180-553: The monarchy of New Zealand is the constitutional system of government in which a hereditary monarch is the sovereign and head of state of New Zealand . The current monarch, King Charles III , acceded to the throne following the death of his mother, Queen Elizabeth II , on 8 September 2022 in the United Kingdom . The King's elder son, William, Prince of Wales , is the heir apparent . The Treaty of Waitangi between Queen Victoria and Māori chiefs ( rangatira )
360-607: A constitutional convention , which "has always been treated in practice as though it were a binding requirement". The convention was then adopted by every country that subsequently gained its independence from Britain and became a Commonwealth realm. During the abdication crisis in 1936, British Prime Minister Stanley Baldwin consulted the Commonwealth prime ministers at the request of King Edward VIII . The King wanted to marry Wallis Simpson , whom Baldwin and other British politicians considered unacceptable as Queen, as she
540-606: A legislature called the New Zealand Parliament , consisting of the King-in-Parliament and the House of Representatives . According to the principle of parliamentary sovereignty , Parliament may pass any legislation that it wishes. Since 1996, New Zealand has used the mixed-member proportional (MMP) system, which is essentially proportional representation with single member seats (that can affect
720-551: A parliamentary system of government, and that it is a representative democracy . It increasingly reflects the fact that the Treaty of Waitangi is regarded as a founding document of government in New Zealand. The constitution must also be seen in its international context because New Zealand governmental institutions must increasingly have regard to international obligations and standards. The Constitution Act 1986 describes
900-410: A unicameral system within a decade of its statutory independence. The constitution includes, but is not limited to, the following sources: The New Zealand constitution is uncodified and is to be found in formal legal documents, in decisions of the courts, and in practices (some of which are described as conventions ). It establishes that New Zealand is a constitutional monarchy , that it has
1080-658: A " Realm ", with a legally separate Crown . It was not until the 1983 Letters Patent , the first amendment of the Letters Patent since 1917, that New Zealand was described as the Realm of New Zealand , which includes the self-governing territories of the Cook Islands and Niue . The National Party won the 1949 election promising to abolish the Legislative Council. The council was then stacked with
1260-511: A "solemn promise" to "govern the Peoples of" his realms, including New Zealand, "according to their respective laws and customs". New Zealand's constitution is made up of a variety of statutes and conventions that are either British or New Zealand in origin, and together give New Zealand a parliamentary system of government wherein the role of the King is both legal and practical. The Crown
1440-545: A "written constitution". In 2016, former Prime Minister Geoffrey Palmer and Andrew Butler created a "Constitution for Aotearoa New Zealand" to spark public discussion on a written constitution. In November 2004, the Prime Minister Helen Clark announced the formation of a select committee of the House of Representatives to conduct an Inquiry into New Zealand's existing constitutional arrangements. Both
1620-764: A Commonwealth-wide tour for her Silver Jubilee , Elizabeth was in New Zealand from 22 February to 7 March 1977; she made a brief visit, between 12 and 20 October 1981, following a Commonwealth Heads of Government Meeting (CHOGM) in Melbourne ; marked the centennial of the New Zealand Police during a tour from 22 February to 2 March 1986; the Queen closed the Commonwealth Games in Auckland and, with her son, Prince Edward , took part in events marking
1800-463: A Royal Proclamation granting New Zealand Dominion status was issued by King Edward VII. The proclamation took effect on 27 September. As a result, the office of governor became governor-general under the Letters Patent 1917 to reflect New Zealand's status as a dominion more fully. The Letters Patent also removed a number of powers the governor previously held while New Zealand was a colony. In 1908, two enactments of constitutional importance were passed:
1980-592: A central role, alongside a collection of other statutes , orders in Council , letters patent , decisions of the courts , principles of the Treaty of Waitangi , and unwritten traditions and conventions . There is no technical difference between ordinary statutes and law considered " constitutional law "; no law is accorded higher status . In most cases the New Zealand Parliament can perform "constitutional reform" simply by passing acts of Parliament , and thus has
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#17327804789272160-753: A consequence of the statute's adoption, the Parliament of Canada gained the ability to abolish appeals to the Judicial Committee of the Privy Council . Criminal appeals were abolished in 1933, while civil appeals continued until 1949. The passage of the Statute of Westminster meant that changes in British legislation governing the succession to the throne no longer automatically applied to Canada. The Irish Free State never formally adopted
2340-663: A formal body known as the Executive Council . The prime minister , as the parliamentary leader of the political party or coalition of parties holding or having the support of a majority of seats in the House of Representatives, chairs the Cabinet. Section 6(1) of the Constitution Act 1986 states, "A person may be appointed and may hold office as a member of the Executive Council or as a Minister of
2520-490: A glorious past". Constitution of New Zealand The constitution of New Zealand is the sum of laws and principles that determine the political governance of New Zealand . Unlike many other nations, New Zealand has no single constitutional document. It is an uncodified constitution , sometimes referred to as an "unwritten constitution", although the New Zealand constitution is in fact an amalgamation of written and unwritten sources. The Constitution Act 1986 has
2700-533: A legal loophole to alter an entrenched provision would likely be severe. Even though it is not legislatively entrenched, a material change to other aspects of the constitution is unlikely to occur absent broad-based support, either through broad legislative agreement or by referendum. There is no requirement for a referendum to enact constitutional change in New Zealand, except for the electoral system and term of parliament. However, there have been several referendums in New Zealand's history, most recently to decide
2880-546: A minor or incapacitated. The Regency Act 1937 is a British law, not a New Zealand law, and as such has no direct applicability to New Zealand. However, the New Zealand Constitution Act 1986 specifies that should a regent be installed in the United Kingdom, that individual will carry out the functions of the sovereign of New Zealand. The sovereign draws from New Zealand funds for support in
3060-617: A number of " reserve powers ", such as the ability to dismiss the prime minister in exceptional cases. Section 3(1) of the Constitution Act states "Every power conferred on the Governor-General by or under any Act is a royal power which is exercisable by the Governor-General on behalf of the Sovereign, and may accordingly be exercised either by the Sovereign in person or by the Governor-General". New Zealand's legislative, executive and judicial branches function in accordance with
3240-796: A number of other occasions: between 6 and 18 February 1963, she attended celebrations at Waitangi and the Queen Elizabeth II Arts Council was founded as the nation's gift to the monarch; from 12 to 30 March 1970, the Queen, accompanied by Prince Charles and Princess Anne , participated in the James Cook bicentenary celebrations; between 30 January and 8 February 1974, and she attended and closed that year's Commonwealth Games in Christchurch and participated in New Zealand Day events at Waitangi. As part of
3420-531: A number of statutes, although the principles themselves have not been defined in statute. They are instead defined by a common law decision of the Court of Appeal from 1987, the famous "Lands case" brought by the New Zealand Māori Council ( New Zealand Maori Council v Attorney-General ) over concerns about the transfer of assets from former government departments to state-owned enterprises , part of
3600-412: A special relationship, the first coming from northern chiefs in 1852. This and all subsequent appeals were directed back to the sovereign's New Zealand ministers for advice on how to proceed. The results were not always favourable to Māori, who have communicated their discontent to the monarch or other royals; in response to a refusal by the Executive Council in 1981 to allow Mana Motuhake direct access to
3780-409: A speculative run on the currency. The crisis was resolved when Muldoon relented three days later, under pressure from his own Cabinet, which threatened to install Deputy Prime Minister Jim McLay in his place. Following the constitutional crisis, the incoming Fourth Labour Government formed an Officials Committee on Constitutional Reform to review the transfer of power. As a result of the committee,
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#17327804789273960-903: A statutory embodiment of the principles of equality and common allegiance to the Crown set out in the Balfour Declaration of 1926 . As the statute removed nearly all of the British parliament's authority to legislate for the Dominions, it was a crucial step in the development of the Dominions as separate, independent, and sovereign states. Its modified versions are now domestic law in Australia and Canada ; it has been repealed in New Zealand and implicitly in former Dominions that are no longer Commonwealth realms . England, and Britain after 1707 , had colonies outside of Europe since
