For example,the law may sometimes accord a special recognition to Mori rights and interests such as those covered by Article 2 of the Treaty. Validation of election results. Every person has the right to a national environment which is both healthy and ecologically sustainable. The State Electoral Commission Electoral Boundaries Committee shall be responsible for the allocation of electoral boundaries based on population. Where a person is genuinely unable to find paid employment or is performing a useful community service such as child-minding or social work, her or she has a right to expect reasonable funding and/or provision of accommodation and such other resources as may be necessary for a reasonable standard of living. Also relevant is the enactment of the Citizens Initiated Referenda Act 1993. The State Accounting & Audit Department shall audit and report on all the accounts and financial statements of all the accounting officers at national and local body level of government, other than that of the office of Auditor-General, and of all other persons in the national and provincial public services entrusted with public assets, trust property and other assets. This is why the government of the day must have a majority of elected representatives. The principle of the Queens Chain shall apply to all waterways in Aotearoa-New Zealand and shall in no way be unreasonably restricted. prepare and supply your own constitution most people seek legal advice before preparing a constitution. 5) Provisional appointments to fill vacancies due to suspension. Other parts of the broad state sector are not subject to ministerial control and responsibility in the same way that departments and their members usually are. A representative of the Security Intelligence Service (including, wherever practicable, the specific agent or agents named in the Interception Warrant), the Prime Ministers office and the State Commission for Security Intelligence must appear at this hearing. The members of the ministry as a whole have the support of the House and must take collective and individual responsibility for their decisions, the decisions that are taken in their name, and the measures they propose. The State Commission for Security Intelligence shall establish what, if any, treasonous or serious terrorist threats exist to national security. Following 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'. Article 11 . Answer (1 of 3): Thanks for the A2A. 13) Right to participation in arts, science and culture. 2) State Commission for Police; composition. However, Mori may choose to vote in and to run for the non-reserved seats,[27] and several have entered Parliament in this way. Created by. Judicial power in court of justice; divisions. [2] For instance, New Zealand introduced a unicameral system within a decade of its statutory independence. 10) Deposit of State money in certain financial institutions; requirements. Our key constitutional document is the Constitution Act 1986 (the Act). JulietteTwhigg03. 14 Freedom of expression. Following the suspension of the 1846 Act, the Imperial Parliament moved again to grant New Zealand self-government with the New Zealand Constitution Act 1852, which repealed the earlier Constitution Act. d) The right to notification of court proceedings. Electors overwhelmingly voted in favour of the proposal. 3) Financial records; statement of revenues and expenditures. Every person has the right to reasonable access to the cultural, scientific and artistic life of the community. Section Seven: Definitions and legal status of the Constitution. Any amendment proposed by such petition shall be submitted by way of binding referendum, not less than 120 days after it was filed, to the electors at the next general election. 11) Appropriations; local or private purposes. (b) provide for the establishment and maintenance of uniform standards of policing at all levels regarding-. No person whose actions demonstrate bad character nor person of extreme or hateful views shall be approved as a Commissioner. In disputed party internal elections, full records of party members must be made available to the High Court but shall not be revealed either publicly or to rival politicians. This higher education, where provided by the State, shall be free of charge. a) It is incumbent upon the court to ensure that the jury is composed of people of sufficient clarity and understanding that they will be able to clearly discriminate between the opposing views presented at the trial. All children, whether born in or out of legal wedlock, shall enjoy the same social protection. Article 27 . b) By a three-quarters vote of the State Judicial Selection Commission after careful, public examination of the judge concerned. 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". No person shall be prosecuted for a crime which has no actual or potential victim. Article 5 . The Government may impose such reasonable restrictions, limitations or conditions on such service as it may deem appropriate. Significant damage to aquatic birdlife and fish. Any cases which are in the process of consideration by the Privy Council at the date of the enactment of the International Court of Appeal may be continued to be heard by the Privy Council sine die. 5) To issue pardons in criminal cases or refer cases back to the courts for rehearing. If the appointed judge cannot effect a reconciliation of views within 5 further session days, he or she will appoint a Governor General after hearing submissions from all parties. iii) Should the nominee for National Commissioner fail to gain the approval of Parliament, the State Commission for Police shall repeat the process of finding a suitable nominee until one accepted by Parliament. The provisions about the judiciary also relate back to long-established constitutional principle. 1) Every citizen has a right to seek and obtain accessible, objective and pertinent information on our nation, its governance, justice system, political and economic systems, environment, relationships with other countries and other such data as may be reasonably assumed to be necessary for a person to freely make informed decisions regarding the above. ii) There shall be regular consultation between the Aotearoa-New Zealand Reserve Bank and the Minister responsible for national financial matters. Institutions, programmes, and services for the care, treatment, education, or rehabilitation of those inhabitants who are physically, mentally, or otherwise seriously disabled shall always be fostered and supported. 12) Defence functions must be solely in the national interest, The National Defence Force shall exercise its powers and perform its functions solely in the national interest by, b) providing for the defence of the Nation; and. 