The Act first recognises that the Queen - the Sovereign in right of New Zealand - is the Head of State of New Zealand, and that the Governor-General appointed by her is her representative in New Zealand. No legislation may permit arbitrary evictions. To the extent that the legislation may limit a right in this section, the limitation must comply with the general provisions of this Constitution and of the Universal Declaration of Human Rights. iii) Non-partisan departments shall be administered by these same Commissions which are established by and answerable not to Government, but to Parliament as a whole. Government to set clear laws for use of natural resources. This would be acceptable for a husband and wife . Any person not imprisoned nor insane can nominate someone to a State Commissioners position and such nominations shall not be arbitrarily ignored or refused. Article 18 . Learn. Equal protection; discrimination. The Commission must further compile the reports and rulings of the High court and present them as required to authorised parties. i) Any criminal later seeking release on the basis of having demonstrated an overwhelming change of attitude must produce proof in terms of conduct such as achievement of useful education, compassionate work on behalf of others, long-term religious conversion etc and not merely passive good behaviour during the term of imprisonment. In theory, many parts of the constitution can be amended by legislation passed by a simple majority of the Members of Parliament. Similarly, Standing Orders provide that an entrenched provision should be adopted by the House only by the vote which would be required for the amendment or repeal of the provision being entrenched. [47], To give effect to the 1926 conference declarations, the Statute of Westminster 1931 was passed thus lifting the restrictions created by the Colonial Laws Validity Act 1865. Removal of Member of Parliament. If a judicial review approves of that Members dismissal, the Member must then appear before a special hearing of Parliament. Because New Zealand's constitution is not all set out in one document, and much of it is found in practices and the common law, it's known as an 'unwritten constitution'. The underlying principle is democracy, with political power exercised through a democratically elected parliament this is often stated as "The Queen reigns but the government rules so long as it has the support of the House of Representatives. The Queen or Governor-General appoints and dismisses members of the Executive Council and Ministers of the Crown. [17][18] It establishes that New Zealand is a constitutional monarchy, that it has a parliamentary system of government, and that it is a representative democracy. e) The ruling monarch of England is recognised as having great symbolic importance to Aotearoa-New Zealand, as does this nations historic association with the British Commonwealth. Wages and conditions for essential services shall be set by the State Sector Employment Commission after honest negotiation with freely elected representatives of each profession and shall have the right to bargain collectively with their employer concerning conditions of their employment, compensation, hours, working conditions, retirement, pensions, and other aspects of employment except promotions which will be determined by competitive examination and performance on the basis of merit, efficiency and fitness; and they shall have the right 30 days after commencement of such bargaining to submit any unresolved disputes to binding arbitration for the resolution thereof the same as now provided by law. The answer cannot always lie with simple majority decision-making. Coat of Arms of New Zealand. 3) Parliament shall provide for an assessment against convicted defendants to recompense their crime victims for material, psychological or emotional losses. We invite New Zealanders who have expertise or knowledge in Common Law, Constitutional Law, British legal history and New Zealand culture, from bothMaori and British origins, to subscribe on this website and contribute totheauthorship of a simple but robust constitutional document. The Rules of Racing set out the rules governing all New Zealand Rowing Regattas. The Cabinet, which is responsible to Parliament, exercises executive authority. Electoral Commission may bar candidates. The Government shall establish and fund the formation and maintenance of the State Commission for Security Intelligence according to the rules for State Commissions outlined in Section six, Article 37 of this Constitution.. 2) State Commission for Security Intelligence, role, composition, powers and duties of. If a continuation of the State of Emergency past a total period of 30 days is likely, the Commission of Inquiry must issue an interim recommendation as to the validity of a continuation of the State of Emergency before the 29th day of the State of emergency. Wherever any controllable activity raises threats of significant change to the environment or human health, precautionary measures shall be taken even if some relationships between cause and effect are not fully established scientifically. 