Monarchy of New Zealand

Queen of New Zealand
Monarchy
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Royal Coat of Arms of New Zealand
Queen Elizabeth II of New Zealand.jpg
Incumbent:
Elizabeth II
Style: Her Majesty
Heir apparent: Charles, Prince of Wales
First monarch: Edward VII
Formation: 26 September 1907
New Zealand

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The monarchy of New Zealand – also referred to as The Crown in Right of New Zealand, Her Majesty in Right of New Zealand, or The Queen in Right of New Zealand – is the constitutional system of government in which a hereditary monarch is the sovereign and head of state of the Realm of New Zealand,[1][2] forming the core of the country's Westminster-style parliamentary democracy. The Crown is thus the foundation of the executive, legislative, and judicial branches of the New Zealand government.[3]

While Royal Assent and the royal sign-manual are required to enact laws, letters patent, and Orders-in-Council, the authority for these acts stems from the New Zealand populace,[4] and, within the conventional stipulations of constitutional monarchy, the sovereign's direct participation in any of these areas of governance is limited, with most related powers entrusted for exercise by the elected parliamentarians, the ministers of the Crown generally drawn from amongst them, and the judges and Justices of the Peace.

The New Zealand monarchy has its roots in the British crown, from which it has evolved over numerous centuries to become a distinctly New Zealand institution, represented by unique symbols. The New Zealand monarch – since 6 February 1952, Elizabeth II – is today shared equally with fifteen other countries within the Commonwealth of Nations, all being independent and the monarchy of each legally distinct. For New Zealand, the monarch is officially titled Queen of New Zealand, and she, her consort, and other members of the New Zealand Royal Family undertake various public and private functions across New Zealand and on behalf of the country abroad. However, the Queen is the only member of the Royal Family with any constitutional role. While several powers are the sovereign's alone, because she lives predominantly in the United Kingdom, most of the royal constitutional and ceremonial duties in New Zealand and Niue are carried out by the Queen's viceroy, the Governor-General and the Queen's Representative in The Cook Islands.[5] As the territories of the Realm of New Zealand are not sovereign, they do not have a viceregal representation.

Contents

International and domestic aspects

Further information: Commonwealth realm > Relationship of the realms

New Zealand shares the same monarch with each of 15 monarchies in the 54-member Commonwealth of Nations, a grouping known informally as the Commonwealth realms. The emergence of this arrangement paralleled the evolution of New Zealand nationalism following the end of the First World War and culminated in the passage of the Statute of Westminster Adoption Act in 1947, since when the pan-national Crown has had both a shared and separate character,[6] and the sovereign's role as monarch of New Zealand has been distinct to his or her position as monarch of the United Kingdom.[1] The monarchy thus ceased to be an exclusively British institution, and in New Zealand became a New Zealand establishment, though it is still often misnomered as "British" in both legal and common language, for reasons historical, political, and of convenience; this conflicts with not only the government's recognition and promotion of a distinctly New Zealand Crown, but also the sovereign's distinct New Zealand title.

Effective with the Constitution Act 1986, no British or other realm government can advise the sovereign on any matters pertinent to New Zealand, meaning that on all matters of the New Zealand state, the monarch is advised solely by New Zealand Ministers of the Crown.[7] As the monarch lives predominantly outside of New Zealand, one of the most important of these state duties carried out on the advice of the Prime Minister of New Zealand is the appointment of the viceroy, who is titled as Governor-General, and performs most of the Queen's domestic duties in her absence.[8][9][10] All royal powers in New Zealand may be carried out by both the monarch and Governor-General, and, in New Zealand law, the offices of monarch and Governor-General are fully interchangeable, mention of one always simultaneously including the other.[11]

The sovereign similarly only draws from New Zealand coffers for support in the performance of her duties when in New Zealand or acting as Queen of New Zealand abroad; New Zealanders do not pay any money to the Queen or any other member of the Royal Family, either towards personal income or to support royal residences outside of New Zealand. Normally, tax dollars pay only for the costs associated with the Governor-General and Queen's Representative as instruments of the Queen's authority, including travel, security, residences, offices, ceremonies, and the like. In the 2009 Budget, the total cost of supporting the Governor-General was $3.6 million for services and maintenance of residences, $15.2 million on Government House capital investment – principally the conservation of Government House, Wellington – and a total of just over $1.2 million for the salary, personal allowance, and travel expenses of the Governor-General.[12]

Succession

Succession is by male-preference primogeniture governed by both the Act of Settlement 1701, and Bill of Rights 1689, legislation that limits the succession to the natural (i.e. non-adopted), legitimate descendants of Sophia, Electress of Hanover, and stipulates that the monarch cannot be a Roman Catholic, nor married to one, and must be in communion with the Church of England upon ascending the throne. Though, via adopting the Statute of Westminster and the Imperial Laws Application Act 1988, these constitutional documents as they apply to New Zealand now lie within the full control of the New Zealand parliament,[13] New Zealand also agreed not to change its rules of succession without the unanimous consent of the other realms, unless explicitly leaving the shared monarchy relationship; a situation that applies symmetrically in all the other realms, including the United Kingdom, and has been likened to a treaty amongst these countries.[14] Thus, New Zealand's line of succession remains identical to that of the United Kingdom. As such, the rules for succession are not fixed, but may be changed by a constitutional amendment; in December 2009, Prime Minister John Key expressed his support for proposed removal of male-preference primogeniture and anti-Catholic provisions in the succession laws.[15] The Constitution Act 1986 specifies that should a regent be installed in the United Kingdom, that individual will carry out the functions of the monarch of New Zealand.[16]

Charles, Prince of Wales, is the heir apparent to the New Zealand throne.

