Referendum for an Enriched Constitution.

We need to pull together signatures for a petition for the people of New Zealand to come forth and agree or disagree with wither or not we should have a constitution. As it stands we are illegally ruled and need to do something about this, failing to do so will mean that the Prime Minister has the rights (although illegally) to sell our assets. That new Legislation can be brought forth and withhold our Common Law rights.

New Zealand's Constitutional Crisis:

New Zealand does not have a single Constitutional document which has the force of fundamental law. Our 'Constitution' is a combination of formal legal documents, Common Law and unwritten conventions. As you will see below, New Zealand People are vulnerable to corrupt government:

1. The Treaty of Waitangi: this is commonly said to be New Zealand's founding Constitutional charter. It marks the founding of New Zealand as a British colony. It commands allegiance of New Zealand People. And yet it does not contain certain features that are crucial for a Constitutional document:

a. for most of its history the Treaty has not been recognised as having the force of fundamental law (i.e. it is not entrenched)

b. it does not limit or define the powers of the New Zealand Parliament.

Recent attempts have been made to give the Treaty more legal authority by incorporating it into various Acts of Parliament. There has been significant public outcry that this is giving the Treaty more legal force than it is owed.

Unfortunately, facts are often obscured from the public eye, so while the debate rages about “The Treaty of Waitangi”, little attention is being paid to “Te Tiriti o Waitangi” which is the actual document that should take precedent. Those two documents are not one and the same!

2. Formal Legal Documents: are said to be Constitutional documents of New Zealand. Herein the Constitution Act 1986.

This Act formally sets out the separate roles of the Legislative, Executive and Judicial branches of government (for our views on the lack of real judicial independence refer to Law and Order Policy). But most significantly, New Zealand Parliament became unlawful the day this Act was passed, as follows:

c. New Zealand Parliament, in enacting the Constitution Act 1986, formally extinguished all ties with the United Kingdom (UK), essentially nullifying its own existence. It is legally impossible for sovereignty (independence from the UK) to pass from the Sovereign of the United Kingdom to New Zealand Parliament. Rather, sovereignty can only pass to New Zealand People. In effect, New Zealand People have not been governed lawfully since 1986.

d. New Zealand Parliament usurped the sovereignty of New Zealand People without having a mandate from them to do so. At no time was New Zealand public asked to participate in a binding referendum on the subject, or to make any Common Law in this regard. Thus our Parliament has been making and enacting laws; passing Budgets; and collecting taxes unlawfully.

e. New Zealand is in a constitutional crisis as a result. Our sovereignty or independence from the United Kingdom is unclear. If New Zealand became independent from the United Kingdom in 1947 (via various Acts of Parliament), why did it need to do so again in 1986? And if New Zealand Parliament is indeed sovereign, why is it Her Majesty the Queen can take direct control of New Zealand's Armed Forces at any time, according to the Defence Act 1990? 

3. Statute Law (Acts of Parliament): if New Zealand had an entrenched Constitution, New Zealand People would have the right to test the Constitutional validity of any Acts of Parliament in the Courts. Such a right is urgently needed, given the increasing frequency with which Acts of Parliament have been enacted which has blatantly been against the will of most New Zealanders. Until New Zealand has a written Constitution, governments will continue to use Statute Law to socially engineer a New Zealand very few of us are happy with.

4. Common Law: in recent times, judges of New Zealand Courts have sought to overturn precedent, otherwise known as the Common Law. And yet they have no mandate to do so. It is for the People to make the Common Law. Some New Zealand judges are claiming that certain aspects of the Common Law, which are based on UK Common Law, are outdated and no longer applicable or relevant. 

5. Constitutional Conventions: some of the most significant and powerful positions within New Zealand government are regulated by mere 'constitutional conventions'. Believe it or not, the major decision-making body in New Zealand government (the Cabinet) and the major individual political office (that of the Prime Minister) both operate merely under these conventions. There are no legally entrenched rules determining or limiting their power or prohibiting their corruption.

Please note the above can be found on the links below, the person putting forth this petition does not stand as a representative for the party included, but does support the cause. Parties aside, the people of NZ need to become aware of their situation and their rights.

You can find more information on this at the following websites:

http://ournz.org.nz/policies/new-zealand-constitution

http://www.beehive.govt.nz/Documents/Files/NZ%20Constitution%20Cabinet%20Office%20backgrounder.pdf

http://www.parliament.nz/NR/rdonlyres/AC9829DF-32D8-4569-A672-FFEFA2BC6278/6641/2005Constitutionupdate1.pdf

http://www.legislation.govt.nz/act/public/1990/0109/latest/DLM224792.html

http://www.legislation.govt.nz/act/public/1986/0114/latest/DLM94204.html

This petition is brought forth to the people to raise awareness so that we can insure we have a system in place that prevents corruption, we need to insure our rights are protected and that seeing our best interest are at the heart of our politics. 

Please sign the petition if you want a lawful government which has processes in place to insure protection from corruption.