New Zealand Legislative Council
Encyclopedia
The Legislative Council of New Zealand was the upper house
of the New Zealand
Parliament from 1853 until 1951. Unlike the lower house
, the New Zealand House of Representatives
, the Legislative Council was appointed.
s (legislation relating to finance and expenditure). The model for the Legislative Council's role was the House of Lords
in the United Kingdom.
provided for councillors to be appointed for life terms by the Governor
. As the power of the Governor over New Zealand politics gradually decreased, it became the convention that appointments were made on the recommendation of the Premier
(later Prime Minister), essentially meaning that councillors were selected by the government of the day.
However, the life term of councillors meant that the Legislative Council always lagged behind the House of Representatives — Premiers were frequently hampered in their activities by a Legislative Council appointed by their predecessors. In 1891, life membership was replaced by a seven-year term by the new Liberal Party
government of John Ballance
. Part of the Liberal Party's motivation was probably ideological, but part was undoubtedly political — Ballance's conservative predecessor, Harry Atkinson
, had stacked the council with conservatives shortly before leaving office. Ballance had considerable difficulty in achieving his reform of the Council, with major clashes occurring between him and the Governor — Ballance's victory is seen as establishing an important precedent in the relationship between Governor and Prime Minister.
The structure of the Legislative Council prior to 1891 was therefore similar to that of the Canadian Senate
(which continues as an appointed upper house, although senators are no longer appointed to life terms, and must retire at the age of 75).
, corresponding roughly to the position of Speaker of the House of Representatives
. A quorum
of five members was established. The first appointments to the Legislative Council were made in 1853, when thirteen members took their seats. Gradually, the maximum number of members was raised, and the limit was eventually abolished. The Council would eventually reach a peak of fifty-four members.
in the House, and a convention was established that there should always be Māori representation on the Council.
had been granted at the beginning of the 2nd Parliament
, the Governor, Thomas Gore Browne
, was given sufficient authority to make the Legislative Council elective, but no action was taken. In 1914, a reform proposal to introduce a 42 or 43 member council elected by proportional representation
for six years was introduced by the Liberals, for the Council was made, but postponed due to World War I
. In 1920 it was no longer favoured by the Reform government then in power. But the 1914 Act "remained like a sword of Damocles suspended above the nominated upper house, available at will or whim to any succeeding government" (Jackson).
, Sidney Holland
who introduced a Private Member's Bill
to abolish it in 1947.
However, because the Parliament of New Zealand was unable to amend the New Zealand Constitution Act 1852
(because it was an Act of the United Kingdom Parliament, and the New Zealand Parliament was barred from amending the parts of the Act dealing with the establishment of the Legislative Council) it had to first adopt the Statute of Westminster 1931
, which it did with the Statute of Westminster Adoption Act 1947
. Following the adoption of the Act, the Parliament of New Zealand passed the New Zealand Constitution Amendment (Request and Consent) Act 1947
, and the Parliament of the United Kingdom passed the New Zealand Constitution Amendment Act 1947, allowing the New Zealand Parliament to amend the Constitution Act and abolish the Legislative Council. However, the Labour government did not actually enact the abolition itself, losing office in the 1949 general election
.
In 1950, the National Party, now in government, passed the Legislative Council Abolition Act. To assist its passage into law, Holland appointed twenty members known as the 'suicide squad
', to vote for their own abolition, just as the Australian state of Queensland
had done to abolish its upper house
in 1922. They included former MPs Harold Dickie
and Garnet Mackley
.
To encourage co-operation from other members, Holland also promised to use the money saved through abolition to set up a fund for retired members. A Statutes Revision Committee (now defunct) was established to carry out some of the scrutiny that the Legislative Council had been intended for. Although abolition was intended as an interim measure, no serious attempts were made to introduce a new second chamber, and Parliament has been unicameral since.
in New Zealand, like former Prime Minister Sir Geoffrey Palmer, argued that the country is a small and relatively homogeneous unitary state
, and hence does not need the same arrangements as federal
countries like Australia or Canada, although many smaller countries have retained bicameral systems. In addition, other political reforms in New Zealand such as the strengthening of the Select Committee system and the introduction of proportional representation
are seen to provide adequate checks and balances.
Support for bicameralism
is not completely absent, however, and there have been occasional proposals for a new upper house or Senate
. A constitutional reform committee chaired by Ronald Algie
proposed an appointed Senate in 1952, while in 1990, the government of Jim Bolger
proposed an elected Senate, an idea advanced partly as an alternative to New Zealand's electoral reform process
.
