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Encyclopedia > New Zealand constitution
The Treaty of Waitangi is an increasingly important source of constitutional law in New Zealand
The Treaty of Waitangi is an increasingly important source of constitutional law in New Zealand
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New Zealand
Picture of the treaty of Waitangi non-creative depiction of PD document. ... Picture of the treaty of Waitangi non-creative depiction of PD document. ... The Treaty of Waitangi The Treaty of Waitangi (Māori: Te Tiriti o Waitangi) was signed on February 6, 1840 at Waitangi in the Bay of Islands, New Zealand. ... Wikiquote has a collection of quotations related to: Politics Look up Politics in Wiktionary, the free dictionary Politics (disambiguation) Democracy History of democracy List of democracy and elections-related topics List of years in politics List of politics by country articles Political corruption Political economy Political movement Political parties of...


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New Zealand coat of arms This image depicts a seal, an emblem, a coat of arms or a crest. ... New Zealand functions as a constitutional monarchy with a parliamentary system of government. ...

Constitution
Parliament
Cabinet
Prime Minister
Deputy Prime Minister
Ministers
Speaker of the House
Leader of the Opposition
Official Opposition
Politicians
Political parties
Political topics
Supreme Court
State sector
Regional authorities
Elections
Electorates

The New Zealand Parliament is the legislative body of the New Zealand government. ... The New Zealand Cabinet is, in practice, the highest body of the New Zealand governments executive branch. ... The Prime Minister of New Zealand is New Zealands head of government and is the leader of the party or coalition with majority support in the Parliament of New Zealand. ... The Deputy Prime Minister of New Zealand is second most senior officer in the Government of New Zealand, although this seniority does not necessarily translate into power. ... Ministers, in the New Zealand government, are Members of Parliament who hold a ministerial warrants from the Crown to perform certain functions of government. ... In New Zealand The Speaker of the House of Representatives is the individual who chairs the countrys legislative body, The House of Representatives (commonly known as Parliament). The Speaker fulfills a number of important functions in relation to the operation Parliament, much of which is based upon the British... The Leader of the Opposition in New Zealand is the politician who, at least in theory, leads the Opposition bloc in the New Zealand Parliament. ... The Official Opposition in New Zealand is usually the largest political party or coalition which is not a member of the ruling government. ... The following is a list of New Zealand politicians, both past and present. ... New Zealand national politics feature a pervasive party system. ... This page lists a number of articles relating to issues, ideas, and events in New Zealand politics. ... The Supreme Court of New Zealand is the highest court of appeal in New Zealand, having formally come into existence at the beginning of 2004, and sitting for the first time on 1 July 2004. ... State sector organisations in New Zealand (as at January 2004) are as follows: Parliamentary Offices Office of the Controller and Auditor-General (Tumuaki o te Mana Arotake) Office of the Ombudsmen (Nga Kaitiaki Mana Tangata) Office of the Parliamentary Commissioner for the Environment (Te Kaitiaki Taiao a Te Whare Pāremata... Region is the formal term for the top tier of local government in New Zealand. ... Members of New Zealands House of Representatives, commonly called Parliament, normally gain their seats in nationwide general elections, or, less frequently, in by-elections. ... In New Zealand, an electorate is a voting district for Parliamentary elections. ...

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. There is no one supreme document, as such the New Zealand constitution is not codified or entrenched. New Zealand's constitution is thus similar to that of the United Kingdom and Israel. In Westminster System parliaments, an Act of Parliament is a part of the law passed by the Parliament. ... An Order-in-Council is an executive order issued in Commonwealth Realms operating under the Westminster system. ... Letters Patent by Queen Victoria creating the office of Governor-General of Australia Letters patent are a type of legal document which is an open letter issued by a monarch or government granting a right, monopoly, title, or status to someone or some entity such as a corporation. ... A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. ... In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject. ...