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 Government shall make the necessary changes to at the earliest opportunity. NZ Ready is a free online tool to help you plan your move to New Zealand, ensuring you know how things work here and have a hassle-free move. Every person who competently performs a task equivalent to that of another worker within that workplace has the right to equal payment for that work. 1) Education shall be directed to the full development of the human personality and to the strengthening of respect for the environment. The C category risk criminal may be detained at some dwelling place or institution during some or all of the time and may have a curfew imposed at any time. 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 a speculative run on the currency. In particular, the government must enforce all environmental laws without fear or favour. Provisions within the Constitution which deal with normal administrative and/or law enforcement procedure, resource management and each persons natural right to quiet enjoyment of everyday life can, in times of overwhelming crisis, be suspended, but only under strict respect and adherence to the principles of this Constitution and rules for its suspension outlined below. Parliament may provide by law the cases in which any office shall be vacant and the manner of filling vacancies where no provision is made in this Constitution. The Queen appoints the Governor-General who, in general, exercises her prerogative powers. 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. ii) to participate in the activities and programmes of a trade union; and, i) to form and join an employers organisation; and. Subscriptions will enable posting comments about the Constitution and Governance.All comments will be considered and if they are beneficial to goal of the creation of a simply but robust document they will be added to the documents being produced, or used to refine and amend the relevant part of the document. 2) To endeavour to provide the best support for their children, families, associates and culture. Political donations must be disclosed. Each Ombudsman may enlist all reasonable help of other Government bodies, together with the courts. Each State Commissioner is appointed for an initial period of one year, after which the State Commission Select Committee shall examine his or her performance at a public hearing. [20] 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. About the Judiciary | Courts of New Zealand. All representatives representing a particular subdistrict within a local body electoral district must reside within that same subdistrict. b) That the outcome is the result of or had been significantly influenced by bribery and/or corruption. Article 4 . To enhance their independence, the Judges of the Supreme Court, the Court of Appeal and the High Court are protected against removal from office and reduction of salary. Reduction of fish numbers due to silting, loss of tourism from area due to visual despoiling. All financial records, accountings, audit reports and other reports of public moneys shall be public records and open to inspection. 24 May 1854. b) Introducing an adult viewpoint and worldly knowledge, self understanding, introducing greater sophistication in communication together with the use of abstract thought to solve adult problems. b) The Auditor-General may, whenever he or she considers it to be in the public interest, or upon receipt of a complaint, investigate, audit and report on the accounts and financial statements of any statutory body or any other institution in control of public funds. No general law providing for the incorporation of financial companies or corporations for banking purposes, or regulating the business thereof, shall be enacted, amended or repealed except by a vote of three-quarters of Parliament. a) All rights and obligations under international agreements which before the commencement of this Constitution were vested in or binding on the nation within the meaning of the previous laws, shall be vested in or binding on the nation under this Constitution, unless such agreement is repugnant to this Constitution. The Government responded favourably to the first and second recommendations, but did not support the third recommendation. . a) No interception warrant may be issued by the High Court without substantial evidence being offered as to: i) The nature of the alleged treason or terrorism, including the specific threat the person of group poses, ii) A clear identification of the person or group involved. Historic sites and buildings to be protected. The State Broadcasting Commission shall establish fair and reasonable guidelines, based on surveys of public opinion and submissions by interested groups and such guidelines, which must be updated at least annually, shall provide the basis for the funding and provision of public broadcasting inclusive and exclusive of the following areas: The Broadcasting Commission must continually and substantially examine issues that are topical or upcoming and provide, appoint or contract to provide a comprehensive, independent and ongoing news and current affairs service which caters for both the populace at large and individual minority groups within this populace. iii) the training of members of the Service, including any ancillary police services to be established; and. 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. This provided the Hereditary Chiefs and Heads of Tribes the first applicable Constitution and Self Government of themselves within their territories of New Zealand. 6) No person or group may acquire, retain, trade in or otherwise issue or pass on information gained in breach of this section. This Constitution holds it to be self-evident that all resources, including ourselves, originate with the natural world and that mankind does not create wealth but merely manipulates that which is already in existence. New Zealand considers itself to have an unwritten constitution because its constitution is made up of a variety of laws, court judgments, other government documents and conventions. e) All persons voting for candidates must be registered members of that party of not less than one months standing. However, except as otherwise provided for by international treaty, the British nation shall have no lawful role in the governance of this State. Such a suspension may not be continued for longer than 30 days without the approval of the High Court after a substantive hearing. Any Minister dismissed from office is free to stand at subsequent elections unless expressly prohibited by other laws. If the government loses the support of the House, or if the Prime Minister loses his or her support as the leader of that government, then the ministry or the Prime Minister is likely to change: another party or combination of parties may now have the support of the House, or a new leader may be identified as Prime Minister. Restrictions on control of public monies. Article 10 . 