, as following the British tradition, the Sovereign may not enter the elected House. The Gentleman Usher of the Black Rod summons the House of Representatives to attend the State Opening of Parliament
in the Legislative Council Chamber, where the Speech is read usually by the Governor-General. It is also used for some Select Committee meetings, as well as meetings of the Commonwealth Parliamentary Association
and other official functions
Upper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...
of the New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
Parliament from 1853 until 1951. Unlike the lower house
Lower house
A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.Despite its official position "below" the upper house, in many legislatures worldwide the lower house has come to wield more power...
, the New Zealand House of Representatives
New Zealand House of Representatives
The New Zealand House of Representatives is the sole chamber of the legislature of New Zealand. The House and the Queen of New Zealand form the New Zealand Parliament....
, the Legislative Council was appointed.
Role
The Legislative Council was intended to act as a revising chamber, scrutinizing and amending bills which had been passed by the House of Representatives. It could not initiate bills, and was prohibited from amending money billMoney bill
In the Westminster system , a money bill or supply bill is a bill that solely concerns taxation or government spending , as opposed to changes in public law.- Conventions :...
s (legislation relating to finance and expenditure). The model for the Legislative Council's role was the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
in the United Kingdom.
Appointment and tenure
The New Zealand Constitution Act 1852New Zealand Constitution Act 1852
The New Zealand Constitution Act 1852 was an Act of the Parliament of the United Kingdom that granted self-government to the colony of New Zealand...
provided for councillors to be appointed for life terms by the Governor
Governor-General of New Zealand
The Governor-General of New Zealand is the representative of the monarch of New Zealand . The Governor-General acts as the Queen's vice-regal representative in New Zealand and is often viewed as the de facto head of state....
. As the power of the Governor over New Zealand politics gradually decreased, it became the convention that appointments were made on the recommendation of the Premier
Prime Minister of New Zealand
The Prime Minister of New Zealand is New Zealand's head of government consequent on being the leader of the party or coalition with majority support in the Parliament of New Zealand...
(later Prime Minister), essentially meaning that councillors were selected by the government of the day.
However, the life term of councillors meant that the Legislative Council always lagged behind the House of Representatives — Premiers were frequently hampered in their activities by a Legislative Council appointed by their predecessors. In 1891, life membership was replaced by a seven-year term by the new Liberal Party
New Zealand Liberal Party
The New Zealand Liberal Party is generally regarded as having been the first real political party in New Zealand. It governed from 1891 until 1912. Out of office, the Liberals gradually found themselves pressed between the conservative Reform Party and the growing Labour Party...
government of John Ballance
John Ballance
John Ballance served as the 14th Premier of New Zealand at the end of the 19th century, and was the founder of the Liberal Party .-Early life:...
. Part of the Liberal Party's motivation was probably ideological, but part was undoubtedly political — Ballance's conservative predecessor, Harry Atkinson
Harry Atkinson
Henry Albert "Harry" Atkinson served as the tenth Premier of New Zealand on four separate occasions in the late 19th century, and was Colonial Treasurer for a total of ten years...
, had stacked the council with conservatives shortly before leaving office. Ballance had considerable difficulty in achieving his reform of the Council, with major clashes occurring between him and the Governor — Ballance's victory is seen as establishing an important precedent in the relationship between Governor and Prime Minister.
The structure of the Legislative Council prior to 1891 was therefore similar to that of the Canadian Senate
Canadian Senate
The Senate of Canada is a component of the Parliament of Canada, along with the House of Commons, and the monarch . The Senate consists of 105 members appointed by the governor general on the advice of the prime minister...
(which continues as an appointed upper house, although senators are no longer appointed to life terms, and must retire at the age of 75).
Number of members
It was specified in the Constitution Act 1852 that the Council would consist of at least ten members. Although not actually a part of the Act, instructions were issued that the number of members should not exceed fifteen. One member was to be selected as Speaker of the Legislative CouncilSpeaker of the New Zealand Legislative Council
The Speaker of the Legislative Council was the chair of New Zealand's upper house, the Legislative Council. The position corresponded roughly to that of Speaker of the House of Representatives...
, corresponding roughly to the position of Speaker of the House of Representatives
Speaker of the New Zealand House of Representatives
In New Zealand the Speaker of the House of Representatives is the individual who chairs the country's legislative body, the New Zealand House of Representatives...
. A quorum
Quorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...
of five members was established. The first appointments to the Legislative Council were made in 1853, when thirteen members took their seats. Gradually, the maximum number of members was raised, and the limit was eventually abolished. The Council would eventually reach a peak of fifty-four members.