13 These links could be reformed without changing New Zealand's constitution in any fundamental way. c) Each individual candidates ranking on a party list for proportional representation in an election must be based solely on the proportion of votes gained in a free ballot of all relevant members. f) The right to discuss the case with the prosecution. Nothing in this section shall override other provisions of the Bill of Rights. Accordingly, from the date of the enactment of this Constitution the nation shall be known at all times and in all places as Aotearoa-New Zealand, being a recognition of the people who came both before and after the original inhabitants. Each Ombudsman is appointed for an initial period of one year, after which the State Ombudsmen Selection Commission shall examine his or her performance at a public hearing. Power of appointment to public office. The current constitution was adopted at the Rowing New Zealand AGM on 20th May 2017. You are able to have a company without a constitution and to rely instead on the constitution in the first three schedules of the COMPANIES ACT 1993, which will then automatically apply to your company. All applications must be duly recorded and processed in the order in which they arrive. a) The tendering system referred to above shall be fair, public and competitive, and tender boards shall on request give reasons for their decisions to interested parties. Article 15 . As in many countries with a heritage of British-style government, our constitution is spread across a range of formal documents, decisions and conventions. Over recent decades the processes of government have become more open. All such hearings must be in chambers, and, unless the judge rules otherwise, in secret. Several new provinces were then created by the New Zealand Parliament. All activities of Parliament and Government must be enacted for the overall good of the people. 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. a) The Security Intelligence Service shall never operate against citizens of Aotearoa-New Zealand except as prescribed by law and authorised in this Constitution. 18 Freedom of movement. That house shall enter such objections in full in its record and reconsider the bill. Under the Imperial Laws Application Act 1988, however, the Act of Settlement is deemed a New Zealand Act, which may be amended only by the New Zealand Parliament. 13 Freedom of thought, conscience, and religion. 3) Removal or suspension of officers; grounds, report. The procurement of goods and services for any level of government shall be regulated by an Act of Parliament and local body laws, which shall make provision for the appointment of independent and impartial tender boards to deal with such procurements. No judge of the law courts, or person holding any senior office, employment or position in the State sector may be a Member of Parliament. Candidates are not required to be present during the vote or votes. c) Where Parliament agrees to the ratification of or accession to an international agreement, such international agreement shall be binding on the nation and shall form part of the law of the nation, provided Parliament expressly so provides and such agreement is not repugnant to this Constitution. Every person has duties to the community in which alone the free and full development of his personality is possible. Appeal Court judges must be appointed individually. Article 23 . They must be formed, maintained and disbanded by three-quarters majority of Parliament. d) Any decision by the Court of Appeal may be appealed before the International Court of Appeal. b) Any decision by the District Court may be appealed before the High Court. Referendums on constitutional issues in New Zealand (outcome in bold):[61], A poll by TVNZ in 2004 found 82% of those surveyed thought New Zealand should have a "written constitution". The size of the Commission will be sufficient to complete its duties not later than one full year prior to the next mandatory date for the next general election. Not local body may override decisions made by Parliament which are consistent with this Constitution. [9], After decades of self-governance, New Zealand gained full statutory independence from Britain in 1947. 5) Restriction on monies spent and allocation of State funding. This Constitution acknowledges that the process of law often favours the side with the greater resources. Article 3 . Foundations of our form of government | Governor-General. This was expanded by the English Laws Act of 1858, which extended it to all English statutes in existence as at 14 January 1840;[45] specifically the Bill of Rights 1689, and Habeas Corpus. 1. After a period of not less than one year, the C category risk criminal may apply to the High Court for a complete discharge. The King appoints the Governor-General, on the advice of New Zealand's Prime Minister and usually for a term of five years. b) The civil, social, economic and political rights, privileges and capacities of no person shall be diminished or enlarged on account of his or her religious belief. Palmer stresses that the present constitution is "dangerously incomplete, obscure, fragmentary and far too flexible . 