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139-482: 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

278-434: A head of government or a cabinet minister or in other cases (possibly as a message, for instance, to distance themselves without rendering offence) just a military officer or civil servant. For non-executive heads of state there is often a degree of censorship by the politically responsible government (such as the head of government ). This means that the government discreetly approves agenda and speeches, especially where

417-583: 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

556-485: 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

695-405: 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

834-528: 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

973-519: 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:

1112-556: A bill to the Supreme Court to test its constitutionality, which are used under the president's discretion. The most extreme non-executive republican head of state is the President of Israel , which holds no reserve powers whatsoever. The least ceremonial powers held by the president are to provide a mandate to attempt to form a government, to approve the dissolution of the Knesset made by

1251-578: 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

1390-509: A ceremonial figurehead with no independent discretionary powers related to the governance of Japan. Since the passage in Sweden of the 1974 Instrument of Government , the Swedish monarch no longer has many of the standard parliamentary system head of state functions that had previously belonged to him or her, as was the case in the preceding 1809 Instrument of Government . Today, the speaker of

1529-593: A common topic in contemporary New Zealand politics, and in 1989, the Fourth Labour Government responded by adopting the "Principles for Crown Action on the Treaty of Waitangi" a similar list of principles to that established in the 1987 court case. A Supreme Court was first established in 1841 (it was renamed the High Court in 1980, and is different from the current Supreme Court ), and various lower courts subsequently established. Its establishment followed

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1668-440: A federal constituent or a dependent territory, the same role is fulfilled by the holder of an office corresponding to that of a head of state. For example, in each Canadian province the role is fulfilled by the lieutenant governor , whereas in most British Overseas Territories the powers and duties are performed by the governor . The same applies to Australian states , Indian states , etc. Hong Kong 's constitutional document,

1807-634: 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

1946-429: A host role during a state visit , and the programme may feature playing of the national anthems by a military band , inspection of military troops , official exchange of gifts, and attending a state dinner at the official residence of the host. At home, heads of state are expected to render lustre to various occasions by their presence, such as by attending artistic or sports performances or competitions (often in

2085-531: 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

2224-603: A limited way into New Zealand law by the State Owned Enterprises Act 1986. Section 9 of the act states "Nothing in this Act shall permit the Crown to act in a manner that is inconsistent with the Principles of the Treaty of Waitangi ". The government had proposed a transfer of assets from former Government departments to state-owned enterprises , but because the state-owned enterprises were essentially private firms owned by

2363-498: A majority support in the legislature (or, at least, not a majority opposition – a subtle but important difference). It also gives the legislature the right to vote down the head of government and their cabinet, forcing it either to resign or seek a parliamentary dissolution. The executive branch is thus said to be responsible (or answerable) to the legislature, with the head of government and cabinet in turn accepting constitutional responsibility for offering constitutional advice to

2502-733: A matter of convention, the presidency has been held simultaneously by the General Secretary of the Chinese Communist Party , the top leader in the one party system . The presidency is officially regarded as an institution of the state rather than an administrative post; theoretically, the President serves at the pleasure of the National People's Congress , the legislature, and is not legally vested to take executive action on its own prerogative. While clear categories do exist, it

2641-583: A mention or signature; and public places, streets, monuments and institutions such as schools are named for current or previous heads of state. In monarchies (e.g., Belgium) there can even be a practice to attribute the adjective "royal" on demand based on existence for a given number of years. However, such political techniques can also be used by leaders without the formal rank of head of state, even party - and other revolutionary leaders without formal state mandate. Heads of state often greet important foreign visitors, particularly visiting heads of state. They assume

2780-755: A notable feature of constitutions in the Americas , including those of Argentina , Brazil , Colombia , El Salvador , Mexico and Venezuela ; this is generally attributed to the strong influence of the United States in the region, and as the United States Constitution served as an inspiration and model for the Latin American wars of independence of the early 19th century. Most presidents in such countries are selected by democratic means (popular direct or indirect election); however, like all other systems,

