The New Zealand Parliament () is the unicameral legislature of New Zealand, consisting of the monarch (represented by the governor-general) and the New Zealand House of Representatives. It was established in 1854 and is one of the oldest continuously functioning legislatures in the world. It was bicameral until the abolition of the New Zealand Legislative Council at the end of 1950. Parliament's seat, the capital of New Zealand, has been Wellington since 1865. It has met in its current building, Parliament House, since 1922.
The House of Representatives normally consists of 120 members of Parliament (MPs), though sometimes more due to overhang seats. There are 72 MPs elected directly in electorates while the remainder of seats are assigned to list MPs based on each party's share of the total party vote. Māori were represented in Parliament from 1867, and in 1893 women gained the vote. Although elections can be called early, every three years Parliament is dissolved and goes up for reelection.
Parliament is supreme over all other government institutions. The legislature is closely linked to the executive. The New Zealand Government comprises a prime minister (head of government) and other ministers; in accordance with the principle of responsible government, they are always selected from and accountable to the House of Representatives.
Neither the monarch (currently ) nor his governor-general participates in the legislative process, save for signifying the King's approval to a bill passed by the House, known as the granting of the royal assent, which is necessary for a bill to be enacted as law. The governor-general formally summons and dissolves Parliament—the latter in order to call a general election.
Terminology In New Zealand the term 'parliament' is used in several different senses. Strictly, it refers to the legislature, consisting of the monarch (represented by the governor-general) and the House of Representatives, the topic of this article. Secondly, it is often used to refer to just the House of Representatives. Thirdly, it can mean each assembly of MPs voted into office by a general election; in this sense, the 1st Parliament sat from 24 May 1854 to 15 September 1855, and the current Parliament, which started on 5 December 2023, is the 54th. Lastly, 'Parliament' may refer to a physical place: most specifically the debating chamber where MPs normally meet, also the whole Parliament House (in which the chamber is situated), and more generally this and the several other Parliament Buildings.
History Background
The New Zealand Parliament is modelled on the Westminster system of parliamentary representation, developed in the United Kingdom of Great Britain and Ireland. This system can be traced back to the "Model Parliament" of 1295. Over the centuries, parliaments progressively limited the powers of the monarchy, resulting in what came to be known as constitutional monarchy. The Bill of Rights 1688 (which remains in force as received law in New Zealand) established a system where parliaments would be regularly elected. Among its provisions, it set out parliament's role in taxation and supply. The Bill of Rights also confirmed the absolute privilege for freedom of speech in parliament.
The British Government issued the Charter for Erecting the Colony of New Zealand on 16 November 1840. This established the Colony of New Zealand as a Crown colony separate from New South Wales on 3 May 1841. The charter created a Legislative Council, which consisted of the governor of New Zealand, the colonial secretary and colonial treasurer (who comprised the Executive Council), and three justices of the peace appointed by the governor. It had the power to issue ordinances (statutory instruments). However, Crown colonies were not self-governing. Many British settlers did not like the Legislative Council, and from the 1840s they wanted self-government.
The British Parliament passed the New Zealand Constitution Act 1846, which was intended to establish a General Assembly for the colony, consisting of a Governor-in-Chief, a House of Representatives and a Legislative Council. However, the new governor, George Grey, argued that the settlers could not be trusted to pass laws that would protect the interests of the Māori majority. Consequently the British Parliament passed the Government of New Zealand Act 1848, which suspended the establishment of the General Assembly for another five years.
Establishment The New Zealand parliament was created by the New Zealand Constitution Act 1852, an act of the British Parliament. The act established the General Assembly, later commonly known as Parliament, a bicameral legislature consisting of the governor of New Zealand, the House of Representatives (the lower house), and the Legislative Council (the upper house). The Council was formed by reconstituting the older Legislative Council. The members of the House were elected under the first-past-the-post (FPP) voting system, while those of the Council were appointed by the governor. The first members were sworn in on 24 May 1854 in Auckland.
The Constitution Act also conferred legislative power on New Zealand's provinces (originally six in number), each of which had its own elected provincial council. The councils were able to legislate for their provinces on most subjects. New Zealand was never a federation comparable to Canada or Australia; Parliament could legislate concurrently with the provinces on any matter, and in the event of a conflict, the law passed by Parliament would prevail. Over a twenty-year period, political power was progressively centralised and the provinces were abolished in 1876.
