bad character nor person of extreme or hateful views shall be approved as a Governor General. No person with tangible direct or indirect links to the management of any relevant political party, trade union, corporation, business or business group, nor of any other political pressure or special-interest group may be a Governor General.

1) High Court shall arbitrate and/or appoint Governor-General

If Parliament cannot agree as to a suitable Governor General for longer than 14 session days, the Prime Minister shall apply to the High Court for judicial arbitration. If the appointed judge cannot effect a reconciliation of views within 5 further session days, he or she will appoint a Governor General after hearing submissions from all parties. A judicially-appointed Governor General will hold his or her position for twelve months, after which Parliament must repeat the selection process or confirm the judicially-appointed Governor General in his or her position.

2) Removal of the Governor-General

The Governor General may be removed from office in two ways:

a) By Act of Parliament passed by a three-quarters majority of all Members of Parliament

b) By application to the High Court alleging incompetence, corruption or misuse of office.

Article 36 . Definitions & roles of Government departments

1) Government Departments, types & definitions:

Government departments shall be divided into two types; non-partisan and partisan.

a) Non-partisan departments

i) Non-partisan departments, though funded by Government, shall act solely in the interests of the nation and never in the partisan interests of a political movement or special-interest group.

ii) Non-partisan departments shall be administered by independent commissions called State Commissions.

iii) Non-partisan departments shall be administered by these same Commissions which are established by and answerable not to Government, but to Parliament as a whole.

iv) Non-partisan departments shall be administered by a director chosen by the Commission responsible for that department. The director (or any other employee or contractor) of a partisan department can be reassigned or removed from office for breach of conditions of employment by the Commission responsible for that department.

b) Partisan departments

i) Partisan departments are instigated and funded by Government and shall be responsible for implementation of the Government policy of the day.

ii) Partisan departments shall be administered by a director chosen by the Civil Service Commission and approved by the Government minister responsible for that department. The director (or any other employee or contractor) of a partisan department can be reassigned or removed from office for breach of conditions of employment by the Government minister responsible for that department.

c) Departments; fear or favour

All government departments, whether partisan or non-partisan, must act without fear or favour.

2) Existing departments shall remain

Except where all or some activities of any existing government department are repugnant to the Constitution, all government departments which are in existence at the time this Constitution is enacted shall retain their powers and jurisdiction until they are abolished or modified by law. Where all or some activities of any existing government department are repugnant to the Constitution, the government shall speedily abolish, or modify the activities of, that department and/or the law as necessary for that department to serve both the Constitution and the public interest. Until the government has abolished, or modified the activities of, that department and/or the law, the Governor General shall immediately become the director of such existing government department and shall take such interim steps as are appropriate to serve both the Constitution and the public interest.

3) Removal or suspension of officers; grounds, report

The Prime Minister shall have power and it shall be his duty to inquire into the condition and administration of any public office and the acts of any public officer, elective or appointive. He may remove or suspend from office for gross neglect of duty or for corrupt conduct in office, or for any other misfeasance or malfeasance therein, any elective or appointive State officer, except State Commissioners, Members of Parliament and judges from any lawful court, and shall report the reasons for such removal or suspension to Parliament.

4) Public officers; protection from unreasonable removal

No public officer may be removed or suspended from his position for refusing to carry out Government policy which is in clear conflict with this Constitution.

5) Provisional appointments to fill vacancies due to suspension

The Governor General may make a provisional appointment to fill a vacancy occasioned by the suspension of an appointed or elected officer, other than a legislative or judicial officer, until he is reinstated or until the vacancy is filled in the manner prescribed by law or this Constitution.

Article 37 . State Commissions: definitions, role and appointment, power and duties of

1) Government must create and implement State Commissions

The Government must create and implement all major non-partisan policy required under this Constitution through the creation and maintenance of State Commissions.

2) State Commissions; role; conflict with Constitution

State Commissions have the task of carrying out Government policy with efficiency and compassion. State Commissions must act without fear or favour; no State Commission may carry out a task which is conflict with the principles of this Constitution

3) State Commissioners; protection from removal

No State Commissioner may be removed or suspended from his position for refusing to carry out Government policy which is in clear conflict with this Constitution.

4) Government shall not reduce powers

Government shall pass no legislation, rule or directive which effectively lessens the power or scope of a State Commission, nor attempts in any way to pass those same powers or responsibilities over to another person or group except with the majority approval of three-quarters of Parliament.

5) State Commissions must be fair and efficient

State Commissions shall never be unwieldy, corrupt, grossly incompetent nor essentially incapable of fulfilling their intended task. They must be formed, maintained and disbanded by three-quarters majority of Parliament.

6) Composition

State Commissions shall consist of a reasonable number of persons of good character, individually approved after public examination by the High Court after reasonable public notification and voted into their role of Commissioners by a three-quarters majority of Parliament. Except where specified otherwise within this Constitution, in no case will a State Commission consist of less than ten people.

a) Restrictions

No person whose actions demonstrate bad character nor person of extreme or hateful views shall be approved as a Commissioner. No person with tangible direct or indirect links to the management of any relevant political party, trade union, corporation, business or business group, nor of any other political pressure or special-interest group may be a member of any Commission.

7) Vacancies

When a position in a State Commission falls vacant or is shortly to fall vacant the State Commission Select Committee must advertise for nominations for a replacement. Any person not imprisoned nor insane can nominate someone to a State Commissioner’s position and such nominations shall not be arbitrarily ignored or refused. All applications must be duly recorded and processed in the order in which they arrive. Sufficient numbers of applicants shall be considered to provide a wide and representative pool of talent.

a) Nothing in this section limits the ability of the State Commission Select Committee to exclude any persons who are clearly incapable of meeting the criteria for the position or incapable of fulfilling a Commissioner’s duties to a high standard.

8) Terms of office

Each State Commissioner is appointed for an initial period of one year, after which the State Commission Select Committee shall examine his or her performance at a public hearing. The State Commission Select Committee will then make recommendations to Parliament on the individual Commissioners who are then removed from office and replaced according to the rules above or returned to office for a further two years, after which the examination/removal or replacement of each Commissioner is confirmed according to the rules above.

9) Restrictions on State Commissioners

No State Commissioner shall perform or commit himself or herself to perform remunerative work outside his or her official duties.

10) Removal of a State Commissioner

A State Commissioner may be removed from office in two ways:

a) By Act of Parliament passed by a three-quarters majority of all Members of Parliament

b) By application to the High Court alleging incompetence, corruption or misuse of office.

11) Adequate funding must be provided

The Government shall ensure that State Commissions have both the funding and legal enforcement powers to enforce all provisions of their role.

12) Composition of State Commission Select Committee

The State Commission Select Committee shall be voted into existence by a three-quarter majority of Parliament and must represent the views of those same Members of Parliament.

13) Governor General shall arbitrate; High Court shall rule

If Parliament cannot agree on the composition of the State Commission Select Committee, or the Select Committee cannot agree on sufficient numbers of Commissioners to reasonably function as a State Commission, then the Governor General shall arbitrate. If either Parliament or the Select Committee is still unable to agree, the Governor General shall apply to the High Court for a judicial ruling on the composition of either the Select Committee or the suitability of any State Commission member or members.

