The New Zealand Legislative Council was the
upper house
An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restric ...
of the
General Assembly of New Zealand
The New Zealand Parliament ( mi, Pāremata Aotearoa) is the unicameral legislature of New Zealand, consisting of the King of New Zealand (King-in-Parliament) and the New Zealand House of Representatives. The King is usually represented by his ...
between 1853 and 1951.
An earlier arrangement of
legislative councils for the colony and provinces existed from 1841 when New Zealand
became a colony; it was reconstituted as the upper house of a
bicameral legislature
Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single gr ...
when New Zealand became
self-governing in 1852, which came into effect in the following year.
Unlike the elected
lower house
A lower house is one of two Debate chamber, chambers of a Bicameralism, bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has co ...
, the
House of Representatives, the Legislative Council was wholly appointed by the
governor-general
Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
. The
New Zealand Constitution Act 1852 had authorised the appointment of a minimum of ten councillors. Beginning in the 1890s, the membership of the upper house became controlled by government of the day. As a result, the Legislative Council possessed little influence. While intended as a revising chamber, in practice, debates and votes typically simply replicated those in the lower house. It was abolished by an Act of Parliament in 1950, with its last sitting in December 1950.
The Council's chamber is no longer utilised as a
debating chamber
A debate chamber is a room for people to discuss and debate. Debate chambers are used in governmental and educational bodies, such as a parliament, congress, city council, or a university, either for formal proceedings or for informal discourse ...
, but it is used for certain ceremonial functions, such as the
speech from the throne
A speech from the throne, or throne speech, is an event in certain monarchies in which the reigning sovereign, or a representative thereof, reads a prepared speech to members of the nation's legislature when a session is opened, outlining t ...
.
Establishment
The first Legislative Council was established by the ''Charter for Erecting the
Colony of New Zealand'' on 16 November 1840, which created New Zealand as a
Crown colony
A Crown colony or royal colony was a colony administered by The Crown within the British Empire. There was usually a Governor, appointed by the British monarch on the advice of the UK Government, with or without the assistance of a local Council ...
separate from New South Wales on 1 July 1841. Originally, the Legislative Council consisted of the governor,
colonial secretary, and
colonial treasurer, and a number of senior justices of the peace. The Legislative Council had the power to issue
ordinances (
statutory instrument
In many countries, a statutory instrument is a form of delegated legislation.
United Kingdom
Statutory instruments are the principal form of delegated or secondary legislation in the United Kingdom.
National government
Statutory instrumen ...
s).
With the passing of the
New Zealand Constitution Act 1852, the first Legislative Council was disestablished and a similar appointed body was established, effective from 1853. The new Legislative Council was constituted as the upper house of the
General Assembly
A general assembly or general meeting is a meeting of all the members of an organization or shareholders of a company.
Specific examples of general assembly include:
Churches
* General Assembly (presbyterian church), the highest court of pres ...
(or "Parliament"), which did not actually meet until 24 May 1854, 16 months after the Constitution Act had come into force.
Role
The Legislative Council was intended to act as a revising chamber, scrutinising and amending bills which had been passed by the House of Representatives. It could not initiate bills, and was prohibited from amending
money bills (legislation relating to finance and expenditure). The model for the Legislative Council's role was the
House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
in the United Kingdom.
Membership
Appointment and tenure
The
New Zealand Constitution Act 1852 provided for councillors to be appointed for life terms by the
governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
. As the power of the Governor over New Zealand politics gradually decreased, it became the convention that appointments were made on the recommendation of the
premier
Premier is a title for the head of government in central governments, state governments and local governments of some countries. A second in command to a premier is designated as a deputy premier.
A premier will normally be a head of governm ...
(later prime minister), essentially meaning that councillors were selected by the government of the day.
However, the life term of councillors meant that the Legislative Council always lagged behind the House of Representatives—premiers were frequently hampered in their activities by a Legislative Council appointed by their predecessors. In 1891, life membership was replaced by a seven-year term by the new
Liberal Party government of
John Ballance. Part of the Liberal Party's motivation was probably ideological, but part was undoubtedly political, as Ballance's conservative predecessor,
Harry Atkinson, had stacked the council with seven conservatives shortly before leaving office. Ballance had considerable difficulty in achieving his reform of the Council, with major clashes occurring between him and the Governor, the
Earl of Onslow, who had approved the seven appointments. Ballance's victory is seen as establishing an important precedent in the relationship between governor and prime minister.
The structure of the Legislative Council prior to 1891 was therefore similar to that of the
Canadian Senate
The Senate of Canada (french: region=CA, Sénat du Canada) is the upper house of the Parliament of Canada. Together with the Crown and the House of Commons, they comprise the bicameral legislature of Canada.
The Senate is modelled after the Br ...
