Constitutions of Nations: Volume II — Asia, Australia and Oceania

998 Pages·1985·27.867 MB·English

by  Amos J. Peaslee (auth.)

CONSTITUTIONS OF NATIONS
REVISED FOURTH EDITION
CONSTITUTIONS
OF
NATIONS
VOLUME II -
ASIA, AUSTRALIA and OCEANIA
by
AMOS J. PEASLEE
**
REVISED FOURTH EDITION
Prepared by Dorothy Peaslee Xydis
~.
SPRINGER-SCIENCE+BUSINESS MEDIA, B.V. 1985 "
(Revised for volume 2)
Peaslee, Amos Jenkins, 1887-
Constitutions of nations.
Includes bibliographies.
Contents: v. 1. Africa-- v. 2. Asia, Australia, and
Ocean ia.
1. Constitutions. I. Xydis, Borothy Peaslee.
II. Title.
K3157.E5P4 1974 342' .023 75-305264
342.223
ISBN 978-90-247-2905-0 ISBN 978-94-017-1147-0 (eBook)
DOI 10.1007/978-94-017-1147-0
Copyright
© 1985 by Springer Science+Business Media Dordrecht
Originally published by Martinus NijhoffPublishers, Dordrecht in 1985
Softcover reprint ofthe hardcover lst edition 1985
All rights reserved. No part of this publication may be reproduced, stored in a
retrieval system, or transmitted in any form or by any means, mechanical,
photocopying, recording, or otherwise, without the prior written permission of
the publishers,
Springer-Science+Business Media, B.V.
VOLUME II - ASIA, AUSTRALIA, OCEANIA
811
NEW ZEALAND
SUMMARY
INTERNATIONAL STATUS
New Zealand is a member of the United Nations (October 24, 1945V It is a
constituent member of the Commonwealth of Nations and a member of other inter
national organizations. It ratified in 1978 the International Conventions on
Social, Economic and Cultural Rights and on Civil and Political Rights. It was a
member of the League of Nations.
New Zealand was first accorded international status at the Versailles Peace
Conference in 1919, pursuant to a request by the United Kingdom for separate
representation in the Assembly of the League of Nations for Australia, Canada,
New Zealand and the Union of South Africa. The Statute of Westminster, which
acknowledged the established fact that the Imperial Parliament could not legislate
for the Dominions except at their request, and freed the Dominion legislatures
from any territorial limits, was passed in 1931. Specific adoption legislature of the
Statute was taken by New Zealand in 1947.
New Zealand was inhabited by the Maoris, a Polynesian race, when it was dis
covered by Tasman in 1642. Captain Cook explored the coastline in 1769, and in
1792 occurred the first attempt at colonization. The town of Wellington was
founded by the first immigrants in January 1840. By the Treaty of Waitangi of
February 6, 1840, following the declaration of British sovereignty on January 29,
all sovereignty was ceded to the Queen of England and all territorial rights were
secured to the chiefs and their tribes. This applied to the North Island. Sovereignty
I New Zealand has accepted the compulsory jurisdiction of the International Court of 1 ustice
under Article 36 of its Statute.
812 New Zealand
over the South Island and Stewart Island was claimed by right of discovery. For a
year it was dependent on New South Wales until, on May 3, 1841, it was created a
separate colony. An Act granting representative institutions was passed by the
Imperial Parliament on June 30,1852. On September 26,1907, it received the title
of 'Dominion' in lieu of colony.
FORM OF NATIONAL GOVERNMENT
New Zealand is a monarchical state with a parliamentary form of government.
The constitutional documents are as follows:
1. New Zealand Constitution Act 1852 (UK) of June 30, 1852, amended 1947
and 1973.
2. Demise ofthe Crown Act of August 4,1908.
3. Judicature Act of August 4,1908, as amended to 1981.
4. Commissions of Inquiry Act of August 4, 1908, amended and consolidated to
1975.
5. Deputy Governor Powers Act of September 12, 1912.
6. Letters Patent relating to the Office of Governor General of April 17, 1919.
7. Statute of Westminster Adoption Act of November 25,1947.
8. Civil list Act of October 26, 1979.
9. Royal Titles Act of February 6, 1974.
10. Royal Powers Act of September 17, 1953.
11. Electoral Act of October 26,1956, amended to 1981.
12. Western Samoa Act of November 24,1961.
13. Cook Islands Constitution Act of November 17,1964, amended to 1981.
14. Nieue Constitution Act of August 29, 1974.
The source of sovereign power is not stated, except insofar as there are references
to the Crown in some of the Acts. By the Statute of Westminster Adoption Act, it
is provided that, in accordance with the established constitutional position of all
members of the Commonwealth in relation to one another, alterations in the laws
concerning the Crown require the assent of the Parliaments of the 'Dominions', and
that only the New Zealand Parliament can legislate for New Zealand. The Western
Samoa Act of 1961, provides for the independence of the former trust territory
of Western Samoa (see Samoa). The Cook Islands Constitution Act of 1964, and
the Nieue Constitution Act of 1974, provide for the self government of those places,
The Cook Islands have a sovereign Parliament of 24 elected members, a cabinet of
ministers, a High Commissioner appointed by the Governor General of New Zea
land who represents the Queen and the government of New Zealand. Nieue has an
Assembly of 20 elected members and a Speaker, a cabinet of Ministers; the Gover
nor General of New Zealand represents the Queen in relation to Nieue. There is a
High Court and Court of Appeal of the Cook Islands, and a High Court and Land
Court of Nieue. The other associated territories are the Arctic Ross Dependency
and the atolls of Tokelau.
New Zealand 813
