Legislation

This section looks at the key legal instruments establishing the monarchy, all of which are important in the republic debate. We provide an analysis the Constitution Act 1986, the Letters Patent 1983, and various other Acts of Parliament. We also provide an analysis of these Acts, and how they might be amended should New Zealand become a republic.

Replacing the Sovereign and Governor-General

Removing references to the Sovereign (the Queen) and the Governor-General from New Zealand's statute law (legislation written and approved by Parliament) is legally easy to do.

Top of the page

Statute of Westminster 1931

November 25 2007 marked the 60th anniversary of New Zealand's adoption of the Statute of Westminster 1931, which we adopted with the consent of Britain in 1947. Unlike the marking of the centenary of the Dominion declaration last month, the adoption of the Statute of Westminster was legally more significant, yet is more obscure. For the republic debate, two issues stand out: the length of time it took for New Zealand to adopt the Statute, and the constitutional implications of it.

Top of the page

Letters Patent 1983

The Letters Patent are a legal instrument that create and regulate the office of Governor-General, and set out some of the powers of the Sovereign. They are a product of the Royal prerogative.

Top of the page

Analysis of the Constitution Act 1986

The Constitution Act 1986 is the principle statement of New Zealand's unwritten constitution. The Act came into force from 1 January 1987, and replaced the New Zealand Constitution Act 1852, which was an Act of the British Parliament.

Top of the page