Motions — Magna Carta—800th Anniversary

I seek leave to move a motion without notice to mark the 800th anniversary of the Magna Carta.

💬 Mr SPEAKER: Can I just clarify with the member that this is a debatable motion that the member is proposing?

Yes.

💬 Mr SPEAKER: I will put the leave. Is there any objection to that course of action being followed? There is none.

I move, That this House note the 800th anniversary of the Magna Carta, a document which Lord Denning described as “the greatest constitutional document of all times—the foundation of the freedom of the individual against the arbitrary authority of the despot”, and which established the notion that the law is not simply the whim of the King or of Government, and that all are equal under the law and can be held to account; and thus that the Magna Carta represents the foundation of the rights and freedoms which we enjoy today. This month we celebrate the 800th anniversary of the Magna Carta. It is a document that reminds us of the long and rich tradition of individual freedoms and legal rights that we enjoy. That tradition stretches back to the 13th century in Britain, not just back to 1840. Indeed, the Magna Carta itself was indebted to the earlier coronation charter of Henry I in 1100, a charter that was then ignored for a century.

The Magna Carta itself was initially ignored and belittled. It was even annulled by Pope Innocent III—

💬 Hon Member: Read it out.

💬 Hon Member: A bit like your coalition agreement.

—I can make it longer—but with much struggle it eventually achieved traction and acquired a heritage and symbolic force. Magna Carta, which in Latin means “great charter”, paved the road to modern democracy. It can be thought of as representing the seed from which have grown many of the principles on which our democracy is based. Meeting in June 1215, feudal barons gathered outside London to define the limit of the powers of King John, forcing him to affix his seal to the charter. This charter was narrow in scope. It concerned the medieval relationship between the monarch and the barons, rather than the rights of ordinary people at that time. But over time that principle was extended. It planted the seed of an idea that was extended and then generalised. Ultimately, and with great struggle, because rulers do not easily give up their powers, it granted every citizen individual freedoms, laying the foundation for constitutional rights and for this House and our Parliament.

The United States Constitution and United States Bill of Rights were both based upon principles laid out in the charter. It was used by Thomas Jefferson when he established the Declaration of Independence. The violations of English common law in the American colonies by King George were what provided Jefferson with ample argument in writing his Declaration of Independence from that monarchy. The Fifth Amendment of the United States Constitution, saying that no citizen may be deprived of life, liberty, and the pursuit of happiness, echoes the centuries-old Magna Carta resolutions.

The charter was the first document declaring that the king or queen had to abide by the laws of the land, and in the modern context it requires that our rulers—temporary as they may be—must operate within those laws of the land. Thus, Magna Carta has come to symbolise the principle that everybody is subject to the law and that nobody, not even a king or queen, is above it. It is a symbol of liberty. At the time of the 800th anniversary of the signing of Magna Carta it is therefore fitting that this Parliament mark this anniversary, remember our political past, and work to build on those liberties so painfully acquired over the eight centuries since the signing of Magna Carta. Thank you.

I have drawn the short straw to respond. Yesterday was the 800th anniversary of the sealing of Magna Carta. I say, for Mr Robertson’s benefit, that it was sealed, not signed. We had a function in the Grand Hall attended by you, Mr Speaker, and the Leader of the Opposition, Mr Parker, Dr Graham, and several other members of Parliament.

In my speech I mentioned the comments of UK Supreme Court judge Lord Sumption, who began his recent address to the Friends of the British Library by saying “It is impossible to say anything new about Magna Carta, unless you say something mad. In fact, even if you say something mad, the likelihood is that it will have been said before, probably quite recently.”, so I look forward to Mr Peters’ contribution. His comments reflect two opposing points: first, that the role of Magna Carta is frequently misunderstood, and, second, that its role is of such importance that few documents have been more influential to countries like our own. What we can say for certain is that Magna Carta has come to symbolise the enduring values and principles that guide our society today—values such as freedom of religion, the right to justice, and human rights. Only one section remains in force today. Much of the original text dealt with grievances specific to that time, and almost all of the 63 clauses have been repealed. Nearly a third were deleted or amended only 10 years after it was first sealed.

But the sole section that remains in force is one of the most important: “No Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.” This section is powerful in its symbolism of the rule of law, and that is Magna Carta’s most vital role today. It may not have been the original source of the principle, but it certainly today embodies the idea that everyone is equal and accountable to the same standard under the same law. We should be very proud that our country is built on the foundations of this tradition.

I add to the acclamation that has been given to the “great charter”, which is the translation of the words “Magna Carta”—it means the great charter. I do think the words that the Attorney-General just read out, which is the only paragraph that remains in our law, put into the Imperial Laws Application Act 1988, means that this clause does remain in place. The effect of this is that all men and women remain equal before the law and due process shall apply. I think the words are worthy of reading again. I know the Attorney-General has just read them out, but they say: “No Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.”

Even those words have been largely modified by the particular statutes that we have in New Zealand that guarantee justice to people. I think, really, that what we are left with is what another great Australian jurist Dennis Denuto said to the High Court of Australia. He said: “It’s in the vibe of the thing.” And it really is. It really is. It is an important and enduring vibe of the thing, and indeed I can remember in this House the Magna Carta being referred to in respect of the claims of injustice caused by the foreshore and seabed legislation’s first iteration. So it is a document that has an enduring legal and political legacy, and it seems to me that it stands alongside the Treaty of Waitangi in New Zealand in that although not all parts of it are directly in our law—and it is the same with the Treaty of Waitangi; it is not part of our statute law—it does have an enduring political and legal influence upon our country, and, in both the case of the Magna Carta and the Treaty of Waitangi, that is a good thing.

