Referendum likely before any constitutional reform

The select committee inquiring into constitutional arrangements appears set to recommend that a referendum precede any move towards significant constitutional change.

The committee yesterday released a draft discussion document on its progress, which involved a stocktake on the current arrangements and an analysis of those in other countries.

It also examined the process other countries use to deal with change.

The report, which contains no recommendations, has been published on a dedicated select committee website, a first for a New Zealand Parliament.

The formal period for submissions closed two weeks ago and only 48 were received, of which only 20 are yet on the website.

But the public is being invited to use the site to "comment" on the draft.

It notes that "direct appeals to voters by using referenda are now an established part of the process of constitutional reform" internationally.

In the 17 major democracies of Western Europe, only three make no provision for referendums in their constitution, it adds.

Committee chairman Peter Dunne is overseas, but deputy chairman David Parker, when questioned yesterday, indicated it was likely that the committee would recommend that referendums should precede any major change.

"I can't speak for the committee on that but I'm sure there are a number of individuals on the committee who would be of that view."

Mr Parker said such a recommendation would define what significant change would entail, but said it would clearly include any moves towards a written constitution or a republic.

The report highlights problems experienced overseas with referendums, however, and notes they involve a number of processes over which Governments can exercise their influence.

These include control over the framing and wording of questions, funding, public education and advertising.

In Australia a Government referendum taskforce was mandatory.

Mr Parker said the committee was considering how a referendum might be run, and who would be charged with the job, if required.

He stressed that the committee was not investigating whether constitutional reform was necessary.

The report said there were about 200 national constitutions in place, of which about half have been written or re-written in the past 25 years.

Nearly 60 per cent of United Nations members had made "major" amendments to their constitutions between 1989 and 1999.

"This activity suggests a renewed faith in the political and legal constitution-making process as a structured, stable and peaceful method of arriving at legitimate and consensual political settlements."

The vast majority of countries have codified constitutions, with the exception of only three democratic countries - including New Zealand and Britain.

The report said a political consensus among all major parties appeared necessary before the public could be convinced of the need for reform, as partisan positions generated scepticism about true motives.

THE SYSTEM

The term "constitution" refers to both the institutions, practices and principles that define and structure a political system and the written document that establishes, codifies and articulates such a system.

Every state has a constitution in the first sense and nearly all in the second.

The exceptions are New Zealand, Britain, Bhutan, Oman, Saudi Arabia and Israel.