New Zealand constitution
Encyclopedia
The constitution of New Zealand consists of a collection of statutes (Acts of Parliament), Treaties, Orders in Council, letters patent
, decisions of the Courts and unwritten constitutional convention
s. As with the United Kingdom
, there is no one supreme document
; the New Zealand constitution is not codified or, with the exception of certain electoral law, formally entrenched
.
New Zealand is a constitutional monarchy
with a parliamentary system of government. This system is often known as the Westminster system
, although that term is increasingly inapt given constitutional developments peculiar to New Zealand. The head of state
and source of executive, judicial and legislative power in New Zealand is the monarch
, currently Queen Elizabeth II. The Queen
is represented in the Realm of New Zealand
by a Governor-General
.
or limited monarchy. The underlying principle is democracy, with political power is exercised through a democratically-elected parliament – this is often stated as "The Queen reigns but the government rules so long as it has the support of the House of Representatives." The monarchy
in New Zealand has been legally distinct from the British monarchy
since New Zealand ratified the Statute of Westminster 1931
with the Statute of Westminster Adoption Act
in 1947. The British Crown and New Zealand Crown are thus legally distinct.
Part one of the Constitution Act 1986 describes "The Sovereign", the reigning Monarch, as New Zealand's Head of State
. Section 2(1) of the Act declares "The Sovereign in right of New Zealand" as Head of state, section 5(1) describes the Sovereign's successor as being "...determined in accordance with the enactment of the Parliament of England intituled The Act of Settlement
". This means that the Head of State of the United Kingdom under the Act of Settlement 1701 is also the Head of State of New Zealand. Under the Imperial Laws Application Act 1988, however, the Act of Settlement is deemed a New Zealand Act, which may be amended only by the New Zealand Parliament.
There have occasionally been proposals to abolish the monarchy and establish a republic
. Unlike its neighbour Australia, New Zealand has not yet held a referendum on the matter, but a number of prominent politicians (including the current Prime Minister, John Key) believe that an eventual move to republicanism is inevitable. Opinion polls however have shown that a majority of New Zealanders favour keeping the monarchy.
is the Governor-General
. The Office is largely ceremonial, although the Governor-General holds a number of so-called 'reserve powers'. The Office is nominally non-partisan, the Prime Minister
advises the Sovereign who to appoint as the Governor-General.
Increasingly, the Governor-General represents New Zealand abroad and is accorded the same respect and privileges of a Head of state
. It can be argued that the de facto head of state is the Governor-General while the de jure
head of state remains the Sovereign.
. The Cabinet
, which is responsible to Parliament, exercises executive authority. (The Cabinet forms the practical expression of a formal body known as the Executive Council
.) The Prime Minister
, as the leader
of the political party or coalition of parties holding or having the support of a majority of seats in the House of Representatives, leads the Cabinet. All Cabinet Ministers must be Members of Parliament (MPs) and are collectively responsible to it.
, which has at least 120 Members. Since 1996, New Zealand has used the mixed member proportional (MMP) system, which is essentially proportional representation
with single member seats
(that can affect the proportionality of the House, but only to a limited degree). Seven seats
are currently reserved
for members elected on a separate Māori roll. However, Māori may choose to vote in and to run for the non-reserved seats, and several have entered Parliament in this way. Parliaments have a maximum term of three years, although an election can be called earlier. In New Zealand, everyone (male and female) aged 18 years and over can vote, with the exception of some prison inmates. Women gained the vote in 1893, making New Zealand the first self-governing state to support Women's suffrage
.
, the Court of Appeal of New Zealand
, the High Court of New Zealand
, and the District Courts. These courts are all of general jurisdiction. There are several other courts of specialist jurisdiction, including the Employment Court, the Environment Court and the Māori Land Court
, as well as the Family Court and the Youth Court, which operate as specialised divisions of the District Courts. There are also a number of specialised tribunals which operate in a judicial or quasi-judicial capacity, such as the Disputes Tribunal, the Tenancy Tribunal and the Waitangi Tribunal
.
New Zealand law has three principal sources: English common law
; certain statutes of the United Kingdom Parliament enacted before 1947 (notably the Bill of Rights 1689
); and statutes of the New Zealand Parliament. In interpreting common law, there is a rebuttable presumption in support of uniformity with common law as interpreted in the United Kingdom and related jurisdictions. Non-uniformity arises where the New Zealand courts consider local conditions to warrant it or where the law has been codified by New Zealand statute. The maintenance of the Privy Council
in London as the final court of appeal and judges' practice of tending to follow British decisions, even though, technically, they are not bound by them, both bolstered this presumption. The Supreme Court of New Zealand
, which was established by legislation in October 2003 and which replaced the Privy Council for future appeals, has continued to develop the presumption.
The constitutional place of the Treaty of Waitangi is a subject of much debate. Increasingly, the Treaty is seen as an important source of constitutional law. Indeed, references to the "Principles of the Treaty of Waitangi" appear in a number of statutes, although the principles themselves have not been defined in statute. They are instead defined by a common law
decision of the Court of Appeal
from 1987, the famous "Lands case" brought by the New Zealand Māori Council (New Zealand Māori Council v Attorney-General). There was great concern within Māoridom at that time that the ongoing restructuring of the New Zealand economy by the then Fourth Labour Government
, specifically the transfer of assets from former government departments to State-owned enterprises. Because the state-owned enterprises were essentially private firms owned by the government, they would prevent assets which had been given by Māori for use by the state from being returned to Māori by the Waitangi Tribunal
. The Māori Council sought enforcement of section 9 of the State Owned Enterprises Act 1986 "Nothing in this act shall permit the Crown to act in a manner that is inconsistent with the principles of the Treaty of Waitangi".
The text of the Treaty itself is included in the Treaty of Waitangi Act 1975, an act which established the Waitangi Tribunal
to determine issues of breaches of the Treaty. The Act was initially prospective, but was later amended in 1985 so that claims dating from the signing of the Treaty could be investigated. The 1985 amendment also included the Māori
text of the Treaty for the first time.
1990 sets out the civil and political rights of New Zealand citizens against the three branches of government and entities and persons exercising public functions. The Act is not entrenched or supreme law, and can in theory be amended by Parliament by a simple majority but may be subject to an emerging constitutional convention that requires general support for any material change.
was founded. According to Governor Phillip
's amended Commission dated 25 April 1787, the colony included "all the islands adjacent in the Pacific Ocean" and running westward on the continent to the 135th meridian east
. Until 1840, this technically included New Zealand, but the New South Wales administration had little interest in New Zealand. Amid increasing lawlessness and dubious land transactions between Māori and Europeans, the British Colonial Office appointed James Busby
as British Resident to New Zealand.
Busby convened the Confederation of Chiefs of the United Tribes of New Zealand
, which adopted the Declaration of Independence of New Zealand at Waitangi
in 1835. While this Declaration was acknowledged by King William IV, it did not provide a permanent solution to the issue of governance. In 1839 Letters Patent purported to extend the jurisdiction of the colony of New South Wales
to New Zealand, in effect to annexe "...any territory which is or may be acquired... within that group of Islands known as New Zealand". The exact legal effect is unknown, however the Colonial Office recognised that it had not annexed New Zealand by its subsequent actions. It later appointed Captain William Hobson
to acquire British sovereignty over New Zealand by Treaty.
On 6 February 1840, the Treaty of Waitangi
(Te Tiriti o Waitangi) is first signed at Waitangi
. On the 21 May Hobson issued proclamations of British Sovereignty over New Zealand. The basis of the proclamations was discovery of the South Island
and Treaty for the North Island
. The proclamations were largely made in response to the New Zealand Company
settlements in Port Nicholson (Wellington
and Britannia, later Petone
) establishing their own 12-member governing council. Hobson sought to prevent the establishment of what he saw as a 'republic', that is, an independent state outside of his jurisdiction. Later that year Letters Patent were issued pursuant to the New South Wales Continuance Act (Imperial), which recognised New Zealand as a dependency (sub-colony) of New South Wales. Hobson was then declared Lieutenant-Governor of New Zealand and divided the colony into two provinces
(North Island—New Ulster, South Island—New Munster) after the Northern and Southern Irish provinces
. In 1841, New Zealand was established as a colony in its own right.
empowering the government in New Zealand in 1846. The Act was to be fully implemented in 1848, but was never put in place because the Governor-in-Chief
at the time, Sir George Grey
, declined to apply it for a number of reasons. Instead, the Act was suspended for five years. Grey ruled with the powers of a dictator for the next five years; appointing Provincial councils at his pleasure.
