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The Parliament of New Zealand consists of the Queen of New Zealand and the New Zealand House of Representatives and, until 1951, the New Zealand Legislative Council. However most people incorrectly refer to the House of Representatives as 'Parliament'. The House of Representatives usually consists of 120 Members of Parliament (currently 121 due to an overhang). MPs are directly elected by universal suffrage. New Zealand essentially follows the Westminster system of government, and is governed by a cabinet and Prime Minister chosen by the House of Representatives. The Parliament was established by the British New Zealand Constitution Act 1852 which established a bicameral legislature, but the upper house, the Legislative Council, was abolished in 1951 so Parliament is now unicameral. Parliament received full control over all New Zealand affairs in 1947 with the passage of the Statute of Westminster Adoption Act. Parliament is physically located in Wellington, the capital city of New Zealand. Parliamentary Sovereignty The New Zealand Parliament is sovereign with no institution able to over-ride its decisions. The ability of Parliament to act is, legally, unimpeded. The New Zealand Bill of Rights Act is a normal piece of legislation, it is not superior law. Parliament is limited in extending its term deciding on who can vote, how they vote (via secret ballot), how the country should be divided into electorates, and the make up of the Representation Commission which decides on these electorates. These issues require either 75% of all MPs to support the bill or a referendum on the issue. The entrenchment of these provisions was done through a normal Act of Parliament however. New Zealand House of Representatives Main article: New Zealand House of Representatives The New Zealand Parliament's lower house is the New Zealand House of Representatives. The House of Representatives is democratically elected every three years. The House has eighteen select committees to scrutinise legislation. Upper house The New Zealand Parliament does not have an upper house — it is unicameral rather than bicameral. It did, however, have an upper house before 1951 (the Legislative Council), and there have been occasional attempts to create a new one. Legislative Council Main article: New Zealand Legislative Council. The Legislative Council was intended to scrutinize and amend bills passed by the House of Representatives, although it could not initiate legislation or amend money bills. Despite occasional proposals for an elected Council, Members of the Legislative Council (MLCs) were appointed by the Governor, generally on the recommendation of the Prime Minister. At first, MLCs were appointed for life, but a term of seven years was introduced in 1891. It was eventually decided that the Council was having no significant impact on New Zealand's legislative process, and it ceased to exist at the beginning of 1951. At the time of its abolition it had 54 members, including its own Speaker. Senate proposal The National government of Jim Bolger proposed the establishment of an elected Senate when it came to power in 1990, thereby reinstating a bicameral system, and a Senate Bill was drafted. Senators would be elected by STV, with a number of seats being reserved for Māori, and would have powers similar to those of the old Legislative Council. The House of Representatives would continue to be elected by FPP. The intention was to include a question on a Senate in the second referendum on electoral reform. Voters would be asked, if they did not want a new voting system, whether or not they wanted a Senate. However, following objections from the Labour opposition, which derided it as a red herring, and other supporters of MMP, the Senate question was removed by the Select Committee on Electoral Reform, and the issue has not been pursued since. Passage of legislation The New Zealand Parliament's model for passing Acts of Parliament is similar (but not identical) to that of other Westminster System governments. Laws are initially proposed in Parliament as bills. They become Acts after being approved three times by Parliamentary votes and then receiving Royal Assent from the Governor-General. The majority of bills are promulgated by the government of the day (that is, the party or parties that have a majority in Parliament). It is rare for government bills to be defeated, indeed the first to be defeated in the twentieth century was in 1998. It is also possible for individual MPs to promote their own bills, called member's bills — these are usually put forward by opposition parties, or by MPs who wish to deal with a matter that parties do not take positions on. House of Representatives See: New Zealand House of Representatives#Passage of legislation Within the House of Representatives, bills must pass through three readings and be considered by both a Select Committee and the Committee of the Whole House. Royal Assent If a bill passes its third reading, it is passed on to the Governor-General, who will (assuming constitutional conventions are followed) give it Royal Assent as a matter of course. The Governor-General does, legally at least, retain the power to reject bills passed by the House of Representatives, although this has never occurred. It then becomes law. Terms of Parliament Parliament is currently in its 48th term. See also | |||||||
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