2919-525: 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

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3058-416: A parliamentary system (such as India, Germany, Austria, Italy and Israel), the head of state is usually titled president and the principal functions of such presidents are mainly ceremonial and symbolic, as opposed to the presidents in a presidential or semi-presidential system. In reality, numerous variants exist to the position of a head of state within a parliamentary system. The older the constitution,

3197-439: A referendum to allow him to resume his monarchical powers and duties, but because of the ongoing controversy he ultimately abdicated.) The Belgian constitutional crisis in 1990, when the head of state refused to sign into law a bill permitting abortion, was resolved by the cabinet assuming the power to promulgate the law while he was treated as "unable to reign" for twenty-four hours. These officials are excluded completely from

3336-408: 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,

3475-507: A theatrical honour box, on a platform, on the front row, at the honours table), expositions, national day celebrations , dedication events, military parades and war remembrances, prominent funerals, visiting different parts of the country and people from different walks of life, and at times performing symbolic acts such as cutting a ribbon , groundbreaking , ship christening , laying the first stone. Some parts of national life receive their regular attention, often on an annual basis, or even in

3614-489: A very minor role in developing the law, and as late as 1966 it was said that they "usually follow English decisions scrupulously". In the 1980s the judiciary played a major role in redefining the constitutional position of the Treaty of Waitangi. The New Zealand Bill of Rights Act was enacted in 1990 to affirm fundamental rights and freedoms set out in the International Covenant on Civil and Political Rights . While

3753-460: 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 the monarch personally. Moreover, as

3892-405: Is an executive president that is both head of state and head of government. Likewise, in some parliamentary systems the head of state is not the head of government, but still has significant powers, for example Morocco . In contrast, a semi-presidential system , such as France , has both heads of state and government as the de facto leaders of the nation (in practice they divide the leadership of

4031-545: Is defined in the constitution as "the symbol of the State and of the unity of the people" (article 1), and is generally recognised throughout the world as the Japanese head of state. Although the emperor formally appoints the prime minister to office, article 6 of the constitution requires him to appoint the candidate "as designated by the Diet", without any right to decline appointment. He is

4170-507: 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

4309-399: Is now 'largely... distinct from other jurisdictions'. The main distinction of New Zealand contract law is the wide discretionary power given to courts in granting relief. Although these changes were initially opposed due to fears that they would make the remedy of contractual disputes unpredictable and increase levels of litigation , it is generally agreed that this has not happened, and that

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4448-502: Is organised around the doctrines of precedent (like cases should be decided alike) and stare decisis . These principles dictate that lower courts must follow the decisions of the more senior courts in the judicial hierarchy. This encourages consistency of decision-making. New Zealand contract law was initially derived from the English model . Since 1969, however, a series of Acts of Parliament altered this, and New Zealand contract law

4587-547: Is sometimes difficult to choose which category some individual heads of state belong to. In reality, the category to which each head of state belongs is assessed not by theory but by practice. Constitutional change in Liechtenstein in 2003 gave its head of state, the Reigning Prince , constitutional powers that included a veto over legislation and power to dismiss the head of government and cabinet. It could be argued that

4726-529: 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

4865-576: 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

5004-452: The Basic Law , for example, specifies the chief executive as the head of the special administrative region, in addition to their role as the head of government. These non-sovereign-state heads, nevertheless, have limited or no role in diplomatic affairs, depending on the status and the norms and practices of the territories concerned. In parliamentary systems the head of state may be merely

5143-707: 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

5282-581: 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 the New Zealand Parliament full sovereign powers to amend or repeal

5421-592: 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

5560-669: The Judicial Committee of the Privy Council in London. In 1957 the Court of Appeal was reconstituted to become separate from the Supreme Court, having its own judges. In 2004 a new Supreme Court was established, becoming New Zealand's court of last resort following the simultaneous abolition of the right to appeal to the Privy Council. In 1865 a Native Land Court was established to "define