Extent of representation
The Legislative Council was generally less representative of the New Zealand public than was the House of Representatives. Women were not eligible to serve as councillors until 1941, and only five women were ever appointed. The first took their seats in 1946. Māori were slightly better represented — the first Māori councillors were appointed in 1872, not long after the creation of the Māori seatsMaori seats
In New Zealand politics, Māori electorates, colloquially also called Māori seats, are a special category of electorate that gives reserved positions to representatives of Māori in the New Zealand Parliament...
in the House, and a convention was established that there should always be Māori representation on the Council.
Proposals for election
A number of proposals were made that the Legislative Council should be elected, not appointed. When responsible governmentResponsible government
Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability which is the foundation of the Westminster system of parliamentary democracy...
had been granted at the beginning of the 2nd Parliament
2nd New Zealand Parliament
The 2nd New Zealand Parliament was a term of the Parliament of New Zealand. It opened on 15 April 1856, following New Zealand's 1855 election. It was dissolved on 5 November 1860 in preparation for 1860–61 election...
, the Governor, Thomas Gore Browne
Thomas Gore Browne
Colonel Sir Thomas Robert Gore Browne KCMG CB was a British colonial administrator, who was Governor of St Helena, Governor of New Zealand, Governor of Tasmania and Governor of Bermuda.-Early life:...
, was given sufficient authority to make the Legislative Council elective, but no action was taken. In 1914, a reform proposal to introduce a 42 or 43 member council elected by proportional representation
Proportional representation
Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...
for six years was introduced by the Liberals, for the Council was made, but postponed due to World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
. In 1920 it was no longer favoured by the Reform government then in power. But the 1914 Act "remained like a sword of Damocles suspended above the nominated upper house, available at will or whim to any succeeding government" (Jackson).
Abolition
By the middle of the 20th century, the Legislative Council was increasingly being looked on as ineffectual and making little difference to the legislative process. The Legislative Council rarely criticised bills sent to it by the House, and many believed that it was now obsolete. Some favoured its reform, while others favoured its abolition, like the leader of the National PartyNew Zealand National Party
The New Zealand National Party is the largest party in the New Zealand House of Representatives and in November 2008 formed a minority government with support from three minor parties.-Policies:...
, Sidney Holland
Sidney Holland
Sir Sidney George Holland, GCMG, CH was the 25th Prime Minister of New Zealand from 13 December 1949 to 20 September 1957.-Early life:...
who introduced a Private Member's Bill
Private Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...
to abolish it in 1947.
However, because the Parliament of New Zealand was unable to amend the New Zealand Constitution Act 1852
New Zealand Constitution Act 1852
The New Zealand Constitution Act 1852 was an Act of the Parliament of the United Kingdom that granted self-government to the colony of New Zealand...
(because it was an Act of the United Kingdom Parliament, and the New Zealand Parliament was barred from amending the parts of the Act dealing with the establishment of the Legislative Council) it had to first adopt the Statute of Westminster 1931
Statute of Westminster 1931
The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom. Passed on 11 December 1931, the Act established legislative equality for the self-governing dominions of the British Empire with the United Kingdom...
, which it did with the Statute of Westminster Adoption Act 1947
Statute of Westminster Adoption Act 1947
The Statute of Westminster Adoption Act 1947 was a constitutional Act of the New Zealand Parliament that formally accepted the full external autonomy offered by the British Parliament...
. Following the adoption of the Act, the Parliament of New Zealand passed the New Zealand Constitution Amendment (Request and Consent) Act 1947
New Zealand Constitution Amendment (Request and Consent) Act 1947
The New Zealand Constitution Amendment Act 1947 and New Zealand Constitution Amendment Act 1947 were two enactments passed by the Parliament of New Zealand and Parliament of the United Kingdom respectively...
, and the Parliament of the United Kingdom passed the New Zealand Constitution Amendment Act 1947, allowing the New Zealand Parliament to amend the Constitution Act and abolish the Legislative Council. However, the Labour government did not actually enact the abolition itself, losing office in the 1949 general election
New Zealand general election, 1949
The 1949 New Zealand general election was a nationwide vote to determine the shape of the New Zealand Parliament's 29th term. It saw the governing Labour Party defeated by the opposition National Party...
.
In 1950, the National Party, now in government, passed the Legislative Council Abolition Act. To assist its passage into law, Holland appointed twenty members known as the 'suicide squad
Suicide squad
Suicide squad may refer to:*any group that carries out a suicide attack;*Suicide Squad, a fictional organization featured in DC Comics,*"Suicide Squad", a group of physicists prepared to pour a cadmium solution on Chicago Pile-1 in the event of a meltdown...
