|This document represents my personal views only, and attempts to set out some of the principles that I think should be incorporated into any constitution adopted by New Zealand|
a) We recognise that our lives and our children's lives can be better if we act together than if we sum our individual efforts.
b) We recognise that each person has inherent value equal to all other persons in every phase of their life.
c) We recognise that we are citizens of the world and inhabitants of planet earth and we bear our share of responsibilities for these.
a) The people of New Zealand seek a durable state of peace freedom and prosperity for New Zealanders and our country.
b) The people of New Zealand wish to govern ourselves so that we may live in a durable state of peace freedom and prosperity.
c) New Zealanders wish to make our rights and responsibilities, and our processes for governance, clearly and publicly known.
2.1 Administration of the Constitution
a) The Executor of the Constitution shall be responsible for initiating the processes defined in the Constitution and empowering the enforcement of the Constitution.
2.2 Governance within the Constitution
a) The House of Representatives is responsible, to the people of New Zealand, for governance, within the provisions of the Constitution
2.3 Interpretation of the Constitutiona) The Judiciary are responsible for the interpretation of the constitution and for judicial actions against breaches of constitutionally-valid statutes
2.4 Enforcement of the Constitution
a) The Forces are responsible for the enforcement of the constitution and constitutional regulations.
2.5 Services provided under the Constitution
a) The Public Service is responsible for delivering the agreed services to New Zealanders within the provisions of the Constitution
3.1 Purpose of the House of Representatives
a) New Zealanders wish to delegate powers of governance for the above purposes.
3.2 FUnctions of the House of Representatives : power that is delegated
a) Subject to constitutional constraints, New Zealanders delegate to the House of Representatives, the power to raise taxes, enact statutory regulations, and govern New Zealanders
b) The initiation, drafting, presentation, reading and debate of regulations by the House of Representatives, shall be demonstrated to achieve the purposes of the Constitution
c) Enactments of the “House of Representatives” shall be on the basis of majority vote of elected members, each fulfilling their constitutional responsibilities
d) The House of Representatives shall fund, from taxes, the operations of the House of Representatives, the Executor of the Constitution, the Forces, the Judiciary and the Public Service.
e) Any re-delegation or contractual commitments made on behalf of New Zealanders, by the House of Representatives, shall be subject to the same constraints, conditions and requirements of transparency and consent, as the original delegation.
f) Subject to all Constitutional constraints, the House of Representatives may re-delegate authority
3.3 Constraints upon the House of Representatives: Powers that are not delegated
3.3.1 Delegation is constrained
a) Human rights belong to individuals, and no delegate ever acquires the authority to usurp or remove these. Human rights are identified in Appendix A to this Constitution.
b) Delegation is conditional: New Zealanders may, under the conditions and using the (referenda) mechanisms set out below, constrain delegation of power to the House of Representatives.
c) Unless a delegated authority demonstrates responsibility for a function, it may not constrain a New Zealanders right to perform the function themselves.
3.3.2 Delegation requires informed consent
a) New Zealanders will not become subject to regulation enacted without their informed consent
b) New Zealanders will not become parties to commitments made without their informed consent
3.3.3 Delegation must honour commitments
a) New Zealanders will honour defined treaties, contracts and commitments that are reasonably agreed between defined parties, or will negotiate honourable conclusions to these.
3. 4 Operation of the New Zealand House of Representatives
a) The House of Representatives shall define its operational methods,
b) The House of Representatives shall publish its operational methods and demonstrate adherence to them
c) The House of Representatives shall demonstrate to New Zealanders that the operational methods chosen do effectively and efficiently achieve the constitutional goals and are within all of the constitutional principles.
4. 1 Purpose of the Judiciary
4.1.1 Interpretation of statute
a) The judicial system is responsible, to New Zealanders, for the interpretation of constitutionally valid statutes, as they apply to cases appearing for judgement.
4. 2 Functions of the Judiciary
a) The judicial process shall incorporate, as a minimum, all of the rights that are defined for judicial processes, within the UN-UDHR
b) New Judiciary may impose penalties on those who offend against statutes: the purpose of any such penalty is deterrence, restitution (to society in general, and to specific victims), and protection of New Zealanders.
