Independence of New Zealand
Encyclopedia
The 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 British Empire
which gradually established progressively greater degrees of self-rule. They were always anomalous in international terms, and the attempt to define a "date of independence" in the sense that one can be given for most ex-colonies is not really meaningful. In many ways it is an example of the Sorites Paradox
. However, a consideration of possible dates can help understanding of the processes of change.
to grant the colony's settlers the right to self-governance, only 12 years (in 1853) after the founding of the colony. New Zealand was therefore to all intents and purposes independent in domestic matters from its earliest days as a British colony.
The first major step towards nationhood on the international stage came in 1919 when New Zealand was given a seat in the newly founded League of Nations
. In 1926 the Balfour Declaration declared Britain's Dominions as "equal in status", followed by the creation of the legal basis of independence, established by the Statute of Westminster 1931
which came about mainly at the behest of nationalist elements in South Africa and the Irish Free State
. However, Australia, New Zealand, and Newfoundland were hostile towards this development, and the statute was not adopted in New Zealand until 1947
. Irrespective of any legal developments, many New Zealanders still perceived themselves as a distinctive outlying branch of the British nation until at least the 1970s. This attitude began to change when the United Kingdom joined the European Community in 1973 and abrogated its preferential trade agreements with New Zealand, and gradual nationality and societial changes further eroded the relationship. Thus, New Zealand has no single date of official independence. The concept of a national Independence Day
does not exist in New Zealand.
was signed by the United Tribes of New Zealand
, a loose confederation of Māori tribes from the far north of New Zealand organised by British resident James Busby
. This document recognised Māori independence, and most academics agree this declaration was abrogated five years later by the Treaty of Waitangi
, which ceded the independence (recognised by King William IV of the United Kingdom
) of Māori to the British Crown.
The signing of the Treaty of Waitangi
on 6 February 1840 marked the beginning of organised British colonisation of New Zealand. New Zealand was originally a sub-colony of New South Wales
, but in 1841 it was created a colony in its own right. Waitangi Day
is thus celebrated as New Zealand's national day
. Some constitutional lawyers, such as Moana Jackson
, have argued that the Treaty did not cede total sovereignty of New Zealand to the British Crown, and argue that the Treaty intended to protect tino rangatiratanga
or the absolute independence of Māori. Others dispute this, pointing to the use of the term kawanatanga
(governorship) in the Treaty deducts from rangatiratanga, equating the term to Māori control of Māori assets.
New Zealand became a self-governing colony
in 1853 following the passage of the New Zealand Constitution Act 1852
, which established responsible government
in the colony. The New Zealand Parliament was bound by a number of Acts of the British Parliament, such as the Colonial Laws Validity Act and the Colonial Navy Defence Act 1865 which led to the creation of the Flag of New Zealand
in 1869.
In 1901 New Zealand did not ratify the Australian Constitution, and so rejected membership of the Australian Commonwealth. Hence, on 26 September 1907 the United Kingdom granted New Zealand (along with Newfoundland, which later became a part of Canada) "Dominion
" status within the British Empire
. New Zealand became known as the Dominion of New Zealand
. The date was declared Dominion Day
, but never reached any popularity as a day of independence. As a potential national day, Dominion Day never possessed any emotional appeal, although the term "Dominion
" was popular. The Dominion
newspaper began on Dominion Day, 1907. To regard it as a national independence day is incorrect. With Dominion status, New Zealand did not have any control over its foreign affairs or military; these issues remained the responsibility of Britain.
Despite this new status, there was some apprehension in 1919 when Prime Minister Bill Massey
signed the Treaty of Versailles
(giving New Zealand membership of the League of Nations
), which indicated that New Zealand did have a degree of control over its foreign affairs. Massey was unequivocally an Imperialist, and fervently supported the British Empire.
In 1926, the Balfour Declaration
declared that the British Dominions were equal, which had the effect of granting New Zealand control over its own foreign policy and military. The legislation required to effect this change, the Statute of Westminster 1931
was not adopted by New Zealand until some 16 years later. By 1939, the Governor-General
ceased to be Britain's High Commissioner to New Zealand, instead an independent officer was appointed.
and joining the League of Nations
on 10 January 1920. Under International Law only a sovereign state can sign an international treaty – although New Zealand and the other Dominions signed as part of a "British Empire Delegation", and their names were indented in a list following that of Britain. The significance of the indentation was perhaps deliberately left unclear. The Treaty of Versailles offered membership to any "fully self-governing State, Dominion, or Colony" (Art. 1). Significantly, India, which was not an independent state but a colonial territory (technically an "Empire") was included in this list and even became a member of the League. Thus while the Dominions' signature was a key moment, the case for it as a moment of independence is dubious.
