Monarchy of New Zealand

Before 1953, the sovereign's title was the same throughout all realms and territories. It was agreed at the Commonwealth Economic Conference in London in December 1952 that each of the Commonwealth realms, including New Zealand, could adopt its own royal titles for the monarch.[25][26] The New Zealand Parliament enacted the Royal Titles Act in 1953,[20] altering the style borne by Queen Elizabeth II and giving her the title of Elizabeth the Second, by the Grace of God of the United Kingdom, New Zealand and Her Other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith.[27] Subsequent to the passage of the Royal Titles Act 1974, the monarch's title in New Zealand is currently Charles the Third, By the Grace of God King of New Zealand and of His Other Realms and Territories, Head of the Commonwealth, Defender of the Faith.[28]

Although the King's New Zealand title includes the phrase 'Defender of the Faith', neither the sovereign nor the governor-general has any religious role in New Zealand; there has never been an established church in the country.[29] This is one of the key differences from the King's role in England, where he is supreme governor of the Church of England.[30][n 3]

William, Prince of Wales, is the heir apparent

As the King's elder son, William, Prince of Wales, is the first in line to the throne.[32] Succession is, for persons born before 28 October 2011, governed by male-preference cognatic primogeniture and, for those born after 28 October 2011, by absolute primogeniture—wherein succession passes to an individual's children according to birth order, regardless of gender.[33]

Laws governing the line of succession, including the Act of Settlement 1701 and Bill of Rights 1689, restrict the throne to the biological, legitimate descendants of Sophia of Hanover, and stipulate that the monarch cannot be a Roman Catholic and must be in communion with (i.e. a member of) the Church of England upon accession. Through the adoption of the Statute of Westminster (later repealed in New Zealand) and the Imperial Laws Application Act 1988, these constitutional laws as they apply to New Zealand now lie within the full control of the New Zealand Parliament.[34] Nonetheless, New Zealand agreed not to change its rules of succession without the unanimous consent of the other realms, unless explicitly leaving the shared monarchy relationship—a reciprocal arrangement applied uniformly in all the other realms, including the United Kingdom, and often likened to a treaty amongst these nations.[35] In that spirit, the Commonwealth realms reached the Perth Agreement in 2011, committed to repeal the Royal Marriages Act 1772, which gave precedence to male heirs and excluded from succession a person married to a Roman Catholic. In New Zealand this was accomplished through the Royal Succession Act 2013.[36]

New Zealand Herald Extraordinary, Phillip O'Shea, reading the proclamation of accession of Charles III on the steps of the New Zealand Parliament Buildings, 2022

Upon a demise of the Crown (the death or abdication of a monarch), the late sovereign's heir immediately and automatically succeeds, without any obligatory need for affirmation or further ceremony[37]—hence arises the phrase "The King is dead. Long live the King!" It is customary, though, for the accession of the new monarch to be publicly proclaimed at a ceremony attended by the governor-general and senior state officials.[38][39] Following an appropriate period of national mourning, the monarch is also crowned in the United Kingdom in an ancient ritual, but one not necessary for a sovereign to reign.[n 4] Other than a transfer of all royal powers and functions to the new monarch from his or her predecessor, no other law or office is affected, as all references in legislation to previous monarchs, whether in the masculine (e.g. "His Majesty") or feminine (e.g. "the Queen"), continue to mean the reigning sovereign of New Zealand.[41] After an individual ascends the throne, he or she typically continues to reign until death, being unable to unilaterally abdicate.[n 5]

Regency Acts allow for regencies in the event of a monarch who is a minor or who is physically or mentally incapacitated. When a regency is necessary, the next qualified individual in the line of succession automatically becomes regent, unless they themselves are a minor or incapacitated. The Regency Act 1937 is a British law, not a New Zealand law, and as such has no direct applicability to New Zealand.[43] However, the Constitution Act 1986 specifies that should a regent be installed in the United Kingdom, that individual will carry out the functions of the sovereign of New Zealand.[44]

