The independence of New Zealand is a matter of continued academic and social debate. New Zealand has no fixed date of independence from the United Kingdom; instead, political independence came about as a result of New Zealand's evolving constitutional status.
Beginning in the late 1700s New Zealand's existing Māori population was supplemented by sealers and whalers, followed by sporadic arrivals of adventurers from Europe and the Americas, Christian missionaries, and escaped convicts from Australia.[1][2]British ResidentJames Busby arrived in New Zealand in May 1833.[3]
In 1835, a number of Māori chiefs asserted their sovereignty within their independent tribal nations by signing the Declaration of the Independence of New Zealand (He Whakaputanga o te Rangatiratanga o Nu Tireni). On 6 February 1840, William Hobson, as representative of the United Kingdom, and Māori chiefs signed the Treaty of Waitangi, which established the right of the British Crown to govern, and Hobson subsequently proclaimed British sovereignty over the islands in May of the same year.[4]
On 16 November 1840, the British government issued the Charter for Erecting the new Colony of New Zealand. The Charter stated that the Colony of New Zealand would be established as a Crown colony separate from New South Wales on 1 July 1841.[5] In 1853, only 12 years after the founding of the colony, the British Parliament passed the New Zealand Constitution Act 1852, granting the colony's settlers the right to self-governance. New Zealand was, therefore, to all intents and purposes independent in domestic matters from its earliest days as a British colony.
A major step towards nationhood on the international stage came in 1919 when New Zealand was given a seat in the newly founded League of Nations. In 1926 the Balfour Declaration declared Britain's Dominions as "equal in status", followed by the creation of the legal basis of independence, established by the Statute of Westminster 1931 which came about mainly at the behest of nationalist elements in South Africa and the Irish Free State. Australia, New Zealand, and Newfoundland were hostile towards this development, and the statute was not adopted in New Zealand until 1947. Irrespective of any legal developments, some New Zealanders still perceived themselves as a distinctive outlying branch of the United Kingdom until at least the 1970s. This attitude began to change when the United Kingdom joined the European Community in 1973 and abrogated its preferential trade agreements with New Zealand, and gradual nationality and societal changes further eroded the relationship. The final legal constitutional links between the two countries were severed by the Constitution Act 1986.
In 1839, in instructions given to Captain William Hobson, Lord Normanby said: "I have already stated that we acknowledge New Zealand as a sovereign and independent State, so far at least as it is possible to make that acknowledgment in favour of a people composed of numerous dispersed and petty tribes, who possess few political relations to each other, and are incompetent to act or even to deliberate in concert. But the admission of their rights, though inevitably qualified by this consideration, is binding on the faith of the British Crown." This was in the context of the urgent need to establish British authority in New Zealand, primarily to protect Maori from disaster. Normanby continued: "...extensive settlement of British subjects will be rapidly established in New Zealand, and that unless protected and restrained by necessary laws and institutions, they will repeat unchecked in that quarter of the globe the same process of war and spoliation under which uncivilised tribes have almost invariably disappeared, as often as they have been brought into the immediate vicinity of emigrants from the nations of Christendom. To mitigate, and, if possible, to avert these disasters, and to rescue the emigrants themselves from the evils of a lawless state of society, it has been resolved to adopt the most effective measures for establishing amongst them a settled form of civil government."[7]
Captain William Hobson was New Zealand's first British-appointed Governor (originally Lieutenant-Governor) 1840–1842.