14) List of State Commissions

State Accounting and Audit Commission

State Broadcasting Commission

State Broadcasting Standards Enforcement Authority

State Civil Rights Commission

State Civil Service Commission

State Commission for Justice

State Commission for Police

State Commission for Security Intelligence

State Electoral Commission

State Environmental Commission

State Judicial Selection Commission

State Military and Civil Defence Commission

State Ombudsmen Selection Commission

Article 38 . State Broadcasting Commission

Government shall establish and fund the State Broadcasting Commission according to rules for State Commissions outlined in Section six, Article 37 of this Constitution.

1) Government must fund and regulate quality broadcasting

The Government must adequately fund and provide for the provision of quality broadcasting and must ensure that the material which is broadcast is objective, pertinent and timely.

a) Except as is necessary for Parliament to inform the public of Parliamentary business, the issuing of all government information for the public shall be administered by the Broadcasting Commission to be set up according to the terms and conditions below.

b) No conduct of the Broadcasting Commission shall conflict with the Bill of Rights or other relevant sections of this Constitution.

2) State Broadcasting Commission, composition

The State Broadcasting Commission is to be appointed and maintained according to the State Commissions rules in Section six, Article 37 of this Constitution.

3) State Broadcasting Commission, definition of broadcasting, general duties

a) Definition:

‘Broadcasting’ shall mean the widespread issuing of information by electronic or other means (whether in existence or not yet in existence at the time of the enactment of this Constitution).

b) Duties

The State Broadcasting Commission shall establish fair and reasonable guidelines, based on surveys of public opinion and submissions by interested groups and such guidelines, which must be updated at least annually, shall provide the basis for the funding and provision of public broadcasting inclusive and exclusive of the following areas:

i) News and current affairs

The Broadcasting Commission must continually and substantially examine issues that are topical or upcoming and provide, appoint or contract to provide a comprehensive, independent and ongoing news and current affairs service which caters for both the populace at large and individual minority groups within this populace. Any relevant broadcasting group under this section must provide ongoing and proactive investigative journalism, especially in the areas of economic and social trends and policy, exposure of corruption, exposure of criminal activity, important public health and safety issues together with a continual monitoring role of Government and special interest groups.

ii) Provision for minorities

The Broadcasting Commission shall ensure that news services for groups such as farmers, ethnic minorities and cultural organisations which might otherwise be ignored by the mass media shall receive adequate funding and media resources to have regular contact with programmes relating to important community, business, cultural and other pertinent issues.

iii) Sponsorship prohibited

Sponsorship, direct or indirect, of news or current affairs material is not to be permitted under any circumstances. Advertising that is accepted by the broadcaster independent of any particular broadcast programme is acceptable provided that the placement, withdrawal or threatened withdrawal of this same advertising is not used in any way to affect editorial policy of the Commission and/or its broadcaster/s.

c) Provision of mass entertainment

The Broadcasting Commission shall ensure that a variety of good quality entertainment material is broadcast widely. Unless aimed at a specific special-interest group, this material must be accessible by a large percentage of possible viewers. All material must be of high standard and may also inform. The Commission must avoid the broadcasting of material which is violent, offensive or demeaning unless there are redeeming cultural, artistic, spiritual or educational reasons for the nature of the material.

i) Provision for minorities

The Broadcasting Commission shall ensure that groups such as farmers, ethnic minorities and cultural groups who could otherwise be ignored by the mass media shall receive adequate funding for the provision of relevant and accessible cultural programmes and entertainment for these groups.

d) Children’s content

The Broadcasting Commission shall ensure that a variety of entertainment material specialised for children is broadcast widely. Unless aimed at a specific special-interest group, this material must be accessible by a large percentage of possible viewers. All must be of good quality and may also inform. The Commission must avoid material which is violent, offensive or demeaning unless there are redeeming cultural, artistic, spiritual or educational reasons for the nature of the material.

e) Local content

The Broadcasting Commission shall set high minimum standards for the local production of news and entertainment broadcasting material.

f) Funding must be provided

The Government shall ensure that the Commission is given the funding and other resources to fulfil its role.

Article 39 . State Broadcasting Standards Enforcement Authority, duties and powers

The State Broadcasting Standards Enforcement Authority (hereinafter called the Broadcasting Standards Enforcement Authority) is to be appointed and maintained according to the State Commissions rules in Section six, Article 37 of this Constitution.

1) Broadcasting Standards Enforcement Authority; duties

The Broadcasting Standards Enforcement Authority shall be charged with ensuring the quality and suitability of all material issued through the broadcast media, including that which is issued by or for the government and State Broadcasting Commission. The Broadcasting Standards Enforcement Authority shall establish fair and reasonable guidelines, based on surveys of public opinion and submissions by interested groups and these guidelines, which must be updated at least annually, shall set minimum standards for quality and desirability for all broadcast media.

2) Review complaints panel

The Broadcasting Standards Enforcement Authority shall establish an independent panel to review complaints about the broadcast of any item, including advertisements in all media.

3) Authority shall report to Parliament

The Broadcasting Standards Enforcement Authority shall make regular reports and recommendations to Parliament on the improvement of the broadcast media.

4) Authority shall have adequate funding; enforcement powers

The Broadcasting Standards Enforcement Authority shall be given adequate funding to fulfil its role. Parliament shall enact laws which give the Authority suitable powers to enable it, where appropriate, to research, investigate, set guidelines, issue rulings, and to enforce such rulings in an effective and socially responsible manner.

Article 40 . Aotearoa-New Zealand National Defence Force; powers and functions

The Aotearoa-New Zealand National Defence Force (hereinafter called the National Defence Force) is hereby established as the sole defence force for the Nation.

1) Existing defence forces incorporated

The National Defence Force shall at its establishment consist of all members of Defence Force New Zealand;

2) No other military forces permitted

Except for the National Defence Force, no other armed force or military force or armed organisation or service may be established in or for the nation other than

(a) as provided for in this Constitution, and/or

(b) a force established by or under an Act of Parliament for the protection of public property or the environment.

3) Aotearoa-New Zealand National Defence Force; restrictions on powers and operations

a) The National Defence Force shall perform its duties without fear or favour.

b) The National Defence Force shall never be used against citizens of Aotearoa-New Zealand except as prescribed by law and authorised in this Constitution. Any such duties shall be performed with an absolute minimum of force and with as high a degree of compassion as may be practicable under the circumstances.

c) The National Defence Force shall never undertake operations with or for a foreign power that are in effect against the interests of Aotearoa-New Zealand.

d) The National Defence Force shall never undertake operations with or for a foreign power where such operations are primarily intended to reinforce the power of a non-elected dictatorship and/or government which consistently acts against the interests of that nation’s own people.

e) The National Defence Force (except when this nation is actively at war) shall never undertake operations with or for a foreign power which practises gross human rights violations against it’s own or other people as defined by the United Nations or other recognised humanitarian bodies.

4) State Military and Civil Defence Commission

Government shall establish and fund the State Military and Civil Defence Commission according to rules for State Commissions outlined in Section six, Article 37 of this Constitution..

