The Head of State Referenda Bill is Keith Locke's Members Bill, drawn from the Parliamentary ballot on 14 October 2009. The Head of State Referenda Bill was defeated 68-53 at first reading on the 21 April 2010.
The Bill provides for a two-stage referenda process so New Zealanders can decide whether to retain the status quo (with a British monarch) or move to a New Zealand head of state selected by a democratic process.
The first referendum enables people to choose between three options:
the present system, with the monarch remaining our Head of State;
a New Zealand head of state approved by 75% of parliament;
a New Zealand head of state directly elected by the people via the STV preferential system (to ensure the successful candidate has a mandate from over 50% of the electorate).
If none of the three options obtain 50% of the vote in this referendum, there is a run-off between the two leading options in a second referendum.
The Bill itself is not a republican bill, but simply one giving New Zealanders a choice of the status quo and two other options.
If New Zealanders did opt for change, the powers of the elected head of state would be the same as those the Queen and Governor General now exercise. No treaty relations (including those expressed by Te Tiriti o Waitangi) would be subject to alteration.
The elected head of state would be similar to Ireland, where the population directly elects the president, or Germany, where the President is selected by parliamentarians.
There are concerns held by some that, as the Treaty is an agreement between the British Crown and Maori, the move to a Republic may undermine the duties on the state to uphold the principles and remedy the breaches of the Treaty.
However there are three reasons why this concern is unfounded:
First, The Statute of Westminster Adoption Act 1947 severed all ties with Britain. Any doubts about these were completely extinguished with the Constitution Act 1986. The Sovereign of Great Britain and Northern Ireland was replaced by the Sovereign in Right of New Zealand (although they happened to be the same person). Therefore the current bill will not change anything.
New Zealand became constitutionally independent with the Statute of Westminster Adoption Act of 1947, and since then our government has been responsible for all treaties, including the Treaty of Waitangi. In her role as Queen of New Zealand (as distinct from her role as Queen of Great Britain and Northern Ireland), the Queen must take advice exclusively from the New Zealand government. The British government has no role in providing any advice. The Courts have recognised that the rights and obligations of the Treaty were passed on to the New Zealand Parliament after 1947, so there is no reason for those rights and obligations not to be passed to the State if New Zealand becomes a Republic.
Second, The Treaty is already treated as a legal document and this is reinforced by its incorporation into various statutes. Political and moral obligations on the state to abide by the Treaty will remain.
Third, to remove any doubt about the Treaty, Clause 67 of this Bill states that the "rights conferred and obligations imposed by the Treaty of Waitangi continue as if this Act had not been passed".
What's the purpose of the head of state?
New Zealand's Head of State is the Queen Elizabeth the II of New Zealand. The Governor-General is her personal representative in New Zealand. The Governor-General assents to Bills and summons, prorogues and dissolves (calls, suspends and dismisses) Parliament. However, these duties are by convention carried out on the advice of Cabinet.
While the role of the Governor General is largely ceremonial, the office does have residual constitutional powers which make the role very important. If it is not clear who commands a majority of Parliament then the Head of State may have to exercise their judgment (or reserve powers) and decide to prorogue or dissolve Parliament. Although such a situation has never arisen in New Zealand, it has in Australia (the Whitlam dismissal of 1975) and in Canada (the King-Byne Affair of 1925 and the constitutional crisis of December 2008).
Why have an elected head of state?
As explained previously, the head of state exercise his or her reserve powers when it is not clear who commands a majority in Parliament - a situation more likely under MMP than FPP. An elected Head of State, or President, is arguably better equipped to deal with such a crisis than a Governor General. At present the Governor General lacks some independence, because he or she is appointed by the government, has to take advice from the government, and can be sacked by the government. An elected head of state would not be so constrained from acting in an impartial manner. In addition, the fact that a President is elected means that he or she is mandated by the population to deal with such situations.
A head of state voted in directly by the people under the STV (preferential voting) system would ensure the Head of State received over half the support of the nation. A Head of State elected by a Parliamentary election-by a 75% majority of MP - would ensure that the Head of State had cross-party support, ensuring the Head of State was impartial and 'above' politics.
Why have a New Zealand head of state?
While Britain was and remains an important part of New Zealand's history and identity, fewer and fewer New Zealanders identify with the monarchy itself, and it has long since ceased to be a symbol of nationhood. As we have become an increasingly diverse and multicultural nation, it is incongruous to have a British resident monarch on the other side of the world. We are independent in all other respects, and it is natural that this independence should extend to our constitutional arrangements as well.