4.3 Constraints upon the Judiciary
a) Penalties applied by the Judiciary shall be selected using a strict hierarchy of tests:
b) The form of penalty available shall only include monetary, incarceration, community service or injunctive relief, or deportation in the case of foreign citizens. No other types of penalty are permissible.
- Community service is preferred (labour and time are the most universal currencies):
- Direct (financial) recompense to the state and/or specific victims where possible
- Incarceration only when there is a real and present danger of re-offending.
- Deportation, in the case of foreign citizens
c) If no criminal offence is proven against a New Zealander, within 5 years of completion of a penalty imposed on the New Zealander by the Judiciary, then that New Zealander’s criminal record will be expunged.
4. 4 Operation of the Judiciary
a) The Judiciary shall define its operational methods,
b) The Judiciary shall publish its operational methods and demonstrate adherence to them
c) The Judiciary shall demonstrate to New Zealanders that the operational methods chosen do effectively and efficiently achieve the constitutional goals and are within all of the constitutional principles.
5. 1 The purpose of the forces
a) Threats can originate from many sources, and threats are of many types: and the effect on citizens is independent of the source or the nature of the threat. An integrated mechanism for response is therefore required.
b) The Forces shall provide effective protection for New Zealanders against injury, death, damage to assets or interests, to privacy and reputation, from natural hazards and from intentionally or unintentionally hostile persons whether these are from individuals or representatives of a nation or group.
c) The Forces are responsible for the enforcement of the requirements of the Constitution, and protection of the rights granted under the Constitution, including the legitimate statutes of the House of Representatives, and penalties imposed by the Judiciary, as enacted by the Executor of the Constitution.
5. 2 Functions of the Forces
5.2.1 Policed force
a) A normally unarmed force shall be responsible for investigation of crimes against statute, arrest and prosecution activities within the Constitution
5.2.2 Armed forces
a) A mobile, versatile and normally armed force shall be responsible for defence of New Zealanders against hostile actions and natural disasters within the Constitution.
5. 3 Constraints upon the forces
a) Localised threats (from hostile persons or natural hazards) require speedy and localised actions that cannot be provided by a centralised force: New Zealanders shall not be prevented from effectively mitigating threats against themselves, their families, their interests, privacy or reputations.
b) The functions of the Forces shall be strictly and closely monitored and controlled by the Constitution powers under which they are granted.
5. 4 Operation of the Forces
a) The Forces shall define their operational methods,
b) The Forces shall publish their operational methods and demonstrate adherence to them
c) The Forces shall demonstrate to New Zealanders that the operational methods chosen do effectively and efficiently achieve the constitutional goals and are within all of the constitutional principles.
6. 1 Purpose of the Public Service
a) The Human Rights defined in Appendix A to this Constitution, set out certain rights that belong to every New Zealander (include health, education and services to citizens). These rights can only be provided if they are resourced and empowered.
6. 2 The functions of the public service
a) The public service must provide the defined services, to all New Zealanders
b) New Zealanders must fund these services
6. 3 Constraints upon the Public Service
a) New Zealanders are all members of society, and so services must be available to all, without constraint.
b) The principles of re-delegation shall be rigorously applied to the provision of services.
6. 4 Operation of the Public Service
a) The Public Service shall define its operational methods,
b) The Public Service shall publish its operational methods and demonstrate adherence to them
c) The Public Service shall demonstrate to New Zealanders that the operational methods chosen do effectively and efficiently achieve the constitutional goals and are within all of the constitutional principles.
7. 1 The purpose of the office of the executor
a) The constitution defines actions, and the Constitution defines the criteria that are necessary and sufficient to initiate these actions.
b) The "Executor of the Constitution" shall ensure that constitutional actions and functions are carried out, and shall sign into force orders to implement constitutional actions and functions.
7. 2 Functions of the Executor
7.2.1 General functions
a) Ensure that the electoral process is carried out as required in this Constitution
b) Ensure that citizen access to Constitutional mechanisms is readily available and that the associated processes are followed
c) Ensure that citizen access to mechanism for Constitutional amendment is readily available and that the associated processes are followed.
d) Should a specifically breach of the constitution be proved, the Executor may command the forces, solely for the purpose of rectification of the specifically proven breach.