The sovereign draws from New Zealand funds for support in the performance of their duties when in New Zealand or acting as monarch of New Zealand abroad. New Zealanders do not pay any money to the King or any other member of the royal family, either towards personal income or to support royal residences outside of New Zealand. Normally, tax dollars pay only for the costs associated with the governor-general as instruments of the King's authority, including travel, security, residences, offices, ceremonies, and the like. Supporters of the monarchy argue it costs New Zealand taxpayers only a small outlay for royal engagements and tours and the expenses of the governor-general's establishment. Monarchy New Zealand states "[t]his figure is about one dollar per person per year", about $4.3 million per annum.[45] An analysis by New Zealand Republic (a republican advocacy group) of the 2010 budget claimed the office of governor-general costs New Zealand taxpayers about $7.6 million in ongoing costs and $11 million for Government House upgrades,[46][47][48] figures Monarchy New Zealand claimed had been "arbitrarily inflated" by New Zealand Republic.[49]

The Queen on a 2009 coin of the Cook Islands

The sovereign of New Zealand also serves as monarch to Cook Islands and Niue, territories in free association with New Zealand within the larger Realm of New Zealand.[50][51] The New Zealand monarchy is unitary throughout all jurisdictions in the realm, with the headship of state being a part of all equally.[52] As such, the sovereignty of Cook Islands and Niue is passed on not by the governor-general or parliament of New Zealand but through the overreaching Crown itself as part of executive, legislative and judicial operations in all three areas.

The self-government provisions for the Cook Islands within the Realm of New Zealand allow the King to be directly represented as head of state in Cook Islands affairs by the King's representative, while the governor-general of New Zealand represents the monarch in matters pertaining to the entire realm.[50][53] The governor-general (themselves represented by state services commissioner[54]) represents the monarch in Niue,[51][55] carrying out all the monarch's constitutional and ceremonial duties of state on their behalf. The administrator of the territory of Tokelau is a government official appointed by New Zealand's minister of foreign affairs to represent the New Zealand Government—not the monarch personally.[56][57]

Queen Elizabeth II with the New Zealand Cabinet, 1981

The New Zealand Government (formally termed His Majesty's Government[71]) is defined by the Constitution Act as the monarch acting on the advice of the Executive Council.[72] One of the main duties of the Crown is to ensure that a democratic government is always in place. This involves appointing a prime minister to thereafter head the Cabinet, a committee of the Executive Council charged with advising the Crown on the exercise of the Royal Prerogative,[73] and legally required to keep the governor-general up to date on state affairs.[74][75]

In the construct of constitutional monarchy and responsible government, the ministerial advice tendered is typically binding, a situation described as "The [King] reigns, but the government rules, so long as it has the support of the House of Representatives."[76] The Royal Prerogative belongs to the Crown and not to any of the ministers,[69] and the monarch or governor-general may unilaterally use these powers in exceptional constitutional crisis situations,[69][74][77] thereby allowing the monarch to make sure that the Government conducts itself in compliance with the constitution. There are also a few duties which must be specifically performed by, or bills that require assent by, the sovereign; these include applying the royal sign-manual and Seal of New Zealand to the appointment papers of governors-general, the confirmation of awards of New Zealand royal honours,[6] and the approval of any change in is New Zealand title.

The Royal Prerogative also extends to foreign affairs: the governor-general conducts treaties, alliances and international agreements on the advice of the Cabinet.[78] Prior to the Lomé Convention in 1975, the monarch, rather than the governor-general, would sign treaties on behalf of New Zealand. Following the signing of the convention, it was decided that the governor-general could sign such instruments.[79] The governor-general, on behalf of the monarch, also accredits New Zealand high commissioners and ambassadors, and receives similar diplomats from foreign states. The letters of credence and recall were formerly issued by the monarch, but now are issued in the name of the incumbent governor-general (instead of following the usual international process of the letters being from one head of state to another). The issuance of passports falls under the Royal Prerogative, and all New Zealand passports are issued in the monarch's name and remain his property.[80]

External video
Queen Elizabeth II opening a session of the New Zealand Parliament, 12 January 1954
Queen Opens New Zealand Parliament (1954) Source: British Pathé.[81]

The sovereign is one of the two components of the New Zealand Parliament.[77] The monarch and governor-general do not participate in the legislative process save for the granting of the Royal Assent, which is necessary for a bill to be enacted as law; either figure or a delegate may perform this task; this is now a matter of convention. The Crown is further responsible for summoning and dissolving the parliament,[82] after which the governor-general usually calls for a general election. The new parliamentary session is marked by either the monarch or the governor-general reading the Speech from the Throne;[83] as they both are traditionally barred from the House of Representatives (the elected component of parliament), this ceremony takes place in the Legislative Council Chamber.[84] Queen Elizabeth II personally opened parliament on seven occasions: January 1954, February 1963, March 1970, February 1974, February 1977, February 1986, and February 1990.[85]

