New Zealand Parliament
New Zealand Parliament Pāremata Aotearoa | |
---|---|
King of New Zealand | |
History | |
Founded | 24 May 1854[1] | (first sitting)
Leadership | |
Charles III since 8 September 2022 | |
Cindy Kiro since 21 October 2021 | |
Structure | |
Seats | 123 |
House political groups | Government (68)
Official Opposition (34)
|
Elections | |
House voting system | Mixed-member proportional representation |
Last House election | 14 October 2023 |
Meeting place | |
Parliament House, Wellington | |
Website | |
www |
New Zealand portal |
The New Zealand Parliament (
The House of Representatives normally consists of 120
Parliament is supreme over all other government institutions. The legislature is closely linked to the executive. The New Zealand Government comprises a prime minister (head of government) and other ministers; in accordance with the principle of responsible government, they are always selected from and accountable to the House of Representatives.
Neither the monarch (currently King
Terminology
In New Zealand the term parliament is used in a few different senses. Firstly, the term refers to the entire legislative branch consisting of the King (whose constitutional role in the legislative process is limited) and the House of Representatives. Secondly, it can mean each group of MPs voted into office following a general election. In this sense, the 1st Parliament sat from 24 May 1854 to 15 September 1855.[1] The current Parliament, which started on 5 December 2023, is the 54th.[4]
Lastly, "Parliament" may also refer to a physical place: most specifically the debating chamber where MPs meet, also the building in which the chamber is housed (normally Parliament House, Wellington[5]), and more generally still this building and the several other buildings in which MPs have their offices.[6][7]
History
Westminster model
The New Zealand Parliament is specifically modelled on the Westminster system of parliamentary representation, developed in the United Kingdom of Great Britain and Ireland. This system can be traced back to the "Model Parliament" of 1295.[8]
Over the centuries, parliaments progressively limited the power of the monarchy (
Establishment
As early as 1846 the British settlers in New Zealand petitioned for
Upper house abolished
Initially, legislative councillors were appointed for life, but from the 1890s they were appointed for renewable seven-year terms.
At the time of its abolition the upper house had fifty-four members, including its own
Provincial government
Under the Constitution Act, legislative power was also conferred on New Zealand's provinces (originally six in number), each of which had its own elected provincial council.[11] These provincial councils were able to legislate for their provinces on most subjects. New Zealand was never a federation comparable to Canada or Australia; Parliament could legislate concurrently with the provinces on any matter, and in the event of a conflict, the law passed by Parliament would prevail.[19] Over a twenty-year period, political power was progressively centralised, and the provinces were abolished altogether in 1876.[12]
Māori representation
New Zealand had representatives of the
The Māori electorates have lasted far longer than the intended five years. In 2002, the seats increased in number to seven.[20]
Country quota
One historical speciality of the New Zealand Parliament was the
Modern independent legislature
Originally the New Zealand Parliament remained subordinate to the British Parliament, the supreme legislative authority for the entire British Empire—although, in practice, Britain's role was minimal from the 1890s.
