Sarah McMillan/cvnznews.com
ACT has released a policy that affirms New Zealand’s core democratic values, protects property rights, reins in activist judges, and stops Parliament creating vague Treaty clauses that divide New Zealanders.
ACT has unveiled a sweeping constitutional policy it says will put “one law for all with one future together” at the heart of New Zealand’s legal framework, tightening Parliament’s control over the law and giving stronger protection to property rights.
The policy, released by ACT leader David Seymour, proposes inserting three core principles into the Constitution Act: that Parliament is sovereign, the rule of law is fundamental, and all New Zealanders are equal before the law. Seymour argues these values are central to a free society but are not clearly stated in current constitutional documents.
ACT also wants property rights added to the New Zealand Bill of Rights Act, giving homes, farms and businesses similar protection to other fundamental rights. Courts would be able to declare when legislation is inconsistent with that right, and—like other Bill of Rights protections—would be required to interpret laws in a way that favours property rights where possible.
A major focus of the package is what ACT calls “activist judges” and the growing use of tikanga Māori in court decisions. Seymour points to recent Supreme Court rulings, including Ellis, as examples of the judiciary extending tikanga beyond what Parliament has explicitly legislated. ACT’s policy would make clear that tikanga can only influence court decisions where Parliament has expressly allowed it.
The party also proposes changes to the Legislation Act 2019 so statutes are interpreted according to what Parliament enacted at the time, with judge‑made presumptions limited to resolving ambiguity rather than overriding clear wording. The “rule of law” would be defined in the Senior Courts Act to emphasise certainty and Parliament’s final say.
On the Treaty of Waitangi, ACT wants to stop governments inserting broad, undefined Treaty references into legislation. Under its plan, any Bill mentioning the Treaty would require Cabinet to spell out which Treaty interests are engaged, who they apply to, and what specific obligations they create—aimed at reducing what Seymour calls “divisive interpretations” by courts and officials.
Seymour frames the package as a reset of democratic accountability: Parliament makes the law, courts interpret the law actually passed, property is more secure, and “every New Zealander will stand equal before the law”.