Following the suspension of the 1846 Act, the Imperial Parliament moved again to grant New Zealand self-government with the New Zealand Constitution Act 1852
, which repealed the earlier Constitution Act. This Act was based almost entirely on a draft by Sir George Grey, the main difference being the appointment of the Governor by the Secretary of the Colonies, and not by the (New Zealand) House of Representatives. The new Act did not take effect in New Zealand until 1853.
The Act provided:
The first enactment of the first Parliament of New Zealand elected under this Act was the English Laws Act of 1854, which affirmed the application of all English statutes in existence as at 14 January 1840 to New Zealand; specifically the Bill of Rights 1689
, and Habeas Corpus
. The powers of the New Zealand Parliament were clarified by the Colonial Laws Validity Act (Imperial) of 1865, which allowed a measured amount of legal independence. Under the Act, the New Zealand Parliament could pass laws inconsistent with British statutes or the common law, so long as Imperial statute was not specifically applicable to New Zealand. Where this occurred, the New Zealand statute would be void.
In 1857 the Parliament of the United Kingdom passed the New Zealand Constitution Amendment Act 1857, which allowed the New Zealand Parliament the ability to amend certain parts of the 1852 Act. This mainly related to proposals for new provinces in New Zealand. Several new provinces were then created by the New Zealand Parliament. The first major repeal of part of the Act came in 1876 with the Abolition of Provinces Act, which repealed section 2 of the Act and abolished the Provinces
from 1 January 1877, thus centralising New Zealand’s government in its bicameral Parliament.
In 1891 the composition of Legislative Council was changed, Councillors were no longer appointed for life; instead for terms of 7 years with provision for reappointment.
s'. Following the Conference, the House of Representatives passed a motion requesting that King Edward VII "take such steps as he may consider necessary; to change New Zealand's official name from 'The Colony of New Zealand' to 'The Dominion of New Zealand'. Prime Minister Sir Joseph Ward
prompted to move to "…raise up New Zealand" and assured that it would "have no other effect than that of doing the country good". On 9 September, a Royal Proclamation granting New Zealand Dominion status was issued by King Edward VII. The proclamation took effect on the 27 September. As a result, the Office of Governor became Governor-General under the Letters Patent 1917 to reflect New Zealand's status as a dominion more fully. The Letters Patent also removed a number of powers the Governor previously held while New Zealand was a colony.
In 1908, two enactments of constitutional importance were passed: the Judicature Act, which describes the Jurisdiction of the New Zealand Judiciary; and the Legislature Act, setting out the powers of Parliament. The latter is now largely repealed, with only certain provisions that codify aspects of parliamentary privilege
remaining.
The Imperial Conference of 1926 affirmed the Balfour Declaration of 1926, which stated Britain's Dominions were "equal in status". In respect of the Governor-General, the Declaration stated that they held: "the same position in relation to the administration of public affairs in the Dominion" as was held by the monarch in the United Kingdom. The Governor-General was thus bound by the advice of their responsible ministers.
To give effect to the 1926 conference declarations, the Statute of Westminster 1931
was passed thus lifting the restrictions created by the Colonial Laws Validity Act 1865. The Statute applied to New Zealand but would have to be adopted by the New Zealand Parliament as its own law to have application in New Zealand.
After much debate, this occurred in 1947 with the Statute of Westminster Adoption Act
. At the request of the New Zealand Parliament, Westminster passed the New Zealand Constitution Amendment (Request and Consent) Act 1947
to grant the New Zealand Parliament gained full sovereign powers to amend or repeal the New Zealand Constitution Act 1852. The Parliament of the United Kingdom could still pass laws at the request of the New Zealand Parliament, however. This residual power, which was used only for the 1947 Amendment Act, was abolished with the passing of the Constitution Act 1986, which repealed the 1852 Constitution Act.
As a result of these changes, New Zealand became a "Realm" legally independent of the United Kingdom, with a legally separate Crown. It was not until the 1983 Letters Patent, the first amendment of the Letters Patent since 1917, that New Zealand was correctly described as the Realm of New Zealand
, which includes the self-governing territories of the Cook Islands
and Niue
.
On the election of a National
Government promising to abolish the Legislative Council in 1950, the Council was stacked with the so-called "suicide squad" to allow the passage of the Legislative Council Abolition Act 1950 by the House of Representatives to abolish the Upper House. Despite proposals to re-establish an upper house, notably Jim Bolger
's Senate proposal in 1990, New Zealand's Parliament remains unicameral.
In 1960 the Constitutional Society for Economic Freedom and Justice (CSEFJ) was formed to advocate a written constitution, restoration of the upper house of Parliament and a Bill of Rights. The society presented a petition to Parliament for a written constitution in 1961.
Labour
Government in 1984, a constitutional crisis arose. The incumbent Prime Minister Sir Robert Muldoon
refused to implement the instructions of Prime Minister-elect David Lange
to devalue the New Zealand dollar
to head off a speculative run on the dollar. The crisis was resolved once Muldoon relented three days later, under pressure from his own Cabinet, which threatened to install the Attorney-General Jim McLay
in place of Muldoon.
Along with this Act, Parliament also passed the Imperial Laws Application Act 1988
to clarify which Imperial and English Acts are to apply to New Zealand.
in statute for the first time and created the quasi-judicial Waitangi Tribunal
to address alleged breaches of the Treaty of Waitangi. The 1985 amendment included the Māori version of the Treaty (Te Tiriti o Waitangi) in statute for the first time and empowered the Waitangi Tribunal to consider claims dating back to 1840.
in 1986. The Commission suggested New Zealand change to the Mixed-Member Proportional ('MMP') electoral system. Two referendums were held during the 1990s on the issue, with MMP being adopted in 1993 and implemented in 1996.
1990. This Act puts New Zealand’s commitment to the 1977 International Covenant on Civil and Political Rights
(ICCPR) into effect in New Zealand Law. However, the Act is neither entrenched nor supreme law (as was mooted in the White Paper of 1985) and can be repealed by a simple majority of Parliament.
Certain aspects of the constitution are entrenched, after a fashion. Section 268 of the Electoral Act declares that the law governing the maximum term of Parliament (itself part of the Constitution Act), along with certain provisions of the Electoral Act relating to the redistribution
of electoral boundaries, the voting age, and the secret ballot
, may only be altered either by three-quarters of the entire membership of the House of Representatives, or by a majority of valid votes in a popular referendum
. Section 268 itself is not protected by this provision, so a government could legally repeal Section 268 and go on to alter the entrenched portions of law, both with a mere simple majority
in Parliament. However, the entrenchment provision has enjoyed longstanding bipartisan support, and the electoral consequences of using a legal loophole to alter an entrenched provision would likely be severe.
Further, and even though not subject to legislative entrenchment, material change to other aspects of the constitution is unlikely to occur absent broad-based support, either through broad legislative agreement or by referendum.
to enact constitutional change in New Zealand, except for the electoral system and term of parliament. However, there have been several referendums in New Zealand's history, most recently to decide the nature of electoral reform in New Zealand
. Many groups advocate constitutional reform by referendum, for example the Republican Movement
supports a referendum on a republic
. The Privy Council
as New Zealand's highest court of appeal was replaced by the Supreme Court of New Zealand
by a simple Act of Parliament despite calls from New Zealand First
, National
and ACT for a referendum to be called on the issue.
The Citizens Initiated Referenda Act 1993 allows for non-binding referendums on any issue should proponents submit a petition to Parliament signed by 10% of registered electors. In 1999
one such referendum was held, on the question of whether the number of Members of Parliament should be reduced from 120 to 99. Electors overwhelmingly voted in favour of the proposal. However, there were no moves to amend the Electoral Act 1993 in line with this result until 2006 when a bill was introduced by New Zealand First
MP Barbara Stewart
to reduce the size of Parliament to 100. The bill passed its first reading by 61 votes to 60, but was voted down at its second reading.
