With Queen Elizabeth no longer our sovereign leader, the million-dollar question floating around is whether New Zealand should become a republic.
The majority of Commonwealth countries are republics and over the ditch in Australia republicanism debates are sparking again since Queen Elizabeth died in September. There is talk of another referendum on the matter in the future.
But what comes with such a change is great uncertainty about what would happen to our country if we decided to take the leap.
New Zealand could look to follow what is happening overseas but one important difference we have to consider is what would happen to the Treaty of Waitangi.
Experts have debated whether we could take a minimalist approach to republicanism or whether there would be a need for a constitutional overhaul.
Newshub took a deep dive into the pros and cons of all our options.
Soft republicanism: The minimalist approach
To become a republic doesn't necessarily mean we have to completely throw our constitution out the door and overhaul our whole parliamentary system.
If New Zealand was to become a republic many experts have thrown around the word soft republicanism, which requires the minimum necessary changes implemented to transition from a constitutional monarchy to an independent state.
In a draft working paper on the possible blueprint for a minimalist reform, Te Herenga Waka Victoria University of Wellington Faculty of Law Associate Professor Dr Dean Knight outlined the three requirements needed to become a republic.
- Cut ties with the monarchy
- Elevate the Governor-General to Head of State in their own right
- Provide for a state-like body as successor to the Crown
Under this model, the Crown's obligations under te Tiriti o Waitangi would be legally transferred, unchanged in substance, to the independent state.
The Governor-General, currently Dame Cindy Kiro, role would be changed to the Head of State.
"I contend that republican reform can be designed for New Zealand without engaging with these fatter legislative models – especially when the republican model is grounded in the reality of current arrangements and practice," Dr Knight wrote.
"Minimal change and much continuity obviates the need for extensive revision of constitutional rules and seeks to avoid the dangers of inadvertently upsetting the operation and practice of existing offices and institutions. "
This minimalist approach is also supported by the New Zealand Republic campaign.
NZ Republic chair Lewis Holden told AM we would follow similar parliamentary systems around the world where the Governor-General takes office and becomes the head of state - with the aim of keeping politicians away from the role.
The campaign's position is that while the transition to an independent head of state won't change the status of the Treaty, an additional clause clarifying this and stating that the Crown is the "Government and People of New Zealand" should be in any legislation establishing a republic; further protecting the Māori-Government relationship.
What would happen to Te Tiriti o Waitangi
Te Tiriti o Waitangi is often cited as a constitutional issue for Aotearoa New Zealand because our treaty is entangled with the Crown.
Many experts have reassured the government obligations to compensate Māori under Te Tiriti o Waitangi wouldn't change, but there is currently no legal or constitutional certainty the Treaty will be safeguarded if New Zealand does become a republic.
Auckland University law Professor Janet McLean said some people believe replacing the Queen with a Kiwi won't actually decolonise New Zealand.
"There's a big question about whether you reimagine the Crown-Maori relationship in a more radical way or whether you just do something not as radical and carry on," Prof McLean said.
Māori opinion on a republic is divided.
Māori Crown Relations Te Arawhiti Minister Kelvin Davis said in a statement to Newshub his priority is that the Te Tiriti o Waitangi is upheld.
"It is not a priority for me to look into becoming a republic. If we continue to be governed as we are or become a republic, my priority is for Aotearoa to uphold Te Tiriti o Waitangi," Davis said.
"If changes to our country mean sacrificing Te Tiriti, then this is something I would not support."
Labour Minister Peeni Henare said the debate should wait at least until iwi have their Treaty settlements finalised.
"For me as a Ngāpuhi and the fact that we haven't come anywhere close to a settlement, there will be - at least from my perspective - no thoughts given towards a republic until ka whakamana-hia i Te Tiriti o Waitangi - until it's been honoured," Henare said.
Te Pāti Māori co-leader Rawiri Waititi doesn't want to see Aotearoa become a republic at all, instead he wants a constitutional model unpinned by Te Tiriti o Waitangi.
Waititi told Newshub it is vital for Te Tiriti o Waitangi to be protected and remain the centre of Aotearoa's constitution.
"In the building and the development of a constitution, Te Tiriti o Waitangi must be there to ensure it protects not just Māori, not just Tangata Whenua but also Tangata Te Tiriti."
Prof McLean said there is "no template" on how a constitutional reform could be done but one option is using a commission of inquiry to work out viable alternatives and then take those to a referendum and see what the most preferred option is. The most preferred option would then be compared to the status quo.
Next month, a Constitutional Kōrero led by legal academic Dr Claire Charters (Ngāti Whakaue, Tūwharetoa, Ngāpuhi, Tainui) is being held at Auckland University.
The Kōrero will consider how New Zealand's Constitution might be transformed so it benefits all New Zealanders.
"There is a growing awareness of the fragile foundations underpinning our Constitution, in particular the illegitimate means by which sovereignty was asserted over Aotearoa and the ongoing effects of colonisation," Dr Charters said in a press release.
"We need to keep working together to find a way forward."