Legislative Council abolished Initially, members of the Legislative Council were appointed for life, but from the 1890s they were appointed for renewable seven-year terms. This change, coupled with responsible government (whereby the premier advised the governor on Council appointments) and party politics, meant that by the 20th century, the government usually controlled the Council as well as the House, and the passage of bills through the upper house became a mere formality. The Legislative Council Abolition Act 1950 brought the Council to an end, effective on 1 January 1951, making the New Zealand legislature unicameral.Palmer, Geoffrey. "The Constitutional Significance of the Abolition of the Legislative Council in 1950." The New Zealand Journal of Public and International Law 15, no. 1 (2017): 123–47. At the end the Council had fifty-four members, including its speaker. It sat for the last time on 1 December 1950.
Modern independent legislature
The New Zealand Parliament was originally subordinate to the British Parliament, the supreme legislative authority for the entire British Empire, although, in practice, Britain's role was minimal from the 1890s. The New Zealand Parliament received progressively more control over New Zealand affairs through the passage of Imperial (British) laws such as the Colonial Laws Validity Act 1865, constitutional amendments, and an increasingly hands-off approach by the British government. In 1947, the New Zealand Parliament passed the Statute of Westminster Adoption Act, and the British Parliament passed the New Zealand Constitution Amendment Act 1947, giving the New Zealand Parliament legislative sovereignty – unrestricted power to make New Zealand's laws – and the ability to regulate its own composition. In 1973 a further amendment, the New Zealand Constitution Amendment Act 1973, expanded the territorial jurisdiction of New Zealand's parliament.
The Constitution Act 1986 finally removed the power of the British Parliament to pass laws affecting New Zealand (which was by then only with New Zealand's consent), restating the few remaining provisions of the 1852 Act, consolidating the legislation establishing Parliament. It also officially replaced the name "General Assembly" with "Parliament", which was already the term popularly used.
Proposals for a senate In September 1950, the National government of Sidney Holland set up a constitutional reform committee chaired by Ronald Algie to consider an alternative second chamber. A report produced by the committee in 1952 proposed a nominated senate, with 32 members, appointed by leaders of the parties in the House of Representatives according to the parties' strength in that House. Senators would serve for three-year terms, and be eligible for reappointment. The senate would have the power to revise, initiate or delay legislation, to hear petitions, and to scrutinise regulations and Orders in Council, but the proposal was rejected by the prime minister and by the Labour opposition, which had refused to nominate members to the committee.Memoirs: 1912–1960, Sir John Marshall, Collins, 1984, 159–60
After the 1990 election, the National government of Jim Bolger proposed the establishment of an elected senate, thereby reinstating a bicameral system, and a Senate Bill was drafted. Under the bill, the senate would have 30 members, elected by STV from six senatorial districts, four in the North Island and two in the South Island. Like the former Legislative Council it would not have powers to amend or delay money bills. The intention was to include a question about a senate in the second referendum on electoral reform. Voters would be asked whether or not they wanted a senate, in the event that a new voting system was rejected. However, following objections from the Labour opposition, which derided it as a red herring, and other supporters of the mixed-member proportional representation system,Submission: Electoral Reform Bill (February 1993) the senate question was removed by the Select Committee on Electoral Reform.
In 2010, the New Zealand Policy Unit of the Centre for Independent Studies proposed a senate in the context of the 2011 referendum on MMP. They proposed a proportionally-elected upper house made up 31 seats elected using a proportional list vote by region, with the House of Representatives elected by FPP and consisting of 79 seats.
Composition The New Zealand parliament, when created in 1852, consisted of the governor of New Zealand, the Legislative Council, and the House of Representatives. The Legislative Council was abolished at the end of 1950. The New Zealand Parliament now statutorily consists of the monarch of New Zealand, who is represented by the governor-general of New Zealand, and the House of Representatives.
Monarch and viceregal representative
The monarch of New Zealand – currently , represented in New Zealand by the governor-general, currently Dame Cindy Kiro – is one of the components of Parliament. This results from the role of the monarch to sign into law (i.e. give royal assent to) the bills that have been passed by the House of Representatives. MPs must make an oath or affirmation of allegiance to the monarch before they may take their seat, and the official opposition is traditionally dubbed His Majesty's Loyal Opposition.
House of Representatives
The House of Representatives was established as a lower house. Since 1951 it has been the Parliament's sole house. Parliamentary elections have been using the mixed-member proportional (MMP) system, a hybrid of first-past-the-post and closed party-list proportional representation, since 1996. The House consists of 120 members of Parliament (MPs), elected to a three-year term. There are 71 MPs representing single-member electorates of roughly the same population, while the remainder are list MPs. These MPs assemble to represent the people, pass laws and supervise the work of government. Members also form select committees of the House, appointed to deal with particular areas or issues.