At the 1921 Imperial Conference
British Prime Minister Lloyd George
said: In recognition of their service and achievements during the war, the British Dominions have now been accepted fully into the comity of the nations of the whole world. They are signatories to the Treaty of Versailles and all other treaties of peace. They are members of the Assembly of the League of Nations, and their representatives have already attended meetings of the League. In other words, they have achieved full national status and they now stand beside the United Kingdom as equal partners in the dignities and responsibilities of the British Commonwealth. If there are any means by which that status can be rendered even more clear to their own communities and to the world at large, we shall be glad to have them put forward.
The Balfour Declaration
(not to be confused with the Balfour Declaration of 1917 on Palestine) stated that "They [the Dominions] are autonomous Communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown, and freely associated as members of the British Commonwealth of Nations." This was given legal effect by the Statute of Westminster 1931, which took effect when a given Dominion adopted it. The New Zealand government saw little urgency in the Act and delayed ratification, but for practical purposes 1926 had removed doubts about functional independence. At the opening of the 1930 Imperial Conference which drafted the Statute of Westminster, the Prime Minister of New Zealand
, George Forbes
stated: "New Zealand has not, in any great measure, been concerned with the recent development in the constitutional relations between the members of the British Commonwealth of Nations. We have felt that at all times within recent years we have had ample scope for our national aspirations and ample freedom to carry out in their entirety such measures as have seemed to us desirable."
While in 1914 Britain had decided on war for the whole Empire, in 1939 the Dominions made their own decisions. On 3 September 1939 New Zealand declared war on Germany. Declaration of war is normally regarded as an indication of sovereignty.
, who had been critical of the British policy of appeasement, famously declared "Where [Britain] stands, we stand". Savage's successor, Peter Fraser, did not withdraw New Zealand troops from the Middle East in 1942 (unlike Australia), based on an assessment of New Zealand interests.
In the 1944 Speech from the Throne
the Governor-General announced the Fraser government's intention to adopt the Statute of Westminster. However, there was a strong outcry by the opposition that this would weaken the British Empire in a time of need. In 1946, Fraser instructed Government departments not to use the term "Dominion" any longer. Ironically, the failure of a private members bill to abolish the upper house by future Prime Minister Sidney Holland
led to the adoption of the Statute of Westminster
on 25 November 1947 with the Statute of Westminster Adoption Act 1947
. This Act allowed passing of the New Zealand Constitution Amendment (Request and Consent) Act 1947
, which granted the New Zealand Parliament full legislative powers, extra-territorial control of the New Zealand military forces and legally separated the New Zealand Crown from the British Crown. Thus, the New Zealand Monarchy is legally speaking independent of the British Monarchy.
In 1948, the New Zealand Parliament passed the British Nationality and New Zealand Citizenship Act 1948, altering the New Zealand nationality law
. From 1 January 1949 all New Zealanders became New Zealand citizens. However, New Zealanders remained British subject
s under New Zealand nationality law. Prior to this Act, migrants to New Zealand were classed as either "British" (mainly from the United Kingdom itself, but also other Commonwealth countries such as Australia, South Africa and India) or "Non-British".
At a meeting of Commonwealth prime ministers in 1952 following the death of King George VI, it was agreed that the new Queen Elizabeth could have a royal style and title that was different in each dominion, but with an element common to all the dominions. New Zealand was thus an independent Commonwealth realm
. In 1953 the New Zealand Parliament passed the Royal Style and Titles Act 1953, which formally recognised Queen Elizabeth II as the Queen of the United Kingdom and New Zealand.
In 1967, the first New Zealand-born Governor-General
was appointed to the office, Lord Poritt
(although Lord Bernard Freyberg had previously been appointed in 1946; Freyberg had been born in the United Kingdom, but had lived in New Zealand from a young age). Porritt had also been resident in the United Kingdom for most of his life. The result was a greater focus on new overseas markets for New Zealand goods, mainly in the Asia-Pacific regions.
Some historians argue that a more significant move towards independence in a practical rather than legal sense came in 1973, when Britain joined the European Economic Community
. The move, although anticipated, caused major economic structural adjustment issues, as the vast majority of New Zealand's exports went to Britain at that time.
The election of the nationalist Third Labour Government
of Norman Kirk
in 1972 brought further changes. Kirk's government introduced the Constitution Amendment Act 1973, which altered the New Zealand Constitution Act 1852
so that the New Zealand Parliament could legislate extra-territorially. In Re Ashman the Supreme Court (since renamed the High Court, not to be confused with the contemporary Supreme Court) held that as a result of the 1973 Act, New Zealand had formally severed the New Zealand Crown from the British Crown. The third Labour government also passed the Royal Titles Act 1974
, changing the Queen's style and titles to be solely Queen of New Zealand. The nationality listed in New Zealand passport
s for the passport holder was changed in 1973 from "British Subject and New Zealand Citizen" to simply "New Zealand citizen".
