Constitution Act 1986

Section 3A: inserted, on 1 November 1999, by section 2 of the Constitution Amendment Act 1999 (1999 No 86). 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— (a) the office of Governor-General is vacant; or (b) the Governor-General is unable to perform the function or duty or exercise the power. (2) The performance or exercise by the Administrator of the Gov- ernment of a function or duty imposed, or a power conferred, on the Governor-General is conclusive evidence of the author- ity of the Administrator to perform the function or duty or ex- ercise the power. Compare: 1924 No 11 s 25E; 1986 No 115 s 9 4 Reprinted as at 17 May 2005 Constitution Act 1986 Part 2 s 6

Section 3B: inserted, on 1 November 1999, by section 2 of the Constitution Amendment Act 1999 (1999 No 86). 4 Regency (1) Where, under the law of the United Kingdom, the royal func- tions are being performed in the name 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) limits, in relation to any power of the Sovereign in right of New Zealand, the authority of the Governor-General to exercise that power. Compare: 1983 No 20 s 4 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 suc- cessor, 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 instru- ment 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. Compare: 1908 No 42 Part 2 The Executive 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. (2) Notwithstanding subsection (1),— (a) a person who is not a member of Parliament may be ap- pointed and may hold office as a member of the Execu- 5 Reprinted as at Part 2 s 7 Constitution Act 1986 17 May 2005 tive 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 immedi- ately 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 un- less, 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. Compare: 1979 No 33 s 9 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 Min- ister is known) may, unless the context otherwise requires, be exercised or performed by any member of the Executive Coun- cil. Compare: 1924 No 11 s 25(e) 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 be- half in the warrant of appointment. (2) A Parliamentary Under-Secretary shall hold office as such dur- ing the pleasure of the Governor-General, but shall in every case vacate that office within 28 days of ceasing to be a mem- ber of Parliament. Compare: 1979 No 33 ss 11, 12; 1985 No 48 s 5 6 Reprinted as at 17 May 2005 Constitution Act 1986 Part 2 s 9B 9 Functions of Parliamentary Under-Secretaries (1) A Parliamentary Under-Secretary holding office as such in re- spect 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 Min- ister. (2) Nothing in subsection (1) 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 Min- ister concerned shall be conclusive evidence of that person’s authority to do so. Compare: 1979 No 33 s 14 9A Solicitor-General may perform functions of Attorney-General The Solicitor-General may perform a function or duty im- posed, or exercise a power conferred, on the Attorney-Gen- eral. Compare: 1924 No 11 s 4; 1952 No 81 s 27

Section 9A: inserted, on 1 November 1999, by section 3 of the Constitution Amendment Act 1999 (1999 No 86). 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— (a) in place of, or for, the Solicitor-General during the ab- sence from office of the Solicitor-General or if the So- licitor-General is incapacitated in a way that affects the performance of his or her duties; or (b) during a vacancy in the office of Solicitor-General. (2) The performance of a function or duty or the exercise of a power by a person appointed under subsection (1) is, in the 7 Reprinted as at Part 2 s 9C Constitution Act 1986 17 May 2005 absence of proof to the contrary, sufficient evidence of the au- thority of that person to do so. Compare: 1924 No 11 s 25B(1), (2); 1979 No 71 s 2

Section 9B: inserted, on 1 November 1999, by section 3 of the Constitution Amendment Act 1999 (1999 No 86). 9C Delegation of powers of Attorney-General and Solicitor-General (1) The Solicitor-General may, with the written consent of the At- torney-General, in writing delegate to a Deputy Solicitor-Gen- eral, any of the functions or duties imposed, or powers con- ferred, on the Attorney-General. (2) The Solicitor-General may in writing delegate to a Deputy Solicitor-General any of the functions or duties imposed, or powers conferred, on the Solicitor-General, except for the power to delegate conferred by this subsection. (3) A delegation is revocable and does not prevent the Attorney- General or the Solicitor-General from performing the function or duty or exercising the power. (4) A delegation may be made on conditions specified in the in- strument of delegation. (5) The fact that a Deputy Solicitor-General performs a function or duty or exercises a power is, in the absence of proof to the contrary, sufficient evidence of his or her authority to do so.

Section 9C: inserted, on 1 November 1999, by section 3 of the Constitution Amendment Act 1999 (1999 No 86). Part 3 The Legislature The House of Representatives 10 House of Representatives (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 King- dom. 8 Reprinted as at 17 May 2005 Constitution Act 1986 Part 3 s 13 (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 1993, and who shall be known as members of Parliament. Compare: 1956 No 107 ss 11, 13; 1975 No 28 s 4

Section 10(4): amended, on 17 May 2005, by section 3 of the Constitution Amendment Act 2005 (2005 No 48). 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. (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. Compare: 1950 No 3 s 2(4); New Zealand Constitution Act 1852 s 46 (UK)