7.2.2 Specific functions
22.214.171.124 Amendment of the Constitution
a) The constitution of New Zealand is a foundational document. Modifications must be carefully formulated and implemented only after careful and long consideration.
b) The electoral process shall include provision for New Zealanders to register requests for changes to the Constitution
c) If a request for a change to an aspect of the Constitution is requested by over 30% of the voters, the Executor of the Constitution shall prepare a detailed and specific amendment to address the specific request
d) The Executor of the Constitution shall publicise the proposed amendment and an analysis of its effects, in the course of the electoral process, in the term following the request to change.
e) The proposed amendment shall be presented for voter approval during the electoral process, in the term following the publication.
f) The amendment shall be enacted immediately by the Executor of the Constitution, if over 75% of voters approve the proposed amendment. This process has required the elapse of two terms of the House of Representatives.
126.96.36.199 Administration of compliance with Constitutional requirements
a) The Executor of the Constitution shall establish and maintain, a publicly accessible means by which New Zealanders can register concern over matters determined directly or indirectly by this Constitution.
b) Upon receipt of a registration of concern, the Executor shall immediately initiate an appropriate process to determine whether there is reasonable concern regarding a constitutional provision
c) If a breach of constitutional provision is determined to have occurred, the Executor shall have responsibility for enforcing the amendment of processes or practices to align with the Constitutional requirements.
d) The executor shall direct the Forces to enforce acts of the House of Representatives, only when these are within the Constitution (hence unconstitutional Acts are rendered unenforceable)
188.8.131.52 Administration of referenda
a) Upon receipt of a petition signed by not less than 5% of New Zealander voters, the Executor of the Constitution shall initiate a consultation process
b) The consultation process shall determine the nature of the concern, and shall draft a referendum question based upon the concern expressed in the petition
c) The Executor of the Constitution shall present the referendum question in the course of the election process, and if the proposal is agreed by a majority of voters, it shall become binding upon the incoming House of Representatives
184.108.40.206 Administration of the electoral process
a) The Executor of the Constitution shall initiate the electoral process and announce the timetable for the election process, which shall be completed not more than 4 years from the previous election.
b) Natural persons, citizens of New Zealand and over 21, may offer themselves for election as members of the House of Representatives, as individuals or as representatives of a “party”.
c) The Executor of the Constitution shall seek nominations of persons wishing to stand for election to the House of Representatives, giving adequate time for this.
d) The Executor of the Constitution shall obtain from each person standing for election as a member of the House of Representatives, a sworn statement of affiliations and interests.
e) The Executor of the Constitution shall obtain from each person standing for election as a member of the House of Representatives, a sworn statement of responses to consultation issues
f) The Executor of the Constitution shall publish, at least 1 month prior to the polling date, the names of candidates for election as members of the House of Representatives, and for each candidate, statements of affiliation and interest, and statements of response to the consultation issues.
220.127.116.11 Consultation process
a) In addition to the standing provision for New Zealanders to express concern and request referenda, the Executor of the Constitution shall specifically seek from the House of Representatives and from the public, a list of topics to be reviewed in the course of the election.
b) The Executor of the Constitution shall carry out a public consultation process, on the nominated topics as a minimum.
c) The public consultation process shall include the required provisions for New Zealanders to proposed changes to the Constitution.
d) The public consultation process shall include the formulation of referenda questions.
e) The Executor of the Constitution shall publish the results of the consultation process, not less than 2 months before the pollingdate
18.104.22.168 Administration of voting
a) Polls shall be administered by the office of the Executor of the Constitution
b) The Executor of the Constitution shall ensure that the electoral process is carried out and that every voter is able to freely and privately vote on
c) The mandate of the House of Representatives must not be in doubt, and so every New Zealander over 18, and not exempted, must vote in the House of Representative elections.
- The candidates for the House of Representatives
- The Prime Minister
- The referenda questions
- Any proposed amendments to the Constitution
d) Each eligible voter will be allowed 10 votes for candidates, which the voter may allocate among the candidates
e) Each eligible voter will be allowed 1 vote for the candidate whom they wish to become Prime Minister.