5699-813: 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

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5838-518: The National Assembly ( legislature ) and is thus similar, in principle, to a head of government in a parliamentary system but is also, in addition, recognised as the head of state. The offices of president of Nauru and president of Botswana are similar in this respect to the South African presidency. Panama , during the military dictatorships of Omar Torrijos and Manuel Noriega ,

5977-582: 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: Law of New Zealand There are several sources of law, the primary ones being acts enacted by the New Zealand Parliament and case law made by decisions of

6116-626: 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

6255-533: 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

6394-630: The Reichstag , which was expected, in normal circumstances, to be answerable to the Reichstag. Initially, the president was merely a symbolic figure with the Reichstag dominant; however, persistent political instability, in which governments often lasted only a few months, led to a change in the power structure of the republic, with the president's emergency powers called increasingly into use to prop up governments challenged by critical or even hostile Reichstag votes. By 1932, power had shifted to such an extent that

6533-491: The Viceroy and Governor-General of India . Head of state is the highest-ranking constitutional position in a sovereign state. A head of state has some or all of the roles listed below, often depending on the constitutional category (above), and does not necessarily regularly exercise the most power or influence of governance. There is usually a formal public ceremony when a person becomes head of state, or some time after. This may be

6672-400: The Waitangi Tribunal . The tribunal had authority to investigate post-1975 Māori claims of actions that are inconsistent with the Principles of the Treaty of Waitangi ; to make findings of fact; and to make non-binding recommendations. The act was amended in 1985 to enable the tribunal to consider claims back to 1840 and to increase the tribunal's membership. The Treaty was incorporated in

6811-413: The constitutionally socialist state type inspired by the former Union of Soviet Socialist Republics (USSR) and its constitutive Soviet republics , real political power belonged to the sole legal party. In these states, there was no formal office of head of state, but rather the leader of the legislative branch was considered to be the closest common equivalent of a head of state as a natural person . In

6950-637: The de facto Soviet leader at the moment. For example, Nikita Khrushchev never headed the Supreme Soviet but was First Secretary of the Central Committee of the Communist Party (party leader) and Chairman of the Council of Ministers ( head of government ). This may even lead to an institutional variability, as in North Korea , where, after the presidency of party leader Kim Il Sung , the office

7089-502: The high contracting party with respect to international treaties. The remaining official functions of the sovereign, by constitutional mandate or by unwritten convention, are to open the annual session of the Riksdag, receive foreign ambassadors and sign the letters of credence for Swedish ambassadors, chair the foreign advisory committee, preside at the special Cabinet council when a new prime minister takes office, and to be kept informed by

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7228-429: The party leader , rather than the office of president. Former French president Charles de Gaulle , while developing the current Constitution of France (1958), said that the head of state should embody l'esprit de la nation ("the spirit of the nation"). Some academic writers discuss states and governments in terms of "models". An independent nation state normally has a head of state, and determines

7367-518: The personification of the Canadian state and is described by the Department of Canadian Heritage as the "personal symbol of allegiance, unity and authority for all Canadians". In many countries, official portraits of the head of state can be found in government offices, courts of law, or other public buildings. The idea, sometimes regulated by law, is to use these portraits to make the public aware of

7506-482: The "imperial model", because the executive officials of the government are answerable solely and exclusively to a presiding, acting head of state, and is selected by and on occasion dismissed by the head of state without reference to the legislature. It is notable that some presidential systems, while not providing for collective executive accountability to the legislature, may require legislative approval for individuals prior to their assumption of cabinet office and empower

7645-490: 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

7784-532: 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

7923-455: The Bill of Rights Act is not a superior law to which all other laws are subject, judges are required to interpret other statutes to be consistent with it if at all possible. If there is an inconsistency, the attorney-general must inform Parliament. The New Zealand legal system is heavily based on the English law , and remains similar in many respects. As with all common law countries, English law

