New Zealand

New Zealand is a South Pacific island nation, located some 2,000 kilometers (1,250 miles) to the southeast of Australia. The country consists of two main inhabited islands (the North and South Islands) and a number of smaller islands. New Zealand covers a total area of 268,680 square kilometers (103,737 square miles; about the same size as Colorado) and has a population of 4 million people. The main ethnic groups as of the last general census in 2001 were European (70.1%), Maori (14%), Asian (6.4%), and Pacific Islander (6.2%).

The first inhabitants of New Zealand were the Maori people, believed to have reached New Zealand from Polynesia in about c.e. 800. Europeans began settling in the country in a somewhat haphazard manner following the first European landing in 1769 by British explorer Captain James Cook (1728–1779). The authority of the various Maori tribes over New Zealand (or Aotearoa, as Maori termed the land) continued to be recognized until 1840, when tribal leaders signed the Treaty of Waitangi with Britain. This document ceded sovereignty to the British, while guaranteeing Maori continued territorial and cultural rights.

Following the signing of the Treaty of Waitangi, the British began the first organized colonial settlement. Tensions over the colonists' demand for land led to a series of wars involving some Maori tribes and the British, which flared up sporadically between 1843 and 1872. Although these conflicts had an inconclusive military outcome, the sheer growth in the numbers of European inhabitants meant that Maori tribal authority largely had faded away by the end of the nineteenth century.

The British colony of New Zealand became an independent dominion in 1907, although it remained closely tied to the United Kingdom, supporting that country in both World War I (1914–1918) and World War II (1939–1945). Full political independence was only gained in 1947.

New Zealand is reasonably prosperous by global standards. It has a per capita gross domestic product of $22,300, equivalent to 73 percent of that of the United States. The country has a relatively low infant death rate (5.96 deaths/1,000 live births), a relatively high average life expectancy (78.5 years), and a serious crime rate that is lower than most other Western societies. However, social indicators for European New Zealanders generally are better than for Maori and Pacific Island inhabitants, who tend to be poorer, die younger, and be incarcerated at a higher rate.

In the 1930s, New Zealand adopted an extensive system of social welfare, much of which remains in place in the twenty-first century. Free health care and education (up to the age of 18), as well as a wide range of social benefit payments, are provided by the government.

the government

New Zealand has a stable democratic system of government based on the Westminster system. The settled nature of New Zealand's democratic system is underlined by the fact that no elected government has been subject to a violent or extra-constitutional overthrow. Locally elected representatives were first chosen in 1853, although the original right to vote was restricted to male property owners. All Maori men were given the vote in 1864, fifteen years before this right was extended to all European men. Women were granted suffrage in 1893, making New Zealand the first nation in the world to enfranchise its entire adult population.

New Zealand has an "unwritten" constitution in the sense that no single document sets out how the country's government is to operate. The basis for the exercise of governmental power instead lies in a mix of statutory law and "convention"—established practices not written into the law, but nevertheless regarded as binding by all political actors. Therefore, the expectations and understandings of New Zealand's political actors about how the country's constitutional system is meant to operate are as important as the formal legal rules.

The principal actors in New Zealand's system of government are the governor-general (representing the Sovereign of New Zealand), the prime minister and cabinet (the effective executive), and a 120-seat unicameral parliament (the House of Representatives) whose members are directly elected. The various relationships among these political actors are outlined in the following sections.

the treaty of waitangi in new zealand's constitutional order

New Zealand's historical genesis in the signing of the Treaty of Waitangi has invested that document with a quasi-constitutional significance. Technically the treaty is not a part of New Zealand's law, but in the early twenty-first century it has been interpreted as requiring the government (or "the Crown") to act in a partnership role with Maori. The exact meaning of this relationship is the subject of a great deal of controversy. It has been claimed that it ought to entitle Maori to exercise full tino rangitiratanga (tribal authority) over all matters which concern Maori. To this end, there are suggestions the treaty should be enshrined as a form of higher law, guaranteeing some form of devolved governmental power to the Maori tribes. This position is rejected by others who see it as resulting in a divided nation and who believe the treaty ought to be regarded as no more than an historical document with little relevance for today.

