Constitution Act 1986
Public Act 1986 No 114
Date of assent 13 December 1986
Contents
Page
Title 3
1 Short Title and commencement 3
Part 1
The Sovereign
2 Head of State 3
3 Exercise of royal powers by the Sovereign or the
GovernorGeneral
3
3A Advice and consent of Executive Council 3
3B Exercise of powers and duties by Administrator 4
4 Regency 4
5 Demise of the Crown 5
Part 2
The Executive
6 Ministers of Crown to be members of Parliament 5
7 Power of member of Executive Council to exercise
Minister’s powers
6
8 Appointment of Parliamentary UnderSecretaries 6
9 Functions of Parliamentary UnderSecretaries 6
9A SolicitorGeneral may perform functions of
AttorneyGeneral
7
9B Appointment of person to act in place of SolicitorGeneral 7
9C Delegation of powers of AttorneyGeneral and
SolicitorGeneral
8
Part 3
The legislature
The House of Representatives
10 House of Representatives 8
11 Oath of allegiance to be taken by members of Parliament 9
12 Election of Speaker 9
1
Constitution Act 1986
Reprinted as at
3 September 2007
13 Speaker to continue in office notwithstanding dissolution
or expiration of Parliament
9
Parliament
14 Parliament 10
15 Power of Parliament to make laws 10
16 Royal assent to Bills 10
17 Term of Parliament 10
18 Summoning, proroguing, and dissolution of Parliament 11
19 First meeting of Parliament after general election 11
20 Lapse or reinstatement of parliamentary business 11
Parliament and public finance
21 Bills appropriating public money [Repealed] 12
22 Parliamentary control of public finance 12
Part 4
The judiciary
23 Protection of Judges against removal from office 12
24 Salaries of Judges not to be reduced 13
Part 5
Miscellaneous provisions
25 General Assembly Library to be known as the
Parliamentary Library
13
26 United Kingdom enactments ceasing to have effect as part
of the law of New Zealand
13
27 Consequential amendments to other enactments 14
28 Repeals 14
29 Transitional and consequential provisions relating to
Parliament
14
Schedule 1 15
Consequential amendments
Schedule 2 21
Enactments repealed
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
2
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3 September 2007 Constitution Act 1986 Part 1 s 3A
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:
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.
Part 1
The Sovereign
2 Head of State
(1) The Sovereign in right of New Zealand is the head of State of
New Zealand, and shall be known by the royal style and titles
proclaimed from time to time.
(2) The GovernorGeneral appointed by the Sovereign is the
Sovereign’s representative in New Zealand.
3 Exercise of royal powers by the Sovereign or the
GovernorGeneral
(1) Every power conferred on the GovernorGeneral by or under
any Act is a royal power which is exercisable by the Gov
ernorGeneral on behalf of the Sovereign, and may accord
ingly be exercised either by the Sovereign in person or by the
GovernorGeneral.
(2) Every reference in any Act to the GovernorGeneral in Coun
cil or any other like expression includes a reference to the
Sovereign acting by and with the advice and consent of the
Executive Council.
Compare: 1983 No 20 s 3
3A Advice and consent of Executive Council
(1) The Sovereign or the GovernorGeneral may perform a func
tion or duty, or exercise a power, on the advice and with the
consent of the Executive Council if that advice and consent
3
Part 1 s 3B Constitution Act 1986
Reprinted as at
3 September 2007
are given at a meeting of the Executive Council at which nei
ther the Sovereign nor the GovernorGeneral is present if the
Sovereign or the GovernorGeneral is prevented from attend
ing the meeting by some necessary or reasonable cause.
(2) The performance of the function or duty, or the exercise of the
power takes effect from the date of the meeting unless another
time is specified for the performance of the function or duty,
or for the exercise of the power, to take effect.
(3) Neither the validity of the performance of the function or duty,
nor the validity of the exercise of the power, can be challenged
in any legal proceedings on the ground that the Sovereign or
the GovernorGeneral was not prevented from attending the
meeting of the Executive Council by some necessary or rea
sonable cause.
Compare: 1924 No 11 s 23; 1983 No 22 s 3
Sections 3A and 3B were inserted, as from 1 November 1999, by section 2 Con
stitution 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 GovernorGeneral, or exercise a power
conferred on the GovernorGeneral, if—
(a) The office of GovernorGeneral is vacant; or
(b) TheGovernorGeneral 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 GovernorGeneral 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
Sections 3A and 3B were inserted, as from 1 November 1999, by section 2 Con
stitution 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
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3 September 2007 Constitution Act 1986 Part 2 s 6
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 au
thority of the GovernorGeneral 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) 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 Ex
ecutive Council or as a Minister of the Crown if that
person was a candidate for election at the general elec
tion 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 beginningwith the date of the appoint
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Part 2 s 7 Constitution Act 1986
Reprinted as at
3 September 2007
ment 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.
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 anymember of the Executive Coun
cil.
Compare: 1924 No 11 s 25(e)
8 Appointment of Parliamentary UnderSecretaries
(1) The GovernorGeneral may from time to time, by warrant
under the GovernorGeneral’s hand, appoint any member of
Parliament to be a Parliamentary UnderSecretary in relation
to such Ministerial office or offices as are specified in that be
half in the warrant of appointment.
