Constitution Act 1986

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 Sir Robert Muldoon was unwilling initially to accept instructions from the incoming Prime Minister David Lange to devalue the currency. Ministers hurriedly constructed an argument to convince Muldoon to comply, drawing on the ethos of past transitions as there was no existing convention^[2]. Eventually he relented, but only after his own party caucus had threatened to replace him. A press statement was made on June 17 outlining the behaviour of outgoing governments, which was dubbed the 'caretaker convention'.

An Officials Committee on Constitutional Reform was established 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 outgoing to incoming governments (and hence prime ministers) was not resolved by this Act, however, and the transfer of executive powers remains an unwritten constitutional convention.

Committee's report

The Officials Committee on Constitutional Reform reported back to Parliament during February 1986.^[3] The Committee recommended that New Zealand adopt an Act to restate various constitutional provisions in a single enactment that would replace the New Zealand Constitution Act 1852, thus "patriating" the Constitution Act to New Zealand.

Parliamentary process

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

Part I: The sovereign

• The head of state of New Zealand is the "Sovereign in Right of New Zealand", titled as the King or Queen of New Zealand, and the sovereign's representative in New Zealand is the governor-general. The succession of the sovereign is determined by the Act of Settlement 1701 (part of New Zealand law under the Imperial Laws Application Act 1988), meaning the sovereign is the same person as the monarch of the United Kingdom. (section 5)

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 Speaker's 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; Parliament is noted to be the same body as the General Assembly established by the New Zealand Constitution Act 1852 (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.