Constitution Act 1986

Constitution Act 1986
source
Short title	Constitution Act 1986
Long title	An Act to reform the constitutional law of New Zealand, to bring together into one enactment certain provisions of constitutional significance, and to provide that the New Zealand Constitution Act 1852 of the Parliament of the United Kingdom shall cease to have effect as part of the law of New Zealand
Citation	1986 No 114
Territorial extent	New Zealand
Enacted by	New Zealand Parliament
Royal assent	13 December 1986
Commenced	1 January 1987
Related legislation	New Zealand Constitution Act 1852, Statute of Westminster Adoption Act 1947, Imperial Laws Application Act 1988
Status	Current

Constitution Act 1986 is a pivotal statute within the uncodified constitution of New Zealand. It consolidated and modernized fundamental constitutional arrangements, formally ending the application of the New Zealand Constitution Act 1852 and clarifying the relationship between key branches of government. The Act is a cornerstone of the nation's legal framework, detailing the roles of the Sovereign, the Governor-General, the Executive Council, and the New Zealand Parliament.

Background and enactment

The impetus for the Act stemmed from a growing desire to patriate New Zealand's constitutional framework fully, moving beyond its colonial foundations under the Parliament of the United Kingdom. While the Statute of Westminster Adoption Act 1947 had granted full legal autonomy, the archaic New Zealand Constitution Act 1852 remained technically in force. The Fourth Labour Government, led by David Lange, pursued constitutional reform as part of a broader legislative agenda. The Act was drafted by officials including Sir Kenneth Keith and passed through the New Zealand House of Representatives with broad support, receiving Royal Assent in December 1986 and coming into force on 1 January 1987.

Provisions and key sections

The Act is structured in four parts. Part I deals with The Crown, affirming that the Sovereign in right of New Zealand is the Head of State and outlining the office and powers of the Governor-General. Part II covers the Executive Council, specifying its role in advising the Governor-General and its composition, including the Prime Minister. Part III addresses the New Zealand Parliament, defining it as consisting of the Sovereign and the House of Representatives. It also contains crucial provisions regarding the parliamentary term and the Speaker. Part IV contains miscellaneous provisions, including rules on the judges of the Supreme Court of New Zealand.

Relationship to other constitutional documents

The Act exists within a broader constellation of constitutional sources. It formally repealed the New Zealand Constitution Act 1852, severing a direct legislative link to the United Kingdom. It works in tandem with other vital statutes like the Electoral Act 1993, the New Zealand Bill of Rights Act 1990, and the Treaty of Waitangi Act 1975. The Imperial Laws Application Act 1988, passed shortly after, clarified which English and United Kingdom statutes remained in force. Together with key constitutional conventions, rulings from the Privy Council (prior to 2004), and the Cabinet Manual, the Act forms part of New Zealand's unwritten constitution.

Significance and constitutional role

The Act's primary significance is its role as a foundational consolidation of democratic governance. It provides the legal bedrock for the Westminster system in New Zealand, clearly separating the roles of the Head of State, the executive drawn from the House of Representatives, and the legislature. It reinforced New Zealand's status as an independent Commonwealth realm and is frequently cited in matters of state, such as the formation of governments following general elections and the granting of Royal Assent. Its provisions are central to the operations of the Beehive and Parliament House.

Amendment and reform

As a supreme law, the Act can be amended by a simple majority of the New Zealand Parliament, reflecting the principle of parliamentary sovereignty. Notable amendments include changes to the provisions regarding the Supreme Court of New Zealand in 2003. Debate about constitutional reform often involves the Act, with discussions focusing on potentially entrenching its provisions, codifying a fuller constitution, or reforming the role of the Crown. Such debates were examined by the Constitutional Advisory Panel and continue within academia, the Māori community, and political circles, including the Green Party and Te Pāti Māori.

Category:New Zealand constitution Category:New Zealand legislation Category:1986 in New Zealand law