Section 11(2): added, on 10 July 1987, by section 2 of the Constitution Amend- ment Act 1987 (1987 No 134). 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. Compare: 1956 No 107 s 14 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. 9 Reprinted as at Part 3 s 14 Constitution Act 1986 17 May 2005 Parliament 14 Parliament (1) There shall be a Parliament of New Zealand, which shall con- sist of the Sovereign in right of New Zealand and the House of Representatives. (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 King- dom) and which consisted of the Governor-General and the House of Representatives. Compare: 1950 No 3 s 2(2); New Zealand Constitution Act 1852 s 32 (UK) 15 Power of Parliament to make laws (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. Compare: 1973 No 114 s 2; New Zealand Constitution Act 1852 s 53 (UK); Canada Act 1982 s 2 (UK); Australia Act 1986 s 1 (Commonwealth) 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. Compare: New Zealand Constitution Act 1852 s 56 (UK) 17 Term of Parliament (1) The term of Parliament shall, unless Parliament is sooner dis- solved, 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 268 of the Electoral Act 1993 shall apply in respect of subsection (1). Compare: 1956 No 107 s 12

Section 17(2): substituted, on 1 July 1994, by section 271 of the Electoral Act 1993 (1993 No 87). 10 Reprinted as at 17 May 2005 Constitution Act 1986 Part 3 s 20 18 Summoning, proroguing, and dissolution of Parliament (1) The Governor-General may by Proclamation summon Parlia- ment 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 par- ticular date. (1A) The Governor-General may, by Proclamation, change the place of meeting of Parliament set out in the Proclamation summoning Parliament if that place is unsafe or uninhabitable. (2) The Governor-General may by Proclamation prorogue or dis- solve Parliament. (3) A Proclamation summoning, proroguing, or dissolving Parlia- ment 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) shall be gazetted as soon as practicable after it is pub- licly read. Compare: New Zealand Constitution Act 1852 ss 44, 82 (UK)

Section 18(1A): inserted, on 1 December 2002, by section 117 of the Civil De- fence Emergency Management Act 2002 (2002 No 33). 19 First meeting of Parliament after general election After any general election of members of the House of Repre- sentatives, Parliament shall meet not later than 6 weeks after the day fixed for the return of the writs for that election. Compare: Bill of Rights art 13 (UK); Constitution of Australia (1900) s 5 20 Lapse or reinstatement of parliamentary business (1) Any Bill, petition, or other business before the House of Rep- resentatives or any of its committees during a session of a Par- liament (any parliamentary business)— (a) does not lapse on the prorogation of that Parliament and may be resumed in the next session of Parliament (a session of that Parliament): 11 Reprinted as at Part 3 s 21 Constitution Act 1986 17 May 2005 (b) lapses on the dissolution or expiration of that Parlia- ment, but may be reinstated in the next session of Par- liament (a session of the next Parliament). (2) Parliamentary business is reinstated in that next session if, after that dissolution or expiration, the House of Representa- tives resolves that the parliamentary business be reinstated in that next session. Compare: 1977 No 22 s 2(1)

Section 20: substituted, on 17 May 2005, by section 4 of the Constitution Amendment Act 2005 (2005 No 48). Parliament and public finance 21 Bills appropriating public money [Repealed]

Section 21: repealed, on 17 May 2005, by section 5 of the Constitution Amend- ment Act 2005 (2005 No 48). 22 Parliamentary control of public finance It shall not be lawful for the Crown, except by or under an Act of Parliament,— (a) to levy a tax; or (b) to borrow money or to receive money borrowed from any person; or. (c) to spend any public money. Compare: 1977 No 65 ss 53(1), 70; Bill of Rights art 4 (UK)

