New Zealand Parliament

{{Short description|Supreme unicameral legislature of New Zealand}}

{{Distinguish|New Zealand Parliament Buildings}}

{{Use New Zealand English|date=July 2024}}

{{Use dmy dates|date=August 2022}}

{{Infobox Parliament

| name = New Zealand Parliament

| native_name = Pāremata Aotearoa

| legislature = 54th Parliament

| coa_pic = Coat of arms of New Zealand.svg

| coa_res =

| session_res =

| house_type = Unicameral

| houses = House of Representatives

| crown-in-parl = King of New Zealand

| foundation = {{start date|1854|5|24|df=yes}} (first sitting)

| leader1_type = Monarch

| leader1 = Charles III

| election1 = 8 September 2022

| leader2_type = {{nowrap|Governor-General}}

| leader2 = Dame Cindy Kiro

| election2 = 21 October 2021

| leader3_type = Speaker

| leader3 = Gerry Brownlee

| party3 = National Party

| election3 = 5 December 2023

| leader4_type = Deputy Speaker

| leader4 = Barbara Kuriger

| party4 = National Party

| election4 = 6 December 2023

| leader5_type = Prime Minister

| leader5 = Christopher Luxon

| party5 = National Party

| election5 = 27 November 2023

| leader6_type = Leader of the House

| leader6 = Chris Bishop

| party6 = National Party

| election6 = 27 November 2023

| leader7_type = Leader of the Opposition

| leader7 = Chris Hipkins

| party7 = Labour

| election7 = 27 November 2023

|leader8_type = Shadow Leader of the House

|leader8 = Kieran McAnulty

|party8 = Labour

|election8 = 30 November 2023

| members = 123

| house1 = House

| structure1 = 54th New Zealand Parliament.svg

| structure1_res = 275px

| political_groups1 =

Government (68)

  • {{nowrap|{{color box|border=silver|{{party color|New Zealand National Party}}}} National}} (49)
  • {{nowrap|{{color box|border=silver|{{party color|ACT New Zealand}}}} ACT}} (11)
  • {{nowrap|{{color box|border=silver|{{party color|New Zealand First}}}} NZ First}} (8)

Official Opposition (34)

  • {{nowrap|{{color box|border=silver|{{party color|New Zealand Labour Party}}}} Labour}} (34)

Crossbench (21)

  • {{nowrap|{{color box|border=silver|{{party color|Green Party of Aotearoa New Zealand}}}} Green}} (15)
  • {{nowrap|{{color box|border=silver|{{party color|Māori Party}}}} Māori}} (6)

| term_length = Up to three years

| voting_system1 = Mixed-member proportional representation

| last_election1 = 14 October 2023

| next_election1 = On or before 19 December 2026

| session_room = Parliament House, Wellington, New Zealand (79).JPG

| meeting_place = Parliament House, Wellington

| website = {{URL|www.parliament.nz}}

}}

{{Politics of New Zealand |expanded = Legislature }}

The New Zealand Parliament ({{langx|mi|Pāremata Aotearoa}}) is the unicameral legislature of New Zealand, consisting of the Sovereign and the New Zealand House of Representatives. The King is usually represented by his governor-general.{{cite encyclopedia |last = McLean |first = Gavin |title=Governors and governors-general – Constitutional duties |url = https://teara.govt.nz/en/governors-and-governors-general/page-3 |encyclopedia=Te Ara: The Encyclopedia of New Zealand |access-date=1 July 2017 |date=28 September 2016 }} Before 1951, there was an upper chamber, the New Zealand Legislative Council. The New Zealand Parliament was established in 1854 and is one of the oldest continuously functioning legislatures in the world.{{cite encyclopedia |first = John E. |last=Martin |title = Parliament |url = http://teara.govt.nz/en/parliament |encyclopedia=Te Ara: The Encyclopedia of New Zealand |date=17 February 2015 |access-date=30 August 2016 }} It has met in Wellington, the capital of New Zealand, since 1865 and in its current building 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 King Charles III) 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 a few different senses. Firstly, the term refers to the entire legislative branch consisting of the King (whose constitutional role in the legislative process is limited) and the House of Representatives. Secondly, it can mean each group of MPs voted into office following a general election. In this sense, the 1st Parliament sat from 24 May 1854 to 15 September 1855. The current Parliament, which started on 5 December 2023, is the 54th.{{Cite web |title=Opening of the 54th Parliament – New Zealand Parliament |url=https://www.parliament.nz/en/visit-and-learn/parliament-in-election-year/opening-of-the-54th-parliament/ |access-date=2023-11-27 |website=www.parliament.nz |language=en}}

Lastly, "Parliament" may also refer to a physical place: most specifically the debating chamber where MPs meet, also the building in which the chamber is housed (normally Parliament House, Wellington{{cite web |title=Chapter 11 The Chamber, Buildings and Grounds |url=https://www.parliament.nz/en/visit-and-learn/how-parliament-works/parliamentary-practice-in-new-zealand/chapter-11-the-chamber-buildings-and-grounds/ |website=www.parliament.nz |publisher=New Zealand Parliament |access-date=2 February 2023 |language=en |date=8 June 2017}}), and more generally still this building and the several other buildings in which MPs have their offices.{{cite news |last1=Steeds |first1=Bernard |title=Within the corridors of power |url=https://www.nzgeo.com/stories/within-the-corridors-of-power/ |access-date=2 February 2023 |work=New Zealand Geographic |issue=63 |language=en-NZ |date=May–June 2003}}{{cite news |last1=Craymer |first1=Lucy |title=Anti-government protesters gather outside New Zealand's parliament |url=https://www.reuters.com/world/asia-pacific/anti-government-protesters-gather-outside-new-zealands-parliament-2022-08-23/ |newspaper=Reuters |access-date=2 February 2023 |date=23 August 2022}}