4140-493: A whole only with Australia's request and consent. Nonetheless, under section 9 of the statute, on matters not within Commonwealth power Britain could still legislate with effect in all or any of the Australian states, without the agreement of the Commonwealth although only to the extent of "the constitutional practice existing before the commencement" of the statute. However, this capacity had never been used. In particular, it
4320-898: Is a status of co-equality with Britain within the British Commonwealth. The second Article of the Constitution of the Free State", he added, "declares that 'All powers of Government and all authority, legislative, executive and judicial, in Ireland are derived from the people of Ireland' ". Motions of approval of the Report of the Commonwealth Conference had been passed by the Dáil and Seanad in May 1931 and
4500-459: Is considered to be a founding document of government. The Treaty identifies the Crown's right to kāwanatanga , or "governorship", leading one Māori academic to argue that kāwanatanga , or His Majesty's Government in New Zealand, is party to the treaty. Since the treaty's implementation, a number of petitions have been made by Māori directly to the sovereign in London, who they felt they had
4680-470: Is currently shared with 14 other countries (realms) within the Commonwealth of Nations , in each of which the monarchy is legally separate. As a result, the current monarch is officially titled King of New Zealand ( Māori : Kīngi o Aotearoa ) and, in this capacity, he and other members of the royal family undertake various public and private functions across the Realm of New Zealand . The King
4860-470: Is defined by the Constitution Act as the monarch acting on the advice of the Executive Council . One of the main duties of the Crown is to ensure that a democratic government is always in place. This involves appointing a prime minister to thereafter head the Cabinet , a committee of the Executive Council charged with advising the Crown on the exercise of the royal prerogative, and legally required to keep
5040-513: Is democracy, with political power exercised through a democratically elected parliament – this is often stated as "The [monarch] reigns but the government rules so long as it has the support of the House of Representatives." Part 1 of the Constitution Act describes "The Sovereign", the reigning monarch, as New Zealand's head of state . Section 2(1) of the Act declares "The Sovereign in right of New Zealand" as head of state, and section 5(1) describes
5220-454: Is incorporated into New Zealand's national identity . Royal symbols may specifically distinguish institutions that derive their authority from the Crown (such as parliament), establishments with royal associations, or merely be ways of expressing loyal or patriotic sentiment. The main symbol of the monarchy is the sovereign—Queen Elizabeth II, as of 2023, is still depicted on all coins , the twenty-dollar banknote , and postage stamps such as
5400-412: Is limited. Most of the related powers are instead exercised by the elected members of parliament , the ministers of the Crown generally drawn from amongst them, and the judges and justices of the peace . Other powers vested in the King, such as dismissal of a prime minister , are significant but are treated only as reserve powers and as an important security part of the role of the monarchy. Since
5580-473: Is not unlimited; for example, the monarch does not have the prerogative to impose and collect new taxes without the authorisation of an act of Parliament . The consent of the Crown must be obtained before parliament may even debate a bill affecting the sovereign's prerogatives or interests, and no act of Parliament binds the King or his rights unless the act expressly provides that it does. The New Zealand Government (formally termed His Majesty's Government )
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5760-606: Is observed on the first Monday in June (not on the date of the monarch's actual birth). Celebrations are mainly official, including the Birthday Honours list and military ceremonies. To receive patronage , an organisation must prove to be long lasting, and to be of the highest standard in their field. These organisations, such as the Royal New Zealand Returned and Services' Association , signified by
5940-407: Is regarded as a corporation sole , with the sovereign, in the position of head of state, as the centre of a construct in which the power of the whole is shared by multiple institutions of government acting under the sovereign's authority. The vast powers that belong to the Crown are collectively known as the royal prerogative , the exercise of which does not require parliamentary approval, though it
6120-484: Is the head of state – represented in the Realm of New Zealand by the governor-general – and is the source of executive, judicial and legislative power, although effective power is in the hands of ministers drawn from the democratically elected New Zealand House of Representatives . This system is based on the " Westminster model ", although that term is increasingly inapt given constitutional developments particular to New Zealand. For instance, New Zealand introduced
6300-416: Is the only member of the royal family with any constitutional role. All executive authority is vested in the King, and his assent is required for parliament to enact laws and for letters patent and orders in council to have legal effect. However, the King's authority is subject to the conventional stipulations of constitutional monarchy , and his direct participation in these areas of governance
6480-719: Is the principle of responsible government . New Zealand's judiciary is a hierarchy consisting of the Supreme Court of New Zealand , the Court of Appeal of New Zealand , the High Court of New Zealand , and the District Courts . These courts are all of general jurisdiction. There are several other courts of specialist jurisdiction, including the Employment Court, the Environment Court and
6660-462: Is thus traditionally deemed the fount of justice . He does not personally rule in judicial cases; instead the judicial functions of the royal prerogative are performed in trust and in the King's name by judges and justices of the peace. The monarch is immune from criminal prosecution , the notion in common law being that the sovereign "can do no wrong"; the monarch cannot be prosecuted in his own courts for criminal offences. The monarch, and by extension
6840-461: Is to] the Sovereign, [however] loyalty [is] to the Government of the day ... The Defence Force and the disposition of those Forces are at the decision ... of Her Majesty's Ministers for the time being. Though the monarch and members of his family also act as colonels-in-chief of various regiments in the military, these posts are only ceremonial in nature, reflecting the Crown's relationship with
7020-500: The Balfour Declaration of 1926 . The main effect was the removal of the ability of the British parliament to legislate for the Dominions, part of which also required the repeal of the Colonial Laws Validity Act 1865 in its application to the Dominions. King George V expressed his desire that the laws of royal succession be exempt from the statute's provisions, but it was determined that this would be contrary to
7200-526: The Balfour declaration that dominions were equal in status to one another and to the United Kingdom. Further conferences in 1929 and 1930 worked out a substantive framework to implement this declaration. This became the Statute of Westminster 1931. The Statute of Westminster gave effect to certain political resolutions passed by the Imperial Conferences of 1926 and 1930 ; in particular,
7380-659: The Canadian constitution —were excluded from the application of the statute because of disagreements between the Canadian provinces and the federal government over how the British North America Acts could be otherwise amended. These disagreements were resolved only in time for the passage of the Canada Act 1982 , thus completing the patriation of the Canadian constitution to Canada. At that time,
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7560-544: The Colonial Laws Validity Act (Imperial) of 1865, which allowed a measured amount of legal independence. Under the Act, the New Zealand Parliament could pass laws inconsistent with British statutes or the common law, so long as the Imperial statute was not specifically applicable to New Zealand. Where this occurred, the New Zealand statute would be void. In 1857 the Parliament of the United Kingdom passed
7740-529: The Colonial Laws Validity Act 1865 . The Statute applied to New Zealand but would have to be adopted by the New Zealand Parliament as its own law to have application in New Zealand. After much debate, this occurred in 1947 with the Statute of Westminster Adoption Act . At the request of the New Zealand Parliament, Westminster passed the New Zealand Constitution (Amendment) Act 1947 to grant
7920-557: The Constitution (Amendment No. 27) Act 1936 , passed on 11 December 1936. The following day, the External Relations Act provided for the king to carry out certain diplomatic functions, if authorised by law; the same act also brought Edward VIII's Instrument of Abdication into effect for the purposes of Irish law (s. 3(2)). A new Constitution of Ireland , with a president, was approved by Irish voters in 1937, with
8100-574: The Free State election of 1932 on a platform of republicanising the Free State from within. Upon taking office, de Valera began removing the monarchical elements of the Constitution, beginning with the Oath of Allegiance . De Valera initially considered invoking the Statute of Westminster in making these changes, but John J. Hearne advised him not to. Abolishing the Oath of Allegiance in effect abrogated