Despite the sovereign's exclusion, members of parliament must still express their loyalty to him and defer to his authority, as the Oath of Allegiance must be recited by all new parliamentarians before they may take their seat.[65] Further, the official opposition is traditionally referred to as His Majesty's Loyal Opposition,[86] illustrating that, while its members are opposed to the incumbent government, they remain loyal to the sovereign (as personification of the state and its authority).[87][88]

The sovereign is responsible for rendering justice for all his subjects, and is thus traditionally deemed the fount of justice.[89] He does not personally rule in judicial cases; instead the judicial functions of the Royal Prerogative are performed in trust and in the King's name by judges and justices of the peace. The monarch is immune from criminal prosecution, the notion in common law being that the sovereign "can do no wrong";[90] the monarch cannot be prosecuted in his own courts for criminal offences. The monarch, and by extension the governor-general, also grants immunity from prosecution, exercises the royal prerogative of mercy,[22] and may pardon offences against the Crown, either before, during, or after a trial.

Members of the royal family have been present in New Zealand since the late 1800s, their reasons including participating in military manoeuvres or undertaking official royal tours.[91][92] Usually important milestones, anniversaries, or celebrations of New Zealand culture will warrant the presence of the monarch, while other royals will be asked to participate in lesser occasions. Official duties involve the sovereign representing the New Zealand state at home or abroad, or their relations as members of the royal family participating in government organised ceremonies either in New Zealand or elsewhere.[n 7] The advice of the New Zealand Cabinet is the impetus for royal participation in any New Zealand event. Such events have included centennials and bicentennials; Waitangi Day; the openings of Commonwealth and other games; anniversaries of Māori treaty signings; awards ceremonies; anniversaries of the monarch's accession; and the like. Conversely, unofficial duties are performed by royal family members on behalf of New Zealand organisations of which they may be patrons, through their attendance at charity events, visiting with members of the New Zealand Defence Force as colonel-in-chief, or marking certain key anniversaries.

Queen Elizabeth II being greeted with a Māori ceremony (a pōwhiri) before addressing a crowd. Waitangi, December 1953

Since 1869, when Prince Alfred, one of Queen Victoria's sons, arrived on New Zealand's shores,[95] dozens of tours of New Zealand by a member of the royal family have taken place, though only five of those occurred before 1953.[92] After Alfred came the Duke and Duchess of Cornwall and York (later King George V and Queen Mary) in 1901;[96] The Prince of Wales (later King Edward VIII), in 1920;[97] the Duke and Duchess of York (later King George VI and Queen Elizabeth The Queen Mother) in 1927;[98] and Prince Henry, Duke of Gloucester, from 1934 to 1935.[99] Queen Elizabeth II was the first reigning monarch of New Zealand to tour the country, becoming such when she arrived during her 1953–1954 global tour; she broadcast from Government House in Auckland her annual Royal Christmas Message.[100]

Queen Elizabeth II also toured New Zealand on a number of other occasions: between 6 and 18 February 1963, she attended celebrations at Waitangi and the Queen Elizabeth II Arts Council was founded as the nation's gift to the monarch;[101] from 12 to 30 March 1970, the Queen, accompanied by Prince Charles and Princess Anne, participated in the James Cook bicentenary celebrations;[102] between 30 January and 8 February 1974, and she attended and closed that year's Commonwealth Games in Christchurch and participated in New Zealand Day events at Waitangi.[103] As part of a Commonwealth-wide tour for her Silver Jubilee, Elizabeth was in New Zealand from 22 February to 7 March 1977; she made a brief visit, between 12 and 20 October 1981, following a Commonwealth Heads of Government Meeting (CHOGM) in Melbourne; marked the centennial of the New Zealand Police during a tour from 22 February to 2 March 1986; the Queen closed the Commonwealth Games in Auckland and, with her son, Prince Edward, took part in events marking the sesquicentennial of the Treaty of Waitangi between 1 and 16 February 1990; between 1 and 10 November 1995, she attended the CHOGM in Auckland and opened the newly refurbished parliament buildings; and, as part of her global tour for her Golden Jubilee, Elizabeth was in New Zealand from 22 to 27 February 2002.[102][104]

Some of the royal tours undertaken by more junior members of the royal family include the 1990 visit of Princess Anne to commemorate the 75th anniversary of the Gallipoli landings on Anzac Day,[105] and when Prince William represented the Queen of New Zealand at VE and VJ Day commemorations in 2005, as part of an 11-day tour,[106] and opened the new Supreme Court of New Zealand building in early 2010.[107] Prince Edward spent two terms of the 1982 academic year as a house tutor and junior master at the Wanganui Collegiate School.[11]

I want to show you that the Crown is not merely an abstract symbol of our unity but a personal and living bond between you and me.