The signing of the Treaty of Waitangi on 6 February 1840 marked the beginning of the colonisation of New Zealand by Britain. At the same time, the New Zealand Company sought to acquire land from Māori in the lower North Island and upper South Island for its colonisation schemes. The company viewed itself as a prospective quasi-government of New Zealand and in 1845 and 1846 proposed splitting the colony in two, along a line from Mokau in the west to Cape Kidnappers in the east—with the north reserved for Māori and missionaries, while the south would become a self-governing province, known as "New Victoria" and managed by the company for that purpose. Britain's Colonial Secretary rejected the proposal.[8] On 21 May 1840, in response to the creation of a "republic" by the New Zealand Company settlers of Port Nicholson (Wellington), who were laying out a new town under the flag of the United Tribes of New Zealand,[9] Hobson asserted British sovereignty over the whole of New Zealand, despite the incompleteness of the treaty signing.[10] New Zealand was originally a sub-colony of the Colony of New South Wales, but in 1841 the Colony of New Zealand was created. Waitangi Day is thus celebrated as New Zealand's national day. Some constitutional lawyers, such as Moana Jackson, have argued that the Treaty did not cede total sovereignty of New Zealand to the British Crown, and argue that the Treaty intended to protect tino rangatiratanga or the absolute independence of Māori. Others dispute this, pointing to the use of the term kāwanatanga (governorship) in the Treaty deducts from rangatiratanga, equating the term to Māori control of Māori assets.
On 17 August 1840 the first French colonists (from the Nanto-Bordelaise Company) arrived in Akaroa, soon learning of the new British rule, and thus effectively ending any further colonisation attempts by France. The connection was severed formally when the last Commissaire du Roi (Representative of the king of France) departed New Zealand on 10 April 1846.[11][12]
The principles behind the independence of New Zealand began before New Zealand even became a British colony. There had been minor rebellions in Canada, and in order to avoid making the mistakes which had led to the American Revolution, Lord Durham was commissioned to make a report on the government of colonies which contained a substantial British population. The principles of self-government within the Empire were laid down in the Durham Report of 1839 and first put into operation in Nova Scotia in 1848.[13] Canada, New Zealand, and the Australian colonies very soon followed suit. The first New Zealand Constitution Act granting self-government was passed by Britain's parliament in 1846 but suspended following the arrival of Governor George Grey, who cited the outbreak of the Flagstaff War (the beginning of the New Zealand Wars) and the unwieldy nature of the 1846 Act as reasons for suspending the Act. In response, the Wellington Settlers' Constitutional Association was formed to campaign for self-government.[14] Some members of this group, such as newspaper publisher Samuel Revans, recounting earlier New Zealand Company schemes for a separate colony, advocated for independence outside of the British Empire.
As a result of this pressure, Governor Grey wrote his own draft constitution bill, while camping on Mount Ruapehu in 1851. The draft was largely accepted by the British parliament, and New Zealand finally became a self-governing colony in 1853 following the passage of the New Zealand Constitution Act 1852, which established an elected legislature, the New Zealand Parliament, in the colony. The New Zealand Parliament was bound by a number of Acts of the British Parliament, such as the Colonial Laws Validity Act and the Colonial Naval Defence Act 1865 which led to the creation of the flag of New Zealand in 1869.
New Zealand participated in the 1891 National Australian Convention in Sydney to consider the Federation of the Australian and New Zealand colonies. The Convention agreed to four principles including the creation of a Federated army and navy. Interest in the proposed Australian Federation faded and New Zealand did not send a delegation to the 1897 National Australian Convention.[15]
In 1901 New Zealand did not ratify the Australian Constitution, and did not partake in the Federation of Australia. Prime Minister Joseph Ward determined that New Zealand should become a dominion, and parliament passed a resolution to that effect.[16] On 26 September 1907 the United Kingdom granted New Zealand (along with Newfoundland, which later became a part of Canada) "Dominion" status within the British Empire. New Zealand became known as the Dominion of New Zealand. The date was declared Dominion Day, but never reached any popularity as a day of independence. The Dominion newspaper began on Dominion Day, 1907.
Despite this new status, there was some apprehension in 1919 when Prime Minister Bill Massey signed the Treaty of Versailles, which indicated that New Zealand had a degree of control over its foreign affairs.[17] Massey, himself a fervent imperialist, did not view it as a symbolic act.
