Oath of Allegiance (New Zealand)

Last updated

The New Zealand Oath of Allegiance is defined by the Oaths and Declarations Act 1957. The Oath is required under New Zealand law to be made in certain circumstances, including as a requirement for individuals to hold certain offices, as well in judicial proceedings.

Contents

Since 2002, all Oaths can be taken in either Māori or English form. It is possible to take an affirmation, which has the same legal effect as an Oath.

Oath of allegiance

The Oath, in its present form, is:

"I, [name], swear that I will be faithful and bear true allegiance to His Majesty King Charles the Third, His heirs and successors, according to law. So help me God."

In Māori, this is:

"Ko ahau, ko [name] e oati ana ka noho pūmau taku pono ki a Kīngi Tiāre te Tuatoru me tōna kāhui whakaheke, e ai ki te ture. Ko te Atua nei hoki taku pou."

A modified version, with the added phrase "and I will obey the laws of New Zealand and fulfil my duties as a New Zealand citizen" is used as New Zealand's Oath of Citizenship.

Affirmation

An affirmation begins with "I, [name], solemnly, sincerely, and truly declare and affirm", and continues with the words of the oath prescribed by law, omitting any reference to God.

Other New Zealand Oaths

The chief justice administers the following oaths of office at the swearing-in of various government officials. For simplification, the oaths set out below take the form they would have if used today in English.

Governor-General's Oath

"I, [name], swear that, as Governor-General and Commander-in-Chief of the Realm of New Zealand, comprising New Zealand; the self-governing states of the Cook Islands and Niue; Tokelau; and the Ross Dependency, I will faithfully and impartially serve His Majesty King Charles the Third, King of New Zealand, His heirs and successors, and the people of the Realm of New Zealand, in accordance with their respective laws and customs. So help me God". [1]

Executive Council Oath

"I, [name], being chosen and admitted of the Executive Council of New Zealand, swear that I will to the best of my judgement, at all times, when thereto required, freely give my counsel and advice to the Governor-General for the time being, for the good management of the affairs of New Zealand. That I will not directly nor indirectly reveal such matters as shall be debated in Council and committed to my secrecy, but that I will in all things be a true and faithful Councillor. So help me God".

House of Representatives Oath

The Constitution Act 1986 requires that, before being permitted to sit or vote in the House of Representatives, members of Parliament must take the Oath of Allegiance.

Parliamentary Under-Secretaries Oath

"I, [name], swear that I will well and truly serve His Majesty King Charles the Third, His heirs and successors, according to law, in the office of Parliamentary Under-Secretary. So help me God".

Judicial Oath

"I, [name], swear that I will well and truly serve His Majesty King Charles the Third, His heirs and successors, according to law, in the office of []; and I will do right to all manner of people after the laws and usages of New Zealand without fear or favour, affection or ill will. So help me God".

Armed forces Oath

"I, [name], solemnly promise and swear that I will be faithful and bear true allegiance to our Sovereign Lord the King, His heirs and successors, and that I will faithfully serve in the Royal New Zealand Naval Forces/the New Zealand Army/the Royal New Zealand Air Force [Delete the Services that are not appropriate], and that I will loyally observe and obey all orders of His Majesty, His heirs and successors, and of the officers set over me, until I shall be lawfully discharged. So help me God".

Police Oath

I, [name], swear that I will faithfully and diligently serve Her (or His) Majesty [specify the name of the reigning Sovereign], Queen (or King) of New Zealand, her (or his) heirs and successors, without favour or affection, malice or ill-will. While a constable I will, to the best of my power, keep the peace and prevent offences against the peace, and will, to the best of my skill and knowledge, perform all the duties of the office of constable according to law. So help me God."