8280-620: The Imperial Laws Application Act 1988 to clarify which Imperial and English Acts are to apply to New Zealand. The Fourth Labour government also began the process of electoral reform . It convened the Royal Commission on the Electoral System in 1986. The Commission suggested New Zealand change to the mixed-member proportional (MMP) electoral system. Two referendums were held during the 1990s on
8460-419: The Imperial Laws Application Act 1988 , these constitutional laws as they apply to New Zealand now lie within the full control of the New Zealand Parliament . Nonetheless, New Zealand agreed not to change its rules of succession without the unanimous consent of the other realms, unless explicitly leaving the shared monarchy relationship—a reciprocal arrangement applied uniformly in all the other realms, including
8640-856: The Māori Land Court , as well as the Family Court and the Youth Court, which operate as specialised divisions of the District Courts. There are also a number of specialised tribunals which operate in a judicial or quasi-judicial capacity, such as the Disputes Tribunal, the Tenancy Tribunal and the Waitangi Tribunal . New Zealand law has three principal sources: English common law ; certain statutes of
8820-570: The National Party and New Zealand First did not participate. Beginning in 2005, the Constitutional Arrangements Committee's Inquiry was conducted under five terms of reference, identifying and describing: The committee made three key recommendations to the government: Statute of Westminster 1931 The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets
9000-653: The New Zealand Constitution Act 1852 , which repealed the earlier Constitution Act. This Act was based almost entirely on a draft by Sir George Grey, the main difference being the appointment of the Governor by the Secretary of the Colonies, and not by the (New Zealand) House of Representatives. The new Act did not take effect in New Zealand until 1853. The Act provided: The first enactment of
9180-401: The New Zealand Constitution Amendment Act 1857 , which allowed the New Zealand Parliament the ability to amend certain parts of the 1852 Act. This mainly related to proposals for new provinces in New Zealand. Several new provinces were then created by the New Zealand Parliament. The first major repeal of part of the Act came in 1876 with the Abolition of Provinces Act, which repealed section 2 of
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#17327804789279360-437: The Royal New Zealand Infantry Regiment , and the Royal New Zealand Army Logistic Regiment . Māori interaction with the Crown dates back to 1832, when King William IV appointed James Busby as British resident . On 28 October 1835, Busby oversaw a hui held at Waitangi , at which a flag was selected for New Zealand and a declaration of independence written by Busby was signed by 36 Māori chiefs . Both were acknowledged
9540-434: The Second World War ; the adoption was backdated to 3 September 1939, the date that Britain and Australia joined the war. Adopting section 2 of the statute clarified that the Parliament of Australia was able to legislate inconsistently with British legislation, adopting section 3 clarified that it could legislate with extraterritorial effect. Adopting section 4 clarified that Britain could legislate with effect on Australia as
9720-508: The United States in the late 18th century, whereafter British attention turned towards Australia and Asia. British policy with regards to the colonies began to be rationalized and streamlined in the 19th century. Responsible government , wherein colonial governments were held accountable to legislatures just as the British cabinet was responsible to the British Parliament, was granted to colonies beginning with Nova Scotia in 1848. Confusion existed as to what extent British legislation applied to
9900-464: The Wanganui Collegiate School . I want to show you that the Crown is not merely an abstract symbol of our unity but a personal and living bond between you and me. Apart from New Zealand, the King and his family regularly perform public duties in the other 14 Commonwealth realms of which he is head of state. This situation can mean members of the royal family will be promoting one nation and not another. On some occasions Queen Elizabeth II had represented
10080-417: The line of succession , including the Act of Settlement 1701 and Bill of Rights 1689 , restrict the throne to the biological, legitimate descendants of Sophia of Hanover , and stipulate that the monarch cannot be a Roman Catholic and must be in communion with (i.e. a member of) the Church of England upon accession. Through the adoption of the Statute of Westminster (later repealed in New Zealand) and
10260-449: The oath of allegiance must be recited by all new parliamentarians before they may take their seat. Further, the official opposition is traditionally referred to as His Majesty's Loyal Opposition , illustrating that, while its members are opposed to the incumbent government, they remain loyal to the sovereign (as personification of the state and its authority). The sovereign is responsible for rendering justice for all his subjects, and
10440-406: The sesquicentennial of the Treaty of Waitangi between 1 and 16 February 1990; between 1 and 10 November 1995, she attended the CHOGM in Auckland and opened the newly refurbished parliament buildings; and, as part of her global tour for her Golden Jubilee , Elizabeth was in New Zealand from 22 to 27 February 2002. Some of the royal tours undertaken by more junior members of the royal family include
10620-509: The speech from the throne ; as they both are traditionally barred from the House of Representatives (the elected component of parliament), this ceremony takes place in the Legislative Council Chamber . Queen Elizabeth II personally opened parliament on seven occasions: January 1954, February 1963, March 1970, February 1974, February 1977, February 1986, and February 1990. Despite the sovereign's exclusion, members of parliament must still express their loyalty to him and defer to his authority, as
10800-420: The two national anthems , along with " God Defend New Zealand ", but has been generally restricted to official occasions where the monarch, a member of the royal family, or the governor-general is in attendance for a particular purpose. The right to declare a song a national anthem currently rests with the sovereign. As in other Commonwealth realms, the King's Birthday is a public holiday and, in New Zealand,
10980-407: The 1921 treaty. Generally, the British thought that this was morally objectionable but legally permitted by the Statute of Westminster. Robert Lyon Moore , a Southern Unionist from County Donegal , challenged the legality of the abolition in the Irish Free State's courts and then appealed to the Judicial Committee of the Privy Council (JCPC) in London. However, the Free State had also abolished
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#173278047892711160-414: The 1990 visit of Princess Anne to commemorate the 75th anniversary of the Gallipoli landings on Anzac Day , and when Prince William represented the Queen of New Zealand at VE and VJ Day commemorations in 2005, as part of an 11-day tour, and opened the new Supreme Court of New Zealand building in early 2010. Prince Edward spent two terms of the 1982 academic year as a house tutor and junior master at
11340-492: The 20th century. Dominions did not possess full sovereignty on an equal footing with the United Kingdom. The parliament of Canada passed a law barring appeals from its Supreme Court to the imperial Judicial Committee of the Privy Council in 1888, but in 1925 a judgement of the Privy Council determined that this law was invalid . Combined with the King–Byng affair the following year, this bred resentment in Canada and led to its insistence on full sovereignty. The leadership of
11520-439: The Act and abolished the Provinces from 1 January 1877, thus centralising New Zealand's government in its bicameral Parliament. In 1891 the composition of Legislative Council was changed, Councillors were no longer appointed for life; instead for terms of seven years with provision for reappointment. The Imperial Conference of 1907 resolved to allow certain colonies to become independent states, termed ' Dominions '. Following
11700-421: The Act is neither entrenched nor supreme law (as was mooted in the White Paper of 1985) and can, therefore, be repealed by a simple majority of Parliament. Because it is not supreme law, New Zealand's constitution is in theory comparatively easy to reform, requiring only a majority of members of Parliament to amend it, as illustrated by the abolition of the Legislative Council in 1950. Certain aspects of
11880-514: The Australian states . This statute limited the legislative authority of the British parliament over Canada, effectively giving the country legal autonomy as a self-governing Dominion, though the British parliament retained the power to amend Canada's constitution at the request of Canada. That authority remained in effect until the Constitution Act, 1982 , which transferred it to Canada, the final step to achieving full sovereignty. The British North America Acts —the written elements (in 1931) of
12060-596: The British Cabinet Office , the Royal Visits Committee , then coordinates the visit schedule and details with the Visits and Ceremonies Office (VCO). Such events have included centennials and bicentennials; Waitangi Day ; the openings of Commonwealth and other games; anniversaries of Māori treaty signings; awards ceremonies; anniversaries of the monarch's accession; and the like. Conversely, unofficial duties are performed by royal family members on behalf of New Zealand organisations of which they may be patrons , through their attendance at charity events, visiting with members of