New Zealand is a constitutional monarchy with a parliamentary system of government. This system is often known as the Westminster system. The head of state and notional source of executive, judicial and legislative power in New Zealand is the monarch, currently Queen Elizabeth II. The Queen is represented in the Realm of New Zealand by a Governor-General. A constitutional monarchy is a form of monarchical government established under a constitutional system which acknowledges a hereditary or elected monarch as head of state. ... A parliamentarian is a specialist in parliamentary procedure. ... The Westminster System - also called Parliamentary System is a democratic system of government modelled after that of the United Kingdom system, as used in the Palace of Westminster, the location of the British parliament. ... The President of the United States visits the President of the Philippines. ... The British monarch or Sovereign is the monarch and head of state of the United Kingdom and its overseas territories, and is the source of all executive, judicial and (as the Queen-in-Parliament) legislative power. ... New Zealands Head of State is currently Queen Elizabeth II, and is given the title Queen of New Zealand. ... New Zealands Head of State is currently Queen Elizabeth II, and is given the title Queen of New Zealand. ... The Realm of New Zealand is the territory in which the Queen in right of New Zealand is head of state. ... Flag of the Governor-General of New Zealand The Governor-General of New Zealand is the representative in the Realm of New Zealand of the Queen of New Zealand, Queen Elizabeth II, and as such is the highest office in the Government of New Zealand. ...

Contents


Sources of constitutional law

The constitution consists, but is not limited to, the following sources (in alphabetical order):

Cabinet Manual 2001 Conventions Describes the conventions of the constitution
Constitution Act 1986 Statute Describes the three branches of government
Electoral Act 1993 Statute Describes the election of Members of Parliament.
Imperial Laws Application Act 1986 Statute Incorporates important British constitutional statutes into New Zealand Law, including: Magna Carta, Bill of Rights (1689), Act of Settlement 1701.
Letters Patent 1983 Royal Decree Describes the powers of the Monarch, constitutes the office of the Governor-General.
New Zealand Bill of Rights Act 1990 Statute Enumerates the Rights of Citizens against the state; enacts into law New Zealand's obligations under the International Covenant on Civil and Political Rights
Treaty of Waitangi 1840 Treaty A Treaty between Maori chiefs and the British Crown.
Official Information Act 1982 Statute Changed the conception of government information from being confidential to public in nature.
Fitzgerald v. Muldoon and Others 1976 Court case Prevented the then Prime Minister, Robert Muldoon, from ordering the suspension of a statute by public declaration. Re-affirmed Parliamentary supremacy.

The Constitution Act of 1986 is the principal formal statement of New Zealands Constitution. ... 1986 (MCMLXXXVI) is a common year starting on Wednesday of the Gregorian calendar. ... 1993 (MCMXCIII) is a common year starting on Friday of the Gregorian calendar and marked the Beginning of the International Decade to Combat Racism and Racial Discrimination (1993-2003). ... 1986 (MCMLXXXVI) is a common year starting on Wednesday of the Gregorian calendar. ... Magna Carta placed certain checks on the absolute power of the English Monarchs. ... The Bill of Rights 1689 is an English Act of Parliament with the long title An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown and known colloquially in the UK as the Bill of Rights. ... The Electress Sophia The Act of Settlement (12 & 13 Wm 3 c. ... Letters Patent by Queen Victoria creating the office of Governor-General of Australia Letters patent are a type of legal document which is an open letter issued by a monarch or government granting a right, monopoly, title, or status to someone or some entity such as a corporation. ... 1983 (MCMLXXXIII) is a common year starting on Saturday of the Gregorian calendar. ... The Governor-General of New Zealand is the local representative of the Queen of New Zealand, Queen Elizabeth II, and as such is the highest office in the Government of New Zealand. ... This article is about the year. ... The Treaty of Waitangi The Treaty of Waitangi (Māori: Te Tiriti o Waitangi) was signed on February 6, 1840 at Waitangi in the Bay of Islands, New Zealand. ... 1840 is a leap year starting on Wednesday (link will take you to calendar). ... Te Puni, Māori Chief Māori is the name of the indigenous people of New Zealand, and their language. ... This article describes the British monarchy from the perspective of the United Kingdom. ... 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ... 1976 (MCMLXXVI) is a leap year starting on Thursday (link will take you to calendar). ... There are several Robert Muldoons of note. ...