Alteration and augmentation of oaths

The Oaths and Declarations Amendment Act 2002 inserted the right for the Oath to be taken in te reo Māori. The first member of Parliament to make their Oath in Māori was Dame Tariana Turia in 2004. [2]

In May 2004, the Minister of Justice, Phil Goff, announced a review of New Zealand's oaths and affirmations [3] stating: "This review also offers a chance for people to express a view on whether our oaths accurately reflect the values and beliefs that are important to New Zealanders in the 21st century". The Ministry of Justice reported in a discussion paper on oaths and affirmations [4] that many were either out of date (such as the teachers' oath or the Queen's Counsel oath) or used arcane language. The review suggested that New Zealand could follow the experience of Australia by removing references to the Queen from the oaths. The Monarchist League called the change "republicanism by stealth" and commented that "[a] declaration of allegiance to New Zealand, or to the Prime Minister, would be a poor substitute [for the Queen]". [5]

In response, the Republican Movement argued that removing references to the Queen was not "republicanism by stealth" but simply reflected the contemporary values of New Zealanders. [6] The Republican Movement also submitted that "[t]he Australians have already updated their oath of citizenship so that there is no mention of the Queen, while maintaining the exact same constitutional monarchy as New Zealand". [6]

To this day the oath remains, with relevant personnel (e.g. military) swearing allegiance to the King, either in a traditional oath or a non-religious affirmation.

Oaths Modernisation Bill

One year after the review was announced, Phil Goff released the new forms the oaths were to take. [7] The references to the Queen were retained, and the Oaths Modernisation Bill [8] was introduced in Parliament.

The Bill would have made the following changes:

The Monarchist League was pleased with this outcome, stating, "While it may be questioned what 'loyalty to New Zealand', and 'respect for its democratic values' actually mean, it is heartening that no attempt was made to remove the oath of allegiance to the Queen." [9] The Republican Movement stated that "[t]he best thing about the new oaths is that they can easily be changed when we become a republic". [10]

After passing the first reading and going to the Government Administration Committee, the Bill had its second reading discharged on 1 June 2010, meaning it did not proceed. [11]

Allegiance to the Treaty of Waitangi and Hone Harawira amendment

Several members of Parliament have attempted to swear allegiance to the Treaty of Waitangi rather than give the official Oath at their swearing-in. Māori Party MPs and Green MP Nándor Tánczos in 2005, Mana Movement MP Hone Harawira in 2011 and Te Pāti Māori MPs in 2023 notably made an unofficial alternative declaration of allegiance before completing the required official Oath or declaration. [12] [13] [14] [15]

In 2007, then Māori Party MP Hone Harawira put up an amendment (in the form of a supplementary order paper) to the Oaths Modernisation Bill inserting references to the oaths and affirmations to "uphold the Treaty of Waitangi". [16] In 2023, Te Pāti Māori MPs used an alternative transliteration of King Charles (Kīngi Harehare rather than Kīngi Tiāre), which some critics claimed was offensive. [14] [15]

Other languages

The Oath or affirmation may be repeated unofficially in another language immediately after it is given in English or Te Reo Māori. [2] A private member's bill in the name of Anahila Kanongata'a was debated in 2018; it proposed that members of Parliament may officially give their Oath in a non-English and non-Māori language. The bill failed at its first reading 54–65. [17]

See also

Related Research Articles

<span class="mw-page-title-main">New Zealand Parliament</span> Supreme unicameral legislature of New Zealand

The New Zealand Parliament is the unicameral legislature of New Zealand, consisting of the Sovereign (King-in-Parliament) and the New Zealand House of Representatives. The King is usually represented by his governor-general. Before 1951, there was an upper chamber, the New Zealand Legislative Council. The New Zealand Parliament was established in 1854 and is one of the oldest continuously functioning legislatures in the world. It has met in Wellington, the capital of New Zealand, since 1865.

<span class="mw-page-title-main">Nándor Tánczos</span> New Zealand politician (born 1966)

Nándor Steven Tánczos is a New Zealand social ecologist, researcher, educator, activist and political commentator. He is currently a councillor in the Whakatāne District Council. He is also co-director of He Puna Manawa social and political change agency.

Te Pāti Māori, also known as the Māori Party, is a political party in New Zealand advocating Māori rights. With the exception of a handful of general electorates, Te Pāti Māori contests the reserved Māori electorates, in which its main rival is the Labour Party.

<span class="mw-page-title-main">Monarchy of New Zealand</span> Function and history of the New Zealand monarchy

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.

<span class="mw-page-title-main">Māori electorates</span> Electoral districts for Māori voters in New Zealand

In New Zealand politics, Māori electorates, colloquially known as the Māori seats, are a special category of electorate that give reserved positions to representatives of Māori in the New Zealand Parliament. Every area in New Zealand is covered by both a general and a Māori electorate; as of 2020, there are seven Māori electorates. Since 1967, candidates in Māori electorates have not needed to be Māori themselves, but to register as a voter in the Māori electorates people need to declare that they are of Māori descent.

