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Magna Carta NZ: Power, People, Politics and Progress

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Magna Carta NZ: Power, People, Politics and Progress Magna Carta NZ: Power, People, Politics and Progress An e-book edited by Jennifer Lees-Marshment 12 May 2016, the University of Auckland https://magnacartanz.wordpress.com/ 1 Contents Title Page Section 1 - Celebrating the Past, Reflecting on the Present and Imagining the 4 Future: the importance of marking the 800th anniversary of Magna Carta in New Zealand --- Introduction by Chair of the Magna Carta 800 Committee for New Zealand, Jennifer Lees- 4 Marshment --- Chair Address to the Service of Commemoration open to the public at Holy Trinity 8 Cathedral in Auckland, Sunday 14th June --- Chair Address to the Attorney-General’s Magna Carta Reception at the Grand Hall, 9 Parliament, Monday 15th June --- Chair Address to the Exhibition: The Mana of the Magna Carta: The New Zealand 11 Experience of a Medieval Legacy University of Canterbury, 1 December, 2015 Section 2 - The Timeless Values of Fair Process and Freedom: 12 the international adaptability and importance of Magna Carta --- Introduction 12 --- Speech by HE Jonathan Sinclair, British High Commissioner to New Zealand, Magna Carta 14 Parliamentary Reception, 15 June 2015 --- Transcript of Speech by Hon Judith Collins, The University of Auckland Magna Carta Lecture 16 Series, 6 July 2015 --- Transcript of Speech by Chief Justice Dame Sian Elias, The University of Auckland Magna 19 Carta Lecture Series, 6 July 2015 --- Transcript of Speech by Patrick Reilly, Acting High Commissioner, The University of 23 Auckland Magna Carta Lecture Series, 10 July 2015 Section 3 - The Case for Greater Legal Review of Parliament in New Zealand 26 --- Introduction 26 --- Transcript of Speech by Andrew Little, Leader of the Labour Party, The University of 29 Auckland Magna Carta Lecture Series, 10 July 2015 Section 4 - Advancing Indigenous Rights by Addressing Historical Breaches of 33 the Rule of Law: The rediscovery and reinvigoration of Magna Carta for Māori --- Introduction 33 --- Kaumatua by Tame Te Rangi 35 --- Transcript of Speech by Hon Chris Finlayson, Attorney-General and Minister for Treaty of 36 Waitangi Negotiations, The University of Auckland Magna Carta Lecture Series, 7 July 2015 --- Transcript of Speech by Judge Carrie Wainwright, Kaiwhakawā of the Māori Land Court and 38 Deputy/Acting Chairperson of the Waitangi Tribunal, The University of Auckland Magna Carta Lecture Series, 7 July 2015 --- Transcript of Speech by Lawyer Isaac Hikaka, partner at specialist dispute litigation firm 41 LeeSalmonLong and member of the New Zealand Law Society’s Rule of Law Committee, The University of Auckland Magna Carta Lecture Series, 7 July 2015 2 Section 5 - Managing the Kingless Internet: debating resolutions to the dilemma 44 of security versus privacy in the virtual realm --- Introduction 44 --- Transcript of Speech by Joy Liddicoat, Assistant Privacy Commissioner and Vice President of 47 Internet NZ, The University of Auckland Magna Carta Lecture Series, 8 July 2015 Transcript of Speech by Howard Broad, CNZM, Deputy Chief Executive, Security and --- Intelligence, Department of the Prime Minister and Cabinet, The University of Auckland 50 Magna Carta Lecture Series, 8 July 2015 Transcript of Speech by Martin Cocker, Executive Director, NetSafe, The University of --- Auckland Magna Carta Lecture Series, 8 July 2015 54 Section 6 - Magna Carta goes Global: the humanitarian need for the rule of law 59 to be applied to the rights of 21st century refugees --- Introduction 59 --- Transcript of Speech by Andrew Lockhart National Manager, Refugee and Protection Unit, 62 Immigration NZ, The University of Auckland Magna Carta Lecture Series, 9 July 2015 Transcript of Speech by Michael White, Senior Legal and Policy Analyst, Human Rights --- Commission, The University of Auckland Magna Carta Lecture Series, 9 July 2015 65 Transcript of Speech by Grant Bayldon Executive Director, Amnesty International, The --- University of Auckland Magna Carta Lecture Series, 9 July 2015 68 Section 7 - The Rule of Law for those Outside the Law: Magna Carta for 72 prisoners and the poor --- Introduction 72 --- Transcript of Speech by Johanna McDavitt, a representative from the Auckland branch of 74 JustSpeak, The University of Auckland Magna Carta Lecture Series, 10 July 2015 Section 8 - End Matter 77 --- Further Resources - Magna Carta NZ website; Magna Carta NZ on YouTube 77 --- Magna Carta 800th Committee for New Zealand 81 --- Acknowledgements 84 --- Images from the New Zealand Commemorations 85 3 Section 1 - Celebrating the Past, Reflecting on the Present and Imagining the Future: the importance of marking the 800th anniversary of Magna Carta in New Zealand Introduction by Associate Professor Jennifer Lees-Marshment, Chair