History

=Westminster model=

{{See also|History of parliamentarism#Britain and the Commonwealth}}

The New Zealand Parliament is specifically 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.{{cite web |title=Parliament Brief : What is Parliament? |url=https://www.parliament.nz/en/visit-and-learn/how-parliament-works/fact-sheets/pbrief7/ |publisher=New Zealand Parliament |access-date=2 July 2018 |date=21 March 2014}}

Over the centuries, parliaments progressively limited the power of the monarchy (constitutional monarchy). The Bill of Rights 1688 (which remains in force as received law in New Zealand){{cite web |title=Bill of Rights 1688 No 2 (as at 26 March 2015), Imperial Act |url=http://www.legislation.govt.nz/act/imperial/1688/0002/latest/whole.html |publisher=Parliamentary Counsel Office |access-date=11 November 2018 |language=en-NZ |date=16 December 1689}} 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.

=Establishment=

As early as 1846 the British settlers in New Zealand petitioned for self-government.{{cite encyclopedia |last1=McIntyre |first1=W. David |author-link=W. David McIntyre |title=Self-government and independence – Crown Colony |url=https://teara.govt.nz/en/self-government-and-independence/page-1 |encyclopedia=Te Ara: The Encyclopedia of New Zealand |access-date=2 July 2018 |date=20 June 2012}} The New Zealand Parliament was created by the New Zealand Constitution Act 1852, an act of the British Parliament,{{cite encyclopedia |last1=McIntyre |first1=W. David |title=Self-government and independence – Constitution Act 1852 |url=https://teara.govt.nz/en/self-government-and-independence/page-2 |encyclopedia=Te Ara: The Encyclopedia of New Zealand |access-date=2 July 2018 |date=20 June 2012}} which established a bicameral legislature officially named the General Assembly,{{cite encyclopedia |last1=Martin |first1=John E. |title=Parliament – Evolution of Parliament, 19th century |url=https://teara.govt.nz/en/parliament/page-6 |encyclopedia=Te Ara: The Encyclopedia of New Zealand |access-date=2 July 2018 |date=1 February 2015}} later commonly referred to as Parliament.{{cite book |last1=Wilding |first1=Norman W. |last2=Laundy |first2=Philip |title=An Encyclopaedia of Parliament |date=1972 |publisher=Cassell |isbn=978-0-304-93689-2 |url=https://books.google.com/books?id=NQcWAQAAIAAJ |page=491 |language=en}}{{cite book |title =Constitution Bill 1986 |url=https://books.google.com/books?id=Y2Zxr48KtIgC&pg=PA1345 |series=Parliamentary Debates (Hansard) |date=29 April 1986 |page=1345 |quote=... to rename as 'Parliament' the body now known as the 'General Assembly'. 'Parliament' is the term popularly accepted and used. | last1=Parliament | first1=New Zealand }} It had a lower house, called the House of Representatives, and an upper house, called the 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.{{cite web |title=First sitting, 1854 |url=https://nzhistory.govt.nz/politics/history-of-parliament/first-sitting-1854 |website=NZ History |publisher=Ministry for Culture and Heritage |access-date=22 February 2019 |date=19 August 2014}}

==Upper house abolished==

File:General Assembly House, 1861.png in Auckland, 1861]]

Initially, legislative councillors were appointed for life, but from the 1890s they were appointed for renewable seven-year terms.{{cite web |title=Legislative Council abolished |url=https://nzhistory.govt.nz/legislative-council-abolished |website=NZ History |publisher=Ministry for Culture and Heritage |access-date=18 October 2019}} 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.{{cite encyclopedia |last = Martin |first = John E. |title = Parliament – Structural changes, 1890s to 1950s |url = https://teara.govt.nz/en/parliament/page-7 |encyclopedia= Te Ara: The Encyclopedia of New Zealand |access-date=2 July 2018 |date=1 February 2015 }} In 1951, the Council was ended altogether, 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. The Council sat for the last time on 1 December 1950, before it was formally abolished on 1 January 1951.

At the time of its abolition the upper house had fifty-four members, including its own speaker.{{cite web |title=Legislative Council Chamber |url=https://www.parliament.nz/en/visit-and-learn/history-and-buildings/buildings-and-grounds/parliament-house/legislative-council-chamber/ |publisher=New Zealand Parliament |access-date=17 August 2017|language=en}}

=Provincial government=

Under the Constitution Act, legislative power was also conferred on New Zealand's provinces (originally six in number), each of which had its own elected provincial council. These provincial 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.{{cite encyclopedia |editor-last=McLintock |editor-first=Alexander Hare |editor-link=Alexander Hare McLintock |title=Constitutional History – The 1852 Constitution and Responsible Government |url = https://teara.govt.nz/en/1966/history-constitutional/page-4 |encyclopedia=An Encyclopaedia of New Zealand |access-date=8 November 2019 |year=1966 }} Over a twenty-year period, political power was progressively centralised, and the provinces were abolished altogether in 1876.

