Oath of Allegiance (New Zealand)
Encyclopedia
The New Zealand
Oath of Allegiance is defined by the Oaths and Declarations Act 1957. All Oaths can be taken in either Māori or English form. It is possible to take a affirmation
, which has the same legal effect as an Oath.
In Māori
, this is:
A modified version, with the added phrase "and I will obey the laws of New Zealand and fulfil my duties as a New Zealand citizen" is used as New Zealand's Oath of Citizenship
.
requires that, before being permitted to sit or vote in the House of Representatives
, members of Parliament must take the Oath of Allegiance.
, announced a review of New Zealand's oaths and affirmations stating that "This review also offers a chance for people to express a view on whether our oaths accurately reflect the values and beliefs that are important to New Zealanders in the 21st century". The Ministry of Justice reported in a discussion paper on oaths and affirmations that many were either out of date (such as the teachers' oath or the Queen's Counsel oath) or used arcane language. The review suggested that New Zealand could follow the experience of Australia by removing references to the Queen from the oaths. The Monarchist League called the change "republicanism by stealth" and commented that "[a] declaration of allegiance to New Zealand, or to the Prime Minister, would be a poor substitute [for the Queen]".
In response, the Republican Movement argued that removing references to the Queen was not "republicanism by stealth" but simply reflected the contemporary values of New Zealanders.
The Republican Movement also submitted that "[t]he Australians have already updated their oath of citizenship so that there is no mention of the Queen, while maintaining the exact same constitutional monarchy as New Zealand".
.
The Bill would have made the following changes:
The Monarchist League was pleased with this outcome, stating, "While it may be questioned what 'loyalty to New Zealand', and 'respect for its democratic values' actually mean, it is heartening that no attempt was made to remove the oath of allegiance to the Queen." The Republican Movement stated that "[t]he best thing about the new oaths is that they can easily be changed when we become a republic".
After passing the first reading and going to the Government Administration Committee, the Bill had its second reading discharged on 1 June 2010, meaning it will not proceed.
MP Hone Harawira
has put up an amendment (in the form of a supplementary order paper) to the Oaths Modernisation Bill inserting references to the oaths and affirmations to "uphold the Treaty of Waitangi".
Harawira eventually split from the Māori Party and resigned from parliament to re-contest his seat as leader of the Mana Party
. He won the subsequent by-election. On 14 July 2011, Harawira was removed from the chamber by the Speaker of the House, Lockwood Smith
, for not pledging the oath of allegiance as required by law.
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...
Oath of Allegiance is defined by the Oaths and Declarations Act 1957. All Oaths can be taken in either Māori or English form. It is possible to take a affirmation
Affirmation in law
In law, an affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath. An affirmation has exactly the same legal effect as an oath, but is usually taken to avoid the religious implications of an oath...
, which has the same legal effect as an Oath.
Oath
The Oath, in its present form, is:
|
In Māori
Māori
The Māori are the native or indigenous Polynesian people of New Zealand . They arrived in New Zealand from eastern Polynesia in several waves at some time before 1300 CE. Over several centuries in isolation, the Māori developed a unique culture with their own language, a rich mythology,...
, this is:
|
A modified version, with the added phrase "and I will obey the laws of New Zealand and fulfil my duties as a New Zealand citizen" is used as New Zealand's Oath of Citizenship
Oath of Citizenship (New Zealand)
The purpose of the Oath of Citizenship, as opposed to the Oath of Allegiance, is for new New Zealand citizens to pledge their loyalty not only to the New Zealand Sovereign, Queen Elizabeth II, as the personification of the State and the personal symbol of allegiance, but also to the laws and...
.
Affirmation
An affirmation begins with "I, [name], solemnly, sincerely, and truly declare and affirm,” and continues with the words of the oath prescribed by law, omitting any reference to God.Other New Zealand Oaths
For simplification, the oaths set out below take the form they would have if used today in English.Governor-General's Oath
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Executive Council Oath
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House of Representatives Oath
The Constitution Act 1986New 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:...
requires that, before being permitted to sit or vote in the House of Representatives
New Zealand House of Representatives
The New Zealand House of Representatives is the sole chamber of the legislature of New Zealand. The House and the Queen of New Zealand form the New Zealand Parliament....
, members of Parliament must take the Oath of Allegiance.
Parliamentary Under-Secretaries Oath
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Judicial Oath
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Armed forces Oath
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Police Oath
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Alteration and augmentation of oaths
In May 2004, the Minister of Justice, Phil GoffPhil Goff
Philip Bruce Goff is the current Leader of the Opposition and the Leader of the New Zealand Labour Party. During the Fifth Labour Government, he served in a number of ministerial portfolios, including Minister of Defence of New Zealand, Minister of Corrections, Minister of Foreign Affairs and...