Additionally, the Human Rights Act 1993 protects against discrimination on the basis of sex, religion, ethnicity, yet the mode of assent for the monarchy discriminates against sex, as males have preference; religion, as the monarch cannot be a Catholic; and ethnicity, as they must be British. It is at odds for our sovereign to be above this very important statute.
Wouldn't moving to an elected head of state disrupt our political system?
A legitimate fear is that moving to a president would disrupt our political system. For this reason the two republican options envisage minimal change. In each case the president would have no more constitutional power than the Queen and Governor-General currently have. The new presidents would not be able to override the Parliament. They would be like the directly elected Irish president and the parliamentary-appointed German president, both of whom stand aside from day-to-day politics. They would not be like the American and French presidents, with their extensive executive powers.
The present system isn't problematic. Aren't there more important things to worry about?
There have always been important things to worry about. If New Zealand had always followed this line of reasoning, we would still be a British colony. If this bill passes, the referenda it proposes will occur alongside the general election, incurring little additional cost. And if New Zealanders do decide to elect our head of state, it will not disrupt our political system, as explained above.
Would this Bill affect our membership in the Commonwealth?
No. Having the Queen as a head of state is not a condition for being part of the Commonwealth. Most members of the Commonwealth - including India and South Africa -are republics.
What if New Zealanders elect the wrong kind of person to be a head of state?
The people can be trusted to elect a head of state acceptable to the nation, just as Ireland, for example, has in election after election.
Getting the Head of State Referenda Bill to pass its first reading and into select committee would have given New Zealanders a chance to have their say on this bill, and parliamentarians a chance to refine it. Passing the bill would have meant that New Zealanders would be challenged in the polling booth: do we want our Head of State to be elected by the population or its representatives, or to remain the Queen?
If you are interested in getting similar legislation passed, please contact your local MP or write to all MPs and tell them why.
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The following people endorsed this bill as individuals. Organisations are stated only for purposes of identification:
Anne Marie Brady, Associate Professor in Politics, Canterbury University
Sir Bob Jones, businessman
Bronwyn Hayward, Senior Lecturer in Politics, Canterbury
Carwyn Jones, Lecturer in Law, Victoria University of Wellington
Celia Wade Brown, Wellington city councillor
Chris Laidlaw, journalist
C.K. Stead, Emeritus Professor of English, Auckland University
Dr Siva Vasanthan, New Zealand Tamil Society
Duncan Webb, Associate Professor of Law, Canterbury University
Duncan Webb, Associate Professor of Law, Canterbury University
Geoff Leane, Senior Lecturer of Law, Canterbury University
Grant Duncan, Senior Lecturer in Public Policy, Massey University
Iona Pannet, Wellington city councilor
John Murray, former Moderator of the Presbyterian Church of Aotearoa/New Zealand
John Ryall, National Secretary, Service and Food Workers Union
Jon Johansson, Lecturer in Politics, Victoria University
Julie Stout, lawyer
Kevin Clements, chair of Peace and Conflict Studies Dept, Otago University
Mike Lee, chairperson of Auckland Regional Council
Murray Houden, company manager, Porirua
N Rasalingam, Ethnic Council of New Zealand
Najibullah Lafraie, Senior lecturer in Politics, Otago University
Neil Boiter, Senior Lecturer in Law, Canterbury University
Nigel Parsons, Senior Lecturer in Politics, Massey University
Paul Tollich, Engineering, Printing and Manufacturing Union
Peta Mathias, writer/television presenter
Peter Conway, secretary, New Zealand Council of Trade Unions
Philip Nel, Professor of Politics, Otago University
Philip Temple, author, Officer of the New Zealand Order of Merit
Ranginui Walker, author and academic
Rawiri Paratene, actor
Richard Wagstaff, General Secretary, Public Service Association
Rob Hamill, Olympic and trans-Atlantic rower
Roger Hay, Minister of Religion
Steve Winter, Lecturer in Political Studies, Auckland University
Terence O'Brien, Senior Fellow Centre for Strategic Studies, Victoria
Tim Pankhurst, journalist
Ursula Cheer, Associate Professor of Law, Canterbury University
Simon Ritchie
Barrie Cook
Edward John Dwyer
Elliot Campbell
Gabriel Luke Kiddle
Gaynes Pavelka
Ian Powell
Jim Hartley
Kumarasamy Maniparathy
Mike Rodwell
Nona Milburn
Philip Milburn
Tony Milne
