The Constitution Act 1986 is the principal formal statement of New Zealand's Constitution.

It severed the last remaining ties of New Zealand to the British Parliament. The act repealed and replaced the New Zealand Constitution Act 1852 and the Statute of Westminster and removed the ability for the British (Westminster) parliament to pass laws for New Zealand with the consent of New Zealand's parliament; a legal possibility that had remained in theory but had only been exercised one time (the New Zealand Constitution (Amendment) Act, when New Zealand adopted the (1931) Statute of Westminster in 1947).

Background

1984 constitutional crisis

After the 1984 election, there was an awkward transfer of power from the outgoing Third National government to the new Fourth Labour government in the midst of a financial crisis. Outgoing Prime Minister Robert Muldoon was initially unwilling to accept instruction from the Prime Minister elect to devalue the currency. Eventually he relented, but only after his own party caucus had threatened to replace him.

An Official Committee on Constitutional Reform was set up by the Labour Government to review New Zealand's constitutional law, and the Constitution Act resulted from two reports by this Committee. The issue of the transfer of power from incumbent to elect governments (and hence Prime Ministers) was not resolved by this Act however, and the transfer of executive powers remains an unwritten constitutional convention, known as the 'caretaker convention'.

Committee's report

The Official Committee on Constitutional Reform reported back to Parliament in February 1986^[1]. The Committee recommended that New Zealand adopt an Act to restate the various constitutional provisions in a single enactment.

Parliamentary process

A Bill was introduced into Parliament in mid-1986, and was passed unanimously with the support of both Labour and National on the 13 December 1986. The act came into force on 1 January 1987. Amendments were passed in 1987 and 1999.

Effect

The Act repealed the New Zealand Constitution Act 1852, renamed the General Assembly as the "House of Representatives" and removed the right of the Parliament of the United Kingdom to legislate at the consent of the New Zealand Parliament. Australia passed the Australia Act 1986 to similar effect.

Key provisions

The Act consists of four main parts:

Part I: The Sovereign

• The Head of state of the United Kingdom per the Act of Settlement 1701 is the Head of state in New Zealand, known as the Queen of New Zealand, and the Sovereign's representative in New Zealand is the Governor General. (section 2)

Part II: The Executive

• Ministers of the Crown and members of Executive Council to be, with some timing limitations, Members of Parliament (section 6)

Part III: The Legislature

The House of Representatives

• The House of Representatives noted as the same entity established by the New Zealand Constitution Act 1852 (section 10)
• Oath of allegiance to be taken by members of Parliament (section 11)
• Rules relating to the election of speaker and speakers role upon dissolution or expiration of Parliament set out (section 12, section 13)

Parliament

• Parliament shall consist of the Sovereign in right of New Zealand (the Queen) and the House of Representatives (section 14)
• Parliament to have full power to make laws (section 15)
• Term of Parliament to be 3 years unless sooner dissolved (section 17)
• Parliament shall meet not later than 6 weeks after the day fixed for the return of the writs for that election (section 19)

Parliament and Public Finance

• Bills providing for the appropriation of public money or for the imposition of any charge upon public money not to be passed unless recommended to the House of Representatives by the Crown (section 21)
• Not lawful for Crown, except by or under an Act of Parliament to levy a tax, to raise a loan from any person or to spend any public money (section 22)

Part IV: The Judiciary

• Rules relating to protection of Judges against removal from office set out (section 23)
• Salary of a Judge of the High Court not to be reduced during the Judge's term
• Section 21, covering bills appropriating public money, was repealed.

Entrenchment

Only section 17 of the Act (which says that the term of Parliament is "3 years from the day fixed for the return of the writs issued for the last preceding general election of members of the House of Representatives, and no longer.) is entrenched, by section 268 of the Electoral Act 1993. This provision requires that any amendment to section 17 can only be made with a majority of three-quarters (75%) of all votes cast in Parliament, or by a referendum. However, section 268 of the Electoral Act 1993 itself is not entrenched - which means that Parliament could repeal the section itself, and amend section 17 of the Act. Thus, the provision is said to only be 'singly entrenched'. Some academics, including Sir Geoffrey Palmer^[2] argue that the Act should be totally entrenched.

See also

• Constitution of New Zealand
• Independence of New Zealand

External links

• New Zealand legislation database
• Background and summary

References

fr:Constitution Act 1986