, announced a review of New Zealand's oaths and affirmations stating that "This review also offers a chance for people to express a view on whether our oaths accurately reflect the values and beliefs that are important to New Zealanders in the 21st century". The Ministry of Justice reported in a discussion paper on oaths and affirmations that many were either out of date (such as the teachers' oath or the Queen's Counsel oath) or used arcane language. The review suggested that New Zealand could follow the experience of Australia by removing references to the Queen from the oaths. The Monarchist League called the change "republicanism by stealth" and commented that "[a] declaration of allegiance to New Zealand, or to the Prime Minister, would be a poor substitute [for the Queen]".
In response, the Republican Movement argued that removing references to the Queen was not "republicanism by stealth" but simply reflected the contemporary values of New Zealanders.
The Republican Movement also submitted that "[t]he Australians have already updated their oath of citizenship so that there is no mention of the Queen, while maintaining the exact same constitutional monarchy as New Zealand".
Oaths Modernisation Bill
One year after the review was announced, Phil Goff released the new forms the oaths were to take. The references to the Queen were retained, and the Oaths Modernisation Bill was introduced in ParliamentParliament of New Zealand
The 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...
.
The Bill would have made the following changes:
- It amends the parliamentary oath to include loyalty to New Zealand and respect for the democratic values of New Zealand and respect for the rights and freedoms of its people;
- It amends the citizenship oath to include loyalty to New Zealand, and respect for the democratic values of New Zealand and respect for the rights and freedoms of its people;
- It provides a Māori version of each oath. The Act provides that using a Māori equivalent of any of the oaths set out in that Act shall have full legal effect;
- It amends the Act to prescribe a Māori language version of the words with which an affirmation must begin.
The Monarchist League was pleased with this outcome, stating, "While it may be questioned what 'loyalty to New Zealand', and 'respect for its democratic values' actually mean, it is heartening that no attempt was made to remove the oath of allegiance to the Queen." The Republican Movement stated that "[t]he best thing about the new oaths is that they can easily be changed when we become a republic".
After passing the first reading and going to the Government Administration Committee, the Bill had its second reading discharged on 1 June 2010, meaning it will not proceed.
Hone Harawira amendment
In 2007, then Māori PartyMaori Party
The Māori Party, a political party in New Zealand, was formed on 7 July 2004. The Party is guided by eight constitutional "kaupapa", or Party objectives. Tariana Turia formed the Māori Party after resigning from the Labour Party where she had been a Cabinet Minister in the Fifth Labour-led...
MP Hone Harawira
Hone Harawira
Hone Pani Tamati Waka Nene Harawira is a New Zealand Māori activist and parliamentarian. He was elected to the Parliament of New Zealand for the Māori electorate of Te Tai Tokerau in the 2005 general election as the Māori Party candidate. His resignation caused the Te Tai Tokerau by-election, held...
has put up an amendment (in the form of a supplementary order paper) to the Oaths Modernisation Bill inserting references to the oaths and affirmations to "uphold the Treaty of Waitangi".
Harawira eventually split from the Māori Party and resigned from parliament to re-contest his seat as leader of the Mana Party
Mana Party (New Zealand)
The Mana Party is a New Zealand political party led by Hone Harawira. It was formed in April 2011, and plans to contest the 2011 general election. Standing under the Mana Party banner, Mana won an early victory when Mr Harawira won the by-election in Te Tai Tokerau held on 25 June 2011...
. He won the subsequent by-election. On 14 July 2011, Harawira was removed from the chamber by the Speaker of the House, Lockwood Smith
Lockwood Smith
Alexander Lockwood Smith is a New Zealand politician, the 28th and current Speaker of the House of Representatives. Smith is a member of the New Zealand National Party, who has served as a Member of Parliament since 1984...
, for not pledging the oath of allegiance as required by law.
- See also: Republicanism in New ZealandRepublicanism in New ZealandRepublicanism in New Zealand is a theoretical political concept, the implementation of which would result in changing New Zealand's current constitutional monarchy to that of a republic...
and Opposition and augmentation to the Canadian Oath of Allegiance
See also
- Oath of AllegianceOath of allegianceAn oath of allegiance is an oath whereby a subject or citizen acknowledges a duty of allegiance and swears loyalty to monarch or country. In republics, modern oaths specify allegiance to the country's constitution. For example, officials in the United States, a republic, take an oath of office that...
- Oath of Allegiance (Australia)Oath of Allegiance (Australia)In Australia the Oath of Allegiance and the Affirmation of Allegiance are oaths of allegiance made to the monarch of Australia. Both are defined by the Constitution of Australia....
- Oath of Allegiance (Canada)Oath of Allegiance (Canada)The Canadian Oath of Allegiance is a promise or declaration of fealty to the Canadian monarch, taken, along with other specific oaths of office, by new occupants of various government positions, including federal and provincial viceroys, appointees to the Queen's Privy Council, Supreme Court...