8062-477: 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,

8201-485: 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

8340-447: 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

8479-454: 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

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8618-673: 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

8757-492: 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

8896-434: The German president, Paul von Hindenburg , was able to dismiss a chancellor and select his own person for the job, even though the outgoing chancellor possessed the confidence of the Reichstag while the new chancellor did not. Subsequently, President von Hindenburg used his power to appoint Adolf Hitler as Chancellor without consulting the Reichstag. Note: The head of state in a "presidential" system may not actually hold

9035-421: 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

9174-414: 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

9313-421: 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

9452-421: 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

9591-417: 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 a " Realm ", with a legally separate Crown . It

9730-406: 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

9869-436: 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 the sovereign's authority. The monarch

10008-543: 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

10147-468: 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

10286-509: The Riksdag appoints (following a vote in the Riksdag ) the prime minister and terminates their commission following a vote of no confidence or voluntary resignation. Cabinet members are appointed and dismissed at the sole discretion of the prime minister. Laws and ordinances are promulgated by two Cabinet members in unison signing "On Behalf of the Government" and the government—not the monarch—is

10425-889: The Soviet Union this position carried such titles as Chairman of the Central Executive Committee of the USSR ; Chairman of the Presidium of the Supreme Soviet ; and in the case of the Soviet Russia Chairman of the Central Executive Committee of the All-Russian Congress of Soviets (pre-1922), and Chairman of the Bureau of the Central Committee of the Russian SFSR (1956–1966). This position may or may not have been held by

10564-432: The Treaty was a "simple nullity" in terms of transferring sovereignty from Māori to the United Kingdom. This remained the legal orthodoxy until at least the 1970s. Māori have since argued that Prendergast's decision, as well as laws later based on it were a politically convenient and deliberate ploy to legitimise the seizure of Māori land and other resources. In 1975, the Treaty of Waitangi Act became law. It established

10703-515: 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

10842-646: 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

10981-562: 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

11120-541: 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,

11259-455: The approval of each of the six independent realms of which he was monarch. In monarchies with a written constitution, the position of monarch is created under the constitution and could be abolished through a democratic procedure of constitutional amendment. In many cases there are significant procedural hurdles imposed on such a procedure (as in the Constitution of Spain ). In republics with

11398-476: The arrival in New Zealand of the first chief justice , William Martin , and it heard its first case in January 1842. The magistrates' courts came into being in 1846 (replaced by district courts in 1980). The Court of Appeal was set up in 1862 and originally consisted of panels of judges from the Supreme Court. The Court of Appeal was the highest court in New Zealand, although appeals could be taken from this to

11537-457: 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

11676-559: The constitution (or customary law) assumes all political responsibility by granting the crown inviolability (in fact also imposing political emasculation) as in the Kingdom of Belgium from its very beginning; in a monarchy this may even be extended to some degree to other members of the dynasty, especially the heir to the throne. Below follows a list of examples from different countries of general provisions in law, which either designate an office as head of state or define its general purpose. In

11815-524: 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

11954-609: The courts of New Zealand. At a more fundamental level, the law of New Zealand is based on three related principles: parliamentary sovereignty ; the rule of law ; and the separation of powers . Before colonisation by the British , Māori customary law ( tikanga ) would have served as rule of law for most tribes. The first mention of New Zealand in British statutes is in the Murders Abroad Act of 1817 , which clarified that New Zealand

12093-511: The decision by King Leopold III of the Belgians to surrender on behalf of his state to the invading German army in 1940, against the will of his government. Judging that his responsibility to the nation by virtue of his coronation oath required him to act, he believed that his government's decision to fight rather than surrender was mistaken and would damage Belgium. (Leopold's decision proved highly controversial. After World War II , Belgium voted in