The lack of implementation of referendums has led to calls for such referendums to be made binding on the government of the day, similar to the direct democracy seen in Switzerland. Both the New Zealand First
Party and the Kiwi Party advocate binding referendums, along with the Better Democracy
group. However, neither are currently represented within the New Zealand Parliament, and current New Zealand Prime Minister John Key
opposes binding referenda, as do many legal academics and members of New Zealand's LGBT communities.
Referendum on constitutional issues in New Zealand (outcome in bold)
announced the formation of a select committee of the House of Representatives to conduct an Inquiry into New Zealand's existing constitutional arrangements. Both the National Party
and New Zealand First
did not participate. Beginning in 2005, the Constitutional Arrangements Committee's Inquiry was conducted under five terms of reference, identifying and describing:
The Committee made three key recommendations to the Government:
On 2 February 2006, the Government responded to the report of the Committee. The Government responded favourably to the first and second recommendations, but did not support the third recommendation.
and the Māori Party
, starting in 2011.
The review will be made up of an advisory panel which will support the ministers Bill English
and Pita Sharples
, who will make a final report to Cabinet by the end of 2013. The Government will respond within six months. The ministers' first report to Cabinet – agreed on the make-up of the advisory panel, a plan for public engagement and how the review will interact with other government projects with a constitutional dimension, such as the referendum on MMP. On 4 August 2011 the make-up of the advisory committee was announced:
Co-chairs:
Members:
The review will take a break in the second half of 2011 to allow for the general election, before resuming in 2012. The ministers will then provide six-monthly reports to Cabinet.
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
, decisions of the Courts and unwritten constitutional convention
Constitutional convention (political custom)
A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most...
s. As with the United Kingdom
Constitution of the United Kingdom
The constitution of the United Kingdom is the set of laws and principles under which the United Kingdom is governed.Unlike many other nations, the UK has no single core constitutional document. In this sense, it is said not to have a written constitution but an uncodified one...
, there is no one supreme document
Unwritten constitution
An uncodified or unwritten constitution is a constitution in which no single, formal document delineates the powers of a government, and the limits thereof...
; the New Zealand constitution is not codified or, with the exception of certain electoral law, formally entrenched
Entrenchment clause
An entrenched clause or entrenchment clause of a constitution is a provision which makes certain amendments either more difficult than others or impossible...
.
New Zealand is a constitutional monarchy
Constitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...
with a parliamentary system of government. This system is often known as the Westminster system
Westminster System
The Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom....
, although that term is increasingly inapt given constitutional developments peculiar to New Zealand. The head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
and source of executive, judicial and legislative power in New Zealand is the monarch
Monarchy in New Zealand
The monarchy of New Zealand also referred to as The Crown in Right of New Zealand, Her Majesty in Right of New Zealand, or The Queen in Right of New Zealand is the constitutional system of government in which a hereditary monarch is the sovereign and head of state of the Realm of New Zealand,...
, currently Queen Elizabeth II. The Queen
Monarchy in New Zealand
The monarchy of New Zealand also referred to as The Crown in Right of New Zealand, Her Majesty in Right of New Zealand, or The Queen in Right of New Zealand is the constitutional system of government in which a hereditary monarch is the sovereign and head of state of the Realm of New Zealand,...
is represented in the Realm of New Zealand
Realm of New Zealand
The Realm of New Zealand is the entire area in which the Queen in right of New Zealand is head of state. The Realm comprises New Zealand, the Cook Islands, Niue, Tokelau and the Ross Dependency in Antarctica, and is defined by a 1983 Letters Patent constituting the office of Governor-General of New...
by a Governor-General
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....
.
Elements of the constitution
The Constitution Act describes the three branches of Government in New Zealand: The Executive (the Cabinet), the legislature (the Sovereign in Parliament) and the judiciary (Courts).Sovereign
New Zealand is a constitutionalConstitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...
or limited monarchy. The underlying principle is democracy, with political power is exercised through a democratically-elected parliament – this is often stated as "The Queen reigns but the government rules so long as it has the support of the House of Representatives." The monarchy
Monarchy in New Zealand
The monarchy of New Zealand also referred to as The Crown in Right of New Zealand, Her Majesty in Right of New Zealand, or The Queen in Right of New Zealand is the constitutional system of government in which a hereditary monarch is the sovereign and head of state of the Realm of New Zealand,...
in New Zealand has been legally distinct from the British monarchy
Monarchy of the United Kingdom
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
since New Zealand ratified 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...
with the Statute of Westminster Adoption Act
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...
in 1947. The British Crown and New Zealand Crown are thus legally distinct.
Part one of the Constitution Act 1986 describes "The Sovereign", the reigning Monarch, as New Zealand's Head of State
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
. Section 2(1) of the Act declares "The Sovereign in right of New Zealand" as Head of state, section 5(1) describes the Sovereign's successor as being "...determined in accordance with the enactment of the Parliament of England intituled The Act of Settlement
Act of Settlement 1701
The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...
". This means that the Head of State of the United Kingdom under the Act of Settlement 1701 is also the Head of State of New Zealand. Under the Imperial Laws Application Act 1988, however, the Act of Settlement is deemed a New Zealand Act, which may be amended only by the New Zealand Parliament.
There have occasionally been proposals to abolish the monarchy and establish a republic
Republicanism in New Zealand
Republicanism in New Zealand is a theoretical political concept, the implementation of which would result in changing New Zealand's current constitutional monarchy to that of a republic...
. Unlike its neighbour Australia, New Zealand has not yet held a referendum on the matter, but a number of prominent politicians (including the current Prime Minister, John Key) believe that an eventual move to republicanism is inevitable. Opinion polls however have shown that a majority of New Zealanders favour keeping the monarchy.
Governor-General
The Sovereign's representative in and over the Realm of New ZealandRealm of New Zealand
The Realm of New Zealand is the entire area in which the Queen in right of New Zealand is head of state. The Realm comprises New Zealand, the Cook Islands, Niue, Tokelau and the Ross Dependency in Antarctica, and is defined by a 1983 Letters Patent constituting the office of Governor-General of New...
is the Governor-General
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....
. The Office is largely ceremonial, although the Governor-General holds a number of so-called 'reserve powers'. The Office is nominally non-partisan, the Prime Minister
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...
advises the Sovereign who to appoint as the Governor-General.
Increasingly, the Governor-General represents New Zealand abroad and is accorded the same respect and privileges of a Head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
. It can be argued that the de facto head of state is the Governor-General while the de jure
De jure
De jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".De jure = 'Legally', De facto = 'In fact'....
head of state remains the Sovereign.
Executive
The Head of Government of New Zealand is the Prime MinisterPrime 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...
. The Cabinet
New Zealand Cabinet
The Cabinet of New Zealand functions as the policy and decision-making body of the executive branch within the New Zealand government system...
, which is responsible to Parliament, exercises executive authority. (The Cabinet forms the practical expression of a formal body known as the Executive Council
Executive Council of New Zealand
The Executive Council of New Zealand is the body which legally serves the functions of the Cabinet. It has a function similar to that served by the Privy Council in the United Kingdom...
.) The Prime Minister
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...
, as the leader
Leadership
Leadership has been described as the “process of social influence in which one person can enlist the aid and support of others in the accomplishment of a common task". Other in-depth definitions of leadership have also emerged.-Theories:...
of the political party or coalition of parties holding or having the support of a majority of seats in the House of Representatives, leads the Cabinet. All Cabinet Ministers must be Members of Parliament (MPs) and are collectively responsible to it.
Legislature
New Zealand has a unicameral Parliament, the House of RepresentativesNew 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....
, which has at least 120 Members. Since 1996, New Zealand has used the mixed member proportional (MMP) system, which is essentially 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...
with single member seats
New Zealand electorates
An electorate is a voting district for elections to the Parliament of New Zealand. In informal discussion, electorates are often called seats. The most formal description, electoral district, is rarely seen outside of electoral legislation. Before 1996, all Members of Parliament were directly...
