Independence of New Zealand
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The independence of New Zealand is a matter of continued academic and social debate. New Zealand has no fixed date of independence from the United Kingdom; instead, political independence came about as a result of New Zealand's evolving constitutional status.
Beginning in the late 1700s New Zealand's existing Māori population was supplemented by sealers and whalers, followed by sporadic arrivals of adventurers from Europe and the Americas, Christian missionaries, and escaped convicts from Australia.[1][2] British Resident James Busby arrived in New Zealand in May 1833.[3]
In 1835, a number of Māori chiefs asserted their sovereignty within their independent tribal nations by signing the Declaration of the Independence of New Zealand (He Whakaputanga o te Rangatiratanga o Nu Tireni). On 6 February 1840, William Hobson, as representative of the United Kingdom, and Māori chiefs signed the Treaty of Waitangi, which established the right of the British Crown to govern, and Hobson subsequently proclaimed British sovereignty over the islands in May of the same year.[4]
On 16 November 1840, the British government issued the Charter for Erecting the new Colony of New Zealand. The Charter stated that the Colony of New Zealand would be established as a Crown colony separate from New South Wales on 1 July 1841.[5] In 1853, only 12 years after the founding of the colony, the British Parliament passed the New Zealand Constitution Act 1852, granting the colony's settlers the right to self-governance. New Zealand was, therefore, to all intents and purposes independent in domestic matters from its earliest days as a British colony.
A major step towards
History
Declaration of Independence (1835)
On 28 October 1835, the Declaration of the Independence of New Zealand was signed by the United Tribes of New Zealand, a loose confederation of Māori tribes from the far north of New Zealand organised by British resident James Busby. This document declared the independence of the Māori tribes (iwi) who signed the Declaration, which was acknowledged by Lord Glenelg, Secretary of State for War and the Colonies on behalf of the British Crown on 25 May 1836, following consideration of the Declaration by the House of Lords.[6]
In 1839, in instructions given to Captain William Hobson, Lord Normanby said: "I have already stated that we acknowledge New Zealand as a sovereign and independent State, so far at least as it is possible to make that acknowledgment in favour of a people composed of numerous dispersed and petty tribes, who possess few political relations to each other, and are incompetent to act or even to deliberate in concert. But the admission of their rights, though inevitably qualified by this consideration, is binding on the faith of the British Crown." This was in the context of the urgent need to establish British authority in New Zealand, primarily to protect Maori from disaster. Normanby continued: "...extensive settlement of British subjects will be rapidly established in New Zealand, and that unless protected and restrained by necessary laws and institutions, they will repeat unchecked in that quarter of the globe the same process of war and spoliation under which uncivilised tribes have almost invariably disappeared, as often as they have been brought into the immediate vicinity of emigrants from the nations of Christendom. To mitigate, and, if possible, to avert these disasters, and to rescue the emigrants themselves from the evils of a lawless state of society, it has been resolved to adopt the most effective measures for establishing amongst them a settled form of civil government."[7]
Colonisation: The Treaty of Waitangi
The signing of the
On 17 August 1840 the first French colonists (from the Nanto-Bordelaise Company) arrived in Akaroa, soon learning of the new British rule, and thus effectively ending any further colonisation attempts by France. The connection was severed formally when the last Commissaire du Roi (Representative of the king of France) departed New Zealand on 10 April 1846.[11][12]
The principles behind the independence of New Zealand began before New Zealand even became a British colony. There had been minor rebellions in Canada, and in order to avoid making the mistakes which had led to the
As a result of this pressure, Governor Grey wrote his own draft constitution bill, while camping on
New Zealand participated in the 1891 National Australian Convention in Sydney to consider the Federation of the Australian and New Zealand colonies. The Convention agreed to four principles including the creation of a Federated army and navy. Interest in the proposed Australian Federation faded and New Zealand did not send a delegation to the 1897 National Australian Convention.[15]
Dominion status
In 1901 New Zealand did not ratify the
Despite this new status, there was some apprehension in 1919 when Prime Minister
In 1926, the
League of Nations
New Zealand joined the League of Nations on 10 January 1920. Under International Law only a sovereign state can sign an international treaty – although New Zealand and the other Dominions signed as part of a "British Empire Delegation", and their names were indented in a list following that of Britain. The significance of the indentation was perhaps deliberately left unclear. The Treaty of Versailles offered membership to any "fully self-governing State, Dominion, or Colony" (Art. 1).