(which continues as an appointed upper house, although senators are no longer appointed to life terms, and must retire at the age of 75).
The style "
The Honourable
''The Honourable'' (British English) or ''The Honorable'' ( American English; see spelling differences) (abbreviation: ''Hon.'', ''Hon'ble'', or variations) is an honorific style that is used as a prefix before the names or titles of certa ...
" could be retained from 1894 by a councillor with not less than ten years service if recommended by the governor. This privilege was extended to one member,
William Montgomery, in 1906; and a further eleven members in 1951 after abolition of the Council.
Number of members
It was specified in the Constitution Act 1852 that the Council would consist of at least ten members. Although not actually a part of the Act, instructions were issued that the number of members should not exceed fifteen. One member was to be selected as
speaker of the Legislative Council, corresponding roughly to the position of
speaker of the House of Representatives. A
quorum
A quorum is the minimum number of members of a deliberative assembly (a body that uses parliamentary procedure, such as a legislature) necessary to conduct the business of that group. According to '' Robert's Rules of Order Newly Revised'', the ...
of five members was established.
The first appointments to the Legislative Council were made in 1853, when twelve members were called to the upper house. They were
John Salmon,
William Swainson and
Frederick Whitaker on 26 May 1853;
Mathew Richmond
Major Mathew Richmond (1801 – 5 March 1887) was a New Zealand colonial administrator and a politician. He was the first Chairman of Committees of the Legislative Council. Born in England to Scottish parents, he had a military career sp ...
on 23 June 1853; and on 31 December 1853
Edmund Bellairs
Edmund Hooke Wilson Bellairs (1823–1896) was a member of the New Zealand Legislative Council.
Bellairs was born in Norfolk and arrived in Dunedin in 1852. He was a member of the Legislative Council in Auckland from 31 December 1853 to 17 June ...
,
George Cutfield
George Cutfield (1799 – 22 January 1879) was an early settler in New Zealand. He was active as a politician in Taranaki and was the second Superintendent of Taranaki Province.
Cutfield was born in Deal, Kent, in 1799. At Devonport, Plymouth, he ...
,
William Kenny,
John Yeeden Lloyd
John Yeeden Lloyd (born 1795) was a member of the New Zealand Legislative Council from 31 December 1853. His last attendance was on 28 July 1854, but he was still listed as a member on 6 August 1855. He was reappointed on 4 October 1855, and serv ...
,
Ralph Richardson
Sir Ralph David Richardson (19 December 1902 – 10 October 1983) was an English actor who, with John Gielgud and Laurence Olivier, was one of the trinity of male actors who dominated the British stage for much of the 20th century. He w ...
,
Henry Seymour,
Henry St. Hill
Henry St. Hill (1807–1866) was a member of the New Zealand Legislative Council from 31 December 1853 to 18 March 1856, when he resigned.
He was from Wellington
Wellington ( mi, Te Whanganui-a-Tara or ) is the capital city of New Zealan ...
and
John Watts-Russell
John Charles Watts-Russell JP (1825 – 2 April 1875) was a 19th-century New Zealand politician, a member of the Canterbury Provincial Council and a member of the Legislative Council. He was supposedly the wealthiest of the early settlers, and ...
.
Gradually, the maximum number of members was raised, and the limit was eventually abolished. The Council reached a peak of 53 members in 1885 and 1950.
Extent of representation
The Legislative Council was generally less representative of the New Zealand public than was the House of Representatives. Women were not eligible to serve as councillors until 1941, and only five were appointed.
Two,
Mary Anderson and
Mary Dreaver
Mary Manson Dreaver (née Bain, 31 March 1887 – 19 July 1961) was a New Zealand politician of the Labour Party.
Biography
Early life
She was born in Dunedin, the oldest of 13 children of Alexander Manson Bain and Hanna Kiely. She married ...
, were appointed in 1946 by the
First Labour Government. In 1950, when the
First National Government appointed several new members to vote the council out of existence, three women were included;
Cora Louisa Burrell
Cora Louisa Burrell (née Keetley, 19 June 1889 – 20 October 1962) from Christchurch was a National Party activist, on the Canterbury Division executive and a Dominion councillor. National Party historian Barry Gustafson said that she was "one ...
,
Ethel Gould
Ethel Marion Gould (née Hirst; 2 February 1895 – 9 March 1992) from Auckland was appointed a member of the New Zealand Legislative Council on 22 June 1950.
Early life
Ethel Marion Hirst was born in Auckland on 2 February 1895. Her father was ...
and
Agnes Weston
Dame Agnes Elizabeth Weston, GBE (26 March 1840 – 23 October 1918), also known as Aggie Weston, was an English philanthropist noted for her work with the Royal Navy. For over twenty years, she lived and worked among the sailors of the Royal Na ...
.
