Constitution of New Zealand in the context of "Lists of statutes of New Zealand"

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⭐ Core Definition: 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 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 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 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 a unicameral system within a decade of its statutory independence.

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Constitution of New Zealand in the context of Treaty of Waitangi

The Treaty of Waitangi (Māori: Te Tiriti o Waitangi), sometimes referred to as Te Tiriti (lit. 'The Treaty'), is a document of central importance to the history of New Zealand, its constitution, and its national mythos. It has played a major role in the treatment of the Māori people in New Zealand by successive governments and the wider population, something that has been especially prominent from the late 20th century. Although the Treaty of Waitangi is not incorporated as a binding international treaty within New Zealand's domestic law, its status at international law is debated. It was first signed on 6 February 1840 by Captain William Hobson as consul for the British Crown and by Māori chiefs (rangatira) from the North Island of New Zealand. The treaty's status has clouded the question of whether Māori had ceded sovereignty to the Crown in 1840, and if so, whether such sovereignty remains intact.

The treaty was written at a time when the New Zealand Company, acting on behalf of large numbers of settlers and would-be settlers, was establishing a colony in New Zealand, and when some Māori leaders had petitioned the British for protection against French ambitions. Once it had been written and translated, it was first signed by Northern Māori leaders at Waitangi. Copies were subsequently taken around New Zealand and over the following months many other chiefs signed. Around 530 to 540 Māori, at least 13 of them women, signed the Māori language version of the Treaty of Waitangi, despite some Māori leaders cautioning against it. Only 39 signed the English version. An immediate result of the treaty was that Queen Victoria's government gained the sole right to purchase land. In total there are nine signed copies of the Treaty of Waitangi, including the sheet signed on 6 February 1840 at Waitangi.

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Constitution of New Zealand in the context of Independence of New Zealand

The independence of New Zealand from the United Kingdom following British sovereignty and colonisation came about progressively through a number of constitutional events. No single date is recognised as the point at which New Zealand became independent.

Beginning in the late 1700s New Zealand's Māori population was supplemented by sealers and whalers from Europe, followed by sporadic arrivals of adventurers from Europe and the Americas, Christian missionaries, and escaped convicts from Australia. British Resident James Busby arrived in New Zealand in May 1833. In 1835, a number of Māori chiefs asserted their sovereignty within their independent tribal nations by signing the Declaration of the Independence of New Zealand (He Whakaputanga o te Rangatiratanga o Nu Tireni). On 6 February 1840, William Hobson, as representative of the United Kingdom, and Māori chiefs signed the Treaty of Waitangi, which established the right of the British Crown to govern, and Hobson subsequently proclaimed British sovereignty over the islands in May of the same year.

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Constitution of New Zealand in the context of Monarch of New Zealand

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 is King Charles III, who has reigned since 8 September 2022.

The Treaty of Waitangi between Queen Victoria and Māori chiefs (rangatira) 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 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 is the only member of the royal family with any constitutional role.

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Constitution of New Zealand in the context of New Zealand Constitution Act 1852

The New Zealand Constitution Act 1852 (15 & 16 Vict. c. 72) was an act of the Parliament of the United Kingdom that granted self-government to the Colony of New Zealand. It was the second such act, the New Zealand Constitution Act 1846 not having been fully implemented. The purpose of the act was to have constitutional independence from Britain. The definition of franchise or the ability to vote excluded all women, most Māori, all non-British people and those with convictions for serious offences.

The act took effect upon proclamation by Governor George Grey on 17 January 1853. It remained in force as part of New Zealand's constitution until it was rendered ineffective by the Constitution Act 1986.

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Constitution of New Zealand in the context of Monarchy of New Zealand

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) 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 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 is the only member of the royal family with any constitutional role.

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Constitution of New Zealand in the context of Executive Council of New Zealand

The Executive Council of New Zealand (Māori: Te Komiti Matua o Aotearoa) is the full group of "responsible advisers" to the governor-general, who advise on state and constitutional affairs. All government ministers must be appointed as executive councillors before they are appointed as ministers; therefore all members of Cabinet are also executive councillors. The governor-general signs a warrant of appointment for each member of the Executive Council, and separate warrants for each ministerial portfolio.

To be an executive councillor, one must normally be a member of Parliament (this was codified in the Constitution Act of 1986). However, one may serve up to thirty days without being in Parliament; this is to allow for the transition of members not yet sworn in and members who have retired or been defeated. Each executive councillor must take the relevant oaths or affirmations set out in legislation.

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