22.214.171.124 The Executor of the Constitution shall publish, not less than 2 weeks from polling date
a) The results of the votes cast for House of Representative candidates,
b) The votes cast for Prime Minister
c) The votes cast upon referenda questions and
d) The votes cast in response to proposed Constitutional changes
126.96.36.199 Establishment of the House of Representatives
a)Following publication of voting results, the Executor of the Constitution shall immediately dissolve the House of Representatives and shall immediately establish and empower the new House of Representatives strictly in the terms of this constitution.
b) Where polls indicate majority support for referenda questions, the implementation of these shall be incorporated into the mandate of the incoming House of Representatives.
c) The House of Representatives shall be established from the 120 candidates polling the highest number of votes..
7.2.3 Constraints upon the executor of the Constitution
a) The Executor of the Constitution shall have no powers other than those defined in the Constitution
7. 3 The operation of the office of the executor of the Constitution
a) The Governor General, as a person independent of the direct governance of NZ, shall be invited to take the role of "Executor of the Constitution", declaring his/her commitment to the goals, purposes and functions of this Constitution, and revoking any conflicting interests.
b) If the Governor General is unable or unwilling to take the office of "Executor of the Constitution", a national election shall be held to appoint a person to this role, and the mandate shall be tested every 10 years.
c) The Executor of the Constitution must, immediately upon appointment, nominate a deputy who will assume the duties of the Executor should the appointed person become incapable of performing the duties.
d) The "Executor of the Constitution" may appoint a staff, of NZ Citizens to support the functions of the office. This staff shall be funded by New Zealand taxes.
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,Scope
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between peoples, states and nations, Whereas New Zealanders have pledged themselves to achieve the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Every person conceived in New Zealand shall be entitled to New Zealand Citizenship.Security of person and property
Every person who is born or conceived in New Zealand or who is granted citizenship legally is considered to be entitled to the rights listed below.
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Every individual is entitled to all the rights and freedoms set forth in this document, without distinction of any kind, and may not be abrogated by society
In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
These rights and freedoms may in no case be exercised contrary to the purposes and principles of this document.
Everyone has the right to life, liberty and security of person.Freedom of movement and citizenship
New Zealanders have the right to freedom of movement and residence.Property ownership
New Zealanders have the right to leave New Zealand, and to return freely.
New Zealanders have the right to own property alone as well as in association with others.Privacy
No one shall be arbitrarily deprived of his property.
Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
No one shall be subjected to interference with or surveillance of their privacy, family, home or correspondence, nor to attacks upon their honour or reputation, except where a specific intention to commit crime is proven.Legal process
No one shall be subjected to arbitrary arrest, detention or exile.Marriage and family
Society shall be entitled to protect itself and its citizens by deterence and preventive measures, where and only to the extent that these are provably necessary to prevent defined harm to persons or society.
Everyone has the right to recognition everywhere as a person before the law.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Everyone has the right to an effective remedy by the competent courts for acts violating the fundamental rights granted him by the constitution or by law.
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Everyone charged with any offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Legal penalties shall be limited to financial penalties, community service, or humane constraint to prevent defined harm to persons or society harm
Any eligible man and woman, of full age, shall have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.Association
Marriage shall be entered into only with the free and full consent of the intending spouses. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Motherhood and childhood are entitled to special care and assistance. All children, whether conceived in or out of wedlock, shall enjoy the same social protection.
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.Governance
Everyone has the right to freedom of peaceful assembly and association.
No one may be compelled to belong to an association.
Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.Work
The will of the people shall be the basis of the authority of government. This will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures, and shall allow the people to express their will on all aspects of their governance
Everyone has the right to seek work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.Community participation
It is expected that New Zealanders shall, to the extent the are able, work to support themselves, their families and contribute to the society that protects and sustains them.
Everyone, without any discrimination, has the right to equal pay for equal work.
Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
Everyone has the right of equal access to public service in his country.
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
Everyone has duties to the community in which alone the free and full development of his personality is possible.
Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.