Closing the gap : enhancing Parliament's law-making role in Treaty of Waitangi and customary rights issues

The New Zealand system of government subscribes to the doctrine of the supremacy of Parliament. This means that where Parliament have, in legislation, explicitly and clearly stipulated an intention to be arbitrary, unfair or oppressive, the judicial branch of government cannot strike that legislative provision down. Instead, the Courts law-making role is confined to interpreting and developing case law where there is no applicable statutory rule.