Statute of Westminster Adoption Act 1947

Last updated

Statute of Westminster Adoption Act 1947
Coat of arms of New Zealand (1911-1956).svg
New Zealand Parliament
  • An Act to Adopt certain sections of the Statute of Westminster 1931 [1]
Passed25 November 1947
Amended by
None
Related legislation
Statute of Westminster 1931 (UK)
New Zealand Constitution Amendment Act 1947 (UK)
New Zealand Constitution Amendment (Request and Consent) Act 1947
Status: Repealed

The Statute of Westminster Adoption Act 1947 (Public Act no. 38 of 1947) [2] 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.

Contents

At the time of its adoption in New Zealand, the Statute of Westminster was seen as a necessary constitutional step to clarify the sovereignty of the New Zealand Parliament, [3] and not a change in New Zealand's relationship with its former coloniser, [4] to which New Zealand politicians stressed continued loyalty. [5] It has come to be regarded as an important step in the independence of New Zealand. [6]

The Act was later repealed by the Constitution Act 1986, which, among other provisions, removed all ability of the British Parliament to pass laws for New Zealand.

Effect

The Act's main purpose was to adopt sections two, three, four, five and six of the Statute of Westminster 1931. [1] Section two of the Statute repealed the Colonial Laws Validity Act 1865, section three allowed the Parliament to legislate extraterritoriality, section four disallowed the British Parliament to legislate for the Dominion, except by its own consent. Sections five and six relate to jurisdiction over merchant shipping and Courts of Admiralty.

Section two of the Act ensured that, under section four of the Statute, the request and consent of the New Zealand Parliament was required for any legislation. It also stated existing statutes of the United Kingdom that applied to New Zealand "shall be deemed so to apply and extend as if they have always so applied and extended according to its tenor". [1] This section allowed the New Zealand Parliament the ability to amend all of the New Zealand Constitution Act 1852, a power it took up by the passing of the New Zealand Constitution Amendment (Request and Consent) Act 1947. The United Kingdom Parliament then passed the New Zealand Constitution Amendment Act 1947 (UK).

The Act enabled the New Zealand parliament to create New Zealand citizenship, which it did with the passing of the British Nationality and New Zealand Citizenship Act 1948 in 1948. [7]

Background

The Statute of Westminster was the product of the Balfour Declaration of 1926, issued by the 1926 Imperial Conference. The declaration came following the formal end of the First World War with the signing of the Treaty of Versailles (which New Zealand signed) [8] in 1919 and Irish independence in 1922. [9] When the draft Statute of Westminster was released, New Zealand Prime Minister Gordon Coates who attended the 1926 conference, described the declaration as a "poisonous document", [10] while his predecessor (the first New Zealand-born prime minister, who also attended the conference) Sir Francis Bell complained of "damned Statute of Westminster propaganda." [10]

New Zealand initiated an addition to the Statute that it would not apply to a particular Dominion unless adopted into that Dominions' domestic law. [10] With the support of Australia and Newfoundland (who were also lukewarm on the Statute), [10] Sections 8 and 10 of the Statute set out this requirement. [11]

New Zealand did not adopt the Statute of Westminster 1931 until 1947 on account of loyalty to the British Empire. [10] At the opening of the 1930 Imperial Conference which drafted the Statute of Westminster, the Prime Minister at the time, 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." [9]

Even with the election of the First Labour Government, which took a more independent line on foreign policy (for example, opposing moves to appease Nazi Germany) [12] adoption of the Statute was not seen as important. The First Labour Government stressed the continued importance of the relationship with the United Kingdom for New Zealand, with Prime Minister Michael Joseph Savage declaring at the outbreak of the Second World War "Where [Britain] stands, we stand." [13]

Australia adopted the Statute following the Fall of Singapore in 1942, in order to gain greater control of its military. Following its re-election at the 1943 general election, the Labour Government, by then led by Peter Fraser had proposed to adopt the statute in its Speech from the Throne in 1944 (two years after Australia adopted the Act). During the Address-In-Reply debate, the National opposition passionately opposed the proposed adoption, claiming the Government was being disloyal to the United Kingdom. National MP for Tauranga, Frederick Doidge, argued "With us, loyalty is an instinct as deep as religion". [14] The proposal was buried for the 1943–1946 term of parliament, but re-emerged following the 1946 general election, which was again won by Labour.