', to vote for their own abolition, just as the Australian state of Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
had done to abolish its upper house
Queensland Legislative Council
The Queensland Legislative Council was the upper house of the parliament in the Australian state of Queensland. It was a fully nominated body which first took office on 1 May 1860. It was abolished by the Constitution Amendment Act 1921, which took effect on 23 March 1922.Consequently, the...
in 1922. They included former MPs Harold Dickie
Harold Dickie
Harold Galt Dickie was a New Zealand politician of the Reform Party and from 1938 of the National Party.He represented the Patea electorate in Parliament from 1925 to 1943, when he retired....
and Garnet Mackley
Garnet Hercules Mackley
Garnet Hercules Mackley was a New Zealand businessman, railways manager and politician.He became general manager of New Zealand Railways in 1933. During his tenure, Mackley worked hard to improve the standard and range of services provided by the railways...
.
To encourage co-operation from other members, Holland also promised to use the money saved through abolition to set up a fund for retired members. A Statutes Revision Committee (now defunct) was established to carry out some of the scrutiny that the Legislative Council had been intended for. Although abolition was intended as an interim measure, no serious attempts were made to introduce a new second chamber, and Parliament has been unicameral since.
Proposed reestablishment
UnicameralistsUnicameralism
In government, unicameralism is the practice of having one legislative or parliamentary chamber. Thus, a unicameral parliament or unicameral legislature is a legislature which consists of one chamber or house...
in New Zealand, like former Prime Minister Sir Geoffrey Palmer, argued that the country is a small and relatively homogeneous unitary state
Unitary state
A unitary state is a state governed as one single unit in which the central government is supreme and any administrative divisions exercise only powers that their central government chooses to delegate...
, and hence does not need the same arrangements as federal
Federation
A federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...
countries like Australia or Canada, although many smaller countries have retained bicameral systems. In addition, other political reforms in New Zealand such as the strengthening of the Select Committee system and the introduction of proportional representation
Proportional representation
Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...
are seen to provide adequate checks and balances.
Support for bicameralism
Bicameralism
In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....
is not completely absent, however, and there have been occasional proposals for a new upper house or Senate
Senate
A senate is a deliberative assembly, often the upper house or chamber of a legislature or parliament. There have been many such bodies in history, since senate means the assembly of the eldest and wiser members of the society and ruling class...
. A constitutional reform committee chaired by Ronald Algie
Ronald Algie
Sir Ronald Macmillan Algie was a New Zealand politician who served as Speaker of the House of Representatives for six years in the 1960s. He described himself as "a Tory in the old tradition".-Early life:...
proposed an appointed Senate in 1952, while in 1990, the government of Jim Bolger
Jim Bolger
James Brendan "Jim" Bolger, ONZ was the 35th Prime Minister of New Zealand from 1990 to 1997. Bolger was elected on the promise of delivering a "Decent Society" following the previous Labour government's economic reforms, known as Rogernomics...
proposed an elected Senate, an idea advanced partly as an alternative to New Zealand's electoral reform process
Electoral reform in New Zealand
Electoral reform in New Zealand has, in recent years, become a political issue as major changes have been made to both Parliamentary and local government electoral systems.- Parliamentary Electoral Reform :...
.
Legislative Council Chamber
Today, the Legislative Council Chamber is still used for the Speech from the ThroneSpeech from the Throne
A speech from the throne is an event in certain monarchies in which the reigning sovereign reads a prepared speech to a complete session of parliament, outlining the government's agenda for the coming session...
, as following the British tradition, the Sovereign may not enter the elected House. The Gentleman Usher of the Black Rod summons the House of Representatives to attend the State Opening of Parliament
State Opening of Parliament
In the United Kingdom, the State Opening of Parliament is an annual event that marks the commencement of a session of the Parliament of the United Kingdom. It is held in the House of Lords Chamber, usually in November or December or, in a general election year, when the new Parliament first assembles...
in the Legislative Council Chamber, where the Speech is read usually by the Governor-General. It is also used for some Select Committee meetings, as well as meetings of the Commonwealth Parliamentary Association
Commonwealth Parliamentary Association
The Commonwealth Parliamentary Association, previously known as the Empire Parliamentary Association, is an organisation, of British origin, which works to support good governance, democracy and human rights...
and other official functions
Further reading
- The New Zealand Legislative Council: A Study of the Establishment, Failure and Abolition of an Upper House by W. K. Jackson (1972, University of Otago Press, Dunedin)
- The Upper House in colonial New Zealand: A study of the Legislative Council of New Zealand in the period 1854 - 1887 by A. H. McLintock & G. A. Wood (1987, Government Printer, Wellington)