{ Adopted: 1 Jan 1987 / Commenced: 1 Jan 1987 / Status: 1987 }
{ This ICL Edition does not contain the Schedules or references to old law }
{ Consolidated by inclusion of the Constitution Amendment Act 1987 }
[Preamble]
An Act to reform the constitutional law of New Zealand, to
bring together into one enactment certain provisions of
constitutional significance, and to provide that the New Zealand
Constitution Act 1852 of the Parliament of the United Kingdom
shall cease to have effect as part of the law of New Zealand
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
Section 1 Short Title and commencement
(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.
Section 2 Head of State
(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.
Section 3 Exercise of royal powers by the Sovereign or the Governor-General
(1) Every power conferred on the Governor-General by or
under any Act is a royal power which is exercisable by the
Governor-General on behalf of the Sovereign, and may
accordingly be exercised either by the Sovereign in person or
by the Governor-General.
(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
Section 4 Regency
(1) Where, under the law of the United Kingdom, the royal
functions are being performed in the same and on behalf of the
Sovereign by a Regent, the royal functions of the Sovereign in
right of New Zealand shall be performed in the name and on
behalf of the Sovereign by that Regent.
(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.
Section 5 Demise of the Crown
(1) The death of the Sovereign shall have the effect of
transferring all the functions, duties, powers, authorities, rights,
privileges, and dignities belonging to the Crown to the
Sovereign's successor, as determined in accordance with the
enactment of the Parliament of England intituled The Act of
Settlement (12 & 13 Will. 3, c. 2) and any other law relating to
the succession to the Throne, but shall otherwise have no effect
in law for any purpose.
(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.
Section 6 Ministers of Crown to be members of Parliament
(1) A person may be appointed and may hold office as a
member of the Executive Council or as a Minister of the Crown
only if that person is a member of Parliament.
(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.
Section 7 Power of member of Executive Council to exercise Minister's powers
Any function, duty, or power exercisable by or conferred on
any Minister of the Crown (by whatever designation that
Minister is known) may, unless the context otherwise requires,
be exercised or performed by any member of the Executive
Council.
Section 8 Appointment of Parliamentary Under-Secretaries
(1) The Governor-General may from time to time, by warrant
under the Governor-General's hand, appoint any member of
Parliament to be a Parliamentary Under-Secretary in relation to
such Ministerial office or offices as are specified in that behalf
in the warrant of appointment.
(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.
Section 9 Functions of Parliamentary Under-Secretaries
(1) A Parliamentary Under-Secretary holding office as such in
respect of any Ministerial office shall have and may exercise or
perform under the direction of the Minister concerned such of
the functions, duties, and powers of the Minister of the Crown
for the time being holding that office as may from time to time
be assigned to the Parliamentary Under-Secretary by that
Minister.
(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.
[Title 1] The House of Representatives
Section 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
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".
Section 11 Oath of allegiance to be taken by members of Parliament
(1) A member of Parliament shall not be permitted to sit or vote
in the House of Representatives until that member has taken the
Oath of Allegiance in the form prescribed in section 17 of the
Oaths and Declarations Act 1957.
(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.
Section 12 Election of Speaker
The House of Representatives shall, at its first meeting after
any general election of its members, and immediately on its
first meeting after any vacancy occurs in the office of Speaker,
choose one of its members as its Speaker, and every such
choice shall be effective on being confirmed by the Governor-
General.
Section 13 Speaker to continue in office notwithstanding dissolution or expiration of Parliament
A person who is in office as Speaker immediately before the
dissolution or expiration of Parliament shall, notwithstanding
that dissolution or expiration, continue in office until the close
of polling day at the next general election unless that person
sooner vacates office as Speaker.
Section 14 Parliament
(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.
Section 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.
Section 16 Royal assent to Bills
A Bill passed by the House of Representatives shall become law
when the Sovereign or the Governor-General assents to it and
signs it in token of such assent.
Section 17 Term of Parliament
(1) The term of Parliament shall, unless Parliament is sooner
dissolved, be 3 years from the day fixed for the return of the
writs issued for the last preceding general election of members
of the House of Representatives, and no longer.
(2) Section 189 of the Electoral Act 1956 shall apply in respect
of subsection (1) of this section.
Section 18 Summoning, proroguing, and dissolution of Parliament
(1) The Governor-General may be Proclamation summon
Parliament to meet at such place and time as may be appointed
therein, notwithstanding that when the Proclamation is signed or
when it takes effect Parliament stands prorogued to a particular
date.
(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.
Section 19 First meeting of Parliament after general election
After any general election of members of the House of
Representatives, Parliament shall meet not later than 6 weeks
after the day fixed for the return of the writs for that election.
Section 20 Carrying over of Parliamentary business
Where the House of Representatives resolves that any Bill,
petition, or other business before it or any of its committees be
carried over to the next session of Parliament (whether the same
Parliament or not), that Bill, petition, or other business shall not
lapse upon the prorogation or dissolution or expiration of the
Parliament in being when that resolution is passed but shall be
carried over accordingly.