At the 1921 Imperial Conference British Prime Minister Lloyd George said:
"In recognition of their service and achievements during the war, the British Dominions have now been accepted fully into the comity of the nations of the whole world. They are signatories to the Treaty of Versailles and all other treaties of peace. They are members of the Assembly of the League of Nations, and their representatives have already attended meetings of the League. In other words, they have achieved full national status and they now stand beside the United Kingdom as equal partners in the dignities and responsibilities of the British Commonwealth. If there are any means by which that status can be rendered even more clear to their own communities and to the world at large, we shall be glad to have them put forward."[19]
1926 Imperial Conference
The
"New Zealand has not, in any great measure, been concerned with the recent development in the constitutional relations between the members of the British Commonwealth of Nations. We have felt that at all times within recent years we have had ample scope for our national aspirations and ample freedom to carry out in their entirety such measures as have seemed to us desirable."[20]
In 1914 Britain had declared war on the Central Powers for the whole British Empire[21] but in 1939 the Dominions made their own decisions. On 3 September 1939 New Zealand declared war on Germany.[22] Declaration of war is normally regarded as an indication of sovereignty.
Statute of Westminster and Realm (1930s–1970s)
At the outset of the Second World War, the Prime Minister,
"...for almost a century, behind the sure shield of Britain, we have enjoyed and cherished freedom and self-government. Both with gratitude for the past and with confidence in the future, we range ourselves without fear beside Britain. Where she goes, we go, where she stands, we stand. We are only a young nation, but we are one and all a band of brothers, and we march forward with a union of hearts and wills to a common destiny."[23]
Savage's successor, Peter Fraser, did not withdraw New Zealand troops from the Middle East in 1942 (unlike Australia), based on an assessment of New Zealand interests.[24]
In the 1944
In 1948, the New Zealand Parliament passed the British Nationality and New Zealand Citizenship Act 1948, altering the New Zealand nationality law. From 1 January 1949 all New Zealanders became New Zealand citizens. However, New Zealanders remained British subjects under New Zealand nationality law. Prior to this Act, migrants to New Zealand were classed as either "British" (mainly from the United Kingdom itself, but also other Commonwealth countries such as Australia, South Africa and India) or "Non-British".[27]
At a meeting of Commonwealth prime ministers in 1952 following the death of King George VI, it was agreed that the new Queen Elizabeth could have a royal style and title that was different in each dominion, but with an element common to all the dominions. New Zealand was thus an independent
Until 1967, there was a requirement that nominations to the office of governor-general were approved by British ministers.[28] The first New Zealand-born governor-general was appointed to the office, Lord Poritt (although Bernard Freyberg had previously been appointed in 1946; Freyberg had been born in the United Kingdom, but had lived in New Zealand from a young age). Porritt had also been resident in the United Kingdom for most of his life. Public opinion was divided on appointing a New Zealander to the role; a Gallup opinion poll for the Auckland Star newspaper found 43 per cent of respondents preferred Britons for the role, while 41 per cent favoured New Zealanders and 6 per cent candidates from other Commonwealth countries.[29] Newspapers at the time welcomed the appointment, the Greymouth Star saying that it was "an acknowledgement of New Zealand's maturity."[29] The result was a greater focus on new overseas markets for New Zealand goods, mainly in the Asia-Pacific regions.
Loosened ties with the United Kingdom (1970s–present)
A major breakaway from British influence occurred in the mid 1960s as a result of the Vietnam War. Under the ANZUS Treaty and growing concerns about Communist influences in the Asia-Pacific region, the United States pressured the governments of Australia and New Zealand to contribute to the war in Vietnam, eventually resulting in both nations sending forces. New Zealand's involvement lasted from 1963 until 1975, consisting of both military and non-military aid. The Vietnam War was the first conflict that New Zealand entered that did not involve Britain or any other Commonwealth nations other than Australia.[30] Although the war was largely unpopular in New Zealand, the conflict brought closer ties between New Zealand and the United States militarily, at least until 1986 when New Zealand was suspended from ANZUS due to its anti-nuclear policy. This led to the Reagan administration cutting major military and diplomatic ties between Wellington and Washington, downgrading New Zealand from 'ally', to 'friend'.[31]
A more significant move towards independence in a practical rather than legal sense came in 1973 when Britain joined the European Economic Community. The move, although anticipated, caused major economic structural adjustment issues, as the vast majority of New Zealand's exports went to Britain at that time.[32]
The election of the nationalist Third Labour Government of Norman Kirk in 1972 brought further changes. Kirk's Government introduced the Constitution Amendment Act 1973, which altered the New Zealand Constitution Act 1852 so that the New Zealand Parliament could legislate extra-territorially. In Re Ashman the Supreme Court (since renamed the High Court, not to be confused with the contemporary Supreme Court) held that as a result of the 1973 Act, New Zealand had formally severed the New Zealand Crown from the British Crown.[33] The Third Labour Government also passed the Royal Titles Act 1974, changing the Queen's style and titles to be solely Queen of New Zealand. The nationality listed in New Zealand passports for the passport holder was changed in 1973 from "British Subject and New Zealand Citizen" to simply "New Zealand citizen".[34]
In 1983 a new
In 1996, New Zealand created its own royal honours system (including knighthoods and damehoods). The honours retained the Victoria Cross but ceased appointments to British imperial honours. With few exceptions, all honours and awards were conferred by the Queen of New Zealand on the advice of her New Zealand ministers. Certain awards remained in the exclusive gift of the Queen.[37]
In 2003 the Fifth Labour Government, led by Helen Clark, abolished appeals to the Judicial Committee of the Privy Council and created the Supreme Court of New Zealand, a move further separating New Zealand from the United Kingdom, though there was provision for cases commenced before then to remain subject to the right of appeal.
