Guest Post: Why we need constitutional reform to protect us from Government

A guest post from Matt King:

Three years on from Covid, this election is a time for us to make choices about what we stand for, and what we want to protect. 

In the name of Covid – we saw the most radical limitations on Kiwis’ rights we have seen in recent memory. Kiwis were required to stay home, shut up their businesses, funerals, weddings and gatherings were curtailed, and some workers were mandated to have vaccinations. 

Hundreds of thousands of businesses laid off staff, and many closed down as a result of Covid restrictions. 

International travel effectively stopped. Kiwis who were overseas were trapped by border closures, while those at home were unable to visit sick or dying relatives abroad. When borders did reopen, getting back into New Zealand became literally a lottery system. 

To enter community centres, pools, libraries, cafes, restaurants, and many other venues you needed to show a vaccination pass. Children from 12 upwards were also affected by the same rules, and some missed out on the opportunity to play sport, visit the library, and enjoy normal activities with their friends. 

Some Kiwis supported these measures – while others didn’t. But wherever you stand on these issues – it’s well time that we reflected back on what happened. Was it right? Was it fair? And if it happens again can we do things in a better way, with less economic and social carnage? Because, as they say, those who don’t learn from history are doomed to repeat it. 

New Zealand is fairly unique as our Bill of Rights Act explicitly says that Kiwis should have the right to make their own medical decisions, and to refuse medical treatment. And yet, this didn’t work well in retrospect – as this clause was over ridden by the Government, and in some cases by our courts. 

Some Kiwis may be comfortable with this right being overridden. Personally, I am not. The right to make choices about what goes into your body is a fundamental freedom. I also feel strongly that people should be able to make a living by operating their businesses, and we should not have the right to do something as basic as visiting family and friends limited.

Other countries made different choices about how they responded to Covid, without mass loss of life and with less impact on individual freedoms. For example, the focus in Sweden was on protecting those most at risk from Covid – the elderly. The rest of their population went about their lives pretty much as normal.

During Covid, we saw laws like the introduction of vaccine passes rushed through under urgency, which meant there was no public consultation on these changes. 

I believe the community needs to have a say in how much restriction and control the Government can exercise over our freedoms in the future. 

I also believe we need to consult on, and strengthen, the protections in our Bill of Rights Act. In the US, their constitution means that citizens know exactly what their rights are. They can, and do, often take the Government to court when it breaches their rights. In this way, citizens help keep their Government in check. 

Here, after Covid, our rights seem pretty murky. It’s not clear when the Government decides to limit your right to freedom of speech or movement, if this will be ruled legal or not by our courts. 

Personally, I’m deeply concerned by the Government’s attempts to impose new hate speech legislation, and its recent talk of introducing a new internet regulator. 

I’m sure I’m not the only Kiwi whose blood runs cold at this thought of these changes. Who decides what is acceptable and what’s not? Whose voices will be allowed to be heard, and whose could be silenced?

DemocracyNZ, the party I head wants to reform constitutional law, so that the rights set out in the Bill of Rights Act – your basic rights to freedom of speech, movement, and medical autonomy – are better protected. 

We want every Kiwi to be certain about what their rights are, and we also need future Governments to have a clear line in the sand about what they can and can’t do. We also want to invite ordinary Kiwis to be part of this process of reforming our legislation so our rights are better protected. It’s time for the Government to listen to it’s people, and respect our wishes. If they can’t do that, I question if New Zealand can really call itself a democracy. 

Matt King is the party leader of DemocracyNZ and is contesting the Northland seat this election. He is also a farmer, and a former police officer. 

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