[Title 3] Parliament and Public Finance
Section 21 Bills appropriating public money
The House of Representatives shall not pass any Bill
Section 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 raise a loan or to receive any money as a loan from any
person; or
(c) To spend any public money.
Section 23 Protection of Judges against removal from office
A Judge of the High Court shall not be removed
Section 24 Salaries of Judges not to be reduced
The salary of a Judge of the High Court shall not be reduced
Section 25 General Assembly Library to be known as the Parliamentary Library
(1) The Library heretofore known as the General Assembly
Library shall, as from the commencement of this Act, be
known as the Parliamentary Library.
(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.
Section 26 United Kingdom enactments ceasing to have effect as part of the law of New Zealand
(1) As from the commencement of this Act the following
enactments of the Parliament of the United Kingdom, namely,
(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.
Section 27 Consequential amendments to other enactments
The enactments specified in the First Schedule to this Act are
hereby amended in the manner indicated in that Schedule.
Section 28 Repeals
(1) The enactments specified in the Second Schedule to this Act
are hereby repealed.
(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.
Section 29 Transitional and consequential provisions relating to Parliament
(1) The Parliament in being at the commencement of this Act
(before the commencement of this Act called the General
Assembly) shall continue in accordance with and subject to the
provisions of this Act.
(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.
{ Adopted: 1990 / Status: 1990 }
[Preamble]
An Act
(a) To affirm, protect, and promote human rights and funda-
mental freedoms in New Zealand; and
(b) To affirm New Zealand's commitment to the International
Covenant on Civil and Political Rights.
Section 1 Short Title
(1) This Act may be cited as the New Zealand Bill of Rights
Act 1990.
(2) This Act shall come into force on the 28th day after the date
on which it recieves the Royal assent.
Section 2 [Rights Affirmed]
The rights and freedoms contained in this Bill of Rights are
affirmed.
Section 3 [Application]
This Bill of rights applies only to acts done
(a) By the legislative, executive, or judicial branches of the
government of New Zealand; or
(b) By any person or body in the performance of any public
function, power, or duty conferred or imposed on that person
or body by or pursuant to law.
Section 4 [Other Enactments]
No court
(a) Hold any provision of the enactment to be impliedly
repealed or revoked, or to be in any way invalid or ineffective;
or
(b) Decline to apply any provision of this enactment by reason
only that the provision is inconsistent with any provision of this
Bill of Rights.
Section 5 [Justified Limitations]
Subject to Section 4 of this Bill of Rights, the rights and
freedoms contained in this Bill of Rights may be subject only to
such reasonable limits prescribed by law as can be demonstra-
bly justified justified in a free and democratic society.
Section 6 [Interpretation]
Wherever an enactment can be given a meaning that is
consistent with the rights and freedoms contained in this Bill of
Rights, that meaning shall be preferred to any other meaning.
Section 7 [Attorney-General's Report]
Where any Bill is introduced into the House of Representatives,
the Attorney-General shall,
(a) In the case of a Government Bill, on the introduction of that
Bill; or
(b) In any other case, as soon as practicable after the introduc-
tion of the Bill, bring to the attention of the House of Represen-
tatives any provision in the Bill that appears to be inconsistent
with any of the rights and freedoms in this Bill of Rights.
[Title 1] Life and the Security of the Person
Section 8 [Life]
No one shall be deprived of life except on such grounds as are
established by law and are consistent with the principles of
fundamental justice.
Section 9 [Torture, Cruel Treatment]
Everyone has the right not to be subjected to torture or to cruel,
degrading, or disproportionately severe treatment or punish-
ment.
Section 10 [Experimentation]
Every person has the right not to be subjected to medical or
scientific experimentation without that person's consent.
Section 11 [Medical Treatment]
Everyone has the right to refuse to undergo any medical
treatment.
[Title 2] Democratic and Civil Rights
Section 12 [Electoral rights]
Every New Zealand citizen who is of or over the age of 18
years
(a) Has the right to vote
(b) Is qualified for membership of the House of Representa-
tives.
Section 13 [Freedom of Thought, Conscience, and Religion]
Everyone has the right to freedom of thought, conscience,
religion, and belief, including the right to adopt and hold
opinions without interference.
Section 14 [Freedom of expression]
Everyone has the right to freedom of expression
Section 15 [Religion and Belief]
Every person has the right to manifest that person's religion or
belief
Section 16 [Assembly]
Everyone has the right of peaceful assembly.
Section 17 [Association]
Everyone has the right to freedom of association.
Section 18 [Movement]
(1) Everyone lawfully in New Zealand has the right to freedom
of movement and residence in New Zealand.
(2) Every New Zealand citizen has the right to enter New
Zealand.
(3) Everyone has the right to leave New Zealand.
(4) No one who is not a New Zealand citizen and who is
lawfully in New Zealand shall be required to leave New
Zealand except under a decision taken on grounds prescribed by
law.