=Māori representation=

{{Main|Māori electorates}}

New Zealand had representatives of the indigenous population in its parliament from an early date, in contrast to many other colonial states. Reserved Māori seats were created in 1867 during the term of the 4th Parliament; Māori men aged 21 and over, whether or not they owned property, could vote to elect four Māori members of the House of Representatives. The seats were initially intended to be temporary whilst common Māori land was broken up that would allow Māori to vote in regular seats as individual land owners. However this process was resisted and the seats became permanent in 1876.{{Cite web |date=22 Nov 2024 |title=Setting up the Māori seats |url=https://nzhistory.govt.nz/page/setting-maori-seats |access-date= |website=New Zealand History}} In 2002, the seats increased in number to seven.{{cite web |url = http://archive.stats.govt.nz/browse_for_stats/population/census_counts/NumberofElectoratesandElectoralPopulations_HOTP2013Census/Commentary.aspx |title=Number of Electorates and Electoral Populations: 2013 Census |publisher=Statistics New Zealand }}

=Country quota=

One historical speciality of the New Zealand Parliament was the country quota, which gave greater representation to rural politics. From 1889 on (and even earlier in more informal forms), districts were weighted according to their urban/rural split (with any locality of less than 2,000 people considered rural). Those districts which had large rural proportions received a greater number of nominal votes than they actually contained voters – as an example, in 1927, Waipawa, a district without any urban population at all, received an additional 4,153 nominal votes to its actual 14,838 – having the maximum factor of 28% extra representation. The country quota was in effect until it was abolished in 1945 by a mostly urban-elected Labour government, which switched to a one-vote-per-person system.{{cite book |editor-last=McKinnon |editor-first=Malcolm |title = New Zealand Historical Atlas |year=1997 |publisher=David Bateman |at=Plate 90 }}

=Modern independent legislature=

{{See also|Independence of New Zealand}}

File:NZ House of Representatives, ca 1900-1902.jpg

Originally the New Zealand Parliament remained 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, giving that parliament full power over New Zealand law, and the New Zealand Constitution Amendment Act 1947, an act of the British Parliament, allowed the New Zealand Parliament 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.{{cite web |url = http://www.nzlii.org/nz/legis/hist_act/nzcaa19731973n114390.pdf |title=New Zealand Constitution Amendement Act 1973 |publisher=New Zealand Legal Information Institute |access-date=15 February 2020 |year=1973 |quote = The General Assembly shall have full power to make laws having effect in, or in respect of, New Zealand or any part thereof and laws having effect outside New Zealand.}}

In 1986 a new Constitution Act was passed, finally removing the power for 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, and officially replacing the name "General Assembly" with "Parliament".{{cite web |title=Constitution Act 1986 |url = http://www.legislation.govt.nz/act/public/1986/0114/latest/DLM94204.html |publisher=Parliamentary Counsel Office |access-date=11 November 2018 |date=13 December 1986}}

Beginning in the 1890s, when the New Zealand Liberal Party was established as the first formal political party in New Zealand, political power shifted from the House of Representatives to elections, parties and leaders. The conservative Reform Party was formed in 1909, and the New Zealand Labour Party in 1916. The New Zealand National Party emerged in 1936 from the amalgamation of Reform and a remnant of the Liberals, the United Party. {{As of|October 2023|alt=As of the 2023 general election}}, {{update after|2026|11|text=the current parties represented in the House of Representatives}} are National, Labour, Green, ACT, Te Pāti Māori, and New Zealand First.{{cite web |title=Parliamentary parties |url=https://www.parliament.nz/en/mps-and-electorates/political-parties/ |publisher=New Zealand Parliament |language=en-NZ |date=December 2023 |access-date=11 December 2023}}

Labour Member of Parliament Whetu Tirikatene-Sullivan was the longest-serving female MP (1967–1996) and was also the first MP to give birth while serving in office. National MP Ruth Richardson was the first MP to bring her baby into the debating chamber while fellow National MP Katherine Rich was the first MP to feed her baby in the House. During the 1990s, a child care centre was established for the children of MPs and parliamentary staff.{{cite web |title=Parliament becoming more family-friendly |url=https://www.parliament.nz/en/get-involved/features/parliament-becoming-more-family-friendly/ |publisher=New Zealand Parliament |access-date=18 September 2019 |date=15 November 2017}}{{cite news |last = Nissen |first =Wendyl |title=Babies and the Beehive: Trevor Mallard's big plans for a child-friendly Parliament |url = https://www.nowtolove.co.nz/lifestyle/career/trevor-mallard-plans-for-child-friendly-parliament-40381 |access-date=18 September 2019 |publisher=New Zealand Woman's Weekly |date=5 February 2019 }} In November 2017, the Speaker of the House Trevor Mallard announced that Parliament would becoming more "baby friendly."{{cite news |last = Walters |first = Laura |title = New Zealand's new baby-friend parliament |url = https://www.stuff.co.nz/national/politics/98699747/new-zealands-new-babyfriendly-parliament?rm=m |access-date=18 September 2019 |publisher=Stuff |date=9 November 2017 }} Family friendly policies have included making an atrium near the parliamentary chamber accessible to MP's children, giving carers and spouses the same security clearances as MPs, opening the Parliamentary swimming pool to the families of MPs and staff, and updating the family room to have baby-feeding and changing facilities, and a play area on Parliament's lawn.{{cite news |last=Bramwell |first=Chris |title = First look: Parliament lawn to feature playground |url = https://www.rnz.co.nz/news/political/358913/first-look-parliament-lawn-to-feature-playground |access-date=18 September 2019 |publisher=Radio New Zealand |date=5 June 2018 }}{{Cite news |last2=Witton |first1=Luke |last1= Malpass |first2=Bridie |date=23 June 2022 |title=Parliament's grounds officially reopen after occupation, riot |url= https://www.stuff.co.nz/national/politics/129059829/parliaments-grounds-officially-reopen-after-occupation-riot |access-date=17 August 2022 |work=Stuff}}