5) State Military and Civil Defence Commission; composition

40% (or as close as it is practicable to achieve) of the members of the State Military and Civil Defence Commission shall have held hold recognised positions within the military, but shall not be present members of the National Defence Force. 40% (or as close as it is practicable to achieve) shall be Members of Parliament representing the views of at least three-quarters of all Members, and the remaining 20% (or as close as it is practicable to achieve) shall be persons of good character drawn from throughout the community.

6) State Military and Civil Defence Commission; powers and functions

The Commission shall be competent to investigate and make recommendations regarding the budget, functioning, organisation, armaments, policy, morale and state of preparedness of the National Defence Force and to perform such other functions relating to Parliamentary supervision of the Force as may be prescribed by law.

7) Defence Commission shall appoint Chief

The State Military and Civil Defence Commission shall appoint a Chief of the National Defence Force, who shall exercise military executive command of the National Defence Force, subject to the directions of the Minister responsible for defence and, during a state of national defence, of the Prime Minister.

8) Prime Minister shall appoint responsible Minister

The Prime Minister shall appoint a Minister of the National Defence Force, who shall represent the Government in all dealings with the Chief of the National Defence Force and the State Military and Civil Defence Commission.

9) Military powers

The Prime Minister shall be commander-in-chief of the armed forces and may call them out to execute the laws, suppress insurrection and repel invasion. When acting in his or her capacity as commander-in-chief of the armed forces, the Prime Minister shall always act according to principles of this Constitution.

10) National Defence Force; composition

The National Defence Force shall comprise both a permanent force and a part-time reserve component.

a) The establishment, organisation, training, conditions of service and other matters concerning the permanent force shall be as provided for by an Act of Parliament.

b) The establishment, organisation, training, state of preparedness, calling up, obligations and conditions of service of the part-time reserve component shall be as provided for by an Act of Parliament.

c) The National Defence Force shall be established in such a manner that it will provide a balanced, modern and technologically-advanced military force, capable of executing its functions in terms of this Constitution.

d) All members of the National Defence Force shall be properly trained in order to comply with recognised international standards of competency.

e) No member of the National Defence Force shall hold office in any political party or political organisation.

f) A member of the National Defence Force shall be obliged to comply with all lawful orders, but shall be entitled to refuse to execute any order if the execution of such order would constitute an offence or would breach international law on armed conflict binding on the Nation.

g) Provision shall be made by an Act of Parliament for the payment of adequate compensation to-

i) a member of the National Defence Force who suffers loss due to physical or mental disability sustained in the execution of his or her duties as such a member; and

ii) the immediate dependants of a member of the National Defence Force who suffer loss due to the death or physical or mental disability of such a member resulting from the execution of his or her duties as such a member.

11) Functions of National Defence Force

The National Defence Force may, subject to this Constitution, be employed

a) for service in the defence of the Nation, for the protection of its sovereignty and territorial integrity;

b) for service in compliance with the international obligations of the nation with regard to international bodies and other states;

c) for service in the preservation of life, health or property;

d) for service in the provision or maintenance of essential services;

e) for service in the upholding of law and order in the nation in cooperation with the Aotearoa-New Zealand Police Service under circumstances set out in a law where the said Police Service is unable to maintain law and order on its own; and

f) for service in support of any department of State for the purpose of socioeconomic upliftment.

12) Defence functions must be solely in the national interest

The National Defence Force shall exercise its powers and perform its functions solely in the national interest by

a) upholding the Constitution;

b) providing for the defence of the Nation; and

c) ensuring the protection of the inhabitants of the Nation, in accordance with this Constitution and any law;

d) exercising its powers and performing its functions soley under the directions of the lawful government of the Nation;

e) refraining from furthering or prejudicing party-political interests;

f) not breaching international customary law binding on the nation relating to aggression;

g) in armed conflict complying with its obligations under international customary law and treaties binding on the Nation; and

h) be primarily defensive in the exercise or performance of its powers and functions.

13) Defence Force must act according to the Constitution

The employment for service, training, organisation and deployment of the National Defence Force shall be effected in accordance with the requirements of the Constitution.

14) Accountability

The Minister responsible for defence shall be accountable to Parliament for the National Defence Force.

a) Parliament shall annually approve a budget for the defence of the Nation.

15) Restrictions on outside duties

No member of the National Defence Force shall perform or commit himself or herself to perform similar remunerative work outside his or her official duties.

16) Defence Commission shall coordinate civil defence

The State Military and Civil Defence Commission shall ensure that a vigorous and independent Civil Defence Network is maintained throughout the nation and to perform such other functions relating to Parliamentary supervision of the Network as may be prescribed by law.

17) Civil Defence Network; composition & duties

The Civil Defence network shall comprise trained and competent professionals working closely with members of individual communities for the tasks of both forward planning and strategic relief in times of disaster. The Civil Defence network shall cooperate closely with both the Police and the National Defence Force on matters of disaster planning and relief, but shall always be community-based, autonomous and non-military.

Article 41 . State Accounting and Auditing Department, role, composition, powers and duties of

1) Establishment

Government shall establish and fund the State Accounting and Auditing Commission according to rules for State Commissions outlined in Section six, Article 37 of this Constitution. The State Accounting and Auditing Commission shall then establish and maintain the State Accounting and Auditing Department and shall be solely responsible for its effective operation.

2) Auditing role

The State Accounting & Audit Department shall audit and report on all the accounts and financial statements of all the accounting officers at national and local body level of government, other than that of the office of Auditor-General, and of all other persons in the national and provincial public services entrusted with public assets, trust property and other assets. The State Audit Department shall be headed by the Auditor-General, who shall be responsible for the activities of all persons who act with his authority.

2) Accounting and reporting

The State Accounting & Audit Department shall further apprise itself of all financial and fiscal information relevant to national, local body and local government, administration and development and, on the basis of such information, to render advice and make recommendations to the relevant legislative authorities in terms of this Constitution regarding the financial and fiscal requirements of the national, local body and local governments, including

(a) financial and fiscal policies;

(b) equitable financial and fiscal allocations to the national, provincial and local bodies from revenue collected at national level;

(d) the raising of loans by a local government and the financial norms applicable thereto;

(e) criteria for the allocation of financial and fiscal resources; and

(f) any other matter assigned to the State Accounting & Audit Department by this Constitution or any other law.

3) Financial records; statement of revenues and expenditures

All financial records, accountings, audit reports and other reports of public moneys shall be public records and open to inspection. A statement of all revenues and expenditures of public moneys shall be published and distributed annually, as provided by law.

4) Public pension plans and retirement systems, obligation

The accrued financial benefits of each pension plan and retirement system of the State and its political subdivisions shall be a contractual obligation thereof which shall not be diminished or impaired thereby.

