Constitution Act 1986
| Constitution Act 1986 | |
|---|---|
 |
|
| New Zealand Parliament | |
| An Act to reform the constitutional law of New Zealand, to bring together into one enactment certain provisions of constitutional significance, and to provide that the New Zealand Constitution Act 1852 of the Parliament of the United Kingdom shall cease to have effect as part of the law of New Zealand | |
| Date commenced | 1 January 1987 |
| Amendments | |
| 1987, 1999, 2005 | |
| Related legislation | |
| New Zealand Bill of Rights Act 1990, the Electoral Act 1993 | |
| Status: Current legislation | |
The Constitution Act 1986 is an Act of the New Zealand Parliament that forms a major part of the Constitution of New Zealand. It lays down the framework defining fundamental political principles of governance and establishes the powers of the executive, legislative and judicial branches of state. It outlines the roles and duties of the Monarch, Governor-General, ministers and judges. The Act also repealed and replaced the New Zealand Constitution Act 1852 and the Statute of Westminster, and removed the ability of the British Parliament to pass laws for New Zealand with the consent of the New Zealand Parliament.
After the 1984 election, there was an awkward transfer of power from the outgoing Third National government to the new Fourth Labour government in the midst of a financial crisis. Outgoing Prime Minister Sir Robert Muldoon was unwilling initially to accept instructions from the incoming Prime Minister David Lange to devalue the currency. Eventually he relented, but only after his own party caucus had threatened to replace him.
An Officials Committee on Constitutional Reform was established by the Labour Government to review New Zealand's constitutional law, and the Constitution Act resulted from two reports by this Committee. The issue of the transfer of power from outgoing to incoming governments (and hence prime ministers) was not resolved by this Act, however, and the transfer of executive powers remains an unwritten constitutional convention, known as the 'caretaker convention'.
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