Claire Charters calls for constitutional reform in new book

University of Auckland law professor Claire Charters is calling for a fundamental rethink of New Zealand’s constitution, arguing that its weaknesses leave Māori rights vulnerable and have consequences for everyone.

In her new book, Sovereignty: The Case for Constitutional Transformation, the Indigenous law expert examines the foundations of the country’s constitutional system and asks whether it provides adequate protection against the decisions of Parliament.

Her argument centres on the power Parliament holds and the limits on courts’ ability to challenge legislation that breaches rights.

“New Zealand’s constitution doesn’t just fail Māori,” Charters writes. “It fails us all.”

Parliament’s power under scrutiny

New Zealand does not have a single written constitutional document. Its constitutional arrangements draw on legislation, court decisions, historical documents and conventions, following a system inherited from Britain.

Charters argues that a central weakness is that courts cannot strike down Acts of Parliament simply because they breach human rights, Te Tiriti o Waitangi or international protections for Indigenous peoples.

She questions why New Zealand has been reluctant to examine those arrangements, suggesting attachment to existing institutions, the protection of privilege and limited public debate may all play a part.

For Charters, the issue extends beyond constitutional theory. She points to legal disputes and legislative changes that affect people’s ability to seek remedies and protect their rights.

One example is climate activist Mike Smith’s case against major greenhouse gas emitters. In 2024, the Supreme Court allowed his claim to proceed. Parliament subsequently passed legislation in August 2026 preventing findings of liability in tort for climate harm caused by greenhouse gas emissions, covering existing and future proceedings.

The Government has defended that change as providing certainty for businesses and maintaining the climate framework established by Parliament. Charters uses the case to illustrate her concern about Parliament’s ability to restrict access to legal remedies.

She also examines the repeal of section 7AA of the Oranga Tamariki Act, which set out specific duties relating to Māori children, Treaty principles and partnerships with Māori organisations.

The repeal proceeded despite a Waitangi Tribunal recommendation that it be abandoned. The Government argued the change would clarify that children’s safety must come first and said it would not end cultural considerations or partnerships with iwi.

Looking overseas for alternatives

Drawing on international research, Charters challenges the assumption that New Zealand compares favourably with other countries in protecting Indigenous rights.

She gives particular attention to Mexico, where she spent time while writing the book. In her assessment, its constitutional reforms offer significant lessons in recognising Indigenous peoples’ rights and self-determination.

The book also discusses research from Harvard’s Project on Indigenous Governance and Development linking Indigenous self-determination with better economic, social and environmental outcomes.

Charters’ final chapter considers how New Zealand could reshape its constitutional arrangements to better uphold Te Tiriti o Waitangi, strengthen human rights protections and give tikanga Māori a formal place.

She argues that constitutional transformation is achievable and should be approached as an opportunity to build a fairer society.

Sovereignty: The Case for Constitutional Transformation is published by Bridget Williams Books.