What type of constitution does new zealand have

This framework consists of imperial and legislation, the common law, and constitutional conventions and practices that are binding in a political rather than legal sense. These rules describe the exercise of public power among the instruments of the state and embody all the elements of a legally established and regulated system of government. Because New Zealand lacks an identifiable constitutional charter that delineates the scope of constitutional law, the boundaries of New Zealand constitutional law have never been precisely drawn.

Constitutional rules may be changed by less formal means than under a written constitution, and the spheres of public and private law are merged rather than separated. A series of fundamentally important constitutional statutes apply as law in New Zealand - for example:. They describe and create the institutions of the State, set out the constraints on the exercise of State power, and regulate the relationship between citizens and the State.

At its most basic level, constitutional arrangements aim to ensure that State actions including legislating, governing, and enforcing and upholding the law are legitimate and are accepted as such by the public. They inform the operation of the systems described here.

The constitutional regulatory area creates the foundations that underpin the courts and tribunals regulatory area. Together, these areas provide the platform upon which all other regulatory systems in Aotearoa New Zealand are based. The constitutional regulatory area also provides the framework for the recognition and implementation of international law. The statutes in this system work with other constitutional conventions, principles and practices to provide the foundations upon which our system of government and law is built.

These foundations include:. This system articulates the roles and functions of the branches of State, so the exercise of State power can take place within clear boundaries, be scrutinised, and be held to account. This system includes te Tiriti o Waitangi the Treaty of Waitangi but is not described here as it is treated as a separate system. Further information about constitutional arrangements foundations for the State.

Back to top. Constitutional arrangements Tiriti o Waitangi Treaty of Waitangi. This regulatory system deals with the place of the Treaty of Waitangi te Tiriti o Waitangi as a founding document of Aotearoa New Zealand.

The Ministry also administers the Treaty of Waitangi State Enterprises Act which provides the Waitangi Tribunal the power to direct the government to transfer certain state-owned-enterprise assets to iwi as part of claim settlements.

Further information about constitutional arrangements Tiriti o Waitangi Treaty of Waitangi. New Zealand is an independent sovereign nation. Because it is a monarchy, New Zealand is called a "Realm.

The Letters Patent were completely revised in and amended in and New Zealand's constitution is not found in one document. Instead, it has a number of sources, including crucial pieces of legislation, several legal documents, common law derived from court decisions as well as established constitutional practices known as conventions.

Increasingly, New Zealand's constitution reflects the Treaty of Waitangi as a founding document of government in New Zealand. The Constitution Act is a key formal statement of New Zealand's system of government, in particular the executive, legislature and the judiciary. Other laws that outline the powers and functions of the three branches of government in more detail include the State Sector Act , the Electoral Act , the Judicature Act and the Senior Courts Act and the District Court Act