Upon a demise of the Crown (the death or abdication of a sovereign), the late sovereign's heir immediately and automatically succeeds, without any need for confirmation or further ceremony – hence arises the phrase "The King is dead. Long live the King!." It is customary, though, for the accession of the new monarch to be publicly proclaimed by the Governor-General on behalf of the Executive Council of New Zealand. Following an appropriate period of mourning, the monarch is also crowned in the United Kingdom in an ancient ritual, but one not necessary for a sovereign to reign.[n 1] Other than a transfer of all royal powers and functions to the new monarch from his or her predecessor, no other law or office is affected, as all references in legislation to previous monarchs, whether in the masculine (e.g. His Majesty) or feminine (e.g. the Queen), continue to mean the reigning sovereign of New Zealand.[17] After an individual ascends the throne, he or she typically continues to reign until death, being unable to unilaterally abdicate per the tenets of constitutional monarchy.[n 2]

Title

One of the first post-Second World War examples of New Zealand's status as an independent monarchy was the alteration of the monarch's title by the Royal Titles Act 1953. For the first time, the official New Zealand title mentioned New Zealand separately from the United Kingdom and the other realms, to highlight the monarch's role specifically as Queen of New Zealand, as well as the shared aspect of the Crown throughout the realms; the title at that time was: "Elizabeth II, by the Grace of God of the United Kingdom, New Zealand and Her Other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith". Since the passage of the Royal Titles Act 1974, the monarch's title in New Zealand has been Elizabeth the Second, by the Grace of God Queen of New Zealand and Her Other Realms and Territories, Head of the Commonwealth, Defender of the Faith.

Although the Queen's New Zealand title includes the phrase Defender of the Faith, neither the Queen nor the Governor-General has any religious role in New Zealand; there has never been an established church in the country. This is one of the key differences from the Queen's role in England, where she is Supreme Governor of the Church of England.

Representation of the state

As the living embodiment of the Crown, the sovereign is regarded as the personification, or legal personality, of the New Zealand state,[7] with the state therefore referred to as Her Majesty The Queen in Right of New Zealand,[n 3][18] or The Crown. As such, the monarch is the employer of all government staff (including the viceroys, judges, members of the New Zealand Defence Force, police officers, and parliamentarians), the guardian of foster children (Crown wards), as well as the owner of all state lands (Crown land), buildings and equipment (Crown held property), state owned companies (Crown entities),[19] and the copyright for all government publications (Crown copyright). This is all in his or her position as sovereign, and not as an individual; all such property is held by the Crown in perpetuity and cannot be sold by the sovereign without the proper advice and consent of his or her ministers.

As the embodiment of the state, the monarch tops the New Zealand order of precedence, and is also the locus of oaths of allegiance,[20] required of many employees of the Crown,[21] as well as by new citizens, as per the Oath of Citizenship laid out in the Citizenship Act. This is done in reciprocation to the sovereign's Coronation Oath, wherein he or she promises "to govern the Peoples of... New Zealand... according to their respective laws and customs."[22]

Constitutional role

New Zealand's constitution is made up of a variety of statutes and conventions that are either British or New Zealand in origin,[13] and together give New Zealand a parliamentary system of government wherein the role of the Queen is both legal and practical. The Crown is regarded as a corporation, with the sovereign, in the position of head of state,[2] as the centre of a construct in which the power of the whole is shared by multiple institutions of government acting under the sovereign's authority.[23] Though this power stems from the people, all New Zealanders live under the authority of the monarch.

The vast powers that belong to the Crown are collectively known as the Royal Prerogative,[10] the exercise of which does not require parliamentary approval, though it is not unlimited; for example, the monarch does not have the prerogative to impose and collect new taxes without the authorization of an Act of Parliament. The consent of the Crown must, however, be obtained before either of the houses of parliament may even debate a bill affecting the sovereign's prerogatives or interests, and no act of parliament binds the Queen or her rights unless the act states that it does.

Executive

The government of New Zealand is defined by the constitution as the Queen acting on the advice of her Executive Council.[24] One of the main duties of the Crown is to ensure that a democratically elected government is always in place, which means appointing a prime minister to thereafter head the Cabinet – a committee of the Executive Council charged with advising the Crown on the exercise of the Royal Prerogative,[25] and legally required to keep the Governor-General up to date on state affairs.[26][27] The Queen is informed by her viceroy of the swearing-in and resignation of prime ministers and other members of the ministry, remains fully briefed through regular communications from her New Zealand ministers, and holds audience with them whenever possible.[1]

The ministers of the Fifth Labour Government with then Governor-General Dame Silvia Cartwright, 20 October 2005.

In the construct of constitutional monarchy and responsible government, the ministerial advice tendered is typically binding, meaning the monarch reigns but does not rule. However, the Royal Prerogative belongs to the Crown and not to any of the ministers,[23] and the royal and viceroyal figures may unilaterally use these powers in exceptional constitutional crisis situations,[23][26][28] thereby allowing the monarch to make sure that the government conducts itself in compliance with the constitution. There are also a few duties which must be specifically performed by, or bills that require assent by, the Queen; these include applying the royal sign-manual and Seal of New Zealand to the appointment papers of governors-general, the confirmation of awards of New Zealand Royal Honours,[29] and the approval of any change in her New Zealand title.

Foreign affairs

The Royal Prerogative also extends to foreign affairs: the sovereign or the Governor-General negotiates and ratifies treaties, alliances, and international agreements, on the advice of the Cabinet. The Governor-General, on behalf of the Queen, also accredits New Zealand High Commissioners and ambassadors, and receives similar diplomats from foreign states. In 2005, the Letters of Credence and Recall were altered so as to run in the name of the incumbent Governor-General, instead of following the usual international process of the letters being from one head of state to another. In addition, the issuance of passports falls under the Royal Prerogative, and, as such, all New Zealand passports are issued in the monarch's name and remain her property.