In 1926, the Balfour Declaration declared that the British Dominions were equal, which had the effect of granting New Zealand control over its own foreign policy and military. The legislation required to effect this change, the Statute of Westminster 1931, was not adopted by New Zealand until 16 years later. By 1939, the governor-general ceased to be Britain's High Commissioner to New Zealand; instead, an independent officer was appointed.[18]
League of Nations
New Zealand joined the League of Nations on 10 January 1920. Under International Law only a sovereign state can sign an international treaty – although New Zealand and the other Dominions signed as part of a "British Empire Delegation", and their names were indented in a list following that of Britain. The significance of the indentation was perhaps deliberately left unclear. The Treaty of Versailles offered membership to any "fully self-governing State, Dominion, or Colony" (Art. 1).
"In recognition of their service and achievements during the war, the British Dominions have now been accepted fully into the comity of the nations of the whole world. They are signatories to the Treaty of Versailles and all other treaties of peace. They are members of the Assembly of the League of Nations, and their representatives have already attended meetings of the League. In other words, they have achieved full national status and they now stand beside the United Kingdom as equal partners in the dignities and responsibilities of the British Commonwealth. If there are any means by which that status can be rendered even more clear to their own communities and to the world at large, we shall be glad to have them put forward."[19]
The Balfour Declaration made at the time (not to be confused with the Balfour Declaration of 1917 on Palestine) stated that "They [the Dominions] are autonomous Communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown, and freely associated as members of the British Commonwealth of Nations." This was given legal effect by the Statute of Westminster 1931, which took effect when a given Dominion adopted it. The New Zealand Government saw little urgency in the Act and delayed ratification, but for practical purposes 1926 had removed doubts about functional independence. At the opening of the 1930 Imperial Conference which drafted the Statute of Westminster, the Prime Minister of New Zealand, George Forbes stated:
"New Zealand has not, in any great measure, been concerned with the recent development in the constitutional relations between the members of the British Commonwealth of Nations. We have felt that at all times within recent years we have had ample scope for our national aspirations and ample freedom to carry out in their entirety such measures as have seemed to us desirable."[20]
In 1914 Britain had declared war on the Central Powers for the whole British Empire[21] but in 1939 the Dominions made their own decisions. On 3 September 1939 New Zealand declared war on Germany.[22] Declaration of war is normally regarded as an indication of sovereignty.
At the outset of the Second World War, the Prime Minister, Michael Joseph Savage, who had been critical of the British policy of appeasement, declared:
"...for almost a century, behind the sure shield of Britain, we have enjoyed and cherished freedom and self-government. Both with gratitude for the past and with confidence in the future, we range ourselves without fear beside Britain. Where she goes, we go, where she stands, we stand. We are only a young nation, but we are one and all a band of brothers, and we march forward with a union of hearts and wills to a common destiny."[23]
Savage's successor, Peter Fraser, did not withdraw New Zealand troops from the Middle East in 1942 (unlike Australia), based on an assessment of New Zealand interests.[24]
In the 1944 Speech from the Throne the Governor-General announced the Fraser government's intention to adopt the Statute of Westminster.[25] However, there was a strong outcry by the opposition that this would weaken the British Empire in a time of need.[25] In 1946, Fraser instructed Government departments not to use the term "Dominion" any longer. Ironically, the failure of a private members bill to abolish the upper house by future Prime Minister Sidney Holland led to the adoption of the Statute of Westminster on 25 November 1947 with the Statute of Westminster Adoption Act 1947. This Act allowed passing of the New Zealand Constitution Amendment (Request and Consent) Act 1947, which granted the New Zealand Parliament full legislative powers, extra-territorial control of the New Zealand military forces and legally separated the New Zealand Crown from the British Crown. Thus, although the monarch of the United Kingdom remains also the monarch of New Zealand this person acts in a distinct capacity as sovereign of each.[26]
An old New Zealand passport, 1949, bearing the title "British Passport" with "Dominion of New Zealand" underneath.