— Queen Elizabeth II, Christmas Message, New Zealand, 1953[108]

Apart from New Zealand, the King and his family regularly perform public duties in the other 14 Commonwealth realms of which he is head of state.[109] This situation can mean members of the royal family will be promoting one nation and not another. On some occasions Queen Elizabeth II had represented the United Kingdom, while her governor-general represented New Zealand, with both in attendance at the same event.[110]

King George VI speaking with a RNZAF Flight Lieutenant Les Munro at RAF Scampton, 27 May 1943

The Crown sits at the pinnacle of the New Zealand Defence Force. The governor-general is commander-in-chief and under the Defence Act 1990 is authorised to "raise and maintain armed forces",[111] consisting of the New Zealand Army, Royal New Zealand Navy, and Royal New Zealand Air Force. The sovereign's position as head of the Defence Force[112] is reflected in New Zealand's naval vessels bearing the prefix His Majesty's New Zealand Ship (Her Majesty's New Zealand Ship in the reign of a female monarch), and in the requirement that all members of the armed forces swear their allegiance to the sovereign and his or her heirs and successors.[113] The governor-general commissions officers to command the forces.[77]

Allegiance [by Defence Force personnel is to] the Sovereign, [however] loyalty [is] to the Government of the day... The Defence Force and the disposition of those Forces are at the decision... of Her Majesty's Ministers for the time being.[114]

— State Services Commission, December 2001

Though the monarch and members of his family also act as colonels-in-chief of various regiments in the military, these posts are only ceremonial in nature, reflecting the Crown's relationship with the military through participation in military ceremonies both at home and abroad.[n 8] The country's only currently ranked Admiral of the Fleet, Field Marshal and Marshal of the Royal New Zealand Air Force is Charles III.[116] The ranks were also formerly held by Prince Philip, the consort of Queen Elizabeth II.[117] Various regiments have also received a royal prefix, such as the Corps of Royal New Zealand Engineers, the Royal New Zealand Infantry Regiment, and the Royal New Zealand Army Logistic Regiment.

Queen Elizabeth II wore a korowai (woven Māori cloak) during her first tour of New Zealand in 1953–54.

Māori interaction with the Crown dates back to 1832, when King William IV of the United Kingdom appointed James Busby as British resident, to address concerns on the part of Māori in the Bay of Islands over expanding European settlements in that area. On 28 October 1835, Busby oversaw a hui (forum) held at Waitangi, at which a flag was selected for New Zealand and a declaration of independence written by Busby was signed by 36 Māori chiefs; both were acknowledged the following year by the King in a letter from Lord Glenelg.[118]

As a result, the declaration's ratification by the British Parliament in 1836, officials in the Colonial Office determined in 1839 that a treaty of cessation would need to be signed with Māori for the British Crown to acquire sovereignty over New Zealand.[119] The Treaty of Waitangi was signed in 1840 by representatives of the British Crown and over 500 Māori chiefs,[120] and is considered the founding document of the nation.[121] The Treaty identifies the Crown's right to kāwanatanga, or "governorship", leading one Māori academic to argue that kāwanatanga, or His Majesty's Government in New Zealand, is party to the treaty.[122]

Since the treaty's implementation, a number of petitions have been made by Māori directly to the sovereign in London, whom they felt they had a special relationship, the first coming from northern chiefs in 1852. This and all subsequent appeals were directed back to the sovereign's New Zealand ministers for advice on how to proceed.[123] The results were not always favourable to Māori, who have communicated their discontent to the monarch or other royals; in response to a refusal by the Executive Council in 1981 to allow Mana Motuhake direct access to the Queen, Māori activist Dun Mihaka offered a traditional rebuke by baring his buttocks at the Prince and Princess of Wales. In a later incident Mihaka attempted to crash into the Queen's motorcade; he was intercepted by police before this happened.[124]