Section 22(b): substituted, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113). Part 4 The Judiciary 23 Protection of Judges against removal from office A Judge of the High Court shall not be removed from office ex- cept 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. Compare: 1908 No 89 ss 7, 8, 9 12 Reprinted as at 17 May 2005 Constitution Act 1986 Part 5 s 26 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. Compare: 1908 No 89 s 10 Part 5 Miscellaneous provisions 25 General Assembly Library to be known as the Parliamentary Library (1) The library heretofore known as the General Assembly Li- brary 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 com- mencement of this Act, as the Parliamentary Librarian. (3) Subject to section 27, all references to the General Assembly Library or to the Chief Librarian of the General Assembly Li- brary 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 Parlia- mentary Librarian respectively. 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 enact- ments 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 Inter- pretation Act 1924 shall apply with respect to the enactments specified in subsection (1) as if they were Acts of the Parlia- ment of New Zealand that had been repealed by that subsec- tion. 13 Reprinted as at Part 5 s 27 Constitution Act 1986 17 May 2005 (3) Without limiting the provisions of subsection (2), it is hereby declared that the effect of section 11 of the Statute of West- minster 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 af- fected by virtue of the Statute of Westminster 1931 ceasing, by virtue of subsection (1), to have effect as part of the law of New Zealand. 27 Consequential amendments to other enactments The enactments specified in Schedule 1 are hereby amended in the manner indicated in that schedule. 28 Repeals (1) The enactments specified in Schedule 2 are hereby repealed. (2) The Regulations Amendment Act 1962 is hereby consequen- tially repealed. (3), (4) Amendment(s) incorporated in the Act(s). 29 Transitional and consequential provisions relating to Parliament (1) The Parliament in being at the commencement of this Act (be- fore the commencement of this Act called the General Assem- bly) shall continue in accordance with and subject to the pro- visions 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 com- mencement 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) shall not apply in respect of the Acts Interpret- ation Act 1924. 14 Reprinted as at 17 May 2005 Constitution Act 1986 Schedule 1 Schedule 1 s 27 Consequential amendments Agriculture (Emergency Powers) Act 1934 (1934 No 34) (RS Vol 1, p 87) Amendment(s) incorporated in the Act(s). Civil Defence Act 1983 (1983 No 46) Amendment(s) incorporated in the Act(s). Civil List Act 1979 (1979 No 33) Amendment(s) incorporated in the Act(s). Customs Act 1966 (1966 No 19) (RS Vol 2, p 57) Amendment(s) incorporated in the Act(s). Economic Stabilisation Act 1948 (1948 No 38) (RS Vol 6, p 227) Amendment(s) incorporated in the Act(s). Foreign Affairs and Overseas Service Act 1983 (1983 No 128) Amendment(s) incorporated in the Act(s). Government Superannuation Fund Act 1956 (1956 No 47) (RS Vol 13, p 97) Amendment(s) incorporated in the Act(s). Judicature Act 1908 (1908 No 89) (1957 Reprint, Vol 6, p 699) Amendment(s) incorporated in the Act(s). Oaths and Declarations Act 1957 (1957 No 88) (RS Vol 4, p 1) Amendment(s) incorporated in the Act(s). Official Information Act 1982 (1982 No 156) Amendment(s) incorporated in the Act(s). Ombudsmen Act 1975 (1975 No 9) Amendment(s) incorporated in the Act(s). 15 Reprinted as at

Schedule 1 Constitution Act 1986 17 May 2005 Parliamentary Service Act 1985 (1985 No 128) Amendment(s) incorporated in the Act(s). Petroleum Demand Restraint Act 1981 (1981 No 12) Amendment(s) incorporated in the Act(s). Primary Products Marketing Act 1953 (1953 No 10) (RS Vol 4, p 201) Amendment(s) incorporated in the Act(s). Public Finance Act 1977 (1977 No 65) Amendment(s) incorporated in the Act(s). Public Safety Conservation Act 1932 (1932 No 3) (RS Vol 4, p 233) Amendment(s) incorporated in the Act(s). Regulations Act 1936 (1936 No 17) (RS Vol 10, p 723) Amendment(s) incorporated in the Act(s). Statutes Amendment Act 1936 (1936 No 58) (RS Vol 1, p 31) Amendment(s) incorporated in the Act(s). Treaty of Waitangi Act 1975 (1975 No 114) (RS Vol 8, p 877) Amendment(s) incorporated in the Act(s). 16 Reprinted as at 17 May 2005 Constitution Act 1986 Schedule 2

Schedule 2 s 28(1) Enactments repealed Demise of the Crown Act 1908 (1908 No 42) (RS Vol 2, p 323) Legislature Amendment Act 1977 (1977 No 22) (RS Vol 6, p 764) New Zealand Constitution Amendment Act 1970 (1970 No 94) (RS Vol 10, p 463) New Zealand Constitution Amendment Act 1973 (1973 No 114) (RS Vol 10, p 463) New Zealand Constitution Amendment (Request and Consent) Act 1947 (1947 No 44) (RS Vol 10, p 461) Royal Powers Act 1983 (1983 No 20) Statute of Westminster Adoption Act 1947 (1947 No 38) (RS Vol 11, p 393) 17 Reprinted as at Notes Constitution Act 1986 17 May 2005 Contents 1 General 2 Status of reprints 3 How reprints are prepared 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 5 List of amendments incorporated in this reprint (most recent first) Notes 1 General This is a reprint of the Constitution Act 1986. The reprint incorporates all the amendments to the Act as at 17 May 2005, as specified in the list of amendments at the end of these notes. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/. 2 Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint. This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained. 3 How reprints are prepared A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. 18 Reprinted as at 17 May 2005 Constitution Act 1986 Notes For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force. 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted. A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint. In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) • typeface and type size (Times Roman, generally in 11.5 point) • layout of provisions, including: • indentation • position of section headings (eg, the number and heading now appear above the section) • format of definitions (eg, the defined term now appears in bold type, without quotation marks) • format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) 19 Reprinted as at Notes Constitution Act 1986 17 May 2005 • position of the date of assent (it now appears on the front page of each Act) • punctuation (eg, colons are not used after definitions) • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly • case and appearance of letters and words, including: • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) • small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly • running heads (the information that appears at the top of each page) • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological). 5 List of amendments incorporated in this reprint (most recent first) Constitution Amendment Act 2005 (2005 No 48) Public Finance Amendment Act 2004 (2004 No 113): section 37(1) Civil Defence Emergency Management Act 2002 (2002 No 33): section 117 Constitution Amendment Act 1999 (1999 No 86) Electoral Act 1993 (1993 No 87): section 271 Constitution Amendment Act 1987 (1987 No 134) 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2011 20