Elements of the constitution

The Constitution Act describes the three branches of Government in New Zealand: The Executive (the Sovereign and Cabinet), the legislature (Parliament) and the judiciary (Courts). The Constitution Act of 1986 is the principal formal statement of New Zealands Constitution. ...


The Sovereign

The Queen

The constitutional monarchy in New Zealand is legally distinct from the British monarchy. There have occasionally been proposals to abolish the monarchy and establish a republic. Unlike its neighbour Australia, New Zealand has not yet held a referendum on the matter, but a number of prominent politicians (including the current Prime Minister) believe that an eventual move to republicanism is inevitable. Opinion polls however have shown that a majority of New Zealanders favour keeping the monarchy. A constitutional monarchy is a form of monarchical government established under a constitutional system which acknowledges a hereditary or elected monarch as head of state. ... This article describes the British monarchy from the perspective of the United Kingdom. ... Republicanism in New Zealand is a movement to replace the countrys current status as a Commonwealth realm as a constitutional monarchy with that of a republic. ...


The Governor-General

The Queen's representative in the Realm of New Zealand is the Governor-General. The Office is largely ceremonial, although the Governor-General exercises a number of so-called 'reserve powers'. These powers include the ability to: The Realm of New Zealand is the territory in which the Queen in right of New Zealand is head of state. ... Flag of the Governor-General of New Zealand The Governor-General of New Zealand is the representative in the Realm of New Zealand of the Queen of New Zealand, Queen Elizabeth II, and as such is the highest office in the Government of New Zealand. ...

While the Office is nominally non-political, the Prime Minister advises the Queen who is to be appointed as the Governor-General. In 1977 Sir Keith Holyoake, a former National Party Prime Minister and then sitting Minister of State was controversially appointed as Governor-General. The Lange Labour government appointed Sir Paul Reeves, a former campaigner for the Citizens for Rowling campaign, Governor-General in 1985. In 2004 National MP Richard Worth, an avowed Royalist, suggested the next Governor-General should be Prince Edward. The New Zealand Parliament is the legislative body of the New Zealand government. ... The Prime Minister of New Zealand is New Zealands head of government and is the leader of the party or coalition with majority support in the Parliament of New Zealand. ... The Prime Minister of New Zealand is New Zealands head of government and is the leader of the party or coalition with majority support in the Parliament of New Zealand. ... For the album by Ash, see 1977 (album). ... The Right Honorable Sir Keith Jacka Holyoake, KG, GCMG, CH, QSO was a New Zealand politician. ... Current National Party logo The New Zealand National Party currently forms the second-largest (in terms of seats) political party in the New Zealand Parliament, and thus functions as the core of the Opposition. ... The Right Honourable David Russell Lange (pronounced Long-ee), CH, ONZ (4 August 1942 Thames, New Zealand – 13 August 2005 Auckland, New Zealand), served as Prime Minister of New Zealand from 1984 to 1989. ... The New Zealand Labour Party is a New Zealand political party. ... The Right Reverend Sir Paul Alfred Reeves GCMG GCVO QSO (December 6, 1932–) was Archbishop and Primate of New Zealand and Bishop of Auckland from 1980 to 1985 and Governor-General of New Zealand from 1985 to 1990. ... Sir Wallace Edward Rowling KCMG, (15 November 1927 - 31 October 1995), often known as Bill Rowling, was a Prime Minister of New Zealand. ... This article is about the year. ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... Current National Party logo The New Zealand National Party currently forms the second-largest (in terms of seats) political party in the New Zealand Parliament, and thus functions as the core of the Opposition. ... Dr. Richard Worth (1948 - ) is a New Zealand politician. ... The noun or adjective, Royalist, can have several shades of meaning. ... HRH The Earl of Wessex His Royal Highness The Prince Edward, Earl of Wessex (Edward Antony Richard Louis Mountbatten-Windsor), styled HRH The Earl of Wessex (born March 10, 1964), is a member of the British Royal Family, the youngest son of Queen Elizabeth II. He has held the title...


