Balance NZ believes that resolving historical Treaty grievances and establishing a clear, inclusive constitutional framework are essential to strengthening national unity, social cohesion, and New Zealand's long-term prosperity.
The Treaty of Waitangi is a foundational agreement between the Crown and Māori and forms an important part of New Zealand's constitutional heritage. Honouring that agreement requires completing outstanding historical settlements fairly, transparently, and in good faith, while providing certainty for future generations through a modern constitutional framework.
For more than three decades, successive governments have negotiated Treaty settlements with iwi. These settlements have acknowledged historical injustices, provided redress, returned significant assets, and established governance arrangements in specific sectors. While substantial progress has been made, a number of historical claims remain unresolved and broader constitutional questions regarding the Treaty continue to generate uncertainty.
Balance NZ believes the time has come to:
• Complete all outstanding Treaty settlements fairly, transparently, and within clear fiscal parameters.
• Establish a written Constitution designed through a democratic process involving all New Zealanders.
• Clearly define the constitutional role of the Treaty of Waitangi in a manner that commands broad public legitimacy.
• Protect the rights and freedoms of every New Zealander while providing certainty, stability, and effective governance for future generations.
This policy provides a balanced and evidence-based approach that honours past agreements, respects the dignity of iwi, involves all New Zealanders in shaping the nation's future, and creates a constitutional framework capable of serving all citizens fairly and effectively.
Balance NZ's approach to Treaty settlement and constitutional reform is founded on five guiding principles that seek to balance historical justice, democratic legitimacy, individual rights, and effective government.
The objectives of this policy are to:
• Honour all Treaty settlements that have been lawfully negotiated and concluded.
• Complete all remaining historical Treaty settlements fairly, consistently, and within realistic timeframes.
• Develop a written Constitution through an open, democratic, and transparent national process.
• Protect the fundamental rights and freedoms of every New Zealander equally under the law.
• Ensure New Zealand's constitutional arrangements promote stable, accountable, and effective government.
Balance NZ recognises that Treaty settlements concluded between the Crown and iwi represent legally binding agreements that resolve historical grievances.
These settlements are the result of extensive negotiation and form an important part of rebuilding trust between the Crown and Māori.
Accordingly, Balance NZ will ensure that all existing Treaty settlements are honoured fully and faithfully.
Balance NZ will:
• Ensure all settlement obligations are implemented in full and within agreed timeframes.
• Protect all settlement assets, rights, and statutory arrangements established through settlement legislation.
• Provide transparent reporting to Parliament and iwi on settlement implementation.
• Establish effective dispute resolution processes where implementation issues arise.
• Hold the Crown accountable for fulfilling every obligation contained within existing settlements.
Completed settlements will not be reopened, renegotiated, or diminished through future legislation.
Balance NZ is committed to completing all outstanding historical Treaty settlements in a manner that is fair, transparent, evidence-based, fiscally responsible, and completed within realistic timeframes.
Outstanding settlements should provide certainty for both iwi and the Crown while bringing the historical settlement process to an appropriate conclusion.
All remaining Treaty settlements will be negotiated according to the following principles.
Balance NZ will ensure that:
• Settlement terms remain consistent with the principles established through previous settlements while recognising the unique historical circumstances of each iwi.
• Settlement outcomes are determined by evidence rather than political pressure or electoral considerations.
• Each claim is assessed on its own merits, recognising documented historical losses and contemporary circumstances.
Balance NZ believes settlement negotiations should be conducted openly and with appropriate public accountability.
Accordingly:
• Negotiation processes will include regular public reporting.
• The Crown's negotiating framework, including financial parameters and available redress options, will be clearly communicated.
• Settlement agreements will not include confidential side arrangements or undisclosed commitments.
• Progress reports will be tabled in Parliament throughout the negotiation process.
Settlement negotiations will be supported by comprehensive historical research and expert assessment.
Settlement packages will:
• Reflect documented historical loss.
• Recognise both financial and non-financial forms of redress.
• Be assessed for consistency with previous settlements while recognising differing historical circumstances.