The National opposition prompted the adoption of the Statute in 1947 when its leader and future Prime Minister Sidney Holland introduced a private members' bill to abolish the New Zealand Legislative Council. Because New Zealand required the consent of the British Parliament to amend the sections of the New Zealand Constitution Act 1852 establishing the Legislative Council, [15] Fraser decided to adopt the Statute. [16] [17] This claim was challenged at the time by the opposition, who argued the government was attempting to stall the debate on abolishing the upper house. [18]

Debate

Introduction

The Bill to adopt the Statute was introduced in July 1947. [19] Its first reading was on 19 September 1947. [20]

Third reading

The Bill had its third and final reading on 17 October 1947. [21] Prime Minister Peter Fraser began the final reading debate by assuring both sides of the House of Representatives that the Bill would not do anything to lessen the ties between the members of the Commonwealth and would instead "strengthen the ties between the various parts of the Commonwealth and ourselves in New Zealand and the Mother-country." [21] He further added that Viscount Cranbourne, former Secretary of State for Dominion Affairs, had been consulted on the adoption and did not think to pass the Bill would amount to severance from the British Empire. [21]

Dr Martyn Finlay stated that the Statute would have no effect on the Treaty of Waitangi, but MP for Hauraki, Andy Sutherland questioned this contention. [22]

National MPs had mixed views on the Bill. National MP for Remuera Ronald Algie raised concerns for the continued access to the Judicial Committee of the Privy Council. These concerns were rejected and appeals to the Privy Council remained in place until 2003, with the creation of the Supreme Court of New Zealand. Algie also complained the adoption of the Act was due to changes to the status of British subjects, [23] and argued that recognising parts of the British Commonwealth as independent states could see constituent republics of the USSR recognised as such, thus increasing communism's international clout. [23]

National MP Clifton Webb stated that since Britain had no objection he had decided to support the Bill, stating "I have no emotional enthusiasm for it." [24] Frederick Doige restated his previous position by stating "...loyalty to the Motherland [Britain] is an instinct as deep as religion." [25] He nevertheless supported the Bill at its final reading, since it gave New Zealand's parliament the ability to abolish the Legislative Council, which was National Party policy. [25]

Other concerns raised included the status of the New Zealand Constitution Act 1852, and whether the issue was relevant. [26]

Repeal

Following a difficult transfer of power following the 1984 election, the incoming fourth Labour Government created the Officials Committee on Constitutional Reform which reported that "the time [was] overdue to free our constitutional law from the shadow of our former colonial status", including repeal of the Statute of Westminster Adoption Act 1947. [27] The Statute of Westminster Adoption Act was repealed by section 28 of the Constitution Act 1986. [27]

See also

Related Research Articles

<span class="mw-page-title-main">Statute of Westminster 1931</span> United Kingdom legislation

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.

<span class="mw-page-title-main">Constitution of the Irish Free State</span> 1922 Irish Free State constitution

The Constitution of the Irish Free State was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution, the Irish Free State Constitution Act 1922 of the British Parliament, which came into effect upon receiving the royal assent on 5 December 1922, provided that the Constitution would come into effect upon the issue of a Royal Proclamation, which was done on 6 December 1922. In 1937 the Constitution of the Irish Free State was replaced by the modern Constitution of Ireland following a referendum.

<span class="mw-page-title-main">Commonwealth realm</span> Sovereign state headed by King Charles III

A Commonwealth realm is a sovereign state that has Charles III as its monarch and head of state. All the realms are equal with and independent of the others, though one person, resident in the United Kingdom, acts as monarch of each. The phrase Commonwealth realm is an informal description not used in any law.

