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Adopted on: { Editor's Note:
[Part 0 Short Title and Commencement]
Section
1 Short
Title and commencement
(1) This Act may be cited
as the Constitution Act 1986. Part I The Sovereign
Section
2 Head
of State
(1) The Sovereign in right
of New Zealand is the head of State of New Zealand, and shall be known by the
royal style and titles proclaimed from time to time. Section
3 Exercise
of royal powers by the Sovereign or the Governor-General
(1) Every power conferred
on the Governor-General by or under any Act is a royal power which is
exercisable by the Governor-General on behalf of the Sovereign, and may
accordingly be exercised either by the Sovereign in person or by the
Governor-General. Section 3A Advice and consent of
Executive Council
(1) The Sovereign or the
Governor-General may perform a function or duty, or exercise a power, on the
advice and with the consent of the Executive Council if that advice and
consent are given at a meeting of the Executive Council at which neither the
Sovereign nor the Governor-General is present if the Sovereign or the
Governor-General is prevented from attending the meeting by some necessary or
reasonable cause. Section 3B Exercise
of powers and duties by Administrator
(1) The Administrator of
the Government may perform a function or duty imposed on the
Governor-General, or exercise a power conferred on the Governor-General, if-- Section
4 Regency
(1) Where, under the law
of the United Kingdom, the royal functions are being performed in the same
and on behalf of the Sovereign by a Regent, the royal functions of the
Sovereign in right of New Zealand shall be performed in the name and on
behalf of the Sovereign by that Regent. Section
5 Demise
of the Crown
(1) The death of the
Sovereign shall have the effect of transferring all the functions, duties,
powers, authorities, rights, privileges, and dignities belonging to the Crown
to the Sovereign's successor, as determined in accordance with the enactment
of the Parliament of England intituled The Act of
Settlement (12 & 13 Will. 3, c. 2) and any other law relating to the succession
to the Throne, but shall otherwise have no effect in law for any purpose. Part II The Executive
Section
6 Ministers
of Crown to be members of Parliament
(1) A person may be
appointed and may hold office as a member of the Executive Council or as a
Minister of the Crown only if that person is a member of Parliament. Section
7 Power
of member of Executive Council to exercise Minister's powers
Any function, duty, or
power exercisable by or conferred on any Minister of the Crown (by whatever designation
that Minister is known) may, unless the context otherwise requires, be
exercised or performed by any member of the Executive Council. Section
8 Appointment
of Parliamentary Under-Secretaries
(1) The Governor-General
may from time to time, by warrant under the Governor-General's hand, appoint
any member of Parliament to be a Parliamentary Under-Secretary in relation to
such Ministerial office or offices as are specified in that behalf in the
warrant of appointment. Section
9 Functions
of Parliamentary Under-Secretaries
(1) A Parliamentary
Under-Secretary holding office as such in respect of any Ministerial office
shall have and may exercise or perform under the direction of the Minister
concerned such of the functions, duties, and powers of the Minister of the
Crown for the time being holding that office as may from time to time be
assigned to the Parliamentary Under-Secretary by that Minister. Section 9A Solicitor-General
may perform functions of Attorney-General
The Solicitor-General may
perform a function or duty imposed, or exercise a power conferred, on the
Attorney-General. Section 9B Appointment
of person to act in place of Solicitor-General
(1)The Governor-General
may appoint a barrister or solicitor of at least 7 years' practice to act-- Section 9C Delegation
of powers of Attorney-General and Solicitor-General
(1) The Solicitor-General
may, with the written consent of the Attorney-General, in writing delegate to
a Deputy Solicitor-General, any of the functions or duties imposed, or powers
conferred, on the Attorney-General. Part III
The
Legislature
[Chapter
1] The House of Representatives
Section
10 House
of Representatives
(1) There shall continue
to be a House of Representatives for Section
11 Oath
of allegiance to be taken by members of Parliament
(1) A member of Parliament
shall not be permitted to sit or vote in the House of Representatives until
that member has taken the Oath of Allegiance in the form prescribed in