The Letters Patent of 1983 declared New Zealand as the "Realm of New Zealand", and updated the previous Letters Patent of 1917. The final practical constitutional link to Britain of New Zealand's Parliament was removed in 1986 by the Constitution Act 1986
. This Act removed the residual power of the United Kingdom Parliament to legislate for New Zealand at its request and consent. The Imperial Laws Application Act 1988
clarified the application of British laws in New Zealand.
In 1996, New Zealand created its own Knighthood and Honours system. The Honours retained the Victoria Cross but ceased appointments to British Imperial Honours. The Queen's Honours were retained due to their nature as a personal gift and honour from the sovereign.
The fifth Labour government
, led by Helen Clark
, abolished appeals to the Judicial Committee of the Privy Council
and created the Supreme Court of New Zealand
, a move further separating New Zealand from the United Kingdom, though there was provision for cases commenced before then to remain subject to the right of appeal.
MP has introduced a members Bill
for a consultative commission followed by a referendum on the New Zealand flag.
Prime Minister Jim Bolger initiated a debate on the possibility of New Zealand becoming a republic. Bolger argued New Zealand needed to focus more on the Asia-Pacific region, and noted that such a move would be part of a desire to be "independent New Zealanders". Bolger later argued that he did not believe the "Queen of England" should be New Zealand's head of state. Bolger's republicanism met little public enthusiasm, however, and three of his own ministers disowned the policy.
Unlike in Australia, where republican sentiment
has been stronger, there is little agitation for a New Zealand republic
. Neither National or Labour, the two major political parties
currently in parliament have a stated policy of creating a republic, although Peter Dunne
's United Future does and some Members of Parliament have publicly expressed their personal support for a republic. Presently, Prime Minister John Key has said he is "not convinced [a republic] will be a big issue in the short term," but does believe that a republic is "inevitable." There are two special-interest groups representing both sides of the debate in New Zealand, and argue the issue in the media from time to time; Monarchy New Zealand and the Republican Movement of Aotearoa New Zealand
.
The New Zealand public are generally in favour of the retention of the monarchy, with recent polls showing it to have between 50 and 60% support. Polls indicate that many New Zealanders see the monarchy as being of little day-to-day relevance; a One News Colmar Brunton
poll in 2002 found that 58% of the population believed the monarchy has little or no relevance to their lives. National Business Review
poll in 2004 found 57% of respondents believed New Zealand would become a republic "in the future".
However, the institution still enjoys the support of many New Zealanders, particularly those born before the Second World War. Others show a majority of younger New Zealanders support a republic. With the approval of the current monarch, and the position of the Treaty of Waitangi under a republic remaining a concern to Māori and other New Zealanders alike, as well as the question of what constitutional form a republic might take unresolved, support for becoming a republic is still the view of around a third to 40% of the population. On 21 April 2008, the republican movement released a poll of New Zealanders showing 43% support the monarchy should Prince Charles become King of New Zealand, and 41% support a republic under the same scenario. A poll by the New Zealand Herald in January 2010, before a visit by Prince William to the country found 33.3% wanted The Prince of Wales
to be the next monarch, with 30.2% favouring Prince William. 29.4% of respondents preferred a republic in the event The Queen died or abdicated.
On 14 October 2009, a Bill put forward in parliament by Keith Locke
to bring about a referendum on the monarchy was drawn from the ballot of members' Bills and introduced into the House of Representatives. It was presumed that this bill would be binding in New Zealand only, having no effect in the Cook Islands or Niue. The Bill was defeated on 21 April 2010 68 – 53 with one abstention.
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
which gradually established progressively greater degrees of self-rule. They were always anomalous in international terms, and the attempt to define a "date of independence" in the sense that one can be given for most ex-colonies is not really meaningful. In many ways it is an example of the Sorites Paradox
Sorites paradox
The sorites paradox is a paradox that arises from vague predicates. The paradox of the heap is an example of this paradox which arises when one considers a heap of sand, from which grains are individually removed...
. However, a consideration of possible dates can help understanding of the processes of change.
Context
The principles behind the independence of New Zealand began before New Zealand even became a British colony in 1841. There had been minor rebellions in Canada in the 1830s, and in order to avoid making the mistakes which had led to the American revolution, Lord Durham was commissioned to make a report on the government of colonies which contained a substantial British population. The principles of self government within the Empire were laid down in the Durham Report and first put into operation in Nova Scotia in 1848. Canada, New Zealand, and the Australian colonies very soon followed suit. The British Parliament passed the New Zealand Constitution Act 1852New Zealand Constitution Act 1852
The New Zealand Constitution Act 1852 was an Act of the Parliament of the United Kingdom that granted self-government to the colony of New Zealand...
to grant the colony's settlers the right to self-governance, only 12 years (in 1853) after the founding of the colony. New Zealand was therefore to all intents and purposes independent in domestic matters from its earliest days as a British colony.