Parliament

The sovereign is one of the two components of parliament,[28] but the monarch and viceroy do not participate in the legislative process save for the granting of Royal Assent, which is necessary for a bill to be enacted as law; either figure or a delegate may perform this task, and the viceroy has the option of deferring assent to the sovereign. The Crown is further responsible for summoning, proroguing, and dissolving the House of Representatives,[30] after which the Governor-General usually calls for a general election. The new parliamentary session is marked by either the monarch or the Governor-General reading the Speech from the Throne;[31] as the both are traditionally barred from the House of Representatives, this ceremony, as well as the bestowing of Royal Assent, takes place in the Legislative Council Chamber; the monarch has formally opened parliament on five occasions: January 1954, February 1963, March 1970, February 1986, and February 1990.[32] Despite the sovereign's exclusion, Members of Parliament must still express their loyalty to her and defer to her authority, as the Oath of Allegiance must be recited by all new parliamentarians before they may take their seat, and the official opposition is traditionally dubbed as Her Majesty's Loyal Opposition.

Courts

The sovereign is responsible for rendering justice for all her subjects, and is thus traditionally deemed the fount of justice. However, she does not personally rule in judicial cases; instead the judicial functions of the Royal Prerogative are performed in trust and in the Queen's name by Officers of Her Majesty's Court. The monarch is immune from criminal prosecution, the notion in common law being that the sovereign "can do no wrong"; the monarch cannot be prosecuted in her own courts for criminal offences. Civil lawsuits against the Crown in its public capacity (that is, lawsuits against the Queen-in-Council) are permitted; however, lawsuits against the monarch personally are not cognizable. The monarch, and by extension the Governor-General, also grants immunity from prosecution, exercises the Royal Prerogative of Mercy,[10] and may pardon offences against the Crown, either before, during, or after a trial.

As the judges and courts are the sovereign's judges and courts, and as all law in New Zealand derives from the Crown, the monarch stands to give legitimacy to courts of justice, and is the source of their judicial authority. The Arms of Her Majesty in Right of New Zealand is always displayed in New Zealand courtrooms.

The Crown and the New Zealand Defence Force

King George VI speaks with a Royal New Zealand Air Force Flight Lieutenant at RAF Scampton, 27 May 1943.

Allegiance [by Defence Force personnel is to] the Sovereign, [however] loyalty [is] to the Government of the day... The Defence Force and the disposition of those Forces are at the decision... of Her Majesty's Ministers for the time being.[33]

State Services Commission, December 2001

The Crown also sits at the pinnacle of the New Zealand Defence Force. The Governor-General is Commander-in-Chief and under the Defence Act 1990 is authorised to "raise and maintain armed forces",[34] consisting of the New Zealand Army, Royal New Zealand Navy, and Royal New Zealand Air Force. The sovereign's position as chief of the military is reflected in New Zealand's naval vessels bearing the prefix Her Majesty's New Zealand Ship (His Majesty's New Zealand Ship in the reign of a male monarch), and in the requirement that all members of the armed forces swear their allegiance to the sovereign and his or her heirs and successors.[35] The Governor-General commissions officers to command the forces;[28] Saluting of these individuals by soldiers is, besides a sign of personal respect, an indirect salute to the monarch and her authority.

Though the monarch and members of her family also act as Colonels-in-Chief of various regiments in the military, these posts are only ceremonial in nature, reflecting the Crown's relationship with the military through participation in military ceremonies both at home and abroad.[n 4] Various regiments have also received a royal prefix, such as the Corps of Royal New Zealand Engineers, the Royal New Zealand Infantry Regiment, and the Royal New Zealand Army Logistic Regiment.

One particular area of note is that the country's only currently ranked Admiral of the Fleet is Prince Philip, the Queen's consort. This title is held in conjunction with those of Field Marshal and Marshal of the Air Force.

The Crown and Māori

Māori interaction with the Crown dates back to 1832, when King William IV in his British Council appointed James Busby as Resident, to address concerns on the part of Māori in the Bay of Islands over expanding European settlements in that area. On 28 October 1835, Busby oversaw a hui (forum) held at Waitangi, at which a flag was selected for New Zealand and a declaration of independence written by Busby was signed by 36 Māori chiefs; both were acknowledged the following year by the King in a letter from Lord Glenelg.[37]

An artistic depiction of the signing of the Treaty of Waitangi.

As a result the declaration's ratification by the House of Commons in 1836, officials in the Colonial Office determined in 1839 that a treaty of cessation would need to be signed with Māori for the British Crown to acquire sovereignty over New Zealand.[38] Hence the Treaty of Waitangi was signed in 1840 by representatives of the British Crown and over 500 Māori chiefs, and is considered the founding document of the nation,[39] or the "Magna Carta" of New Zealand, and a "cornerstone of... Aboriginal rights,"[40] being an agreement directly between the indigenous peoples and the Queen of New Zealand in Council, identified in the treaty as Kawanatanga.[41]

Since the treaty's implementation, a number of petitions have been made by Māori directly to the sovereign in London, whom they felt they had a special relationship, the first coming from northern chiefs in 1852. This and all subsequent appeals were directed back to the sovereign's New Zealand ministers for advice on how to proceed.[42] The results were not always favorable to Māori, who have communicated their discontent to the monarch or other royals; in response to a refusal by the Executive Council in 1981 to allow Mana Motuhake direct access to Queen Elizabeth II, Māori activist Dun Mihaka offered a traditional rebuke by baring his buttocks at Prince Charles and Princess Diana. In a later incident Mihaka attempted to crash into the Queen's motorcade; he was intercepted by Police before this happened.[43]

