Amanda vs. Wellington

Tell me where in the social contract it says that I had to be subject to torture over my sexuality without any charges or convictions? Tell me where in the social contract it says that a writer must give their IP up for free because the town wants warm fuzzies? Tell me where in the social contract it says that closets get to dictate to out queers? Tell me where in the social contract it says that the mayor is able to spy on citizens? Tell me where in the social contract it says that trans people are better seen, not heard? Tell me where in the social contract it says that I have to perform? - None of these things are present in the social contract of NZ. - The False “Social Contract”

The so-called social contract is supposed to be a compact between the people and the state, expressed through Te Tiriti o Waitangi, the New Zealand Bill of Rights Act 1990, the Human Rights Act 1993, and the Crimes Act 1961. None of the following practices appear in it—and each one would breach binding law.

1. “Tell me where in the social contract it says that I had to be subject to torture over my sexuality without any charges or convictions.”

Broken laws and principles

• NZ Bill of Rights Act 1990, s 9 – “No one shall be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment.”

• Crimes of Torture Act 1989 – Implements the UN Convention Against Torture.

• International Covenant on Civil and Political Rights (ICCPR), arts 7 & 9 – Freedom from torture and arbitrary detention.
  

Any “torture” or coercive psychological treatment based on sexuality would be unlawful and unconstitutional.

2. “Tell me where in the social contract it says that a writer must give their IP up for free because the town wants warm fuzzies.”

Broken laws and principles

• Copyright Act 1994, s 14 et seq. – Recognises copyright ownership by the author of literary and dramatic works.

• NZ Bill of Rights Act 1990, s 27 – Right to the observance of natural justice by public decision-makers.

• Human Rights Act 1993, s 21(1)(l) – Prohibits discrimination on the basis of political opinion, which would include punishing a writer for refusing to conform.
  

Expropriating or coercing a creator to surrender IP without consent violates both domestic copyright and international human rights law on property.

3. “Tell me where in the social contract it says that closets get to dictate to out queers.”

Broken laws and principles

• Human Rights Act 1993, s 21(1)(m) – Prohibits discrimination on the grounds of sexual orientation.

• NZ Bill of Rights Act 1990, s 19(1) – Affirms freedom from discrimination.

• Employment Relations Act 2000, s 103(1)(c) – Protects employees from unjustified disadvantage due to identity.
  

Social conformity or “forced closeting” policies breach anti-discrimination statutes.

4. “Tell me where in the social contract it says that the mayor is able to spy on citizens.”

Broken laws and principles

• Search and Surveillance Act 2012 – Requires warrants and strict authorisation for surveillance.

• NZ Bill of Rights Act 1990, s 21 – Protects against unreasonable search or seizure.

• Privacy Act 2020 – Limits collection, storage, and use of personal information.
  

Unlawful municipal or political surveillance would breach privacy, criminal, and constitutional law.

5. “Tell me where in the social contract it says that trans people are better seen, not heard.”

Broken laws and principles

• Human Rights Act 1993, s 21(1)(a) and (m) – Prohibits discrimination on sex, gender identity, and sexual orientation.

• NZ Bill of Rights Act 1990, s 14 – Guarantees freedom of expression.

• ICCPR Art. 19 – Right to freedom of opinion and expression.
  

Silencing or excluding trans voices violates the very civil rights the Bill of Rights guarantees.

6. “Tell me where in the social contract it says that I have to perform.”

Broken laws and principles

• NZ Bill of Rights Act 1990, s 11 – Right to refuse to undergo medical or scientific treatment (broader principle of bodily autonomy).

• Employment Relations Act 2000, s 6 – Protects individuals from being misclassified or coerced into work.

• Human Rights Act 1993 – Protects against forced labour and discrimination.
  

Compelling someone to “perform” for political, artistic, or social validation contravenes the right to free choice and personal autonomy.

Abuse alleged	Key NZ laws breached	Core right violated
Torture / persecution	Bill of Rights s9; Crimes of Torture Act	Freedom from torture
IP expropriation	Copyright Act 1994; Bill of Rights s27	Property and natural justice
Forced closeting	Human Rights Act s21; Bill of Rights s19	Equality and dignity
Political spying	Search & Surveillance Act 2012; Privacy Act 2020	Privacy and security
Silencing trans voices	Bill of Rights s14; Human Rights Act s21	Freedom of expression
Coerced performance	Bill of Rights s11; Employment Relations Act	Bodily autonomy and free consent

Conclusion

Nothing in New Zealand’s social contract—whether framed through the Bill of Rights, Te Tiriti, or common-law constitutional norms—permits these acts. They represent breaches of both domestic statute and international human rights law, not expressions of any legitimate civic duty. - AMPP's social contract 🏛 1. Foundational Principle

“Consent is not coercion.”