The first major step towards nationhood on the international stage came in 1919 when New Zealand was given a seat in the newly founded League of Nations
League of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
. In 1926 the Balfour Declaration declared Britain's Dominions as "equal in status", followed by the creation of the legal basis of independence, established by the Statute of Westminster 1931
Statute of Westminster 1931
The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom. Passed on 11 December 1931, the Act established legislative equality for the self-governing dominions of the British Empire with the United Kingdom...
which came about mainly at the behest of nationalist elements in South Africa and the Irish Free State
Irish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
. However, Australia, New Zealand, and Newfoundland were hostile towards this development, and the statute was not adopted in New Zealand until 1947
Statute of Westminster Adoption Act 1947
The Statute of Westminster Adoption Act 1947 was a constitutional Act of the New Zealand Parliament that formally accepted the full external autonomy offered by the British Parliament...
. Irrespective of any legal developments, many New Zealanders still perceived themselves as a distinctive outlying branch of the British nation until at least the 1970s. This attitude began to change when the United Kingdom joined the European Community in 1973 and abrogated its preferential trade agreements with New Zealand, and gradual nationality and societial changes further eroded the relationship. Thus, New Zealand has no single date of official independence. The concept of a national Independence Day
Independence Day
An Independence Day is an annual event commemorating the anniversary of a nation's assumption of independent statehood, usually after ceasing to be a colony or part of another nation or state, and more rarely after the end of a military occupation...
does not exist in New Zealand.
Māori Declaration of Independence (1835)
On 28 October 1835, the Declaration of the Independence of New ZealandDeclaration of the Independence of New Zealand
In New Zealand political and social history, the Declaration of the Independence of New Zealand , was signed by a number of Māori chiefs in 1835, proclaimed the sovereign independence of New Zealand prior to the signing of the Treaty of Waitangi in 1840....
was signed by 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...
, a loose confederation of Māori tribes from the far north of New Zealand organised by British resident 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...
. This document recognised Māori independence, and most academics agree this declaration was abrogated five years later by 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....
, which ceded the independence (recognised by King William IV of the United Kingdom
William IV of the United Kingdom
William IV was King of the United Kingdom of Great Britain and Ireland and of Hanover from 26 June 1830 until his death...
) of Māori to the British Crown.
Colonisation: 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....
on 6 February 1840 marked the beginning of organised British colonisation of New Zealand. New Zealand was originally a sub-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...
, but in 1841 it was created a colony in its own right. Waitangi Day
Waitangi Day
Waitangi Day commemorates a significant day in the history of New Zealand. It is a public holiday held each year on 6 February to celebrate the signing of the Treaty of Waitangi, New Zealand's founding document, on that date in 1840.-History:...
is thus celebrated as New Zealand's national day
National Day
The National Day is a designated date on which celebrations mark the nationhood of a nation or non-sovereign country. This nationhood can be symbolized by the date of independence, of becoming republic or a significant date for a patron saint or a ruler . Often the day is not called "National Day"...
. Some constitutional lawyers, such as Moana Jackson
Moana Jackson
Moana Jackson is a New Zealand Māori lawyer specialising in Treaty of Waitangi and constitutional issues. Moana Jackson is of Ngāti Kahungunu and Ngāti Porou descent...
, have argued that the Treaty did not cede total sovereignty of New Zealand to the British Crown, and argue that the Treaty intended to protect tino rangatiratanga
Tino rangatiratanga
Tino rangatiratanga is a Māori term that can be interpreted as chieftainship. It is probably the most contentious phrase from the Māori version of the Treaty of Waitangi...
or the absolute independence of Māori. Others dispute this, pointing to the use of the term kawanatanga
Kawanatanga
Kāwanatanga is a word from the Māori language of New Zealand. The word kāwanatanga was first used in the Declaration of Independence of New Zealand, 1835. It reappeared in 1840 when the Treaty of Waitangi was being translated from English into Māori. It was used there to translate the concept of...
(governorship) in the Treaty deducts from rangatiratanga, equating the term to Māori control of Māori assets.
