Framework of Law (B s1-3)
Tuesday, 27 August 2013
11:46 a.m.
Part B: The Constitution of New Zealand
Introduction
The Constitution outlines:
the democratic state's duties to its citizens
the limits of the state's power
rules governing powers of governmental institutions.
the STATE: is not the same as the government and has a legal monopoly on force.
Nature of New Zealand's Constitution
New Zealand has an unwritten Constitution (unlike countries such as the United States) -- it is found in court decisions, statutes, doctrines and conventions.
the Constitution is not higher law.
legislation cannot be overturned on the basis of constitutional statutes.
eg. NZBORA cannot be used to strike down acts that may be considered an infringement of human rights.
New Zealand's Constitutional Statutes
Bill of Rights 1688 (UK) gave Parliament:
the sole right to make or unmake law 
this overrode the traditional royal prerogative
complete freedom of speech for Members of Parliament
the sole right to suspend or dispense laws
eg. Fitzgerald v Muldoon - no legislation overturned.
the sole right to give consent to taxation
New Zealand Bill of Rights 1990 (NZBORA)
is not meant to repeal existing laws (laws cannot be struck down by NZBORA s 4)
bills are checked for compatibility with the NZBORA by the Governor-General.
includes rights and freedoms:
s 14: freedom of expression
s 17: freedom of association
s 20: rights of minorities
s 21: right to be secure against unreasonable search and seizure
s 23: rights of persons arrested or detained
Constitution Act 1986 
consolidates statutory rules governing the structure of government in New Zealand
Separation of Powers between arms of government (see B s4)
outlines arms of government:
the Sovereign (Queen, Governor-General)
the Executive (Cabinet)
the Legislature (Parliament)
the Judiciary (Courts)
Electoral Act 1993
provides rules on conduct of elections, voting age and electoral term.
s 268 prohibits repeal or amendment of some sections, unless a
75% vote in Parliament OR
majority in popular referendum is achieved.