<span class="mw-page-title-main">Canada Act 1982</span> Canadian constitutional enactment

The Canada Act 1982 is an act of the Parliament of the United Kingdom and one of the enactments which make up the Constitution of Canada. It was enacted at the request of the Senate and House of Commons of Canada to patriate Canada's constitution, ending the power of the British Parliament to amend the constitution. The act also formally ended the "request and consent" provisions of the Statute of Westminster 1931 in relation to Canada, whereby the British parliament had a general power to pass laws extending to Canada at its own request.

<span class="mw-page-title-main">Australia Act 1986</span> Legislation by the Australian and UK parliaments

The Australia Act 1986 is the short title of each of a pair of separate but related pieces of legislation: one an act of the Parliament of Australia, the other an act of the Parliament of the United Kingdom. In Australia they are referred to, respectively, as the Australia Act 1986 (Cth) and the Australia Act 1986 (UK). These nearly identical Acts were passed by the two parliaments, because of uncertainty as to whether the Commonwealth Parliament alone had the ultimate authority to do so. They were enacted using legislative powers conferred by enabling Acts passed by the parliaments of every Australian state. The Acts came into effect simultaneously, on 3 March 1986.

<span class="mw-page-title-main">Dominion of New Zealand</span> Period of New Zealands history from 1907 to 1947

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.

<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">Colonial Laws Validity Act 1865</span> United Kingdom legislation

The Colonial Laws Validity Act 1865 is an Act of the Parliament of the United Kingdom. Its long title is "An Act to remove Doubts as to the Validity of Colonial Laws".

<span class="mw-page-title-main">Statute of Westminster Adoption Act 1942</span> 1942 Australian Parliament act which formalised Australias independence from the UK

The Statute of Westminster Adoption Act 1942 is an act of the Australian Parliament that formally adopted sections 2–6 of the Statute of Westminster 1931, an Act of the Parliament of the United Kingdom enabling the total legislative independence of the various self-governing Dominions of the British Empire. With its enactment, Westminster relinquished nearly all of its authority to legislate for the Dominions, effectively making them de jure sovereign nations.

<span class="mw-page-title-main">Constitution of New Zealand</span> Uncodified national constitution

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.

<span class="mw-page-title-main">Monarchy of Australia</span> Key institution of the Commonwealth of Australia

The monarchy of Australia is a key component of Australia's form of government, embodied by the Australian sovereign and head of state. The Australian monarchy is a constitutional one, modelled on the Westminster system of parliamentary government, while incorporating features unique to the constitution of Australia.

<span class="mw-page-title-main">Independence of New Zealand</span> Independence of New Zealand

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.

<span class="mw-page-title-main">New Zealand–United Kingdom relations</span> Bilateral relations

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.

<span class="mw-page-title-main">Constitution of Australia</span> Supreme law of Australia

The Constitution of Australia is the fundamental law that governs the political structure of Australia. It is a written constitution, that establishes the country as a federation under a constitutional monarchy governed with a parliamentary system. Its eight chapters sets down the structure and powers of the three constituent parts of the federal level of government: the Parliament, the executive government and the judicature.

The Constitutional history of Australia is the history of Australia's foundational legal principles. Australia's legal origins as a nation state began in the colonial era, with the reception of English law and the lack of any regard to existing Indigenous legal structures. As the colonies expanded, Australia gradually began to achieve de facto independence. Over the years as a result the foundations of the Australian legal system gradually began to shift. This culminated in the Australia Act, an act formally ending legal ties with the UK.

<span class="mw-page-title-main">New Zealand Constitution Amendment (Request and Consent) Act 1947</span> Statute of the Parliament of the United Kingdom

The New Zealand Constitution Amendment Act 1947 was an enactment passed by the Parliament of New Zealand requesting and consenting to the subsequent enactment by the Parliament of the United Kingdom of the New Zealand Constitution Amendment Act 1947. The latter Act contributed to the independence of New Zealand, by granting the Parliament of New Zealand the complete ability to amend the New Zealand Constitution Act 1852, an enactment of the Parliament of the United Kingdom which established the institutions of responsible government in New Zealand.

