Summarised by Centrist
Writing on his Substack, blogger John McLean highlighted remarks made by former Solicitor-General Una Jagose at a New Zealand Law Association breakfast on 2 July.
Jagose argued that parliamentary supremacy is not unlimited and questioned whether Parliament could legitimately define the meaning of the Treaty of Waitangi without Māori involvement.
She described parliamentary supremacy as a foundational constitutional principle, but said it operated within rules, conventions and an established framework that “defines and confines its authority”.
Jagose warned that New Zealand risked weakening the separation of powers and the rule of law if the respective roles of Parliament, the executive and the courts were misunderstood.
She rejected claims that courts were improperly expanding their authority when responding to New Zealand customs and values.
“I bridle at the suggestion that courts are seizing new authority and straining at their legitimate boundaries,” she said.
Jagose said tikanga had long been part of New Zealand’s legal system, sometimes explicitly and sometimes “hidden in plain sight”.
Referring to the Supreme Court’s decision in the Peter Ellis case, she said the court’s consideration of tikanga represented a “familiar common law method” rather than a revolution or illegitimate judicial action.
Jagose also cited a 2025 Helen Clark Foundation survey which found 30% of New Zealanders trusted the government to do the right thing most of the time, while 34% believed government leaders abused their power most of the time.
The survey also found 43% believed courts made fair and impartial decisions based on the available evidence. That figure fell to 31% among people struggling financially and 35% among respondents aged under 30.
Read more over at John’s Substack
Image: Te Tari Ture o te Karauna
