Sources of the Constitution

Divisible Crown

The Crown acts as a distinct Head of State in each Commonwealth realm.

Evolution of the Governor-General

Demonstrates New Zealand's constitutional maturity and increasing sovereignty from the United Kingdom.

Governor-General Term

Five years.

Sir Bernard Freyberg (1946–1952)

Often incorrectly identified as the first NZ-born Governor-General.

Sir Arthur Porritt (1967–1972)

First NZ-born Governor-General, remained strongly attached to the UK.

Sir Denis Blundell (1972–1977)

First resident New Zealander appointed Governor-General.

Sir Paul Reeves (1985-1990)

First Maori GG

Sir Anand Satyanand (2006–2011)

First Governor-General of Asian descent.

Reactive Disclosure

Information released only upon request.

Proactive Disclosure

Information released automatically without request.

Does NZ use reactive or proactive disclosure

Reactive disclosure

Official Information Act 1982 (OIA)

Promotes public accountability and citizen engagement.

OIA s5: Principle of Availability

Official information should be made available unless there is good reason for withholding it.

OIA s4

Promotes accountability for ministers and officials

Valid reasons for witholding information OIA

Protect NZ security

International relations

Confidential information

Administrative reasons for witholding information OIA

Frivilous or vexatious request

Information not found

Request requires significant effort

Info soon publicly available

Ombudsman Enforcement

Ombudsman administers and investigates OIA complaints.

Executive Council Veto

Introduced in 1987, permits Executive Council to veto Ombudsman recommendations for release.

Danks Committee

Established to review the culture of governmental secrecy, leading to the OIA.

Price Study findings

OIA requests responses unlawfully denied or took too long

Privacy Act 1993

Allows individuals to access personal information held about themselves.

Royal Titles Act 1952

Prioritised the Queen as Queen of the United Kingdom.

Royal Titles Act 1974

Prioritised Queen as that of NZ, created a divisible Crown

Official Secrets Act 1951

Information treated as government property, disclosure permitted only with justification.

Letters Patent 1983

Defines the office of the Governor-General and the Executive Council, GG must act on ministerial advice

Constitution Act 1986

Premier constitutional statute, not a codified constitution.

Parts of Constitution Act 1986

Sovereign

Executive

Legislature

Judiciary

Citizens Initiated Referenda Act 1993

Allows citizens to initiate non-binding advisory referenda.

Citizens initiated referendum requirement

Signatures from 10% of eligible voters within 12 months

Weakneses of citizens initiated referendum

Non-binding

No limit on subject

Compound questions

Simplistic yes/no format

Referenda Postal Voting Act 2000

Permits referenda to be conducted by postal voting.

Commissioner of Police v Ombudsman

Described the OIA as a constitutional measure.

Fletcher Timber v Attorney-General

Influenced public interest immunity doctrine

Restricted immunity claims

Atkinson v Lange

'The Queen's papers have become the people's papers.'

India v Alberta

Colonies operate under separate Crowns.

Quark Fishing v R

Held UK and dependent territories share one undivided Crown.

Halsbury's Laws of England on divisible Crown

UK and dependent territories constitute 'one realm having one undivided Crown.'

Joseph’s argument for divisible Crown

Under international law there cannot be multiple Heads of State.