• Be subject to independent review before final agreement where appropriate.
Balance NZ believes historical settlements must be completed responsibly while protecting New Zealand's long-term fiscal sustainability.
Settlement negotiations will therefore consider:
• The estimated value of outstanding historical claims.
• The Crown's overall fiscal capacity.
• The impact on wider Government expenditure.
• The need to avoid unsustainable borrowing or reductions in essential public services.
Historical Treaty settlements should not remain unresolved indefinitely.
Balance NZ will:
• Complete all outstanding historical Treaty settlements within five years of this policy being adopted.
• Establish realistic milestones for each negotiation.
• Utilise independent dispute resolution where negotiations become stalled.
• Publicly report delays caused by either negotiating party.
This approach provides certainty for iwi, the Crown, and all New Zealanders while bringing the historical settlement process to an orderly conclusion.
4. Fiscal Framework for Settlement Completion
Balance NZ recognises that completing outstanding Treaty settlements requires a transparent and responsible fiscal framework.
The Government will establish a dedicated framework to ensure settlements are completed fairly while maintaining fiscal responsibility.
The fiscal framework will include:
• A maximum overall Crown financial commitment, expressed in 2026 dollars, based on an independent assessment of outstanding historical claims.
• Recognition that total settlement costs include financial redress, asset transfers, governance arrangements, and non-financial forms of settlement.
• Independent review to ensure the fiscal framework remains sufficient to complete all outstanding settlements fairly.
Settlement packages may include:
• Financial compensation.
• Crown asset transfers.
• Governance arrangements where negotiated.
• Formal Crown acknowledgements and apologies.
• Cultural recognition initiatives.
• Hybrid settlement packages reflecting the circumstances and preferences of individual iwi.
Settlement funding will:
• Be funded through general Crown revenue.
• Be supported by a dedicated settlement fund where appropriate.
• Not be funded through reductions in essential public services.
• Not require the sale of strategic national assets.
• Avoid unsustainable Government borrowing.
Outstanding settlements will be implemented progressively over the five-year completion period.
Annual reporting to Parliament will provide transparent updates on:
• Settlement progress.
• Financial expenditure.
• Implementation milestones.
• Any variation from approved fiscal parameters, together with supporting justification.
Balance NZ recognises that disagreements may arise during the negotiation of outstanding Treaty settlements.
Where the Crown and iwi are unable to reach agreement regarding:
• The assessment of historical losses.
• The value or quantum of redress.
• The form of redress.
• Settlement implementation or agreed milestones.
An independent dispute resolution process will be available.
An independent arbitrator, agreed to by both parties or appointed through an agreed statutory process, will:
• Assess the dispute against the settlement principles contained within this policy.
• Consider historical evidence and submissions from both parties.
• Make a binding determination.
• Complete the process within twelve months wherever reasonably practicable.
This process will ensure negotiations remain fair, transparent, and capable of reaching timely resolution.
Balance NZ believes that while historical Treaty settlements address the past, New Zealand must also provide certainty for future generations through a modern constitutional framework.
New Zealand's constitutional arrangements have evolved over many decades through legislation, judicial decisions, constitutional conventions, and international obligations. While this system has generally served the country well, it has also created uncertainty regarding the distribution of governmental powers, constitutional rights, and the place of the Treaty of Waitangi within New Zealand's constitutional framework.
Balance NZ believes New Zealanders should have the opportunity to participate directly in developing a written Constitution that provides certainty, protects fundamental freedoms, and commands broad democratic legitimacy.
Balance NZ supports the development of a written Constitution that:
• Clearly defines the structure and powers of Government.
• Protects the fundamental rights and freedoms of every New Zealander.
• Clearly establishes the constitutional role of the Treaty of Waitangi.
• Provides stable and transparent constitutional arrangements.
• Can be understood by all New Zealanders.
A written Constitution should provide certainty without limiting New Zealand's ability to respond to future challenges through democratic processes.
The Constitution should:
The Constitution will:
• Define the respective roles of Parliament, the Executive, and the Judiciary.
• Establish clear limits on governmental authority.
• Strengthen democratic accountability.