Whatever the future outcome of this ongoing debate over the meaning or status of the treaty, New Zealand's system of government already recognizes the special position of the Maori in a number of other ways. Along with English, te reo (the Maori language) is an official language of the country. Seven seats in Parliament are reserved for those voters of Maori descent who choose to register on a separate Maori roll. The obligation for governmental actors to consult with the Maori before carrying out their statutory duties is routinely written into Acts of Parliament. In this sense, New Zealand has made steps toward creating a bicultural system of government, even though final lawmaking power over all areas of society still lies in the hands of the generally elected parliament representing all New Zealanders.

governmental power in new zealand

New Zealand's system of government broadly reflects its colonial heritage. When local representation was first established in the nineteenth century, the Westminster style of government used in the United Kingdom was imported as a matter of course. This system was retained when New Zealand became a fully independent state in 1947, and the basic structure remained in place in the early 2000s. However, some changes to New Zealand's system of government have occurred (including the increased prominence given to the treaty just described). Most important, perhaps, was the adoption of a mixed-member proportional voting system in 1996, which has had a major impact on how governments are formed and operate. The exact nature of this change is outlined below, in the discussion of legislative power.

In theory, governmental power emanates downward from the sovereign, in 2005 Her Majesty Queen Elizabeth of New Zealand (who is actually the Queen of England, wearing a different crown). The sovereign is represented in New Zealand by a governor-general, who may exercise the powers allocated to the sovereign in New Zealand's constitutional framework. Holding quite extensive formal authority, the governor-general serves as the head of the armed forces, signs into law all bills passed by the country's parliament, has the power to appoint and dismiss all government ministers, and can dissolve parliament and call new elections.

However, actual governmental power in New Zealand lies in the hands of the prime minister, along with the cabinet. The prime minister is supported in that role by a majority of elected members of the country's parliament. The cabinet is the body that coordinates overall government policy. It consists of those individuals chosen by the prime minister to serve as ministers of the crown and

to hold governmental decision-making power over a particular policy area. Only elected members of parliament are eligible for appointment as prime minister or minister of the crown.

This entire system of government is underpinned by a binding convention that the queen (and her representative, the governor-general) must always follow the advice of the prime minister when wielding the powers assigned to her under New Zealand's constitutional framework. Although it is conceivable that the queen might one day refuse to do so, such an event would trigger a major constitutional crisis and would likely end with New Zealand declaring itself a republic.

Locating real governmental power in the office of the prime minister, along with the ministers who form his or her cabinet, follows basic democratic principles. The citizens directly elect members of parliament at each election, and the individuals supported by a majority of these members are then entitled to wield governmental power. This ensures that those wielding governmental power can be held accountable for their actions—both as individual members of parliament to the public at the next election and as government ministers to the parliament on whose ongoing majority support the government depends.

New Zealand's legislature, or parliament, consists of 120 elected members who sit in a single House of Representatives. This body has a dual role under New Zealand's constitution. It is the supreme lawmaking institution for society, with competency to pass legislation regarding any topic. In addition, parliament makes (and unmakes) governments. To govern, the prime minister and his or her ministers must be able to demonstrate that they have the support of a majority of parliament (at least, they must show this majority support exists in relation to certain important "issues of confidence or supply" that arise at various times throughout the year). If a government were to lose a vote on an issue of confidence and supply, then by convention the prime minister and cabinet must resign from office. And if no one else can secure the support of a majority of parliament to form a new government, then the governor-general dissolves parliament and calls a new election.

In 1996, New Zealand adopted a mixed-member proportional voting system for parliamentary elections. Voters get two votes under this system: one for the candidate they wish to see elected to represent their local electoral district (a "constituency vote"), and one for their preferred political party (a "party vote"). The candidate who receives the most constituency votes in each electoral district is thereby elected to parliament.

The central characteristic of the mixed-member proportional system is that once all of the sixty-nine constituency members have been identified, fifty-one additional parliamentary seats are distributed to all political parties that received more than 5 percent of the party vote so that the total number of seats in parliament held by each party is proportionate to its total, nationwide share of the party vote. Thus, a political party that receives 10 percent of the party vote across the country is entitled to 10 percent of the total number of members of parliament, irrespective of whether that party won any seats through the constituency vote. These additional party list seats are then filled from a ranked list of candidates drawn up by each party before the election is held.

