Adopted on: ۱ Jan ۱۹۸۷
In force since: ۱ Jan ۱۹۸۷
[Preamble]
An Act to reform the constitutional law of New Zealand٫ to bring together into
one enactment certain provisions of constitutional significance٫ and to provide
that the New Zealand Constitution Act ۱۸۵۲ of the Parliament of the United
Kingdom shall cease to have effect as part of the law of New Zealand
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled٫
and by the authority of the same٫ as follows:
[Part ۰ Short Title and Commencement]
Section ۱ Short Title and commencement
(۱) This Act may be cited as the Constitution Act ۱۹۸۶.
(۲) This Act shall come into force on the ۱st day of January ۱۹۸۷.
Part I The Sovereign
Section ۲ Head of State
(۱) The Sovereign in right of New Zealand is the head of State of New Zealand٫
and shall be known by the royal style and titles proclaimed from time to time.
(۲) The Governor-General appointed by the Sovereign is the Sovereign”s
representative in New Zealand.
Section ۳ Exercise of royal powers by the Sovereign or the Governor-General
(۱) 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.
(۲) Every reference in any Act to the Governor-General in Council or any other
like expression includes a reference to the Sovereign acting by and with the
advice and consent of the execccutive Council.
Section ۳A Advice and consent of execccutive Council
(۱) The Sovereign or the Governor-General may perform a function or duty٫ or
exercise a power٫ on the advice and with the consent of the execccutive
Council if that advice and consent are given at a meeting of the execccutive
Council at which neither the Sovereign nor the Governor-General is present if
the Sovereign or the Governor-General is prevented from attending the meeting
by some necessary or reasonable cause.
(۲) The performance of the function or duty٫ or the exercise of the power takes
effect from the date of the meeting unless another time is specified for the
performance of the function or duty٫ or for the exercise of the power٫ to take
effect.
(۳) Neither the validity of the performance of the function or duty٫ nor the
validity of the exercise of the power٫ can be challenged in any legal
proceedings on the ground that the Sovereign or the Governor-General was not
prevented from attending the meeting of the execccutive Council by some
necessary or reasonable cause.
Section ۳B Exercise of powers and duties by Administrator
(۱) The Administrator of the Government may perform a function or duty imposed
on the Governor-General٫ or exercise a power conferred on the Governor-General٫
if-–-
(a) The office of Governor-General is vacant; or
(b) The Governor-General is unable to perform the function or duty or exercise
the power.
(۲) The performance or exercise by the Administrator of the Government of a
function or duty imposed٫ or a power conferred٫ on the Governor-General is
conclusive evidence of the authority of the Administrator to perform the
function or duty or exercise the power.
Section ۴ Regency
(۱) Where٫ under the law of the United Kingdom٫ the royal functions are being
performed in the same and on behalf of the Sovereign by a Regent٫ the royal
functions of the Sovereign in right of New Zealand shall be performed in the
name and on behalf of the Sovereign by that Regent.
(۲) Nothing in subsection (۱) of this section limits٫ in relation to any power
of the Sovereign in right of New Zealand٫ the authority of the Governor-General
to exercise that power.
Section ۵ Demise of the Crown
(۱) The death of the Sovereign shall have the effect of transferring all the
functions٫ duties٫ powers٫ authorities٫ rights٫ privileges٫ and dignities
belonging to the Crown to the Sovereign”s successor٫ as determined in
accordance with the enactment of the Parliament of England intituled The Act of
Settlement (۱۲ & ۱۳ Will. ۳٫ c. ۲) and any other law relating to the
succession to the Throne٫ but shall otherwise have no effect in law for any
purpose.
(۲) Every reference to the Sovereign in any document or instrument in force on
or after the commencement of this Act shall٫ unless the context otherwise
requires٫ be deemed to include a reference to the Sovereign”s heirs and
successors.
Part II The execccutive
Section ۶ Ministers of Crown to be members of Parliament
(۱) A person may be appointed and may hold office as a member of the
execccutive Council or as a Minister of the Crown only if that person is a
member of Parliament.