Māori
Māori or Maori can refer to:
Relating to the Māori people
* Māori people of New Zealand, or members of that group
* Māori language, the language of the Māori people of New Zealand
* Māori culture
* Cook Islanders, the Māori people of the Co ...
were slightly better represented. The first two Māori councillors were appointed in 1872, not long after the creation of the
Māori electorates in the House;
Mōkena Kōhere and
Wi Tako Ngātata. A convention was established that there should always be Māori representation on the Council.
1891 appointments
In January 1891 the outgoing
Atkinson Ministry appointed six new members to the Legislative Council, with the object of blocking any radical bills that
John Ballance (who became Premier on 24 January) and his
Liberal Government Liberal government may refer to:
Australia
In Australian politics, a Liberal government may refer to the following governments administered by the Liberal Party of Australia:
* Menzies Government (1949–66), several Australian ministries under S ...
might introduce. They were the last appointments for life as the new government introduced a seven-year term. The new members were
Charles Johnston and
John Davies Ormond on 20 January; and
Harry Atkinson (elected as speaker),
James Fulton,
William Downie Stewart, and
John Blair Whyte on 22 January.
John Hall had written to Ormond: "It will be a serious disaster if the Council is not strengthened before the Reds get into the saddle."
Petitions were tabled against the "stacking of the Council" by MPs and by Aucklanders. But the stacking has been seen as assisting the Liberal Government, which "might not have survived but for this assistance ...
hichprovided a useful unifying influence in the critical early years" and "identified with dramatic clarity the reactionary class enemy ... and acted as a convenient brake on the radicals
howere asked to settle for moderate measures."
Proposals for election
A number of proposals were made that the Legislative Council should be elected, not appointed. When
responsible government
Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability, the foundation of the Westminster system of parliamentary democracy. Governments (the equivalent of the executive br ...
had been granted at the beginning of the
2nd Parliament, the Governor,
Thomas Gore Browne
Colonel Sir Thomas Robert Gore Browne, (3 July 1807 – 17 April 1887) was a British colonial administrator, who was Governor of St Helena, Governor of New Zealand, Governor of Tasmania and Governor of Bermuda.
Early life
Browne was born ...
, was given sufficient authority to make the Legislative Council elected, but no action was taken. In 1914, a reform proposal to establish a 42 or 43 member council elected by
proportional representation
Proportional representation (PR) refers to a type of electoral system under which subgroups of an electorate are reflected proportionately in the elected body. The concept applies mainly to geographical (e.g. states, regions) and political divis ...
for six years was introduced by the Liberals, but postponed due to
World War I
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was List of wars and anthropogenic disasters by death toll, one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, ...
. In 1920 it was no longer favoured by the Reform government then in power. But the 1914 Act "remained like a
sword of Damocles suspended above the nominated upper house, available at will or whim to any succeeding government".
Abolition
By the middle of the 20th century, the Legislative Council was increasingly being looked on as ineffectual and making little difference to the legislative process. The Legislative Council rarely criticised bills sent to it by the House, and many believed that it was now obsolete. Some favoured its reform, while others favoured its abolition; among the latter group was the leader of the
National Party,
Sidney Holland
Sir Sidney George Holland (18 October 1893 – 5 August 1961) was a New Zealand politician who served as the 25th prime minister of New Zealand from 13 December 1949 to 20 September 1957. He was instrumental in the creation and consolidation o ...
, who introduced a
private member's bill
A private member's bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in wh ...
to abolish it in August 1947.
However, because the Parliament of New Zealand was unable to amend the
New Zealand Constitution Act 1852, it had to first adopt the
Statute of Westminster 1931
The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Commonwealth realms and the Crown.
Passed on 11 December 1931, the statute increased the sovereignty of the ...
, which it did with the
Statute of Westminster Adoption Act 1947. Following the adoption of the Act, the Parliament of New Zealand passed the
, and the Parliament of the United Kingdom passed the
New Zealand Constitution Amendment Act 1947
New is an adjective referring to something recently made, discovered, or created.
New or NEW may refer to:
Music
* New, singer of K-pop group The Boyz
Albums and EPs
* ''New'' (album), by Paul McCartney, 2013
* ''New'' (EP), by Regurgitator, ...
, allowing the New Zealand Parliament to amend the Constitution Act and abolish the Legislative Council. However, the Labour government did not actually enact the abolition itself, and lost office in the
1949 general election.
In 1950, the National Party, now in government, passed the Legislative Council Abolition Act. To assist its passage into law, Holland appointed twenty members (who were dubbed the "
suicide squad") to vote for abolition, just as the Australian state of
Queensland
)
, nickname = Sunshine State
, image_map = Queensland in Australia.svg
, map_caption = Location of Queensland in Australia
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, establishe ...
had done to abolish its
upper house
An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restric ...
in 1922. They included former MPs
Harold Dickie and
Garnet Mackley.