The consequence of moving to this mixed-member proportional voting system has been to increase the number of political parties represented in parliament and to effectively stop any one party from winning a majority of the seats in parliament. Therefore, following each election, two or more parties have had to enter into a coalition arrangement to form a government with majority support in parliament. The advent of a mixed-member proportional system (along with coalition government) has been a mixed experience for New Zealand. Although it undoubtedly has led to a more representative parliament and required governments to consult more widely before trying to enact new laws, it has also created a greater level of instability in government.

Bureaucrats in New Zealand are called "public servants." As this title indicates, their role is to act in a neutral, nonpartisan manner to carry out the instructions of the government of the day. Any perceived political bias or partiality by public servants is treated as a matter of serious concern by both the public and the public service itself.

The judiciary has no constitutional power to override legislation passed by parliament and is meant simply to interpret and apply the law as passed by parliament. Judges are appointed by the government of the day, after consultation with the legal fraternity, but by convention such appointments are expected to be nonpartisan.

citizen participation, responsibilities, freedoms, rights, and liberties

As mentioned, New Zealand has no written constitution, and so the country has no equivalent to the U.S. Bill of Rights, nor does it have any judicial rights-based review of legislation. Nevertheless, New Zealand's citizens continue to enjoy all the rights and liberties one expects in a truly democratic nation,

and the country has a strong individual rights culture which is (on the whole) respected by the government.

Political Parties and Interest Groups. Any person may form (or join) any political party. There are no restrictions on the kinds of political parties that may be formed or the aims that they may pursue. Similarly, there are no restrictions on the kinds of interest (or pressure) groups that may operate in New Zealand. The major limit on how political parties and interest groups may operate is that overtly partisan political advertising is banned from the country's televisions, a move designed to ensure some equality of voice amongst all the different political actors.

Elections, Voting, and Citizen Participation. All New Zealand citizens over the age of eighteen may vote, as well as stand for parliament. It is a legal requirement that all eligible voters register to vote, although voting itself is not compulsory. Participation rates in New Zealand elections are relatively high; 73 percent of the population took part in the 2002 general election.

Personal Security. New Zealand's police force and armed services are nonpartisan, professional organizations with operational independence from the government of the day. They are subject to the rule of law, which the courts enforce by requiring that all arrested persons either be charged with a crime and presented before a judge or released from custody. Procedural safeguards—such as the right to open justice, the right to an attorney, and the right to a fair trial—are incorporated into the courts' practices. In addition, an independent Police Complaints Authority is empowered to investigate any accusation of wrongdoing on the part of the police force. New Zealand does not apply the death penalty to any offense.

See also: Australia; Constitutional Monarchy; Elections; Indigenous Peoples' Rights; Ombudsmen; Suffrage.

bibliography

Geddis, Andrew. "The General Election in New Zealand, July 2002." Electoral Studies 23 (2004):149–155.

King, Michael. The Penguin History of New Zealand, rev. ed. Auckland, New Zealand: Penguin Books, 2004.

Miller, Raymond, ed. New Zealand Government and Politics, 3rd ed. Auckland, New Zealand: Oxford University Press, 2003.

Mulgan, Richard. Politics in New Zealand, 3rd ed. Auckland, New Zealand: Auckland University Press, 2004.

New Zealand Electoral Commission. New Zealand's Electoral System. <http://www.elections.org.nz/esyst/index.html>.

New Zealand Parliament. <http://www.parliament.govt.nz>.

Orange, Claudia. The Treaty of Waitangi, 2nd ed. Wellington, New Zealand: Bridget Williams Books, 1996.

Palmer, Geoffrey, and Matthew Palmer. Bridled Power: New Zealand's Constitution and Government, 4th ed. Auckland, New Zealand: Oxford University Press, 2004.

Report of the Royal Commission on the Electoral System. Towards A Better Democracy. Wellington, New Zealand: Government Printing Service, 1986.

The Treaty of Waitangi Information Service. <http://www.treatyofwaitangi.govt.nz>.

Andrew Geddis