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START |
New Zealand - New Constitution Act 1986 |
Herausgeber: Rechtsanwalt Möbius |
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Preamble |
German attorney at law |
Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
(1)
This Act may be cited as the Constitution Act 1986.
(2) This Act shall
come into force on the 1st day of January 1987.
(1) The Sovereign
in right of New Zealand is the head of State
(2) The Governor-General appointed by the Sovereign is the
Sovereign's representative in New Zealand.
(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.
(2) Every reference in any Act to the
Governor-General in Council or any other like expression includes a
reference to the Sovereign acting by and with the advice and consent of
the Executive Council
(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.
(2) Nothing in subsection (1)
of this section limits, in relation to any power of the Sovereign in right
of New Zealand, the authority of the Governor-General to exercise that
power.
(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.
(2) Every reference to the Sovereign in any document or
instrument in force on or after the commencement of this Act shall, unless
the context otherwise requires, be deemed to include a reference to the
Sovereign's heirs and successors.
(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.
(2) Notwithstanding subsection
(1) of this section,
(a) A person who is not a member of Parliament may
be appointed and may hold office as a member of the Executive Council or
as a Minister of the Crown if that person was a candidate for election at
the general election of members of the House of Representatives held
immediately preceding that person's appointment as a member of the
Executive Council or as a Minister of the Crown but shall vacate office at
the expiration of the period of 40 days beginning with the date of the
appointment unless, within that period, that person becomes a member of
Parliament; and
(b) Where a person who holds office both as a member of
Parliament and as a member of the Executive Council or as a Minister of
the Crown ceases to be a member of Parliament, that person may continue to
hold office as a member of the Executive Council or as a Minister of the
Crown until the expiration of the 28th day after the day on which that
person ceases to be a member of Parliament.
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.
(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.
(2) A Parliamentary Under-Secretary shall hold
office as such during the pleasure of the Governor-General, but shall in
every case vacate that office within 28 days of ceasing to be a member of
Parliament.
(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.
(2) Nothing in
subsection (1) of this section limits the authority of any Minister of the
Crown to exercise or perform personally any function, duty, or
power.
(3) The fact that any person holding office as a Parliamentary
Under-Secretary in respect of any Ministerial office purports to exercise
or perform any function, duty, or power of the Minister concerned shall be
conclusive evidence of that person's authority to do so.
(1)
There shall continue to be a House of Representatives for New
Zealand.
(2) The House of Representatives is the same body as the House
of Representatives referred to in section 32 of the New Zealand
Constitution Act 1852 of the Parliament of the United Kingdom.
(3) The
House of Representatives shall be regarded as always in existence,
notwithstanding that Parliament has been dissolved or has expired.
(4)
The House of Representatives shall have as its members those persons who
are elected from time to time in accordance with the provisions of the
Electoral Act 1956, and who shall be known as "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.
(2) The oath to be taken under this section
shall be administered by the Governor-General or a person authorised by
the Governor-General to administer that oath.
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.
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.
(1) There shall be a
Parliament
(2) The Parliament of New Zealand is the same body as
that which before the commencement of this Act was called the General
Assembly (as established by section 32 of the New Zealand Constitution Act
1852 of the Parliament of the United Kingdom) and which consisted of the
Governor-General and the House of Representatives.
(1) The Parliament of New Zealand continues to have full
power to make laws
(2) No Act of the
Parliament of the United Kingdom passed after the commencement of this Act
shall extend to New Zealand as part of its law.
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.
(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.
(2) Section 189 of the Electoral Act 1956 shall apply in
respect of subsection (1) of this section.
(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.
(2) The
Governor-General may by Proclamation prorogue or dissolve
Parliament.
(3) A Proclamation summoning, proroguing, or dissolving
Parliament shall be effective
(a) On being gazetted; or
(b) On being
publicly read, by some person authorised to do so by the Governor-General,
in the presence of the Clerk of the House of Representatives and 2 other
persons, whichever occurs first.
(4) Every Proclamation that takes
effect pursuant to subsection (3) (b) of this section shall be gazetted as
soon as practicable after it is publicly read.
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.
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.
The House of Representatives shall not pass any Bill
It shall not be lawful for the Crown, except by or
under an Act of Parliament,
(a) To levy a tax; or
(b) To raise a
loan or to receive any money as a loan from any person; or
(c) To spend
any public money.
A Judge of the High Court shall not be removed
The salary of a Judge of the High Court shall not be
reduced
(1) The Library heretofore known as the
General Assembly Library shall, as from the commencement of this Act, be
known as the Parliamentary Library.
(2) The officer heretofore known as
the Chief Librarian of the General Assembly Library shall be known, as
from the commencement of this Act, as the Parliamentary Librarian.
(3)
Subject to section 27 of this Act, all references to the General Assembly
Library or to the Chief Librarian of the General Assembly Library in any
other enactment or in any document whatsoever shall hereafter, unless the
context otherwise requires, be read as references to the Parliamentary
Library and to the Parliamentary Librarian respectively.
(1) As from the
commencement of this Act the following enactments of the Parliament of the
United Kingdom, namely,
(a) The New Zealand Constitution Act 1852 (15
and 16 Vict., c. 72); and
(b) The Statute of Westminster 1931 (22 Geo.
V, c. 4); and
(c) The New Zealand Constitution (Amendment) Act 1947 (11
Geo. VI, c. 4), shall cease to have effect as part of the law of New
Zealand.
(2) The provisions of sections 20, 20A, and 21 of the Acts
Interpretation Act 1924 shall apply with respect to the enactments
specified in subsection (1) of this section as if they were Acts of the
Parliament of New Zealand that had been repealed by that
subsection.
(3) Without limiting the provisions of subsection (2) of
this section, it is hereby declared that the effect of section 11 of the
Statute of Westminster 1931 (22 Geo. V, c. 4) (which section declared that
the expression "Colony" shall not, in any Act of the Parliament of the
United Kingdom passed after the commencement of the Statute of Westminster
1931, include a Dominion or any Province or State forming part of a
Dominion) shall not be affected by virtue of the Statute of Westminster
1931 ceasing, by virtue of subsection (1) of this section, to have effect
as part of the law of New Zealand.
The enactments specified in the First Schedule to
this Act are hereby amended in the manner indicated in that Schedule.
(1) The enactments
specified in the Second Schedule to this Act are hereby repealed.
(2)
The Regulations Amendment Act 1962 is hereby consequentially
repealed.
(3) Section 2 (2) of the Primary Products Marketing Amendment
Act 1977 is hereby consequentially repealed.
(4) Section 5 of the Civil
List Amendment Act 1985 is hereby consequentially repealed.
(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.
(2) As from the commencement of this Act, every
reference to the General Assembly or to the General Assembly of New
Zealand in any enactment passed before the date of commencement of this
Act and in any document executed before that date shall, unless the
context otherwise requires, be read as a reference to the Parliament of
New Zealand.
(3) Subsection (2) of this section shall not apply in
respect of the Acts Interpretation Act 1924.