(۲) Notwithstanding subsection (۱) of this section٫
(a) A person who is not a member of Parliament may be appointed and may hold
office as a member of the execccutive Council or as a Minister of the Crown if
that person was a candidate for election at the general election of members of
the House of Representatives held immediately preceding that person”s
appointment as a member of the execccutive Council or as a Minister of the
Crown but shall vacate office at the expiration of the period of ۴۰ days
beginning with the date of the appointment unless٫ within that period٫ that
person becomes a member of Parliament; and
(b) Where a person who holds office both as a member of Parliament and as a
member of the execccutive Council or as a Minister of the Crown ceases to be a
member of Parliament٫ that person may continue to hold office as a member of
the execccutive Council or as a Minister of the Crown until the expiration of
the ۲۸th day after the day on which that person ceases to be a member of
Parliament.
Section ۷ Power of member of execccutive Council to exercise Minister”s
powers
Any function٫ duty٫ or power exercisable by or conferred on any Minister of the
Crown (by whatever designation that Minister is known) may٫ unless the context
otherwise requires٫ be exercised or performed by any member of the execccutive
Council.
Section ۸ Appointment of Parliamentary Under-Secretaries
(۱) The Governor-General may from time to time٫ by warrant under the
Governor-General”s hand٫ appoint any member of Parliament to be a
Parliamentary Under-Secretary in relation to such Ministerial office or offices
as are specified in that behalf in the warrant of appointment.
(۲) A Parliamentary Under-Secretary shall hold office as such during the
pleasure of the Governor-General٫ but shall in every case vacate that office
within ۲۸ days of ceasing to be a member of Parliament.
Section ۹ Functions of Parliamentary Under-Secretaries
(۱) A Parliamentary Under-Secretary holding office as such in respect of any
Ministerial office shall have and may exercise or perform under the direction
of the Minister concerned such of the functions٫ duties٫ and powers of the
Minister of the Crown for the time being holding that office as may from time
to time be assigned to the Parliamentary Under-Secretary by that Minister.
(۲) Nothing in subsection (۱) of this section limits the authority of any
Minister of the Crown to exercise or perform personally any function٫ duty٫ or
power.
(۳) The fact that any person holding office as a Parliamentary Under-Secretary
in respect of any Ministerial office purports to exercise or perform any
function٫ duty٫ or power of the Minister concerned shall be conclusive evidence
of that person”s authority to do so.
Section ۹A Solicitor-General may perform functions of Attorney-General
The Solicitor-General may perform a function or duty imposed٫ or exercise a
power conferred٫ on the Attorney-General.
Section ۹B Appointment of person to act in place of Solicitor-General
(۱)The Governor-General may appoint a barrister or solicitor of at least ۷
years” practice to act-–-
(a) In place of٫ or for٫ the Solicitor-General during the absence from office
of the Solicitor-General or if the Solicitor-General is incapacitated in a way
that affects the performance of his or her duties; or
(b)During a vacancy in the office of Solicitor-General.
(۲) The performance of a function or duty or the exercise of a power by a
person appointed under subsection (۱) is٫ in the absence of proof to the
contrary٫ sufficient evidence of the authority of that person to do so.
Section ۹C Delegation of powers of Attorney-General and Solicitor-General
(۱) The Solicitor-General may٫ with the written consent of the
Attorney-General٫ in writing delegate to a Deputy Solicitor-General٫ any of the
functions or duties imposed٫ or powers conferred٫ on the Attorney-General.
(۲) The Solicitor-General may in writing delegate to a Deputy Solicitor-General
any of the functions or duties imposed٫ or powers conferred٫ on the
Solicitor-General٫ except for the power to delegate conferred by this
subsection.
(۳) A delegation is revocable and does not prevent the Attorney-General or the
Solicitor-General from performing the function or duty or exercising the power.
(۴) A delegation may be made on conditions specified in the instrument of
delegation.
Part III The Legislature
[Chapter ۱] The House of Representatives
Section ۱۰ House of Representatives
(۱) There shall continue to be a House of Representatives for New Zealand.
(۲) The House of Representatives is the same body as the House of
Representatives referred to in section ۳۲ of the New Zealand Constitution Act
۱۸۵۲ of the Parliament of the United Kingdom.
(۳) The House of Representatives shall be regarded as always in existence٫
notwithstanding that Parliament has been dissolved or has expired.