The Constitution will:
• Clearly define the rights and freedoms guaranteed to all New Zealanders.
• Establish mechanisms for protecting those rights.
• Provide guidance where competing rights require balancing.
The Constitution will:
• Clearly establish the constitutional status of the Treaty of Waitangi.
• Define the responsibilities of the Crown.
• Clarify the constitutional relationship between the Crown and iwi.
The Constitution should provide:
• Long-term constitutional certainty.
• Clear processes for constitutional amendment.
• Confidence that constitutional arrangements are stable, transparent, and democratically legitimate.
Balance NZ believes a Constitution should never be drafted behind closed doors.
Instead, it should be developed through an open, evidence-based process that allows every New Zealander the opportunity to contribute.
The constitutional development process will occur over three stages.
Within the first six months, an independent Constitutional Commission will be established.
The Commission will include:
• Constitutional law experts.
• Indigenous governance specialists.
• Community representatives.
• Historical researchers.
• Experts in comparative constitutional law.
The Commission will be responsible for:
• Reviewing New Zealand's current constitutional framework.
• Examining constitutional models from comparable democratic nations.
• Conducting nationwide consultation.
• Preparing draft constitutional proposals.
• Producing explanatory documents outlining:
· The purpose of each proposal.
· Alternative options considered.
· Comparative international evidence.
· Benefits and potential risks.
· Estimated implementation requirements.
The Commission will provide New Zealanders with sufficient information to make informed decisions during the later referendum process.
Following publication of the Commission's draft proposals, New Zealand will undertake a comprehensive programme of public consultation.
Public engagement will include:
• Public meetings throughout New Zealand.
• Online consultation platforms.
• Engagement with iwi.
• Consultation with business and community organisations.
• Academic and legal commentary.
• Public submissions.
Balance NZ believes constitutional reform should be informed by respectful national discussion rather than partisan debate.
Following consultation, the Commission will:
• Consider all public submissions.
• Revise proposals where appropriate.
• Publish a report outlining how public feedback influenced the final draft Constitution.
• Release the final draft Constitution for referendum.
Balance NZ proposes that constitutional questions be decided through a series of separate national referenda rather than one comprehensive constitutional vote.
This approach allows New Zealanders to consider each constitutional issue independently.
The referendum programme will occur during Months 13–18.
The results of each referendum will be binding on Parliament.
New Zealanders will vote on:
Options:
• New Zealand
• Aotearoa
• Aotearoa New Zealand
Options will include:
• The current New Zealand flag.
• A Silver Fern design.
• Other designs developed during public consultation.
New Zealanders will vote separately on:
Options include:
• Parliamentary system (current model).
• Presidential system.
• Mixed parliamentary-presidential system.
Options include:
• Recognition as a historical document.
• Constitutional recognition with defined legal responsibilities.
• Constitutional partnership incorporating agreed co-governance arrangements.
Where co-governance is approved through referendum, voters will also determine the areas of Government in which those arrangements apply.
These may include:
• Fisheries.
• Environmental management.
• Health.
• Education.
• Cultural heritage.
• Other areas identified during consultation.
The final referendum will ask New Zealanders whether they support adopting the proposed constitutional rights and freedoms contained within the draft Constitution.
The referendum process will ensure that each constitutional question receives appropriate public consideration while providing Parliament with a clear democratic mandate.
Balance NZ believes a written Constitution must clearly protect the rights and freedoms of every New Zealander while ensuring those rights are applied equally under the law.
The Constitution will establish a framework of fundamental rights that protects individuals, communities, and future generations while providing clear guidance for Parliament and the Courts.
The Constitution shall protect the following civil and political rights:
• Freedom of expression and speech, subject only to reasonable limits prescribed by law.
• Freedom of religion, conscience, and belief.
• Freedom of peaceful protest and assembly.
• Freedom of association.
• Freedom of movement within and outside New Zealand.
• The right of every eligible citizen to participate equally in democratic elections.
These rights form the foundation of a free and democratic society.
Every person shall be entitled to equal protection under the law.
