Guide to Foreign and International Legal Citations - New York ...

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NEW ZEALAND
I. COUNTRY PROFILE (Common Law)
New Zealand is a constitutional monarchy within the Commonwealth, nominally subject
to the British Sovereign, who appoints a Governor General to represent her locally. The
country’s basic form of government is parliamentary democracy. Though not a federal system,
the country consists of some sixteen Administrative Divisions providing local government
services. New Zealand’s legal system is based on the common law tradition. The official
languages are English and Māori.
The New Zealand’s constitution derives from several sources, including not only written
statutes and jurisprudence, but also the common law discretionary power of the Sovereign. Its
principal formal statement is contained in the Constitution Act 1986, which outlines the basic
structure of government and formally abrogates the British Parliament’s power to legislate to
New Zealand. Several other New Zealand statutes are important components of the Constitution,
including the State Sector Act of 1988, the Electoral Act of 1993, the Judicature Act of 1908 and
the New Zealand Bill of Rights Act of 1990. The Constitution also incorporates relevant statutes
from the United Kingdom, such as the Magna Carta, Bill of Rights of 1688, Act of Settlement
1700, and Habeas Corpus Acts. The Treaty of Waitangi, which transferred sovereignty to the
British Queen in 1840, gained importance after the establishment of the Waitangi Tribunal in
1975 and is increasingly considered a constitutional document. Done in both English and Māori
versions, it acts to limit majority decision-making in order to protect the interests of the
indigenous Māori population.
While the Constitution nominally divides power among executive, legislative and judicial
branches of government, these are not entirely separate. New Zealand has a unicameral
Parliament made up of a House of Representatives with 120 Members elected to three-year terms.
Sixty-nine Members are directly elected from single-member constituencies, with the remainder
selected from party lists based on the principle of proportional representation. The Sovereign is
also formally part of Parliament.
As head of state, the Governor General officially has the power to summon, dissolve or
suspend Parliament and to name the Prime Minister, along with other Ministers and important
office holders. The Governor General nominally presides over the Executive Council (Cabinet).
All Cabinet Ministers must be Members of Parliament. The executive branch has the power to
make treaties, though most are presented to the House for review. Most legislation originates in
the Cabinet before being submitted for approval by Parliament, and assent by the Governor
General. Sovereign assent is required before a bill may become law. Parliament may also
delegate some rulemaking authority to the Executive. Such regulations are reviewed by a
Parliamentary committee and published in a gazette prior to taking effect.
Most government acts are reviewable by New Zealand’s independent judiciary. In
addition to specialist courts and tribunals dealing with family law, youth, employment,
environment, Māori lands, etc., New Zealand has several courts of general jurisdiction. Minor
criminal offenses, and civil claims under $200,000 may be heard in the sixty-six district courts.
Original jurisdiction over serious crimes and larger civil claims rests with the High Court, which
may also hear appeals of some decisions by the district courts and some specialist tribunals. The
Court of Appeal has appellate jurisdiction over all matters originating in the High Court, as well
as some criminal matters from the district courts and some employment appeals. The Court of