New Zealand Constitution Act 1852
Encyclopedia
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 previous 1846 Act
not having been fully implemented.
The Act remained in force as part of New Zealand's constitution until it was repealed by the Constitution Act 1986
.
The long title of the Act was "An Act to Grant a Representative Constitution to the Colony of New Zealand". The Act received the Royal Assent
on 30 June 1852.
, which was established in 1839, proposed that New Zealand should have representative institutions, and this was consistent with the findings of the Durham Report, which was commissioned during 1838 following minor rebellions in Upper and Lower Canada. The first settlement of the company, Wellington, briefly had its own elected council during 1840, which dissolved itself on the instruction of Lieutenant Governor William Hobson
. The first New Zealand Constitution Act
was passed in 1846, though Governor George Grey
was opposed to its proposed division of the country into European and Māori districts. As a result, almost all of the Act was suspended for six years pending the new Act of 1852, the only operative part of the 1846 Act being the creation of New Zealand's first provinces, New Ulster Province and New Munster Province. In the meantime, Grey drafted his own Act which established both provincial and central representative assemblies, allowed for Māori districts and an elected Governor. Only the latter proposal was rejected by the Parliament of the United Kingdom when it adopted Grey's constitution.
By the Act, the provinces had the authority to pass provincial legislation, although the Governor had a reserve power of veto such legislation, and the right of the Crown to disallow provincial Acts within two years of their passage was preserved. Parliament was granted the power to make laws for the "peace order and good government of New Zealand" provided such legislation was not inconsistent with the laws of England.
under the Act met in Auckland
in May 1854. This session was concerned primarily with the issue of responsible government, or the ability of the Colonial parliament instead of the Governor to appoint its own ministers. Prior to the Act, the Executive Council consisted of Crown servants who were responsible to the Governor. A motion was passed almost unanimously affirming the ability of Parliament to appoint its own Executive Council members. Three members of the Assembly (and later one from the Legislative Council) were added to the Executive Council as ministers without portfolio. The unofficial members soon resigned.
After fresh elections the 2nd Parliament
met, and the new Governor, Sir Thomas Gore-Browne, asked Henry Sewell
to form the first responsible ministry.
However, the General Assembly did not have total control of the executive. The Governor retained reserve powers to disallow legislation and there was the authority of the Crown to disallow legislation even after the Governor had given his assent. These powers of reservation and disallowance
were prerogative powers included in the Act. This power was limited by the Balfour Declaration
of 1926, in that they were to be exercised only on the advice of New Zealand ministers. The powers were not continued by the 1986 Constitution Act.
The powers of the Assembly were given in the Colonial Laws Validity Act 1865
, which stated that colonial legislatures had full powers to make laws respecting their own constitution, powers, and procedure.
The New Zealand Parliament did not gain total ability to amend the Act until 1947, when New Zealand adopted the Statute of Westminster 1931
with the Statute of Westminster Adoption Act 1947
. The only remaining provision relating to the Parliament of the United Kingdom was the ability of the former imperial legislature to legislate for New Zealand at the New Zealand Parliament's consent. This occurred only once, for the New Zealand Constitution Amendment Act 1947 which adopted the New Zealand Parliament's New Zealand Constitution Amendment (Request and Consent) Act 1947
.
A number of important amendments were made to the Act by the New Zealand Parliament:
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
that granted self-government
Self-governing colony
A self-governing colony is a colony with an elected legislature, in which politicians are able to make most decisions without reference to the colonial power with formal or nominal control of the colony...
to the colony of New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
. It was the second such Act, the previous 1846 Act
New Zealand Constitution Act 1846
The New Zealand Constitution Act 1846 was an Act of the Parliament of the United Kingdom intended to grant self-government to the colony of New Zealand, but it was never fully implemented...
not having been fully implemented.
The Act remained in force as part of New Zealand's constitution until it was repealed by the Constitution Act 1986
New Zealand Constitution Act 1986
The Constitution Act 1986 is the principal formal statement of New Zealand's Constitution.It ended the last remaining associations of New Zealand with the British Parliament.-1984 constitutional crisis:...
.
The long title of the Act was "An Act to Grant a Representative Constitution to the Colony of New Zealand". The Act received the Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 30 June 1852.