In 1986 a new Constitution Act was passed, finally removing the power for the British Parliament to pass laws affecting New Zealand (which was by then only with New Zealand's consent), restating the few remaining provisions of the 1852 Act, consolidating the legislation establishing Parliament, and officially replacing the name "General Assembly" with "Parliament".[23][14]
Beginning in the 1890s, when the New Zealand Liberal Party was established as the first formal political party in New Zealand, political power shifted from the House of Representatives to elections, parties and leaders. The conservative Reform Party was formed in 1909, and the New Zealand Labour Party in 1916. The New Zealand National Party emerged in 1936 from the amalgamation of Reform and a remnant of the Liberals, the United Party.[16] As of the 2023 general election[update], the current parties represented in the House of Representatives are National, Labour, the Greens, ACT, Te Pāti Māori, and New Zealand First.[24]
Labour Member of Parliament Whetu Tirikatene-Sullivan was the longest-serving female MP (1967–1996) and was also the first MP to give birth while serving in office. National MP Ruth Richardson was the first MP to bring her baby into the debating chamber while fellow National MP Katherine Rich was the first MP to feed her baby in the House. During the 1990s, a child care centre was established for the children of MPs and parliamentary staff.[25][26] In November 2017, the Speaker of the House Trevor Mallard announced that Parliament would becoming more "baby friendly."[25][27] Family friendly policies have included making an atrium near the parliamentary chamber accessible to MP's children, giving carers and spouses the same security clearances as MPs, opening the Parliamentary swimming pool to the families of MPs and staff, and updating the family room to have baby-feeding and changing facilities, and a play area on Parliament's lawn.[26][28][29]
On 10 February 2021, Mallard announced that ties were no longer compulsory in Parliament following a Standing Orders meeting where the majority voted in favour of Te Pāti Māori's submission calling for the elimination of neckties as part of Parliament's compulsory business attire. This announcement followed an argument between Mallard and Te Pāti Māori co-leader Rawiri Waititi, who had been ejected from Parliament for refusing to wear a neck tie in favour of Māori business attire.[30]
Sovereignty
Based on the
The House of Representatives has the exclusive power to regulate its own procedures. The House has "entrenched" certain issues relating to elections. These include the length of a parliamentary term, deciding on who can vote, how they vote (via secret ballot), how the country should be divided into electorates, and the make-up of the Representation Commission, which decides on these electorates.[33] These issues require either 75% of all MPs to support the bill or a referendum on the issue.[32] As the entrenchment mechanism is not entrenched itself, it could be repealed by a simple majority, thus allowing the entrenched provisions of the Electoral Act to also be repealed by a simple majority.[34][35]
Monarch
The
Houses
House of Representatives
The House of Representatives was established as a
Ministers in the New Zealand Government are drawn from amongst the members of the House of Representatives (with the possible exception of brief periods following an election).[43] The government of the day, and by extension the prime minister, must achieve and maintain the support of the House in order to gain and remain in power.[3] The Government is dependent on Parliament to implement its legislative agenda, and has always required the House's approval to spend money.[40]
Upper house
The Parliament does not have an
Legislative Council
The original Legislative Council was created by the Charter for Erecting the
With the passing of the New Zealand Constitution Act 1852, the Legislative Council was reconstituted as the upper house of the General Assembly. The Council was intended to scrutinise and amend bills passed by the House of Representatives, although it could not initiate legislation or amend money bills. Despite occasional proposals for an elected Council, members of the Legislative Council (MLCs) were appointed by the governor, generally on the recommendation of the prime minister.[16] It was eventually decided that the Council was having no significant impact on New Zealand's legislative process; its final sitting was on 1 December 1950.[48]
Senate proposals
In September 1950, the National government of Sidney Holland set up a constitutional reform committee to consider an alternative second chamber, chaired by Ronald Algie. A report produced by the committee in 1952 proposed a nominated Senate, with 32 members, appointed by leaders of the parties in the House of Representatives according to the parties' strength in that House. Senators would serve for three-year-terms, and be eligible for reappointment.[49] The Senate would have the power to revise, initiate or delay legislation, to hear petitions, and to scrutinise regulations and Orders in Council, but the proposal was rejected by the Prime Minister and by the Labour opposition, which had refused to nominate members to the committee.[50]
After the 1990 election, the National government of
In 2010, the New Zealand Policy Unit of the Centre for Independent Studies proposed a Senate in the context of the 2011 referendum on MMP. They proposed a proportionally-elected upper house made up 31 seats elected using a proportional list vote by region, with the House of Representatives elected by FPP and consisting of 79 seats.[55]
Term
A term of Parliament in New Zealand may not last more than three years. The
A new parliamentary session is marked by the
MPs receive the Royal Summons to these events from the usher of the Black Rod, after the usher knocks on the doors of the House of Representatives chamber that have been slammed shut, to illustrate the MPs' right to deny entry to anyone, including the monarch.[61][44]
Passage of legislation
Before any law is passed, it is first introduced in Parliament as a draft known as a
House and committees
Each bill goes through several stages before it becomes a law. The first stage is the first reading, where MPs debate the bill in principle. It is normally sent to a select committee where the public has the opportunity to make submissions on the bill and the committee can recommend amendments to the bill. The select committee stage is followed by the second reading, where MPs again debate the bill in principle and the select committee recommendations. This is followed by the committee of the whole house, where MPs debate individual clauses or parts and make amendments. In the third reading, MPs debate the final form of the bill. If a majority of MPs vote in favour of the bill at its third reading, the bill is passed. If a majority of MPs vote against the bill at any reading, the bill is rejected and goes no further through the process.[3]
Royal Assent
If a bill passes its third reading, it is delivered to the governor-general by the clerk of the House of Representatives, who, assuming that constitutional convention is followed, will grant Royal Assent as a matter of course. Some constitutional lawyers, such as Professor Philip Joseph, believe the governor-general does retain the power to refuse Royal Assent to bills in exceptional circumstances—specifically if democracy were to be abolished.[63] Others, such as former law professor and Prime Minister Sir Geoffrey Palmer and Professor Matthew Palmer argue any refusal of Royal Assent would cause a constitutional crisis.[64]
As a practical reality, because the Royal Assent to a bill must follow quickly after its passage by the House of Representatives, if there is any substantial issue about the constitutional validity of a bill, the issue must be considered by the attorney-general before the bill is introduced into the House.[65][note 2]
List of parliaments
Parliament is currently in its 54th term.
