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In the last 30 years the re has been a marked move, particularly since the creation of the
Waitangi Tribunal52, to deal with grievances of Maori iwi, particularly in relation to
unjust confiscation of their land. Initially these were restricted to current complaints but
the jurisdiction has now been extended back to 1840.53
In the last few years there has been increasing pressure to determine the exact place of
the Treaty in our nations life and for clarity about wider constitutional issues.
New Zealand is like Britain in that we do not have a single constitutional document.
Our Constitution Act 1986 is scant in its coverage. There has been sustained agitation
and a number of conferences to consider both what in fact our overall position is and
more importantly what it should be. No consensus has so far emerged.
An issue arose as to whether the Law Commission should be requested to become
involved in an exercise to clarify the issues. It is not the path which has been adopted,
which I am pleased about. Late in 2004 a decision was taken to have a Select
Committee consider our current constitutional arrangements54 and for the State Services
Commission to do a stock take of the current position.
These are issues of high policy and principle rather than questions for legal analysis and
determination. I had a serious concern that if we had become involved in this issue our
role would have become politicised. Issues of high principle which require a long view
and independence need not be off a Law Commissions agenda, but this ha s become a
very politicised question and there must be substantial concerns when that occurs.
52
The Waitangi Tribunal was established in 1975 by the Treaty of Waitangi Act 1975
53
Treaty of Waitangi Act 1975 s6(1) was repealed and substituted on 6 January 1986 by Treaty of
Waitangi Amendment Act 1985 No 148, s3(1), the original Act restricted complaints to any act
which, after the commencement of this Act
54
The setting up of a special select committee to review New Zealands constitutional arrangements
was announced by Prime Minister Helen Clark on 13 November 2004 at an Address to New Zealand