To encourage co-operation from other members, Holland also promised to use the money saved through abolition to set up a fund for retired members. A Statutes Revision Committee (now defunct) was established to carry out some of the scrutiny that the Legislative Council had been intended for. Although abolition was intended as an interim measure, no serious attempts were made to introduce a new second chamber, and Parliament has been unicameral since.
Proposed reestablishment
Support for
bicameralism
Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single gr ...
is not completely absent, and there have been occasional
proposals
Proposal(s) or The Proposal may refer to:
* Proposal (business)
* Research proposal
* Proposal (marriage)
* Proposition, a proposal in logic and philosophy
Arts, entertainment, and media
* ''The Proposal'' (album)
Films
* ''The Proposal'' ...
for a new upper house or
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
.
A constitutional reform committee chaired by
Ronald Algie
Sir Ronald Macmillan Algie (22 October 1888 – 23 July 1978) was a New Zealand politician who served as Speaker of the House of Representatives for six years in the 1960s. He described himself as "a Tory in the old tradition".
Early life
Alg ...
proposed an appointed Senate in 1952. The short-lived
Liberal Party campaigned on re-establishing an upper house in the
1963 election. In 1990, the
National government of
Jim Bolger proposed an elected Senate, an idea advanced partly as an alternative to
New Zealand's electoral reform process.
Unicameralists in New Zealand, like former Prime Minister
Sir Geoffrey Palmer
Sir Geoffrey Winston Russell Palmer (born 21 April 1942) is a New Zealand lawyer, legal academic, and former politician, who was a member of Parliament from 1979 to 1990. He served as the 33rd prime minister of New Zealand for a little over a ...
, argued that the country is a small and relatively homogeneous
unitary state
A unitary state is a sovereign state governed as a single entity in which the central government is the supreme authority. The central government may create (or abolish) administrative divisions (sub-national units). Such units exercise only th ...
, and hence does not need the same arrangements as
federal state
A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-gover ...
s like
Australia
Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
or
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by to ...
. In addition,
Peter Dunne
Peter Francis Dunne (born 17 March 1954) is a retired New Zealand politician who was the Member of Parliament (MP) for Ōhāriu. He held the seat and its predecessors from 1984 to 2017—representing the Labour Party in Parliament from 1984 ...
, then also a Labour MP, argued that other political reforms in New Zealand such as the strengthening of the
select committee Select committee may refer to:
*Select committee (parliamentary system) A select committee is a committee made up of a small number of parliamentary members appointed to deal with particular areas or issues originating in the Westminster system o ...
system, and the introduction of
proportional representation
Proportional representation (PR) refers to a type of electoral system under which subgroups of an electorate are reflected proportionately in the elected body. The concept applies mainly to geographical (e.g. states, regions) and political divis ...
, provided adequate checks and balances, which would simply be duplicated by a second chamber.
Legislative Council Chamber
The Legislative Council Chamber remains the location of the
speech from the throne
A speech from the throne, or throne speech, is an event in certain monarchies in which the reigning sovereign, or a representative thereof, reads a prepared speech to members of the nation's legislature when a session is opened, outlining t ...
—as following the British tradition, the sovereign (or a representative) does not enter the elected House. The
usher of the Black Rod
Black Rod (officially known as the Lady Usher of the Black Rod or, if male, the Gentleman Usher of the Black Rod) is an official in the parliaments of several Commonwealth countries. The position originates in the House of Lords of the Parliam ...
summons the members of the House of Representatives to attend the
Opening of Parliament
The State Opening of Parliament is a ceremonial event which formally marks the beginning of a session of the Parliament of the United Kingdom. It includes a speech from the throne known as the King's (or Queen's) Speech. The event takes place ...
in the Legislative Council Chamber, where a speech is read usually by the governor-general.
It is also used for some select committee meetings, as well as meetings of the
Commonwealth Parliamentary Association
The Commonwealth Parliamentary Association (CPA), previously known as the Empire Parliamentary Association, is an organisation which works to support good governance, democracy and human rights.
In 1989 the patron of the CPA was the Head ...
and other official functions.
See also
*
List of members of the New Zealand Legislative Council
*
Legislative council
*
Constitution of New Zealand
Notes
References
Bibliography
*
*
*
*
*
*
*
*
External links
Sound: the end of the Legislative Council , NZHistory.net.nz, New Zealand history onlineLegislative Council Act, 1891Legislative Council Act, 1914Legislative Council Abolition Act, 1950
{{Authority control
Legislative Council, 1853-1950
Constitution of New Zealand
Parliament of New Zealand
Defunct upper houses
1853 establishments in New Zealand
1950 disestablishments in New Zealand