New Zealand became a self-governing colony
Self-governing colony
A self-governing colony is a colony with an elected legislature, in which politicians are able to make most decisions without reference to the colonial power with formal or nominal control of the colony...
in 1853 following the passage of 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 established responsible government
Responsible government
Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability which is the foundation of the Westminster system of parliamentary democracy...
in the colony. The New Zealand Parliament was bound by a number of Acts of the British Parliament, such as the Colonial Laws Validity Act and the Colonial Navy Defence Act 1865 which led to the creation of the Flag of New Zealand
Flag of New Zealand
The flag of New Zealand is a defaced Blue Ensign with the Union Flag in the canton, and four red stars with white borders to the right. The stars represent the constellation of Crux, the Southern Cross....
in 1869.
Dominion
In 1901 New Zealand did not ratify the Australian Constitution, and so rejected membership of the Australian Commonwealth. Hence, on 26 September 1907 the United Kingdom granted New Zealand (along with Newfoundland, which later became a part of Canada) "Dominion
Dominion
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,...
" status within the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
. New Zealand became known as the Dominion of New Zealand
Dominion of New Zealand
The Dominion of New Zealand is the former name of the Realm of New Zealand.Originally administered from New South Wales, New Zealand became a direct British colony in 1841 and received a large measure of self-government following the New Zealand Constitution Act 1852...
. The date was declared Dominion Day
Dominion Day
Dominion Day is a commemoration day of the granting of national status in various Commonwealth countries.-Canada:Dominion Day was the name of the holiday commemorating the formation of Canada as a Dominion on 1 July 1867...
, but never reached any popularity as a day of independence. As a potential national day, Dominion Day never possessed any emotional appeal, although the term "Dominion
Dominion
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,...
" was popular. The Dominion
The Dominion Post (Wellington)
The Dominion Post is a metropolitan broadsheet newspaper published in Wellington, New Zealand, owned by the Australian Fairfax group, owners of The Age, Melbourne, and The Sydney Morning Herald.- Foundation :...
newspaper began on Dominion Day, 1907. To regard it as a national independence day is incorrect. With Dominion status, New Zealand did not have any control over its foreign affairs or military; these issues remained the responsibility of Britain.
Despite this new status, there was some apprehension in 1919 when Prime Minister Bill Massey
William Massey
William Ferguson Massey, often known as Bill Massey or "Farmer Bill" served as the 19th Prime Minister of New Zealand from 1912 to 1925, and was the founder of the Reform Party. He is widely considered to have been one of the more skilled politicians of his time, and was known for the particular...
signed the Treaty of Versailles
Treaty of Versailles
The Treaty of Versailles was one of the peace treaties at the end of World War I. It ended the state of war between Germany and the Allied Powers. It was signed on 28 June 1919, exactly five years after the assassination of Archduke Franz Ferdinand. The other Central Powers on the German side of...
(giving New Zealand membership of the League of Nations
League of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
), which indicated that New Zealand did have a degree of control over its foreign affairs. Massey was unequivocally an Imperialist, and fervently supported the British Empire.
In 1926, the Balfour Declaration
Balfour Declaration 1926
The Balfour Declaration of 1926, a report resulting from the 1926 Imperial Conference of British Empire leaders in London, was named after the British statesman Arthur Balfour, first Earl of Balfour, Lord President of the Council and a previous Prime Minister of the United Kingdom...
declared that the British Dominions were equal, which had the effect of granting New Zealand control over its own foreign policy and military. The legislation required to effect this change, 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 not adopted by New Zealand until some 16 years later. By 1939, 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....
ceased to be Britain's High Commissioner to New Zealand, instead an independent officer was appointed.
Treaty of Versailles and the League of Nations
New Zealand signed the Treaty of VersaillesTreaty of Versailles
The Treaty of Versailles was one of the peace treaties at the end of World War I. It ended the state of war between Germany and the Allied Powers. It was signed on 28 June 1919, exactly five years after the assassination of Archduke Franz Ferdinand. The other Central Powers on the German side of...
and joining the League of Nations
League of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
on 10 January 1920. Under International Law only a sovereign state can sign an international treaty – although New Zealand and the other Dominions signed as part of a "British Empire Delegation", and their names were indented in a list following that of Britain. The significance of the indentation was perhaps deliberately left unclear. The Treaty of Versailles offered membership to any "fully self-governing State, Dominion, or Colony" (Art. 1). Significantly, India, which was not an independent state but a colonial territory (technically an "Empire") was included in this list and even became a member of the League. Thus while the Dominions' signature was a key moment, the case for it as a moment of independence is dubious.
At the 1921 Imperial Conference
1921 Imperial Conference
The Imperial Conference of 1921 met in London.At that meeting Canadian Prime Minister Meighen pushed the United Kingdom not to renew the Anglo-Japanese alliance. The opposite side Australia argued to renew it....
