Constitutional change can be sneaked in, warns Chen

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Significant constitutional change can be sneaked in without public consent, a top lawyer has told a conference discussing possible moves towards a republic.

Public law specialist Mai Chen said legislation could be enacted or amended without ministers signalling that the changes could have constitutional consequences. The changes might be noticed only by experts. Most Kiwis were uninterested or "want to let sleeping dogs lie".

"Legislation having constitutional effect is ordinary legislation ... The Government may consider public opinion, but is not bound by it."

Ms Chen presented a paper to the Reconstituting the Constitution conference at Parliament yesterday. Lawyers, academics and past and present politicians debated whether New Zealand should sever links with the monarchy and adopt a written constitution and electoral reform.

Ms Chen said politicians needed to engage the public on constitutional matters via the internet.

Debating whether New Zealand should adopt a "supreme" – or codified – constitution would force Kiwis to confront difficult issues, including the Treaty, Maori sovereignty and republicanism.

The conference also heard from former deputy prime minister Michael Cullen, who said a drift towards a republic was inevitable and constitutional changes should be made before the Queen dies.