<span class="mw-page-title-main">Oath of Allegiance (Canada)</span> Promise of fealty to the Canadian monarch

The Canadian Oath of Allegiance is a promise or declaration of fealty to the Canadian monarch—as personification of the Canadian state and its authority, rather than as an individual person—taken, along with other specific oaths of office, by new occupants of various federal and provincial government offices; members of federal, provincial, and municipal police forces; members of the Canadian Armed Forces; and, in some provinces, all lawyers upon admission to the bar. The Oath of Allegiance also makes up the first portion of the Oath of Citizenship, the taking of which is a requirement of obtaining Canadian nationality.

An oath of citizenship is an oath taken by immigrants that officially naturalizes immigrants into citizens. It is often the final step in this process, and is usually done in a ceremonial capacity. An oath of citizenship is designed to be a statement of patriotism and loyalty to the new country. In countries which retain a monarchical system of government, an oath of allegiance to the monarch is often required as well. Adding an oath to God to the end of an oath is usually optional.

<span class="mw-page-title-main">Māori politics</span> Politics of the Māori people

Māori politics is the politics of the Māori people, who were the original inhabitants of New Zealand and who are now the country's largest minority. Before the arrival of Pākehā (Europeans) in New Zealand, Māori society was based largely around tribal units, and chiefs provided political leadership. With the British settlers of the 19th century came a new British-style government. From the outset, Māori sought representation within this government, seeing it as a vital way to promote their people's rights and improve living standards. Modern Māori politics can be seen as a subset of New Zealand politics in general, but has a number of distinguishing features, including advocacy for indigenous rights and Māori sovereignty. Many Māori politicians are members of major, historically European-dominated political parties, while others have formed separate Māori parties. For example, Te Pāti Māori, holding six of seven Māori electorates, is one such party.

<span class="mw-page-title-main">Hone Harawira</span> New Zealand Māori activist and politician

Hone Pani Tamati Waka Nene Harawira is a New Zealand Māori activist and former parliamentarian. He was elected to parliament as the member for the Māori electorate of Te Tai Tokerau in 2005 as the Māori Party candidate.

<span class="mw-page-title-main">New Zealand Republic</span> Political party

New Zealand Republic Inc. is an organisation formed in 1994 whose object is to support the creation of a New Zealand republic.

<span class="mw-page-title-main">Republicanism in New Zealand</span> Political movement in New Zealand

Republicanism in New Zealand is the political position that New Zealand's system of government should be changed from a constitutional monarchy to a republic.

<span class="mw-page-title-main">Oath of Allegiance (United Kingdom)</span> Promise to be loyal to the British monarch

The Oath of Allegiance is a promise to be loyal to the British monarch, and his or her heirs and successors, sworn by certain public servants in the United Kingdom, and also by newly naturalised subjects in citizenship ceremonies. The current standard wording of the oath of allegiance is set out in the Promissory Oaths Act 1868.

<span class="mw-page-title-main">Oath of Citizenship (Canada)</span>

The Oath of Citizenship, or Citizenship Oath, is a statement recited and signed by those who apply to become citizens of Canada. Administered at a ceremony presided over by a designated official, the oath is a promise or declaration of fealty to the Canadian monarch and a promise to abide by Canada's laws and uphold the duties of a Canadian citizen; upon signing the oath, citizenship is granted to the applicant.

The Oath of Citizenship, as opposed to the Oath of Allegiance, is for new New Zealand citizens to pledge loyalty to the King of New Zealand, Charles III, and faithfully observe to the laws of New Zealand.

<span class="mw-page-title-main">Te Tai Tokerau</span> Māori electorate in Northland, New Zealand

Te Tai Tokerau is a New Zealand parliamentary Māori electorate that was created out of the Northern Maori electorate ahead of the first Mixed Member Proportional (MMP) election in 1996. It was held first by Tau Henare representing New Zealand First for one term, and then Dover Samuels of the Labour Party for two terms. From 2005 to 2014, it was held by MP Hone Harawira. Initially a member of the Māori Party, Harawira resigned from both the party and then Parliament, causing the 2011 by-election. He was returned under the Mana Party banner in July 2011 and confirmed at the November 2011 general election. In the 2014 election, he was beaten by Labour's Kelvin Davis, ending the representation of the Mana Party in Parliament.

