Omar Bennett
New Zealand's constitution is notably different from other countries in that it is uncodified, meaning it is not contained in a single document. Instead, it is an amalgamation of written and unwritten sources, including legislation, legal documents, common law, and established constitutional practices or conventions. The Constitution Act 1986 is a key formal statement outlining New Zealand's system of government, with the monarch as the Head of State and the Governor-General as their representative. The Governor-General, appointed by the monarch, holds certain reserve powers, such as the ability to dismiss the Prime Minister in exceptional cases. The constitution also reflects the Treaty of Waitangi, which imposes limits on government action and recognises Māori rights and interests. New Zealand's constitution is similar to that of the UK, Australia, and Canada, with a democratically elected parliament, known as the House of Representatives, holding day-to-day political power.
| Characteristics | Values |
|---|---|
| Type of Constitution | Uncodified or "unwritten" constitution, an amalgamation of written and unwritten sources |
| Key Documents | Constitution Act 1986, Letters Patent 1917, Judicature Act 1908, Senior Courts Act 2016, District Court Act 2016, etc. |
| Branches of Government | Executive, Legislature, Judiciary |
| Head of State | The King |
| Sovereign's Representative | Governor-General |
| Separation of Powers | Yes, but the Executive and Legislative branches share a common membership |
| Constitutional Reform | Requires a majority of Members of Parliament, except in cases like the Electoral Act 1993 which requires a referendum |
| Role of Māori Institutions | In some situations, they have a role within the wider constitutional and political system |
| Bill of Rights | NZBORA, which is not entrenched nor supreme law and can be repealed by a simple majority of Parliament |
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What You'll Learn
- It's an uncodified constitution, an amalgamation of written and unwritten sources
- The monarch has little direct part in the day-to-day functions of government
- The NZBORA puts NZ's commitment to the 1977 ICCPR into effect
- The constitution reflects the Treaty of Waitangi
- The constitution is comparatively easy to reform
It's an uncodified constitution, an amalgamation of written and unwritten sources
The New Zealand constitution is an uncodified constitution, meaning it is not found in one single document. Instead, it is an amalgamation of written and unwritten sources, including legislation, legal documents, common law derived from court decisions, and established constitutional practices known as conventions.
The Constitution Act 1986 is a key formal statement of New Zealand's system of government, outlining the roles of the executive, legislature, and judiciary. It recognises the King as the Head of State and the Governor-General as his representative. The Governor-General is appointed by the King and exercises his prerogative powers, including appointing and dismissing members of the Executive Council and Ministers of the Crown.
Other important sources of the constitution include the prerogative powers of the Sovereign, such as the Queen's issuance of the Letters Patent Constituting the Office of the Governor-General in 1983. The principles of the Treaty of Waitangi, a founding document of government in New Zealand, also play a significant role in the constitution, particularly in the negotiation and agreement between two parties.
The constitution is underpinned by principles such as the separation of powers, the rule of law, restraint and proportionality, and New Zealand's commitment to representative democracy. These principles inform the operation of the courts and tribunals regulatory area, providing a framework for the recognition and implementation of international law.
The New Zealand constitution is comparatively easy to reform, requiring only a majority of members of Parliament to amend it. However, this power is restrained by law, convention, practice, and public acceptance, and certain provisions can only be amended following a referendum.
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The monarch has little direct part in the day-to-day functions of government
The New Zealand constitution is an uncodified constitution, or an "unwritten constitution", that is an amalgamation of written and unwritten sources. It is not contained in a single document, but rather has a number of sources, including legislation, legal documents, common law, and established constitutional practices or conventions.
The monarch, recognised as the head of state, has little direct involvement in the day-to-day functions of the government. The monarch's sovereign powers are delegated by statute or convention to ministers of the Crown or other public bodies. The monarch is typically not a resident of the country, so their representative in and over the Realm of New Zealand is the governor-general, who is appointed by the sovereign on the advice of the prime minister. The governor-general holds some reserve powers, such as the ability to dismiss the prime minister in exceptional circumstances.
The governor-general is an important figure in the constitutional framework, with the power to appoint and dismiss members of the Executive Council and Ministers of the Crown. The Executive Council, chaired by the prime minister, is a formal body that includes all ministers of the government. The prime minister and other ministers take office upon receiving a warrant from the governor-general, reflecting the principle that executive power stems from the sovereign.
The constitution also recognises the role of autonomous Māori institutions, with the Treaty of Waitangi providing a model for negotiation and agreement between parties. The constitution's democratic character is underpinned by principles such as the separation of powers, the rule of law, restraint, and proportionality.
The New Zealand constitution is comparatively easy to reform, requiring only a majority of members of Parliament to amend it. This flexibility allows for the dynamic incorporation of international processes and obligations into the constitutional framework.
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The NZBORA puts NZ's commitment to the 1977 ICCPR into effect
The New Zealand constitution is unique in that it is an uncodified or "unwritten" constitution, though it does include written elements. It is an amalgamation of written and unwritten sources, including pieces of legislation, legal documents, common law, and established constitutional practices known as conventions.
The New Zealand Bill of Rights Act 1990 (NZBORA) is a crucial piece of legislation that puts New Zealand's commitment to the 1977 International Covenant on Civil and Political Rights (ICCPR) into effect. The NZBORA aims to affirm, protect, and promote human rights and fundamental freedoms in New Zealand. It is not entrenched or supreme law, meaning it can be repealed by a simple majority of Parliament. This reflects the comparatively flexible nature of New Zealand's constitution, which can be amended by a majority of Members of Parliament, though this is restrained by law, convention, practice, and public acceptance.
