New Zealand Constitution Amendment (Request and Consent) Act 1947 facts for kids
The New Zealand Constitution Amendment (Request and Consent) Act 1947 (a New Zealand law) and the New Zealand Constitution (Amendment) Act 1947 (a UK law) were two important laws passed in 1947. These laws helped New Zealand become more independent. They gave the Parliament of New Zealand the full power to change its own main law, called the New Zealand Constitution Act 1852. This older law, made by the UK Parliament, had set up how New Zealand's government would work.
| Act of Parliament | |
|
|
| Long title | An Act to provide for the amendment of the Constitution of New Zealand. |
|---|---|
| Citation | 11 & 12 Geo. 6. c. 4 |
| Dates | |
| Royal assent | 10 December 1947 |
| Other legislation | |
| Amends | New Zealand Constitution Act 1852 |
| Repealed by | Statute Law (Repeals) Act 1989 |
|
Status: Repealed
|
|
Contents
Why These Laws Were Needed
When the original New Zealand Constitution Act 1852 was created, New Zealand's own government, called the General Assembly, could not change or get rid of it. This meant that some of New Zealand's most important laws were still controlled by the United Kingdom.
In 1857, the UK Parliament passed another law. This law, the New Zealand Constitution (Amendment) Act 1857, allowed New Zealand to change some parts of its constitution. For example, New Zealand used this power to change how its regions (called provinces) were set up.
Gaining More Control
Later, New Zealand adopted the Statute of Westminster 1931 in 1947. This was a big step towards independence. It meant New Zealand's Parliament could now change almost any law that the British Parliament had made for New Zealand.
However, the 1857 law still stopped New Zealand from changing parts of its constitution that were about its own Parliament. This became a problem when some politicians in New Zealand wanted to get rid of the New Zealand Legislative Council. This was the upper house of New Zealand's Parliament at the time. To do this, New Zealand needed full control over its constitution.
What the Acts Did
The New Zealand Constitution Amendment (Request and Consent) Act 1947 was passed by New Zealand's Parliament. It officially asked the UK Parliament to change the 1852 Constitution Act. It also agreed to these changes, which was required by the Statute of Westminster. This was the only time New Zealand ever asked the UK Parliament to make a law for it after gaining more independence.
The British Parliament agreed to this request. They passed their own law, the New Zealand Constitution (Amendment) Act 1947. This British law was officially approved on December 10, 1947. With this new power, New Zealand was able to abolish its Legislative Council in 1951.
Full Independence in Law-Making
In the 1980s, countries like Canada, Australia, and New Zealand cut their last legal ties with the United Kingdom. However, Canada and Australia still needed British approval to change their main constitution laws. For example, Canada's Constitution Act, 1982 had to be approved by the British Parliament. Australia's Australia Act 1986 was also passed by both Australian and British parliaments.
But because of the New Zealand Constitution (Amendment) Act 1947, New Zealand was different. It already had the full power to change its own constitution without needing British approval. This meant that when New Zealand passed its own Constitution Act 1986, it did not need the British Parliament to approve it. This showed New Zealand's full legal independence.
When the Acts Ended
The New Zealand laws were officially removed from New Zealand law by section 28 of the Constitution Act 1986.
The UK law was also removed from UK law by the Statute Law (Repeals) Act 1989.
See also
- Constitution of New Zealand
- Independence of New Zealand
