08 - 12 Constitution

Question 1

Written constitution

Answer 1

• means the constitution is found in one or a number of formal documents. For example the USA with its amendments.
• Structure of government, rights of citizens

Question 2

Unwritten constitution

Answer 2

Not in a formalised document(s)

Question 3

The New Zealand Constitution is derived from a variety of sources:

Answer 3

New Zealand Legislation:

• Constitution Act 1986
• Electoral Act 1993
• New Zealand Bill of Rights 1990
• Habeas Corpus Act 2001
• Treaty of Waitangi

Question 4

Treaty of Waitangi Tiriti o Waitangi

Answer 4

• Allowed British right of government
• Maori retained rights of ownership of land, fisheries and taonga (precious or sacred or important) things
• Land sales to government only
• Maori given rights and protections of British subjects
• Incorporated into some statutes

Question 5

New Zealand Maori Council v Attorney General [1987] (court case example)

Answer 5

1 NZLR 641
the decision gives the Treaty of Waitangi a place in New Zealand for the first time and acceptance that the Government has a responsibility actively to fund the promotion of Maori language and culture and language

Question 6

In their judgments the Court recognised a number of principles of the Treaty of Waitangi, including:

Answer 6

• Kawanatanga and tino rangatiratanga – the right of the Crown to govern and the right of Māori to continue to exercise self-determination,
• On-going partnership with obligations to act reasonably and in good faith,
• Duty to remedy past breaches; and
• Active protection

Question 7

The New Zealand Constitution..

Answer 7

is not contained in one document.

There is a need to look at several Acts, cases and the Treaty of Waitangi