12240-476: The British Parliament before it could become part of Canada's laws and affect the line of succession in Canada. The text of the British act states that Canada requested and consented (the only Dominion to formally do both ) to the act applying in Canada under the Statute of Westminster, while Australia, New Zealand, and the Union of South Africa simply assented. In February 1937, the South African Parliament formally gave its assent by passing His Majesty King Edward
12420-401: The Commonwealth realms, including New Zealand, could adopt its own royal titles for the monarch. The New Zealand Parliament enacted the Royal Titles Act in 1953, altering the style borne by Queen Elizabeth II and giving her the title of Elizabeth the Second, by the Grace of God of the United Kingdom, New Zealand and Her Other Realms and Territories Queen, Head of the Commonwealth, Defender of
12600-424: The Conference, the House of Representatives passed a motion requesting that King Edward VII "take such steps as he may consider necessary; to change New Zealand's official name from 'The Colony of New Zealand' to 'The Dominion of New Zealand'. Prime Minister Sir Joseph Ward prompted to move to "raise up New Zealand" and assured that it would "have no other effect than that of doing the country good". On 9 September,
12780-432: The Constitution Act 1986 and various unwritten conventions , which are derived from the Westminster system. Although New Zealand doesn't have a single overarching constitutional document, we certainly have a constitution. There is a careful balance between our executive, legislature and judiciary. That classic separation of powers is a fundamental feature of a constitution, to provide checks and balances. New Zealand has
12960-711: The Cook Islands within the Realm of New Zealand allow the King to be directly represented as head of state in Cook Islands affairs by the King's representative , while the governor-general of New Zealand represents the monarch in matters pertaining to the entire realm. The governor-general (themselves represented by state services commissioner) represents the monarch in Niue, carrying out all the monarch's constitutional and ceremonial duties of state on their behalf. The administrator of
13140-469: The Crown (the death or abdication of a monarch), the late sovereign's heir immediately and automatically succeeds, without any obligatory need for affirmation or further ceremony—hence arises the phrase " The King is dead. Long live the King! " It is customary, though, for the accession of the new monarch to be publicly proclaimed at a ceremony attended by the governor-general and senior state officials. Following an appropriate period of national mourning ,
13320-452: The Crown only if that person is a member of Parliament". The prime minister and all other ministers take office upon receiving a warrant by the governor-general; this is based on the principle that all executive power ultimately stems from the sovereign. A government must be able to gain and maintain the support of a majority of the MPs in order to advise the governor-general and sovereign; this
13500-456: The Crown to act in a manner that is inconsistent with the principles of the Treaty of Waitangi." The New Zealand Bill of Rights Act sets out the civil and political rights of New Zealand citizens against the three branches of government and entities and persons exercising public functions. The Act is not entrenched , and can, in theory, be amended by Parliament by a simple majority. Prior to European settlement of New Zealand, Māori society
13680-693: The Declaration was acknowledged by King William IV , it did not provide a permanent solution to the issue of governance. In 1839 Letters Patent were created purported to extend the jurisdiction of the colony of New South Wales to New Zealand, in effect to annexe "any territory which is or may be acquired ... within that group of Islands known as New Zealand". This strategy was adopted by the Colonial Office in order to allow time for Captain William Hobson to legally acquire sovereignty from
13860-555: The Duke and Duchess of York (later King George VI and Queen Elizabeth The Queen Mother ) in 1927; and Prince Henry, Duke of Gloucester , from 1934 to 1935. Queen Elizabeth II was the first reigning monarch of New Zealand to tour the country, becoming such when she arrived during her 1953–1954 global tour; she broadcast from Government House in Auckland her annual royal Christmas message . Queen Elizabeth II also toured New Zealand on
14040-577: The Eighth's Abdication Act, 1937 , which declared that Edward VIII had abdicated on 10 December 1936; that he and his descendants, if any, would have no right of succession to the throne; and that the Royal Marriages Act 1772 would not apply to him or his descendants, if any. The move was largely done for symbolic purposes, in an attempt by Prime Minister J. B. M. Hertzog to assert South Africa's independence from Britain. In Canada,
14220-556: The Electoral Act 1993 in line with this result until 2006 when a bill was introduced by New Zealand First MP Barbara Stewart to reduce the size of Parliament to 100. The bill passed its first reading by 61 votes to 60 but was voted down at its second reading after it was recommended by Select Committee that the bill be dropped. Referendums on constitutional issues in New Zealand (outcome in bold): A poll by TVNZ in 2004 found 82% of those surveyed thought New Zealand should have
14400-557: The Executive Council would not amend the legislation unilaterally. The other Dominions backed Cosgrave and, when an amendment to similar effect was proposed at Westminster by John Gretton , parliament duly voted it down. When the statute became law in the UK, Patrick McGilligan , the Free State Minister for External Affairs , stated: "It is a solemn declaration by the British people through their representatives in Parliament that
14580-715: The Faith . Subsequent to the passage of the Royal Titles Act 1974 , the monarch's title in New Zealand is currently Charles the Third, By the Grace of God King of New Zealand and of His Other Realms and Territories, Head of the Commonwealth , Defender of the Faith . Although the King's New Zealand title includes the phrase 'Defender of the Faith', neither the sovereign nor the governor-general has any religious role in New Zealand; there has never been an established church in
14760-463: The Free State's Vice-President of the Executive Council , declared that "Ireland secured by that 'surrender' [the Treaty] a constitutional status equal to that of Canada. 'Canada,' said the late Mr. Bonar Law ,' is by the full admission of British statesmen equal in status to Great Britain and as free as Great Britain'. The constitutional status of Ireland, therefore, as determined by the Treaty of 1921,
14940-622: The Government released the Bill of Rights White paper and also introduced the Constitution Act 1986 , the first major review of the New Zealand Constitution Act for 134 years. Prior to this Act, only 12 of the 82 provisions of the 1852 Act remained in place. The Act consists of five main parts, covering the sovereign, the executive, the legislature, the judiciary, and miscellaneous provisions. Parliament also passed
15120-414: The House of Representatives, or by a majority of valid votes in a popular referendum . Section 268 itself is not protected by this provision, so a government could legally repeal Section 268 and go on to alter the entrenched portions of law, both with a mere simple majority in Parliament. However, the entrenchment provision has enjoyed longstanding bipartisan support, and the electoral consequences of using
15300-673: The Imperial Parliament to extend to that colony. This had the dual effect of granting colonies autonomy within their borders while subordinating them to the British Parliament otherwise. Most of the remaining colonies in North America ;– everything north of the United States with the exception of Newfoundland – were merged into a federal polity known as "Canada" in
15480-529: The Irish Free State becoming simply "Ireland", or, in the Irish language , Éire . The head of state of Ireland remained unclear until 1949 , when Ireland unambiguously became a republic outside the Commonwealth of Nations by enacting The Republic of Ireland Act 1948 . In some countries where the Statute of Westminster forms a part of the constitution, the anniversary of the date of the passage of
15660-481: The Irish Free State, meanwhile, was dominated by those who had fought a war of independence against Britain and who had agreed to dominion status as a compromise; they took a maximalist view of the autonomy they had secured in the Anglo-Irish Treaty and pushed for recognition of their state's sovereignty, which would have implications for the other dominions as well. The 1926 Imperial Conference led to
15840-684: The Judicature Act, which describes the Jurisdiction of the New Zealand Judiciary; and the Legislature Act, setting out the powers of Parliament. The latter is now largely repealed, with only certain provisions that codify aspects of parliamentary privilege remaining. The Imperial Conference of 1926 affirmed the Balfour Declaration of 1926 , which stated Britain's Dominions were "equal in status". In respect of
16020-746: The New South Wales administration had little interest in New Zealand. Amid increasing lawlessness and dubious land transactions between Māori and Europeans, the British Colonial Office appointed James Busby as British Resident to New Zealand. Busby convened the Confederation of Chiefs of the United Tribes of New Zealand , which adopted the Declaration of Independence of New Zealand at Waitangi in 1835. While