5) Auditor-General; Powers and functions

The Auditor-General shall audit and report on all the accounts and financial statements of any local government, board, fund, institution, company, corporation or other organisation established or constituted by or under any law and of which the accounts and financial statements are required in terms of a law to be audited by the Auditor-General, and the accounts and financial statements of all persons in the employment of such a body who have been entrusted by it with its assets, or any other assets.

a) The Auditor-General shall also, at the request of the Prime Minister, Parliament or the Governor General, conduct performance audits.

b) The Auditor-General may, whenever he or she considers it to be in the public interest, or upon receipt of a complaint, investigate, audit and report on the accounts and financial statements of any statutory body or any other institution in control of public funds.

c) No further duties or functions may be imposed upon or assigned to the Auditor-General other than by means of an Act of Parliament.

d) Whenever the Auditor-General or a person appointed in terms of this section exercises or performs his or her powers and functions in terms of this Constitution, he or she shall have access to all books, records (both physical and electronic) and other documents and information relating to the accounts and financial statements referred to in this section.

e) The Auditor-General shall report on the accounts examined by him or her and submit such reports to the authorities designated by an Act of Parliament to receive them, and, unless otherwise provided by an Act of Parliament, such reports or a report by the Auditor-General on any other matter shall be submitted to Parliament within seven days after receipt thereof by such authority.

f) Unless the High Court agrees otherwise, t he Auditor-General shall make public any report prepared in the course of his duties no later than 14 days from the date such report was submitted to the authorities concerned.

6) Auditor-General; Establishment and appointment

The State Audit Commission shall whenever it becomes necessary appoint as Auditor-General a person who is an Aotearoa-New Zealand citizen who is a fit and proper person to hold such office and who shall be appointed with due regard to his or her specialised knowledge of or experience in auditing, State finances and public administration.

a) Except in special circumstances, the Auditor-General shall be appointed for a period of not less than five years and not more than ten years and shall not thereafter be eligible for reappointment.

b) If the Auditor-General is absent or unable to exercise and perform his or her powers and functions, or if the office of Auditor-General is vacant, the highest ranking member of the Auditor-General’s staff shall act as Auditor-General until the vacancy is filled, and shall for that purpose have all the powers and functions of the Auditor-General.

c) The remuneration and other conditions of service of the Auditor-General shall be as prescribed by or under an Act of Parliament, and such remuneration and the other conditions of service shall not be altered to his or her detriment during his or her term of office.

7) Restrictions on outside duties

The Auditor-General shall not perform or commit himself or herself to perform remunerative work outside his or her official duties.

a) The Auditor-General shall not hold office in any political party or political organisation.

8) Removal or resignation of the Auditor-General

The Auditor-General may be removed from office in only two ways:

a) By Act of Parliament passed by a three-quarters majority of all Members of Parliament

b) By application to the High Court alleging incompetence, corruption or misuse of office.

c) An Auditor-General who is the subject of an investigation by a legitimate law enforcement body may be suspended by the Prime Minister pending a decision in such an investigation. Such a suspension may not be continued for longer than 30 days without the approval of the High Court after a substantive hearing.

d) The Auditor-General may at any time resign, subject to his or her conditions of service, by lodging his or her resignation in writing with the Prime Minister.

9) Independence and impartiality

The Auditor-General shall be independent and impartial and shall exercise and perform his or her powers and functions subject only to this Constitution and the law.

a) The Auditor-General and the persons appointed under this section shall have such immunities and privileges as are necessary for the purpose of ensuring the independent and impartial exercise and performance of their powers and functions.

b) No organ of State and no member or employee of an organ of State nor any other person shall interfere with the Auditor-General or a person appointed under this section.

c) In the exercise or performance of his or her powers or functions, all organs of State shall accord such assistance as may be reasonably required for the protection of the independence, impartiality, dignity and effectiveness of the Auditor-General in the exercise and performance of his or her powers and functions.

10) Staff and expenditure

The Auditor-General may appoint, in accordance with a law, such persons as may be necessary for the discharge of the work of the office of the Auditor-General.

a) The Auditor-General may, subject to such conditions as maybe prescribed by or under a law, delegate any of his or her powers to any responsible person within his employ or authorise such a person to perform any function of the Auditor-General. The Auditor-General shall be held accountable for the actions of any person who acts in his or her name.

b) Expenditure incurred during the exercise and performance of the powers and functions of the Auditor-General in terms of this Constitution or under any other law shall be defrayed from money appropriated by Parliament for such purpose and from fees raised or money obtained in a manner authorised by an Act of Parliament.

Article 42 . State Civil Service Commission, role, composition, powers and duties of

The Government shall establish and fund the formation and maintenance of the State Civil Service Commission according to rules for State Commissions outlined in Section six, Article 37 of this Constitution.

1) Specific Role

The State Civil Service Commission shall have the specific role of carrying out Government policy in a compassionate and efficient manner.

2) General duties

The State Civil Service Commission shall classify all positions in the Civil Service according to their respective duties and responsibilities, fix rates of compensation for all classes of positions, approve or disapprove disbursements for all personal services, determine by competitive examination and performance exclusively on the basis of merit, efficiency and fitness the qualifications of all candidates for positions in the classified service, make rules and regulations covering all personnel transactions, and regulate all conditions of employment in the classified service.

3) All other bodies Partisan Government departments

Except where an Act of Parliament shall deem a body to be a court or a non-partisan Government department, any government department or State-owned enterprise, board or quasi-autonomous non-governmental organisation not otherwise mentioned in this Constitution but under effectively Government control shall be considered a partisan Government department for the purposes of this Constitution and shall fall under the control of the State Civil Service Commission and the Government Minister concerned.

4) State Civil Service Commission shall report on necessary changes

State Civil Service Commission shall as soon as practicable, report to Government as to necessary changes to make to the structure of any or all any government department or State-owned business, board or quasi-autonomous non-governmental organisations in order to comply with the terms of this Constitution. The Government shall make the necessary changes to at the earliest opportunity.

5) Appointment of directors of partisan Government departments

The State Civil Service Commission shall have the task of finding a person or persons who will be suitable for directing the department concerned in such a manner as to effectively carry out the Government policy as interpreted by the Minister responsible for that department. The Commission will make such enquiries as are necessary to ensure that the names of a person or persons of both competence and good character are offered to Minister for his or her approval.

6) Minister to approve head of department; duties and responsibility

The Government Minister is charge of any government department shall, at his sole discretion, approve or disapprove a director of department who shall, within the constraints of this Constitution, be responsible for communicating Government policy to the State Commission and ensuring that the department is operating according to Government policy. This director of department shall be responsible to the Minister for the activities of the department, and the Minister shall be responsible to the people.

7) Public servants may not be unfairly penalised

Subject to provisions of general law and any other provision of this Constitution notwithstanding, an officer or employee of the State or of any such unit of government or subdivision or agency thereof may serve on or with any governmental body established for the purposes set forth in this section and shall not be required to relinquish his office or employment by reason of such service. The Government may impose such reasonable restrictions, limitations or conditions on such service as it may deem appropriate.

Article 43. State Sector Employment Commission

The Government shall establish and fund the formation and maintenance of the State Sector Employment Commission according to rules for State Commissions outlined in Section six, Article 37 of this Constitution.

1) Role

The State Sector Employment Commission shall recommend to the Prime Minister and to Parliament rates of compensation for all positions within the public sector.

2) Reporting

The Commission shall furnish reports of expenditures, at least annually, to the Prime Minister and Parliament and shall be subject to annual audit as provided by law.

