New Zealand Constitution Act 1986
Encyclopedia
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.
, there was an awkward transfer of power from the outgoing Third National government
to the new Fourth Labour government
in the midst of a financial crisis. Outgoing Prime Minister Sir Robert Muldoon
was unwilling initially to accept instructions from the incoming Prime Minister elect David Lange
to devalue the currency. Eventually he relented, but only after his own party caucus had threatened to replace him.
An Officials Committee on Constitutional Reform was established by the Labour Government to review New Zealand's constitutional law, and the Constitution Act resulted from two reports by this Committee. The issue of the transfer of power from incumbent to elect governments (and hence prime ministers) was not resolved by this Act however, and the transfer of executive
powers remains an unwritten constitutional convention
, known as the 'caretaker convention'.
, renamed the General Assembly as the "House of Representatives" and ended the right of the Parliament of the United Kingdom
to legislate with the consent of the New Zealand Parliament.
Parliament
Parliament and Public Finance
and repealed the Statute of Westminster Adoption Act 1947
and removed the ability for the United Kingdom to pass laws for New Zealand with the consent of New Zealand's parliament.
The last British Act of Parliament passed on behalf of the New Zealand Parliament was the New Zealand Constitution Amendment Act 1947. This Act was passed to allow the Parliament of New Zealand the ability to amend any part of the 1852 Act (a number of sections of the Act were unable to be amended by the Parliament of New Zealand, including provisions establishing the Parliament itself), requested by New Zealand in the New Zealand Constitution Amendment (Request and Consent) Act 1947
. The British Act allowed New Zealand to amend the Constitution Act to abolish the Legislative Council
, the appointed upper house
of parliament originally by the 1852 Act.
It ended the last remaining associations of New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
with the British Parliament.
1984 constitutional crisis
After the 1984 electionNew Zealand general election, 1984
The 1984 New Zealand general election was a nationwide vote to determine the shape of the 41st New Zealand Parliament. It marked the beginning of the Fourth Labour Government, with David Lange's Labour Party defeating long-serving Prime Minister Robert Muldoon of the National Party. It was also the...
, there was an awkward transfer of power from the outgoing Third National government
Third National Government of New Zealand
The Third National Government of New Zealand was the government of New Zealand from 1975 to 1984. It was an economically and socially conservative government, which aimed to preserve the Keynesian economic system established by the First Labour government while also being socially conservative...
to the new 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...
in the midst of a financial crisis. Outgoing 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...
was unwilling initially to accept instructions from the incoming 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 currency. Eventually he relented, but only after his own party caucus had threatened to replace him.
An Officials Committee on Constitutional Reform was established by the Labour Government to review New Zealand's constitutional law, and the Constitution Act resulted from two reports by this Committee. The issue of the transfer of power from incumbent to elect governments (and hence prime ministers) was not resolved by this Act however, and the transfer of executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
powers remains an 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...
, known as the 'caretaker convention'.
Committee's report
The Officials Committee on Constitutional Reform reported back to Parliament during February 1986. The Committee recommended that New Zealand adopt an Act to restate various constitutional provisions in a single enactment, that would replace the New Zealand Constitution Act 1852, thus "patriating" the Constitution Act to New Zealand.Parliamentary process
A Bill was introduced into Parliament during mid-1986, and was passed unanimously with the support of both the Labour and National parties on the 13 December 1986. The act came into force on 1 January 1987. Amendments were passed during 1987 and 1999.Effect
The Act repealed 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...
, renamed the General Assembly as the "House of Representatives" and ended the right of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
to legislate with the consent of the New Zealand Parliament.
Entrenchment
Unusually for constitutional documents, the Constitution Act is not entrenched. However, when the Electoral Act 1993 was passed, it included provision for the entrenchment of section 17 of the Act, the Term of Parliament. Hence the term of Parliament cannot be amended unless an amendment is passed by a majority of 75% of all the members of the House of Representatives or has been carried by a majority of the valid votes cast at a poll of the electors of the General and Maori electoral districts.Part I: The Sovereign
- The head of state of New Zealand is the "Sovereign in Right of New Zealand", known as the King or Queen of 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,...
, and the Sovereign's representative in New Zealand is the Governor GeneralGovernor-General of New ZealandThe 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 succession of the Sovereign is determined by the Act of Settlement 1701Act of Settlement 1701The 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...
, (part of New Zealand law under the Imperial Laws Application Act 1988Imperial Laws Application Act 1988The 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...