Background
The New Zealand CompanyNew Zealand Company
The New Zealand Company originated in London in 1837 as the New Zealand Association with the aim of promoting the "systematic" colonisation of New Zealand. The association, and later the company, intended to follow the colonising principles of Edward Gibbon Wakefield, who envisaged the creation of...
, which was established in 1839, proposed that New Zealand should have representative institutions, and this was consistent with the findings of the Durham Report, which was commissioned during 1838 following minor rebellions in Upper and Lower Canada. The first settlement of the company, Wellington, briefly had its own elected council during 1840, which dissolved itself on the instruction of Lieutenant Governor William Hobson
William Hobson
Captain William Hobson RN was the first Governor of New Zealand and co-author of the Treaty of Waitangi.-Early life:...
. The first New Zealand Constitution Act
New Zealand Constitution Act 1846
The New Zealand Constitution Act 1846 was an Act of the Parliament of the United Kingdom intended to grant self-government to the colony of New Zealand, but it was never fully implemented...
was passed in 1846, though Governor George Grey
George Edward Grey
Sir George Grey, KCB was a soldier, explorer, Governor of South Australia, twice Governor of New Zealand, Governor of Cape Colony , the 11th Premier of New Zealand and a writer.-Early life and exploration:...
was opposed to its proposed division of the country into European and Māori districts. As a result, almost all of the Act was suspended for six years pending the new Act of 1852, the only operative part of the 1846 Act being the creation of New Zealand's first provinces, New Ulster Province and New Munster Province. In the meantime, Grey drafted his own Act which established both provincial and central representative assemblies, allowed for Māori districts and an elected Governor. Only the latter proposal was rejected by the Parliament of the United Kingdom when it adopted Grey's constitution.
Effect
The Act established:- The bicameral Parliament of New ZealandParliament of New ZealandThe Parliament of New Zealand consists of the Queen of New Zealand and the New Zealand House of Representatives and, until 1951, the New Zealand Legislative Council. The House of Representatives is often referred to as "Parliament".The House of Representatives usually consists of 120 Members of...
, consisting of the General Assembly, the Governor, and a Legislative Council; - The Executive CouncilExecutive Council of New ZealandThe Executive Council of New Zealand is the body which legally serves the functions of the Cabinet. It has a function similar to that served by the Privy Council in the United Kingdom...
, nominally appointed by the Governor. This issue was to dominate the first session of Parliament in 1854; - The Provinces of New ZealandProvinces of New ZealandThe Provinces of New Zealand existed from 1841 until 1876 as a form of sub-national government. They were replaced by counties, which were themselves replaced by districts.Following abolition, the provinces became known as provincial districts...
, which divided New Zealand into six provinces.
By the Act, the provinces had the authority to pass provincial legislation, although the Governor had a reserve power of veto such legislation, and the right of the Crown to disallow provincial Acts within two years of their passage was preserved. Parliament was granted the power to make laws for the "peace order and good government of New Zealand" provided such legislation was not inconsistent with the laws of England.
Implementation
The first provincial elections were held during 1853. The first Parliament1st New Zealand Parliament
The 1st New Zealand Parliament was a term of the Parliament of New Zealand. It opened on 24 May 1854, following New Zealand's first general election . It was dissolved on 15 September 1855 in preparation for that year's election...
under the Act met in Auckland
Auckland
The Auckland metropolitan area , in the North Island of New Zealand, is the largest and most populous urban area in the country with residents, percent of the country's population. Auckland also has the largest Polynesian population of any city in the world...
in May 1854. This session was concerned primarily with the issue of responsible government, or the ability of the Colonial parliament instead of the Governor to appoint its own ministers. Prior to the Act, the Executive Council consisted of Crown servants who were responsible to the Governor. A motion was passed almost unanimously affirming the ability of Parliament to appoint its own Executive Council members. Three members of the Assembly (and later one from the Legislative Council) were added to the Executive Council as ministers without portfolio. The unofficial members soon resigned.