RIGHTS OF THE PEOPLE
British laws and customs in respect of human rights prevail. There is no state
ment of rights in the constitutional documents except in the Constitution of the
Cook Islands, Part IV A of which, entitled Fundamental Human Rights and Free
doms, states that in the Cook Islands there exist and shall continue to exist the
rights, without discrimination, to life, liberty and security of the person, equality
before and protection of the law, the right to own property, freedom of thought,
conscience and religion, speech and expression, peaceful assembly and association.
Specifically forbidden are arbitrary detention, imprisonment or exile, cruel and
unusual treatment or punishment, or to deprive anyone of the right to a fair hear
ing, legal counsel, presumption of innocence until proved guilty, reasonable bail, or
conviction for offenses other than those legally prescribed when an offence is com·
mitted. It is also declared that every person has duties to others and is accordingly
subject to such limits in the exercise of his rights as the law imposes for the protec
tion of others and the general welfare and security.
LEGISLATIVE DEPARTMENT
Legislative authority is exercised by a unicameral Parliament or General Assem
bly, composed of the House of Representatives and the Governor Genera!'! The
House of Representatives is composed of one member per electoral district; the
number of these is determined by a system relating the number in the North Island
to the 25 districts in the South Island in relation to the popUlation as shown after
each census (in 1981 92).2 There are also four Maori electoral districts and Maori
voters may choose to be registered either as an elector of a Maori electoral district
or of a General electoral district? There is universal adult suffrage for residents
regardless of nationality, and compulsory registration as an elector.4 The term of
Parliament is three years subject to dissolution.s Qualifications and incompatibil
ities for membership are provided.6 There are provisions relating to financial
matters.7 The maintenance of Maori laws, customs and usages is prescribed.s It is
specifically provided that the New Zealand legislature has the right to change in any
way the New Zealand Constitution Act.9
Const. Act, Art. 32.
1
'Electoral Act, Art. 11, 16, 39.
3Id., Art. 41.
• Id., Art. 43.
sId., Art. 12.
6Id., Art. 25 -31.
'Civil List Act. Const. Act, 61, 64-66.
'Const. Act, Art. 71.
9 Const. Arndt. Acts.
814 New Zealand
EXECUTIVE DEPARTMENT
The Monarch is represented in New Zealand by a Governor General, Commander
in-Chief, with customary powers to summon and dissolve Parliament, make appoint
ments, grant honors, grant pardons. 10 He acts on the advice of Ministers and Parlia
mentary Under-Secretaries who must be members of Parliaments.ll The powers
conferred on the Governor General are royal powers and exercisable either by
him or by the sovereign.12 There is provision for a Deputy Governor to exercise
the powers of the Governor General during the latter's temporary absence.13 The
Executive Council consists of all Ministers and is presided over by the Governor
General. It is one of the instruments for giving the imprint of legal form to policy
determined by the Cabinet, which mayor may not comprise all Ministers and of
which the Governor General is not a member.
JUDICIAL DEPARTMENT
The Judicature Act 1908, as frequently amended, makes provision for a High
Court which is a Court of Record, composed of a Chief Justice and 26 other judges
appointed by the Governor General.14 It contains detailed provisions regarding its
jurisdiction, officers and their powers, and procedure .15 The Act provides for a
Court of Appeal composed of the Chief Justice, a Judge of the High Court appoint
ed by the Governor General as President of the Court of Appeal and four other
Judges of the High Court.16 Proceedings in the High Court may be removed to the
Court of Appeal whose decisions are final, provided that leave may be given by the
Court of Appeal to appeal to the Privy Council (of the United Kingdom).1 7
There is provision for Commissions of Inquiry to examine the administration of
the government and the conduct of officials, the working of or necessity for legisla
tion, and to inquire into disasters and accidents; its members are appointed by the
Governor General and have the power and status of magistrates.ls
The Supreme Court has authority to try petitions concerning contested e1ec
tions.19
IOConst. Act, Art. 32; Letters Patent re Governor General.
11 Civil List Atc, Art. 9-12.
12 R. Powers Act.
13 Dep. Gov. Powers Act.
14 Juidc. Act., Art. 3,4.
15Id., Art. 15-560.
16 Id., Art. 57.
17 Id., Art. 64, 65.
11 Comm. of Inquiry Act.
19 Electoral Act, Art. 161.
New Zealand 815
AREA, POPULATION, ETC.
The area of New Zealand is 269,057 square kilometres, its population (1982
estima te) 3,190,100. The Cook Islands have an area of 234 square kilometres and
a population (1981 census) of 17,695; Nieue's area is 259 square kilometres, its
population (1981 census), 3.298; the Ross Dependency's area is 730,000 square
kilometres (400,000 land and 330,000 ice shelf) with no population; Tokelau's
area is 12 square kilometres, its population 1,615. The languages are English and
Maori. The Cook Islands Constitution Act and the Nieue Constitution Act stipulate
that debates in the Parliament and Assembly, respectively shall be in Maori and also
in English for the Cook Islands, in the Nieuean language or the English language for
Nieue. The capital is Wellington.