NZ Constitutional Law Cheat Sheet

This cheat sheet provides a concise overview of New Zealand's constitutional structure, the role of the Treaty of Waitangi, the branches of government, and the principles of the rule of law, designed for final exam preparation.

Core Principles

NZ Constitution is unwritten, not supreme law, and can be overturned by Parliament.
The Treaty of Waitangi is an international agreement, not domestic law unless incorporated.
Government is divided into Legislative, Executive, and Judiciary branches.
The Rule of Law requires laws to be clear, predictable, and applied equally.
Parliamentary sovereignty means Parliament is the ultimate law-making body.
Separation of Powers aims to prevent any one branch from becoming too powerful.
Responsible government ensures the executive is accountable to the legislature.
Judicial independence is crucial for impartial decision-making.
Drafting ambiguities in legislation can lead to interpretation issues.

Action Steps

Understand the distinction between written and unwritten constitutions.
Analyze the evolving role and legal status of the Treaty of Waitangi.
Identify the functions and powers of the Legislative, Executive, and Judiciary.
Apply the principles of the Rule of Law to governmental actions.
Evaluate the concept of Parliamentary Sovereignty and its limitations.
Examine the mechanisms for checks and balances between government branches.
Recognize the importance of judicial hierarchy and its advantages/disadvantages.
Understand how bills become law through the parliamentary process.
Identify key cabinet conventions and their implications.

Key Terms

Unwritten Constitution: A constitution not contained in a single document, comprising statutes, conventions, and common law.
Treaty of Waitangi: Founding document of New Zealand, an international agreement between Māori and the Crown.
Parliamentary Sovereignty: The principle that Parliament is the supreme law-making body.
Separation of Powers: Division of governmental power among the legislature, executive, and judiciary.
Rule of Law: Principle that everyone, including the government, is subject to the law.
Responsible Government: A system where the executive government is accountable to the legislature.
Judicial Review: The power of courts to review the lawfulness of executive actions.
MMP System: Mixed Member Proportional representation, New Zealand's electoral system.
Cabinet: The primary decision-making body of the executive government, composed of senior ministers.
Judicial Hierarchy: The structured ranking of courts, allowing for appeals from lower to higher courts.

Timeline

1941: Te Heuheu Tukino v Aotea District Māori Land Board - Ti Tiriti not enforceable until incorporated in NZ law.
1969: Police v Beattie - Case concerning the interpretation of liquor sale laws and bona fide guests.
1975: Treaty of Waitangi Act established the Waitangi Tribunal.
December 1975: Fitzgerald v Muldoon - PM Muldoon's announcement on superannuation scheme, leading to a constitutional problem.
1987: Huakina Development Trust v Waikato Valley Authority - Te Tiriti is part of the fabric of society.
1987: New Zealand Māori Council v Attorney-General (Lands Case) - Defined principles of the Treaty of Waitangi.
2014: Parliamentary Privilege Act enacted.
2016: Senior Courts Act enacted, improving transparency of court arrangements.

People

Robin Cooke: President of the Court of Appeal, led the definition of 'Treaty principles' in the Lands case.
Robert Muldoon: Prime Minister involved in the Fitzgerald v Muldoon case concerning executive power.
Governor-General: Represents the Sovereign in NZ, formally appoints ministers, and assents to bills.
Prime Minister: Head of government, leads the executive, and allocates ministerial portfolios.