10) To live with a sensitive understanding of the ecosphere in which we live, and understand how we, as individuals and as a group, affect the world around us. This page was last edited on 29 October 2022, at 20:59. Accordingly, the amendments made in the last 50 years to these provisions have been made only following agreement between the major political parties in the House or, in the notable instance of the change to proportional representation, following a binding referendum (which had itself been preceded by an indicative referendum). The Government shall take all reasonable steps to prevent firearms or similar devices from falling into or under the influence of criminals, persons of bad character or of unsound mind. v) not to be subject to exploitative labour practices nor to be required or permitted to perform work which is hazardous or harmful to his or her education, health or wellbeing. Person for the purposes of this Constitution, shall mean any citizen of this nation, but shall include foreigners when applied to law enforcement. No city or town may sell any public utility unless the proposition shall first have been approved by a majority of the electors voting thereon. Compensation shall be determined in proceedings in a court of record. Article 9 . Because the state-owned enterprises were essentially private firms owned by the government, they would prevent assets that had been given by Mori for use by the state from being returned to Mori by the Waitangi Tribunal. 4) Authority shall have adequate funding; enforcement powers. Subject to the rules for State Commissions outlined above, the State Commission for Police shall: (a) Receive nominations for the position of National Commissioner of the Aotearoa-New Zealand Police Service (hereinafter called the National Commissioner). 1) Motherhood and childhood are entitled to special care and assistance. Each of the Ombudsman shall have the duty and power to enquiry widely and freely the conduct of any individual or group within his or her jurisdiction. g) such other information as may be reasonably withheld in the public interest. Citizens initiated referenda. [48] After much debate, this occurred in 1947 with the Statute of Westminster Adoption Act. It took a long time for New Zealand to gain parliamentary sovereignty. i) Members of the Commission shall hold office until each apportionment or districting plan becomes effective. Both the National Party and New Zealand First did not participate. 50% (or as close as it is practicable to achieve) of the members of the State Commission for Justice shall hold recognised degrees in law, but shall not be present or former members of the Police Service. Where information is disclosed under Parliamentary Privilege, the principle of Parliamentary Privilege shall override all limitations detailed in this section. You must have JavaScript enabled to use this form. 1) Population-based electoral districts, apportionment factors. Government shall also include local government. Short Title, etc. [26] Since 1996, New Zealand has used the mixed-member proportional (MMP) system, which is essentially proportional representation with single member seats (that can affect the proportionality of the House, but only to a limited degree). (ii) the recruitment, appointment, promotion and transfer of members of the Service; (iii) suspension, dismissal, disciplinary and grievance procedures; (iv) the training, conduct and conditions of service of members of the Service; (v) the general management, control, maintenance and provisioning of the Service; (vi) returns, registers, records, documents, forms and correspondence; and. The Commission shall be competent to investigate and make recommendations regarding the budget, functioning, organisation, armaments, policy, morale and state of preparedness of the National Defence Force and to perform such other functions relating to Parliamentary supervision of the Force as may be prescribed by law. No criminal shall be allowed to profit from his or her crime; any recovered or subsequent proceeds from crime must be directed to that criminals victims, or to the alleviation of suffering of victims of crime generally. And on 16 November 1840 the first constitution of Britain's colony of New Zealand was effected by Letters Patent known as the Charter and omitting any mention of the Treaty signed at Waitangi. There is no requirement for a referendum to enact constitutional change in New Zealand, except for the electoral system and term of parliament. 40% (or as close as it is practicable to achieve) of the members of the State Military and Civil Defence Commission shall have held hold recognised positions within the military, but shall not be present members of the National Defence Force. So right now, King Charles III is our Head of State. for 1+3, enter 4. Every person has the right to a standard of living adequate for the health and wellbeing of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security on the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. . If the final Court of Appeal finds against the Minister, then the Parliamentary dismissal shall become final. State Accounting and Auditing Department, role, composition, powers and duties of. 3) Existing public and private rights, continuance. Every major group of voters has the right to assume that their interests are fairly & proportionately represented in Parliament. i) Should the nominee for National Commissioner fail to gain the approval Parliament, he shall be excluded from further nomination for a further six months. The New Zealand Constitution Act of 1852 setup New Zealand as a self-governing colony with a parliament, executive council and divided the islands into six provinces. Decisions of the International Court of Appeal may not be appealed further unless the majority of the justices of the International Court of Appeal grant leave in special cases. Parliament may authorise or restrict gambling in the manner provided by law. Government must control dishonesty in business. The Commission shall furnish reports of expenditures, at least annually, to the Prime Minister and Parliament and shall be subject to annual audit as provided by law. The Broadcasting Commission shall ensure that a variety of entertainment material specialised for children is broadcast widely. The Treaty of Waitangi imposes certain limits on government action. The New Zealand Constitution Act of 1852, was enacted by Westminster Parliament to replace the New Zealand Constitution Act of 1846, as the British Settlers were unable to purchase land and make settlements. Hear how recent migrants found their move to New Zealand and why they love their new home. Article 10 . b) The establishment, organisation, training, state of preparedness, calling up, obligations and conditions of service of the part-time reserve component shall be as provided for by an Act of Parliament.
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