3) Essential Services, collective bargaining

Preamble:

Army, Police, firemen and similar professions are essential services without which the State cannot effectively function. Accordingly, they are restricted as to their rights to strike in support of wage or condition claims. Notwithstanding this, the Constitution recognises the sense of duty and courage which characterise these professions and guarantees them a fair recompense and conditions of work.

1) Wages shall be set after negotiation

Wages and conditions for essential services shall be set by the State Sector Employment Commission after honest negotiation with freely elected representatives of each profession and shall have the right to bargain collectively with their employer concerning conditions of their employment, compensation, hours, working conditions, retirement, pensions, and other aspects of employment except promotions which will be determined by competitive examination and performance on the basis of merit, efficiency and fitness; and they shall have the right 30 days after commencement of such bargaining to submit any unresolved disputes to binding arbitration for the resolution thereof the same as now provided by law.

2) Increases must be notified

Increases in rates of compensation authorised by State Sector Employment Commission may be effective only at the start of a fiscal year and shall require prior notice to the Prime Minister, who shall communicate such increases to Parliament as part of his budget. Parliament may, by a majority vote of Parliament, waive the notice and permit increases in rates of compensation to be effective at a time other than the start of a fiscal year. Within 60 calendar days following such communication, Parliament may, by a three-quarters vote of Parliament, reject or reduce increases in rates of compensation authorised by the Commission. Any reduction ordered by Parliament shall apply uniformly to all classes of employees affected by the increases and shall not adjust pay differentials already established by the civil service Commission. Parliament may not reduce rates of compensation below those in effect at the time of the transmission of increases authorised by the Commission.

3) Permission not required

The appointing authorities may create or abolish positions for reasons of administrative efficiency without the approval of the Commission. Positions shall not be created nor abolished except for reasons of administrative efficiency. Any employee considering himself aggrieved by the abolition or creation of a position shall have a right of appeal to the Commission through established grievance procedures.

Article 44 . Aotearoa-New Zealand Reserve Bank

The Aotearoa-New Zealand Reserve Bank, established and regulated by an Act of Parliament, shall be the central bank of the nation.

1) Primary objectives

a) The primary objectives of the Aotearoa-New Zealand Reserve Bank shall be to protect the internal and external value of the currency in the interest of balanced and sustainable economic growth in the nation.

b) The Aotearoa-New Zealand Reserve Bank shall, in the pursuit of its primary objectives referred to in this section,

i) exercise its powers and perform its functions independently, subject only to an Act of Parliament

ii) There shall be regular consultation between the Aotearoa-New Zealand Reserve Bank and the Minister responsible for national financial matters.

2) Aotearoa-New Zealand Reserve Bank; powers and functions

The Aotearoa-New Zealand Reserve Bank shall have the functions customarily exercised and performed by central banks, subject to any changes required by this Constitution, which powers and functions shall be determined by an Act of Parliament and shall be exercised or performed subject to such conditions as may be prescribed by or under such Act.

a) The Reserve Bank shall audit the Auditor General on an annual basis or at any time as requested by the High Court, the Police or the Prime Minister. Any such audit by the Reserve Bank must be prompt, efficient, fair and reasonable.

3) Aotearoa-New Zealand Reserve Bank; National Revenue Fund

There is hereby established a National Revenue Fund, into which shall be paid all revenues, as may be defined by an Act of Parliament, raised or received by the Government, and from which appropriations shall be made by Parliament in accordance with this Constitution or any applicable Act of Parliament, and subject to the charges imposed thereby.

No money shall be withdrawn from the National Revenue Fund, except under appropriation made by an Act of Parliament in accordance with this Constitution.

4) Annual budget

The Minister responsible for national financial affairs shall in respect of every financial year present Parliament with an annual budget reflecting the estimates of revenue and expenditure, which shall, inter alia, reflect capital and current expenditure of the government for that year.

5) Procurement administration

The procurement of goods and services for any level of government shall be regulated by an Act of Parliament and local body laws, which shall make provision for the appointment of independent and impartial tender boards to deal with such procurements.

a) The tendering system referred to above shall be fair, public and competitive, and tender boards shall on request give reasons for their decisions to interested parties.

b) No organ of State and no member of any organ of State or any other person shall improperly interfere with the decisions and operations of the tender boards.

c) All decisions of any tender board shall be recorded.

6) Guarantees by Government

The Government may not guarantee any local government loan, unless

(a) the guarantee complies with the norms and conditions for such a guarantee as set out in an Act of Parliament; and

(b) the State Accounting & Audit Department has made a recommendation concerning compliance of the guarantee concerned with such norms and conditions.

7) Special pensions

Provision shall be made by an Act of Parliament for the payment of special pensions by the Government to

a) persons who have made sacrifices or who have in an exceptional manner served the public interest, including members of any armed or military force not established by or under any law; or

b) dependants of such persons.

8) Strict conditions imposed

The Act of Parliament referred to above shall prescribe the qualifications of a beneficiary of a special pension referred to in this article. Strict conditions which meet the principles of the Constitution shall be imposed for the granting thereof and the manner of the determination of the amount of such pension, taking into account all relevant factors, including, inter alia, any other remuneration or pension received by such beneficiary.

a) The special pensions referred to above shall never be granted as a bribe or as a reward for political favours.

Article 45 . Restrictions on control of public monies

No person having custody or control of public monies shall be a Member of Parliament, or be eligible to any office of trust or profit under this State, until he shall have made an accounting, as provided by law, of all sums for which he may be liable.

Article 46 . Public bodies, borrowing power

Public bodies corporate shall have power to borrow money and to issue their securities evidencing debt, subject to this Constitution and law.

The State may borrow money for specific purposes in amounts as may be provided by Acts of Parliament adopted by a vote of three-quarters of Parliament, and approved by a majority of the electors voting thereon at any general election. The question submitted to the electors shall State the amount to be borrowed, the specific purpose to which the funds shall be devoted, and the method of repayment.

1) Bonds, State loans, repayment

Subject to the foregoing provisions, Parliament shall have the power to prescribe and to limit the procedure, terms and conditions for the qualification of bonds, for obtaining and making State loans, and for the repayment of loans.

2) Government must not recklessly or dishonestly incur debt

When proposing a scheme where significant spending is necessary, the Government must fully disclose all pertinent facts surrounding the proposed expenditure. The Government may not recklessly incur public debt.

a) High Court challenges

In the event that a proposed incurring of significant debt was not disclosed, not fully disclosed and/or not truthfully or fully or accurately estimated within a reasonable time prior to the last general election, the High Court may order that a binding referendum be held before the scheme can proceed or that the scheme be deferred until after the next general election.

b) High Court may overide contracts

Where the Government has already signed contracts which are recklessly, maliciously or wilfully contrary to the principles of this section or of the Constitution generally, the High Court, under extraordinary circumstances, may cancel or halt completion of the contract.

c) Unforeseen change a defence; force majeure

It is a defence against any claims made to the High Court under this section that there has been a significant and unforeseeable change in national and international circumstances since original plans and budgets were set. However, no defence of significant and unforeseeable change can succeed if the original plans and estimates failed to take into account inflation or normal fluctuations within the national and international marketplaces.

d) Public approval a defence

It is also a defence against any claims made to the High Court under this section that a full and frank disclosure of the intent of the scheme, together with a reasonable estimate of costs was made to the public prior to the commencement of the scheme and especially that the full intent and cost of the scheme was disclosed to voters within a reasonable time prior to the last general election.

e) Limitations

Nothing in this section is intended to stop the normal work of Government nor for the incurring of debt for the purposes of building or maintaining the national infrastructure or for the general public good.