AMPP’s social contract begins with the recognition that the legitimacy of government derives from informed consent, not passive submission. That consent must be freely given, continuously renewable, and revocable when power becomes abusive or opaque.

• The people do not consent to surveillance, coercion, or extraction of creative labour.

• The state must earn its mandate by transparency, empathy, and reciprocal accountability.
  

This clause restates Rousseau’s dictum (“man is born free”) through the lens of mana motuhake — the right of every person and every iwi to self-determine.

🌿 2. Te Tiriti as the True Constitutional Compact

AMPP recognises Te Tiriti o Waitangi as the founding document of the social contract — not an addendum.The social contract of Te-Riu-a-Māui therefore includes:

• Tino rangatiratanga: the right of Māori to retain authority over their lands, resources, and cultural expression.

• Kāwanatanga limited by consent: the Crown’s role exists only through partnership.

• Equity of voice: constitutional power must reflect the demographic and moral reality of a bicultural, plural nation.
  

⚖️ 3. Rights and Responsibilities

The AMPP social contract affirms that rights are not granted by the state, but inherent to human dignity. Citizens exchange a portion of their freedom only to ensure collective safety and opportunity, not to sanctify hierarchy.

Core Rights

• Freedom from harm (physical, psychological, economic, and informational).

• Freedom of expression and identity — the right to be seen and heard as oneself.

• Creative sovereignty — ownership over one’s intellectual and cultural works.

• Economic participation — fair reward for labour and innovation.

• Privacy and sanctuary — immunity from state or corporate intrusion.

• Civic inclusion — equal access to education, healthcare, housing, and justice.
  

Civic Responsibilities

• To act in good faith toward others’ mana and autonomy.

• To protect the commons — environmental, informational, and cultural.

• To speak truth to power when institutions drift from public service.

• To renew democracy through participation and care, not blind loyalty.
  

🕊 4. Rejection of the False Contract

AMPP rejects the unwritten, coercive “contract” that has grown around New Zealand’s institutions — a contract of silence, conformity, and extraction. That false version demands:

• Obedience over dialogue

• Image over substance

• Compliance over creativity
  

In AMPP’s reading, these are breaches of the real contract, not its fulfillment. A nation that tortures, silences, or surveils its citizens has already broken the covenant.

🔥 5. Cultural and Creative Sovereignty

The AMPP social contract places art, research, and storytelling at the centre of civic life. Creators are not ornamental—they are constitutional interpreters. Therefore:

• No public body may expropriate art or intellectual property without consent.

• Funding and policy must treat creativity as a public utility that generates both culture and economic value.

• Public institutions that use art for branding without compensating or crediting the artist act ultra vires—outside lawful mandate.
  

🌈 6. Queer Citizenship and the Ethics of Visibility

AMPP affirms that queer, trans, and intersex people are not marginal participants but constitutional stakeholders. Their existence widens the moral horizon of democracy. Thus:

• The right “to be” includes the right not to perform, and the right to live free from medical, social, or institutional coercion.

• Visibility must never be weaponised as entertainment, tokenism, or surveillance.

• Every queer citizen has equal standing in defining national culture.
  

💠 7. Reciprocal Accountability of Power

Under AMPP’s model, the social contract is two-way enforcement:

• Citizens can breach it through cruelty or apathy.

• The state can breach it through secrecy or abuse.
  

When either side fails, restorative justice replaces retribution. The guiding test is simple:

“Does this action enhance or diminish another’s mana?”

🌏 8. Te-Riu-a-Māui as a Living Federation

AMPP’s contract extends beyond the islands to a Federated Oceania, recognising shared ecological and cultural destinies. Citizenship becomes relational rather than territorial, sustained by respect, trade in knowledge, and the free exchange of ideas and care. 🪶 9. Summary Table

Dimension	Old Social Contract	AMPP Social Contract
Source of legitimacy	Colonial sovereignty	Te Tiriti partnership & consent
Purpose	Order & compliance	Dignity & mutual flourishing
Citizen’s role	Subject / taxpayer	Co-author of policy
Economy	Extraction & growth	Stewardship & reciprocity
Knowledge & art	Commodity	Cultural right & public trust
Governance	Representative hierarchy	Participatory transparency
Justice	Punitive & procedural	Restorative & reparative

✨ 10. Conclusion

Under AMPP, the New Zealand social contract is not a document—it is a relationship. It is renewed whenever citizens and institutions act with integrity, broken whenever coercion replaces consent. Its goal is not merely to prevent harm but to cultivate a society where every person’s mana can thrive without fear, censorship, or theft.