(۴) The House of Representatives shall have as its members those persons who
are elected from time to time in accordance with the provisions of the
Electoral Act ۱۹۵۶٫ and who shall be known as “members of Parliament”.
Section ۱۱ Oath of allegiance to be taken by members of Parliament
(۱) A member of Parliament shall not be permitted to sit or vote in the House
of Representatives until that member has taken the Oath of Allegiance in the
form prescribed in section ۱۷ of the Oaths and Declarations Act ۱۹۵۷.
(۲) The oath to be taken under this section shall be administered by the
Governor-General or a person authorised by the Governor-General to administer
that oath.
Section ۱۲ Election of Speaker
The House of Representatives shall٫ at its first meeting after any general
election of its members٫ and immediately on its first meeting after any vacancy
occurs in the office of Speaker٫ choose one of its members as its Speaker٫ and
every such choice shall be effective on being confirmed by the
Governor-General.
Section ۱۳ Speaker to continue in office notwithstanding dissolution or
expiration of Parliament
A person who is in office as Speaker immediately before the dissolution or
expiration of Parliament shall٫ notwithstanding that dissolution or expiration٫
continue in office until the close of polling day at the next general election
unless that person sooner vacates office as Speaker.
[Chapter ۲] Parliament
Section ۱۴ Parliament
(۱) There shall be a Parliament of New Zealand٫ which shall consist of the
Sovereign in right of New Zealand and the House of Representatives.
(۲) The Parliament of New Zealand is the same body as that which before the
commencement of this Act was called the General Assembly (as established by
section ۳۲ of the New Zealand Constitution Act ۱۸۵۲ of the Parliament of the
United Kingdom) and which consisted of the Governor-General and the House of
Representatives.
Section ۱۵ Power of Parliament to make laws
(۱) The Parliament of New Zealand continues to have full power to make laws.
(۲) No Act of the Parliament of the United Kingdom passed after the
commencement of this Act shall extend to New Zealand as part of its law.
Section ۱۶ Royal assent to Bills
A Bill passed by the House of Representatives shall become law when the
Sovereign or the Governor-General assents to it and signs it in token of such
assent.
Section ۱۷ Term of Parliament
(۱) The term of Parliament shall٫ unless Parliament is sooner dissolved٫ be ۳
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.
(۲) Section ۱۸۹ of the Electoral Act ۱۹۵۶ shall apply in respect of subsection
(۱) of this section.
Section ۱۸ Summoning٫ proroguing٫ and dissolution of Parliament
(۱) The Governor-General may be Proclamation summon Parliament to meet at such
place and time as may be appointed therein٫ notwithstanding that when the
Proclamation is signed or when it takes effect Parliament stands prorogued to a
particular date.
(۲) The Governor-General may by Proclamation prorogue or dissolve Parliament.
(۳) A Proclamation summoning٫ proroguing٫ or dissolving Parliament shall be
effective
(a) On being gazetted; or
(b) On being publicly read٫ by some person authorised to do so by the
Governor-General٫ in the presence of the Clerk of the House of Representatives
and ۲ other persons٫ whichever occurs first.
(۴) Every Proclamation that takes effect pursuant to subsection (۳) (b) of this
section shall be gazetted as soon as practicable after it is publicly read.
Section ۱۹ First meeting of Parliament after general election
After any general election of members of the House of Representatives٫
Parliament shall meet not later than ۶ weeks after the day fixed for the return
of the writs for that election.
Section ۲۰ Carrying over of Parliamentary business
Where the House of Representatives resolves that any Bill٫ petition٫ or other
business before it or any of its committees be carried over to the next session
of Parliament (whether the same Parliament or not)٫ that Bill٫ petition٫ or
other business shall not lapse upon the prorogation or dissolution or
expiration of the Parliament in being when that resolution is passed but shall
be carried over accordingly.
[Chapter ۳] Parliament and Public Finance
Section ۲۱ Bills appropriating public money
The House of Representatives shall not pass any Bill providing for the
appropriation of public money or for the imposition of any charrrge upon the
public revenue unless the making of that appropriation or the imposition of
that charrrge has been recommended to the House of Representatives by the
Crown.