In the Māori language, the Queen is sometimes referred to as Te kōtuku-rerenga-tahi, meaning "the white heron of a single flight"; in Māori proverb, the rare white heron is a significant bird seen only once in a lifetime.[7] In 1953, for her Coronation, Queen Elizabeth II was given a kiwi feather Korowai, or cloak,[44] which she wears when attending a pōwhiri, or Māori welcoming ceremony, also speaking partly in Māori.[45]

Cook Islands, Niue, and the territories

The sovereign of New Zealand also serves as the monarch of the Cook Islands and Niue, territories in free association with New Zealand within the larger Realm of New Zealand.[46][47] The New Zealand monarchy, however, is unitary throughout all jurisdictions in the country, with the headship of state being a part of all equally. As such, the sovereignty of the Cook Islands and Niue is passed on not by the Governor-General or parliament of New Zealand, but through the overreaching Crown itself as a part of the executive, legislative, and judicial operations in all three areas. Though singular, linking the governments of New Zealand, Niue, and the Cook Islands, the Crown is thus "divided" into three legal jurisdictions.

The Queen's Representative serves as the viceroy of the Cook Islands and the Governor-General of New Zealand,[48] represented by the State Services Commissioner,[49] represents the Queen in Niue,[47][50] carrying out all the monarch's constitutional and ceremonial duties of state on her behalf. The Administrator of the territory of Tokelau is appointed by the Governor-General of New Zealand-in-Council, at the recommendation of the New Zealand Minister of Foreign Affairs,[51] and the Governor-General of New Zealand serves ex-officio as Governor of the Ross Dependency; but, as the territories are not sovereign entities, the Administrator and Governor are representatives of the New Zealand government and not the sovereign personally.

Cultural role

Royal presence and duties

Members of the Royal Family have been present in New Zealand since the late 1800s, their reasons including participating in military manoeuvres, serving as viceroy, or undertaking official royal tours. Usually important milestones, anniversaries, or celebrations of New Zealand culture will warrant the presence of the monarch, while other royals will be asked to participate in lesser occasions. Official duties involve the sovereign representing the New Zealand state at home or abroad, or her relations as members of the Royal Family participating in government organized ceremonies either in New Zealand or elsewhere.[n 5] The advice of the New Zealand Cabinet is the impetus for royal participation in any New Zealand event. Such events have included centennials and bicentennials; Waitangi Day; the openings of Commonwealth and other games; anniversaries of Māori treaty signings; awards ceremonies; D-Day commemorations; anniversaries of the monarch's accession; and the like. Conversely, unofficial duties are performed by Royal Family members on behalf of New Zealand organizations of which they may be patrons, through their attendance at charity events, visiting with members of the New Zealand Defence Force as Colonel-in-Chief, or marking certain key anniversaries. The invitation and expenses associated with these undertakings are usually borne by the associated organization.

Since 1869, when Prince Alfred, one of Queen Victoria's sons arrived on New Zealand's shores, more than fifty tours of New Zealand by a member of the Royal Family have taken place, though only five of those occurred before 1953. After Alfred came The Duke and Duchess of Cornwall and York (later King George V and Queen Mary) in 1901; Prince Edward, Prince of Wales (later King Edward VIII), in 1920; The Duke and Duchess of York (later King George VI and Queen Elizabeth) in 1927; and Prince Henry, Duke of Gloucester, from 1934 to 1935. Queen Elizabeth II was the first reigning monarch of New Zealand to tour the country, becoming such when she arrived during her 1953-1954 global tour; she broadcast from Government House in Auckland her annual Royal Christmas Message.

Queen Elizabeth also toured New Zealand on a number of other occasions: between 6 and 18 February 1963, she attended celebrations at Waitangi and the Queen Elizabeth II Arts Council was founded as the nation's gift to the monarch; from 12 to 30 March 1970, the Queen, accompanied by Prince Charles and Princess Anne, particiated in the James Cook bicentenary celebrations; between 30 January and 8 February 1974, and she attended and closed that year's Commonwealth Games in Christchurch and participated in New Zealand Day events at Waitangi. As part of a Commonwealth-wide tour for her Silver Jubilee, Elizabeth was in New Zealand from 22 Febauary to 7 March 1977; she made a brief visit, between 12 and 20 October, following a Commonwealth Heads of Government Meeting (CHOGM) in Melbourne; marked the centennial of the New Zealand Police during a tour from 22 February to 2 March 1986; the Queen closed the Commonwealth Games in Auckland and, with her son, Prince Edward, took part in events marking the sesquicentennial of the Treaty of Waitangi between 1 and 16 February 1990; between 1 and 10 November 1995, she attended the CHOGM in Auckland and opened the newly refurbished parliament buildings; and, as part of her global tour for her Golden Jubilee, Elizabeth was in New Zealand from 22 to 27 February 2002.[54]

Some of the royal tours undertaken by more junior royals include the 1990 visit of Princess Anne to commemorate the 75th anniversary of the Gallipoli landings on Anzac Day, and when Prince William represented the Queen of New Zealand at VE and VJ Day commemorations in 2005, as part of an 11 day tour,[55] and opened the new Supreme Court of New Zealand building in early 2010.[56] Prince Edward spent two terms of the 1982 academic year as a house tutor and junior master at the Collegiate School, in Wanganui.[45]

Symbols

The Royal Standard of New Zealand, used solely by the Queen of New Zealand.
A statue of Queen Victoria in Dunedin.

References to the monarchy are commonplace in public life in New Zealand. Her portrait is often found in government buildings, military installations, and schools. There are references to St Edward's Crown, on the New Zealand's Royal Coat of Arms, on various medals, and awards.

These latter cases reflect the monarch's place as the ceremonial head of the New Zealand honours system. As such, only she can approve the creation of an honour, which she does as requested by the government of New Zealand. Although, the Governor-General administers most responsibilities relating to New Zealand honours on the Queen's behalf.