12232-449: The executive: they do not possess even theoretical executive powers or any role, even formal, within the government. Hence their states' governments are not referred to by the traditional parliamentary model head of state styles of His/Her Majesty's Government or His/Her Excellency's Government . Within this general category, variants in terms of powers and functions may exist. The Constitution of Japan ( 日本国憲法 , Nihonkoku-Kenpō )

12371-506: The extent of its head's executive powers of government or formal representational functions. In terms of protocol : the head of a sovereign , independent state is usually identified as the person who, according to that state's constitution, is the reigning monarch , in the case of a monarchy ; or the president, in the case of a republic . Among the state constitutions (fundamental laws) that establish different political systems, four major types of heads of state can be distinguished: In

12510-529: 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

12649-525: The form of official patronage. The Olympic Charter (rule 55.3) of the International Olympic Committee states that the Olympic summer and winter games shall be opened by the head of state of the host nation, by uttering a single formulaic phrase as determined by the charter. As such invitations may be very numerous, such duties are often in part delegated to such persons as a spouse,

12788-495: The government be answerable to both the president and the legislature. The constitution of the Fifth French Republic provides for a prime minister who is chosen by the president, but who nevertheless must be able to gain support in the National Assembly . Should a president be of one side of the political spectrum and the opposition be in control of the legislature, the president is usually obliged to select someone from

12927-460: The government, there was an argument that they would prevent assets which had been given by Māori for use by the state from being returned to Māori by the Waitangi Tribunal and through Treaty settlements. The Act was challenged in court in 1987, and the judgement of New Zealand Maori Council v Attorney-General defined the Principles of the Treaty of Waitangi in the context of that case and

13066-471: 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

13205-483: The head of state depends on the country's form of government and separation of powers ; the head of state may be a ceremonial figurehead or concurrently the head of government and more. In a parliamentary system , such as India or the United Kingdom , the head of state usually has mostly ceremonial powers, with a separate head of government. However, in some parliamentary systems, like South Africa , there

13344-531: The head of state is notional chief executive include Australia , Austria , Canada , Denmark , India , Italy , Norway , Spain and the United Kingdom . The few exceptions where the head of state is not even the nominal chief executive - and where supreme executive authority is according to the constitution explicitly vested in a cabinet - include the Czech Republic , Ireland , Israel , Japan and Sweden . The head of state usually appoints most or all

13483-496: The head of state. In parliamentary constitutional monarchies , the legitimacy of the unelected head of state typically derives from the tacit approval of the people via the elected representatives. Accordingly, at the time of the Glorious Revolution , the English parliament acted of its own authority to name a new king and queen (the joint monarchs Mary II and William III ); likewise, Edward VIII 's abdication required

13622-403: 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

13761-426: 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

13900-406: The key officials in the government, including the head of government and other cabinet ministers, key judicial figures; and all major office holders in the civil service , foreign service and commissioned officers in the military . In many parliamentary systems, the head of government is appointed with the consent (in practice often decisive) of the legislature, and other figures are appointed on

14039-556: The king had the power of declaring war without previous consent of the parliament. For example, under the 1848 constitution of the Kingdom of Sardinia , and then the Kingdom of Italy , the Statuto Albertino —the parliamentary approval to the government appointed by the king—was customary, but not required by law. Examples of heads of state in parliamentary systems using greater powers than usual, either because of ambiguous constitutions or unprecedented national emergencies, include

14178-506: The land rights of Māori people under Māori custom and to translate those rights or customary titles into land titles recognisable under European law". It has since been heavily criticised for acting as a device for removing Māori from their land. Some of the problems were with the court itself – holding proceedings in English and in cities far from Māori settlements, judges with inadequate knowledge of Māori custom – while others were more to do with

14317-459: 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

14456-568: The laws are working satisfactorily. The Trusts Act 2019 (No 38) came into force on 30 January 2021, so far as it was not already in force. It repealed the Trustee Act 1956 (No 61) . As to charitable trusts, see the Charitable Trusts Act 1957 . Head of state This is an accepted version of this page A head of state (or chief of state ) is the public persona of a state or sovereign state . The specific naming of

