Statute of Westminster Adoption Act 1947 facts for kids

Quick facts for kids Statute of Westminster Adoption Act 1947
New Zealand Parliament
An Act to Adopt certain sections of the Statute of Westminster 1931
Date passed	25 November 1947
Related legislation
Statute of Westminster 1931 (UK) New Zealand Constitution Amendment Act 1947 (UK) New Zealand Constitution Amendment (Request and Consent) Act 1947
Status: Repealed

The Statute of Westminster Adoption Act 1947 was a special law passed by the New Zealand Parliament. It officially accepted that New Zealand could make its own laws without Britain's approval.

By passing this Act on 25 November 1947, New Zealand adopted the Statute of Westminster 1931. This was a law from the British Parliament. It gave full independence to countries like New Zealand, which were called "Dominions" within the Commonwealth of Nations. New Zealand was the last Dominion to adopt this law.

At the time, adopting the Statute of Westminster was seen as a way to make New Zealand's Parliament clearly in charge of its own laws. It was not meant to change New Zealand's close relationship with Britain. However, today, it is seen as a very important step in New Zealand becoming truly independent.

This Act was later cancelled by the Constitution Act 1986. The 1986 Act made it impossible for the British Parliament to pass any laws for New Zealand.

What the Act Did

This Act's main goal was to put parts of the Statute of Westminster 1931 into New Zealand law. These parts were sections two, three, four, five, and six.

• Section two cancelled the Colonial Laws Validity Act 1865. This older law meant that British laws were more important than laws made in New Zealand.
• Section three allowed the New Zealand Parliament to make laws that applied to New Zealanders even when they were outside the country. This is called legislating extraterritoriality.
• Section four said that the British Parliament could not make laws for New Zealand. The only exception was if New Zealand asked them to and agreed.
• Sections five and six dealt with rules for merchant ships and special courts called Courts of Admiralty.

The Act also made sure that New Zealand's Parliament had to ask for and agree to any British laws that might affect New Zealand. It also allowed New Zealand to change its own constitution. This was a big deal because before, only the British Parliament could change parts of the New Zealand Constitution Act 1852.

Thanks to this Act, New Zealand could create its own citizenship. It did this with the British Nationality and New Zealand Citizenship Act 1948 in 1948.

Why the Act Was Needed

The Statute of Westminster came from a meeting in 1926 called the 1926 Imperial Conference. This meeting happened after World War I ended and countries like Ireland gained more independence.

When the idea for the Statute of Westminster first came out, New Zealand leaders were not very keen on it. New Zealand's Prime Minister at the time, Gordon Coates, even called it a "poisonous document."

New Zealand, along with Australia and Newfoundland, asked for a special rule. This rule meant the Statute would only apply to a Dominion if that Dominion chose to adopt it into its own laws. This is why New Zealand had to pass its own "Adoption Act."

New Zealand waited until 1947 to adopt the Statute. This was mainly because of its strong loyalty to the British Empire. In 1930, Prime Minister George Forbes said that New Zealand already felt it had enough freedom.

Even when the Labour Government came to power, which was more independent in some ways, they still felt a strong connection to the UK. During World War II, Prime Minister Michael Joseph Savage famously said, "Where [Britain] stands, we stand."

Australia adopted the Statute in 1942 during World War II. They did this to get more control over their military. New Zealand's Labour Government suggested adopting it in 1944. However, the National Party, who were the opposition, strongly disagreed. They said it showed disloyalty to the United Kingdom. One MP, Frederick Doidge, said loyalty was "an instinct as deep as religion." So, the idea was put on hold.

The National Party actually helped bring the Statute back in 1947. Their leader, Sidney Holland, wanted to get rid of the New Zealand Legislative Council (an older part of Parliament). To do this, New Zealand needed Britain's permission to change its constitution. So, Prime Minister Peter Fraser decided it was time to adopt the Statute of Westminster.

What Was Said in Parliament

The Bill to adopt the Statute was introduced in July 1947. It had its final vote on 17 October 1947.

Prime Minister Peter Fraser started the debate by saying the Bill would not weaken New Zealand's ties with other Commonwealth countries. He believed it would actually make them stronger. He also said that a former British official had been asked and agreed that passing the Bill would not separate New Zealand from the British Empire.

Some Members of Parliament had different views. One MP, Dr Martyn Finlay, said the Statute would not affect the Treaty of Waitangi. However, another MP, Andy Sutherland, questioned this.

National Party MPs had mixed feelings. Ronald Algie was worried about New Zealanders still being able to appeal cases to the Judicial Committee of the Privy Council in Britain. These appeals did continue until 2003 when the Supreme Court of New Zealand was created. Algie also worried that recognizing other countries as independent might help spread Communism.

Another National MP, Clifton Webb, decided to support the Bill because Britain had no objections. He said he had "no emotional enthusiasm for it." Frederick Doidge repeated his strong belief in loyalty to Britain. But he still supported the Bill because it would allow New Zealand's Parliament to get rid of the Legislative Council, which was his party's goal.

Other concerns were raised about the status of the New Zealand Constitution Act 1852 and whether the whole issue was even important.

When the Act Was Cancelled

After a change in government in 1984, the new Labour Government decided it was time to update New Zealand's laws. They wanted to remove any signs of New Zealand's past as a colony.

The Statute of Westminster Adoption Act was officially cancelled by section 28 of the Constitution Act 1986.

See also

• British Nationality and New Zealand Citizenship Act 1948
• Statute of Westminster Adoption Act 1942 – Australia's similar law
• Constitution of New Zealand
• Independence of New Zealand
• Changes in British sovereignty
• Status of the Union Act, 1934