The use of the term 'Royal', as in the Royal New Zealand Navy and Royal New Zealand Air Force, and oaths taken by politicians, judges, members of the armed forces and new citizens are to the Queen. The Queen's portrait appears on some postage stamps, the obverse (front) of New Zealand coins, and all banknotes feature the portrait of the Queen as the watermark. However, only the $20 banknote bears her image as the main feature.

In New Zealand, unlike in the United Kingdom, the Queen's Official Birthday is a public holiday and is celebrated in the first Monday in June. Republican Movement surveys conducted in 2009 and 2010 showed there had been no official civic celebrations or plans to celebrate the Queen's birthday on the day, apart from the Queen's Birthday Honours list.[57]

God Save the Queen remains one of the National Anthems, along with God Defend New Zealand but has been generally restricted to Official occasions where the Monarch or the Vice-Regal representative, the Governor General, are being either honoured or in attendance for a particular purpose.

History

Monarchy in New Zealand dates back to the first half of the nineteenth century.

After Captain Cook's exploration of New Zealand in the late eighteenth century, an increasing number of European settlers came to New Zealand. In 1833, with growing lawlessness amongst traders and settlers, the British government appointed James Busby as British Resident to protect British trading interests.

Despite Busby's presence, trouble increased. In 1840, the British Government sent Captain William Hobson to New Zealand as Lieutenant Governor, to acquire the sovereignty of New Zealand, by way of a treaty with the native Māori chiefs.

The Treaty of Waitangi was signed on 6 February 1840, at Waitangi in the Bay of Islands. Over five hundred Māori chiefs signed the treaty as it was taken around the country during the next eight months.

Following the Treaty of Waitangi in 1840, the islands of New Zealand became a British colony.

In 1907, New Zealand achieved the status of Dominion, which meant it was a country of the British Empire and later the Commonwealth of Nations, with autonomy in domestic and foreign affairs. The term fell into disuse after the Second World War.

In 1917, letters patent of George V set out the powers, duties and responsibilities of the Governor-General (as the Sovereign's representative) and the Executive Council.

In 1926, the Balfour Declaration at the Imperial Conference in London confirmed the status of New Zealand, along with that of Australia, the Irish Free State, Canada, South Africa and Newfoundland, as self-governing Dominions under the British Crown.

The Statute of Westminster in 1931, an act of the British Parliament, gave legal form to this declaration. It gave New Zealand and other Dominions the authority to make their own laws. New Zealand ratified the Statute in 1947, after the passing of the Statute of Westminster Adoption Act 1947

A New Zealand stamp bearing the images of Queen Elizabeth and King George VI flanking the shield of the monarch's royal arms for New Zealand, to commemorate the King's coronation on 12 May 1937.

The Royal Titles Act 1953 first introduced a New Zealand royal title for use by the Queen, and the Royal Titles Act 1974 altering the style borne by the Queen in New Zealand.

“ I look forward to continuing to serve to the best of my ability in the years to come. It fills me with great pride to stand before you here today to express my lasting respect and deep affection for this country and for New Zealanders everywhere. ”

—Her Majesty The Queen, 25th February 2002

A personal flag for use by the Queen in New Zealand was adopted in 1962. It features the shield design of the New Zealand coat of arms in the form of an oblong or square. Superimposed in the centre is a dark blue roundel bearing an initial E surmounted by a Royal crown within a gold chaplet of roses.

More recently, the Constitution Act 1986 has become the principal formal statement of New Zealand's constitution. This Act 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. Each can, in general, exercise all the powers of the other. However the appointment of the governor-general is only done by the Queen, on the advice of the Prime Minister.

Debate

Unlike in Australia, where republican sentiment has been stronger, there is little agitation for ending the role of the monarchy of New Zealand. Neither National or Labour, the two major political parties currently in parliament have a stated policy of creating a republic, although Peter Dunne's United Future does and some Members of Parliament have publicly expressed their personal support for a republic. In contrast, some members have also expressed support for the monarchy. Deputy Prime Minister Michael Cullen declared that he supported the monarchy, stating in 2004 he was "a sort of token monarchist in the Cabinet these days."[58] However, in 2010 he repudiated that stance, taking the view that New Zealand should move towards a republic once the Queen's reign ends.[59] Presently, Prime Minister John Key has said he is "not convinced [a republic] will be a big issue in the short term,"[60] but does believe that a republic is "inevitable."[61] There are two special-interest groups representing both sides of the debate in New Zealand, and argue the issue in the media from time to time: the Monarchy New Zealand and the Republican Movement of Aotearoa New Zealand.

There are a number of legal issues to be addressed in order to abolish the monarchy,[62] though individuals on both sides of the argument take a different view of the level of difficulty faced.[63] Much of the unsurety involves the reserve powers of the sovereign; the relationship between the various regions of the Realm of New Zealand presently sharing the same sovereign (the absence of these matters from republican arguments having been criticised as a "self-centredness of republican discussions in New Zealand");[47] and effects on the relationship between the Crown and Māori, specifically, the continued legal status of the Treaty of Waitangi and its claims and settlements.[64][65][66] Some academics expressed concern that governments could use republicanism to evade treaty responsibilities,[67] while others, such as Professor Noel Cox, Chairman of Monarchy New Zealand, have argued a republic would not absolve the government of its obligations under the treaty.[68]

The New Zealand public are generally in favour of the retention of the monarchy, with recent polls showing it to have between 50 and 60% support.[69] Polls indicate that many New Zealanders see the monarchy as being of little day-to-day relevance; a One News Colmar Brunton poll in 2002 found that 58% of the population believed the monarchy has little or no relevance to their lives.[70] National Business Review poll in 2004 found 57% of respondents believed New Zealand would become a republic "in the future".[71]

