The Law of Succession to the Crown in New Zealand

There's been a few loose statements that New Zealand can simply charge ahead and change its succession law without bothering to consult with other Commonwealth realms (Commonwealth members where the Queen is head of state). Noel Cox, former chairman of Monarchy New Zealand, wrote in 1999:

Any change in the law of succession would have to be enacted in each of Her Majesty's realms, requiring detailed consultation to avoid the possibility of error. Such a proposal should be discussed in private first, not announced by the British Government almost as a fait accompli. The succession law in New Zealand is that of the United Kingdom prior to 1931, subject to potential statutory alteration by the New Zealand Parliament.

The House of Commons has a research paper which reaches a similar conclusion:

As a result of the Statute of Westminster it was recognized that any alterations in the rules of succession would no longer be imposed by Great Britain and, if symmetry among Commonwealth countries were to be maintained, any changes to the rules of succession would have to be agreed to by all members of the Commonwealth. This arrangement can be compared to a treaty among the Commonwealth countries to share the monarchy under the existing rules and not to change the rules without the agreement of all signatories.

Don't get me wrong, it would great if New Zealand's parliament charged ahead with this change - not for us, but for Canada and Australia. In both of those countries it would force the spotlight on the monarchy. We could also challenge the United Kingdom. As Keith Locke writes, if we're going to get rid of discrimination, it makes no sense to just remove discrimination against women (although that is important). Catholics are also discriminated against.

Comments

Rich d Rich's picture

It wouldn't have had the force of a treaty though, unless the agreement was tabled and voted on by parliament.


If NZ were to change its succession rules to differ from England, and William Windsor were to have a firstborn daughter (or Charles/William were to convert to Catholicism/Mormonism/Islam/Zoroastrianism) and hence the disqualified one succeeded to *our* throne, they would have the choice to refuse the throne (or immediately abdicate). If they didn't, they'd become monarch of NZ.

The only problem is, they might front up here and demand we build them palaces and buy them crown jewels. It could get expensive.

LJ Holden's picture

Technically it was passed by New Zealand, in 1947 (strangely repealed in 1985 though...)

Chair, Republican Movement - contact me online or call on +64 27 699 1350
Brian A's picture

One issue, on your last part you say if Kate was to convert, William would loose his place. This is of course incorrect, it only matters at the time of marriage. The classic example of this was the The Duke of Kent, who retained his place in the line of succession despite his wife converting to Catholicism in 1994 as she was not a Catholic when he married her in the 1960s. 

LJ Holden's picture

Opps - I confused him with Prince Michael. Will fix that.

Chair, Republican Movement - contact me online or call on +64 27 699 1350

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