See also
- Bellamy's catering service
- Constitution of New Zealand
- Elections in New Zealand
- Independence of New Zealand
- List of legislatures by country
- Lists of statutes of New Zealand
- Politics of New Zealand
Notes
- ^ The House of Representatives itself is regarded as always in existence, notwithstanding that Parliament has been dissolved.
- ^ Section 7 of the New Zealand Bill of Rights Act 1990 (NZBORA) requires that the attorney-general report to the New Zealand Parliament on any bills that contain provisions that appear to be inconsistent with the NZBORA.[66] See Bills reported as inconsistent with the New Zealand Bill of Rights Act 1990.
References
Citations
- ^ a b c d "First sitting, 1854". NZ History. Ministry for Culture and Heritage. 19 August 2014. Retrieved 22 February 2019.
- ^ a b McLean, Gavin (28 September 2016). "Governors and governors-general – Constitutional duties". Te Ara: The Encyclopedia of New Zealand. Retrieved 1 July 2017.
- ^ a b c d e Martin, John E. (17 February 2015). "Parliament". Te Ara: The Encyclopedia of New Zealand. Retrieved 30 August 2016.
- ^ "Opening of the 54th Parliament - New Zealand Parliament". www.parliament.nz. Retrieved 27 November 2023.
- ^ "Chapter 11 The Chamber, Buildings and Grounds". www.parliament.nz. New Zealand Parliament. 8 June 2017. Retrieved 2 February 2023.
- ^ Steeds, Bernard (May–June 2003). "Within the corridors of power". New Zealand Geographic. No. 63. Retrieved 2 February 2023.
- ^ Craymer, Lucy (23 August 2022). "Anti-government protesters gather outside New Zealand's parliament". Reuters. Retrieved 2 February 2023.
- ^ a b c d "Parliament Brief : What is Parliament?". New Zealand Parliament. 21 March 2014. Retrieved 2 July 2018.
- ^ "Bill of Rights 1688 No 2 (as at 26 March 2015), Imperial Act". Parliamentary Counsel Office. 16 December 1689. Retrieved 11 November 2018.
- ^ McIntyre, W. David (20 June 2012). "Self-government and independence – Crown Colony". Te Ara: The Encyclopedia of New Zealand. Retrieved 2 July 2018.
- ^ a b c d McIntyre, W. David (20 June 2012). "Self-government and independence – Constitution Act 1852". Te Ara: The Encyclopedia of New Zealand. Retrieved 2 July 2018.
- ^ a b c Martin, John E. (1 February 2015). "Parliament – Evolution of Parliament, 19th century". Te Ara: The Encyclopedia of New Zealand. Retrieved 2 July 2018.
- ISBN 978-0-304-93689-2.
- ^ a b Parliament, New Zealand (29 April 1986). Constitution Bill 1986. Parliamentary Debates (Hansard). p. 1345.
... to rename as 'Parliament' the body now known as the 'General Assembly'. 'Parliament' is the term popularly accepted and used.
- ^ a b "Legislative Council abolished". NZ History. Ministry for Culture and Heritage. Retrieved 18 October 2019.