However, the institution still enjoys the support of New Zealanders, particularly those born before the Second World War, with some polls showing increasing popularity amongst young adults.[40] Others show a majority of younger New Zealanders support a republic.[72] With the approval of the current monarch, and the position of the Treaty of Waitangi under a republic remaining a concern to Māori and other New Zealanders alike, as well as the question of what constitutional form a republic might take unresolved, support for becoming a republic is still the view of around a third to 40% of the population.[72] On 21 April 2008, the republican movement released a poll of New Zealanders showing 43% support the monarchy should Prince Charles become King of New Zealand, and 41% support a republic under the same scenario.[73] A poll by the New Zealand Herald in January 2010, before a visit by Prince William of Wales to the country found 33.3% wanted Prince Charles to be the next monarch, with 30.2% favouring Prince William. 29.4% of respondents preferred a republic in the event Queen Elizabeth died or abdicated.[74]

On 14 October 2009, a Bill put forward in parliament by Keith Locke to bring about a referendum on the monarchy was drawn from the ballot of members' Bills and introduced into the legislative chamber.[75] It had been presumed that this bill would have been binding in New Zealand only, having no effect in the Cook Islands or Niue.[47] On 21 April 2010 the Bill was defeated at its first reading 68 - 53, and did not continue through to Select Committee with the National Party, Act Party, four members of the Maori Party and Progressives opposed and the Labour, Green and United Future party voting in favour.

New Zealand organisations with Royal Patronage

To receive Royal Patronage, an organisation must prove to be long lasting, and to be of the highest standard in their field. These organisations such as the Royal New Zealand Returned and Services’ Association, have received patronage from various monarchs and their families.

See also

Notes

  1. ↑ For example, Edward VIII was never crowned, yet was undoubtedly king during his short time on the throne.
  2. ↑ The only New Zealand monarch to abdicate, Edward VIII, did so with the authorization of the New Zealand government granted in His Majesty's Declaration of Abdication Act, 1936.
  3. ↑ For example, if a lawsuit is filed against the government, the respondent is formally described as Her Majesty the Queen in Queen in Right of New Zealand, or simply Regina.
  4. ↑ Such events include inspections of the troops, and anniversaries of key battles; the governor-general represents the sovereign at military commemorations in New Zealand and sometimes at ceremonies abroad; for example, Sir Anand Satyanand in 2007 attended commemorations of the Battle of Passchendaele in Belgium,[36] whenever the sovereign or a member of her family is in Auckland, they lay a wreath at the War Memorial, or at the National War Memorial in Wellington.
  5. ↑ Though the Royal Family represents other countries abroad, as directed by their respective cabinets, and typically the Governor-General will undertake state visits and other foreign duties on behalf of the Queen of New Zealand,[52] members of the Royal Family will also take part in New Zealand events overseas. For example, on 11 November 2006, Queen Elizabeth II – accompanied by Prince Philip, Duke of Edinburgh; Prince Charles, Prince of Wales; The Duchess of Cornwall; Prince William; Prince Andrew, Duke of York; and Princess Anne, Princess Royal – dedicated the New Zealand war memorial in London's Hyde Park, reviewing a royal Guard of Honour formed by the largest contingent of New Zealand forces seen in the UK since Her Majesty's Coronation in 1953.[53]