(that can affect the proportionality of the House, but only to a limited degree). Seven seats
Maori 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...
are currently reserved
Reserved political positions
Several politico-constitutional arrangements use reserved political positions, especially when endeavoring to ensure the rights of minorities or preserving a political balance of power...
for members elected on a separate Māori roll. However, Māori may choose to vote in and to run for the non-reserved seats, and several have entered Parliament in this way. Parliaments have a maximum term of three years, although an election can be called earlier. In New Zealand, everyone (male and female) aged 18 years and over can vote, with the exception of some prison inmates. Women gained the vote in 1893, making New Zealand the first self-governing state to support Women's suffrage
Women's suffrage
Women's suffrage or woman suffrage is the right of women to vote and to run for office. The expression is also used for the economic and political reform movement aimed at extending these rights to women and without any restrictions or qualifications such as property ownership, payment of tax, or...
.
Judiciary
New Zealand's judiciary is a hierarchy consisting of the Supreme Court of New ZealandSupreme Court of New Zealand
The Supreme Court of New Zealand is the highest court and the court of last resort in New Zealand, having formally come into existence on 1 January 2004. The court sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London...
, the Court of Appeal of New Zealand
Court of Appeal of New Zealand
The Court of Appeal of New Zealand, located in Wellington, is New Zealand’s principal intermediate appellate court. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court...
, the High Court of New Zealand
High Court of New Zealand
The High Court of New Zealand is a superior court of New Zealand. It was established in 1841 and known as the Supreme Court of New Zealand until 1980....
, and the District Courts. These courts are all of general jurisdiction. There are several other courts of specialist jurisdiction, including the Employment Court, the Environment Court and the Māori Land Court
Maori Land Court
The Māori Land Court is the specialist court in New Zealand that hears matters relating to Māori land.The Māori Land Court was established in 1865 as the Native Land Court. In 1954, the name was changed to the Māori Land Court...
, as well as the Family Court and the Youth Court, which operate as specialised divisions of the District Courts. There are also a number of specialised tribunals which operate in a judicial or quasi-judicial capacity, such as the Disputes Tribunal, the Tenancy Tribunal and the Waitangi Tribunal
Waitangi Tribunal
The Waitangi Tribunal is a New Zealand permanent commission of inquiry established under the Treaty of Waitangi Act 1975...
.
New Zealand law has three principal sources: English common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
; certain statutes of the United Kingdom Parliament enacted before 1947 (notably the Bill of Rights 1689
Bill of Rights 1689
The Bill of Rights or the Bill of Rights 1688 is an Act of the Parliament of England.The Bill of Rights was passed by Parliament on 16 December 1689. It was a re-statement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689 ,...
); and statutes of the New Zealand Parliament. In interpreting common law, there is a rebuttable presumption in support of uniformity with common law as interpreted in the United Kingdom and related jurisdictions. Non-uniformity arises where the New Zealand courts consider local conditions to warrant it or where the law has been codified by New Zealand statute. The maintenance of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
in London as the final court of appeal and judges' practice of tending to follow British decisions, even though, technically, they are not bound by them, both bolstered this presumption. The Supreme Court of New Zealand
Supreme Court of New Zealand
The Supreme Court of New Zealand is the highest court and the court of last resort in New Zealand, having formally come into existence on 1 January 2004. The court sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London...
, which was established by legislation in October 2003 and which replaced the Privy Council for future appeals, has continued to develop the presumption.
The Treaty of Waitangi
The constitutional place of the Treaty of Waitangi is a subject of much debate. Increasingly, the Treaty is seen as an important source of constitutional law. Indeed, references to the "Principles of the Treaty of Waitangi" appear in a number of statutes, although the principles themselves have not been defined in statute. They are instead defined by a common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
decision of the Court of Appeal
Court of Appeal of New Zealand
The Court of Appeal of New Zealand, located in Wellington, is New Zealand’s principal intermediate appellate court. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court...
from 1987, the famous "Lands case" brought by the New Zealand Māori Council (New Zealand Māori Council v Attorney-General). There was great concern within Māoridom at that time that the ongoing restructuring of the New Zealand economy by the then Fourth Labour Government
Fourth Labour Government of New Zealand
The Fourth Labour Government of New Zealand was the government of New Zealand from 26 July 1984 to 2 November 1990. It enacted major social and economic reforms, including reformation of the tax system. The economic reforms were known as Rogernomics after Finance Minister Roger Douglas...
, specifically the transfer of assets from former government departments to State-owned enterprises. Because the state-owned enterprises were essentially private firms owned by the government, they would prevent assets which had been given by Māori for use by the state from being returned to Māori by the Waitangi Tribunal
Waitangi Tribunal
The Waitangi Tribunal is a New Zealand permanent commission of inquiry established under the Treaty of Waitangi Act 1975...
. The Māori Council sought enforcement of section 9 of the State Owned Enterprises Act 1986 "Nothing in this act shall permit the Crown to act in a manner that is inconsistent with the principles of the Treaty of Waitangi".
The text of the Treaty itself is included in the Treaty of Waitangi Act 1975, an act which established the Waitangi Tribunal
Waitangi Tribunal
The Waitangi Tribunal is a New Zealand permanent commission of inquiry established under the Treaty of Waitangi Act 1975...
to determine issues of breaches of the Treaty. The Act was initially prospective, but was later amended in 1985 so that claims dating from the signing of the Treaty could be investigated. The 1985 amendment also included the Māori
Maori language
Māori or te reo Māori , commonly te reo , is the language of the indigenous population of New Zealand, the Māori. It has the status of an official language in New Zealand...
text of the Treaty for the first time.
Bill of Rights
The New Zealand Bill of Rights ActNew Zealand Bill of Rights Act
The New Zealand Bill of Rights Act 1990 is a statute of the New Zealand Parliament setting out the rights and fundamental freedoms of the citizens of New Zealand as a Bill of rights...
1990 sets out the civil and political rights of New Zealand citizens against the three branches of government and entities and persons exercising public functions. The Act is not entrenched or supreme law, and can in theory be amended by Parliament by a simple majority but may be subject to an emerging constitutional convention that requires general support for any material change.
Early history
Prior to European Settlement of New Zealand, Māori society was based largely around tribal units with no national governing body. As contact with Europeans increased, there arose a need for a single governing entity. In 1788, the colony of New South WalesNew South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
was founded. According to Governor Phillip
Arthur Phillip
Admiral Arthur Phillip RN was a British admiral and colonial administrator. Phillip was appointed Governor of New South Wales, the first European colony on the Australian continent, and was the founder of the settlement which is now the city of Sydney.-Early life and naval career:Arthur Phillip...
's amended Commission dated 25 April 1787, the colony included "all the islands adjacent in the Pacific Ocean" and running westward on the continent to the 135th meridian east
135th meridian east
The meridian 135° east of Greenwich is a line of longitude that extends from the North Pole across the Arctic Ocean, Asia, the Pacific Ocean, Australasia, the Indian Ocean, the Southern Ocean, and Antarctica to the South Pole....
. Until 1840, this technically included New Zealand, but the New South Wales administration had little interest in New Zealand. Amid increasing lawlessness and dubious land transactions between Māori and Europeans, the British Colonial Office appointed James Busby
James Busby
James Busby is widely regarded as the "father" of the Australian wine industry, as he took the first collection of vine stock from Spain and France to Australia. Later he become a British Resident who traveled to New Zealand, involved in the drafting of the Declaration of the Independence of New...
as British Resident to New Zealand.
Busby convened the Confederation of Chiefs of the United Tribes of New Zealand
United Tribes of New Zealand
The United Tribes of New Zealand was a loose confederation of Māori tribes based in the north of the North Island.- History :The confederation was convened in 1834 by British Resident James Busby...
, which adopted the Declaration of Independence of New Zealand at Waitangi
Waitangi, Northland
For the main port and settlement at the Chatham Islands, see Waitangi, Chatham IslandsWaitangi is a township located in the Bay of Islands on the North Island of New Zealand. It is located close to the town of Paihia , 60 kilometres north of Whangarei...
in 1835. While this Declaration was acknowledged by King William IV, it did not provide a permanent solution to the issue of governance. In 1839 Letters Patent purported to extend the jurisdiction of the colony of New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
to New Zealand, in effect to annexe "...any territory which is or may be acquired... within that group of Islands known as New Zealand". The exact legal effect is unknown, however the Colonial Office recognised that it had not annexed New Zealand by its subsequent actions. It later appointed Captain William Hobson
William Hobson
Captain William Hobson RN was the first Governor of New Zealand and co-author of the Treaty of Waitangi.-Early life:...
to acquire British sovereignty over New Zealand by Treaty.