section 17 of the Oaths and Declarations Act 1957. Section
12 Election
of Speaker
The House of
Representatives shall, at its first meeting after any general election of its
members, and immediately on its first meeting after any vacancy occurs in the
office of Speaker, choose one of its members as its Speaker, and every such
choice shall be effective on being confirmed by the Governor-General. Section
13 Speaker
to continue in office notwithstanding dissolution or expiration of Parliament
A person who is in office
as Speaker immediately before the dissolution or expiration of Parliament
shall, notwithstanding that dissolution or expiration, continue in office
until the close of polling day at the next general election unless that
person sooner vacates office as Speaker. [Chapter
2] Parliament
Section
14 Parliament
(1) There shall be a
Parliament of New Zealand, which shall consist of the Sovereign in right of Section
15 Power
of Parliament to make laws
(1) The Parliament of Section
16 Royal
assent to Bills
A Bill passed by the House
of Representatives shall become law when the Sovereign or the
Governor-General assents to it and signs it in token of such assent. Section
17 Term
of Parliament
(1) The term of Parliament
shall, unless Parliament is sooner dissolved, be 3 years from the day fixed
for the return of the writs issued for the last preceding general election of
members of the House of Representatives, and no longer. Section
18 Summoning,
proroguing, and dissolution of Parliament
(1) The Governor-General
may be Proclamation summon Parliament to meet at such place and time as may
be appointed therein, notwithstanding that when the Proclamation is signed or
when it takes effect Parliament stands prorogued to a particular date. Section
19 First
meeting of Parliament after general election
After any general election
of members of the House of Representatives, Parliament shall meet not later
than 6 weeks after the day fixed for the return of the writs for that
election. Section
20 Carrying
over of Parliamentary business
Where the House of
Representatives resolves that any Bill, petition, or other business before it
or any of its committees be carried over to the next session of Parliament
(whether the same Parliament or not), that Bill, petition, or other business
shall not lapse upon the prorogation or dissolution or expiration of the
Parliament in being when that resolution is passed but shall be carried over
accordingly. [Chapter
3] Parliament and Public Finance
Section
21 Bills
appropriating public money
The House of
Representatives shall not pass any Bill providing for the appropriation of
public money or for the imposition of any charge upon the public revenue
unless the making of that appropriation or the imposition of that charge has
been recommended to the House of Representatives by the Crown. Section
22 Parliamentary
control of public finance
It shall not be lawful for
the Crown, except by or under an Act of Parliament, Part IV The Judiciary
Section
23 Protection
of Judges against removal from office
A Judge of the High Court
shall not be removed from office except by the Sovereign or the
Governor-General, acting upon an address of the House of Representatives,
which address may be moved only on the grounds of that Judge's misbehaviour or of that Judge's incapacity to discharge
the functions of that Judge's office. Section
24 Salaries
of Judges not to be reduced
The salary of a Judge of
the High Court shall not be reduced during the continuance of the Judge's
commission. Part V
Miscellaneous Provisions
Section
25 General
Assembly Library to be known as the Parliamentary Library
(1) The Library heretofore
known as the General Assembly Library shall, as from the commencement of this
Act, be known as the Parliamentary Library. Section
26 United
Kingdom enactments ceasing to have effect as part of the law of New Zealand
(1) As from the commencement
of this Act the following enactments of the Parliament of the United Kingdom,
namely, Section
27 Consequential
amendments to other enactments
The enactments specified
in the First Schedule to this Act are hereby amended in the manner indicated
in that Schedule. Section
28 Repeals
(1) The enactments
specified in the Second Schedule to this Act are hereby repealed. Section
29 Transitional
and consequential provisions relating to Parliament
(1) The Parliament in
being at the commencement of this Act (before the commencement of this Act
called the General Assembly) shall continue in accordance with and subject to
the provisions of this Act. © 1994 - 14. Feb.
2004 / For corrections please contact A. Tschentscher. |