Citations

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  2. ↑ 2.0 2.1 Elizabeth II (13 December 1986), Constitution Act, 1986, 2.1, Wellington: Queen's Printer for New Zealand, http://www.legislation.govt.nz/act/public/1986/0114/latest/whole.html#dlm94204, retrieved 30 December 2009 
  3. ↑ Cabinet Office (2008), Cabinet Manual, Queen's Printer, pp. 1–2, ISBN 978-0-477-10067-0, http://cabinetmanual.cabinetoffice.govt.nz/files/manual.pdf, retrieved 31 December 2009 
  4. ↑ Cabinet Office 2008, p. 3
  5. ↑ Cabinet Office 2008, p. 7
  6. ↑ Trepanier, Peter (2004). "Some Visual Aspects of the Monarchical Tradition". Canadian Parliamentary Review (Ottawa: Commonwealth Parliamentary Association) 27 (2): 28. http://www2.parl.gc.ca/Sites/LOP/Infoparl/27/2/27n2_04e_trepanier.pdf. Retrieved 8 October 2009. 
  7. ↑ 7.0 7.1 7.2 The Royal Household. "The Queen and the Commonwealth > Queen and New Zealand > The Queen's role in New Zealand". Queen's Printer. http://www.royal.gov.uk/MonarchAndCommonwealth/NewZealand/TheQueensroleinNewZealand.aspx. Retrieved 1 January 2010. 
  8. ↑ Office of the Governor-General of New Zealand. "Role & Functions > The Role of the Governor-General". Queen's Printer. http://www.gg.govt.nz/role. Retrieved 15 January 2010. 
  9. ↑ Elizabeth II (28 October 1983), [http://cabinetmanual.cabinetoffice.govt.nz/files/manual.pdf Letters Patent Constituting the Office of Governor-General of New Zealand], I-IV, Wellington: Queen's Printer for New Zealand, http://cabinetmanual.cabinetoffice.govt.nz/files/manual.pdf, retrieved 4 January 2010 
  10. ↑ 10.0 10.1 10.2 Cabinet Office 2008, p. 8
  11. ↑ Elizabeth II 1986, 3.2
  12. ↑ Cabinet Office, The Estimates of Appropriations, Queen's Printer for New Zealand, http://www.treasury.govt.nz/budget/2009/estimates/est09pmcab.pdf, retrieved 1 January 2010 
  13. ↑ 13.0 13.1 Cabinet Office 2008, p. 2
  14. ↑ Tony O'Donohue v. Her Majesty the Queen in Right of Canada, 41404 (ON S.C.) , S.33 .
  15. ↑ Audrey Young (1 December 2009). "NZ supports change to royal-succession rules". The New Zealand Herald. http://www.nzherald.co.nz/politics/news/article.cfm?c_id=280&objectid=10612784. 
  16. ↑ Elizabeth II 1986, 4.1
  17. ↑ Elizabeth II 1986, 5.1-2
  18. ↑ Elizabeth II (21 May 2004), Guarantee Eligibility Certificate, Wellington: Queen's Printer for New Zealand, p. 1, http://www.treasury.govt.nz/economy/guarantee/pdfs/wfec-bnz-2j.pdf, retrieved 16 May 2009 
  19. ↑ Cabinet Office 2008, p. 41
  20. ↑ Elizabeth II (24 Octiber 1957), Oaths and Declarations Act 1957, 17, Wellington: Queen's Printer for New Zealand, http://www.legislation.govt.nz/act/public/1957/0088/latest/DLM314553.html, retrieved 1 January 2010 
  21. ↑ Elizabeth II 1957, 22-25
  22. ↑ "The Form and Order of Service that is to be performed and the Ceremonies that are to be observed in the Coronation of Her Majesty Queen Elizabeth II in the Abbey Church of St. Peter, Westminster, on Tuesday, the second day of June, 1953". Anglican Liturgical Library. http://www.oremus.org/liturgy/coronation/cor1953b.html. Retrieved 16 May 2009. 
  23. ↑ 23.0 23.1 23.2 Cox, Noel (September 2002). "Black v Chrétien: Suing a Minister of the Crown for Abuse of Power, Misfeasance in Public Office and Negligence". Murdoch University Electronic Journal of Law (Perth: Murdoch University) 9 (3): 12. http://www.murdoch.edu.au/elaw/issues/v9n3/cox93.html. Retrieved 17 May 2009. 
  24. ↑ Elizabeth II 1986, 3A.1
  25. ↑ Elizabeth II 1983, VII
  26. ↑ 26.0 26.1 Cabinet Office 2008, p. 9
  27. ↑ Elizabeth II 1983, XVI
  28. ↑ 28.0 28.1 28.2 Office of the Governor-General of New Zealand. "Role & Functions > The Constitutional Role of the Head of State". Queen's Printer. http://www.gg.govt.nz/role/index.htm. Retrieved 15 January 2010. 
  29. ↑ Cabinet Office 2008, p. 14
  30. ↑ Cabinet Office 2008, p. 75
  31. ↑ Cabinet Office 2008, p. 87
  32. ↑ New Zealand Official Year Book 1990
  33. ↑ State Services Commission. "Review of the Performance of the Defence Force in Relation to Expected Standards of Behaviour, and in Particular the Leaking and Inappropriate Use of Information by Defence Force Personnel". Queen's Printer for New Zealand. http://www.ssc.govt.nz/defence-force-report-dec-02. Retrieved 1 January 2010. 
  34. ↑ Elizabeth II (1 April 1990), Defence Act 1990, 5, 6.1, Wellington: Parliamentary Counsel Office, http://www.legislation.govt.nz/act/public/1990/0028/latest/whole.html?search=qs_act_new+zealand+defence+force_resel&p=1#dlm204973, retrieved 1 January 2010 
  35. ↑ Elizabeth II 1990, 34
  36. ↑ "Governor-General visits Belgium for Passchendaele Commemoration". Government House. 6 July 2007. http://www.scoop.co.nz/stories/PA0707/S00104.htm. 
  37. ↑ The Lord Glenelg (25 May 1836), "EXTRACT of a DESPATCH from Lord GLENELG to Major-General Sir RICHARD BOURKE, New South Wales", written at London, Documents > Declaration of Independence, Christchurch: Waitangi Associates, http://www.waitangi.co.nz/declarationindependence.htm#Extract, retrieved 11 January 2010 
  38. ↑ Orange, Claudia (2004). An Ilustrated History of the Treaty of Waitangi. Wellington: Bridget Williams Books. p. 42. ISBN 1-877242-16-0. 
  39. ↑ Cabinet Office 2008, p. 1
  40. ↑ 40.0 40.1 Jackson, Michael D. (2009). "The Senior Realms of the Queen". Canadian Monarchist News (Toronto: Monarchist League of Canada) Autumn 2009 (30): 11. http://www.monarchist.ca/cmn/2009/Autumn_2009_CMN.pdf. Retrieved 17 January 2010. 
  41. ↑ Jackson, Moana (1996), Trainor, Luke, ed., Republicanism in New Zealand, Palmerston North: Dunmore Press, p. 119, ISBN 978-0864692566 
  42. ↑ History Group of the New Zealand Ministry for Culture and Heritage. "Politics and government > Maori leadership > Maori King movement - 1860-94 > Normalising relations". Queen's Printer for New Zealand. http://www.nzhistory.net.nz/node/2150. Retrieved 2 January 2010. 