of the Magna Carta 800 Committee for New Zealand, The University of Auckland “Those involved in the sealing of Magna Carta 800 years ago would never have imagined that one day, on the other side of the world, it would be referred to in debates on the internet. It is more important to have imagination in law and government than we sometimes realise. By looking back, and seeing how far we have come and changed, we realise that anything in the future is possible, and the more open to this we are, the better.” Associate Professor Jennifer Lees-Marshment, Chair of the Magna Carta 800th Committee for NZ, Magna Carta Parliamentary Reception Speech, 15 June 2015 The 2015 New Zealand celebration of the 800th anniversary of Magna Carta 2015 saw the 800th anniversary of the sealing of Magna Carta: an ancient document widely seen to lay the foundations of the rule of law. In late 2014 I was asked by Sir Robert Worcester, Chairman of the Magna Carta 800th Anniversary Committee in the UK (see http://magnacarta800th.com/), to form and chair a committee to mark this celebration in New Zealand. As Chair of the Magna Carta 800th Committee for New Zealand, my vision was that we use this year to reflect on our past, present and future of law and rights in New Zealand under the theme Celebrating the past; Reflecting on the present; Imagining the future (see https://magnacartanz.wordpress.com/). Three speeches I made during the year elaborate on this vision, and are presented below this introduction. My committee oversaw, facilitated and helped promote a range of Magna Carta related events and activities including 2 parliamentary, 2 educational and 4 arts and culture events. They also included 3 exhibitions, 5 cathedral services, 6 conferences and 10 lectures and talks. A detailed list can be found at https://magnacartanz.wordpress.com/events-in-nz-in-2015/. Magna Carta anniversary events attracted significant media coverage of the anniversary in radio, television, newspaper, website and magazines including mainstream evening news on the main TV channels. The public were also engaged through Facebook and Twitter. Highlights of online engagement include a Facebook reach of up to 10569 people per post, Tweet Impressions totalling 26111, 764 hits on the Committee's YouTube videos and over 14800 views on the Committee's website. The cornerstone of the Committee's activities was the University of Auckland Magna Carta Lecture Series in early July (see https://magnacartanz.wordpress.com/university-of-auckland-lecture- series/), organised by my colleague and Deputy Chair, Dr Stephen Winter. Each of the 5 nights in the series looked at a particular historical, legal, cultural or rights issue in relation to Magna Carta. 16 speakers took part in the series including Chief Justice Dame Sian Elias, Judge Carrie Wainwright, 4 Amnesty International Director Grant Bayldon, Assistant Privacy Commissioner Joy Liddicoat, as well as New Zealand politicians Hon Judith Collins and Labour Party Leader Andrew Little. The Lecture Series attracted 620 people registered for the lecture series, as well as another 50 from a live-stream to the University of Canterbury. 71% of the audience was from outside academia, from areas including community groups, government, law, media, and NGOs. The edited videos of the lectures received over 960 views on MCNZ and the University of Auckland’s YouTube channel by the end of 2015. Clearly, the 800 year old Magna Carta continues to stimulate political and policy development around the world to this day. The principles it symbolises re-emerge in modern debates and this e- book collates and features key speeches made in New Zealand in 2015 on key themes: --- the timeless values of fair process and freedom --- the continued need to check our rulers and the idea of a Constitutional Court of Review in New Zealand --- advancing indigenous rights by addressing historical breaches of the rule of law through tribunals for previous mistreatment of Māori --- the dilemma of online security versus privacy in the virtual realm --- global applications of Magna Carta and the humanitarian need for the rule of law to be applied to the rights of refugees --- extending Magna Carta to those outside the law including prisoners and beneficiaries without --- the financial means to access justice Outline of the book The book is organised into sections focusing on key themes of importance in modern day New Zealand. Each section has an introduction highlighting pertinent excerpts from practitioner speeches made during the 2015 anniversary year, questions for reflection and discussion, followed by the full transcripts of those speeches. Section 2: The Timeless Values of Fair Process and Freedom: the international adaptability and importance of Magna Carta features quotes from HE Jonathan Sinclair, British High Commissioner to
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