(2) A Parliamentary UnderSecretary shall hold office as such dur
ing the pleasure of the GovernorGeneral, but shall in every
case vacate that office within 28 days of ceasing to be a mem
ber of Parliament.
Compare: 1979 No 33 12; 1985 No 48 s 5
9 Functions of Parliamentary UnderSecretaries
(1) A Parliamentary UnderSecretary 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
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3 September 2007 Constitution Act 1986 Part 2 s 9B
be assigned to the Parliamentary UnderSecretary by thatMin
ister.
(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
UnderSecretary in respect of any Ministerial office purports
to exercise or perform any function, duty, or power of theMin
ister concerned shall be conclusive evidence of that person’s
authority to do so.
Compare: 1979 No 33 s 14
9A SolicitorGeneral may perform functions of
AttorneyGeneral
The SolicitorGeneral may perform a function or duty im
posed, or exercise a power conferred, on the AttorneyGen
eral.
Compare: 1924 No 11 s 4; 1952 No 81 s 27
Sections 9A to 9C were inserted, as from 1 November 1999, by section 3 Con
stitution Amendment Act 1999 (1999 No 86).
9B Appointment of person to act in place of SolicitorGeneral
(1) The GovernorGeneral may appoint a barrister or solicitor of
at least 7 years’ practice to act—
(a) In place of, or for, the SolicitorGeneral during the ab
sence from office of the SolicitorGeneral or if the So
licitorGeneral is incapacitated in a way that affects the
performance of his or her duties; or
(b) During a vacancy in the office of SolicitorGeneral.
(2) The performance of a function or duty or the exercise of a
power by a person appointed under subsection (1) is, in the
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
Sections 9A to 9C were inserted, as from 1 November 1999, by section 3 Con
stitution Amendment Act 1999 (1999 No 86).
7
Part 2 s 9C Constitution Act 1986
Reprinted as at
3 September 2007
9C Delegation of powers of AttorneyGeneral and
SolicitorGeneral
(1) The SolicitorGeneral may, with the written consent of the At
torneyGeneral, in writing delegate to a Deputy SolicitorGen
eral, any of the functions or duties imposed, or powers con
ferred, on the AttorneyGeneral.
(2) The SolicitorGeneral may in writing delegate to a Deputy
SolicitorGeneral any of the functions or duties imposed, or
powers conferred, on the SolicitorGeneral, except for the
power to delegate conferred by this subsection.
(3) A delegation is revocable and does not prevent the Attorney
General or the SolicitorGeneral 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 SolicitorGeneral 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.
Sections 9A to 9C were inserted, as from 1 November 1999, by section 3 Con
stitution 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) TheHouse 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.
(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
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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
Subsection (4) was amended, as from 17 May 2005, by section 3 Constitution
Amendment Act 2005 (2005 No 48) by substituting the expression “1993” for
the expression “1956”.
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 GovernorGeneral or a person authorised by the Governor
General to administer that oath.
Compare: New Zealand Constitution Act 1852, s 46 (UK); 1950 No 3 s 2(4)
Subsection (2) was inserted, as from 10 July 1987, by section 2 Constitution
Amendment 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
Part 3 s 14 Constitution Act 1986
Reprinted as at
3 September 2007
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 GovernorGeneral and the
House of Representatives.
Compare: New Zealand Constitution Act 1852, s 32 (UK); 1950 No 3 s 2(2)
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: New Zealand Constitution Act 1852, s 53 (UK); 1973 No 114 s 2;
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 GovernorGeneral 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) of this section.
Compare: 1956 No 107 s 12
Subsection (2) was substituted, as from 1 July 1994, by section 271 Electoral
Act 1993 (1993 No 87).
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18 Summoning, proroguing, and dissolution of Parliament
(1) The GovernorGeneral 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 GovernorGeneral 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 GovernorGeneral 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 theGovernorGeneral, 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.
Compare: New Zealand Constitution Act 1852, ss 44, 82 (UK)
Subsection (1A) was inserted, as from 1 December 2002, by section 117 Civil
Defence Emergency Management Act 2002 (2002 No 33). See sections 118 to
121 of that Act as to the transitional provisions.
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: The Bill of Rights, Article 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)—
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Part 3 s 21 Constitution Act 1986
Reprinted as at
3 September 2007
(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):
(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, af
ter that dissolution or expiration, the House of Representatives
resolves that the parliamentary business be reinstated in that
next session.
Section 20 was substituted, as from 17 May 2005, by section 4 Constitution
Amendment Act 2005 (2005 No 48).
Parliament and public finance
21 Bills appropriating public money
[Repealed]
Compare: New Zealand Constitution Act 1852, s 54 (UK)
Section 21 was repealed, as from 17 May 2005, by section 5 Constitution
Amendment 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: The Bill of Rights, Article 4 (UK); 1977 No 65 ss 53(1), 70
Paragraph (b) was substituted, as from 25 January 2005, by section 37(1) Public