New Zealand Constitution Amendment (Request and Consent) Act 1947
Encyclopedia
The New Zealand Constitution Amendment (Request and Consent) Act 1947 (New Zealand public act no. 38) and New Zealand Constitution Amendment Act 1947 (10 & 11 Geo. VI c. 46) were two enactments passed by the Parliament of New Zealand
and Parliament of the United Kingdom
respectively. The Acts contributed to the independence
of New Zealand
, by granting the Parliament of New Zealand the complete ability to amend the New Zealand Constitution Act 1852
, an enactment of the Parliament of the United Kingdom which established the institutions of responsible government
in New Zealand.
.
When New Zealand adopted the Statute of Westminster 1931
with the Statute of Westminster Adoption Act 1947
, the Parliament of New Zealand gained the ability to amend all enactments that were passed for New Zealand by the British Parliament. However, because the 1857 Act barred the Parliament of New Zealand from amending the Constitution Act, the New Zealand Parliament passed the New Zealand Constitution Amendment (Request and Consent) Act 1947. This was largely due to the desire of the opposition to abolish the New Zealand Legislative Council
, the upper house, which was barred by the 1857 Act.
). This is the only example of the Parliament of New Zealand requesting the Parliament of the United Kingdom legislate on New Zealand's behalf, a process that was abolished with the Constitution Act 1986.
The United Kingdom Act was granted Royal Assent on 10 December 1947. The Legislative Council was abolished in 1951.
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...
and 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...
respectively. The Acts contributed to the independence
Independence of New Zealand
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...
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...
, by granting the Parliament of New Zealand the complete ability to amend the New Zealand Constitution Act 1852
New Zealand Constitution Act 1852
The New Zealand Constitution Act 1852 was an Act of the Parliament of the United Kingdom that granted self-government to the colony of New Zealand...
, an enactment of the Parliament of the United Kingdom which established the institutions of 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 New Zealand.
Background
When the New Zealand Constitution Act 1852 was passed, the General Assembly established under the Act was unable to amend or repeal the Act. However, in 1857 the Parliament of the United Kingdom passed the New Zealand Constitution (Amendment) Act 1857, which allowed the New Zealand General Assembly the ability to amend certain provisions of the Act. This was taken up by the New Provinces Act 1858, and eventually the Abolition of the Provinces Act 1867Provinces 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...
.
When New Zealand adopted 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 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...
, the Parliament of New Zealand gained the ability to amend all enactments that were passed for New Zealand by the British Parliament. However, because the 1857 Act barred the Parliament of New Zealand from amending the Constitution Act, the New Zealand Parliament passed the New Zealand Constitution Amendment (Request and Consent) Act 1947. This was largely due to the desire of the opposition to abolish the New Zealand 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 upper house, which was barred by the 1857 Act.
Effect
The New Zealand Constitution Amendment (Request and Consent) Act 1947, requested that the Parliament of the United Kingdom amend the New Zealand Constitution Act 1852, and consented to such changes (as required by the Statute of Westminster Adoption Act 1947Statute 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 is the only example of the Parliament of New Zealand requesting the Parliament of the United Kingdom legislate on New Zealand's behalf, a process that was abolished with the Constitution Act 1986.
The United Kingdom Act was granted Royal Assent on 10 December 1947. The Legislative Council was abolished in 1951.