At the same time, political relations between New Zealand and the United States improved during the George W. Bush administration (2001–2009) especially after Prime Minister Helen Clark visited the White House on 22 March 2007.[38] They ended the difficult relationship that had escalated in 1986.[39] New agreements between New Zealand and the United States for defense cooperation were signed in 2010 ("Wellington Declaration"), 2012 ("Washington Declaration"), and a reaffirmation of the bilateral agreements in 2022 ("Aotearoa New Zealand Joint Statement.")[40]
Independence in the New Zealand flag debate
Although the current New Zealand flag remains a popular symbol of New Zealand, there have been proposals from time to time for the New Zealand flag to be changed. Proponents of a new flag argued "[t]he current New Zealand Flag is too colonial and gives the impression that New Zealand is still a British colony and not an independent nation."[41]
Two referendums were held on the flag in 2015 and 2016, with a 56.6% majority voting to keep the current flag.[42]
See also
References
Footnotes
- Prime Minister of Newfoundland; Gordon Coates, Prime Minister of New Zealand; Stanley Bruce, Prime Minister of Australia; James Hertzog, Prime Minister of South Africa, and W. T. Cosgrave, President of the Executive Council of the Irish Free State; front row, left to right: Stanley Baldwin, Prime Minister of the United Kingdom; the King; and William Lyon Mackenzie King, Prime Minister of Canada.
Citations
- ISBN 978-0-14-301867-4.
- ^ 'Frontier of chaos?', URL: https://nzhistory.govt.nz/culture/pre-1840-contact/frontier-of-chaos Archived 27 November 2022 at the Wayback Machine, (Ministry for Culture and Heritage), updated 5-Aug-2014
- ^ 'New South Wales and New Zealand', URL: https://nzhistory.govt.nz/culture/taming-the-frontier/british-intervention Archived 27 November 2022 at the Wayback Machine, (Ministry for Culture and Heritage), updated 25-Mar-2014
- ^ "Hobson proclaims British sovereignty over New Zealand". nzhistory.govt.nz. Archived from the original on 18 May 2017. Retrieved 6 December 2022.
- ^ 'New Zealand Becomes a Colony', from An Encyclopaedia of New Zealand, edited by A. H. McLintock, originally published in 1966. Te Ara - the Encyclopedia of New Zealand URL: http://www.TeAra.govt.nz/en/1966/history-constitutional/page-2 Archived 8 April 2015 at the Wayback Machine (accessed 04 Dec 2022)
- ^ Palmer 2008, p. 41.
- ^ "Lord Normanby's Instructions to Captain Hobson 1839 [1839] NZConLRes 2". New Zealand Legal Information Institute. 14 August 1839. Archived from the original on 6 April 2019. Retrieved 7 April 2019.
- ^ Burns 1989, pp. 265, 283.
- ^ "New Zealand Company / United Tribes flag". Te Papa. Archived from the original on 31 October 2020. Retrieved 6 April 2019.
- ^ "Proclamation of Sovereignty over the North Island 1840 [1840] NZConLRes 9". New Zealand Legal Information Institute. 21 May 1840. Archived from the original on 24 February 2021. Retrieved 6 April 2019.
- ^ Tessa Copland, "French", Te Ara - the Encyclopedia of New Zealand. Accessed 4 December 2022. Archived 4 December 2022 at the Wayback Machine.
- ^ "AKAROA, FRENCH SETTLEMENT AT", from An Encyclopaedia of New Zealand, edited by A. H. McLintock, originally published in 1966. Te Ara - the Encyclopedia of New Zealand. Accessed on 4 December 2022. Archived 24 March 2015 at the Wayback Machine.
- JSTOR 1944276.
- ^ Hamer 1990, p. 189.
- ^ Neville Meaney, The Search for Security in the Pacific, 1901–1914, Sydney University Press, 1976.
- ^ "Dominion Day - From colony to dominion". NZHistory.net.nz. 20 December 2012. Archived from the original on 18 January 2013. Retrieved 10 March 2013.