16200-564: The New Zealand Defence Force as colonel-in-chief , or marking certain key anniversaries. Since 1869, when Prince Alfred , one of Queen Victoria's sons, arrived on New Zealand's shores, dozens of tours of New Zealand by a member of the royal family have taken place, though only five of those occurred before 1953. After Alfred came the Duke and Duchess of Cornwall and York (later King George V and Queen Mary ) in 1901; The Prince of Wales (later King Edward VIII ), in 1920;
16380-437: The New Zealand Parliament full sovereign powers to amend or repeal the New Zealand Constitution Act 1852. The Parliament of the United Kingdom could still pass laws at the request of the New Zealand Parliament. This residual power, which was used only for the 1947 Amendment Act, was abolished with the passing of the Constitution Act 1986 , which repealed the 1852 Constitution Act. As a result of these changes, New Zealand became
16560-583: The New Zealand Parliament in 1979 as the "fastest law maker in the West". Immediately following the 1984 election in which the Labour Party gained a parliamentary majority, a constitutional crisis arose when incumbent Prime Minister Sir Robert Muldoon of the National Party refused to implement the instructions of Prime Minister-elect David Lange to devalue the New Zealand dollar to head off
16740-453: The New Zealand Parliament. " The Crown in right of New Zealand" has been legally divided from the British monarchy following New Zealand's adoption of the 1931 Statute of Westminster in 1947. "The Crown" is regarded as the embodiment of the state , with the monarch at the centre of a construct in which the power of the whole is shared by multiple institutions of government acting under
16920-437: The Parliament of the United Kingdom also repealed ss 4 and 7(1) of the Statute of Westminster as applied to Canada. The Statute of Westminster, as amended, remains a part of the constitution of Canada by virtue of section 52(2)( b ) of and the schedule to the Constitution Act, 1982. The Newfoundland Terms of Union expressly provide for the application of the Statute of Westminster to the province of Newfoundland and Labrador. As
17100-563: The Parliament of the United Kingdom passed the New Zealand Government Act of 1840, allowing the establishment of a colonial administration in New Zealand separated from New South Wales. Following this enactment, the Royal Charter of 1840 was declared. The Charter allowed for the establishment of the Legislative Council and Provincial Councils; Hobson was then declared Lieutenant-Governor of New Zealand and divided
17280-475: The Privy Council for future appeals, has continued to develop the presumption. Judgment was delivered on 3 March 2015 in the last appeal from New Zealand to be heard by the Privy Council. The place of the Treaty of Waitangi in the constitution is the subject of much debate. The Treaty has no inherent legal status, but is treated in various statutes and is increasingly seen as an important source of constitutional law . The Treaty of Waitangi Act 1975 put
17460-492: The Queen Elizabeth II definitive stamp. There are references to St Edward's Crown , on New Zealand's coat of arms , on various medals, and awards. These latter cases reflect the monarch's place as the formal head of the New Zealand royal honours system . As such, only he can approve the creation of an honour , which he does on the advice of the prime minister. Though the monarch himself formally appoints members to
17640-572: The Queen, Māori activist Dun Mihaka offered a traditional rebuke by baring his buttocks at the Prince and Princess of Wales . In a later incident Mihaka attempted to crash into the Queen's motorcade; he was intercepted by police before this happened. In the Māori language , Queen Elizabeth II is sometimes referred to as te kōtuku-rerenga-tahi , meaning "the white heron of a single flight"; in Māori proverb,
17820-554: The Statute of Westminster, especially because of financial troubles and corruption there. By request of the Dominion's government, the United Kingdom established the Commission of Government in 1934, resuming direct rule of Newfoundland. That arrangement remained until Newfoundland became a province of Canada in 1949 following referendums on the issue in 1948 . The Statute of Westminster became applicable to Newfoundland when it
18000-559: The Statute of Westminster, its Executive Council (cabinet) taking the view that the Anglo-Irish Treaty of 1921 had already ended Westminster's right to legislate for the Irish Free State. The Free State's constitution gave the Oireachtas "sole and exclusive power of making laws". Hence, even before 1931, the Irish Free State did not arrest deserters from the British Army and Royal Air Force on its territory, even though
18180-558: The UK believed post-1922 British laws gave the Free State's Garda Síochána the power to do so. The UK's Irish Free State Constitution Act 1922 said, however, " [n]othing in the [Free State] Constitution shall be construed as prejudicing the power of [the British] Parliament to make laws affecting the Irish Free State in any case where, in accordance with constitutional practice, Parliament would make laws affecting other self-governing Dominions". In 1924, Kevin O'Higgins ,
18360-530: The United Kingdom Parliament enacted before 1947 (notably the Bill of Rights 1689 ); and statutes of the New Zealand Parliament . In interpreting common law, there is a rebuttable presumption in support of uniformity with common law as interpreted in the United Kingdom and related jurisdictions. Non-uniformity arises where the New Zealand courts consider local conditions to warrant it or where
18540-452: The United Kingdom, Canada, Australia, and New Zealand over matters of change to the monarchy, though the Statute of Westminster is not part of their laws. Ireland and South Africa are now republics and Newfoundland is now part of Canada as a province. Australia adopted sections 2 to 6 of the Statute of Westminster with the Statute of Westminster Adoption Act 1942 , in order to clarify the validity of certain Australian legislation relating to
18720-541: The United Kingdom, and often likened to a treaty amongst these nations. In that spirit, the Commonwealth realms reached the Perth Agreement in 2011, committed to repeal the Royal Marriages Act 1772 , which gave precedence to male heirs and excluded from succession a person married to a Roman Catholic. In New Zealand this was accomplished through the Royal Succession Act 2013 . Upon a demise of
18900-660: The United Kingdom, while her governor-general represented New Zealand, with both in attendance at the same event. The Crown sits at the pinnacle of the New Zealand Defence Force . The governor-general is commander-in-chief , and under the Defence Act 1990 is authorised to "raise and maintain armed forces", consisting of the Royal New Zealand Navy , New Zealand Army and Royal New Zealand Air Force . The sovereign's position as head of
19080-670: The United Tribes of New Zealand by treaty. On 6 February 1840, the first copy of the Treaty of Waitangi (Te Tiriti o Waitangi) was signed at Waitangi. Several subsequent copies were signed at various places around the North and South Islands. On 21 May Hobson issued two proclamations of British sovereignty over New Zealand, one for the North Island by Treaty, and the other for the South Island by discovery (the South Island
19260-561: The ability to invalidate Acts of Parliament via judicial review was rejected. Parliament still functions as the supreme lawmaker. The last major constitutional reform of the Fourth Labour Government was the New Zealand Bill of Rights Act 1990 (NZBORA). The NZBORA puts New Zealand's commitment to the 1977 International Covenant on Civil and Political Rights (ICCPR) into effect in New Zealand law. However,
19440-402: The application of the law to their respective jurisdictions. Section 10 of the statute provided that sections 2 to 6 would apply in the other three Dominions—Australia, New Zealand , and Newfoundland – only after the respective parliament of that Dominion had legislated to adopt them. Since 1931, over a dozen new Commonwealth realms have been created, all of which now hold the same powers as
19620-534: The appointment papers of governors-general, the confirmation of awards of New Zealand royal honours , and the approval of any change in is New Zealand title. The royal prerogative also extends to foreign affairs: the governor-general conducts treaties , alliances and international agreements on the advice of the Cabinet. Prior to the Lomé Convention in 1975, the monarch, rather than the governor-general, would sign treaties on behalf of New Zealand. Following
19800-431: The armed forces is reflected in New Zealand's naval vessels bearing the prefix His Majesty's New Zealand Ship ( Her Majesty's New Zealand Ship in the reign of a female monarch), and in the requirement that all members of the armed forces swear their allegiance to the sovereign and his or her heirs and successors. The governor-general commissions officers to command the forces. Allegiance [by Defence Force personnel
19980-582: The basis for the relationship between the Dominions (now called Commonwealth realms ) and the Crown . Passed on 11 December 1931, the statute increased the sovereignty of the self-governing Dominions of the British Empire from the United Kingdom . It also bound them all to seek each other's approval for changes to monarchical titles and the common line of succession. The statute was effective either immediately or upon ratification. It thus became
20160-425: The centre is a dark blue roundel bearing an initial 'E' surmounted by a crown, all within a gold chaplet of roses. The current monarch, King Charles III, has not adopted a personal flag for New Zealand. Music and song are utilised in various ways as reminders and identifiers of the sovereign. New Zealand inherited the anthem " God Save the King " (or, alternatively, "God Save the Queen") from Britain. It remains one of