On 6 February 1840, the Treaty of Waitangi
Treaty of Waitangi
The Treaty of Waitangi is a treaty first signed on 6 February 1840 by representatives of the British Crown and various Māori chiefs from the North Island of New Zealand....
(Te Tiriti o Waitangi) is first signed at Waitangi
Waitangi, Northland
For the main port and settlement at the Chatham Islands, see Waitangi, Chatham IslandsWaitangi is a township located in the Bay of Islands on the North Island of New Zealand. It is located close to the town of Paihia , 60 kilometres north of Whangarei...
. On the 21 May Hobson issued proclamations of British Sovereignty over New Zealand. The basis of the proclamations was discovery of the South Island
South Island
The South Island is the larger of the two major islands of New Zealand, the other being the more populous North Island. It is bordered to the north by Cook Strait, to the west by the Tasman Sea, to the south and east by the Pacific Ocean...
and Treaty for the North Island
North Island
The North Island is one of the two main islands of New Zealand, separated from the much less populous South Island by Cook Strait. The island is in area, making it the world's 14th-largest island...
. The proclamations were largely made in response to the New Zealand Company
New Zealand Company
The New Zealand Company originated in London in 1837 as the New Zealand Association with the aim of promoting the "systematic" colonisation of New Zealand. The association, and later the company, intended to follow the colonising principles of Edward Gibbon Wakefield, who envisaged the creation of...
settlements in Port Nicholson (Wellington
Wellington
Wellington is the capital city and third most populous urban area of New Zealand, although it is likely to have surpassed Christchurch due to the exodus following the Canterbury Earthquake. It is at the southwestern tip of the North Island, between Cook Strait and the Rimutaka Range...
and Britannia, later Petone
Petone
Petone is a major suburb of the city of Lower Hutt in New Zealand. It is located at the southern end of the narrow triangular plain of the Hutt River, on the northern shore of Wellington Harbour...
) establishing their own 12-member governing council. Hobson sought to prevent the establishment of what he saw as a 'republic', that is, an independent state outside of his jurisdiction. Later that year Letters Patent were issued pursuant to the New South Wales Continuance Act (Imperial), which recognised New Zealand as a dependency (sub-colony) of New South Wales. Hobson was then declared Lieutenant-Governor of New Zealand and divided the colony into two provinces
Provinces of New Zealand
The Provinces of New Zealand existed from 1841 until 1876 as a form of sub-national government. They were replaced by counties, which were themselves replaced by districts.Following abolition, the provinces became known as provincial districts...
(North Island—New Ulster, South Island—New Munster) after the Northern and Southern Irish provinces
Provinces of Ireland
Ireland has historically been divided into four provinces: Leinster, Ulster, Munster and Connacht. The Irish word for this territorial division, cúige, literally meaning "fifth part", indicates that there were once five; the fifth province, Meath, was incorporated into Leinster, with parts going to...
. In 1841, New Zealand was established as a colony in its own right.
Self-government
The Imperial Parliament (Westminster) passed the first New Zealand Constitution ActNew Zealand Constitution Act 1846
The New Zealand Constitution Act 1846 was an Act of the Parliament of the United Kingdom intended to grant self-government to the colony of New Zealand, but it was never fully implemented...
empowering the government in New Zealand in 1846. The Act was to be fully implemented in 1848, but was never put in place because the Governor-in-Chief
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....
at the time, Sir George Grey
George Edward Grey
Sir George Grey, KCB was a soldier, explorer, Governor of South Australia, twice Governor of New Zealand, Governor of Cape Colony , the 11th Premier of New Zealand and a writer.-Early life and exploration:...
, declined to apply it for a number of reasons. Instead, the Act was suspended for five years. Grey ruled with the powers of a dictator for the next five years; appointing Provincial councils at his pleasure.
Following the suspension of the 1846 Act, the Imperial Parliament moved again to grant New Zealand self-government with 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...
, which repealed the earlier Constitution Act. This Act was based almost entirely on a draft by Sir George Grey, the main difference being the appointment of the Governor by the Secretary of the Colonies, and not by the (New Zealand) House of Representatives. The new Act did not take effect in New Zealand until 1853.
The Act provided:
- That New Zealand be divided into six provincesProvinces of New ZealandThe Provinces of New Zealand existed from 1841 until 1876 as a form of sub-national government. They were replaced by counties, which were themselves replaced by districts.Following abolition, the provinces became known as provincial districts...
. Each province had an elected Superintendent, and the power to pass sub-ordinate legislation (Ordinances). The Governor retained the right to veto legislation, and the Crown also had a right of disallowanceDisallowance and reservationDisallowance and reservation are constitutional powers that theoretically exist in certain Commonwealth realms to delay or overrule legislation. Originally created to retain the Crown's authority over colonial authorities across the British Empire, these powers are now generally obsolete, or have...
within two years of the Acts passage; - A General Assembly comprising the elected House of RepresentativesParliament of New ZealandThe Parliament of New Zealand consists of the Queen of New Zealand and the New Zealand House of Representatives and, until 1951, the New Zealand Legislative Council. The House of Representatives is often referred to as "Parliament".The House of Representatives usually consists of 120 Members of...
, appointed Legislative Council (Upper House) and the Governor was constituted to pass law for the: "...peace, order and good governmentPeace, order and good governmentIn many Commonwealth jurisdictions, the phrase "peace, order and good government" is an expression used in law to express the legitimate objects of legislative powers conferred by statute...
of New Zealand"; - An Executive CouncilExecutive Council of New ZealandThe Executive Council of New Zealand is the body which legally serves the functions of the Cabinet. It has a function similar to that served by the Privy Council in the United Kingdom...
consisting of the Governor and Ministers.
The first enactment of the first Parliament of New Zealand elected under this Act was the English Laws Act of 1854, which affirmed the application of all English statutes in existence as at 14 January 1840 to New Zealand; specifically the Bill of Rights 1689
Bill of Rights 1689
The Bill of Rights or the Bill of Rights 1688 is an Act of the Parliament of England.The Bill of Rights was passed by Parliament on 16 December 1689. It was a re-statement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689 ,...
, and Habeas Corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
. The powers of the New Zealand Parliament were clarified by the Colonial Laws Validity Act (Imperial) of 1865, which allowed a measured amount of legal independence. Under the Act, the New Zealand Parliament could pass laws inconsistent with British statutes or the common law, so long as Imperial statute was not specifically applicable to New Zealand. Where this occurred, the New Zealand statute would be void.
In 1857 the Parliament of the United Kingdom passed the New Zealand Constitution Amendment Act 1857, which allowed the New Zealand Parliament the ability to amend certain parts of the 1852 Act. This mainly related to proposals for new provinces in New Zealand. Several new provinces were then created by the New Zealand Parliament. The first major repeal of part of the Act came in 1876 with the Abolition of Provinces Act, which repealed section 2 of the Act and abolished the Provinces
Provinces of New Zealand
The Provinces of New Zealand existed from 1841 until 1876 as a form of sub-national government. They were replaced by counties, which were themselves replaced by districts.Following abolition, the provinces became known as provincial districts...
from 1 January 1877, thus centralising New Zealand’s government in its bicameral Parliament.
In 1891 the composition of Legislative Council was changed, Councillors were no longer appointed for life; instead for terms of 7 years with provision for reappointment.
Dominion and Realm
The Imperial Conference of 1907 resolved to allow certain colonies to become independent states, termed 'DominionDominion
A dominion, often Dominion, refers to one of a group of autonomous polities that were nominally under British sovereignty, constituting the British Empire and British Commonwealth, beginning in the latter part of the 19th century. They have included Canada, Australia, New Zealand, Newfoundland,...
s'. Following the Conference, the House of Representatives passed a motion requesting that King Edward VII "take such steps as he may consider necessary; to change New Zealand's official name from 'The Colony of New Zealand' to 'The Dominion of New Zealand'. Prime Minister Sir Joseph Ward
Joseph Ward
Sir Joseph George Ward, 1st Baronet, GCMG was the 17th Prime Minister of New Zealand on two occasions in the early 20th century.-Early life:...
prompted to move to "…raise up New Zealand" and assured that it would "have no other effect than that of doing the country good". On 9 September, a Royal Proclamation granting New Zealand Dominion status was issued by King Edward VII. The proclamation took effect on the 27 September. As a result, the Office of Governor became Governor-General under the Letters Patent 1917 to reflect New Zealand's status as a dominion more fully. The Letters Patent also removed a number of powers the Governor previously held while New Zealand was a colony.
