The constitutional history of Tokelau comprises several acts and amendments. Tokelau comprises the three Pacific atolls of Atafu, Nukunonu, and Fakaofo. The constitutional history of the atoll group dates to its earliest human settlement of at least 1,000 years, much of this time involved an unwritten and oral tradition. [1] It has been governed by many written acts and rules of governance since 1887. The history of Tokelau's laws has been recorded in Tokelau Subdelegated Legislation 1877–1948 and is also published by the Tokelau Law Project. [2]
Tokelau was a British protectorate between 1877 and 1889 as part of the British Western Pacific Territories. The earliest control of Tokelau was under British sovereignty in 1877 by the Western Pacific Order in Council 1877 as part of the British protection. However this order was specifically related to the British jurisdiction in respect of British subjects in the islands of the Western Pacific that were not colonial territories. The locale was called the Union Islands during this period. [1]
In June 1889, Tokelau got the status of a British Protectorate and was formally brought under the protection of the High Commissioner for the Western Pacific. The Union Jack flag was hoisted on each of the three islands. [1] Under His Majesty's dominions according to earliest gazetted Order of His Majesty in Council dated 29 February 1916, the three islands in the Pacific Ocean were brought under the Council, which were then known as the Union Islands or just Tokelau. The order also authorised encroachments of the boundaries of the colony of Gilbert and Ellice Islands to subsume Tokelau Island. By the Order of October 1925 and Tokelau was made an independent dominion and the Governor-General of New Zealand was charged with its administration. [3] Under subsequent amendments to the Act of 1925, Western Samoa was given charge of Tokelau Islands. It was also stipulated that the islands should become part of New Zealand for which the necessary legislation was ordered to be passed by the Parliament of New Zealand by a specific date. [4] It remained a colony of the United Kingdom through 1926. Constitutional documents of interest during this period include: [1]
After it was made a dependency as a New Zealand territory, it was administered by the departments of the New Zealand government (1926–1993). The Tokelau Act of 1948 was an act passing sovereignty of the Pacific territory of Tokelau to New Zealand. [5] It was issued on 29 October 1948 and was amended on 9 December 1976 under section 2(1) of the Tokelau Amendment Act of 1976. [6] The principal acts of the Tokelau Islands were further amended initially by Tokelau Islands Amendment Act 1967 and subsequently Tokelau Islands Amendment Act 1970 under which the words Island were dropped from the wordings and the name of the islands was changed to "Tokelau" only. Further amendment was made under Tokelau Islands Amendment Act 1974 in which more clarifications on deletion of words "Tokelau Islands" were affected, while the Tokelau Act 1976 was related to the Territorial Sea and Fishing Zone. Further Amendment Acts were established in 1982, 1986 and 1996. [7] Documents of interest during this period include: [1]
In subsequent subsection amendments of the Tokelau Amendment Act 1999, issued in July 2001 the directive was specific to the Tokelau (Employer for Tokelau Public Service) Order 2001. [4] Under this amendment the powers of the New Zealand State Services Commissioner was transferred to the Tokelau Employment Commission to administer the Tokelau Public Service. [8] Since 1994, it has vast self-governing powers, [1] but not the status of an independent country. Two referendums have opposed any change in its present status. [9] Tokelau remains a territory of New Zealand as two referendums held for self-government failed to muster enough support even though the United Nations had urged them to become independent. This vote was in spite of an assurance that they would retain their New Zealand citizenship and $11 million a year grant would not be withdrawn. [9] Documents of interest during this period include the Tokelau Amendment Act 1996 (Preamble) and the Joint Statement of the Principles of Partnership (2003). [1]
The amended acts authorised the specific issue of coins of "Tokelau 2000 Queen Elizabeth the Queen Mother Commemorative Five Dollars" and gold coins of the "Tokelau 1999 Smallest Gold Coins Commemorative Ten Dollars". The former coin is embossed with picture of His late Majesty King George VI and Her late Majesty the Queen Mother standing to the right acknowledging the greetings of the people assemble below the balcony. The ten-dollar gold coin made of pure gold weighs 1.2442 grammes and is of 13.92 millimetres diameter. [10]
The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Dominions and the Crown.
Tokelau is a dependent territory of New Zealand in the southern Pacific Ocean. It consists of three tropical coral atolls: Atafu, Nukunonu, and Fakaofo. They have a combined land area of 10 km2 (4 sq mi). In addition to these three, Swains Island, which forms part of the same archipelago, is the subject of an ongoing territorial dispute; it is currently administered by the United States as part of American Samoa. Tokelau lies north of the Samoan Islands, east of Tuvalu, south of the Phoenix Islands, southwest of the more distant Line Islands, and northwest of the Cook Islands.
An administrator in the constitutional practice of some countries in the Commonwealth is a person who fulfils a role similar to that of a governor or a governor-general.