20340-578: The colonies; in South Australia , justice Benjamin Boothby caused a nuisance by striking down several local laws as contrary ("repugnant") to the legislation in Britain. Westminster rectified this situation by passing the Colonial Laws Validity Act 1865 , which allowed the colonies to pass legislation different from that in Britain provided that it was not repugnant to any law expressly passed by
20520-463: The colony into two provinces (North Island—New Ulster, South Island—New Munster), named after the Northern and Southern Irish provinces . On 3 May 1841, New Zealand was established as a Crown colony in its own right, with Hobson declared governor. The Imperial Parliament (Westminster) passed the first New Zealand Constitution Act 1846 empowering the government in New Zealand in 1846. The Act
20700-477: The constitution are entrenched , after a fashion. Section 268 of the Electoral Act declares that the law governing the maximum term of Parliament (itself part of the Constitution Act), along with certain provisions of the Electoral Act relating to the redistribution of electoral boundaries, the voting age, and the secret ballot , may only be altered either by three-quarters of the entire membership of
20880-637: The country. This is one of the key differences from the King's role in England , where the monarch is supreme governor of the Church of England . The King's elder son, William, Prince of Wales , is the first in line to the throne. Succession is, for persons born before 28 October 2011, governed by male-preference cognatic primogeniture and, for those born after 28 October 2011, by absolute primogeniture—wherein succession passes to an individual's children according to birth order, regardless of sex. Laws governing
21060-450: The course of the 20th century. Since the passage of the Statute of Westminster in 1931, the pan-national Crown has had both a shared and separate character, and the sovereign's role as monarch of New Zealand has been distinct to his or her position as monarch of the United Kingdom. The monarchy thus ceased to be an exclusively British institution and has become a separate establishment within New Zealand. Nonetheless, for historical reasons,
21240-455: The enactment thereof. It also provides in section 2(1): No law and no provision of any law made after the commencement of this Act by the Parliament of a Dominion shall be void or inoperative on the ground that it is repugnant to the Law of England, or to the provisions of any existing or future Act of Parliament of the United Kingdom, or to any order, rule or regulation made under any such Act, and
21420-585: The federal Parliament passed the Succession to the Throne Act, 1937 , to assent to His Majesty's Declaration of Abdication Act and ratify the government's request and consent to it. In the Irish Free State , Prime Minister Éamon de Valera used the departure of Edward VIII as an opportunity to remove all explicit mention of the monarch from the Constitution of the Irish Free State , through
21600-470: The final form of the Statute of Westminster included the Irish Free State among the Dominions the British Parliament could not legislate for without the Dominion's request and consent. Originally, the UK government had wanted to exclude from the Statute of Westminster the legislation underpinning the 1921 treaty, from which the Free State's constitution had emerged. Executive Council President (Prime Minister) W. T. Cosgrave objected, although he promised that
21780-547: The first Parliament of New Zealand elected under this Act was the English Acts Act of 1854, which affirmed the application of 17 English statutes to New Zealand. This was expanded by the English Laws Act of 1858, which extended it to all English statutes in existence as at 14 January 1840; specifically the Bill of Rights 1689 , and Habeas Corpus . The powers of the New Zealand Parliament were clarified by
21960-562: The following year by the King in a letter from Lord Glenelg . As a result, the declaration's ratification by the British Parliament in 1836, officials in the Colonial Office determined in 1839 that a treaty of cessation would need to be signed with Māori for the British Crown to acquire sovereignty over New Zealand. The Treaty of Waitangi was signed in 1840 by representatives of the British Crown and over 500 Māori chiefs, It
22140-400: The governor-general up to date on state affairs. In the construct of constitutional monarchy and responsible government , the ministerial advice tendered is typically binding, a situation described as "The [King] reigns , but the government rules , so long as it has the support of the House of Representatives." The royal prerogative belongs to the Crown and not to any of the ministers, and
22320-472: The governor-general, also grants immunity from prosecution, exercises the royal prerogative of mercy , and may pardon offences against the Crown, either before, during, or after a trial. Members of the royal family have been present in New Zealand since the late 1800s, their reasons including participating in military manoeuvres or undertaking official royal tours. Usually important milestones, anniversaries, or celebrations of New Zealand culture will warrant
22500-421: The governor-general, the Declaration stated that they held: "the same position in relation to the administration of public affairs in the Dominion" as was held by the monarch in the United Kingdom. The governor-general was thus bound by the advice of their responsible ministers. To give effect to the 1926 conference declarations, the Statute of Westminster 1931 was passed thus lifting the restrictions created by
22680-419: The granting of royal assent , which is necessary for a bill to be enacted as law; either figure or a delegate may perform this task; this is now a matter of convention. The Crown is further responsible for summoning and dissolving the parliament, after which the governor-general usually calls for a general election . The new parliamentary session is marked by either the monarch or the governor-general reading
22860-463: The head of state, but most wish to retain the monarchy. The Realm of New Zealand is one of the Commonwealth realms , 15 independent members of the Commonwealth of Nations that share the same person as sovereign and head of state, and have in common the same royal line of succession. The monarch, currently King Charles III , lives in the United Kingdom ; however, he and his family have toured New Zealand on occasion. This arrangement emerged during
23040-403: The issue, with MMP being adopted in 1993 and implemented in 1996. Although MMP has resulted in many changes to New Zealand's political system, such as more complex governing arrangements negotiated between multiple parties , significant aspects of New Zealand's constitution remained the same following its adoption. For example, a proposal to create a supreme bill of rights that would grant courts
23220-426: The issue. The Citizens Initiated Referenda Act 1993 allows for non-binding referendums 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 overwhelmingly voted in favour of the proposal. However, there were no moves to amend
23400-623: The late 16th century. These early colonies were largely run by private companies rather than the Crown directly, but by the end of the century had ( except for India ) been subsumed under Crown control. Oversight of these colonies oscillated between relatively lax enforcement of laws and centralisation of power depending on the politics of the day, but the Parliament in Westminster always remained supreme. Most colonies in North America broke away from British rule and became independent as
23580-464: The late 1860s and early 1870s. Canada was termed a " dominion ", a term previously used in slightly different contexts in English history, and granted a broad array of powers between the federal government and the provincial governments. Australia was similarly deemed a dominion when it federated in 1901 , as were Newfoundland, New Zealand, South Africa, and the Irish Free State in the first decades of
23760-466: The law has been codified by New Zealand statute. The maintenance of the Judicial Committee of the Privy Council in London as the final court of appeal and judges' practice of tending to follow British decisions, even though, technically, they are not bound by them, both bolstered this presumption. The Supreme Court of New Zealand , which was established by legislation in October 2003 and which replaced
23940-400: The law of each Dominion. For expediency and to avoid embarrassment, the British government had suggested the Dominion governments regard whoever is monarch of the UK to automatically be their monarch, but the Dominions rejected this. Prime Minister of Canada William Lyon Mackenzie King pointed out that the Statute of Westminster required Canada's request and consent to any legislation passed by
24120-480: The members of the Commonwealth in relation to one another that any alteration in the law touching the succession to the throne or the royal style and titles shall hereafter require the assent as well of the parliaments of all the Dominions as of the Parliament of the United Kingdom: Though a preamble is not considered to have the force of statute law, that of the Statute of Westminster has come to be
24300-459: The military through participation in military ceremonies both at home and abroad. The country's only currently ranked admiral of the fleet , field marshal and marshal of the air force is King Charles III. The ranks were also formerly held by Prince Philip , the consort of Queen Elizabeth II . Various regiments have also received a royal prefix, such as the Corps of Royal New Zealand Engineers ,