[Title 3] Non-Discrimination and Minority Rights
Section 19 [Freedom from Discrimination]
(1) Everyone has the right to freedom from discrimination on
the ground of colour, race, ethnic or national origins, sex,
marital status, or religious or ethical belief.
(2) Measures taken in good faith for the purpose of assisting or
advancing persons or groups of persons disadvantaged because
of colour, race, ethnic or national origins, sex, marital status,
or religious or ethical belief do not constitute discrimination.
Section 20 [Rights of Minorities]
A person who belongs to an ethnic, religious, or linguistic
minority in New Zealand shall not be denied the right, in
community with other members of that minority, to enjoy the
culture, to profess and practise the religion, or to use the
language, of that minority.
[Title 4] Search, Arrest, and Detention
Section 21 [Unreasonable Search and Seizure]
Everyone has the right to be secure against unreasonable search
or seizure, whether of the person, property, or correspondence,
or otherwise.
Section 22 [Personal Liberty]
Everyone has the right not to be arbitrarily arrested or detained.
Section 23 [Arrest]
(1) Everyone who is arrested or who is detained under any
enactment
(a) Shall be informed at the time of the arrest or detention of
the reason for it; and
(b) Shall have the right to consult and instruct a lawyer without
delay and to be informed of that right; and
(c) Shall have the right to have the validity of the arrest or
detention determined without delay by way of habeas corpus
and to be released if the arrest or detention is not lawful.
(2) Everyone who is arrested for an offence has the right to be
charged promptly or to be released.
(3) Everyone who is arrested for an offence and is not released
shall be brought as soon as possible before a court or competant
tribunal.
(4) Everyone who is
(a) Arrested; or
(b) Detained under any enactment
for any offence or suspected offence shall have the right to
refrain from making any statement and to be informed of that
right.
(5) Everyone deprived of liberty shall be treated with humanity
and with respect for the inherent dignity
Section 24 [Criminal Justice]
Everyone who is charged with an offence
(a) Shall be informed promptly and in detail of the nature and
cause of the charge; and
(b) Shall be released on reasonable terms and conditions unless
there is just cause for continued detention; and
(c) Shall have the right to consult and instruct a lawyer; and
(d) Shall have the right to adequate time and facilities to
prepare a defence; and
(e) Shall have the right, except in the case of an offence under
military law tried before a military tribunal, to the benefit of a
trial by jury when the penalty for the offence is or or includes
imprisonment for more than 3 months; and
(f) Shall have the right to receive legal assistance without cost if
the interests of justice so require and the person does not have
sufficient means to provide for that assistance; and
(g) Shall have the right to have the free assistance of an
interpreter if the person cannot understand or speak the
language used in court.
Section 25 [Fair Trial]
Everyone who is charged with an offence has, in relation to the
determination of the charge, the following minimum rights:
(a) The right to a fair and public hearing by an independent
(b) The right to be tried without undue delay:
(c) The right to be presumed innocent until proved guilty
according to law:
(d) The right not to be compelled to be a witness or to confess
guilt:
(e) The right to be present at the trial and to present a defence:
(f) The right to examine the witnesses for the prosecution and
to obtain the attendance and examination of witnesses for the
defence under the same conditions as the prosecution:
(g) The right, if convicted of an offence in respect of which the
penalty has been varied between the commission of the offence
and sentencing, to the benefit of the lesser penalty:
(h) The right, if convicted of the offence, to appeal according to
the law to a higher court against the conviction or against the
sentence or against both:
(i) The right, in the case of a child, to be dealt with in a
manner that takes account of the child's age.
Section 26 [Nulla Poena Sine Lege, Double Jepordy]
(1) No one shall be liable to conviction of any offence on
account of any act or omission which did not constitute an
offence by such person under the law of New Zealand at the
time it occured.
(2) No one who has been finally acquitted or convicted of, or
pardoned for, an offence shall be tried or punished for it again.
Section 27 [Remedies]
(1) Every person has the right to the observance of the
principles of natural justice by any tribunal or other public
authority which has the power to make a determination in
respect of that person's right, obligations, or interests protected
or recognised by law.
(2) Every person has the right to the observance of the
principles of natural justice by any tribunal or other public
authority which has the power to make a determination in
respect of that person's right, obligations, or interests protected
or recognised by law.
(3) Every person has the right to bring civil proceedings
against, and to defend civil proceedings brought by, the Crown,
and to have those proceedings heard, according to law, in the
same way as civil proceedings between individuals.
Section 28 [Other Rights and Rreedoms]
An existing right or freedom shall not be held to be abrogated
or restricted by reason only that the right or freedom is not
included in this Bill of Rights or is included only in part.
Section 29 [Legal Persons]
Except where the provisions of this Bill of Rights otherwise
provide, the provisions of this Bill of Rights apply, so far as
practicable, for the benefit of all legal persons as well as for the
benefit of all natural persons.