Increasingly, the Governor-General is representing New Zealand abroad and is accorded the same respect and privileges of a Head of state. It can be argued that the de facto head of state is the Governor-General, however as stated in s. 2(1) of the Constitution Act 1986, the de jure head of state remains "The Sovereign in right of New Zealand", the Queen. The President of the United States visits the President of the Philippines. ... De facto is a Latin expression that means in fact or in practice. It is commonly used as opposed to de jure (meaning by law) when referring to matters of law or governance or technique (such as standards), that are found in the common experience as created or developed without... The Constitution Act of 1986 is the principal formal statement of New Zealands Constitution. ... Look up De jure in Wiktionary, the free dictionary De jure (in Classical Latin de iure) is an expression that means based on law, as contrasted with de facto, which means in fact. The terms de jure and de facto are used like in principle and in practice when one...


Executive

The Head of Government of New Zealand is the Prime Minister. The Cabinet, which is responsible to Parliament, exercises executive authority. (The Cabinet forms the practical expression of a formal body known as the Executive Council.) The Prime Minister, as the leader of the political party or coalition of parties holding the majority of seats in the House of Representatives, leads the Cabinet. All Cabinet Ministers must be Members of Parliament (MPs) and are collectively responsible to it.
See also: Prime Minister of New Zealand The Prime Minister of New Zealand is New Zealands head of government and is the leader of the party or coalition with majority support in the Parliament of New Zealand. ... The New Zealand Cabinet is, in practice, the highest body of the New Zealand governments executive branch. ... The New Zealand Parliament is the legislative body of the New Zealand government. ... Under the doctrine of the separation of powers, the executive is the branch of a government charged with implementing, or executing, the law. ... The Executive Council of New Zealand is the body which provides the formal basis for the Cabinet. ... The Prime Minister of New Zealand is New Zealands head of government and is the leader of the party or coalition with majority support in the Parliament of New Zealand. ... Leadership can refer both to the process of leading, and to those entities that do the leading. ... A Member of Parliament, or MP, is a representative elected by the voters of an electoral district to a parliament; in the Westminster system, specifically to the lower house. ... The Prime Minister of New Zealand is New Zealands head of government and is the leader of the party or coalition with majority support in the Parliament of New Zealand. ...


Legislature

New Zealand has a unicameral Parliament, the normally 120-seat House of Representatives. Since 1996, New Zealand has used the mixed member proportional (MMP) system, under which each MP is either elected by voters in a single-member (First Past the Post electoral system) constituency or appointed from party lists. Several seats are currently reserved for members elected on a separate Maori roll. However, Maori may choose to vote in and to run for the non-reserved seats, and several have entered Parliament in this way. Parliaments have a maximum term of three years, although an election can be called earlier. In New Zealand, everyone (male and female) over the age of 18 years can vote, women having gained the vote in 1893.
See also: New Zealand Parliament Unicameralism is the practice of having only one legislative or parliamentary chamber. ... The New Zealand Parliament is the legislative body of the New Zealand government. ... 1996 (MCMXCVI) is a leap year starting on Monday of the Gregorian calendar, and was designated the International Year for the Eradication of Poverty. ... The Additional Member System (AMS) is a voting system where some representatives are elected from geographic constituencies and others are elected under proportional representation from party lists. ... Members of New Zealands House of Representatives, commonly called Parliament, normally gain their seats in nationwide general elections, or, less frequently, in by-elections. ... The First Past the Post electoral system, is a voting system for single-member districts. ... After the establishment of Westminster-style Parliamentary Government in New Zealand in 1852, the Māori inhabitants had allotted to them from 1867 specific seats in the New Zealand Parliament. ... Several politico-constitutional arrangements use reserved political positions, especially when endeavoring to ensure the rights of minorities or preserving a political balance of power. ... Te Puni, Māori Chief Māori is the name of the indigenous people of New Zealand, and their language. ... 1893 was a common year starting on Sunday (see link for calendar). ... The New Zealand Parliament is the legislative body of the New Zealand government. ...