24480-559: The monarch and governor-general and, in New Zealand law, the two offices are fully interchangeable, mention of one always simultaneously including the other. As of 2021, the current Governor-General is Dame Cindy Kiro . Before 1953 the sovereign's title was the same throughout all his or her realms and territories. It was agreed at the Commonwealth Economic Conference in London in December 1952 that each of
24660-411: The monarch is also crowned in the United Kingdom in an ancient ritual, but one not necessary for a sovereign to reign. Other than a transfer of all royal powers and functions to the new monarch from his or her predecessor, no other law or office is affected, as all references in legislation to previous monarchs, whether in the masculine (e.g. "His Majesty") or feminine (e.g. "the Queen"), continue to mean
24840-539: The monarch is the employer of all government staff (including judges, members of the Defence Force, police officers, and parliamentarians ), as well as the owner of all state land and buildings ( Crown property including Crown land ), state-owned companies and agencies ( Crown entities ), and the copyright for all government publications ( Crown copyright ). I, [specify], swear that I will be faithful and bear true allegiance to Her [or His] Majesty [specify
25020-424: The monarch or governor-general may unilaterally use these powers in exceptional constitutional crisis situations, thereby allowing the monarch to make sure that the government conducts itself in compliance with the constitution. There are also a few duties which must be specifically performed by, or bills that require assent by, the sovereign; these include applying the royal sign-manual and Seal of New Zealand to
25200-480: The monarch personally. Moreover, as the monarch is not normally resident in the country, the sovereign's representative in and over the Realm of New Zealand is the governor-general . The sovereign appoints the governor-general on the advice of the prime minister , who usually consults with the leader of the Opposition about the nomination. The office is largely ceremonial, although the governor-general holds
25380-422: The monarch resides in the United Kingdom (the oldest Commonwealth realm), most of the royal constitutional and ceremonial duties within the Realm of New Zealand are typically carried out by his or her representative, the governor-general of New Zealand . The role of the monarchy is a recurring topic of public discussion. Some New Zealanders think New Zealand should become a republic with a New Zealand resident as
25560-424: The monarchy and creating a republic than in the latter, where the republicanism movement is stronger. Past public opinion polls have shown that while the majority of Australians are in favour of a republic, New Zealanders on average favour retaining the monarchy. Supporters of the monarchy claim that for New Zealand, "monarchy summarises the inheritance of a thousand years of constitutional government and our links with
25740-427: The monarchy and monarch are termed "British" in both legal and common language; this conflicts with not only the New Zealand government's recognition of a distinctly New Zealand Crown , but also the sovereign's distinct New Zealand title. On all matters pertaining to the New Zealand state, the monarch is advised solely by New Zealand ministers of the Crown , with no input from British or other realms' ministers. One of
25920-751: The monarchy argue it costs New Zealand taxpayers only a small outlay for royal engagements and tours and the expenses of the governor-general's establishment. Monarchy New Zealand states "[t]his figure is about one dollar per person per year", about $ 4.3 million per annum. An analysis by New Zealand Republic (a republican advocacy group) of the 2010 budget claimed the office of governor-general costs New Zealand taxpayers about $ 7.6 million in ongoing costs and $ 11 million for Government House upgrades, figures Monarchy New Zealand claimed had been "arbitrarily inflated" by New Zealand Republic. The sovereign of New Zealand also serves as monarch to Cook Islands and Niue , territories in free association with New Zealand within
26100-501: The name of the reigning Sovereign], Her [or His] heirs and successors, according to law. So help me God. As the embodiment of the state, the monarch is the locus of oaths of allegiance , required of many employees of the Crown, as well as by new citizens, as per the oath of citizenship laid out in the Citizenship Act . This is done in reciprocation to the sovereign's Coronation oath ; at the coronation of Charles III he made
26280-416: The nature of electoral reform in New Zealand . Many groups advocate constitutional reform by referendum, for example New Zealand Republic supports a referendum on a republic . The Privy Council as New Zealand's highest court of appeal was replaced by the Supreme Court of New Zealand by a simple Act of Parliament despite calls from New Zealand First , National and ACT for a referendum to be called on
26460-470: The performance of their duties when in New Zealand or acting as monarch of New Zealand abroad. New Zealanders do not pay any money to the King or any other member of the royal family, either towards personal income or to support royal residences outside of New Zealand. Normally, tax dollars pay only for the costs associated with the governor-general as instruments of the King's authority, including travel, security, residences, offices and ceremonies. Supporters of
26640-472: The power to change or abolish elements of the constitution. There are some exceptions to this though – the Electoral Act 1993 requires certain provisions can only be amended following a referendum . After decades of self-governance , New Zealand gained full statutory independence from Britain in 1947. It is a constitutional monarchy with a parliamentary democracy . The monarch of New Zealand
26820-448: The powers inherent in the Treaty position are what we have proclaimed them to be for the last ten years." He went on to present the statute as largely the fruit of the Free State's efforts to secure for the other Dominions the same benefits it already enjoyed under the treaty. The Statute of Westminster had the effect of granting the Irish Free State internationally recognised independence. Éamon de Valera led Fianna Fáil to victory in
27000-450: The powers of the Parliament of a Dominion shall include the power to repeal or amend any such Act, order, rule or regulation in so far as the same is part of the law of the Dominion. The whole statute applied to the Dominion of Canada , the Irish Free State , and the Union of South Africa without the need for any acts of ratification; the governments of those countries gave their consent to
27180-454: The prefix royal , have received patronage from various monarchs and their families. Royal patronage is the royal individual's decision to make, though the Ministry for Culture and Heritage will help organisations to seek patronage. Despite a similar level of political involvement by the monarchy in both New Zealand and neighbouring Australia, there is less agitation in the former for ending
27360-506: The presence of the monarch, while other royals will be asked to participate in lesser occasions. Official duties involve the sovereign representing the New Zealand state at home or abroad, or their relations as members of the royal family participating in government organised ceremonies either in New Zealand or elsewhere. An invitation from the Prime Minister of New Zealand is the impetus for royal participation in any New Zealand event, with informal consultation occurring beforehand. A committee of
27540-401: The principles of equality set out in the Balfour Declaration. Both Canada and the Irish Free State pushed for the ability to amend the succession laws themselves and section 2(2) (allowing a Dominion to amend or repeal laws of paramount force, such as the succession laws, insofar as they are part of the law of that Dominion) was included in the Statute of Westminster at Canada's insistence. After
27720-417: The proportionality of the House, but only to a limited degree). Seven electorates are currently reserved for members elected on a separate Māori roll. However, Māori may choose to vote in and to run for the non-reserved seats, and several have entered Parliament in this way. The Cabinet , which is responsible to Parliament, exercises executive authority . The Cabinet forms the practical expression of
27900-404: The rare white heron is a significant bird seen only once in a lifetime. In 1953, for her coronation , Elizabeth was given a kiwi feather korowai cloak , which she wore when attending a pōwhiri , or Māori welcoming ceremony, also speaking partly in Māori. References to the monarchy are commonplace in public life in New Zealand and represent one of the most recognisable ways the head of state
28080-437: The reigning sovereign of New Zealand. After an individual ascends the throne, he or she typically continues to reign until death, being unable to unilaterally abdicate. Regency Acts allow for regencies in the event of a monarch who is a minor or who is physically or mentally incapacitated. When a regency is necessary, the next qualified individual in the line of succession automatically becomes regent, unless they themselves are
28260-427: The restructuring of the New Zealand economy by the Fourth Labour Government . Because the state-owned enterprises were essentially private firms owned by the government, they would prevent assets that had been given by Māori for use by the state from being returned to Māori by the Waitangi Tribunal. The Māori Council sought enforcement of section 9 of the State-Owned Enterprises Act 1986: "Nothing in this act shall permit