After fresh elections the 2nd Parliament
2nd New Zealand Parliament
The 2nd New Zealand Parliament was a term of the Parliament of New Zealand. It opened on 15 April 1856, following New Zealand's 1855 election. It was dissolved on 5 November 1860 in preparation for 1860–61 election...
met, and the new Governor, Sir Thomas Gore-Browne, asked Henry Sewell
Henry Sewell
Henry Sewell was a prominent 19th century New Zealand politician. He was a notable campaigner for New Zealand self-government, and is generally regarded as having been the country's first Premier, having led the Sewell Ministry in 1856.-Early life:Sewell was born on 7 September 1807 in the town of...
to form the first responsible ministry.
However, the General Assembly did not have total control of the executive. The Governor retained reserve powers to disallow legislation and there was the authority of the Crown to disallow legislation even after the Governor had given his assent. These powers of reservation and disallowance
Disallowance and reservation
Disallowance and reservation are constitutional powers that theoretically exist in certain Commonwealth realms to delay or overrule legislation. Originally created to retain the Crown's authority over colonial authorities across the British Empire, these powers are now generally obsolete, or have...
were prerogative powers included in the Act. This power was limited by the Balfour Declaration
Balfour Declaration 1926
The Balfour Declaration of 1926, a report resulting from the 1926 Imperial Conference of British Empire leaders in London, was named after the British statesman Arthur Balfour, first Earl of Balfour, Lord President of the Council and a previous Prime Minister of the United Kingdom...
of 1926, in that they were to be exercised only on the advice of New Zealand ministers. The powers were not continued by the 1986 Constitution Act.
The powers of the Assembly were given in the Colonial Laws Validity Act 1865
Colonial Laws Validity Act 1865
The Colonial Laws Validity Act 1865 is an Act of the Parliament of the United Kingdom. Its long title is "An Act to remove Doubts as to the Validity of Colonial Laws"....
, which stated that colonial legislatures had full powers to make laws respecting their own constitution, powers, and procedure.
Māori districts
Section 71 of the Act allowed for "Māori districts" where Māori law and custom were to be preserved, but this section was never implemented by the Crown. It was, however, used by the Kingitanga to justify claims of Māori self-governance during the 1870s and 1880s.Amendments
The first amendment to the Act was made by the British Parliament during 1857. This amendment granted the New Zealand General Assembly the ability to amend or repeal all of the provisions of the Constitution Act except provisions such as the establishment of the General Assembly itself and the extent of its legislative powers.The New Zealand Parliament did not gain total ability to amend the Act until 1947, when New Zealand adopted the Statute of Westminster 1931
Statute of Westminster 1931
The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom. Passed on 11 December 1931, the Act established legislative equality for the self-governing dominions of the British Empire with the United Kingdom...
with the Statute of Westminster Adoption Act 1947
Statute of Westminster Adoption Act 1947
The Statute of Westminster Adoption Act 1947 was a constitutional Act of the New Zealand Parliament that formally accepted the full external autonomy offered by the British Parliament...
. The only remaining provision relating to the Parliament of the United Kingdom was the ability of the former imperial legislature to legislate for New Zealand at the New Zealand Parliament's consent. This occurred only once, for the New Zealand Constitution Amendment Act 1947 which adopted the New Zealand Parliament's New Zealand Constitution Amendment (Request and Consent) Act 1947
New Zealand Constitution Amendment (Request and Consent) Act 1947
The New Zealand Constitution Amendment Act 1947 and New Zealand Constitution Amendment Act 1947 were two enactments passed by the Parliament of New Zealand and Parliament of the United Kingdom respectively...
.
A number of important amendments were made to the Act by the New Zealand Parliament:
- Abolition of the Provinces Act 1876: abolished the Provinces of New ZealandProvinces of New ZealandThe Provinces of New Zealand existed from 1841 until 1876 as a form of sub-national government. They were replaced by counties, which were themselves replaced by districts.Following abolition, the provinces became known as provincial districts...
; - Legislative Council Abolition Act 1950: repealed the sections relating to the Legislative CouncilNew Zealand Legislative CouncilThe Legislative Council of New Zealand was the upper house of the New Zealand Parliament from 1853 until 1951. Unlike the lower house, the New Zealand House of Representatives, the Legislative Council was appointed.-Role:...
so that New Zealand became a unicameral (one-house) legislature - New Zealand Constitution Amendment Act 1973: gave the New Zealand Parliament the power to pass laws of extraterritorial effect.