New Zealand’s Constitution
New Zealand’s constitutional history can be traced back to 1840. Under the Treaty of Waitangi, the Maori people exchanged their sovereignty for the guarantees of the treaty and New Zealand became a British colony. New Zealand is today an independent state, a monarchy with a parliamentary government. Queen Elizabeth II has the title of Queen of New Zealand.
The constitution is concerned with the legislative, executive and judicial organs of government, their composition, powers and duties, and the relationship of these organs. New Zealand’s Constitution Act 1986 brings together in one statute the most important provisions, and clarifies the rules relating to the governmental handover of power. It deals with the main components of New Zealand’s statutory constitutional provisions: the Sovereign, the executive, the legislature and the judiciary. The Act and its provisions are safeguarded by the requirement of a special procedure to make amendments. The Electoral Act 1956 is the only other New Zealand constitutional statute to have such a provision.
A number of United Kingdom Acts (referred to as ‘Imperial Acts’) are still in force as part of the law of New Zealand. Some are historic constitutional Acts, such as the Magna Carta and the Habeas Corpus Act 1679. These Acts are listed and defined in the Imperial Laws’ Application Act 1988.
A Parliamentary Monarchy
A British colony since 1840, national sovereignty was established by the Statute of Westminster in 1947; however, New Zealand remains a monarchy. The Governor-General, Queen Elizabeth II’s representative, summons and dissolves Parliament, and assents to legislation.
The Parliament is made up of 120 members of the House of Representatives, elected under a mixed member proportional (MMP) voting system. General elections are held every three years.
National Leaders
The seat of Government is the
Beehive, situated in Central Wellington, the capital of New Zealand.
The Maoris
The Treaty Of WaitangiThe
hapu and
iwi are the indigenous tribes and sub-tribes
of New Zealand and their peoples now comprise about 14.5% of the population. In 1840 they signed a compact agreeing to exchange their governance for the guarantees of the Treaty of Waitangi. This treaty established the modern nation of New Zealand.
While the treaty has always been recognised and valued within Maori society, it could not be enforced in the courts as it has never been incorporated into statute law. In a landmark Court of Appeal case
(New Zealand Maori Council v Attorney General, 1987) the special relationship between the Maori people and the Crown was interpreted by the Court as requiring the partners to act reasonably and with the utmost good faith towards each other. A number of Acts of Parliament now require the Crown to have regard to the principles of the Treaty of Waitangi, or to Maori interests or a Maori perspective.
Waitangi Tribunal
This tribunal considers claims from any Maori who considers he or she, or any group of Maori of which he or she is a member, is prejudiced by any legislation, policy or practice by or on behalf of the Crown which is inconsistent with the principles of the Treaty of Waitangi.
In the year 1991-92 the major report completed was that concerning the Te Roroa claim in the Dargaville area. Beginning 30 June 1992 hearings and conferences were held on 17 claims. Some of the areas under examination were the Ngai Tahu fisheries, Crown Forest assets; Tainui (Waikato River dam); railway lands; geothermal claims; Waikareao Estuary and Wellington Tenths.
The Crown And The Governor-General
The Governor-General is the representative of the Sovereign in New Zealand and exercises the royal powers derived from statute and the general law (prerogative powers). The powers of the Governor-General are set out in the Letters Patent 1983, and it is for the courts to decide on the limits of these powers. The Governor-General’s main role is to arrange for the leader of the majority party in Parliament to form a government. Almost all the powers of the Governor-General are now statutory.
The Crown is part of Parliament and so the Governor-General’s assent is required before bills can become law. The Governor-General is required, however, by constitutional convention and by the Letters Patent, to follow the advice of ministers. In extraordinary circumstances the Governor-General can reject advice if he or she believes that a government is intending to act unconstitutionally. This is known as the ‘reserve power’.
The Sovereign appoints the Governor-General on the Prime Minister’s recommendation, normally for a term of five years.