The Constitution shall protect:
• The right to a fair and public hearing before an independent Court.
• The presumption of innocence.
• The right to legal advice and legal representation.
• Protection against arbitrary detention or imprisonment.
• Protection from torture, cruel, inhuman, or degrading treatment.
• The right to privacy in personal life, family, home, and communications.
• The rights of victims of crime to be informed, heard, and supported throughout legal proceedings.
These protections ensure confidence in New Zealand's justice system and safeguard the rule of law.
Balance NZ believes every New Zealander should enjoy the opportunity to participate fully in society.
The Constitution shall recognise:
• The right to education.
• The right to access healthcare.
• The right to seek employment under fair working conditions.
• The right to an adequate standard of living, including access to food, clothing, and shelter.
• The right to own property, subject to lawful limitations for legitimate public purposes.
New Zealand's Constitution should recognise and protect the cultural diversity that contributes to our national identity.
The Constitution shall protect:
• The right to maintain and develop cultural identity.
• The right to learn, speak, and use te reo Māori.
• Recognition of iwi and hapū as communities with their own governance structures and decision-making authority.
• The right to a healthy environment and recognition of responsibilities to future generations.
Balance NZ recognises that no individual right exists in complete isolation.
The Constitution must provide a fair and transparent process for balancing competing rights while protecting the public interest.
Any limitation on constitutional rights shall:
• Be authorised by law.
• Be necessary to protect a legitimate public interest.
• Be proportionate to the objective being pursued.
• Be capable of independent judicial review.
• Be justified openly before the Courts.
This framework ensures that restrictions on individual freedoms remain exceptional, transparent, and accountable.
Where constitutional rights conflict, the Courts shall consider:
• The importance of each right.
• The nature of the conflict.
• Whether less restrictive alternatives exist.
• The impact on vulnerable individuals or communities.
• Democratic values and the broader public interest.
Balance NZ believes constitutional protections must apply equally to every New Zealander.
Accordingly:
• Minority groups shall continue to receive equal protection under the Constitution.
• Fundamental rights shall not be removed solely because they are unpopular.
• Courts shall retain authority to protect individuals and minority communities from unlawful discrimination.
Balance NZ believes New Zealand's constitutional arrangements should promote democratic accountability, effective government, and an independent judiciary.
Balance NZ supports retaining New Zealand's parliamentary system of government unless New Zealanders determine otherwise through the constitutional referendum process.
The Constitution will provide that:
• Parliament remains New Zealand's primary law-making authority.
• Members of Parliament continue to be democratically elected.
• Parliament remains accountable to voters through regular elections.
• Constitutional matters are determined according to the constitutional framework adopted by referendum.
The Executive Government shall remain accountable to Parliament.
This includes:
• Ministers remaining accountable to Parliament.
• Government expenditure requiring Parliamentary approval.
• Executive decisions remaining subject to judicial review where inconsistent with the Constitution or the law.
Balance NZ believes judicial independence is essential to maintaining public confidence in the rule of law.
Accordingly:
• Judges shall continue to be appointed through fair and merit-based processes.
• Judicial independence shall be protected.
• Judges may only be removed in accordance with constitutional safeguards.
• Courts shall retain authority to interpret the Constitution and determine whether legislation complies with constitutional requirements.
This ensures appropriate separation of powers between Parliament, the Executive, and the Judiciary.
Balance NZ believes that the constitutional role of the Treaty of Waitangi should be determined transparently through the constitutional process and with the direct participation of all New Zealanders.
Where constitutional recognition of the Treaty is approved through referendum, the Constitution shall clearly define the obligations of the Crown and the constitutional relationship between the Crown and iwi.
Where adopted through the constitutional process, the Constitution shall recognise the Treaty of Waitangi as a foundational agreement between the Crown and Māori and provide for the following principles:
• Partnership between the Crown and iwi.
• Consultation on matters affecting iwi interests.
• Good faith in all dealings between the Crown and iwi.
• Fair redress for historical grievances through agreed settlement processes.
These principles will provide constitutional certainty while respecting both historical agreements and democratic legitimacy.