The NZBORA has had a significant impact on the litigation of human rights issues in New Zealand, with an increase in the number of cases citing the Act since its enactment. The Courts have interpreted the NZBORA generously, providing remedies for breaches of rights and freedoms contained in the Act, despite the absence of an explicit remedies clause. This has included the exclusion of evidence obtained in breach of the NZBORA, civil damages, and the controversial remedy of declarations of inconsistency or incompatibility.
The NZBORA also plays a role in the policy-making process, with governments increasingly incorporating human rights considerations in response to judicial statements. Amendments to the Cabinet Manual require all policy papers to state whether they are consistent with the NZBORA, and the Attorney General must notify the House of Representatives of any provision in a bill that appears inconsistent with the rights and freedoms outlined in the Act.
In summary, the NZBORA is a key piece of legislation that gives effect to New Zealand's commitment to the ICCPR, protecting and promoting human rights and fundamental freedoms. Its implementation has had a significant impact on the litigation and policy-making processes in New Zealand, reflecting a growing awareness of human rights issues in the country.
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The constitution reflects the Treaty of Waitangi
Unlike many other nations, New Zealand does not have a single constitutional document. Instead, it has a multitude of sources, including pieces of legislation, legal documents, common law, and established constitutional practices. The Constitution Act 1986 is a key statement of New Zealand's system of government, including the executive, legislature, and judiciary.
The New Zealand constitution is increasingly reflecting the Treaty of Waitangi as a founding document of government in New Zealand. The Treaty of Waitangi is regarded as an important source of constitutional law, and its principles are referenced in various statutes. The Treaty of Waitangi Act 1975 put the text of the Treaty into statute for the first time and created the Waitangi Tribunal to investigate claims relating to the application of the Treaty's principles.
The Treaty of Waitangi is a deal between the National Party and the Maori Party, which came about during the 2008 general election. It resulted in a push to enshrine the Treaty in the New Zealand constitution. The Treaty provides a model of two parties negotiating and agreeing with one another, which is sometimes appropriate for autonomous Māori institutions within the wider constitutional and political system.
The Treaty of Waitangi has had a significant impact on the constitutional and political landscape in New Zealand. For example, the State-Owned Enterprises Act 1986 includes a section stating that nothing in the Act should permit the Crown to act inconsistently with the principles of the Treaty. This has had implications for the return of assets and land to Māori ownership and the enforcement of treaty rights in the criminal justice system.
In conclusion, the New Zealand constitution reflects the Treaty of Waitangi as a founding document of government, with the Treaty's principles influencing constitutional law and the functioning of autonomous Māori institutions. The Treaty's inclusion in the constitution has been the subject of debate, with some opposing its inclusion and others pushing for its entrenchment in New Zealand's constitutional arrangements.
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The constitution is comparatively easy to reform
New Zealand's constitution is comparatively easy to reform. It is an uncodified constitution, sometimes referred to as an "unwritten constitution", although it is an amalgamation of written and unwritten sources. The Constitution Act 1986 is a key statement of New Zealand's system of government, but there is no technical difference between ordinary statutes and law considered "constitutional law". No law is accorded a higher status, and the New Zealand Parliament can perform "constitutional reform" simply by passing acts of Parliament, changing or abolishing elements of the constitution.
The constitution draws on crucial pieces of legislation, several legal documents, common law derived from court decisions, and established constitutional practices known as conventions. The most important conventions arise from the democratic character of the constitution. Constitutional conventions are critical to the working of the constitution, even though they are not enforceable by the courts.
In theory, many parts of the constitution can be amended by legislation passed by a simple majority of Members of Parliament. However, this power is restrained by law, convention, practice, and public acceptance. Some limits on constitutional change also arise from international obligations. For example, the New Zealand Bill of Rights Act 1990 (NZBORA) puts New Zealand's commitment to the 1977 International Covenant on Civil and Political Rights (ICCPR) into effect in New Zealand law.
NZBORA is not entrenched or supreme law and can be repealed by a simple majority of Parliament. However, it contains important provisions such as the right to the observance of natural justice and the recognition of property rights. The clear statement principle reflected in NZBORA states that "wherever an enactment can be given a meaning that is consistent with the rights and freedoms contained in this Bill of Rights, that meaning shall be preferred to any other meaning".
The constitution also increasingly reflects the Treaty of Waitangi, which provides a model of two parties negotiating and agreeing with one another. The Treaty is a founding document of government in New Zealand, and autonomous Māori institutions have a role within the wider constitutional and political system.
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Frequently asked questions
New Zealand's constitution is established through a variety of sources, including crucial pieces of legislation, several legal documents, common law derived from court decisions, and established constitutional practices known as conventions. It is an uncodified constitution, sometimes referred to as an "unwritten constitution", although it is an amalgamation of written and unwritten sources.
Some of the key sources of New Zealand's constitution include the Constitution Act 1986, the principles of the Treaty of Waitangi, the State Sector Act 1988, the Electoral Act 1993, and the Judicature Act 1908.
New Zealand's constitution is comparatively easy to reform, requiring only a majority of members of Parliament to amend it. This flexibility allows for rapid adaptation to changing circumstances but may also lead to concerns about stability and consistency.
