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Thread ID: 78531 2007-04-19 03:03:00 Trouble with understanding New Zealand legal system Renmoo (66) PC World Chat
Post ID Timestamp Content User
542286 2007-04-20 02:52:00 'MP's are voted in by all of us' Except for List MP's, I never voted for any of them!

Didn't you use your "list" vote last time ?
decibel (11645)
542287 2007-04-20 04:07:00 Well done James .

Most people think of a constitution as being a specific written document - and such things exist in other countries . However a constitution can simply be an accumulation of documents, actions, and conventions which develop over centuries . New Zealand's "constitution" in that sense dates from the Magna Carta in 1215 . As does the USA, Canada, Australia, India etc etc .

We don't have a specific written constitution although the Bill of Rights is an ersatz version . The point about a specific constitution is that it is entrenched by Parliament . To change it requires 66%/75% (whatever) of MPs to vote for the change . In other words, it is an exception to the normal 50%+ vote . So it is damned hard to change once in place, thus the USA faces an impossible task to remove the constitutional right to bear arms .

Constitutions are flavour of the liberal month from time to time but frankly in a small country like NZ, flexibility serves us well .

Just having a quick look through Brookers, there is the 1986 Constitution Act . Haven't read it thoroughly, but in any case, Winston is correct - the Consitution of New Zealand is aggregated from a multitude of documents over time .
Lizard (2409)
542288 2007-04-20 04:22:00 Frankly speaking, I am still not confident about this whole law story.

Laura, so all MPs, Cabinet Ministers and opposition are also House of Representatives? What's the difference between MPs and Cabinet Ministers?

Cheers :)

Members of Parliament (MPs) are the people we elect at the General Election. Parliament is another term for the House of Representatives.

Cabinet ministers are MPs that have been given special responsibility for some section of the government. The Cabinet is the group of highly ranked ministers, together with the PM, who make most of the decisions of the government (so far as they are able).

Therefore - all cabinet ministers are MPs, but not all MPs are cabinet ministers. The current Cabinet consists of about 20 people.

New Zealand's political system is similar to the system used in England. In England there is a House of Commons (similar to our House of Representatives) and a House of Lords. Legislation is required to pass through both Houses before being made into law. New Zealand used to have something similar, called the Legislative Council, however it was abolished in 1951.

There is some good information at www.parliament.govt.nz. Start with the history section.
Lizard (2409)
542289 2007-04-20 04:44:00 An excellent summary.

Well done, Lizard.
Laura (43)
542290 2007-04-20 05:06:00 Just to refine matters a little further, the real political power and authority rests with the Executive Council . . dpmc . govt . nz/cabinet/manual/1 . html" target="_blank">www . dpmc . govt . nz

This is Cabinet (all of the Ministers of the Crown) plus the Governor General who acts as Chair . Technically the GG isn't a member but participates .

The Executive Council often pass laws known as Orders in Council . This might sound threatening but it isn't . Generally Regulations are created in this manner . You will find many Acts of Parliament contain powers for the GG and Executive to pass regulations from time to time .
Winston001 (3612)
542291 2007-04-20 05:18:00 Didn't you use your "list" vote last time ?

Yes, I did, but it was the people on the list that I wasn't able to choose.
Andrew B (867)
542292 2007-04-20 05:29:00 Well, if we're refining things here, I should amend my statement that the House of Representatives = Parliament . Nearly, but not quite .

S14, NZ Constitution Act 1986 .
"There shall be a Parliament of New Zealand, which shall consist of the Sovereign in right of New Zealand and the House of Representatives . "

So in other words:

All the MPs in the House of Representatives + the Queen (or GG) = Parliament
Lizard (2409)
542293 2007-04-20 05:46:00 . . . Constitutions are flavour of the liberal month from time to time but frankly in a small country like NZ, flexibility serves us well .
Are you implying we have "bendy" politicians ? ;)
R2x1 (4628)
542294 2007-04-20 09:29:00 GOT IT NOW!

With respect to the anti-smacking bill, after the first reading, why didn't the select committee who have more common sense than Labour and Green Party MPs recommend some logical amendments to the bill?

Cheers :)
Renmoo (66)
542295 2007-04-20 10:07:00 Why wouldn't you consider the Treaty of Waitangi as a written constitution, Winston and Steve?

Cheers :)
Renmoo (66)
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