Statute of Westminster Adoption Act 1947
Encyclopedia
The Statute of Westminster Adoption Act 1947 (Public Act no. 28 of 1947) was a constitutional Act of the New Zealand Parliament that formally accepted the full external autonomy offered by the British Parliament. By passing the Act on 25 November 1947, New Zealand adopted the Statute of Westminster 1931
, an Act of the British
Parliament
which granted full sovereign status and Commonwealth
membership to the Dominion
s ratifying the statute (New Zealand was the last Dominion to do so, as the Dominion of Newfoundland
voted to become a part of Canada in 1949).
, section three allowed the Parliament to legislate extraterritoriality, section four disallowed the Parliament of the United Kingdom to legislate for the Dominion, except by its own consent. Sections five and six relate to jurisdiction over merchant shipping and Courts of Admiralty.
Section two of the Act ensured that, under section four of the Statute, the request and consent of the Parliament of New Zealand was required for any legislation. It also stated existing statutes of the United Kingdom that applied to New Zealand "shall be deemed so to apply and extend as if they have always so applied and extended according to its tenor". This section allowed the Parliament of New Zealand the ability to amend all of the New Zealand Constitution Act 1852
, a power it took up by passing the New Zealand Constitution Amendment (Request and Consent) Act 1947
. The United Kingdom Parliament then passed the New Zealand Constitution Amendment Act 1947 (UK).
. 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."
The First Labour Government
of Peter Fraser had proposed to adopt the statute in its Speech from the Throne
in 1944 (two years after Australia adopted the Act). During the Address-In-Reply debate, the opposition passionately opposed the proposed adoption, claiming the Government was being disloyal to the United Kingdom. National MP for Tauranga
, Frederick Doidge
, argued "With us, loyalty is an instinct as deep as religion".
The proposal was buried. Ironically, the National opposition prompted the adoption of the Statute in 1947 when its leader and future Prime Minister Sidney Holland
introduced a private members' bill to abolish the New Zealand Legislative Council
. Because New Zealand required the consent of the Parliament of the United Kingdom
to amend the New Zealand Constitution Act 1852, Fraser decided to adopt the Statute.
, but Dr Martyn Finlay
rejected this contention. Ronald Algie
raised concerns for the continued access to the Judicial Committee of the Privy Council
, which were again rejected. Appeals to the Privy Council remained in place until 2003, with the creation of the Supreme Court of New Zealand
. Algie also complained the adoption of the Act was due to changes to the status of British subject
s. Other concerns raised included the status of the New Zealand Constitution Act 1852
, and whether the issue was relevant.
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...
, an Act of the British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
Parliament
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...
which granted full sovereign status and Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
membership to the 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,...
s ratifying the statute (New Zealand was the last Dominion to do so, as the Dominion of Newfoundland
Dominion of Newfoundland
The Dominion of Newfoundland was a British Dominion from 1907 to 1949 . The Dominion of Newfoundland was situated in northeastern North America along the Atlantic coast and comprised the island of Newfoundland and Labrador on the continental mainland...
voted to become a part of Canada in 1949).
Effect
The Act's main purpose was to adopt sections two, three, four, five and six of the Statute of Westminster 1931. Section two of the Statute repealed the Colonial Laws Validity Act 1865Colonial Laws Validity Act 1865
The Colonial Laws Validity Act 1865 is an Act of the Parliament of the United Kingdom. Its long title is "An Act to remove Doubts as to the Validity of Colonial Laws"....
, section three allowed the Parliament to legislate extraterritoriality, section four disallowed the Parliament of the United Kingdom to legislate for the Dominion, except by its own consent. Sections five and six relate to jurisdiction over merchant shipping and Courts of Admiralty.
Section two of the Act ensured that, under section four of the Statute, the request and consent of the Parliament of New Zealand was required for any legislation. It also stated existing statutes of the United Kingdom that applied to New Zealand "shall be deemed so to apply and extend as if they have always so applied and extended according to its tenor". This section allowed the Parliament of New Zealand the ability to amend all 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...
, a power it took up by passing 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 United Kingdom Parliament then passed the New Zealand Constitution Amendment Act 1947 (UK).
Background
New Zealand did not adopt the Statute of Westminster 1931 until 1947 on account of a desire not to foster separatism in the British EmpireBritish 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...
. 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."
The First Labour Government
First Labour Government of New Zealand
The First Labour Government of New Zealand was the government of New Zealand from 1935 to 1949. It set the tone of New Zealand's economic and welfare policies until the 1980s, establishing a welfare state, a system of Keynesian economic management, and high levels of state intervention...
of Peter Fraser had proposed to adopt the statute in its 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...
in 1944 (two years after Australia adopted the Act). During the Address-In-Reply debate, the opposition passionately opposed the proposed adoption, claiming the Government was being disloyal to the United Kingdom. National MP for Tauranga
Tauranga
Tauranga is the most populous city in the Bay of Plenty region, in the North Island of New Zealand.It was settled by Europeans in the early 19th century and was constituted as a city in 1963...
, Frederick Doidge
Frederick Doidge
Sir Frederick Widdowson Doidge, GCMG, was a journalist in New Zealand and England, then a National Party member in the New Zealand House of Representatives....
, argued "With us, loyalty is an instinct as deep as religion".
The proposal was buried. Ironically, the National opposition prompted the adoption of the Statute in 1947 when its leader and 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:...
introduced a private members' bill 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:...
. Because New Zealand required the consent 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 amend the New Zealand Constitution Act 1852, Fraser decided to adopt the Statute.
Debate
The Bill to adopt the Statute was introduced at the start of 1947, and came up for its third and final reading on 17 October 1947. Concerns were raised about the place of 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....
, but Dr Martyn Finlay
Martyn Finlay
Allan Martyn Finlay was a New Zealand politician of the Labour Party, a lawyer and Q.C.- Member of Parliament :He represented the North Shore electorate from 1946 to 1949, when he was defeated...
rejected this contention. Ronald Algie
Ronald Algie
Sir Ronald Macmillan Algie was a New Zealand politician who served as Speaker of the House of Representatives for six years in the 1960s. He described himself as "a Tory in the old tradition".-Early life:...
raised concerns for the continued access 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...
, which were again rejected. Appeals to the Privy Council remained in place until 2003, with the creation of 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...
. Algie also complained the adoption of the Act was due to changes to the status of 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. Other concerns raised included the status 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...
, and whether the issue was relevant.
See also
- Statute of Westminster Adoption Act 1942Statute of Westminster Adoption Act 1942The Statute of Westminster Adoption Act 1942 is an Act of the Australian Parliament that formally adopted the Statute of Westminster 1931, an Act of the British Imperial Parliament enabling the legislative independence of the various self-governing Dominions of the British Empire...
- Australian equivalent of the Act - 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...