Section ۲۲ Parliamentary control of public finance
It shall not be lawful for the Crown٫ except by or under an Act of Parliament٫
(a) To levy a tax; or
(b) To raise a loan or to receive any money as a loan from any person; or
(c) To spend any public money.
Part IV The Judiciary
Section ۲۳ Protection of Judges against removal from office
A Judge of the High Court shall not be removed from office except by the
Sovereign or the Governor-General٫ acting upon an address of the House of
Representatives٫ which address may be moved only on the grounds of that
Judge”s misbehaviour or of that Judge”s incapacity to discharrrge the
functions of that Judge”s office.
Section ۲۴ Salaries of Judges not to be reduced
The salary of a Judge of the High Court shall not be reduced during the
continuance of the Judge”s commission.
Part V Miscellaneous Provisions
Section ۲۵ General Assembly Library to be known as the Parliamentary
Library
(۱) The Library heretofore known as the General Assembly Library shall٫ as from
the commencement of this Act٫ be known as the Parliamentary Library.
(۲) The officer heretofore known as the Chief Librarian of the General Assembly
Library shall be known٫ as from the commencement of this Act٫ as the
Parliamentary Librarian.
(۳) Subject to section ۲۷ of this Act٫ all references to the General Assembly
Library or to the Chief Librarian of the General Assembly Library in any other
enactment or in any document whatsoever shall hereafter٫ unless the context
otherwise requires٫ be read as references to the Parliamentary Library and to
the Parliamentary Librarian respectively.
Section ۲۶ United Kingdom enactments ceasing to have effect as part of the
law of New Zealand
(۱) As from the commencement of this Act the following enactments of the
Parliament of the United Kingdom٫ namely٫
(a) The New Zealand Constitution Act ۱۸۵۲ (۱۵ and ۱۶ Vict.٫ c. ۷۲); and
(b) The Statute of Westminster ۱۹۳۱ (۲۲ Geo. V٫ c. ۴); and
(c) The New Zealand Constitution (Amendment) Act ۱۹۴۷ (۱۱ Geo. VI٫ c. ۴)٫ shall
cease to have effect as part of the law of New Zealand.
(۲) The provisions of sections ۲۰٫ ۲۰A٫ and ۲۱ of the Acts Interpretation Act
۱۹۲۴ shall apply with respect to the enactments specified in subsection (۱) of
this section as if they were Acts of the Parliament of New Zealand that had
been repealed by that subsection.
(۳) Without limiting the provisions of subsection (۲) of this section٫ it is
hereby declared that the effect of section ۱۱ of the Statute of Westminster
۱۹۳۱ (۲۲ Geo. V٫ c. ۴) (which section declared that the expression “Colony”
shall not٫ in any Act of the Parliament of the United Kingdom passed after the
commencement of the Statute of Westminster ۱۹۳۱٫ include a Dominion or any
Province or State forming part of a Dominion) shall not be affected by virtue
of the Statute of Westminster ۱۹۳۱ ceasing٫ by virtue of subsection (۱) of this
section٫ to have effect as part of the law of New Zealand.
Section ۲۷ Consequential amendments to other enactments
The enactments specified in the First Schedule to this Act are hereby amended
in the manner indicated in that Schedule.
Section ۲۸ Repeals
(۱) The enactments specified in the Second Schedule to this Act are hereby
repealed.
(۲) The Regulations Amendment Act ۱۹۶۲ is hereby consequentially repealed.
(۳) Section ۲ (۲) of the Primary Products Marketing Amendment Act ۱۹۷۷ is
hereby consequentially repealed.
(۴) Section ۵ of the Civil List Amendment Act ۱۹۸۵ is hereby consequentially
repealed.
Section ۲۹ Transitional and consequential provisions relating to Parliament
(۱) The Parliament in being at the commencement of this Act (before the
commencement of this Act called the General Assembly) shall continue in
accordance with and subject to the provisions of this Act.
(۲) As from the commencement of this Act٫ every reference to the General
Assembly or to the General Assembly of New Zealand in any enactment passed
before the date of commencement of this Act and in any document execccuted
before that date shall٫ unless the context otherwise requires٫ be read as a
reference to the Parliament of New Zealand.
(۳) Subsection (۲) of this section shall not apply in respect of the Acts
Interpretation Act ۱۹۲۴.