In the Māori language, Queen Elizabeth II is sometimes referred to as te kōtuku-rerenga-tahi, meaning "the white heron of a single flight"; in Māori proverb, the rare white heron is a significant bird seen only once in a lifetime.[10] In 1953, for her coronation, Elizabeth was given a kiwi feather korowai cloak,[125] which she wore when attending a pōwhiri, or Māori welcoming ceremony, also speaking partly in Māori.[11]

References to the monarchy are commonplace in public life in New Zealand and represent one of the most recognisable ways the head of state is incorporated into New Zealand's national identity. Royal symbols may specifically distinguish institutions that derive their authority from the Crown (such as parliament), establishments with royal associations, or merely be ways of expressing loyal or patriotic sentiment.

New Zealand shilling coin, 1933, featuring a profile of King George V on the obverse

The main symbol of the monarchy is the sovereign—Queen Elizabeth II, as of 2023, is still depicted on all coins, the twenty-dollar banknote,[126][127] and postage stamps such as the Queen Elizabeth II definitive stamp.[128] There are references to St Edward's Crown, on New Zealand's coat of arms,[129] on various medals, and awards.[130] These latter cases reflect the monarch's place as the formal head of the New Zealand royal honours system. As such, only he can approve the creation of an honour, which he does as requested by the New Zealand Government.[131][132] Though the monarch himself formally appoints members to the various orders,[133] the governor-general administers most other responsibilities relating to New Zealand honours on the sovereign's behalf (such as investitures).[131]

Queen Elizabeth II's personal flag, used in her capacity as Queen of New Zealand

Similar to coats of arms, flags are utilised to represent royal authority. A personal flag for use by the Queen in New Zealand was adopted in 1962.[134] It features the shield design of the New Zealand coat of arms in the form of an oblong or square. Superimposed in the centre is a dark blue roundel bearing an initial 'E' surmounted by a crown, all within a gold chaplet of roses.[134] The current monarch, King Charles III, has not adopted a personal flag for New Zealand.

Music and song are utilised in various ways as reminders and identifiers of the sovereign. New Zealand inherited the anthem "God Save the King" (or, alternatively, "God Save the Queen") from Britain.[135] It remains one of the two national anthems, along with "God Defend New Zealand", but has been generally restricted to official occasions where the monarch, a member of the royal family, or the governor-general is in attendance for a particular purpose. The right to declare a song a national anthem currently rests with the sovereign.[135]

As in other Commonwealth realms, the King's Birthday is a public holiday and, in New Zealand, is observed on the first Monday in June (not on the date of the monarch's actual birth).[136] Celebrations are mainly official, including the Birthday Honours list and military ceremonies.[137][138]

Stamps issued in New Zealand to commemorate the Silver Jubilee of Elizabeth II, as Queen of New Zealand

To receive patronage, an organisation must prove to be long lasting, and to be of the highest standard in their field. These organisations, such as the Royal New Zealand Returned and Services' Association, signified by the prefix royal, have received patronage from various monarchs and their families. Royal patronage is the royal individual's decision to make, though the Ministry for Culture and Heritage will help organisations to seek patronage.[139]

I look forward to continuing to serve to the best of my ability in the years to come. It fills me with great pride to stand before you here today to express my lasting respect and deep affection for this country and for New Zealanders everywhere.[185]

— Queen Elizabeth II, 25 February 2002

One of the first post-Second World War examples of New Zealand's status as an independent monarchy was the alteration of the monarch's title in 1953.[27] For the first time, the official New Zealand title mentioned New Zealand separately from the United Kingdom and the other realms,[20] to highlight the sovereign's role specifically as king/queen of New Zealand under the concept of the 'divisible crown'.[186] Elizabeth II's title at that time was Queen of the United Kingdom, New Zealand and Her Other Realms and Territories.[27] Accordingly, the name of the country in official usage was also changed to the Realm of New Zealand.[174] The Royal Titles Act 1974 further revised the monarch's New Zealand title to remove the reference to the United Kingdom.[186]

More recently, the Constitution Act 1986 has become the principal formal statement of New Zealand's constitution. This law formally establishes that the sovereign (in Right of New Zealand) is the head of state of New Zealand and that the governor-general is his representative; each can, in general, exercise all the powers of the other.[22][n 9]