Finding a clear path to the future

United Future Leader Peter Dunne - who chairs the constitutional arrangements select committee's stocktake at the Prime Minister's request - has big ambitions.

The MP wants the mechanical phase over quickly so New Zealand can get down to the next challenge - if the Government chooses: Examine where New Zealand should go next.

If Dunne has his way a New Zealand republic is the end-point. It is not on the terms of reference for his stocktake but is bound to come up in discussions with the Treaty of Waitangi and respective roles of Parliament and the judiciary.

A blurb for a roadshow Dunne is fronting at law firm Bell Gully's office next week asks: "Are we watching the first act in a process that will replace the Queen with a president, produce a written constitution over which judges will rule and embed "rights" already given added weight in law by the courts in a new constitution?"

In fact the Treaty of Waitangi and New Zealand's Bill of Rights have already acquired quasi-constitutional status through the courts - as the invitation makes clear. But the debate promises to be rich.

Sharing the platform with Dunne will be Victoria University dean of law Matthew Palmer and Maori Land Court Chief Judge Joe Williams. Palmer argued in this series on Monday that an unwritten constitution is just as strong and better suited to New Zealand's constitutional culture and more flexible.

Williams has raised the Government's ire by allowing an application from an Eastern Bay of Plenty tribe on foreshore and seabed issues to get past the first hurdle.

Dunne makes clear his constitutional stocktake is not an exercise for pointy-headed academics. "The constitution is the property of all New Zealanders and it reflects the country's national identity. It is about public power and the way that New Zealanders want that power regulated."

He acknowledged to the Herald that his committee has very limited terms of reference: Perform a stocktake of existing constitutional arrangements, review what other countries have done in reviewing their constitutions and recommend a process for New Zealand if it chooses to do likewise.

The timetable is pressured. Submissions close mid-month and, while there is no time to hold hearings, they will be posted on a parliamentary website. A report must be finalised before this Parliament rises for the election.

"We will be recommending to the incoming Government a way forward - if it chooses to pursue the issue."

Dunne says he also plans to hold a forum with key constitutional players to tease out their thoughts.

"Given this is a very preliminary step, the key issue is to get in one place all of the elements of the New Zealand constitution, codify it and say these are all of the bits of our history and legislative practice that contribute to the NZ constitution - that's a very important starting point for a much wider debate."

Other inquiry members include: Lianne Dalziel, Russell Fairbrother, David Parker and Mita Ririnui (all Labour), Stephen Franks (Act) and Nandor Tanczos (Greens).

National and New Zealand First blackballed the committee.

"I think National is adopting a wait-and-see position - and I can understand why." Dunne says Act was initially hesitant. But Franks has proved a strong player. "He was probably the most sceptical initially, but he's working very constructively in the committee - so far, so good."