In 1948, the New Zealand Parliament passed the British Nationality and New Zealand Citizenship Act 1948, altering the New Zealand nationality law. From 1 January 1949 all New Zealanders became New Zealand citizens. However, New Zealanders remained British subjects under New Zealand nationality law. Prior to this Act, migrants to New Zealand were classed as either "British" (mainly from the United Kingdom itself, but also other Commonwealth countries such as Australia, South Africa and India) or "Non-British".[27]
At a meeting of Commonwealth prime ministers in 1952 following the death of King George VI, it was agreed that the new Queen Elizabeth could have a royal style and title that was different in each dominion, but with an element common to all the dominions. New Zealand was thus an independent Commonwealth realm. In 1953 the New Zealand Parliament passed the Royal Style and Titles Act 1953, which formally recognised Queen Elizabeth II as the Queen of the United Kingdom and New Zealand.
Until 1967, there was a requirement that nominations to the office of governor-general were approved by British ministers.[28] The first New Zealand-born governor-general was appointed to the office, Lord Poritt (although Bernard Freyberg had previously been appointed in 1946; Freyberg had been born in the United Kingdom, but had lived in New Zealand from a young age). Porritt had also been resident in the United Kingdom for most of his life. Public opinion was divided on appointing a New Zealander to the role; a Gallup opinion poll for the Auckland Star newspaper found 43 per cent of respondents preferred Britons for the role, while 41 per cent favoured New Zealanders and 6 per cent candidates from other Commonwealth countries.[29] Newspapers at the time welcomed the appointment, the Greymouth Star saying that it was "an acknowledgement of New Zealand's maturity."[29] The result was a greater focus on new overseas markets for New Zealand goods, mainly in the Asia-Pacific regions.
Loosened ties with the United Kingdom (1970s–present)
A major breakaway from British influence occurred in the mid 1960s as a result of the Vietnam War. Under the ANZUS Treaty and growing concerns about Communist influences in the Asia-Pacific region, the United States pressured the governments of Australia and New Zealand to contribute to the war in Vietnam, eventually resulting in both nations sending forces. New Zealand's involvement lasted from 1963 until 1975, consisting of both military and non-military aid. The Vietnam War was the first conflict that New Zealand entered that did not involve Britain or any other Commonwealth nations other than Australia.[30] Although the war was largely unpopular in New Zealand, the conflict brought closer ties between New Zealand and the United States militarily, at least until 1986 when New Zealand was suspended from ANZUS due to its anti-nuclear policy. This led to the Reagan administration cutting major military and diplomatic ties between Wellington and Washington, downgrading New Zealand from 'ally', to 'friend'.[31]
A more significant move towards independence in a practical rather than legal sense came in 1973 when Britain joined the European Economic Community. The move, although anticipated, caused major economic structural adjustment issues, as the vast majority of New Zealand's exports went to Britain at that time.[32]
The election of the nationalist Third Labour Government of Norman Kirk in 1972 brought further changes. Kirk's Government introduced the Constitution Amendment Act 1973, which altered the New Zealand Constitution Act 1852 so that the New Zealand Parliament could legislate extra-territorially. In Re Ashman the Supreme Court (since renamed the High Court, not to be confused with the contemporary Supreme Court) held that as a result of the 1973 Act, New Zealand had formally severed the New Zealand Crown from the British Crown.[33] The Third Labour Government also passed the Royal Titles Act 1974, changing the Queen's style and titles to be solely Queen of New Zealand. The nationality listed in New Zealand passports for the passport holder was changed in 1973 from "British Subject and New Zealand Citizen" to simply "New Zealand citizen".[34]
In 1983 a new Letters Patent was issued, written by a New Zealander and signed by the then New Zealand Prime Minister.[35] The new letters patent declared New Zealand as the "Realm of New Zealand", and repealed the previous Imperial Letters Patent of 1917. The final practical constitutional link to Britain of New Zealand's Parliament was removed in 1986 by the Constitution Act 1986 (effective 1 January 1987). This Act removed the residual power of the United Kingdom Parliament to legislate for New Zealand at its request and consent.[36] The Imperial Laws Application Act 1988 clarified the application of British laws in New Zealand.