The Gilbert and Ellice Islands in the Pacific Ocean were part of the British Empire from 1892 to 1976. They were a protectorate from 1892 to 12 January 1916, and then a colony until 1 January 1976, and were administered as part of the British Western Pacific Territories (BWPT) until they became independent. The history of GEIC was mainly characterized by phosphate mining on Ocean Island. In October 1975, these islands were divided by force of law into two separate colonies, and they became independent nations shortly thereafter: the Ellice Islands became Tuvalu in 1978, and the Gilbert Islands became part of Kiribati in 1979.
The Dominion of New Zealand was the historical successor to the Colony of New Zealand. It was a constitutional monarchy with a high level of self-government within the British Empire.
The Realm of New Zealand is the area over which the monarch of New Zealand is head of state. The realm is not a federation but is a collection of states and territories united under its monarch. New Zealand is an independent and sovereign state that has one territorial claim in Antarctica, one dependent territory (Tokelau), and two associated states. The Realm of New Zealand encompasses the three autonomous jurisdictions of New Zealand, the Cook Islands, and Niue.
New Zealand nationality law details the conditions by which a person is a national of New Zealand. The primary law governing these requirements is the Citizenship Act 1977, which came into force on 1 January 1978. Regulations apply to the entire Realm of New Zealand, which includes the country of New Zealand itself, the Cook Islands, Niue, Tokelau, and the Ross Dependency.
Disallowance and reservation are historical constitutional powers that were instituted in several territories throughout the British Empire as a mechanism to delay or overrule legislation. Originally created to preserve the Crown's authority over colonial governments, these powers are now generally considered politically obsolete, and in many cases have been formally abolished.
The British Western Pacific Territories (BWPT) was a colonial entity created in 1877 for the administration of a series of Pacific islands in Oceania under a single representative of the British Crown, styled the High Commissioner for the Western Pacific. Except for Fiji and the Solomon Islands, most of these colonial possessions were relatively minor.
The constitution of New Zealand is the sum of laws and principles that determine the political governance of New Zealand. Unlike many other nations, New Zealand has no single constitutional document. It is an uncodified constitution, sometimes referred to as an "unwritten constitution", although the New Zealand constitution is in fact an amalgamation of written and unwritten sources. The Constitution Act 1986 has a central role, alongside a collection of other statutes, orders in Council, letters patent, decisions of the courts, principles of the Treaty of Waitangi, and unwritten traditions and conventions. There is no technical difference between ordinary statutes and law considered "constitutional law"; no law is accorded higher status. In most cases the New Zealand Parliament can perform "constitutional reform" simply by passing acts of Parliament, and thus has the power to change or abolish elements of the constitution. There are some exceptions to this though – the Electoral Act 1993 requires certain provisions can only be amended following a referendum.
The administrator of Tokelau is an official of the New Zealand Government, responsible for supervising the government of the dependent territory of Tokelau.
The Parliament of Tuvalu is the unicameral national legislature of Tuvalu. The place at which the parliament sits is called the Vaiaku maneapa. The maneapa on each island is an open meeting place where the chiefs and elders deliberate and make decisions.
The states and territories are the second level of government of Australia. The states are administrative divisions that are self-governing polities that are partly sovereign, having ceded some sovereign rights to the federal government. They have their own constitutions, legislatures, executive governments, judiciaries and law enforcement agencies that administer and deliver public policies and programs. Territories can be autonomous and administer local policies and programs much like the states in practice, but are still legally subordinate to the federal government.
The Cook Islands are a constitutional monarchy within the Realm of New Zealand. Under the Cook Islands Constitution, the Sovereign in Right of New Zealand has been Head of State of the Cook Islands since 4 August 1965. The Sovereign is represented by the King's Representative; as such, the King is the de jure head of state, holding several powers that are his alone, while the King's Representative is sometimes referred to as the de facto head of state. The viceregal position is currently held by Tom Marsters.
The Isle of Man is not part of the United Kingdom, but to a large extent its relations with other countries are handled by the United Kingdom.
The following outline is provided as an overview of and topical guide to Tokelau:
There are six monarchies in Oceania where supreme power resides with an individual hereditary head, who is recognised as the head of state. Each is a constitutional monarchy, wherein the sovereign inherits his or her office, usually keeps it until death or abdication, and is bound by laws and customs in the exercise of their powers. Five of these independent states share King Charles III as their respective head of state, making them part of a global grouping known as the Commonwealth realms; in addition, all monarchies of Oceania are members of the Commonwealth of Nations. The only sovereign monarchy in Oceania that does not share a monarch with another state is Tonga. Australia and New Zealand have dependencies within the region and outside it, although five non-sovereign constituent monarchs are recognized by New Zealand, Papua New Guinea and France.
A dominion was any of several largely self-governing countries of the British Empire. Progressing from colonies, their degrees of colonial self-governance increased unevenly over the late 19th century through the 1930s, and some vestiges of empire lasted in some areas into the late 20th century. With the evolution of the British Empire into the Commonwealth of Nations, finalised in 1949, the dominions became independent states, either as Commonwealth republics or Commonwealth realms.
A British possession is a country or territory other than the United Kingdom which has the British monarch as its head of state.