14595-508: The laws it enforced. For example, for many decades land law did not recognise that an entire hapū owned its land, and land ownership was put in the hands of a few people. In 1954 it was renamed the Māori Land Court , and has been substantially reformed since the nineteenth century. Until the mid-twentieth century it also dealt with Māori adoptions. The New Zealand judiciary have generally been seen as independent and non-corrupt, although not always non-biased. Until recent years they have played

14734-414: The leading symbol of the nation, the president in this system acts mostly as a prime minister since the incumbent must be a member of the legislature at the time of the election, answer question sessions in Parliament, avoid motions of no confidence, etc. Semi-presidential systems combine features of presidential and parliamentary systems, notably (in the president-parliamentary subtype) a requirement that

14873-402: The legislature to remove a president from office (for example, in the United States of America ). In this case the debate centers on confirming them into office, not removing them from office, and does not involve the power to reject or approve proposed cabinet members en bloc , so accountability does not operate in the same sense understood as a parliamentary system. Presidential systems are

15012-515: The majority of states, whether republics or monarchies, executive authority is vested, at least notionally, in the head of state. In presidential systems the head of state is the actual, de facto chief executive officer. Under parliamentary systems the executive authority is exercised by the head of state, but in practice is done so on the advice of the cabinet of ministers. This produces such terms as "Her Majesty's Government" and "His Excellency's Government." Examples of parliamentary systems in which

15151-476: 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 a number of " reserve powers ", such as

15290-414: The more constitutional leeway tends to exist for a head of state to exercise greater powers over government, as many older parliamentary system constitutions in fact give heads of state powers and functions akin to presidential or semi-presidential systems, in some cases without containing reference to modern democratic principles of accountability to parliament or even to modern governmental offices. Usually,

15429-446: The nation between themselves). Meanwhile, in presidential systems , the head of state is also the head of government. In one-party ruling communist states , the position of president has no tangible powers by itself; however, since such a head of state, as a matter of custom, simultaneously holds the post of General Secretary of the Communist Party , they are the executive leader with their powers deriving from their status of being

15568-416: 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

15707-409: The nominal chief executive officer , heading the executive branch of the state, and possessing limited executive power. In reality, however, following a process of constitutional evolution, powers are usually only exercised by direction of a cabinet , presided over by a head of government who is answerable to the legislature. This accountability and legitimacy requires that someone be chosen who has

15846-683: The office of President of the Presidium of the Supreme People's Assembly , while the party leader's post as chairman of the National Defense Commission was simultaneously declared "the highest post of the state", not unlike Deng Xiaoping earlier in the People's Republic of China . In China , under the current country's constitution , the Chinese President is a largely ceremonial office with limited power. However, since 1993, as

15985-453: The opposition to become prime minister, a process known as Cohabitation . President François Mitterrand , a Socialist, for example, was forced to cohabit with the neo-Gaullist (right wing) Jacques Chirac , who became his prime minister from 1986 to 1988. In the French system, in the event of cohabitation, the president is often allowed to set the policy agenda in security and foreign affairs and

16124-535: 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

16263-462: 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

16402-704: The presidential model also encompasses people who become head of state by other means, notably through military dictatorship or coup d'état , as often seen in Latin American , Middle Eastern and other presidential regimes. Some of the characteristics of a presidential system, such as a strong dominant political figure with an executive answerable to them, not the legislature can also be found among absolute monarchies , parliamentary monarchies and single party (e.g., Communist ) regimes, but in most cases of dictatorship, their stated constitutional models are applied in name only and not in political theory or practice. In certain states under Marxist–Leninist constitutions of

16541-539: The prime minister on matters of state. In contrast, the only contact the president of Ireland has with the Irish government is through a formal briefing session given by the taoiseach (head of government) to the president. However, the president has no access to documentation and all access to ministers goes through the Department of the Taoiseach . The president does, however, hold limited reserve powers , such as referring