In 1908, two enactments of constitutional importance were passed: the Judicature Act, which describes the Jurisdiction of the New Zealand Judiciary; and the Legislature Act, setting out the powers of Parliament. The latter is now largely repealed, with only certain provisions that codify aspects of parliamentary privilege
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
remaining.
The Imperial Conference of 1926 affirmed the Balfour Declaration of 1926, which stated Britain's Dominions were "equal in status". In respect of the Governor-General, the Declaration stated that they held: "the same position in relation to the administration of public affairs in the Dominion" as was held by the monarch in the United Kingdom. The Governor-General was thus bound by the advice of their responsible ministers.
To give effect to the 1926 conference declarations, 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...
was passed thus lifting the restrictions created by the Colonial Laws Validity Act 1865. The Statute applied to New Zealand but would have to be adopted by the New Zealand Parliament as its own law to have application in New Zealand.
After much debate, this occurred in 1947 with the Statute of Westminster Adoption Act
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...
. At the request of the New Zealand Parliament, Westminster 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...
to grant the New Zealand Parliament gained full sovereign powers to amend or repeal the New Zealand Constitution Act 1852. The Parliament of the United Kingdom could still pass laws at the request of the New Zealand Parliament, however. This residual power, which was used only for the 1947 Amendment Act, was abolished with the passing of the Constitution Act 1986, which repealed the 1852 Constitution Act.
As a result of these changes, New Zealand became a "Realm" legally independent of the United Kingdom, with a legally separate Crown. It was not until the 1983 Letters Patent, the first amendment of the Letters Patent since 1917, that New Zealand was correctly described as the Realm of New Zealand
Realm of New Zealand
The Realm of New Zealand is the entire area in which the Queen in right of New Zealand is head of state. The Realm comprises New Zealand, the Cook Islands, Niue, Tokelau and the Ross Dependency in Antarctica, and is defined by a 1983 Letters Patent constituting the office of Governor-General of New...
, which includes the self-governing territories of the Cook Islands
Cook Islands
The Cook Islands is a self-governing parliamentary democracy in the South Pacific Ocean in free association with New Zealand...
and Niue
Niue
Niue , is an island country in the South Pacific Ocean. It is commonly known as the "Rock of Polynesia", and inhabitants of the island call it "the Rock" for short. Niue is northeast of New Zealand in a triangle between Tonga to the southwest, the Samoas to the northwest, and the Cook Islands to...
.
On the election of a National
New 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:...
Government promising to abolish the Legislative Council in 1950, the Council was stacked with the so-called "suicide squad" to allow the passage of the Legislative Council Abolition Act 1950 by the House of Representatives to abolish the Upper House. Despite proposals to re-establish an upper house, notably 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...
's Senate proposal in 1990, New Zealand's Parliament remains unicameral.
In 1960 the Constitutional Society for Economic Freedom and Justice (CSEFJ) was formed to advocate a written constitution, restoration of the upper house of Parliament and a Bill of Rights. The society presented a petition to Parliament for a written constitution in 1961.
Constitutional crisis
Following the election of the FourthFourth Labour Government of New Zealand
The Fourth Labour Government of New Zealand was the government of New Zealand from 26 July 1984 to 2 November 1990. It enacted major social and economic reforms, including reformation of the tax system. The economic reforms were known as Rogernomics after Finance Minister Roger Douglas...
Labour
New Zealand Labour Party
The New Zealand Labour Party is a New Zealand political party. It describes itself as centre-left and socially progressive and has been one of the two primary parties of New Zealand politics since 1935....
Government in 1984, a constitutional crisis arose. The incumbent Prime Minister Sir Robert Muldoon
Robert Muldoon
Sir Robert David "Rob" Muldoon, GCMG, CH served as the 31st Prime Minister of New Zealand from 1975 to 1984, as leader of the governing National Party. Muldoon had been a prominent member of the National party and MP for the Tamaki electorate for some years prior to becoming leader of the party...
refused to implement the instructions of Prime Minister-elect David Lange
David Lange
David Russell Lange, ONZ, CH , served as the 32nd Prime Minister of New Zealand from 1984 to 1989. He headed New Zealand's fourth Labour Government, one of the most reforming administrations in his country's history, but one which did not always conform to traditional expectations of a...
to devalue the New Zealand dollar
New Zealand dollar
The New Zealand dollar is the currency of New Zealand. It also circulates in the Cook Islands , Niue, Tokelau, and the Pitcairn Islands. It is divided into 100 cents....
to head off a speculative run on the dollar. The crisis was resolved once Muldoon relented three days later, under pressure from his own Cabinet, which threatened to install the Attorney-General Jim McLay
Jim McLay
James Kenneth McLay, CNZM, QSO , generally known as Jim McLay, is a former New Zealand politician. He was Deputy Prime Minister, leader of the National Party and Leader of the Opposition for a short time. McLay is currently New Zealand's Permanent Representative to the United Nations.-Early...
in place of Muldoon.
Officials Committee on Constitutional Reform
The new government formed an Officials Committee on Constitutional Reform to review the transfer of power following the constitutional crisis earlier in the year. As a result of the Committee, the Labour Government released the Bill of Rights White paper and also introduced the Constitution Act, the first major review of the New Zealand Constitution Act for 134 years. Prior to the 1986 Act, only 12 of the 82 provisions of the 1852 Act remained in place. The Act consists of five main parts:- The Sovereign;
- The Executive;
- The Legislature;
- The Judiciary;
- Miscellaneous provisions
Along with this Act, Parliament also passed the Imperial Laws Application Act 1988
Imperial Laws Application Act 1988
The Imperial Laws Application Act 1988 is an important part of New Zealand's uncodified constitution. The Act applies certain enactments of the Parliament of the United Kingdom and its predecessors, rulings of the Privy Council and English common law into New Zealand law.-Background:The first...
to clarify which Imperial and English Acts are to apply to New Zealand.
Treaty of Waitangi
The Labour government also passed the Treaty of Waitangi Amendment Act 1985, which amended the previous Labour government's Treaty of Waitangi Act 1975, which put the Treaty of WaitangiTreaty of Waitangi
The Treaty of Waitangi is a treaty first signed on 6 February 1840 by representatives of the British Crown and various Māori chiefs from the North Island of New Zealand....
in statute for the first time and created the quasi-judicial Waitangi Tribunal
Waitangi Tribunal
The Waitangi Tribunal is a New Zealand permanent commission of inquiry established under the Treaty of Waitangi Act 1975...
to address alleged breaches of the Treaty of Waitangi. The 1985 amendment included the Māori version of the Treaty (Te Tiriti o Waitangi) in statute for the first time and empowered the Waitangi Tribunal to consider claims dating back to 1840.
Electoral system
The fourth Labour government also began the process of electoral reform. It convened the Royal Commission on the Electoral SystemRoyal Commission on the Electoral System
The Royal Commission on the Electoral System was formed in New Zealand in 1985, and reported in 1986. The decision to form the Royal Commission was taken by the Fourth Labour government, after the Labour party had received more votes, yet won fewer seats than the National Party in both the 1978 and...
in 1986. The Commission suggested New Zealand change to the Mixed-Member Proportional ('MMP') electoral system. Two referendums were held during the 1990s on the issue, with MMP being adopted in 1993 and implemented in 1996.
Bill of Rights
The last major constitutional reform of the fourth Labour Government was the New Zealand Bill of Rights ActNew Zealand Bill of Rights Act
The New Zealand Bill of Rights Act 1990 is a statute of the New Zealand Parliament setting out the rights and fundamental freedoms of the citizens of New Zealand as a Bill of rights...
1990. This Act puts New Zealand’s commitment to the 1977 International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
(ICCPR) into effect in New Zealand Law. However, the Act is neither entrenched nor supreme law (as was mooted in the White Paper of 1985) and can be repealed by a simple majority of Parliament.