A dominion was any of several largely self-governing countries of the British Empire. Progressing from colonies, their degrees of colonial self-governance increased unevenly over the late 19th century through the 1930s, and some vestiges of empire lasted in some areas into the late 20th century. With the evolution of the British Empire into the Commonwealth of Nations, finalised in 1949, the dominions became independent states, either as Commonwealth republics or Commonwealth realms.

<span class="mw-page-title-main">Status of the Union Act, 1934</span>

The Status of the Union Act, 1934 was an act of the Parliament of South Africa that was the South African counterpart to the Statute of Westminster 1931. It declared the Union of South Africa to be a "sovereign independent state" and explicitly adopted the Statute of Westminster into South African law. It also removed any remaining power of the British Parliament to legislate for South Africa, and ended the United Kingdom's involvement in the granting or refusal of royal assent.

<span class="mw-page-title-main">Constitution Act 1986</span> Act of the New Zealand Parliament

The Constitution Act 1986 is an Act of the New Zealand Parliament that forms a major part of the constitution of New Zealand. It lays down the framework defining fundamental political principles of governance, and establishes the powers of the executive, legislative and judicial branches of state. It outlines the roles and duties of the monarch, the governor-general, ministers and judges. The Act repealed and replaced the New Zealand Constitution Act 1852 and the Statute of Westminster, and removed the ability of the British Parliament to pass laws for New Zealand with the consent of the New Zealand Parliament.

<span class="mw-page-title-main">British Nationality and New Zealand Citizenship Act 1948</span> New Zealand legislation

The British Nationality and New Zealand Citizenship Act 1948 was an Act of the New Zealand Parliament passed into law in 1948 establishing New Zealand citizenship for New Zealanders, separate from their previous status as British subjects.

References

  1. 1 2 3 Stephen Levine with Paul Harris, ed. (1999). "Part I – The Constitution". The New Zealand Politics Source Book. Dunmore Press. ISBN   0-86469-338-9.
  2. ↑ NZLII 1947.
  3. ↑ Kumarasingham 2010, p. 9.
  4. ↑ Kumarasingham 2010, p. 11.
  5. ↑ Kumarasingham 2010, p. 10.
  6. ↑ Moon 2010, p. 112.
  7. ↑ Kumarasingham 2010, p. 33.
  8. ↑ Moon 2010, p. 102.
  9. 1 2 Kumarasingham 2010, p. 16.
  10. 1 2 3 4 5 Kumarasingham 2010, p. 17.
  11. ↑ Wikisource-logo.svg Works related to Statute of Westminster, 1931#10 at Wikisource
  12. ↑ Kumarasingham 2010, p. 18.
  13. ↑ Kumarasingham 2010, p. 19.
  14. ↑ Cited in Jim Bolger (16 March 1994). Speech to the Annual Conference of the Newspaper Publishers Association. Newspaper Publishers Association.
  15. ↑ Kumarasingham 2010, p. 103.
  16. ↑ "H – 1966 Encyclopaedia of New Zealand". Te Ara. Retrieved 30 March 2018.
  17. ↑ "New Zealand Parliament – New Zealand sovereignty: 1857, 1907, 1947, or 1987?". parliament.nz. Archived from the original on 28 November 2007.
  18. ↑ New Zealand Parliamentary Debates 277.
  19. ↑ New Zealand Parliamentary Debates 276.
  20. ↑ New Zealand Parliamentary Debates 278.
  21. 1 2 3 New Zealand Parliamentary Debates 279, p. 534.
  22. ↑ New Zealand Parliamentary Debates 279, p. 548.
  23. 1 2 New Zealand Parliamentary Debates 279, p. 550-554.
  24. ↑ New Zealand Parliamentary Debates 279, p. 545.
  25. 1 2 New Zealand Parliamentary Debates 279, p. 535-538.
  26. ↑ New Zealand Parliamentary Debates 279.
  27. 1 2 Philip Joseph (1989). "Foundations of the Constitution" (PDF). Canterbury Law Review. p. 72.

Bibliography

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.