1) State Civil Rights Commission; appointment and composition. d) The rules of customary international law binding on the nation, shall, unless repugnant to this Constitution, form part of the law of the nation. The head of State must take all reasonable steps to end the crisis promptly and with a minimum of unwarranted disturbance of the lives and liberties of the populace. Election of Members of Parliament. It is one of the longest continuously-operating parliaments in the world. Government must enact laws to enforce this principle. Legislators; qualifications, removal from district. The accrued financial benefits of each pension plan and retirement system of the State and its political subdivisions shall be a contractual obligation thereof which shall not be diminished or impaired thereby. The Government of the day may establish committees and Parliament may create joint committees between parties as necessary for the efficient conduct of its business. Candidates for the position of National Commissioner must have a minimum of ten years background in law enforcement (or have demonstrated exceptional skills in this area over a lessor period of time), be persons of good character and be able to demonstrate a history of effective and compassionate conduct in their area of specialisation. If a criminal is classified as a C category risk, he or she must live and work where directed, and must undergo such counselling and treatment as directed by the authority charged with his or her care. The Parliament of the United Kingdom could still pass laws at the request of the New Zealand Parliament. e) That the investigation into the affairs of the applicant be ceased forthwith. One justice of the High Court shall be selected by the other judges of the Court as its Chief Justice and this appointment must then be confirmed or denied by the State Judicial Selection Commission. The Broadcasting Standards Enforcement Authority shall be given adequate funding to fulfil its role. Article 14 . Any person assisting in the conspiracy to pervert the course of justice who was not the original defendant shall receive the reasonable lawful penalty for conspiracy to pervert the course of justice. The New Zealand constitution is uncodified and is to be found in formal legal documents, in decisions of the courts, and in practices (some of which are described as conventions). Government shall also include local government. Aotearoa-New Zealand Reserve Bank. Judges in New Zealand are appointed by the Government. 4) International law; rights and obligations. Where that support is unclear, the Governor-General relies on the elected representatives in the House, and especially the party leaders, to clarify by way of public statement whether a party or grouping of parties has the support of the House to govern, or whether fresh elections will be required. Library, for the purposes of this Constitution, shall mean places, whether physical, electronic or otherwise, specifically designed for the provision of free and readily-accessible information from and for all relevant cultures, freshly maintained and made widely available for the public. 13) To reach their full potential as human beings. No Government shall make trading arrangements nor join in international agreements which effectively reduce this nations independence and dominion over its people or assets. Judicial power in court of justice; divisions. Learn. Created by. CONTENTS . b) confidential information regarding an ongoing criminal investigation. New Zealand Labour Party Incorporated Constitution and Rules 2019 As adopted at Annual Conference, 30 November 2019 . Busby convened the Confederation of Chiefs of the United Tribes of New Zealand, which adopted the Declaration of Independence of New Zealand at Waitangi in 1835. The Constitution Act 1986 is the principal formal statement of New Zealand's constitutional arrangements. 2) Parliament shall provide by law for the enforcement of this section. b) If the Auditor-General is absent or unable to exercise and perform his or her powers and functions, or if the office of Auditor-General is vacant, the highest ranking member of the Auditor-Generals staff shall act as Auditor-General until the vacancy is filled, and shall for that purpose have all the powers and functions of the Auditor-General. At the request of the New Zealand Parliament, Westminster passed the New Zealand Constitution (Amendment) Act 1947 to grant the New Zealand Parliament full sovereign powers to amend or repeal the New Zealand Constitution Act 1852. Article 10 . Article 11 . d) Whenever the Auditor-General or a person appointed in terms of this section exercises or performs his or her powers and functions in terms of this Constitution, he or she shall have access to all books, records (both physical and electronic) and other documents and information relating to the accounts and financial statements referred to in this section. Any city or town may acquire, own, establish and maintain, within or without its district boundaries, parks, boulevards, cemeteries, hospitals and all works which involve the public health or safety. 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. (b) provide for the establishment and maintenance of uniform standards of policing at all levels regarding-. generally accepted practices or conventions. State Commissions must act without fear or favour; no State Commission may carry out a task which is conflict with the principles of this Constitution, 3) State Commissioners; protection from removal. b) By Act of Parliament in which three quarters of elected Members of Parliament vote in favour of the motion after careful, public examination of the judge concerned. If either Parliament or the Select Committee is still unable to agree, the Governor General shall apply to the High Court for a judicial ruling on the composition of either the Select Committee or the suitability of any State Commission member or members. But, as a matter of convention, they do so only on the advice of the Prime Minister or Ministers who have the support of the House of Representatives - that is, on the advice of those who are elected by the New Zealand voters, and who belong to a party which has a majority in the House; or who are part of a coalition which has a majority; or who, as a minority, are accepted by the House as able to sit on the Treasury benches.
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