Reform
Because it is not supreme law, the constitution is in theory comparatively easy to reform, requiring only a majority of Members of Parliament to amend it, as illustrated by the abolition of the Legislative Council in 1950.Certain aspects of the constitution are entrenched, after a fashion. Section 268 of the Electoral Act declares that the law governing the maximum term of Parliament (itself part of the Constitution Act), along with certain provisions of the Electoral Act relating to the redistribution
Redistribution (election)
Redistribution , called redistricting in the United States, is the process of changing of political borders. This is a form of boundary delimitation that changes electoral district boundaries, usually in response to periodic census results that cause malportionment of representation...
of electoral boundaries, the voting age, and the secret ballot
Secret ballot
The secret ballot is a voting method in which a voter's choices in an election or a referendum are anonymous. The key aim is to ensure the voter records a sincere choice by forestalling attempts to influence the voter by intimidation or bribery. The system is one means of achieving the goal of...
, may only be altered either by three-quarters of the entire membership of the House of Representatives, or by a majority of valid votes in a popular referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
. Section 268 itself is not protected by this provision, so a government could legally repeal Section 268 and go on to alter the entrenched portions of law, both with a mere simple majority
Majority
A majority is a subset of a group consisting of more than half of its members. This can be compared to a plurality, which is a subset larger than any other subset; i.e. a plurality is not necessarily a majority as the largest subset may consist of less than half the group's population...
in Parliament. However, the entrenchment provision has enjoyed longstanding bipartisan support, and the electoral consequences of using a legal loophole to alter an entrenched provision would likely be severe.
Further, and even though not subject to legislative entrenchment, material change to other aspects of the constitution is unlikely to occur absent broad-based support, either through broad legislative agreement or by referendum.
Referendum
There is no requirement for a referendumReferendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
to enact constitutional change in New Zealand, except for the electoral system and term of parliament. However, there have been several referendums in New Zealand's history, most recently to decide the nature of electoral reform in New Zealand
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 :...
. Many groups advocate constitutional reform by referendum, for example the Republican Movement
Republican Movement of Aotearoa New Zealand
The Republican Movement of Aotearoa New Zealand is an organisation formed in 1994 whose object is to support the creation of a New Zealand republic . It is Chaired by Lewis Holden. The patron of the Movement is Keri Hulme, a New Zealand writer famous for her 1985 Booker Prize winning novel The Bone...
supports a referendum on a republic
Republicanism in New Zealand
Republicanism in New Zealand is a theoretical political concept, the implementation of which would result in changing New Zealand's current constitutional monarchy to that of a republic...
. The Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
as New Zealand's highest court of appeal was replaced by the Supreme Court of New Zealand
Supreme Court of New Zealand
The Supreme Court of New Zealand is the highest court and the court of last resort in New Zealand, having formally come into existence on 1 January 2004. The court sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London...
by a simple Act of Parliament despite calls from New Zealand First
New Zealand First
New Zealand First is a political party in New Zealand that was founded in 1993, following party founder Winston Peters' resignation from the National Party in 1992...
, National
New 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:...
and ACT for a referendum to be called on the issue.
The Citizens Initiated Referenda Act 1993 allows for non-binding referendums on any issue should proponents submit a petition to Parliament signed by 10% of registered electors. In 1999
New Zealand general election, 1999
The 1999 New Zealand general election was held on 27 November 1999 to determine the composition of the 46th New Zealand Parliament. The governing National Party, led by Prime Minister Jenny Shipley, was defeated, being replaced by a coalition of Helen Clark's Labour Party and the smaller Alliance...
one such referendum was held, on the question of whether the number of Members of Parliament should be reduced from 120 to 99. Electors overwhelmingly voted in favour of the proposal. However, there were no moves to amend the Electoral Act 1993 in line with this result until 2006 when a bill was introduced by New Zealand First
New Zealand First
New Zealand First is a political party in New Zealand that was founded in 1993, following party founder Winston Peters' resignation from the National Party in 1992...
MP Barbara Stewart
Barbara Stewart
Barbara Stewart is a New Zealand politician. She is a member of the New Zealand First party.-Early life:Stewart was born in Wairoa in 1952. She obtained a BEd and a Postgraduate Diploma in Management Studies, both from the University of Waikato...
to reduce the size of Parliament to 100. The bill passed its first reading by 61 votes to 60, but was voted down at its second reading.
The lack of implementation of referendums has led to calls for such referendums to be made binding on the government of the day, similar to the direct democracy seen in Switzerland. Both the New Zealand First
New Zealand First
New Zealand First is a political party in New Zealand that was founded in 1993, following party founder Winston Peters' resignation from the National Party in 1992...
Party and the Kiwi Party advocate binding referendums, along with the Better Democracy
Better Democracy
Better Democracy is a non-partisan lobby group in New Zealand, formed with the objective of bringing about binding citizens initiated referendums as a form of direct democracy...
group. However, neither are currently represented within the New Zealand Parliament, and current New Zealand Prime Minister John Key
John Key
John Phillip Key is the 38th Prime Minister of New Zealand, in office since 2008. He has led the New Zealand National Party since 2006....
opposes binding referenda, as do many legal academics and members of New Zealand's LGBT communities.
Referendum on constitutional issues in New Zealand (outcome in bold)
| Year | Issue | Turnout | Result |
|---|---|---|---|
| 1967 | Term of Parliament | 3 years: 68.1%, 4 years: 31.9% | |
| 1990 | Term of Parliament | 3 years: 69.3%, 4 years: 30.7% | |
| 1992 | Change of electoral system | MMP: 70.3%, SM: 5.5%, STV Single transferable vote The single transferable vote is a voting system designed to achieve proportional representation through preferential voting. Under STV, an elector's vote is initially allocated to his or her most preferred candidate, and then, after candidates have been either elected or eliminated, any surplus or... : 17.5%, AV: 6.6% |
|
| 1993 | New electoral system | 85% | MMP: 54%, FPP: 46% |
| 1999 | Number of Members of Parliament | 81% | 99 MPs: 81.46%, 120 MPs: 18.53% |
Proposals for reform
A poll by TVNZ in 2004 found 82% of those surveyed thought New Zealand should have a "written constitution".Constitutional Arrangements Committee
In November 2004, the Prime Minister Helen ClarkHelen Clark
Helen Elizabeth Clark, ONZ is a New Zealand political figure who was the 37th Prime Minister of New Zealand for three consecutive terms from 1999 to 2008...
announced the formation of a select committee of the House of Representatives to conduct an Inquiry into New Zealand's existing constitutional arrangements. Both the National Party
New 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:...
and New Zealand First
New Zealand First
New Zealand First is a political party in New Zealand that was founded in 1993, following party founder Winston Peters' resignation from the National Party in 1992...
did not participate. Beginning in 2005, the Constitutional Arrangements Committee's Inquiry was conducted under five terms of reference, identifying and describing:
- a) New Zealand's constitutional development since 1840;
- b) the key elements in New Zealand's constitutional structure, and the relationships between those elements;
- c) the sources of New Zealand's constitution;
- d) the process other countries have followed in undertaking a range of constitutional reforms; and
- e) the processes which it would be appropriate for New Zealand to follow if significant constitutional reforms were considered in the future.
The Committee made three key recommendations to the Government:
- 1. That generic principles should underpin all discussions of constitutional change in the absence of any prescribed process,
- 2. That increased effort be made to improve civics and citizenship educations in schools, and
- 3. That the government consider whether an independent institute could foster better public understanding of, and informed debate on, New Zealand's constitutional arrangements.
On 2 February 2006, the Government responded to the report of the Committee. The Government responded favourably to the first and second recommendations, but did not support the third recommendation.
Constitutional Review
In December 2010, a Constitutional Review was announced as part of the confidence and supply agreement between 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:...
and the Māori Party
Maori Party
The Māori Party, a political party in New Zealand, was formed on 7 July 2004. The Party is guided by eight constitutional "kaupapa", or Party objectives. Tariana Turia formed the Māori Party after resigning from the Labour Party where she had been a Cabinet Minister in the Fifth Labour-led...
, starting in 2011.
