New Zealand Constitution Amendment (Request and Consent) Act 1947

The New Zealand Constitution Amendment (Request and Consent) Act 1947 (New Zealand public act no. 38) and New Zealand Constitution Amendment Act 1947 (10 & 11 Geo. VI c. 46) were two enactments passed by the Parliament of New Zealand and Parliament of the United Kingdom respectively. The Acts contributed to the independence of New Zealand, by granting the Parliament of New Zealand the complete ability to amend the New Zealand Constitution Act 1852, an enactment of the Parliament of the United Kingdom which established the institutions of responsible government in New Zealand.

Background

When the New Zealand Constitution Act 1852 was passed, the General Assembly established under the Act was unable to amend or repeal the Act. However, in 1857 the Parliament of the United Kingdom passed the New Zealand Constitution (Amendment) Act 1857, which allowed the New Zealand General Assembly the ability to amend certain provisions of the Act.^[1] This was taken up by the New Provinces Act 1858, and eventually the Abolition of the Provinces Act 1867.

When New Zealand adopted the Statute of Westminster 1931 with the Statute of Westminster Adoption Act 1947, the Parliament of New Zealand gained the ability to amend all enactments that were passed for New Zealand by the British Parliament. However, because the 1857 Act barred the Parliament of New Zealand from amending the Constitution Act, the New Zealand Parliament passed the New Zealand Constitution Amendment (Request and Consent) Act 1947.^[2] This was largely due to the desire of the opposition to abolish the New Zealand Legislative Council, the upper house, which was barred by the 1857 Act.

Effect

The New Zealand Constitution Amendment (Request and Consent) Act 1947, requested that the Parliament of the United Kingdom amend the New Zealand Constitution Act 1852, and consented to such changes (as required by the Statute of Westminster Adoption Act 1947). This is the only example of the Parliament of New Zealand requesting the Parliament of the United Kingdom to legislate on New Zealand's behalf, a process that was abolished with the Constitution Act 1986.

The United Kingdom Act was granted Royal Assent on 10 December 1947.^[3] The Legislative Council was abolished in 1951.

Repeal

The New Zealand Act was repealed by section 28 of the Constitution Act 1986.

References

↑ Noel Cox (19 October 2003). The Development of a Separate Crown in New Zealand. Auckland University of Technology.
↑ Philip Alston (1999). Promoting Human Rights Through Bills of Rights: Comparative Perspectives. Oxford University Press. ISBN 9780198258223.
↑ "UK Hansard 1800 - 2003". 1947. Retrieved 2009-03-23.

External links

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland Acts of the Parliament of Ireland to 1700 1701–1800

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes UK Statute Law Database Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament Acts and Measures of the National Assembly for Wales Acts of the Northern Ireland Assembly Acts of the Parliament of Northern Ireland Orders in Council for Northern Ireland

Orders-in-Council	Order in Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Act of Sederunt, Act of Adjournal

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