7) State credit; limitations

The credit of the State shall not be granted to, nor in aid of any person, association or corporation, public or private, except as authorised in this Constitution.

8) Investment of public funds

This section shall not be construed to prohibit the investment of public funds until needed for current requirements or the investment of funds accumulated to provide retirement or pension benefits for public officials and employees, as provided by law.

9) Subscription to or interest in stock by State prohibited; exceptions.

The State shall not subscribe to, nor be interested in the stock of any company, association or corporation, except that funds accumulated to provide retirement or pension benefits for public officials and employees may be invested as provided by law; and endowment funds created for charitable or educational purposes may be invested as provided by law governing the investment of funds held in trust by trustees and other State funds or money may be invested in accounts of a bank, savings and loan association, or credit union organised under the laws of this State or federal law, as provided by law.

10) Deposit of State money in certain financial institutions; requirements

No State money shall be deposited in banks, savings and loans associations, or credit unions, other than those controlled under the law of this State. No State money shall be deposited in any bank, savings and loan association, or credit union, in excess of 50 percent of the net worth of the bank, savings and loan association, or credit union. Any bank, savings and loan association, or credit union, receiving deposits of State money shall show the amount of State money so deposited as a separate item in all published statements.

11) Appropriations; local or private purposes

The assent of three-quarters of Parliament of Parliament shall be required for the appropriation of public money or property for private purposes.

Article 47 . Laws imposing taxes

Parliament has the right to impose reasonable taxes and other charges which are necessary for the maintenance of the State and its functions.

The power of taxation shall never be surrendered, suspended or contracted away.

1) High Court review of taxation amount or nature of investigation by tax collectors

Any person or group who believes themselves to have been the subject of an unfair assessment for taxes or other charges authorised under this section or who believes that he or she is the subject of arbitrary, unreasonable or vindictive treatment by tax collectors, may apply to the High Court for a judicial review. All relevant documents from both the applicant and the tax collector shall be provided to the Court and the Court shall rule in one or more of the following manners:

a) That it has no further interest in the case.

b) That the case should be referred to the taxation Ombudsman

c) That all of some of the amounts claimed by the tax collectors are fair.

d) That all of some of the amounts claimed by the tax collectors are unfair.

e) That the investigation into the affairs of the applicant be ceased forthwith.

f) That the investigation into the affairs of the applicant be carried out under the control of the High Court.

g) That the investigation into the affairs of the applicant are fair and reasonable and may continue unabated.

h) That one or both parties must pay damages and/or costs to the other

i) That other remedies or rulings are appropriate.

2) Tax must be clearly stated

Every law which imposes, continues or revives a tax shall distinctly State nature and amount of the tax.

3) Taxation must be fair

No tax, levy, or other charge shall be imposed which places a burden which exceeds the recipient’s ability to reasonably meet.

4) Emergency taxes; conditions

Under times of war or overwhelming national crises the Government may impose temporary taxes provided:

a) The Prime Minister requests Parliament for a declaration of a State of financial emergency,

b) the taxation is specific as to the nature of the emergency, the dollar amount of the emergency, and the method by which the emergency will be funded; and

c) Parliament declares an emergency in accordance with the specific of the Prime Minister’s request by a three-quarters vote of the Members of Parliament. The emergency must be declared in accordance with the Constitution prior to incurring any of the expenses which constitute the emergency request.

Article 48 . Government may support charities

The Government may support charities which function for the common good and have a primary purpose of providing compassionate support for others. The Government may not support any charity which has a primary or central purpose of gaining support for its own religion, political movement or belief system or of gaining followers through the practice of charitable works.

Article 49 . Historic sites and buildings to be protected

The Government shall take all reasonable steps to preserve important cultural, architectural and historic sites and buildings.

The Government shall be solely responsible for all such sites which were developed subsequent to European settlement and shall act according to the principle of conservation over development. Sites which were developed or occupied prior to European settlement may be preserved by the descendants of the original inhabitants or occupiers of that site and may be funded or otherwise assisted by Government.

1) Restrictions on future development; conservation caveat

Persons and groups may place a conservation caveat on land under their ownership which has conservation, heritage, historical or aesthetic value to them and/or their community. This conservation caveat may place strict controls on the future development on that land.

a) Parliament shall enact legislation to ensure regulation and enforcement of the above rule.

b) The overriding of a conservation caveat shall not be permitted except in the overwhelming national or community interest.

Article 50 . Education

1) No public support for private education

No public monies or property shall be appropriated or paid or any public credit utilised, by Parliament or any other political subdivision or agency of the State directly or indirectly to aid or maintain any private, denominational or other non-public primary or secondary school or other significant educational institution. Parliament may provide for the transportation of students to and from any school.

2) Higher institutions able to require functional literacy

Because a reasonable level of functional literacy is required to usefully attend most higher institutions, higher institutions shall be able to able to require that a student achieve a reasonable standard of functional literacy before attending or contiguous to attending that institution.

3) Higher institutions able to require reasonable standards of functional behaviour.

Preamble

Higher institutions have a right to expect that their students will behave in a manner appropriate to a learning environment.

Students displaying grossly antisocial, intimidating or violent behaviour may be required to attend suitable training courses before attending or contiguous to attending that institution.

a) Limitation

Nothing in this section is intended to inhibit students’ rights to harmless boisterous behaviour, freedom of speech, intellectual challenge or legitimate protest action.

Article 51 . Local Government

All local bodies, including city council members, must act in manner consistent with this Constitution and with their roles a administrators local lands and services on behalf of the local people. Not local body may override decisions made by Parliament which are consistent with this Constitution.

Local bodies must provide for an adequate level of facilities to ensure the safe and useful existence of all people within that body’s district of responsibility, including, but not only, roading, public buildings, sewage and other essential services, libraries, parks and other places of recreation.

1) Cities and towns; taxes

Each city and town is granted power to levy taxes for public purposes, subject to limitations and prohibitions provided by this Constitution or by law.

2) Parks, boulevards, cemeteries, hospitals

Any city or town may acquire, own, establish and maintain, within or without its district boundaries, parks, boulevards, cemeteries, hospitals and all works which involve the public health or safety.

3) Public service facilities

Subject to this Constitution, any city or town may acquire, own or operate, within or without its corporate limits, public service facilities for supplying water, light, heat, power, sewage disposal and transportation to the municipality and the inhabitants thereof.

4) Public utilities; acquisition, sale

No city or town shall acquire any public utility furnishing light, heat or power, or grant any public utility arrangement with a private body which is not subject to revocation at the will of the city or town, unless the proposition shall first have been approved by a majority of the electors voting thereon. No city or town may sell any public utility unless the proposition shall first have been approved by a majority of the electors voting thereon.

5) Cities and towns, loan of credit

Except as otherwise provided in this Constitution, no city or town shall have the power to loan its credit for any private purpose or, except as provided by law, for any public purpose.