The review will be made up of an advisory panel which will support the ministers Bill English
Bill English
Simon William "Bill" English is the Deputy Prime Minister, Minister of Finance and Minister of Infrastructure of New Zealand.English entered parliament in 1990 as a National party MP representing the Wallace electorate...
and Pita Sharples
Pita Sharples
Pita Russell Sharples, CBE, , a Māori academic and politician, currently co-leads the Māori Party. He currently is the member for Tamaki Makaurau in New Zealand's Parliament.-Early life:...
, who will make a final report to Cabinet by the end of 2013. The Government will respond within six months. The ministers' first report to Cabinet – agreed on the make-up of the advisory panel, a plan for public engagement and how the review will interact with other government projects with a constitutional dimension, such as the referendum on MMP. On 4 August 2011 the make-up of the advisory committee was announced:
Co-chairs:
- Emeritus Professor John BurrowsJohn BurrowsJohn Burrows was a pitcher in Major League Baseball.Borrows died in an accidental housefire at his home on Weppler Road near Coal Run, Ohio. His ashes are interred in Round Bottom Cemetery , on Ohio 60 between Beverly and Coal Run.-Sources:...
QC - Sir Tipene O'ReganTipene O'ReganSir Tipene O'Regan is a New Zealand academic and company director. Born Stephen Gerard O'Regan, son of Dr Rolland O'Regan and Rena Ruhia , he is a director of a wide range of South Island Maori enterprises...
Members:
- Peter ChinPeter ChinPeter Chin may refer to:* Peter Chin , mayor of Dunedin, New Zealand*Peter Chin Fah Kui, Minister of Energy, Green Technology and Water, Malaysia; also the Member of Parliament for Miri, Sarawak...
– former Mayor of DunedinMayor of DunedinThe Mayor of Dunedin is the head of the municipal government of Dunedin, New Zealand, and presides over the Dunedin City Council. The Mayor is directly elected, using the Single Transferable Vote system in 2007.... - Deborah CoddingtonDeborah CoddingtonDeborah Coddington is a New Zealand journalist and former ACT New Zealand politician.- Pre-political career :Coddington, born in Waipukurau, worked from 1973 to 1984 as a magazine journalist, but in 1985 moved to Russell, a town in the Bay of Islands, where she owned and operated a café and...
– journalist, former ACT New Zealand MP - Hon Dr Michael Cullen – former Labour PartyNew Zealand Labour PartyThe New Zealand Labour Party is a New Zealand political party. It describes itself as centre-left and socially progressive and has been one of the two primary parties of New Zealand politics since 1935....
MP, Deputy Prime Minister of New ZealandDeputy Prime Minister of New ZealandThe Deputy Prime Minister of New Zealand is second most senior officer in the Government of New Zealand, although this seniority does not necessarily translate into power.... - Hon John LuxtonJohn LuxtonMurray John Finlay Luxton, QSO is a former New Zealand National Party politician, and a son of Jack Luxton who had previously held the same seat of Matamata...
– former National PartyNew Zealand National PartyThe 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:...
MP - Bernice MeneBernice MeneBernice Mene MNZM is a New Zealand netball player.Mene represented New Zealand playing netball for the Silver Ferns for tens year, playing 78 tests. She captained the domestic team the Southern Sting from 1998–2003, with the team winning the National Bank Cup each year she captained except for...
– journalist, former Silver Fern netball plater - Dr Leonie Pihama
- Hinurewa Poutu
- Professor Linda Smith
- Peter Tennent – former Mayor of New PlymouthNew PlymouthNew Plymouth is the major city of the Taranaki Region on the west coast of the North Island of New Zealand. It is named after Plymouth, Devon, England, from where the first English settlers migrated....
- Professor Ranginui WalkerRanginui WalkerRanginui Joseph Isaac Walker, DCNZM is a Māori academic and writer living in New Zealand. He was educated at St Peter's Maori College, Auckland, Auckland Teachers' Training College and Auckland University. Walker is a member of the Whakatōhea tribe of Opotiki in the Bay of Plenty. Walker was a...
– Maori academic
The review will take a break in the second half of 2011 to allow for the general election, before resuming in 2012. The ministers will then provide six-monthly reports to Cabinet.
Sources of constitutional law
The constitution includes, but is not limited to, the following sources:| Name | Date | Type | Cabinet Manual | 2008 | Conventions | Describes the conventions of the constitution. |
|---|---|---|---|---|---|---|
| Constitution Act | 1986 | Statute | Describes the three branches of government. Replaced an earlier 1852 Act 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... . |
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| Electoral Act | 1993 | Statute | Describes the election Electoral system of New Zealand In 1994 New Zealand officially adopted mixed member proportional representation as its electoral system for the House of Representatives after many years of first-past-the-post voting. The first MMP election was held in 1996.... of Members of Parliament. |
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| Imperial Laws Application Act Imperial Laws Application Act 1988 The Imperial Laws Application Act 1988 is an important part of New Zealand's uncodified constitution. The Act applies certain enactments of the Parliament of the United Kingdom and its predecessors, rulings of the Privy Council and English common law into New Zealand law.-Background:The first... |
1988 | Statute | Incorporates important British constitutional statutes into New Zealand Law, including Magna Carta Magna Carta Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225... , Bill of Rights (1689), Act of Settlement 1701 Act of Settlement 1701 The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union... . |
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| Judicature Act | 1908 | Statute | Describes the Jurisdiction of the New Zealand Judiciary. | |||
| Letters Patent constituting the office of Governor-General of New Zealand | 1983 | Letters Patent Letters patent Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation... |
Describes the powers of the Monarch, constitutes the office of the Governor-General and the Executive Council Executive Council of New Zealand The Executive Council of New Zealand is the body which legally serves the functions of the Cabinet. It has a function similar to that served by the Privy Council in the United Kingdom... . |
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| New Zealand Bill of Rights Act New Zealand Bill of Rights Act The New Zealand Bill of Rights Act 1990 is a statute of the New Zealand Parliament setting out the rights and fundamental freedoms of the citizens of New Zealand as a Bill of rights... |
1990 | Statute | Enumerates the Rights of Citizens against the state; enacts into law some of New Zealand's obligations under the International Covenant on Civil and Political Rights International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976... . |
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| Supreme Court Act Supreme Court Act 2003 The Supreme Court Act 2003 is an Act of the Parliament of New Zealand which created the Supreme Court of New Zealand as the country's court of final appeal, and which consequentially abolished appeals to the Judicial Committee of the Privy Council in the United Kingdom.-Purpose:Section 3 of the... |
2003 | Statute | Ends appeals to the Judicial Committee of the Privy Council Judicial Committee of the Privy Council The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United... and establishes the Supreme Court of New Zealand Supreme Court of New Zealand The Supreme Court of New Zealand is the highest court and the court of last resort in New Zealand, having formally come into existence on 1 January 2004. The court sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London... as New Zealand's final court of appeal. |
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| Treaty of Waitangi Treaty of Waitangi The Treaty of Waitangi is a treaty first signed on 6 February 1840 by representatives of the British Crown and various Māori chiefs from the North Island of New Zealand.... |
1840 | Treaty | A Treaty between Māori chiefs and the British Crown Monarchy of the United Kingdom The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties... . |
See also
- Constitutional lawConstitutional lawConstitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
- Monarchy in New ZealandMonarchy in New ZealandThe monarchy of New Zealand also referred to as The Crown in Right of New Zealand, Her Majesty in Right of New Zealand, or The Queen in Right of New Zealand is the constitutional system of government in which a hereditary monarch is the sovereign and head of state of the Realm of New Zealand,...
- Republicanism in New ZealandRepublicanism in New ZealandRepublicanism in New Zealand is a theoretical political concept, the implementation of which would result in changing New Zealand's current constitutional monarchy to that of a republic...
- Independence of New ZealandIndependence of New ZealandThe independence of New Zealand is a matter of continued academic and social debate. New Zealand has no fixed date of independence, instead independence came about as a result of New Zealand's evolving constitutional status. New Zealand evolved as one of the British Dominions, colonies within the...
- Electoral reform in New ZealandElectoral reform in New ZealandElectoral 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 :...
External links
- Electoral Commission
- Cabinet Manual on the constitution
- Response of the Government to the Report of the Constitutional Arrangements Committee
- Better Democracy – Group advocating binding citizens-initiated referendums.
- New Zealand Political and constitutional timeline – NZHistory.net.nz