British Prime Minister Lloyd George
David Lloyd George
David Lloyd George, 1st Earl Lloyd-George of Dwyfor OM, PC was a British Liberal politician and statesman...
said: In recognition of their service and achievements during the war, the British Dominions have now been accepted fully into the comity of the nations of the whole world. They are signatories to the Treaty of Versailles and all other treaties of peace. They are members of the Assembly of the League of Nations, and their representatives have already attended meetings of the League. In other words, they have achieved full national status and they now stand beside the United Kingdom as equal partners in the dignities and responsibilities of the British Commonwealth. If there are any means by which that status can be rendered even more clear to their own communities and to the world at large, we shall be glad to have them put forward.
1926 Imperial Conference
Balfour Declaration 1926
The Balfour Declaration of 1926, a report resulting from the 1926 Imperial Conference of British Empire leaders in London, was named after the British statesman Arthur Balfour, first Earl of Balfour, Lord President of the Council and a previous Prime Minister of the United Kingdom...
(not to be confused with the Balfour Declaration of 1917 on Palestine) stated that "They [the Dominions] are autonomous Communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown, and freely associated as members of the British Commonwealth of Nations." This was given legal effect by the Statute of Westminster 1931, which took effect when a given Dominion adopted it. The New Zealand government saw little urgency in the Act and delayed ratification, but for practical purposes 1926 had removed doubts about functional independence. At the opening of the 1930 Imperial Conference which drafted the Statute of Westminster, the Prime Minister of New Zealand
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...
, George Forbes
George William Forbes
George William Forbes served as the 22nd Prime Minister of New Zealand from 1930 to 1935. Few expected him to become Prime Minister when he did, and some believed him unsuitable, but he nevertheless remained in that office for five years...
stated: "New Zealand has not, in any great measure, been concerned with the recent development in the constitutional relations between the members of the British Commonwealth of Nations. We have felt that at all times within recent years we have had ample scope for our national aspirations and ample freedom to carry out in their entirety such measures as have seemed to us desirable."
While in 1914 Britain had decided on war for the whole Empire, in 1939 the Dominions made their own decisions. On 3 September 1939 New Zealand declared war on Germany. Declaration of war is normally regarded as an indication of sovereignty.
Statute of Westminster and Realm
At the outset of the Second World War, then Prime Minister Michael Joseph SavageMichael Joseph Savage
Michael Joseph Savage was the first Labour Prime Minister of New Zealand.- Early life :Born in Tatong, Victoria, Australia, Savage first became involved in politics while working in that state. He emigrated to New Zealand in 1907. There he worked in a variety of jobs, as a miner, flax-cutter and...
, who had been critical of the British policy of appeasement, famously declared "Where [Britain] stands, we stand". Savage's successor, Peter Fraser, did not withdraw New Zealand troops from the Middle East in 1942 (unlike Australia), based on an assessment of New Zealand interests.
In the 1944 Speech from the Throne
Speech from the Throne
A speech from the throne is an event in certain monarchies in which the reigning sovereign reads a prepared speech to a complete session of parliament, outlining the government's agenda for the coming session...
the Governor-General announced the Fraser government's intention to adopt the Statute of Westminster. However, there was a strong outcry by the opposition that this would weaken the British Empire in a time of need. In 1946, Fraser instructed Government departments not to use the term "Dominion" any longer. Ironically, the failure of a private members bill to abolish the upper house by future Prime Minister Sidney Holland
Sidney Holland
Sir Sidney George Holland, GCMG, CH was the 25th Prime Minister of New Zealand from 13 December 1949 to 20 September 1957.-Early life:...
led to the adoption of the Statute of Westminster
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...
on 25 November 1947 with the Statute of Westminster Adoption Act 1947
Statute of Westminster Adoption Act 1947
The Statute of Westminster Adoption Act 1947 was a constitutional Act of the New Zealand Parliament that formally accepted the full external autonomy offered by the British Parliament...
. This Act allowed passing of 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...
, which granted the New Zealand Parliament full legislative powers, extra-territorial control of the New Zealand military forces and legally separated the New Zealand Crown from the British Crown. Thus, the New Zealand Monarchy is legally speaking independent of the British Monarchy.
In 1948, the New Zealand Parliament passed the British Nationality and New Zealand Citizenship Act 1948, altering the New Zealand nationality law
New Zealand nationality law
New Zealand citizenship was created on 1 January 1949 by the British Nationality and New Zealand Citizenship Act 1948...
. From 1 January 1949 all New Zealanders became New Zealand citizens. However, New Zealanders remained British subject
British subject
In British nationality law, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981.- Prior to 1949 :...
s under New Zealand nationality law. Prior to this Act, migrants to New Zealand were classed as either "British" (mainly from the United Kingdom itself, but also other Commonwealth countries such as Australia, South Africa and India) or "Non-British".
