| Constitution Act 1986 | Parliament of New Zealand
 | | Long title: | An Act to reform the constitutional law of New Zealand, to bring together into one enactment certain provisions of constitutional significance, and to provide that the New Zealand Constitution Act 1852 of the Parliament of the United Kingdom shall cease to have effect as part of the law of New Zealand | | Introduced by: | | | Dates | | Date passed: | 13 December 1986 | | Date of Royal Assent: | | | Commencement: | 1 January 1987 | | Other legislation | | Amendments: | 1987, 1999, 2005 | | Related legislation: | New Zealand Bill of Rights Act 1990, the Electoral Act 1993 | | Status: Current legislation |
The Constitution Act 1986 is the principal formal statement of New Zealand's Constitution. 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. ...
Image File history File links Coat_of_arms_of_New_Zealand. ...
The long title (properly, the title) is one of the parts, together with the short title, and the operative provisions (sections and Schedules), which comprise an Act of Parliament or Bill in the United Kingdom and certain other Commonwealth Realms. ...
December 13 is the 347th day of the year (348th in leap years) in the Gregorian calendar. ...
Year 1986 (MCMLXXXVI) was a common year starting on Wednesday (link displays 1986 Gregorian calendar). ...
// The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of lawmaking by formally assenting to an Act of Parliament. ...
January 1 is the first day of the calendar year in both the Julian and Gregorian calendars. ...
1987 (MCMLXXXVII) was a common year starting on Thursday of the Gregorian calendar. ...
1987 (MCMLXXXVII) was a common year starting on Thursday of the Gregorian calendar. ...
Year 1999 (MCMXCIX) was a common year starting on Friday (link will display full 1999 Gregorian calendar). ...
2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...
The New Zealand Bill of Rights Act 1990 is an enactment of the New Zealand Parliament setting out the rights and fundamental freedoms of the citizens of New Zealand. ...
The constitution of New Zealand consists of a collection of statutes (Acts of Parliament), Treaties, Orders-in-Council, Letters patent, decisions of the Courts and unwritten constitutional conventions. ...
It severed the last remaining ties of New Zealand to the British Parliament. The act repealed and replaced the New Zealand Constitution Act 1852 and the Statute of Westminster and removed the ability for the British (Westminster) parliament to pass laws for New Zealand with the consent of New Zealand's parliament, a legal possibility that had remained in theory but had only been exercised one time (the New Zealand Constitution (Amendment) Act in 1947). The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ...
The New Zealand Constitution Act 1852 was the first enactment to grant the colony of New Zealand self-government. ...
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Background
1984 constitutional crisis -
After the 1984 election, 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 Robert Muldoon was initially unwilling to accept instruction from the Prime Minister elect to devalue the currency. Eventually he relented, but only after his own party caucus had threatened to replace him. The New Zealand constitutional crisis of 1984 was an important constitutional and political event in the history of New Zealand. ...
The 1984 New Zealand general election was a nationwide vote to determine the shape of the New Zealand Parliament. ...
The Third National Government of New Zealand was the government of New Zealand from 1975 to 1984. ...
David Lange led the Fourth Labour government for most of its time in power. ...
The Right Honourable Sir Robert David (Rob) Muldoon GCMG CH (25 September 1921–5 August 1992) served as Prime Minister of New Zealand from 1975 to 1984. ...
An Official Committee on Constitutional Reform was set up 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'. Constitutional convention may refer to: Constitutional convention (political meeting), a meeting of delegates to adopt a new constitution or revise an existing constitution Philadelphia Convention, of 1787, resulted in the United States Constitution Missouri Constitutional Convention (1861-63), Missouris provisional government during American Civil War Constitutional Convention (Australia), four...
Committee's report The Official Committee on Constitutional Reform reported back to Parliament in February 1986[1]. The Committee recommended that New Zealand adopt an Act to restate the various constitutional provisions in a single enactment.
Parliamentary process A Bill was introduced into Parliament in mid-1986, and was passed unanimously with the support of both Labour and National on the 13 December 1986. The act came into force on 1 January 1987. Amendments were passed in 1987 and 1999. January 1 is the first day of the calendar year in both the Julian and Gregorian calendars. ...
1987 (MCMLXXXVII) was a common year starting on Thursday of the Gregorian calendar. ...
Effect The Act repealed the New Zealand Constitution Act 1852, renamed the General Assembly as the "House of Representatives" and removed the right of the Parliament of the United Kingdom to legislate at the consent of the New Zealand Parliament. Australia passed the Australia Act 1986 to similar effect. The New Zealand Constitution Act 1852 was the first enactment to grant the colony of New Zealand self-government. ...
The Houses of Parliament, as seen over Westminster Bridge The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories. ...
Australia Act 1986 (United Kingdom) document, located in Parliament House, Canberra The Australia Act 1986 is an act of the Parliament of Australia (No. ...
Key provisions Wikisource has original text related to this article: The Act consists of four main parts: Image File history File links Wikisource-logo. ...
The original Wikisource logo. ...
Part I: The Sovereign The Electress Sophia The Act of Settlement (12 & 13 Wm 3 c. ...
New Zealand is a constitutional monarchy and a Commonwealth Realm, with Queen Elizabeth II as its reigning monarch, since February 6, 1952. ...
The Governor-General of New Zealand is the representative of the Sovereign in right of New Zealand (currently, Queen Elizabeth II). ...
Part II: The Executive - Ministers of the Crown and members of Executive Council to be, with some timing limitations, Members of Parliament (section 6)
An Executive Council in Commonwealth constitutional practice based on the Westminster system exercizes executive power and is the top tier of a government led by a Governor-General, Governor, Lieutenant-Governor or Administrator (all governors). Until the advent of responsible government, Executive Councils existed primarily to advise the governor of...
Part III: The Legislature The House of Representatives The New Zealand House of Representatives is the legislature of New Zealand. ...
- The House of Representatives noted as the same entity established by the New Zealand Constitution Act 1852 (section 10)
- Oath of allegiance 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 The New Zealand Constitution Act 1852 was the first enactment to grant the colony of New Zealand self-government. ...
The New Zealand Oath of Allegiance is to the New Zealand Monarch. ...
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. ...
- 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 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 Court not to be reduced during the Judge's term
- Section 21, covering bills appropriating public money, was repealed.
The High Court of New Zealand was established in 1841 and known as the Supreme Court until 1980. ...
Entrenchment Only section 17 of the Act (the provision relating to the term of Parliament) 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[2] argue that the Act should be totally entrenched. Sir Geoffrey Winston Russell Palmer, KCMG, AC, PC, (born 21 April 1942), served as Prime Minister of New Zealand from August 1989 until September 1990, leading the Labour Party. ...
- See also: Referendums in New Zealand
Referendums (or referenda) are held only occasionally by the government of New Zealand. ...
See also The Treaty of Waitangi is an increasingly important source of constitutional law in New Zealand The constitution of New Zealand consists of a collection of statutes (Acts of Parliament), Treaties, Orders-in-Council, Letters patent, decisions of the Courts and unwritten constitutional conventions. ...
The independence of New Zealand occurred gradually over the 20th century by a series of Royal proclamations, Imperial Conferences and Acts of the British and New Zealand Parliaments. ...
External links
References - ^ Official Committee on Constitutional Reform: Reports Department of Justice, Wellington February 1986
- ^ Bridled Power by Sir Geoffrey and Matthew Palmer, Oxford University Press, 2001, page 22
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