Judiciary

The judiciary consists of the Supreme Court of New Zealand, the Court of Appeal of New Zealand, the High Court, the District Courts, and other courts and tribunals. Some Judges may sit on more than one. The Supreme Court of New Zealand is the highest court of appeal in New Zealand, having formally come into existence at the beginning of 2004, and sitting for the first time on 1 July 2004. ... The Court of Appeal of New Zealand, located in Wellington, is New Zealand’s principal intermediate appellate court. ...


New Zealand law has three principal sources - English common law, certain statutes of the United Kingdom Parliament enacted before 1947 (notably the Bill of Rights 1689), and statutes of the New Zealand Parliament. In interpreting common law, the courts have endeavoured to preserve uniformity with common law as interpreted in the United Kingdom and related jurisdictions. The maintenance of the Privy Council in London as the final court of appeal and judges' practice of following British decisions, even though, technically, they are not bound by them, both bolstered this uniformity. However, in October 2003, the House of Representatives passed legislation to end this right of appeal from 2004, and to establish the Supreme Court of New Zealand in Wellington, which began hearings in July 2004. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... 1947 (MCMXLVII) was a common year starting on Wednesday (link will take you to calendar). ... The English Bill of Rights of 1689 is an English Act of Parliament with the full title An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown and known colloquially in the UK as the Bill of Rights. ... The New Zealand Parliament is the legislative body of the New Zealand government. ... The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ... Part of the London skyline viewed from the South Bank London is the most populous city in the European Union, with an estimated population on 1 January 2005 of 7. ... 2003 (MMIII) is a common year starting on Wednesday of the Gregorian calendar. ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... The Supreme Court of New Zealand is the highest court of appeal in New Zealand, having formally come into existence at the beginning of 2004, and sitting for the first time on 1 July 2004. ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...


Reform

Because it is not supreme law, the constitution is comparatively easy to reform; requiring only a majority of Members of Parliament to amend.


Referendum

There is no requirement for referendum to enact constitutional change in New Zealand. However, there have been several referendum in New Zealands' history, most recently to decide the nature of electoral reform in New Zealand. Many groups advocate constitutional reform by referendum, for example the Republican Movement supports a referendum on the republic issue. Recently the government replaced the Privy Council as New Zealands highest court of appeal with the new Supreme Court of New Zealand despite calls from New Zealand First, National and ACT for a referendum to be called on the issue. A referendum (plural: referendums or referenda) or plebiscite is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ... Until 1996, New Zealand used the British system of first past the post (FPP) for parliamentary elections . ... The Republican Movement of Aotearoa New Zealand is an organization formed in 1994 whose object is to support the creation of a republic in New Zealand. ... Republicanism in New Zealand is a movement to replace the countrys current status as a Commonwealth realm as a constitutional monarchy with that of a republic. ... The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ... The Supreme Court of New Zealand is the highest court of appeal in New Zealand, having formally come into existence at the beginning of 2004, and sitting for the first time on 1 July 2004. ... Current New Zealand First logo New Zealand First is a political party in New Zealand. ... Current National Party logo The New Zealand National Party currently forms the second-largest (in terms of seats) political party in the New Zealand Parliament, and thus functions as the core of the Opposition. ... ACT New Zealand is a free market liberal party in the New Zealand Parliament. ...