At a meeting of Commonwealth prime ministers in 1952 following the death of King George VI, it was agreed that the new Queen Elizabeth could have a royal style and title that was different in each dominion, but with an element common to all the dominions. New Zealand was thus an independent Commonwealth realm
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
. In 1953 the New Zealand Parliament passed the Royal Style and Titles Act 1953, which formally recognised Queen Elizabeth II as the Queen of the United Kingdom and New Zealand.
In 1967, the first New Zealand-born 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....
was appointed to the office, Lord Poritt
Arthur Porritt, Baron Porritt
- External links :* * *...
(although Lord Bernard Freyberg had previously been appointed in 1946; Freyberg had been born in the United Kingdom, but had lived in New Zealand from a young age). Porritt had also been resident in the United Kingdom for most of his life. The result was a greater focus on new overseas markets for New Zealand goods, mainly in the Asia-Pacific regions.
Some historians argue that a more significant move towards independence in a practical rather than legal sense came in 1973, when Britain joined the European Economic Community
European Economic Community
The European Economic Community The European Economic Community (EEC) The European Economic Community (EEC) (also known as the Common Market in the English-speaking world, renamed the European Community (EC) in 1993The information in this article primarily covers the EEC's time as an independent...
. The move, although anticipated, caused major economic structural adjustment issues, as the vast majority of New Zealand's exports went to Britain at that time.
The election of the nationalist Third Labour Government
Third Labour Government of New Zealand
The Third Labour Government of New Zealand was the government of New Zealand from 1972 to 1975. During its time in office, it carried out a wide range of reforms in areas such as overseas trade, farming, public works, energy generation, local government, health, the arts, sport and recreation,...
of Norman Kirk
Norman Kirk
Norman Eric Kirk was the 29th Prime Minister of New Zealand from 1972 until his sudden death in 1974. He led the Parliamentary wing of the New Zealand Labour Party from 1965 to 1974. He was the fourth Labour Prime Minister of New Zealand, but the first to be born in New Zealand...
in 1972 brought further changes. Kirk's government introduced the Constitution Amendment Act 1973, which altered 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...
so that the New Zealand Parliament could legislate extra-territorially. In Re Ashman the Supreme Court (since renamed the High Court, not to be confused with the contemporary Supreme Court) held that as a result of the 1973 Act, New Zealand had formally severed the New Zealand Crown from the British Crown. The third Labour government also passed the Royal Titles Act 1974
Royal Titles Act 1974
The Royal Titles Act 1974 changed the New Zealand title of the monarch of New Zealand to 'Elizabeth the Second, by the Grace of God Queen of New Zealand and Her Other Realms and Territories, Head of the Commonwealth, Defender of the Faith.'...
, changing the Queen's style and titles to be solely Queen of New Zealand. The nationality listed in New Zealand passport
New Zealand passport
New Zealand passports are issued to New Zealand citizens for the purpose of international travel. The Department of Internal Affairs is responsible for issuing New Zealand passports.-History:...
s for the passport holder was changed in 1973 from "British Subject and New Zealand Citizen" to simply "New Zealand citizen".
The Letters Patent of 1983 declared New Zealand as the "Realm of New Zealand", and updated the previous Letters Patent of 1917. The final practical constitutional link to Britain of New Zealand's Parliament was removed in 1986 by the Constitution Act 1986
New Zealand Constitution Act 1986
The Constitution Act 1986 is the principal formal statement of New Zealand's Constitution.It ended the last remaining associations of New Zealand with the British Parliament.-1984 constitutional crisis:...
. This Act removed the residual power of the United Kingdom Parliament to legislate for New Zealand at its request and consent. 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...
clarified the application of British laws in New Zealand.
In 1996, New Zealand created its own Knighthood and Honours system. The Honours retained the Victoria Cross but ceased appointments to British Imperial Honours. The Queen's Honours were retained due to their nature as a personal gift and honour from the sovereign.
The fifth Labour government
Fifth Labour Government of New Zealand
The Fifth Labour Government of New Zealand was the government of New Zealand between 10 December 1999 and 19 November 2008.-Overview:The fourth National government, in power since 1990, was widely unpopular by 1999, with much of the public antagonised by a series of free-market economic reforms,...
, led by Helen Clark
Helen 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...
, abolished 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 created 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...
, a move further separating New Zealand from the United Kingdom, though there was provision for cases commenced before then to remain subject to the right of appeal.
Independence in the New Zealand flag debate
There are proposals from time to time for the New Zealand flag to be changed, with proponents of a new flag arguing "[t]he current New Zealand Flag is too colonial and gives the impression that New Zealand is still a British colony and not an independent nation." Charles ChauvelCharles Chauvel (politician)
Charles Pierre Chauvel is a New Zealand lawyer and politician. Since 2006 he has been a Member of Parliament in the New Zealand House of Representatives. He is the first New Zealand MP of Tahitian ancestry...