- ^ a b c d e Martin, John E. (1 February 2015). "Parliament – Structural changes, 1890s to 1950s". Te Ara: The Encyclopedia of New Zealand. Retrieved 2 July 2018.
- ^ Palmer, Geoffrey. "The Constitutional Significance of the Abolition of the Legislative Council in 1950." The New Zealand Journal of Public and International Law 15, no. 1 (2017): 123–47.
- ^ a b "Legislative Council Chamber". New Zealand Parliament. Retrieved 17 August 2017.
- ^ McLintock, Alexander Hare, ed. (1966). "Constitutional History – The 1852 Constitution and Responsible Government". An Encyclopaedia of New Zealand. Retrieved 8 November 2019.
- ^ "Number of Electorates and Electoral Populations: 2013 Census". Statistics New Zealand.
- ^ McKinnon, Malcolm, ed. (1997). New Zealand Historical Atlas. David Bateman. Plate 90.
- ^ "New Zealand Constitution Amendement Act 1973" (PDF). New Zealand Legal Information Institute. 1973. Retrieved 15 February 2020.
The General Assembly shall have full power to make laws having effect in, or in respect of, New Zealand or any part thereof and laws having effect outside New Zealand.
- ^ a b "Constitution Act 1986". Parliamentary Counsel Office. 13 December 1986. Retrieved 11 November 2018.
- ^ "Parliamentary parties". New Zealand Parliament. December 2023. Retrieved 11 December 2023.
- ^ a b "Parliament becoming more family-friendly". New Zealand Parliament. 15 November 2017. Retrieved 18 September 2019.
- ^ a b Nissen, Wendyl (5 February 2019). "Babies and the Beehive: Trevor Mallard's big plans for a child-friendly Parliament". New Zealand Woman's Weekly. Retrieved 18 September 2019.
- ^ Walters, Laura (9 November 2017). "New Zealand's new baby-friend parliament". Stuff. Retrieved 18 September 2019.
- ^ Bramwell, Chris (5 June 2018). "First look: Parliament lawn to feature playground". Radio New Zealand. Retrieved 18 September 2019.
- ^ Malpass, Luke; Witton, Bridie (23 June 2022). "Parliament's grounds officially reopen after occupation, riot". Stuff. Retrieved 17 August 2022.
- ^ "Ties now optional in Parliament after Rawiri Waititi booted out for not wearing one". The New Zealand Herald. 10 February 2021. Archived from the original on 10 February 2021. Retrieved 10 February 2021.
- ^ .
- ^ a b "Glossary". ourconstitution.org.nz. Constitutional Advisory Panel. Archived from the original on 6 April 2017. Retrieved 2 July 2017.
- ^ "Electoral Act 1993 No 87 (as at 01 May 2017), Public Act 268 Restriction on amendment or repeal of certain provisions". legislation.govt.nz. New Zealand Legislation. Retrieved 2 July 2017.
- ^ "Chapter 2 The Basis of Parliamentary Procedure – New Zealand Parliament". New Zealand Parliament. Retrieved 20 May 2019.
- JSTOR 1096137.
- ^ Elizabeth II (24 October 1957), Oaths and Declarations Act 1957, 17, Wellington: Queen's Printer for New Zealand, retrieved 1 January 2010
- S2CID 154663945. Retrieved 1 July 2017.
- ^ "Number of Electorates and Electoral Populations: 2013 Census". Statistics New Zealand. 2013. Retrieved 1 July 2017.
- ^ "MPs and Electorates". New Zealand Parliament. Retrieved 26 May 2018.
- ^ a b "Role of Parliament". New Zealand Parliament. Retrieved 17 August 2017.
- ^ Wood & Rudd 2004, pp. 52–55.
- ^ a b Wilson 1985, p. 147.
- ^ "Ministers". Cabinet Manual. Department of the Prime Minister and Cabinet. Retrieved 18 September 2022.
- ^ a b c d "Opening of Parliament ceremonies on 8 and 9 December 2008". New Zealand Parliament. 5 December 2008. Retrieved 11 November 2018.
- ^ ISBN 9780958299718.
- ^ "Crown colony era – the Governor-General". Ministry for Culture and Heritage. 30 August 2012. Retrieved 13 October 2012.
