Māori Cannot Re-Write New Zealand’s Constitution By Stealth

The Kotahitanga Parliament 1897

THE DEMAND for a “Māori Parliament” needs to be carefully unpicked. Some Pakeha, thoroughly alarmed by the incendiary rhetoric surrounding the proposition have taken to muttering darkly about “sedition” and “treason”. This is not a helpful line of reasoning to pursue since a threat, if it is to be counted real, requires a credible means of delivery, and, as far as we know, Te Pāti Māori has little to put in the field beyond the thousands of peaceful protesters it has already deployed. But, if the proposition is not to topple New Zealand’s present political system and replace it with one more reflective of Māori tikanga, then what, exactly, do these Māori constitutional architects have in mind?

Crucially, given the fundamental importance of the issues under review, that remains far from clear – at least to most Pakeha. This is not accidental. Indeed, the Māori reticence to openly discuss constitutional reforms with Non-Māori is entirely deliberate. Although constitutional discussions have been taking place within Te Ao Māori for decades, and in spite of the fact that the discussions and debates of the past five years have brought at least the scaffolding of an “Aotearoan” constitution into much sharper focus, Māori are extremely reluctant to discuss their constitutional ideas with the rest of New Zealand.

Their unwillingness is entirely understandable. Most New Zealanders’ understanding of the constitutional instruments by which they are governed is pretty hazy. They know that their country is a monarchy, although an alarming number of them do not appear to appreciate that it is a constitutional monarchy. Many are convinced that the King retains the power to – and should – intervene directly in the nation’s political affairs. They will similarly affirm that their country is a democracy, even if far more of them than is good for any democracy utterly despise the politicians they elect, and would happily reduce their numbers by half. Most Kiwis are confident that they “know their rights”, but are not at all sure it is wise to make them available to everybody.

The sheer scale of this constitutional ignorance, on full display during the occupation of Parliament Grounds in 2022, is frightening. The capacity of New Zealanders to transform themselves, from groovy anarchist collective to howling lynch mob, in no more time than it takes to shout “Hold the Line!”, was daunting enough for educated middle-class Pakeha. For those seeking to advance the cause of New Zealand’s indigenous minority, it can only have been profoundly discouraging.

The question they’ll be asking themselves and their fellow reformers is a brutal one: If Maori cast their constitutional pearls before these pig-ignorant Pakeha, would they have even the faintest notion of what Māori were on about? Assuming that, among those pearls, were the concepts roughed-out in the He Puapua Report, and the institutions sketched by the late Moana Jackson in his Matike Mai paper, the answer would be an emphatic “No!” A new constitution, predicated on the twin principles of Decolonisation and Indigenisation, or, as most Pakeha would instantly rephrase the proposition: a constitution based on race; simply will not fly.

That the mainstream news media seem equally uneasy about spelling-out the ramifications of the sort of reforms favoured by Māori intellectuals is strongly suggestive that editors, too, fear the reaction of “Boomer Cracker Settlers”. Though young political journalists will eagerly affirm that Pakeha New Zealand has moved on from the sentiments of Don Brash and the Iwi vs Kiwi election of 2005, their bosses seem remarkably skittish about in putting the younger generation’s confidence to the test.

Considering the huge response non-mainstream media outlets, websites and bloggers almost always receive whenever they publish, broadcast or post on the Treaty of Waitangi, decolonisation and/or indigenisation issues, the reticence of mainstream journalists makes a kind of sense.

If, for example, the big media outlets were opting to present the developing story concerning the Waipareira Trust, Te Pāti Māori, and the alleged use of Te Whatu Ora and Census data in the 2023 General Election, after the fashion of mainstream journalists covering Māori issues twenty years ago, then the public response would likely be crushingly negative. All the more reason to exercise discretion, the journalists of today would argue. If you can’t write something positive about the tangata whenua, then don’t write anything at all.

But this simply will not do. New Zealanders dwindling faith in the mainstream news media will not be restored by such stratagems – especially when so few other New Zealanders are afforded such lavish media protection.

Nor is it possible to bring about significant constitutional change whilst refusing to engage with the overwhelming majority of those who will, ultimately, be required to live with it. And yet, some Māori radicals are already warning that the movement towards an indigenous constitution is being “infiltrated” by “Kūpapa” [Crown supporting] Māori, and celebrating the fact that most of the constitutional discussion is taking place in Te Reo. Such attitudes are certain to prove counter-productive. An already wary Pakeha population will simply become further convinced that Māori are keeping vital information from them.

Certainly, the conduct of the Labour Government between 2020 and 2023 convinced many conservative Pakeha that, in acknowledgement of the fact that consent from the Pakeha majority was unlikely to be forthcoming, significant constitutional change was going to be imposed, piecemeal, from the top down. Lots of little changes, introduced by legislation, would, by 2040 (the bicentenary of Te Tiriti o Waitangi) be adding up to really big change – and all of it secured without having to put a conventional constitutional document to the people for ratification by means of a binding referendum.

That’s not the way to change the minds of your fellow citizens. Māori cannot re-write New Zealand’s constitution by stealth. Change will only happen by Māori being open and honest about what they are hoping to achieve, and by giving Non-Māori plenty of good reasons to help them. In this regard, a Māori Parliament – at least in the guise of a large and representative body dedicated to describing the shape of New Zealand’s future from a Māori perspective – would be a very good idea.

Who knows, after observing the way it contributed to building a more understanding and inclusive society, New Zealanders might even vote to incorporate it into what their children are already calling the bi-cultural constitution of Aotearoa-New Zealand.

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Chris Trotter is New Zealand’s most provocative leftwing political commentator, with 30 years of experience writing professionally about New Zealand politics. He identifies as a “libertarian socialist” and now writes regularly for the Democracy Project, producing his column “From the Left”.

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