The Citizens' Intiated Referenda Act 1993 allows for non-binding referendum on any issue should proponents submit a petition to Parliament signed by 10% of registered electors. In 1999 one such referendum was held, on the question of whether the number of Members of Parliament should be reduced from 120 to 99. Electors overwhemingly voted in favour of the proposal. However, there has been no moves to date to amend the Electoral Act 1993 in line with this result. This has led to calls for such referenda to be made binding on the government of the day, similar to the direct democracy seen in Switzerland. Both the New Zealand First Party and the small Direct Democracy Party advocate binding referendum, along with the Voters Voice group. 1993 (MCMXCIII) is a common year starting on Friday of the Gregorian calendar and marked the Beginning of the International Decade to Combat Racism and Racial Discrimination (1993-2003). ... The 1999 New Zealand general election was a nationwide vote to determine the shape of the 46th session of the New Zealand Parliament. ... Current New Zealand First logo New Zealand First is a political party in New Zealand. ... The Direct Democracy Party of New Zealand is a New Zealand political party which promotes greater participation in government by ordinary citizens. ...


Referendum on constitutional issues in New Zealand (outcome in bold):

Year Issue Result
1967 Term of Parliament Yes No
1990 Term of Parliament Yes No
1992 Change of Electoral system MMP 70.3% SM 5.5% STV 17.5% AV 6.6%
1993 New Electoral system MMP 54% FPP 46% Turnout 85%
1999 Number of Members of Parliament Yes 81.46% No 18.53% Turnout 81%

1967 (MCMLXVII) was a common year starting on Sunday of the Gregorian calendar. ... This article is about the year. ... 1992 (MCMXCII) was a leap year starting on Wednesday. ... The Additional Member System (AMS) is a voting system where some representatives are elected from geographic constituencies and others are elected under proportional representation from party lists. ... This STV ballot for the Australian Senate illustrates group voting tickets. ... When the single transferable vote voting system is applied to a single-winner election it is sometimes called instant-runoff voting (IRV), as it is much like holding a series of runoff elections in which the lowest polling candidate is eliminated in each round until someone receives majority vote. ... 1993 (MCMXCIII) is a common year starting on Friday of the Gregorian calendar and marked the Beginning of the International Decade to Combat Racism and Racial Discrimination (1993-2003). ... The Additional Member System (AMS) is a voting system where some representatives are elected from geographic constituencies and others are elected under proportional representation from party lists. ... The plurality voting system, also known as first past the post, is a voting system used to elect a single winner in a given election. ... 1999 (MCMXCIX) is a common year starting on Friday, and was designated the International Year of Older Persons by the United Nations. ...

Proposals for reform

During the 1960s the Constitutional Society for Economic Freedom and Justice advocated a written constitution, a Bill of Rights and a second chamber of Parliament.


The small Libertarianz Party produced a written constitution seeking a Republic of New Freeland. Current Libertarianz logo Libertarianz is a political party in New Zealand dedicated to libertarianism, and claims to be the only party in New Zealand dedicated to maximising personal freedom and reducing the size of government -- to getting government out of your face, out of your pocket, and out of your...


See also: Electoral reform in New Zealand, Republicanism in New Zealand. Until 1996, New Zealand used the British system of first past the post (FPP) for parliamentary elections . ... Republicanism in New Zealand is a movement to replace the countrys current status as a Commonwealth realm as a constitutional monarchy with that of a republic. ...


See also

Constitutional law is the study of foundational laws that govern the scope of powers and authority of various bodies in relation to the creation and execution of other laws by a government. ... New Zealands Head of State is currently Queen Elizabeth II, and is given the title Queen of New Zealand. ... Republicanism in New Zealand is a movement to replace the countrys current status as a Commonwealth realm as a constitutional monarchy with that of a republic. ... Until 1996, New Zealand used the British system of first past the post (FPP) for parliamentary elections . ...

External links

  • Electoral Commission
  • Voters Voice - Group advocating binding citizens-initiated referendums.
  • A Constitutional History of New Zealand by Lewis Holden


 

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