{{Recentism section|date=May 2024}}

On 10 February 2021, Mallard announced that ties were no longer compulsory in Parliament following a Standing Orders meeting where the majority voted in favour of Te Pāti Māori's submission calling for the elimination of neckties as part of Parliament's compulsory business attire. This announcement followed an argument between Mallard and Te Pāti Māori co-leader Rawiri Waititi, who had been ejected from Parliament for refusing to wear a neck tie in favour of Māori business attire.{{cite news |title=Ties now optional in Parliament after Rawiri Waititi booted out for not wearing one |url=https://www.nzherald.co.nz/nz/ties-now-optional-in-parliament-after-rawiri-waititi-booted-out-for-not-wearing-one/NK3ERX5UY7BKW6IY7C3ZJS4RSQ/ |access-date=10 February 2021 |work=The New Zealand Herald |date=10 February 2021 |archive-url=https://web.archive.org/web/20210210105106/https://www.nzherald.co.nz/nz/ties-now-optional-in-parliament-after-rawiri-waititi-booted-out-for-not-wearing-one/NK3ERX5UY7BKW6IY7C3ZJS4RSQ/ |archive-date=10 February 2021|url-status=live}}

In 2024, the 2023 Standing Orders introduced two new "scrutiny weeks" to the Parliamentary calendar, which allows select committees to scrutinise government and public sector spending plans. The first scrutiny week for the 2024 year was held between 17 and 21 June while the second is scheduled to be held on 2 and 6 December 2024.{{cite web |title=Introducing: scrutiny weeks |url=https://www.parliament.nz/en/get-involved/features/introducing-scrutiny-weeks/ |publisher=New Zealand Parliament |access-date=25 June 2024 |archive-url=https://web.archive.org/web/20240613021930/https://www.parliament.nz/en/get-involved/features/introducing-scrutiny-weeks/ |archive-date=13 June 2024 |date=6 June 2024 |url-status=live}}{{cite news |last1=Russell |first1=Alexia |title=Scrutiny Week's scoreboard |url=https://www.rnz.co.nz/programmes/the-detail/story/2018943734/scrutiny-week-s-scoreboard |access-date=25 June 2024 |work=RNZ |date=24 June 2024 |archive-url=https://web.archive.org/web/20240624002902/https://www.rnz.co.nz/programmes/the-detail/story/2018943734/scrutiny-week-s-scoreboard |archive-date=24 June 2024}}

Sovereignty

{{Further|Parliamentary sovereignty}}

Based on the Westminster system,{{cite journal |last1=Bevir |first1=Mark |title=The Westminster Model, Governance, and Judicial Reform |journal=Parliamentary Affairs |date=2008 |volume=61 |issue=4 |pages=559–577 |doi=10.1093/pa/gsn025 |url=https://escholarship.org/uc/item/82h2630k |language=en}} the New Zealand Parliament is supreme, with no other government institution able to override its decisions. As such, legislative action is not justiciable—it cannot be challenged by the judiciary.{{rp|604}} The ability of Parliament to act is, legally, unimpeded.{{cite web|title=Glossary|url=http://www.ourconstitution.org.nz/Glossary|website=ourconstitution.org.nz|publisher=Constitutional Advisory Panel|language=en|access-date=2 July 2017|archive-url=https://web.archive.org/web/20170406042022/http://www.ourconstitution.org.nz/Glossary|archive-date=6 April 2017|url-status=dead}} For example, the New Zealand Bill of Rights Act 1990 is a normal piece of legislation, not superior law, as codified constitutions are in some other countries.

The House of Representatives has the exclusive power to regulate its own procedures. The House has entrenched certain issues relating to elections. These include the length of a parliamentary term, deciding on who can vote, how they vote (via secret ballot), how the country should be divided into electorates, and the make-up of the Representation Commission, which decides on these electorates.{{cite web |title=Electoral Act 1993 No 87 (as at 01 May 2017), Public Act 268 Restriction on amendment or repeal of certain provisions |url=http://www.legislation.govt.nz/act/public/1993/0087/latest/DLM310495.html#DLM310495|website=legislation.govt.nz|publisher=New Zealand Legislation|access-date=2 July 2017|language=en-NZ}} These issues require either 75% of all MPs to support the bill or a referendum on the issue. As the entrenchment mechanism is not entrenched itself, it could be repealed by a simple majority, thus allowing the entrenched provisions of the Electoral Act to also be repealed by a simple majority.{{Cite web|url=https://www.parliament.nz/en/visit-and-learn/how-parliament-works/parliamentary-practice-in-new-zealand/chapter-2-the-basis-of-parliamentary-procedure/|title=Chapter 2 The Basis of Parliamentary Procedure – New Zealand Parliament|publisher=New Zealand Parliament|language=en|access-date=20 May 2019}}{{Cite journal|last=Elkind|first=Jerome B.|date=1987|title=A New Look at Entrenchment|journal=The Modern Law Review|volume=50|issue=2|pages=158–175|issn=0026-7961|jstor=1096137|doi=10.1111/j.1468-2230.1987.tb02570.x|doi-access=free}}

Monarch

File:Queen Elizabeth_II and Duke of Edinburgh 1963.jpg and Prince Philip at the Opening of Parliament in 1963]]

The monarch of New Zealand – currently King Charles III, 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,{{Cite web |title=Constitution Act 1986 s 11 |url=https://www.legislation.govt.nz/act/public/1986/0114/latest/DLM94233.html |website=New Zealand Legislation}} and the official opposition is traditionally dubbed His Majesty's Loyal Opposition.{{cite journal |last=Kaiser|first=André |title=Parliamentary Opposition in Westminster Democracies: Britain, Canada, Australia and New Zealand |journal=The Journal of Legislative Studies |year=2008|volume=14|issue=1–2|pages=20–45|doi=10.1080/13572330801920887 |s2cid=154663945 |url = http://www.tandfonline.com/doi/abs/10.1080/1357233080192088 |access-date=1 July 2017|url-access=subscription}}

Houses

=House of Representatives=

{{Main|New Zealand House of Representatives}}

File:House of Representatives crest.png]]

