justiciable rights.7 Human rights are universal and indivisible. Many civil and political rights cannot be realised in the absence of social, economic and cultural rights. The Relationship and Confidence and Supply Agreement between the National Party and the Māori Party (16 November 2008) agreed to establish a group to consider constitutional issues, including Māori representation. In 2012 a Constitutional Advisory Panel (Panel) was appointed to “listen, facilitate and record New Zealanders’ vies on constitutional issues.”8 On 31 July 2013 the Commission made a submission to the Panel. In its submission the Commission recommended inter alia: • • • • • • • incorporation of all civil and political rights in to the BoRA; explicit statutory recognition of economic, social and cultural rights, including the availability of judicial remedies and alternative dispute resolution; adding an equality provision to BoRA; specific legislative protection of property rights; stronger protections to ensure better human rights compliance via a range of mechanisms; entrenchment of the BoRA; and enhancing political participation via a range of specified mechanisms.9 The Panel has now reported back to Government and has made a series of strong recommendations to improve New Zealand’s constitutional arrangements. In particular the Panel has recommended that the Government: • sets up a process, with public consultation and participation, to explore in more detail the options for amending the Act to improve its effectiveness such as: o adding economic, social and cultural rights, property rights and environmental rights; o improving compliance by the Executive and Parliament with the standards in the Act; o giving the Judiciary powers to assess legislation for consistency with the Act; and o entrenching all or part of the Act. Place of the Treaty of Waitangi in New Zealand’s Constitutional Arrangements The Treaty of Waitangi (1840) is New Zealand’s founding document and has major significance for human rights and harmonious race relations in New Zealand. The four articles of the Treaty reflect fundamental human rights principles.10 The place of the Treaty of Waitangi in New Zealand’s constitutional arrangements was considered through the Constitutional Review process. The Panel recommended the Government: • continue to affirm the importance of the Treaty as a foundational document; 7 In the absence of a comprehensive constitutional document or entrenched legal provisions, economic, social and cultural rights are mainly provided for through policy and practice. 8 http://www.cap.govt.nz/Our-Role 9 A copy of the Commission’s submission to the Constitutional Review is available here: http://www.hrc.co.nz/2013/commissions-review-of-new-zealands-constitutional-arrangements-to-theconstitutional-advisory-panel-released 10 Article 1 reflects the right to self-determination for incoming settlers, democratic rights such as citizenship rights and legal rights protected by the rule of law. Article 2 reflects the right to self-determination for tangata whenua, indigenous rights and property rights. Article 3 reflects the rights to equality and non-discrimination in the realisation of civil, political, economic and social rights. Article 4 reflects the right to freedom of religion and beliefs. Page 3 of 35