Select committee review will cover treaty's role in constitution

The role of the Treaty of Waitangi in New Zealand's constitutional arrangements will form part of a parliamentary review, says Deputy Prime Minister Michael Cullen.

But he queried the concept of the treaty as a founding document.

And Act MP Stephen Franks said he hoped the committee would kill the concept of the treaty as a so-called living document.

Dr Cullen questioned in Parliament last night the certainty of those who considered the treaty "the founding document" of the constitution, but said it was certainly "a constitutional document of some sort".

"It ... would have seemed a totally bizarre notion to most people in the 19th century that it was the founding document of the New Zealand constitution.

"But what that means and how that relates to other things, of course, is open to a huge variety of debate and part of the select committee process will enable that debate to occur within an open and democratic process."

Dr Cullen was speaking during the debate to set up a special committee, chaired by United Future leader Peter Dunne, to review New Zealand's constitutional arrangements.

When the announcement of the review was made by Prime Minister Helen Clark at the Labour Party conference last month, exploration of treaty issues was downplayed.

Mr Franks, who will sit on the committee, said he hoped Dr Cullen now agreed with him that the notion of the treaty as a living document was nonsense.

Mr Dunne did not think the treaty was important enough in the constitutional arrangements to have warranted a special mention in its terms of reference.

His own views were well known - he favours a written constitution - but he promised to chair the committee "impartially".

Dr Cullen described himself as a monarchist but echoed the views of Helen Clark, saying he thought New Zealand's status as a constitutional monarchy might be reviewed when the Queen's reign ended.

Mr Dunne, describing himself as a conservative republican, was at pains to downplay the expectation that the review could result in New Zealand becoming a republic - and then only by referendum.

"This is a very cautious first step."

The committee would report to Parliament, the Government would consider it and if it accepted any recommendations, it would then establish something akin to a commission of inquiry with specific terms of reference.