In 1996, New Zealand created its own royal honours system (including knighthoods and damehoods). The honours retained the Victoria Cross but ceased appointments to British imperial honours. With few exceptions, all honours and awards were conferred by the Queen of New Zealand on the advice of her New Zealand ministers. Certain awards remained in the exclusive gift of the Queen.[37]
U.S President Bush with Prime Minister Helen Clark during her visit to the White House in 2007
At the same time, political relations between New Zealand and the United States improved during the George W. Bush administration (2001–2009) especially after Prime Minister Helen Clark visited the White House on 22 March 2007.[38] They ended the difficult relationship that had escalated in 1986.[39] New agreements between New Zealand and the United States for defense cooperation were signed in 2010 ("Wellington Declaration"), 2012 ("Washington Declaration"), and a reaffirmation of the bilateral agreements in 2022 ("Aotearoa New Zealand Joint Statement.")[40]
Although the current New Zealand flag remains a popular symbol of New Zealand, there have been proposals from time to time for the New Zealand flag to be changed. Proponents of a new flag argued "[t]he current New Zealand Flag is too colonial and gives the impression that New Zealand is still a British colony and not an independent nation."[41]
The politics of New Zealand function within a framework of an independent, unitary, parliamentary democracy. The system of government is based on the Westminster system, and the legal system is modelled on the common law of England. New Zealand is a constitutional monarchy in which King Charles III is the sovereign and head of state, while his prime minister serves as the head of government.
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.
The human history of New Zealand can be dated back to between 1320 and 1350 CE, when the main settlement period started, after it was discovered and settled by Polynesians, who developed a distinct Māori culture. Like other Pacific cultures, Māori society was centred on kinship links and connection with the land but, unlike them, it was adapted to a cool, temperate environment rather than a warm, tropical one. The first European explorer known to have visited New Zealand was the Dutch navigator Abel Tasman, on 13 December 1642. In 1643 he charted the west coast of the North Island, his expedition then sailed back to Batavia without setting foot on New Zealand soil. British explorer James Cook, who reached New Zealand in October 1769 on the first of his three voyages, was the first European to circumnavigate and map New Zealand. From the late 18th century, the country was regularly visited by explorers and other sailors, missionaries, traders and adventurers.
The Treaty of Waitangi, sometimes referred to as Te Tiriti, is a document of central importance to the history of New Zealand, its constitution, and its national mythos. It has played a major role in the treatment of the Māori people in New Zealand by successive governments and the wider population, something that has been especially prominent from the late 20th century. The treaty document is an agreement, not a treaty as recognised in international law, and has no independent legal status, being legally effective only to the extent it is recognised in various statutes. It was first signed on 6 February 1840 by Captain William Hobson as consul for the British Crown and by Māori chiefs from the North Island of New Zealand.
Waitangi Day, the national day of New Zealand, marks the anniversary of the initial signing—on 6 February 1840—of the Treaty of Waitangi. The Treaty of Waitangi was an agreement towards British sovereignty by representatives of the Crown and indigenous Māori chiefs, and so is regarded by many as the founding document of the nation.
The flag of New Zealand, also known as the New Zealand Ensign, is based on the British maritime Blue Ensign – a blue field with the Union Jack in the canton or upper hoist corner – augmented or defaced with four red stars centred within four white stars, representing the Southern Cross constellation.
The Declaration of the Independence of New Zealand, signed by a number of Māori chiefs in 1835, proclaimed the sovereign independence of New Zealand prior to the signing of the Treaty of Waitangi in 1840.
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 monarchy of New Zealand is the constitutional system of government in which a hereditary monarch is the sovereign and head of state of New Zealand. The current monarch, King Charles III, acceded to the throne following the death of his mother, Queen Elizabeth II, on 8 September 2022 in the United Kingdom. The King's elder son, William, Prince of Wales, is the heir apparent.