Where approved by referendum, co-governance arrangements may be established in agreed areas of public administration.
These areas may include:
• Fisheries and marine resource management.
• Environmental protection and conservation.
• Health policy and Māori health services.
• Education policy and Māori-medium education.
• Cultural heritage and protection of taonga.
The specific governance model adopted within each area will reflect the outcome of the constitutional consultation and referendum process.
Where co-governance bodies are established, iwi representation may occur through:
• Regional iwi councils.
• Iwi Leaders Group representatives.
• Direct iwi appointments.
• Other representative models developed through negotiation.
Representation frameworks should ensure all affected iwi have the opportunity to participate while remaining accountable to those they represent.
All co-governance bodies shall operate according to recognised principles of public accountability.
This includes accountability to:
• The communities they represent.
• Principles of transparency and fairness.
• Parliament where public funding or statutory authority is involved.
• The Courts where constitutional or legal questions arise.
Balance NZ believes constitutional recognition of iwi participation should not diminish the democratic rights of other New Zealanders.
Accordingly:
• Public consultation processes shall remain open to all citizens.
• Every New Zealander shall retain the right to participate in democratic decision-making.
• Decisions shall remain subject to judicial review where provided by law.
• Parliamentary representation shall remain available to every citizen equally.
Where co-governance arrangements exist they should encourage cooperation while ensuring timely and effective government.
Decision-making processes should include:
• Consensus wherever reasonably possible.
• Mediation where agreement cannot be reached.
• Binding arbitration where necessary.
• Ministerial or judicial review where constitutional questions arise.
Clear decision-making timeframes will be established to avoid unnecessary delays or governance paralysis.
Balance NZ believes a written Constitution should provide certainty while remaining capable of adapting to future generations.
The Constitution shall become the supreme law of New Zealand.
Accordingly:
• Legislation inconsistent with the Constitution shall be invalid to the extent of the inconsistency.
• Government agencies shall comply with constitutional requirements.
• Courts shall have authority to interpret the Constitution and determine constitutional validity.
Balance NZ recognises that exceptional national emergencies may require Parliament to respond quickly.
Accordingly, Parliament may temporarily legislate contrary to specified constitutional rights where:
• At least 66 percent of Members of Parliament approve the legislation.
• The legislation clearly identifies the constitutional provisions affected.
• The limitation is necessary to respond to a genuine national emergency.
• The legislation automatically expires after two years unless renewed.
• The legislation remains subject to judicial review.
This provision preserves New Zealand's ability to respond effectively during extraordinary circumstances while maintaining constitutional safeguards.
The Constitution should balance stability with democratic flexibility.
Ordinary constitutional provisions may be amended through the process established by the Constitution.
Entrenched constitutional provisions shall require higher thresholds of parliamentary approval and, where specified, approval by referendum before taking effect.
This approach protects New Zealand's constitutional foundations while allowing future generations to make democratic constitutional changes when necessary.
This policy will:
• Complete all outstanding historical Treaty settlements within a transparent and fiscally responsible framework.
• Honour all existing Treaty settlements and uphold the Crown's legal obligations.
• Provide constitutional certainty for future generations.
• Protect the rights and freedoms of every New Zealander.
• Establish a clear constitutional framework that strengthens democratic accountability.
• Improve public understanding of New Zealand's constitutional arrangements.
• Encourage national unity through an open and inclusive constitutional process.
• Promote long-term political stability and confidence in public institutions.
Balance NZ believes New Zealand can acknowledge its past while confidently building a shared future.
Honouring Treaty settlements, protecting constitutional rights, and establishing a written Constitution through an open democratic process will provide greater certainty, stronger institutions, and increased public confidence in government.
By completing outstanding historical settlements fairly, respecting existing agreements, and allowing all New Zealanders to participate in shaping the nation's constitutional future, Balance NZ seeks to strengthen national unity while preserving the democratic values upon which New Zealand is built.
Our vision is for a confident, united New Zealand where historical grievances are resolved with integrity, constitutional arrangements are clear and enduring, and every New Zealander has confidence in the institutions that govern our nation.
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