  43. ↑ "Top 10 Odd Protests - Down (Under) And Dirty". Time. 15 December 2008. http://www.time.com/time/specials/packages/article/0,28804,1866667_1866668_1866592,00.html. Retrieved 8 January 2010. 
  44. ↑ Royal Household. "The Queen and the Commonwealth > Queen and New Zealand > Symbols and ceremonies". Queen's Printer. http://www.royal.gov.uk/MonarchAndCommonwealth/NewZealand/Symbolsandceremonies.aspx. Retrieved 2 January 2010. 
  45. ↑ 45.0 45.1 Royal Household. "The Queen and the Commonwealth > Queen and New Zealand > Royal visits". Queen's Printer. http://www.royal.gov.uk/MonarchAndCommonwealth/NewZealand/Royalvisits.aspx. Retrieved 2 January 2010. 
  46. ↑ "Government of the Cook Islands". Jarvy Web. http://www.ck/govt.htm#hea. Retrieved 2 January 2010. 
  47. ↑ 47.0 47.1 47.2 47.3 Townend, Andrew (2003). "The Strange Death of the Realm of New Zealand: The Implications of a New Zealand Republic for the Cook Islands and Niue". Victoria University of Wellington Law Review (Wellington: Victoria University of Wellington) (34). http://www.austlii.edu.au/nz/journals/VUWLRev/2003/34.html#Heading16. Retrieved 2 January 2010. 
  48. ↑ Elizabeth II (1981), Constitution of the Cook Islands, 3.1, Avarua: Queen's Printer for the Cook Islands, http://www.paclii.org/cgi-paclii/disp.pl/ck/legis/num_act/cotci327/cotci327.html?query=cotci327, retrieved 2 January 2010 
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  50. ↑ Elizabeth II (29 August 1974), Niue Constitution Act 1974, Schedule 2.I.1, Wellington: Queen's Printer for New Zealand, http://www.legislation.govt.nz/act/public/1974/0042/latest/whole.html?search=ts_act_Niue+Constitution+Act_resel&p=1#DLM412787, retrieved 2 January 2010 
  51. ↑ Councils of Elders; General Fono; Council for the Ongoing Government of Tokelau. "Governance of Tokelau". Queen's Printer for New Zealand. http://www.tokelau.org.nz/Government/governance.htm. Retrieved 2 January 2010. 
  52. ↑ Office of the Governor-General of New Zealand. "Role & Functions › The Governor-General’s Three Roles". Queen's Printer. http://www.gg.govt.nz/role/functions.htm. Retrieved 15 January 2010. 
  53. ↑ "Queen honours New Zealand's dead". BBC. 11 November 2006. http://news.bbc.co.uk/2/hi/uk_news/6139656.stm. Retrieved 17 November 2006. 
  54. ↑ The Department of Internal Affairs. "Visits to New Zealand by The Queen and Duke of Edinburgh". Queen's Printer. 
  55. ↑ Associated Press (3 July 2005), "Prince William charms crowds in New Zealand", USA Today, http://www.usatoday.com/news/world/2005-07-03-william-nzealand_x.htm?csp=34, retrieved 16 January 2010 
  56. ↑ Key, John; John Key (2 November 2009). "Prime Minister announces visit of Prince William". Scoop. http://www.scoop.co.nz/stories/PA0911/S00015.htm. Retrieved 20 January 2010. 
  57. ↑ Brian Rudman. "Clear signal from Her at the Palace". New Zealand Herald. http://www.nzherald.co.nz/opinion/news/article.cfm?c_id=466&objectid=10650210&pnum=0. 
  58. ↑ Daily Hansard: Clerk of the House of Representatives. Clerk of the House of Representatives. 16 December 2004. 
  59. ↑ "Cullen: New Zealand should be republic". Herald on Sunday. 29 August 2010. http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10669598. Retrieved 2010-08-29. 
  60. ↑ "Strong backing for MMP referendum". TVNZ. 23 June 2008. http://tvnz.co.nz/view/page/1866364. Retrieved 13 July 2008. 
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  62. ↑ Stockley, Andrew P. (1996), "Becoming a Republic? Issues of Law", in Trainor, Luke, Republicanism in New Zealand, Palmerston North: Dunmore Press, p. 81, ISBN 978-0864692566 
  63. ↑ Stockley, Andrew (1998). "Of Conventions and Constitutional Change: Lessons for New Zealand". University of New South Wales Law Journal (Sydney: University of New South Wales) 21 (3). http://www.austlii.edu.au/au/journals/UNSWLawJl/1998/11.html. Retrieved 25 January 2010. 
  64. ↑ Ladley, Andrew (2000), "Who should be Head of State?", in James, Colin, Building the Constitution, Wellington: Institute of Policy Studies, pp. 267, 273 
  65. ↑ Milne, Johnathan (May 30, 2004), "The People vs the Crown", Sunday Star-Times 
  66. ↑ Brookfield, F.M. (Jock) (1995). Republican New Zealand: Legal Aspects and Consequences. New Zealand Law Review. p. 310. 
  67. ↑ Tunks, Andrea, Trainor, Luke, ed., Republicanism in New Zealand, Palmerston North: Dunmore Press, p. 117, ISBN 978-0864692566 
  68. ↑ Cox, Noel (2002). "The Treaty of Waitangi and the Relationship Between Crown and Maori in New Zealand". Brooklyn Journal of International Law (Brooklyn: University of Brooklyn) 28. http://ssrn.com/abstract=420020. Retrieved 30 January 2010. 
  69. ↑ NZES data, 1990 - 2008, New Zealand Election Study, http://www.nzes.org, retrieved 31 January 2010 
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  71. ↑ "New Zealanders Resigned to Their Fate". National Business Review. 17 August 2004. 
  72. ↑ 72.0 72.1 Kiwis Divided Over Monarchy, Research NZ, 23 December 2008, http://www.researchnz.com/pdf/Media%20Releases/RNZ%20Media%20Release%20-%2022-08-08%20Kiwis%20divided%20over%20monarchy.pdf, retrieved 31 January 2010 
  73. ↑ "Opinion divided on NZ becoming republic". TV3. 21 April 2008. http://www.tv3.co.nz/OpiniondividedonNZbecomingrepublic/tabid/209/articleID/53205/cat/41/Default.aspx. Retrieved 21 April 2008. 
  74. ↑ Kara Segedin (19 January 2010). "Charles and William evens for throne". New Zealand Herald. http://www.nzherald.co.nz/royalty/news/article.cfm?c_id=1500905&objectid=10620934. Retrieved 31 January 2010. 
  75. ↑ House of Representatives (15 October 2009), Order Paper, Queen's Printer for New Zealand 

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