The House of Representatives was established as a lower house and has been the Parliament's sole house since 1951. Since the introduction of MMP in 1996, the House consists of 120 members of Parliament (MPs), elected to a three-year term. Parliamentary elections use the mixed-member proportional (MMP) system, a hybrid of first-past-the-post and closed party-list proportional representation; 71 MPs represent single-member electorates of roughly the same population,{{cite web |title=Number of Electorates and Electoral Populations: 2013 Census |url = http://www.stats.govt.nz/browse_for_stats/population/census_counts/NumberofElectoratesandElectoralPopulations_MR2013Census.aspx |publisher=Statistics New Zealand |access-date=1 July 2017 |language=en-NZ |year=2013 }} while the remainder are list MPs.{{cite web|title=MPs and Electorates|url = https://www.parliament.nz/en/mps-and-electorates/ |publisher=New Zealand Parliament |access-date=26 May 2018 |language=en-NZ }} These MPs assemble to represent the people, pass laws and supervise the work of government.{{cite web |title=Role of Parliament |url = https://www.parliament.nz/en/visit-and-learn/how-parliament-works/role-of-parliament/ |publisher=New Zealand Parliament |access-date=17 August 2017 |language=en-NZ }}{{sfn|Wood|Rudd|2004|pp=52–55}} Members also form select committees of the House, appointed to deal with particular areas or issues.{{sfn|Wilson|1985|p=147}}

Ministers in the New Zealand Government are drawn from amongst the members of the House of Representatives (with the possible exception of brief periods following an election).{{cite book |section=Ministers |title=Cabinet Manual |section-url=https://dpmc.govt.nz/our-business-units/cabinet-office/supporting-work-cabinet/cabinet-manual/2-ministers-crown-3 |publisher=Department of the Prime Minister and Cabinet |access-date=18 September 2022 |language=en-NZ}} The government of the day, and by extension the prime minister, must achieve and maintain the support of the House in order to gain and remain in power. The Government is dependent on Parliament to implement its legislative agenda, and has always required the House's approval to spend money.

=Upper house=

The Parliament does not have an upper house; there was an upper house up to 1951, and there have been occasional suggestions to create a new one.{{sfn|Wilson|1985|p=147}} The Legislative Council chamber continues to be used during the Opening of Parliament. This is in keeping with the British tradition in which the monarch is barred from entering the lower house.

==Legislative Council==

{{Main|New Zealand Legislative Council (1841–1853)|New Zealand Legislative Council}}

The original Legislative Council was created by the Charter for Erecting the Colony of New Zealand on 16 November 1840,{{cite book|title=New Zealand Birth Certificates – 50 of New Zealand's Founding Documents|author=Paul Moon|publisher=AUT Media|year=2010|isbn=9780958299718|author-link=Paul Moon}} which saw New Zealand established as a Crown colony separate from New South Wales on 1 July 1841. Originally, the Legislative Council consisted of the governor, colonial secretary and colonial treasurer (who comprised the Executive Council), and three justices of the peace appointed by the governor.{{cite news|url=http://www.nzhistory.net.nz/politics/history-of-the-governor-general/crown-colony-era|title=Crown colony era – the Governor-General|publisher=Ministry for Culture and Heritage|date=30 August 2012|access-date=13 October 2012}} The Legislative Council had the power to issue ordinances (statutory instruments).{{cite web|url=http://nzetc.victoria.ac.nz/tm/scholarly/tei-Mac01Comp-t1-g1-t5-g1-t2-g1-t21.html|title=No. 21. — Charter for Erecting the Colony of New Zealand, and for Creating and Establishing a Legislative Council and an Executive Council, and for Granting Certain Powers and Authorities to the Governor for the Time Being of the Said Colony|publisher=Victoria University of Wellington|access-date=13 October 2012}}

With the passing of the New Zealand Constitution Act 1852, the Legislative Council was reconstituted as the upper house of the General Assembly. The Council was intended to scrutinise and amend bills passed by the House of Representatives, although it could not initiate legislation or amend money bills. Despite occasional proposals for an elected Council, members of the Legislative Council (MLCs) were appointed by the governor, generally on the recommendation of the prime minister. It was eventually decided that the Council was having no significant impact on New Zealand's legislative process; its final sitting was on 1 December 1950.{{cite encyclopedia |title=Last meeting of the Legislative Council, 1950 |url=https://teara.govt.nz/en/speech/35917/last-meeting-of-the-legislative-council-1950 |encyclopedia=Te Ara: The Encyclopedia of New Zealand |access-date=25 August 2017}}

==Senate proposals==

In September 1950, the National government of Sidney Holland set up a constitutional reform committee to consider an alternative second chamber, chaired by Ronald Algie. 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.[https://archive.org/details/newzealandlegisl0000jack The New Zealand Legislative Council : A Study of the Establishment, Failure and Abolition of an Upper House], William Keith Jackson, University of Otago Press, page 200 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.[https://books.google.com/books?id=v7RBAAAAYAAJ&q=Senate 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 old Legislative Council it would not have powers to amend or delay money bills.{{cite web | url=http://www.vdig.net/hansard/content.jsp?id=41473 | title=Senate Bill: Report of Electoral Law Committee | date=7 June 1994 | access-date=23 May 2020 }} The intention was to include a question on a Senate in the second referendum on electoral reform. Voters would be asked, if they did not want a new voting system, whether or not they wanted a Senate.{{cite journal |title=New Zealand Legislates for the 1993 Referendum on its Electoral System |journal=Newsletter of the Proportional Representation Society of Australia |date=March 1993 |issue=69 |url = http://www.cs.mu.oz.au/~lee/prsa/qn/69.html |archive-url = https://web.archive.org/web/20110706131041/http://ww2.cs.mu.oz.au/~lee/prsa/qn/69.html |archive-date=6 July 2011}} However, following objections from the Labour opposition, which derided it as a red herring,{{Cite web |url=http://www.vdig.net/hansard/content.jsp?id=35166 |title=New Zealand Hansard: Tuesday, December 15, 1992 Electoral Reform Bill : Introduction |access-date=5 June 2010 |archive-date=24 July 2011 |archive-url=https://web.archive.org/web/20110724120859/http://www.vdig.net/hansard/content.jsp?id=35166 |url-status=live }} and other supporters of the mixed-member proportional (MMP) representation system,[https://web.archive.org/web/20051201051528/http://www.casi.org.nz/submissions/smelref93.htm 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.{{cite web |url = http://www.cis.org.nz/policy_monographs/pm109.pdf |publisher=Centre for Independent Studies |date=24 March 2010 |title=Superseding MMP: Real Electoral Reform for New Zealand |author1=Luke Malpass |author2 = Oliver Marc Hartwich |url-status=dead |archive-url = https://web.archive.org/web/20100602174657/http://www.cis.org.nz/policy_monographs/pm109.pdf |archive-date = 2 June 2010 }}