28440-483: The right of appeal to the JCPC. In 1935, the JCPC ruled that both abolitions were valid under the Statute of Westminster. The Irish Free State, which in 1937 was renamed Ireland , left the Commonwealth in 1949 upon the coming into force of The Republic of Ireland Act 1948 . The Parliament of New Zealand adopted the Statute of Westminster by passing its Statute of Westminster Adoption Act 1947 in November 1947. The New Zealand Constitution Amendment Act , passed
28620-433: The rules of succession to the Crown . The second paragraph of the preamble to the statute reads: And whereas it is meet and proper to set out by way of preamble to this act that, inasmuch as the Crown is the symbol of the free association of the members of the British Commonwealth of Nations , and as they are united by a common allegiance to the Crown, it would be in accord with the established constitutional position of all
28800-399: The same year, empowered the New Zealand Parliament to change the constitution, but did not remove the ability of the British Parliament to legislate regarding the New Zealand constitution. The remaining role of the British Parliament was removed by the New Zealand Constitution Act 1986 and the Statute of Westminster was repealed in its entirety. The Dominion of Newfoundland never adopted
28980-424: The signing of the convention, it was decided that the governor-general could sign such instruments. The governor-general, on behalf of the monarch, also accredits New Zealand high commissioners and ambassadors, and receives similar diplomats from foreign states. The letters of credence and recall were formerly issued by the monarch, but now are issued in the name of the incumbent governor-general (instead of following
29160-505: The so-nicknamed " suicide squad " to allow the passage of the Legislative Council Abolition Act 1950 by the House of Representatives to abolish the upper house. Despite proposals to re-establish an upper house, such as Jim Bolger 's Senate proposal in 1990, New Zealand's Parliament remains unicameral . As such, legislation is able to progress through the legislative stages much faster in comparison to other Westminster-style parliament. Legal academic and politician Geoffrey Palmer described
29340-409: The sovereign's authority. The monarch is a component of Parliament , and the Royal Assent is required to allow for bills to become law. In practice the monarch takes little direct part in the day-to-day functions of government; the decisions to exercise sovereign powers are delegated from the monarch, either by statute or by convention, to ministers of the Crown , or other public bodies, exclusive of
29520-413: The sovereign's successor as being "determined in accordance with the enactment of the Parliament of England intituled The Act of Settlement". This means that the head of state of the United Kingdom under the Act of Settlement 1701 is also the head of state of New Zealand. Under the Imperial Laws Application Act 1988 , however, the Act of Settlement is deemed a New Zealand Act, which may be amended only by
29700-400: The state duties carried out on the formal advice of the New Zealand prime minister is the appointment of the governor-general . As the monarch lives outside of New Zealand, the governor-general personally represents the monarch and performs most of his or her domestic duties in their absence, in accordance with Letters Patent 1983 . All royal powers in New Zealand may be carried out by both
29880-476: The statute was passed, the British parliament could no longer make laws for the Dominions, other than with the request and consent of the government of that Dominion. The statute provides in section 4: No Act of Parliament of the United Kingdom passed after the commencement of this Act shall extend, or be deemed to extend, to a Dominion as part of the law of that Dominion, unless it is expressly declared in that Act that that Dominion has requested, and consented to,
30060-466: The territory of Tokelau is a government official appointed by New Zealand's minister of foreign affairs to represent the New Zealand Government—not the monarch personally. As the living embodiment of the Crown , the sovereign is regarded as the personification , or legal personality , of the New Zealand state , with the state therefore referred to as His Majesty The King in Right of New Zealand , or The Crown ( Māori : Te Karauna ). As such,
30240-405: The text of the Treaty in statute for the first time (as a schedule) and created the Waitangi Tribunal to investigate claims relating to the application of the principles of the Treaty. The Act was initially prospective but was amended in 1985 so that claims dating back to the signing of the Treaty in 1840 could be investigated. References to the " principles of the Treaty of Waitangi " appear in
30420-417: The three branches of Government in New Zealand: The Executive (the Executive Council, as the Cabinet has no formal legal status), the legislature (the House of Representatives and Sovereign in Parliament) and the judiciary (Court system). As per the Constitution Act 1986, New Zealand is a constitutional monarchy , wherein the role of the reigning sovereign is both legal and practical. The underlying principle
30600-407: The usual international process of the letters being from one head of state to another). The issuance of passports falls under the royal prerogative, and all New Zealand passports are issued in the monarch's name and remain his property. The sovereign is one of the two components of the New Zealand Parliament . The monarch and governor-general do not participate in the legislative process save for
30780-428: The various orders, the governor-general administers most other responsibilities relating to New Zealand honours on the sovereign's behalf (such as investitures). Similar to coats of arms, flags are utilised to represent royal authority. A personal flag for use by the Queen in New Zealand was adopted in 1962. It features the shield design of the New Zealand coat of arms in the form of an oblong or square. Superimposed in
30960-449: The wider Realm of New Zealand . The New Zealand monarchy is unitary throughout all jurisdictions in the realm, with the headship of state being a part of all equally. As such, the sovereignty of Cook Islands and Niue is passed on not by the governor-general or parliament of New Zealand but through the overreaching Crown itself as part of executive, legislative and judicial operations in all three areas. The self-government provisions for
31140-417: Was admitted to Canada. Although the Union of South Africa was not among the Dominions that needed to adopt the Statute of Westminster for it to take effect, two laws—the Status of the Union Act, 1934 , and the Royal Executive Functions and Seals Act of 1934—were passed to confirm South Africa's status as a fully sovereign state. The preamble to the Statute of Westminster sets out a guideline for changing
31320-409: Was also rejected by the Dominions. All of these negotiations occurred at a diplomatic level and never went to the Commonwealth parliaments. The enabling legislation that allowed for the actual abdication ( His Majesty's Declaration of Abdication Act 1936 ) did require the assent of each Dominion parliament to be passed and the request and consent of the Dominion governments so as to allow it to be part of
31500-422: Was an American divorcée. Baldwin was able to get the then-five Dominion prime ministers to agree with this and, thus, register their official disapproval at the King's planned marriage. The King later requested the Commonwealth prime ministers be consulted on a compromise plan, in which he would wed Simpson under a morganatic marriage , pursuant to which she would not become queen. Under Baldwin's pressure, this plan
31680-474: Was based largely around tribal units: iwi and hapū . As contact with Europeans increased, there arose a need for a single governing entity. In 1788, the colony of New South Wales was founded. According to Governor Arthur Phillip 's amended Commission dated 25 April 1787, the colony included "all the islands adjacent in the Pacific Ocean" and running westward on the continent to the 135th meridian east . Until 1840, this technically included New Zealand, but
31860-440: Was declared " Terra nullius " or devoid of people.) A further declaration on 23 May decried the "illegal assumption of authority" by the New Zealand Company settlements in Port Nicholson ( Wellington and Britannia, later Petone ) establishing their own 12-member governing council. Hobson sought to prevent the establishment of what he saw as a 'republic', that is, an independent state outside of his jurisdiction. In August 1840,
32040-417: Was not used to implement the result of the 1933 Western Australian secession referendum , as it did not have the support of the Australian government. All British power to legislate with effect in Australia ended with the Australia Act 1986 , the British version of which says that it was passed with the request and consent of the Australian Parliament, which had obtained the concurrence of the parliaments of
32220-402: Was signed on 6 February 1840. This laid the foundation for the proclamation of British sovereignty over New Zealand on 21 May 1840; the British monarch became New Zealand's head of state. The country gradually became independent from Britain and the monarchy evolved to become a distinctly New Zealand institution, represented by unique symbols . The individual who is the New Zealand monarch
32400-458: Was to be fully implemented in 1848, but was never put in place because the governor-in-chief at the time, Sir George Grey , declined to apply it for a number of reasons. Instead, the Act was suspended for five years. Grey ruled with the powers of a dictator for the next five years; appointing Provincial councils at his pleasure. Following the suspension of the 1846 Act, the Imperial Parliament moved again to grant New Zealand self-government with
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