6) Governmental functions and powers; joint administration, costs and credits, transfers

Parliament shall by law authorise two or more counties, townships, cities, towns or districts, or any combination thereof among other things to:

a) enter into contractual undertakings or agreements with one another or with the State or with any combination thereof for the joint administration of any of the functions or powers which each would have the power to perform separately;

b) share the costs and responsibilities of functions and services with one another or with the State or with any combination thereof which each would have the power to perform separately;

c) transfer functions or responsibilities to one another or any combination thereof upon the consent of each unit involved;

d) cooperate with one another and with State government;

e) lend their credit to one another or any combination thereof as provided by law in connection with any authorised publicly owned undertaking.

f) Limitation

Nothing in this section absolves any local body from adhering to the principles of the Constitution.

7) Townships, dissolution; towns as cities

Parliament shall provide by law for the dissolution of township government whenever all the territory of an organised township is included within the boundaries of another district.

8) Highways, streets, alleys, public places; control, use by public utilities

No person, partnership, association or corporation, public or private, operating a public utility shall have the right to the use of the highways, streets, alleys or other public places of any county, township, city or town for wires, poles, pipes, tracks, conduits or other utility facilities, without the consent of the duly constituted authority of the county, township, city or town; or to transact local business therein without first obtaining permission from the township, city or town. Except for the national roading system or as otherwise provided in this Constitution the right of all counties, townships, cities and towns to the reasonable control of their highways, streets, alleys and public places is hereby reserved to such local units of government.

a) No charges permitted

No local or national goverment may charge fees for the use of a public road.

9) Budgets, public hearing

Any county, township, city, town, authority or school district empowered by Parliament or by this Constitution to prepare budgets of estimated expenditures and revenues shall adopt such budgets only after a public hearing in a manner prescribed by law.

10) Island areas, contiguity

Island areas are considered to be contiguous by land to the county of which they are a part.

Section Seven: Definitions and legal status of the Constitution

Article 1. Definitions

‘Government’, for the purposes of this Constitution, shall mean the political party or coalition of political parties which has gained a majority of electoral seats in Parliament and the term shall apply to both the Government and its agents. ‘Government’ shall also mean ‘Crown’ when used in relation to previous or otherwise appropriate legislation. ‘Government’ shall also include local government.

‘Governor General’ shall mean both the Governor General and all persons functioning under his or her direct control.

‘Group’ for the purposes of this Constitution, shall mean any body comprising one or more persons which exists for a specific purpose or from time to time undertakes characteristic activities as a group or as if a group. ‘Group’ shall also include the Government.

‘Law’ shall mean any law, statute, rule or regulation pursuant to the operation of the State, whether in existence prior to, pursuant to or subsequent to the legal enactment of this Constitution.

‘Parliament’ shall mean the elected Government.

‘Person’ for the purposes of this Constitution, shall mean any citizen of this nation, but shall include foreigners when applied to law enforcement.

‘State’, for the purposes of this Constitution, shall mean both the Government and the entire nation of Aotearoa-New Zealand together with all lands, rivers, seas, waterways, such additional territory and/or territorial waters as may be recognised by international convention, all environmental, economic and intellectual assets, and all people lawfully residing within its boundaries.

Article 2 . Transition to a system of Constitutional government

1) Laws shall remain in force

The common law and the statute laws in force on the date of the enactment of this Constitution, and not being repugnant to this Constitution, shall remain in force until they expire by their own limitations, or are changed, amended or repealed. All or part of laws and statute laws which are found to be repugnant to the Constitution by the High Court shall be deemed to be repealed immediately. However, where merited in the interests of the common good, the enactment of the judicial ruling may be delayed for up to 90 days in order to allow time for the passage of appropriate replacement legislation by Parliament. Any common law and the statute laws which are found to be repugnant by the High Court shall not affect legal decisions made prior to the enactment of this Constitution.

2) Opinions on Constitutionality by High Court

The Government, any citizen or group may request the opinion of the High Court on important questions of law as to the Constitutionality of legislation after it has been enacted into law but before its effective date.

3) Existing public and private rights, continuance

All writs, actions, suits, proceedings, civil or criminal liabilities, prosecutions, judgments, sentences, orders, decrees, appeals, causes of action, contracts, claims, demands, titles and rights existing on the effective date of this Constitution shall continue unaffected except as modified in accordance with the provisions of this Constitution.

4) International law; rights and obligations

a) All rights and obligations under international agreements which before the commencement of this Constitution were vested in or binding on the nation within the meaning of the previous laws, shall be vested in or binding on the nation under this Constitution, unless such agreement is repugnant to this Constitution.

b) Parliament shall, subject to this Constitution, be competent to agree to the ratification of or accession to an international agreement negotiated and signed in terms of this Constitution.

c) Where Parliament agrees to the ratification of or accession to an international agreement, such international agreement shall be binding on the nation and shall form part of the law of the nation, provided Parliament expressly so provides and such agreement is not repugnant to this Constitution.

d) The rules of customary international law binding on the nation, shall, unless repugnant to this Constitution, form part of the law of the nation.

e) The ruling monarch of England is recognised as having great symbolic importance to Aotearoa-New Zealand, as does this nation’s historic association with the British Commonwealth. However, except as otherwise provided for by international treaty, the British nation shall have no lawful role in the governance of this State.

5) Existing legal principles shall generally remain

Except where a new legal principle is established by this Constitution, existing legal principles shall remain.

6) Recommendations by the Attorney General for changes in laws

The Attorney General shall recommend to Parliament as soon as practicable such legislative changes as may be necessary to ensure that all the State’s common laws and statute laws adhere to both the express and implied provisions of this Constitution.

Article 3 . Lawful status of the Constitution

This Constitution is and shall always remain the highest law in this State and shall form the sole lawful structure for the governance of the people and resources of Aotearoa-New Zealand. Once enacted, this Constitution cannot be revoked.

This Constitution can be amended only by Act of Parliament passed by a three-quarters majority of Parliamentary Members followed by a lawful referendum in which a minimum of a two-thirds majority of people registered to vote have voted and in which a majority of those who voted have approved the amendment.

Provisions within the Constitution which deal with normal administrative and/or law enforcement procedure, resource management and each person’s natural right to quiet enjoyment of everyday life can, in times of overwhelming crisis, be suspended, but only under strict respect and adherence to the principles of this Constitution and rules for its suspension outlined below.

1) Genuine error, oversight or omission

Where there appears to have been a genuine error, oversight or omission by the drafters of the Constitution, the relevant section can be lawfully modified by a three-quarters majority of Parliament together with the approval of a full bench of the Court of Appeal. If the Court of Appeal ruling is challenged, the normal Courts of Appeal procedure shall apply. No change made in this manner shall alter the principles and/or basic rights inherent in this Constitution.

2) Amendment by legislative proposal and vote of electors.

Amendments to this Constitution may be proposed by Parliament or by petition to Parliament. Proposed amendments agreed to by three-quarters of the Members of Parliament on a vote with the names and vote of those voting clearly recorded shall be submitted by way of binding referendum, not less than 60 days later, to the electors at the next general election or special election as Parliament shall direct. If a majority of people voting on a proposed amendment approve the same, it shall become part of the Constitution and shall abrogate or amend existing provisions of the Constitution at the end of 45 days after the date of the election at which it was approved.