Term

{{Further|Elections in New Zealand#Timing of elections}}

File:State Opening of New Zealand Parliament.jpg at the Opening of Parliament, 13 November 1986]]

A term of Parliament in New Zealand may not last more than three years. The Constitution Act 1986 outlines that the governor-general is responsible for dissolving Parliament,{{refn|The House of Representatives itself is regarded as always in existence, notwithstanding that Parliament has been dissolved.|group=note}} which is done by royal proclamation.{{cite web |title=Summoning, Proroguing and Dissolving Parliament |url=https://www.parliament.nz/en/visit-and-learn/how-parliament-works/parliamentary-practice-in-new-zealand/chapter-10-summoning-proroguing-and-dissolving-parliament/#_ftnref34 |publisher=New Zealand Parliament |access-date=29 August 2019 |language=en-NZ }} Dissolution ends a parliamentary term, after which the writ for a general election is issued.{{cite web |title=Writ-ten in the stars |url=https://www.parliament.nz/en/visit-and-learn/parliament-in-election-year/writ-ten-in-the-stars/ |publisher=New Zealand Parliament |access-date=11 November 2018 |language=en-NZ |date=23 August 2017 |archive-url=https://web.archive.org/web/20170823080334/https://www.parliament.nz/en/visit-and-learn/parliament-in-election-year/writ-ten-in-the-stars/ |archive-date=23 August 2017 |url-status=dead}} Upon completion of the election, the governor-general, on the advice of the prime minister, then issues a proclamation summoning Parliament to assemble. On the date given, new MPs are sworn in and then are, along with returning MPs, called to the old Legislative Council chamber, where they are instructed to elect their speaker and return to the House of Representatives to do so before adjourning.{{cite web |title=Opening of Parliament ceremonies on 8 and 9 December 2008 |url = https://www.parliament.nz/en/get-involved/features-pre-2016/document/00NZPHomeNews051220081/opening-of-parliament-ceremonies-on-8-and-9-december-2008 |publisher=New Zealand Parliament |access-date=11 November 2018 |date=5 December 2008 }}

A new parliamentary session is marked by the Opening of Parliament, during which the governor-general reads the Speech from the Throne, on the King's behalf. This speech is given at the start of every new Parliament, and explains why Parliament has been assembled. It outlines the Government's legislative agenda. On occasion, the monarch may open Parliament and personally deliver the speech; for example, Queen Elizabeth II personally attended the Opening of Parliament in 1954 (to mark the legislature's centenary),{{British pathe|v=8QL56mqTFg8|year=1954}} and more recently in 1986 and 1990.{{cite encyclopedia |title=State opening of Parliament, 1986 |url = https://teara.govt.nz/en/video/33760/state-opening-of-parliament-1986|encyclopedia=Te Ara: The Encyclopedia of New Zealand |access-date=21 May 2018 |language=en-NZ }}{{cite web |title=Display of royal memorabilia |url = https://www.parliament.nz/en/get-involved/features-pre-2016/document/00NZPHomeNews201104261/display-of-royal-memorabilia |publisher=New Zealand Parliament |access-date=12 November 2018 |language=en-NZ |date=29 April 2011 |quote=During her first eagerly awaited tour over the summer of 1953–54 Parliament was summoned for a special short session in January to allow her to open Parliament and deliver the Speech from the Throne. She again opened a special session of Parliament in February 1963. She also opened Parliament in March 1970 and February 1974. In February 1977 she opened another special session at the same time as formally opening the Beehive (the Executive Wing). More recently she has opened Parliament in February 1986 and February 1990.}}

MPs receive the royal summons to these events from the usher of the Black Rod, after the usher knocks on the doors of the House of Representatives chamber that have been slammed shut, to illustrate the MPs' right to deny entry to anyone, including the monarch.{{cite web |title = Roles and regalia at the Opening of Parliament |url = https://www.parliament.nz/en/get-involved/features-pre-2016/document/00NZPHomeNews201410131/roles-and-regalia-at-the-opening-of-parliament |publisher=New Zealand Parliament |access-date=11 November 2018 |date=13 October 2014 }}

Passage of legislation

File:Haka Ka Mate Attribution Act 2014.pdf is Haka Ka Mate Attribution Act 2014.]]

Before any law is passed, it is first introduced in Parliament as a draft known as a bill.{{cite web|title=Chapter 7 Parties and Government|url=https://www.parliament.nz/en/document/00HOOOCPPNZ_71|publisher=New Zealand Parliament|access-date=23 November 2017|language=en|date=14 October 2010}} The majority of bills are promulgated by the government of the day. It is rare for government bills to be defeated (the first to be defeated in the 20th century was in 1998). It is also possible for individual MPs to promote their own bills, called members' bills; these are usually put forward by opposition parties, or by MPs who wish to deal with a matter that parties do not take positions on. All bills must go through three readings in the House of Representatives before receiving the royal assent to become an act of Parliament (see lists of acts of the New Zealand Parliament).