) meaning the Sovereign is the same person as the King or Queen of the United KingdomMonarchy of the United KingdomThe 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...
and the 15 other Commonwealth realms.(section 2)
Part II: The Executive
- Ministers of the Crown and members of Executive CouncilExecutive Council (Commonwealth countries)An Executive Council in Commonwealth constitutional practice based on the Westminster system is a constitutional organ which exercises executive power and advises the governor or governor-general. Executive Councils often make decisions via Orders in Council.Executive Councillors are informally...
to be, with some timing limitations, Members of Parliament (section 6)
Part III: The Legislature
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....
- The House of Representatives noted as the same entity established by the New Zealand Constitution Act 1852New Zealand Constitution Act 1852The 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...
(section 10) - Oath of allegianceOath of Allegiance (New Zealand)The New Zealand Oath of Allegiance is defined by the Oaths and Declarations Act 1957. All Oaths can be taken in either Māori or English form. It is possible to take a affirmation, which has the same legal effect as an Oath.-Oath:...
to be taken by members of Parliament (section 11) - Rules relating to the election of speaker and speakers role upon dissolution or expiration of Parliament set out (section 12, section 13)
Parliament
Parliament of New Zealand
The 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...
- Parliament shall consist of the Sovereign in right of New Zealand (the Queen) and the House of Representatives (section 14)
- Parliament to have full power to make laws (section 15)
- Term of Parliament to be 3 years unless sooner dissolved (section 17)
- Parliament shall meet not later than 6 weeks after the day fixed for the return of the writs for that election (section 19)
Parliament and Public Finance
- Bills providing for the appropriation of public money or for the imposition of any charge upon public money not to be passed unless recommended to the House of Representatives by the Crown (section 21)
- Not lawful for Crown, except by or under an Act of Parliament to levy a tax, to raise a loan from any person or to spend any public money (section 22)
Part IV: The Judiciary
- Rules relating to protection of Judges against removal from office set out (section 23)
- Salary of a Judge of the High CourtHigh Court of New ZealandThe 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....
not to be reduced during the Judge's term - Section 21, covering bills appropriating public money, was repealed.
Entrenchment
Only section 17 of the Act (which says that the term of Parliament is "3 years from the day fixed for the return of the writs issued for the last preceding general election of members of the House of Representatives, and no longer.) is entrenched, by section 268 of the Electoral Act 1993. This provision requires that any amendment to section 17 can only be made with a majority of three-quarters (75%) of all votes cast in Parliament, or by a referendum. However, section 268 of the Electoral Act 1993 itself is not entrenched - which means that Parliament could repeal the section itself, and amend section 17 of the Act. Thus, the provision is said to only be 'singly entrenched'. Some academics, including Sir Geoffrey Palmer argue that the Act should be totally entrenched.United Kingdom
The Act replaced 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...
and repealed 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...
and removed the ability for the United Kingdom to pass laws for New Zealand with the consent of New Zealand's parliament.
The last British Act of Parliament passed on behalf of the New Zealand Parliament was the New Zealand Constitution Amendment Act 1947. This Act was passed to allow the Parliament of New Zealand the ability to amend any part of the 1852 Act (a number of sections of the Act were unable to be amended by the Parliament of New Zealand, including provisions establishing the Parliament itself), requested by New Zealand in 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...
. The British Act allowed New Zealand to amend the Constitution Act to abolish the Legislative Council
New Zealand Legislative Council
The Legislative Council of New Zealand was the upper house of the New Zealand Parliament from 1853 until 1951. Unlike the lower house, the New Zealand House of Representatives, the Legislative Council was appointed.-Role:...
, the appointed upper house
Upper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...
of parliament originally by the 1852 Act.
See also
- Constitution of New Zealand
- 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...
- Australia Act 1986Australia Act 1986The Australia Act 1986 is the name given to a pair of separate but related pieces of legislation: one an Act of the Commonwealth Parliament of Australia, the other an Act of the Parliament of the United Kingdom...
- Canada Act 1982Canada Act 1982The Canada Act 1982 is an Act of the Parliament of the United Kingdom that was passed at the request of the Canadian federal government to "patriate" Canada's constitution, ending the necessity for the country to request certain types of amendment to the Constitution of Canada to be made by the...
& Constitution Act, 1982Constitution Act, 1982The Constitution Act, 1982 is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of "patriating" the constitution, introducing several amendments to the British North America Act, 1867, and changing the latter's name in Canada to the Constitution Act, 1867...