Isabella Carter
Unlike the US Constitution, New Zealand does not have a single, overarching constitutional document. Instead, the country's constitution is made up of different tools of power, including legislation, formal legal documents, common law derived from court decisions, and established constitutional practices known as conventions. The New Zealand Constitution Act 1852, the Constitution Act 1986, the New Zealand Bill of Rights Act 1990, and the Public Finance Act 1989 are all examples of legislation that outline the powers and functions of the three branches of government. The country's constitution also reflects the Treaty of Waitangi, which is regarded as a founding document of the government in New Zealand.
| Characteristics | Values |
|---|---|
| Sources | Formal legal documents, court decisions, common law, and established constitutional practices known as conventions |
| Institutions of government | Cabinet, Executive Council, Prime Minister, Governor-General, Parliament, and the King |
| Powers | The power to pass laws, make appointments, and grant Royal Honours |
| Limitations | International obligations, the electoral system, and the Treaty of Waitangi |
| Principles | Rule of law, equality before the law, independent judiciary, rights and obligations, and recognition of Māori rights and interests |
| Amendments | Constitutional changes can arise from legislation, court decisions, new prerogative instruments, and changing practices |
| Key Documents | Constitution Act 1986, New Zealand Bill of Rights Act 1990, Public Finance Act 1989, and Letters Patent |
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What You'll Learn
The Treaty of Waitangi
The New Zealand constitution is made up of different tools of power and is spread across a range of formal documents, decisions, and conventions. It is not found in one document but has a number of sources, including crucial pieces of legislation, several legal documents, common law derived from court decisions, and established constitutional practices known as conventions.
One of the most important constitutional documents in New Zealand is the Treaty of Waitangi, which is regarded as a founding document of the government. The Treaty of Waitangi was signed in May 1840, when the British Crown asserted sovereignty over New Zealand. The English version of the treaty guaranteed to Māori the full, exclusive, and undisturbed possession of their lands, forests, fisheries, and other properties, in exchange for ceding their sovereignty to the Crown.
The New Zealand constitution, including the Treaty of Waitangi, is constantly evolving and changing over time. It reflects the national character of the state and is influenced by international obligations and the country's participation in organizations such as the United Nations and the World Trade Organization.
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The Constitution Act 1986
The Act recognises the King as the Head of State of New Zealand and the Governor-General as his representative. It outlines the roles and duties of the monarch, the governor-general, ministers and judges. The Governor-General is appointed by the King, who, in general, exercises his prerogative powers. The King or Governor-General appoints and dismisses members of the Executive Council and Ministers of the Crown.
The Act repealed and replaced the New Zealand Constitution Act 1852 and the Statute of Westminster, and removed the ability of the British Parliament to pass laws for New Zealand with the consent of the New Zealand Parliament. It renamed the General Assembly as the "Parliament of New Zealand", which consists of the Sovereign and the House of Representatives.
The Act resulted from two reports by the Officials Committee on Constitutional Reform, which was established by the Labour Government to review New Zealand's constitutional law.
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The role of the Governor-General
The Governor-General is the representative of the Head of State, currently King Charles III. The Governor-General's office and powers are set out in the Letters Patent Constituting the Office of Governor-General of New Zealand. The Letters Patent were completely revised in 1983 and amended in 1987 and 2006. The King appoints the Governor-General, on the advice of New Zealand's Prime Minister, usually for a term of five years. The Governor-General holds investiture ceremonies for New Zealand Royal Honours on behalf of the King.
The Governor-General's role is largely ceremonial, but it does have some important functions. For example, the Governor-General can dissolve Parliament and call a general election on the advice of the Prime Minister. The Governor-General can also appoint and dismiss ministers, and has the power to refuse or grant Royal Assent to bills passed by Parliament.
The Governor-General is also responsible for appointing judges, and for representing New Zealand internationally. The Governor-General receives foreign diplomats and heads of state, and conducts state visits abroad.
In addition, the Governor-General has a role in the country's defence forces. They are the Commander-in-Chief of the New Zealand Defence Force and have the power to declare war.
The Governor-General is also the patron of many organisations and charities, and attends events and ceremonies across the country. They also have a role in promoting New Zealand's culture and values, and in fostering national identity and pride.
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The New Zealand Bill of Rights Act 1990
The Act applies to acts done by the three branches of government (the legislature, executive and judiciary) of New Zealand, or by any person or body in the "performance of any public function, power, or duty" imposed by the law. It protects and promotes human rights and fundamental freedoms in New Zealand.
The first suggestion that a declaration of inconsistency could be available was in 1992. Following this, Temese v Police (1992) and Quilter v Attorney-General (1998) both suggested that it could be available in the appropriate case, but fell short of making a declaration. In Moonen v Film and Literature Board of Review [2000], Tipping J stated that the courts had a duty to indicate when legislation was inconsistent with the New Zealand Bill of Rights Act 1990, but it was unclear whether he meant a formal declaration of inconsistency or a mere indication of inconsistency contained within the judgment.
In R v Poumako [2000], Thomas J dissented by making a formal declaration of inconsistency. It followed in Zaoui v Attorney-General [2005] that the Court held that Moonen and Poumako had established a jurisdiction for courts to issue a formal declaration of inconsistency. However, in R v Hansen [2007], while the Court of Appeal established that courts could inquire into the consistency of legislation with the New Zealand Bill of Rights Act 1990, they did not make a formal declaration of inconsistency.
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Māori rights and interests
The New Zealand Constitution is not contained in a single document but is made up of different tools of power. It is found in formal legal documents, court decisions, and established constitutional practices known as conventions.
The Treaty of Waitangi is regarded as a founding document of the New Zealand government and is increasingly reflected in the constitution. The Treaty imposes certain limits on government action and accords special recognition to Māori rights and interests, particularly those covered by Article 2 of the Treaty. The law sometimes accords a special recognition to Māori rights and interests, especially those covered by Article 2 of the Treaty. In some situations, autonomous Māori institutions have a role within the wider constitutional and political system.
The New Zealand Bill of Rights Act 1990 is another important piece of legislation that outlines Māori interests. It is one of the most important constitutional principles in New Zealand law, alongside the rule of law, which states that everyone is subject to the law, including the government, and that everyone is equal before the law.
The Constitution Act 1986 is a key formal statement of New Zealand's system of government, and it recognises the King as the Head of State of New Zealand and the Governor-General as his representative. The Act also outlines the powers of the three branches of government, including the executive, legislature, and judiciary.
Some limits on constitutional change arise from international obligations, and certain key elements of the electoral system can only be amended if the people approve in a referendum or if three-quarters of the Members of Parliament agree.
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Frequently asked questions
The New Zealand Constitution is made up of different tools of power. It is spread across a range of formal documents, decisions, and conventions. These include crucial pieces of legislation, several legal documents, common law derived from court decisions, and established constitutional practices known as conventions.
The New Zealand Constitution reflects that New Zealand is a constitutional monarchy, has a parliamentary system of government, and is a democracy. It also recognises the King as the Head of State of New Zealand and the Governor-General as his representative. The Governor-General holds investiture ceremonies for New Zealand Royal Honours on behalf of the King.
Yes, the New Zealand Constitution can be amended. Some limits on constitutional change arise from international obligations. Certain key elements of the electoral system can only be amended if the people approve in a referendum or if three-quarters of the Members of Parliament agree.