=House and committees=

{{Further|New Zealand House of Representatives#Passage of legislation}}

Each bill goes through several stages before it becomes a law. The first stage is the first reading, where MPs debate the bill in principle. It is normally sent to a select committee where the public has the opportunity to make submissions on the bill and the committee can recommend amendments to the bill. The select committee stage is followed by the second reading, where MPs again debate the bill in principle and the select committee recommendations. This is followed by the committee of the whole house, where MPs debate individual clauses or parts and make amendments. In the third reading, MPs debate the final form of the bill. If a majority of MPs vote in favour of the bill at its third reading, the bill is passed. If a majority of MPs vote against the bill at any reading, the bill is rejected and goes no further through the process.

=Royal Assent=

File:Dame Patsy Reddy gave her first Royal assent. This is the final step a bill needs to go through before it becomes law.jpg giving Royal Assent to a bill for the first time. Government House, Wellington, 28 September 2016]]

If a bill passes its third reading, it is delivered to the governor-general by the clerk of the House of Representatives, who, assuming that constitutional convention is followed, will grant royal assent as a matter of course. Some constitutional lawyers, such as Professor Philip Joseph, believe the governor-general does retain the power to refuse royal assent to bills in exceptional circumstances—specifically if democracy were to be abolished.{{cite book|title=Constitutional and Administrative Law in New Zealand|isbn=978-0-86472-399-4|author=Philip Joseph|publisher=Brookers|year=2002|edition=2nd}} Others, such as former law professor and Prime Minister Sir Geoffrey Palmer and Professor Matthew Palmer argue any refusal of royal assent would cause a constitutional crisis.{{cite book|title=Bridled Power: New Zealand's Constitution and Government|isbn=978-0-19-558463-9|author=Sir Geoffrey Palmer and Matthew Palmer|publisher=Oxford University Press|year=2004|edition=4th}}

As a practical reality, because the royal assent to a bill must follow quickly after its passage by the House of Representatives, if there is any substantial issue about the constitutional validity of a bill, the issue must be considered by the attorney-general before the bill is introduced into the House.{{cite web|title=New Zealand Bill of Rights Act 1990 – The Legislation Design and Advisory Committee|url=http://www.ldac.org.nz/guidelines/lac-revised-guidelines/chapter-5/|publisher=New Zealand Legislation Design and Advisory Committee|access-date=13 May 2017|language=en-NZ|archive-date=21 April 2017|archive-url=https://web.archive.org/web/20170421031141/http://www.ldac.org.nz/guidelines/lac-revised-guidelines/chapter-5|url-status=dead}}{{refn|1=Section 7 of the New Zealand Bill of Rights Act 1990 (NZBORA) requires that the attorney-general report to the New Zealand Parliament on any bills that contain provisions that appear to be inconsistent with the NZBORA.{{cite journal |last1=Patel |first1=Nilay B. |title=Strengthening Section 7 of the New Zealand Bill of Rights Act |journal=Australasian Parliamentary Review |date=Spring 2007 |volume=22 |issue=2 |pages=59–71 |url=https://www.aspg.org.au/wp-content/uploads/2017/09/04-PATEL-NZ-BILL-OF-RIGHTS.pdf |access-date=13 February 2023}} See Bills reported as inconsistent with the New Zealand Bill of Rights Act 1990.|group=note}}

List of parliaments

{{further|List of parliaments of New Zealand}}

Parliament is currently in its 54th term.

class="wikitable"

!Term

!Elected in

!Government

colspan=3 style="text-align: center;"| Pre-party era
style="background: #EEEEEE;"

|1st Parliament

| style="text-align: center;" |1853 election

| style="text-align: center;" rowspan=10 |Non-partisan

style="background: #EEEEEE;"

|2nd Parliament

| style="text-align: center;" |1855 election

style="background: #EEEEEE;"

|3rd Parliament

| style="text-align: center;" |1860 election

style="background: #EEEEEE;"

|4th Parliament

| style="text-align: center;" |1866 election

style="background: #EEEEEE;"

|5th Parliament

| style="text-align: center;" |1871 election

style="background: #EEEEEE;"

|6th Parliament

| style="text-align: center;" |1875 election

style="background: #EEEEEE;"

|7th Parliament

| style="text-align: center;" |1879 election

style="background: #EEEEEE;"

|8th Parliament

| style="text-align: center;" |1881 election

style="background: #EEEEEE;"

|9th Parliament

| style="text-align: center;" |1884 election

style="background: #EEEEEE;"

|10th Parliament

| style="text-align: center;" |1887 election

colspan=3 style="text-align: center;"| Liberal Party era
style="background: #FFFFDD;"

|11th Parliament

| style="text-align: center;" |1890 election

| style="text-align: center;" rowspan=7 |Liberal

style="background: #FFFFDD;"

|12th Parliament

| style="text-align: center;" |1893 election

style="background: #FFFFDD;"

|13th Parliament

| style="text-align: center;" |1896 election

style="background: #FFFFDD;"

|14th Parliament

| style="text-align: center;" |1899 election

style="background: #FFFFDD;"

|15th Parliament

| style="text-align: center;" |1902 election

style="background: #FFFFDD;"

|16th Parliament

| style="text-align: center;" |1905 election

style="background: #FFFFDD;"

|17th Parliament

| style="text-align: center;" |1908 election

colspan=3 style="text-align: center;"| Multi-party era
style="background: #DDFFDD;"