3) Amendment by petition and vote of electors

Amendments may be proposed to this Constitution by petition of the registered electors of this State. Every petition shall include the full text of the proposed amendment, and be signed by registered electors equal in number to at least 10 percent of the total vote cast for all candidates at the last preceding general election. Such petitions shall be filed with the person authorised by law to receive the same at least 120 days before the election at which the proposed amendment is to be voted upon. Any such petition shall be in the form, and shall be signed and circulated in such manner, as prescribed by law. The person authorised by law to receive such petition shall upon its receipt determine, as provided by law, the validity and sufficiency of the signatures on the petition, and make an official announcement thereof at least 60 days before the election at which the proposed amendment is to be voted upon by Members of Parliament as per (2) above.

4) Submission of proposal; publication

Any amendment proposed by such petition shall be submitted by way of binding referendum, not less than 120 days after it was filed, to the electors at the next general election. Such proposed amendments, including existing provisions of the Constitution which would be altered or abrogated by the amendment, and the question as it shall appear on the ballot shall be published in full as provided by law. Copies of such publication shall widely advertised and be posted in each polling place and furnished to news media as provided by law.

5) Restriction on monies spent and allocation of State funding

When a ballot proposing an amendment to the Constitution is proposed, the Electorial Commission shall allocate such funding as is necessary for the clear and unbiased public education of the issues raised in the ballot. The Electoral Commission, where necessary, shall provide reasonable funding to opposing lobby groups in order to achieve a balanced presentation to the public or effective debate of the issues concerned. The Electoral Commission shall impose reasonable limits on spending, and timing of spending of interested parties in order that a fair outcome is likely.

6) Statements must be true

Any publicity claims and assertions made about any amendments must not be false or misleading. The Electoral Commission shall have the power to force the alteration or withdrawal of any publicity material which, in whole or part, by statement or implication is false or misleading. Everyday puffery is permitted.

7) Ballot, statement of purpose

The ballot to be used in such election shall contain a statement of the purpose of the proposed amendment, expressed in not more than 100 words, exclusive of caption. Such statement of purpose and caption shall be prepared by the person authorised by law, and shall consist of a true and impartial statement of the purpose of the amendment in such language as shall create no prejudice for or against the proposed amendment.

8) Approval of proposal, effective date; conflicting amendments

Any proposal must first receive an affirmative vote by a three-quarters majority of all Members of Parliament, after which it shall be submitted, not less than 60 days later, to the electors at the next general election or special election as Parliament shall direct. If a majority of people voting on a proposed amendment approve the same, it shall become part of the Constitution and shall abrogate or amend existing provisions of the Constitution at the end of 45 days after the date of the election at which it was approved. If two or more amendments approved by the electors at the same election conflict, that amendment receiving the highest affirmative vote shall prevail.

Article 4 . Suspension of the everyday norms of the Constitution

Provisions within the Constitution which deal with normal administrative and/or law enforcement procedure, resource management and each person’s natural right to quiet enjoyment of everyday life can only be suspended in times of overwhelming crisis, and only under the following conditions:

1) Declaration of State of Emergency

During a localised or national or international civil emergency where there is overwhelming need for organised action to end the crisis, the freely-elected head of State may authorise the declaration of a localised or national State of Emergency.

The declaration of a State of Emergency must be made in writing and issued to the accessible leaders of all registered political parties, the highest accessible member or members of the judiciary and as broad as practicable section of the news media. The declaration must state clearly the reasons for the declaration and the areas to which the declaration applies.

2) Principles of the Constitution remain unaltered

The declaration of a State of Emergency does not alter the express or implied principles of the Constitution nor the obligations of all people to act according to those principles. The declaration of a State of Emergency merely temporarily removes the obligation of the State or its officials and representatives to act according to the specifics of the law while retaining their obligation to act according to its principles.

3) Steps to end the crisis promptly

The head of State must take all reasonable steps to end the crisis promptly and with a minimum of unwarranted disturbance of the lives and liberties of the populace.

a) Duration:

A State of Emergency can only be declared for a period of 24 hours, and during that time the head of State must take all reasonable steps to contact and assemble the highest available court in the land, or, if this is not possible, the highest available number of members of the judiciary (who shall represent the highest court) and apply for this court’s authorisation of a continuation of the State of emergency. In the event that a full bench of the highest accessible court is not available for the authorisation of continuation of a State of emergency, the full bench, or as large a percentage of the full bench as may be assembled at that time, must assume any further authorisation and the head of State and all responsible State agents must take all reasonable steps to locate and assemble the members of the highest court for this purpose.

b) Continuation or cessation; Commissions of Inquiry

If the highest available court is not satisfied that a continuation of the State of Emergency is justified, the court may declare the State of Emergency ceased and must then instigate a Commission of Inquiry under the terms outlined below. If the court authorises the continuation of the State of Emergency, the State of Emergency can continue for another 24 hours and must subsequently be authorised by the court once more each 24 hours.

4) Limitation on duration

A State of Emergency must never continue more than 24 hours without the approval of the highest court or the highest available representative judge of that court. The State of Emergency may not be continued for more than 21 consecutive days without a Commission of Inquiry being appointed. The State of Emergency must under no circumstances be continued unless there is an overwhelming need to preserve the lives and liberties of the affected persons.

5) Abuse of power

Any person or persons who wilfully and with malice abuse the powers granted under a State of Emergency (not merely acting as common criminals) with an intent to impede or end the people’s Constitutional rights shall be guilty of treason and shall be detained at the earliest opportunity then tried by the highest available court.

6) Commissions of Inquiry

If a continuation of the State of Emergency past a total period of 30 days is likely, the Commission of Inquiry must issue an interim recommendation as to the validity of a continuation of the State of Emergency before the 29th day of the State of emergency. If a continuation is authorised, the Commission must monitor the actions of the government and its agents, and may charge and detain any person or persons who, being a member of the government or its agents, is clearly, wilfully and with malice abusing the powers granted to him/her under the State of Emergency.

a) At the earliest opportunity following the ceasing of a State of Emergency, the highest court or as many members of the highest court as may be reasonably assembled under the circumstances must urgently conduct or direct the enactment of a Commission of Inquiry into the conduct of the government and its agents during the State of Emergency. Following the Commission of Inquiry the highest court must issue a report on conduct of the State and it agents and make recommendations to the Government for improvement of the efficiency and fairness of conduct in the future. If there is reasonable evidence of abuses of power by the government or its agents, the highest court may charge and detain any person or persons who, being a member of the government or its agents, has clearly, wilfully and with malice abused the powers granted to him/her under the State of Emergency. No person is immune to punishment for abuses of power.

b) If a State of Emergency is solely matter of a localised natural disaster without widespread civil unrest, then the highest court may appoint an agent or agents to conduct an inquiry. This agent or agents shall have the same powers as the highest court and shall complete their interim inquiry within 30 days and report to the highest court, which must then act according to the Constitution.

New Zealand Constitution

The Constitution

Preamble

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