- NZHistory. 30 April 2019. Archivedfrom the original on 2 February 2020. Retrieved 29 March 2020.
- ISBN 0-475-50067-9. Archived(PDF) from the original on 30 November 2022. Retrieved 12 April 2022.
- ^ David Green. "New Zealand at the 1919 Paris Peace Conference". Ministry for Culture and Heritage. Archived from the original on 3 August 2019. Retrieved 3 August 2019.
- ^ Kumarasingham 2010, p. 16.
- ^ Steve Watters (11 January 2014). "Where Britain goes, we go?". Ministry for Culture and Heritage. Archived from the original on 11 August 2019. Retrieved 12 August 2019.
- ^ Moon 2010, p. 106.
- ^ Kumarasingham 2010, p. 19.
- ^ "Why they came: US forces in New Zealand". Archived from the original on 13 May 2008. Retrieved 4 March 2008.
- ^ a b Michael Bassett (2001). Tomorrow Comes the Song A Life of Peter Fraser. Penguin Books.
- ^ McLean, Gavin. "The Queen's constitutional and public ceremonial roles". Government House. Archived from the original on 31 March 2019. Retrieved 11 August 2019.
Under the concept of the 'divisible Crown', the Queen is the head of state of 15 countries. She reigns as Queen of New Zealand independently of her position as Queen of the United Kingdom.
- ISBN 9781869533359.
- ISBN 978-0-864-72843-2
- ^ a b McLean 2006, p. 277.
- ^ 'The Vietnam War', URL: https://nzhistory.govt.nz/war/vietnam-war Archived 2 July 2019 at the Wayback Machine, (Ministry for Culture and Heritage), updated 4-Oct-2021
- ^ McFarlane, Robert C (25 February 1985). "United States Policy toward the New Zealand Government with respect to the Port Access Issue" (PDF). CIA Reading Room. Archived (PDF) from the original on 5 December 2022. Retrieved 5 December 2022.
- ^ Belich 2002, p. 23.
- ^ "Re Ashman, 2 NZLR 224". 1976. Archived from the original on 4 November 2012. Retrieved 9 September 2017.
- ^ Walrond, Carl (13 April 2007), "Kiwis overseas - Staying in Britain", Te Ara: The Encyclopedia of New Zealand, teara.govt.nz, archived from the original on 25 May 2017, retrieved 4 January 2010
- ^ "History of the Governor-General Page 7 – Patriated". Ministry for Culture and Heritage. 14 July 2014. Archived from the original on 18 September 2020. Retrieved 6 October 2019.
- ^ Wilson 2008.
- ^ "Overview of The New Zealand Royal Honours System". dpmc.govt.nz. Department of the Prime Minister and Cabinet. Archived from the original on 13 July 2019. Retrieved 3 August 2019.
- ^ "President Bush Welcomes NZ PM Clark to Oval Office". Scoop Independent News. 22 March 2007. Archived from the original on 14 November 2019. Retrieved 16 December 2022.
- ^ Vaughn, Bruce (2011). "New Zealand: Background and Bilateral Relations with the United States" (PDF). CRS Report for Congress. Congressional Research Service: 1–17. Archived (PDF) from the original on 22 January 2021. Retrieved 3 July 2013.
- The White House. 31 May 2022. Archivedfrom the original on 2 June 2022. Retrieved 2 June 2022.
- ^ John Moody. "Past Attempts to Change New Zealand's Flag" (PDF). The XIX International Congress of Vexillology. Archived (PDF) from the original on 6 April 2020. Retrieved 22 September 2011.
- ^ "New Zealand votes to keep current flag". BBC News. 24 March 2016. Archived from the original on 18 June 2018. Retrieved 12 August 2019.
Bibliography
- ISBN 9780713991727.
- Burns, Patricia (1989). Fatal Success: A History of the New Zealand Company. Heinemann Reed. ISBN 0-7900-0011-3.
- ISBN 9780958299718.
- Hamer, David Allen, ed. (1990). The Making of Wellington, 1800-1914. ISBN 9780864732002.
- ISBN 978-0-86473-579-9.
- Kumarasingham, Harshan (2010). Onward with Executive Power - Lessons from New Zealand 1947-57. Institute of Policy Studies, ISBN 978-1-877347-37-5. Archived from the originalon 22 May 2010.
- ISBN 1-877372-25-0.
- ISBN 0868616907.
- Wilson, John (December 2008). "New Zealand Sovereignty: 1857, 1907, 1947, or 1987?". Political Science. 60 (2): 41–50. .
External links
- New Zealand sovereignty: 1857, 1907, 1947, or 1987? Archived 15 April 2012 at the Wayback Machine, Research Report, Parliamentary Library, 28 August 2007.