|18th Parliament

| style="text-align: center;" |1911 election

| style="text-align: center;" rowspan=5 |Reform

style="background: #DDFFDD;"

|19th Parliament

| style="text-align: center;" |1914 election

style="background: #DDFFDD;"

|20th Parliament

| style="text-align: center;" |1919 election

style="background: #DDFFDD;"

|21st Parliament

| style="text-align: center;" |1922 election

style="background: #DDFFDD;"

|22nd Parliament

| style="text-align: center;" |1925 election

style="background: #FFFFDD;"

|23rd Parliament

| style="text-align: center;" |1928 election

| style="text-align: center;" |United

style="background: #EEFFBB;"

|24th Parliament

| style="text-align: center;" |1931 election

| style="text-align: center;" |United–Reform coalition

style="background: #FFE8E8;"

|25th Parliament

| style="text-align: center;" |1935 election

| style="text-align: center;" |First Labour

colspan=3 style="text-align: center;"| Two-party era
style="background: #FFE8E8;"

|26th Parliament

| style="text-align: center;" |1938 election

| style="text-align: center;" rowspan=3| First Labour

style="background: #FFE8E8;"

|27th Parliament

| style="text-align: center;" |1943 election

style="background: #FFE8E8;"

|28th Parliament

| style="text-align: center;" |1946 election

style="background: #DDEEFF;"

|29th Parliament

| style="text-align: center;" |1949 election

| style="text-align: center;" rowspan=3 |First National

style="background: #DDEEFF;"

|30th Parliament

| style="text-align: center;" |1951 election

style="background: #DDEEFF;"

|31st Parliament

| style="text-align: center;" |1954 election

style="background: #FFE8E8;"

|32nd Parliament

| style="text-align: center;" |1957 election

| style="text-align: center;" |Second Labour

style="background: #DDEEFF;"

|33rd Parliament

| style="text-align: center;" |1960 election

| style="text-align: center;" rowspan=4 |Second National

style="background: #DDEEFF;"

|34th Parliament

| style="text-align: center;" |1963 election

style="background: #DDEEFF;"

|35th Parliament

| style="text-align: center;" |1966 election

style="background: #DDEEFF;"

|36th Parliament

| style="text-align: center;" |1969 election

style="background: #FFE8E8;"

|37th Parliament

| style="text-align: center;" |1972 election

| style="text-align: center;" |Third Labour

style="background: #DDEEFF;"

|38th Parliament

| style="text-align: center;" |1975 election

| style="text-align: center;" rowspan=3 |Third National

style="background: #DDEEFF;"

|39th Parliament

| style="text-align: center;" |1978 election

style="background: #DDEEFF;"

|40th Parliament

| style="text-align: center;" |1981 election

style="background: #FFE8E8;"

|41st Parliament

| style="text-align: center;" |1984 election

| style="text-align: center;" rowspan=2 |Fourth Labour

style="background: #FFE8E8;"

|42nd Parliament

| style="text-align: center;" |1987 election

style="background: #DDEEFF;"

|43rd Parliament

| style="text-align: center;" |1990 election

| style="text-align: center;" rowspan=2|Fourth National

style="background: #DDEEFF;"

|44th Parliament

| style="text-align: center;" |1993 election

colspan=3 style="text-align: center;"| Mixed-member proportional (MMP) era
style="background: #DDEEFF;"

|45th Parliament

| style="text-align: center;" |1996 election

| style="text-align: center;" |Fourth National (in coalition)

style="background: #FFE8E8;"

|46th Parliament

| style="text-align: center;" |1999 election

| style="text-align: center;" rowspan=3 |Fifth Labour (in coalition)

style="background: #FFE8E8;"

|47th Parliament

| style="text-align: center;" |2002 election

style="background: #FFE8E8;"

|48th Parliament

| style="text-align: center;" |2005 election

style="background: #DDEEFF;"

|49th Parliament

| style="text-align: center;" |2008 election

| rowspan=3 style="text-align: center;" |Fifth National (minority)

style="background: #DDEEFF;"

|50th Parliament

| style="text-align: center;" |2011 election

style="background: #DDEEFF;"

|51st Parliament

| style="text-align: center;" |2014 election

style="background: #FFE8E8;"

|52nd Parliament

| style="text-align: center;" |2017 election

| style="text-align: center;" |Sixth Labour (in coalition)

style="background: #FFE8E8;"

|53rd Parliament

| style="text-align: center;" |2020 election

| style="text-align: center;" |Sixth Labour

style="background: #DDEEFF;"

|54th Parliament

| style="text-align: center;" |2023 election

| style="text-align: center;" |Sixth National (in coalition)

See also

Notes

{{Reflist|group=note}}

References

= Citations =

{{Reflist}}

= Sources =

{{Refbegin}}

  • {{cite book |title = Electoral Atlas of New Zealand |last = McRobie |first = Alan |year = 1989 |publisher = GP Books |location = Wellington, New Zealand |isbn = 978-0-477-01384-0 }}
  • {{cite book |editor-last1=Phillips |editor-first1=Jock |editor1-link=Jock Phillips |title=Te Ara: The Encyclopedia of New Zealand |date=2014 |url=https://teara.govt.nz/en |access-date=20 November 2020}}
  • {{cite book |last = Wilson |first = James Oakley |title = New Zealand Parliamentary Record, 1840–1984 |edition = 4th |orig-year = 1st ed. published 1913 |year = 1985 |publisher = V.R. Ward, Govt. Printer |location = Wellington, New Zealand |oclc = 154283103 }}
  • {{cite book |last1 = Wood |first1 = G. A. |last2 = Rudd |first2 = Chris |title = The Politics and Government of New Zealand: Robust, Innovative and Challenged |date = 2004 |publisher = University of Otago Press |isbn = 1877276464}}

{{Refend}}