<span class="mw-page-title-main">Kelvin Davis (politician)</span> New Zealand politician

Kelvin Glen Davis is a New Zealand politician. He is a member of the House of Representatives, and was a senior minister in the Sixth Labour Government and the deputy leader of the New Zealand Labour Party from 2017 to 2023.

The Mana Movement, originally known as the Mana Party, is a former political party in New Zealand. The party was led by Hone Harawira who formed it in April 2011 following his resignation from the Māori Party. Harawira won the by-election in Te Tai Tokerau of 25 June 2011 for the Mana Party and retained the seat during the 2011 general election in November.

Rawiri Wikuki Waititi is a New Zealand politician and co-leader of Te Pāti Māori alongside Debbie Ngarewa-Packer. He has served as the Member of Parliament (MP) for Waiariki since 2020, when his election returned Te Pāti Māori to the New Zealand Parliament following their defeat at the 2017 general election.

<span class="mw-page-title-main">Member of Parliament (Canada)</span> Federal representative elected by Canadian voters

A member of Parliament is a term typically used to describe an elected politician in the House of Commons of Canada, the lower chamber of the bicameral Parliament of Canada.

<span class="mw-page-title-main">54th New Zealand Parliament</span> Current New Zealand parliamentary term

The 54th New Zealand Parliament is the current meeting of the legislature in New Zealand. It opened on 5 December 2023 following the 14 October 2023 general election, and will expire on or before 16 November 2026 to trigger the next election.

References

  1. ↑ Letters Patent Constituting the Office of Governor-General of New Zealand
  2. 1 2 "First Words: When an MP is sworn in - New Zealand Parliament". www.parliament.nz. 17 November 2023. Archived from the original on 2 January 2024. Retrieved 2 January 2024.
  3. ↑ Phil Goff (23 May 2004). "Oaths discussion document released". Beehive . Retrieved 16 February 2008.
  4. ↑ "Review of Oaths and Affirmations - Discussion Paper". Ministry of Justice (New Zealand). May 2004. Retrieved 16 February 2008.
  5. ↑ "Review of Oaths and Affirmations". Monarchist League of New Zealand. 14 February 2004. Archived from the original on 7 August 2009. Retrieved 16 February 2008.
  6. 1 2 "Bring the Oaths into the 21st Century". Republican Movement of Aotearoa New Zealand. 18 February 2004. Archived from the original on 12 October 2008. Retrieved 16 February 2008.
  7. ↑ Phil Goff (10 May 2005). "Oaths to be modernised by Bill". The Beehive . Retrieved 4 March 2008.
  8. ↑ "Knowledge Basket - text of the Oaths Modernisation Bill". Government Print Office. May 2005. Retrieved 4 March 2008.
  9. ↑ "Oaths Review". Monarchist League of New Zealand. 12 May 2005. Retrieved 16 February 2008.
  10. ↑ "New Oaths step in the right direction". Republican Movement of Aotearoa New Zealand. 10 May 2005. Archived from the original on 8 September 2008. Retrieved 16 February 2008.
  11. ↑ "Oaths Modernisation Bill". Parliament of New Zealand. 1 June 2010. Retrieved 21 July 2011.
  12. ↑ "Tanczos swears by the Treaty - Kahu News". NZ Herald. 3 January 2024. Retrieved 2 January 2024.
  13. ↑ Tracy Watkins (14 July 2011). "Speaker refuses to swear Harawira in". Stuff. Retrieved 14 July 2011.
  14. 1 2 Solomon, Serena (5 December 2023). "'Charles' or 'skin rash'? Māori MPs' oath of allegiance to king sparks translation debate". The Guardian. ISSN   0261-3077 . Retrieved 2 January 2024.
  15. 1 2 "Parliament swearing-in marked by Te Pāti Māori oaths". RNZ. 5 December 2023. Retrieved 2 January 2024.
  16. ↑ "Supplementary Order Paper 103 - Oaths Modernisation Bill" (PDF). Parliament of New Zealand. 29 March 2007. Retrieved 17 February 2008.
  17. ↑ "Oaths and Declarations (Members of Parliament) Amendment Bill". bills.parliament.nz. Retrieved 1 January 2024.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.