I end by saying that I think that through the traditions that we have in democratic countries that have justice systems that are based upon the principles that were expressed in the likes of the Magna Carta and the 1688 Bill of Rights, we manage to have enduring, fair societies that are wealthier, that look after the rights of minorities, and that, as a consequence, are more peaceful and happy places to live. I am happy to be part of the celebration of the 800th year of the sealing of the Magna Carta.

The Green Party supports the recognition of the 800th anniversary of the sealing of the Magna Carta in that meadow, the Runnymede, beside the Thames River, but we recognise Te Tiriti o Waitangi as our most important constitutional document. Nevertheless, the Magna Carta has been an important foundation stone of our democracy, because it essentially did three things: it established that no one was above the law, not even the king; it established that there was a right to a free trial; and it established that no one should be imprisoned arbitrarily by the State. It also established that people who are taxed should have some kind of representation.

We honour the Magna Carta, but we do not always recognise its practical implementation under this Government. We have, in Environment Canterbury, Cantabrians having been taxed and rated for the last 5 years, but having had no elected representation around the council table to determine how $80 million in rates, which are collected annually, should be spent. So we honour the Magna Carta, but the Government needs to actually recognise it. With its proposals to gut the Resource Management Act, we think that some of the principles that are there in the Magna Carta should be expanded: that the rights to nature now need more explicit recognition in our law, not weakening as this Government is proposing to do.

The Rt Hon Winston Peters.

💬 Hon Gerry Brownlee: An eyewitness.

There is nothing like envy. Of course, today some would say that we have some people in this House—one with the name of John, the other with the name of Chris—who assume kingly powers. It is also without a hint of irony that the motion is in the name of one David Seymour, an earnest young fellow who lavishes praise on a document that is the oldest legislation on our statute book. Magna Carta has inspired people from those who fought in the English Civil War to the suffragettes, yet he has his seat due to political largesse and a constitutional rort. And, for my friend Mr Finlayson’s benefit, let us remind the House and the public of this country that it is his and the National Party’s Judicature Modernisation Bill currently before the House that deletes the declaration as to parliamentary sovereignty and the rule of law, which is in the Supreme Court Act 2003—just to put things in legal perspective for the doyen of the legal fraternity in this House and apparently around the whole Commonwealth.

Now, although it is a document signed in medieval England between the barons and the king, it is no exaggeration to suggest that Magna Carta forms the foundation stone of the freedoms and liberties we now enjoy in New Zealand. It is one of the most important documents in history, as it establishes the principles, as others said, that no one is above the rule of law—even, might I add across the House, the rulers. The charter gave individuals the right to justice and the right to a fair trial. The ideas rooted in Magna Carta have formed the basis of freedoms and liberties we now enjoy in our modern democracy.

Now, New Zealand First is a political party, and we get a bit tremulous only when we see what members over there are capable of doing with this magnificent document. New Zealand First is a political party committed to a strong and dynamic democracy in New Zealand. We are for vigilance in standing against any changes that undermine or weaken our democracy, and we urge all New Zealanders to value our democracy and to be vigilant in safeguarding our democratic heritage.

I did not draw the short straw; I lost the game of paper, rock, and scissors. But I stand with the House to commemorate the 800th anniversary of the granting of the Magna Carta in 1215—the significant document from 800 years ago, as of yesterday. Eight hundred years have passed since the granting of the Magna Carta and the brokered peace between King John and the rebel barons. Eight hundred years have passed since the first steps towards a commitment to basic human rights, first provided for and recognised by the Crown. However, 800 years later we know there are still improvements to be made in ensuring that the word and rule of law is applied equally and indiscriminately and is treated with greatness and respect.

The Magna Carta was the result of a rebellion against the arbitrary abuse of authority by the monarch. Many might point to the establishment of the Māori Party as an act of rebellion, its being established to represent the power of the people whom we represent. The product of this stand is significant. It paved the way for other fundamental texts, such as the Writ of Habeas Corpus, the US Constitution, the UN Universal Declaration of Human Rights, and even our very own Treaty.

The Magna Carta sought to limit the unbridled power of King John, and we recognise that it is the foundation of our law. But we think that we should also recognise the place of the Treaty in our law. The quote that Mr Finlayson has already articulated I will repeat, for the benefit of the House: “No Freeman shall be seized or imprisoned or stripped of his rights or possessions or outlawed or exiled or deprived of his standing in any way; nor will we proceed with force against him or send others to do so, except by the lawful judgment of his equals or by the law of the land.”

I want to point to a few pieces of legislation that stood in this land: the Suppression of Rebellion Act, the Tohunga Suppression Act, and the Native Schools Act. Today we find contemporary examples of inequality, such as the establishment of the Māori seats, first done so to ring-fence the Māori vote. In fact, in this House you can get rid of a Māori seat by 50 percent of the vote, but for any other seat it would require 75 percent. That in itself needs to be addressed, in the interests of equality.

In reflecting on the quote that I used before, many issues have yet to be resolved. How do we recognise the principles of the Treaty of Waitangi, water rights, and Ngāti Whātua Ōrākei rights of first refusal? How do we honour the Treaty of Waitangi so that there is not a circumvention of our law? The quote is especially fitting when we consider these things alongside the Treaty. I think the last part is important: “… to no one deny or delay the rights of justice.” I stand proudly to represent the Māori Party in calling for a recognition of the principles in the spirit of the Magna Carta 800 years later. Kia ora.

Motion agreed to.