26
The Cabinet Manual 2001 requires Cabinet papers to confirm compliance with
Treaty principles in relation to Bills for introduction and bids for inclusion in the
legislative programme. Papers to secure approval for government bills are
required to report on the consistency of what is proposed with the Treaty. Lord
Cooke said in a 1990 extra-judicial utterance of the Treaty It is simply the most
important document in New Zealands history.16 But the proper legal and
constitutional roles of the Treaty remain to be decided.
27
The Royal Commission on Electoral law recommended as long ago as 1986 that
Parliament and Government should enter into consultation and discussion with a
wide range of representatives of the Maori people about the definition and
protection of the rights of the Maori people and the recognition of their
constitutional position under the Treaty of Waitangi.17 That remains a sound
recommendation. It was echoed in the extraordinarily cautious report before the
2005 general election of the Constitutional Arrangements Select Committee. This
recommended that There should be specific processes for facilitating discussion
within Maori communities on constitutional issues.18 Sooner or later these things
will have to happen. But before they do we need some firmer analysis of the
possible policy options and approaches available. It will take some years to
generate those and then slide the issues back into the system of Government. At
present I can see no clear direction in which to guide Government policy.
28
In the end I am an optimist about the Treaty and its place now and in the future.
We are a long way from 1840 now. But we have accomplished much and while
there is more to be done I am confident developments will take place in the
fullness of time, perhaps in ways we do not yet discern. Issues between Maori and
Pakeha will endure in New Zealand, including issues concerning the Treaty. The
New Zealand sense of national identity is uniquely defined by a contribution from
Maori. Tolerance and a generosity of spirit remains a predominant part of the
make-up of New Zealanders.
16
Sir Robin Cooke Introduction (1990-1991) 14 NZULR 1.
17
Royal Commission on the Electoral System Towards a Better Democracy [1986-87] IX
AJHR H.3 112.
18
Constitutional Arrangements Committee Inquiry to Review New Zealands Existing
Constitutional Arrangements [2005] AJHR I. 24A 5.