One Law for All with One Future Together

ACT is releasing a policy that affirms New Zealand’s core democratic values, protects property rights, reins in activist judges, and stops Parliament creating vague Treaty clauses that divide New Zealanders.

“Today’s policy is about ensuring New Zealanders can move forward under one law for all with one future together," says ACT Leader David Seymour.

“New Zealand does not have a single written constitution, but we do have important constitutional documents. Aside from the Treaty, signed in 1840, none explicitly sets out the principles that are key to a prosperous and united country.

“ACT will add three principles to the Constitution Act, affirming the basic values that Parliament is sovereign, the rule of law is fundamental, and all New Zealanders are equal before the law.

“These principles are the foundation of a free society and deserve a clear place in New Zealand law in their own right.

“ACT will also ensure property rights are given equal standing with other rights in New Zealand’s Bill of Rights Act.

“As a country, we are out of step with many comparable jurisdictions that rightly recognise the fundamental right to property. Secure property rights are a key foundation of prosperity.

“What is the point of working hard, saving, investing, and building something if the Government can take it away without proper justification?

“ACT’s policy will ensure the Government faces greater scrutiny when interfering with people’s property, including allowing courts to declare when legislation is inconsistent with that right.

“As with other rights in the Bill of Rights, courts would be required to interpret legislation so that a meaning consistent with the right must be preferred where possible.

“Recent Supreme Court decisions have pushed the line further than Parliament ever legislated. Parliament has pushed back in some instances, such as Smith v Fonterra and the Marine and Coastal Area cases. But others, such as Ellis, where the Supreme Court widely expanded the use of tikanga in the law, have not been responded to.

“Parliament is elected. Judges are not. We cannot allow tikanga to become a separate source of law applying to broad areas of unrelated law without Parliament ever deciding that it should.

“ACT will make clear that tikanga cannot be used to influence court decisions except where Parliament has expressly allowed for it.

“We will also amend the Legislation Act 2019 to ensure statutes mean what Parliament enacted, read in the context of the time they were passed, and so that judge-made presumptions can resolve ambiguity but cannot override clear statutory language.

“We will define the ‘rule of law’ in the Senior Courts Act 2016 to make clear that the law should be certain and Parliament has the final say.

“But Parliament also has a job to do. Courts are often responding to unclear legislation or Parliament’s silence when they make decisions that substantially change how the law is understood.

“ACT will stop governments writing vague Treaty clauses into law that create uncertainty and leave courts and officials to decide what they mean through divisive interpretations.

“Before any Bill containing a reference to the Treaty is drafted, Cabinet will have to explicitly agree what Treaty interests, if any, are engaged, who they apply to, and what specific obligations they create.

“Together, these changes will restore clear lines of democratic accountability. Parliament will make the law, courts will interpret the law Parliament has actually passed, property will receive stronger protection, and every New Zealander will stand equal before the law.

“We won’t unlock New Zealand’s potential while the political and judicial classes experiment on our basic rights.

“Inventing new legal concepts, dividing us according to some people’s version of history, and trampling our property rights might be fun for wig wearers in court and lanyard wearers in the public service, but all it does for the ordinary person is create uncertainty and frustration.

“ACT believes in freedom under the law. Each of us have an equal right to save, invest and produce, without interference by the political and judicial class.

“Every distraction from these activists means that productive people invest less, produce less, get paid less and find the challenges of their lives all the harder.

“If we want to unlock this country’s potential to be affordable, and even prosperous, we must reinforce the underlying protections for people’s right to save, invest, produce, and be treated the same no matter when their ancestors got here.

“One law for all means the same rights, the same duties, and the same protection under the law. That is how we build One Law for All with One Future Together.”