- ^ "No. 21. — Charter for Erecting the Colony of New Zealand, and for Creating and Establishing a Legislative Council and an Executive Council, and for Granting Certain Powers and Authorities to the Governor for the Time Being of the Said Colony". Victoria University of Wellington. Retrieved 13 October 2012.
- ^ "Last meeting of the Legislative Council, 1950". Te Ara: The Encyclopedia of New Zealand. Retrieved 25 August 2017.
- ^ The New Zealand Legislative Council : A Study of the Establishment, Failure and Abolition of an Upper House, William Keith Jackson, University of Otago Press, page 200
- ^ Memoirs: 1912–1960, Sir John Marshall, Collins, 1984, 159–60
- ^ a b "Senate Bill: Report of Electoral Law Committee". 7 June 1994. Retrieved 23 May 2020.
- ^ "New Zealand Legislates for the 1993 Referendum on its Electoral System". Newsletter of the Proportional Representation Society of Australia (69). March 1993. Archived from the original on 6 July 2011.
- ^ "New Zealand Hansard: Tuesday, December 15, 1992 Electoral Reform Bill : Introduction". Archived from the original on 24 July 2011. Retrieved 5 June 2010.
- ^ Submission: Electoral Reform Bill (February 1993)
- ^ Luke Malpass; Oliver Marc Hartwich (24 March 2010). "Superseding MMP: Real Electoral Reform for New Zealand" (PDF). Centre for Independent Studies. Archived from the original (PDF) on 2 June 2010.
- ^ a b "Summoning, Proroguing and Dissolving Parliament". New Zealand Parliament. Retrieved 29 August 2019.
- ^ "Writ-ten in the stars". New Zealand Parliament. 23 August 2017. Archived from the original on 23 August 2017. Retrieved 11 November 2018.
- ^ Archive footage (1954) from British Pathé at YouTube
- ^ "State opening of Parliament, 1986". Te Ara: The Encyclopedia of New Zealand. Retrieved 21 May 2018.
- ^ "Display of royal memorabilia". New Zealand Parliament. 29 April 2011. Retrieved 12 November 2018.
During her first eagerly awaited tour over the summer of 1953–54 Parliament was summoned for a special short session in January to allow her to open Parliament and deliver the Speech from the Throne. She again opened a special session of Parliament in February 1963. She also opened Parliament in March 1970 and February 1974. In February 1977 she opened another special session at the same time as formally opening the Beehive (the Executive Wing). More recently she has opened Parliament in February 1986 and February 1990.
- ^ "Roles and regalia at the Opening of Parliament". New Zealand Parliament. 13 October 2014. Retrieved 11 November 2018.
- ^ a b c "Chapter 7 Parties and Government". New Zealand Parliament. 14 October 2010. Retrieved 23 November 2017.
- ISBN 978-0-86472-399-4.
- ISBN 978-0-19-558463-9.
- ^ "New Zealand Bill of Rights Act 1990 – The Legislation Design and Advisory Committee". New Zealand Legislation Design and Advisory Committee. Archived from the original on 21 April 2017. Retrieved 13 May 2017.
- ^ Patel, Nilay B. (Spring 2007). "Strengthening Section 7 of the New Zealand Bill of Rights Act" (PDF). Australasian Parliamentary Review. 22 (2): 59–71. Retrieved 13 February 2023.
Sources
- McRobie, Alan (1989). Electoral Atlas of New Zealand. Wellington, New Zealand: GP Books. ISBN 978-0-477-01384-0.
- Phillips, Jock, ed. (2014). Te Ara: The Encyclopedia of New Zealand. Retrieved 20 November 2020.
- Wilson, James Oakley (1985) [1st ed. published 1913]. New Zealand Parliamentary Record, 1840–1984 (4th ed.). Wellington, New Zealand: V.R. Ward, Govt. Printer. OCLC 154283103.
- Wood, G. A.; Rudd, Chris (2004). The Politics and Government of New Zealand: Robust, Innovative and Challenged. University of Otago Press. ISBN 1877276464.
External links
- New Zealand Parliament
- Introducing Parliament – A one-hour guide to how the New Zealand Parliament works
- Images from around Parliament Buildings
- Parliament Today
- Parliament at Radio New Zealand
- Digitised reports from selected volumes of the Appendix to the Journals of the House of Representatives