16680-401: The prime minister runs the domestic and economic agenda. Other countries evolve into something akin to a semi-presidential system or indeed a full presidential system. Weimar Germany , for example, in its constitution provided for a popularly elected president with theoretically dominant executive powers that were intended to be exercised only in emergencies, and a cabinet appointed by him from

16819-429: The prime minister, and to pardon criminals or to commute their sentence. Some parliamentary republics (like South Africa , Botswana and Kiribati ) have fused the roles of the head of state with the head of government (like in a presidential system), while having the sole executive officer, often called a president, being dependent on the Parliament's confidence to rule (like in a parliamentary system). While also being

16958-416: 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

17097-412: The proposed sale of government assets was found to be in breach of this proviso. This allowed the courts to consider the Crown's actions in terms of consistence with the Treaty and established the principle that if the Treaty is mentioned in strong terms in a piece of legislation, it takes precedence over other parts of that legislation should they come into conflict. The " Principles of the Treaty " became

17236-497: 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

17375-457: 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

17514-564: The strengthening of the Prince's powers, vis-a-vis the Landtag (legislature), has moved Liechtenstein into the semi-presidential category. Similarly the original powers given to the Greek President under the 1974 Hellenic Republic constitution moved Greece closer to the French semi-presidential model. Another complication exists with South Africa , in which the president is in fact elected by

17653-449: The swearing in at the inauguration of a president of a republic, or the coronation of a monarch. One of the most important roles of the modern head of state is being a living national symbol of the state; in hereditary monarchies this extends to the monarch being a symbol of the unbroken continuity of the state. For instance, the Canadian monarch is described by the government as being

17792-498: The symbolic connection to the government, a practice that dates back to medieval times. Sometimes this practice is taken to excess, and the head of state becomes the principal symbol of the nation, resulting in the emergence of a personality cult where the image of the head of state is the only visual representation of the country, surpassing other symbols such as the flag . Other common representations are on coins , postage and other stamps and banknotes , sometimes by no more than

17931-403: 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

18070-538: 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

18209-436: The title of " president " - the name of the system refers to any head of state who actually governs and is not directly dependent on the legislature to remain in office. Some constitutions or fundamental laws provide for a head of state who is not only in theory but in practice chief executive, operating separately from, and independent from, the legislature. This system is known as a "presidential system" and sometimes called

18348-529: 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

18487-556: 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,

18626-561: Was drawn up under the Allied occupation that followed World War II and was intended to replace the previous militaristic and quasi- absolute monarchy system with a form of liberal democracy parliamentary system . The constitution explicitly vests all executive power in the Cabinet , who is chaired by the prime minister (articles 65 and 66) and responsible to the Diet (articles 67 and 69). The emperor

18765-611: Was nominally a presidential republic. However, the elected civilian presidents were effectively figureheads with real political power being exercised by the chief of the Panamanian Defense Forces . Historically, at the time of the League of Nations (1920–1946) and the founding of the United Nations (1945), India's head of state was the monarch of the United Kingdom, ruling directly or indirectly as Emperor of India through

18904-692: Was not a British colony (despite being claimed by Captain Cook) and "not within His Majesty's dominions". The Treaty of Waitangi was signed in 1840. Although the Treaty had never been incorporated into New Zealand municipal law , its provisions were first incorporated into legislation as early as the Land Claims Ordinance 1841 and the Native Rights Act 1865. However, in the 1877 Wi Parata v Bishop of Wellington judgement, Judge Prendergast argued that

19043-461: 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 the so-nicknamed " suicide squad " to allow

19182-520: 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

19321-411: Was vacant for years. The late president was granted the posthumous title (akin to some ancient Far Eastern traditions to give posthumous names and titles to royalty) of " Eternal President " . All substantive power, as party leader, itself not formally created for four years, was inherited by his son Kim Jong Il . The post of president was formally replaced on 5 September 1998, for ceremonial purposes, by

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