Legal Beagle by Graeme Edgeler

Read Post

Legal Beagle: Bad Law

39 Responses

First ←Older Page 1 2 Newer→ Last

  • Rich of Observationz,

    The term "Crown" is just shorthand for "government of New Zealand". The Treaty wasn't even between monarch and Maori when it was signed (Britain was a constitutional monarchy in 1840 - the monarch had lost the right to choose the government a few years earlier). NZ was never a personal colony of the monarch (like the Belgian Congo) - fortunately, I think.

    However, using it enables us to delude ourselves that we are somehow governed by an elaborately dressed woman in a castle in England, and not by politicians that we elect. It's a form of cop out.

    Back in Wellington • Since Nov 2006 • 5550 posts Report Reply

  • Kyle Matthews,

    Somewhat hilariously, given Green Party views on the conduct of referendums made known in the House just the following day, the bill imposed absolutely no restrictions and no transparency on the conduct of the republican referendum.

    It would seem to make sense if there was a 'conduct of referenda' Act which provided a central reference point for any time someone wanted to put up a bill which included referenda. You could then reference it, and presumably a well written electoral finance act, rather than have to make it up each time (or not , as Keith Locke seems to have done).

    Since Nov 2006 • 6243 posts Report Reply

  • dc_red,

    a hereditary monarch, who passes on their status to their eldest son (who must be a Protestant and not marry a Catholic)

    Curious how the law of succession is entirely inconsistent with all domestic law on, y'know, human rights and stuff.

    Given that Labour and National are both leery of being seen as republican and would inevitably vote against any bill

    Sad, but entirely true. Much the same on the flag issue. Would just be too much for talkback radio land, I guess. So we're stuck indefinitely with Her Royal Brittanic Majesty, her poxy offspring, and the defaced blue ensign. None of which relate in any meaningful way to New Zealand.

    Oil Patch, Alberta • Since Nov 2006 • 706 posts Report Reply

  • Graeme Edgeler,

    It would seem to make sense if there was a 'conduct of referenda' Act which provided a central reference point for any time someone wanted to put up a bill which included referenda.

    Absolutely. It's my intention to suggest this in my select committee submission on both the MMP referedum bill, and the upcoming electoral finance reform legislation.

    We have the Referenda (Postal Voting) Act (based on the one-off used for the binding superannuation referendum in 1997) which says how to conduct postal votes. it shouldn't be too difficult to create a generic referendum/referendum advertising law based on the upcoming MMP rules.

    Wellington, New Zealand • Since Nov 2006 • 3202 posts Report Reply

  • FletcherB,

    That's not how Keith Locke wanted to do it. The (New Zealand) Crown's obligations under the Treaty of Waitangi wouldn't transfer to the Government of the Republic of New Zealand, or to the Head of State, they'd stay with the Crown, exactly as they are now:

    That's not a flaw.... it's a genius solution.

    Hey, Mrs Queen... we're taking over, we're gonna run ourselves now, thanks.... Oh, except for this huge problem bit... you can keep that responsibility, cheers, and good luck sorting it out.

    :)

    West Auckland • Since Nov 2006 • 887 posts Report Reply

  • Jeremy Andrew,

    It would seem to make sense if there was a 'conduct of referenda' Act which provided a central reference point for any time someone wanted to put up a bill which included referenda. You could then reference it, and presumably a well written electoral finance act, rather than have to make it up each time (or not , as Keith Locke seems to have done).

    Object-Oriented Legislation?

    Hamiltron - City of the F… • Since Nov 2006 • 900 posts Report Reply

  • Kyle Matthews,

    Object-Oriented Legislation?

    I'm trying to keep that whole "computer science degree has real world uses" thing on the down low.

    Since Nov 2006 • 6243 posts Report Reply

  • Sacha,

    Would just be too much for talkback radio land, I guess. So we're stuck indefinitely

    Sadly, a lot of folk dying of old age may be the answer

    Ak • Since May 2008 • 19697 posts Report Reply

  • Ben Austin,

    Perhaps someone should convince a masters or honours student at Vic who is enrolled in the Legislative Drafting paper (assuming they still have it) to have a whack at drafting something for the research paper requirement

    London • Since Nov 2006 • 1021 posts Report Reply

  • Graeme Edgeler,

    Perhaps someone should convince a masters or honours student at Vic ... to have a whack at drafting something for the research paper requirement

    Now that's just mean. Did you miss the bit where I predicted it would be over 240 pages long?

    Wellington, New Zealand • Since Nov 2006 • 3202 posts Report Reply

  • Islander,

    Graeme Edgler - thank you. The explication of why informed parlimentarians voted Keith Lock's proposed bill down is excitingly informative.

    I am, very much, in favour of ANZ becoming a republic - rather than an ersatz pseudo-monarchy (propped up by John Key's re-installation of weird old knightly/damely titles) but it does need to happen under our already established law.

    And that complexity you have delineated -in a brief form- needs to be dealt with & through-out the land.

    Lewis Holden - you are doing a grand job.

    For once (because I am a life-member & patron of the NZ Republican Movement) I sign myself with my proper name- Keri Hulme

    Big O, Mahitahi, Te Wahi … • Since Feb 2007 • 5643 posts Report Reply

  • Ben Austin,

    Graeme, I never said it would be easy, but perhaps we can perhaps find say a PHD student.

    I wonder if anyone has actually put some thought to how this would work out, on an official level. Or is this too pie in the sky for the Parliamentary Counsel or MOJ?

    London • Since Nov 2006 • 1021 posts Report Reply

  • Rich of Observationz,

    where I predicted it would be over 240 pages long?

    The Irish got rid of the Windsors in 64 pages of biggish print. The Yanks ditched the Hanovers in rather less.

    Back in Wellington • Since Nov 2006 • 5550 posts Report Reply

  • Graeme Edgeler,

    The Irish got rid of the Windsors in 64 pages of biggish print.

    And the law creating a public holiday for the King's Birthday is still on the books?

    The idea that enacting the constitution is all they did, is, I suspect, misplaced.

    It only took New Zealand 30 pages to create a system of civil unions. It took 240 pages to give those full legal meaning.

    Wellington, New Zealand • Since Nov 2006 • 3202 posts Report Reply

First ←Older Page 1 2 Newer→ Last

Post your response…

Please sign in using your Public Address credentials…

Login

You may also create an account or retrieve your password.