MP has introduced a members Bill
Private Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...
for a consultative commission followed by a referendum on the New Zealand flag.
Independence in the republic debate
Some New Zealanders see the monarchy of New Zealand to be a final hurdle to full independence. In 1994, NationalNew 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:...
Prime Minister Jim Bolger initiated a debate on the possibility of New Zealand becoming a republic. Bolger argued New Zealand needed to focus more on the Asia-Pacific region, and noted that such a move would be part of a desire to be "independent New Zealanders". Bolger later argued that he did not believe the "Queen of England" should be New Zealand's head of state. Bolger's republicanism met little public enthusiasm, however, and three of his own ministers disowned the policy.
Unlike in Australia, where republican sentiment
Republicanism in Australia
Republicanism in Australia is a movement to change Australia's status as a constitutional monarchy to a republican form of government. Such sentiments have been expressed in Australia from before federation onward to the present...
has been stronger, there is little agitation for a New Zealand 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...
. Neither National or Labour, the two major political parties
Political parties in New Zealand
New Zealand national politics feature a pervasive party system. Usually, all members of Parliament's unicameral House of Representatives belong to a political party. Independent MPs occur relatively rarely...
currently in parliament have a stated policy of creating a republic, although Peter Dunne
Peter Dunne
Peter Dunne is a New Zealand politician and Member of Parliament who leads the United Future political party. He has served as a Cabinet minister in governments dominated by the centre-left Labour Party as well as by the centre-right National Party...
's United Future does and some Members of Parliament have publicly expressed their personal support for a republic. Presently, Prime Minister John Key has said he is "not convinced [a republic] will be a big issue in the short term," but does believe that a republic is "inevitable." There are two special-interest groups representing both sides of the debate in New Zealand, and argue the issue in the media from time to time; Monarchy New Zealand and the Republican Movement of Aotearoa New Zealand
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...
.
The New Zealand public are generally in favour of the retention of the monarchy, with recent polls showing it to have between 50 and 60% support. Polls indicate that many New Zealanders see the monarchy as being of little day-to-day relevance; a One News Colmar Brunton
Colmar Brunton
Colmar Brunton is an international market research agency. It is also Australia's largest independent market research agency.Its head office is in Sydney, Australia, with other offices in the Australian cities of Melbourne, Brisbane, Adelaide and Canberra, as well as in New Zealand and...
poll in 2002 found that 58% of the population believed the monarchy has little or no relevance to their lives. National Business Review
National Business Review
The National Business Review is a weekly New Zealand newspaper aimed at the business sector. The paper is owned by Barry Colman who also publishes the Grocers Review and several other small trade publications....
poll in 2004 found 57% of respondents believed New Zealand would become a republic "in the future".
However, the institution still enjoys the support of many New Zealanders, particularly those born before the Second World War. Others show a majority of younger New Zealanders support a republic. With the approval of the current monarch, and the position of the Treaty of Waitangi under a republic remaining a concern to Māori and other New Zealanders alike, as well as the question of what constitutional form a republic might take unresolved, support for becoming a republic is still the view of around a third to 40% of the population. On 21 April 2008, the republican movement released a poll of New Zealanders showing 43% support the monarchy should Prince Charles become King of New Zealand, and 41% support a republic under the same scenario. A poll by the New Zealand Herald in January 2010, before a visit by Prince William to the country found 33.3% wanted The Prince of Wales
Charles, Prince of Wales
Prince Charles, Prince of Wales is the heir apparent and eldest son of Queen Elizabeth II and Prince Philip, Duke of Edinburgh. Since 1958 his major title has been His Royal Highness The Prince of Wales. In Scotland he is additionally known as The Duke of Rothesay...
to be the next monarch, with 30.2% favouring Prince William. 29.4% of respondents preferred a republic in the event The Queen died or abdicated.
On 14 October 2009, a Bill put forward in parliament by Keith Locke
Keith Locke
Keith James Locke is a current New Zealand MP representing the Green Party who was first elected to parliament in 1999. he is the Green Party spokesperson on Foreign Affairs, Defence, Ethnic Affairs, Pacific Affairs, Human Rights, Immigration, Police and Auckland Transport...
to bring about a referendum on the monarchy was drawn from the ballot of members' Bills and introduced into the House of Representatives. It was presumed that this bill would be binding in New Zealand only, having no effect in the Cook Islands or Niue. The Bill was defeated on 21 April 2010 68 – 53 with one abstention.
External links
- New Zealand sovereignty: 1857, 1907, 1947, or 1987?, Research Report, Parliamentary Library, 28 August 2007.