The Statute of Westminster Adoption Act 1947 was a constitutional Act of the New Zealand Parliament that formally accepted the full external autonomy offered by the British Parliament. By passing the Act on 25 November 1947, New Zealand adopted the Statute of Westminster 1931, an Act of the British Parliament which granted full sovereign status and Commonwealth membership to the Dominions ratifying the statute. New Zealand was the last Dominion to do so, as the Dominion of Newfoundland voted to become a part of Canada in 1948.
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 United Tribes of New Zealand was a confederation of Māori tribes based in the north of the North Island, existing legally from 1835 to 1840. It received diplomatic recognition from the United Kingdom, which shortly thereafter annexed it under the Treaty of Waitangi, an event that has largely shaped relations between the government of New Zealand and the Māori people since the 1960s.
The Māori protest movement is a broad indigenous rights movement in New Zealand. While there was a range of conflicts between Māori and European immigrants prior to the signing of the Treaty of Waitangi in 1840, the signing provided one reason for protesting. Disagreements in the decades following the signing sometimes included war.
MokaKainga-mataa [Te Kaingamataa/Te Kaingamata/Te Kainga-mata/Te Kainga-mataa] (1790s–1860s) was a Māori rangatira (chief) of the Ngā Puhi iwi from Northland in New Zealand. He was distinguished in war and an intelligent participant in the Treaty of Waitangi process.
The law of New Zealand uses the English common law system, inherited from being a part of the British Empire.
New Zealand–United Kingdom relations are the bilateral relations between New Zealand and the United Kingdom. New Zealand has maintained a close relationship with Britain, since gaining independence from the United Kingdom.
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.
The Colony of New Zealand was a colony of the United Kingdom of Great Britain and Ireland that encompassed the islands of New Zealand from 1841 to 1907. The power of the British Government was vested in the governor of New Zealand. The colony had three successive capitals: Okiato in 1841; Auckland from 1841 to 1865; and Wellington from 1865, which continues as the capital of New Zealand today.
The political history of New Zealand covers political events and trends related to the history of New Zealand, from the precolonial to the contemporary period, including significant milestones such as the attainment of self-government, transition to Dominion status, and ultimately, independence.
The flag now known as the flag of theUnited Tribes of New Zealand or Te Kara is a flag originally designed by Henry Williams to represent the New Zealand Church Missionary Society. It was adopted as a national flag by a group of rangatira in 1834 and is today more closely associated with the Māori people.
↑ Tessa Copland, "French", Te Ara - the Encyclopedia of New Zealand. Accessed 4 December 2022. Archived 4 December 2022 at the Wayback Machine .
↑ "AKAROA, FRENCH SETTLEMENT AT", from An Encyclopaedia of New Zealand, edited by A. H. McLintock, originally published in 1966. Te Ara - the Encyclopedia of New Zealand. Accessed on 4 December 2022. Archived 24 March 2015 at the Wayback Machine .
↑ Leacock, Stephen (1907). "Responsible Government in the British Colonial System". The American Political Science Review. JSTOR. 1 (3): 355–392. doi:10.2307/1944276. JSTOR1944276.
↑ McLean, Gavin. "The Queen's constitutional and public ceremonial roles". Government House. Archived from the original on 31 March 2019. Retrieved 11 August 2019. Under the concept of the 'divisible Crown', the Queen is the head of state of 15 countries. She reigns as Queen of New Zealand independently of her position as Queen of the United Kingdom.
↑ Malcolm McKinnon, ed. (1997). "Keeping the Dominion British, 1904-1974". The New Zealand Historical Atlas. Bateman. p.Plate 76. ISBN9781869533359.
↑ Joseph, Philip A (2014), Constitutional and Administrative Law in New Zealand, Wellington: Brookers, p.140, ISBN978-0-864-72843-2
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