Рефераты. New Zealand

Politics

Constitution

New Zealand shares with Britain and Israel the distinction of being one of the three developed countries that does not have a codified Constitution on the U.S. model. When the country was annexed by Britain in 1840, the British parliament enacted that all applicable law of England as at 1840 became the law of New Zealand. In 1856, the New Zealand parliament was given the power to enact its own law and nothing changed when full independence was achieved (26-9-1907) except that the British parliament lost its overriding authority.

We have, thus, never had the problem that Australia and Canada have had of "repatriating" a constitution that was really an Act of the British parliament.

Our constitution, like the British, consists of parliament's own conventions and rules of conduct, some legislation such as the New Zealand Constitution Act (1986, not enacted), and fundamental rules applied by the Courts which go back into English history. It evolves rather than is amended.

The flag of New Zealand is blue with the flag of the UK in the upper hoist- side quadrant with four red five-pointed stars edged in white centered in the outer half of the flag; the stars represent the Southern Cross constellation.

The National Anthem of New Zealand is "God Defend New Zealand".

Form of Government

Constitutional monarchy, with a single-chamber parliament.

The monarch is said to "reign but not rule": except for a residual power to actually govern in the event of some complete breakdown of the parliamentary system, the monarch has merely ceremonial duties and advisory powers. When the monarch is absent from the country, which is most of the time, those duties and powers are delegated to the Governor-General who is appointed by the monarch for a limited term after approval by the government.

Parliament is the consitutional "sovereign" - there is no theoretical limit on what it can validly do, and the validity of the laws which it enacts cannot be challenged in the courts (although the courts do have and use wide- ranging powers to control administrative acts of the government). A new parliament is elected every three years (universal suffrage at age 18). The leader of the party which commands majority support in parliament is appointed prime minister and he or she nominates the other Ministers of the Crown. The ministers (and sometimes the whole majority party in parliament) are collectively called "the government". Our system almost entirely lacks formal checks and balances - the majority party can virtually legislate as it likes subject only to its desire to be re-elected every three years.

Until now, members of parliament have been elected on a single-member constituency, winner takes all, system similar to those of Britain and the U.S.A. As a result of referenda conducted in 1993, future parliaments will be elected on a mixed-member proportional system modelled on that of Germany.

The administration is highly centralised. The country is divided into "districts" (the urban ones called "cities") each with a District (or City) Council and Mayor, but their powers are limited to providing public facilities (not housing) and enforcement of by-laws (local regulations) such as parking regulations. The Police are a single force controlled by the central government.

The Justice System

There is a four-level hearings and appeals system:

Top level Judicial Committee of the Privy Council (London)

Court of Appeal (Wellington)

High Court (in all cities)

Bottom level District Courts (most towns)

There is also the Small Claims Court which handles smaller personal disputes.

Civil and criminal cases start in the District or High Court, depending on their seriousness and appeals go up the chain. Certain rare cases can start in the Court of Appeal. District and High Court judges sit alone or with juries. The Court of Appeal (and on certain rare occasions the High Court) consists of three or five judges sitting "en banc". The Judicial Committee of the Privy Council consists mainly of British Law Lords with New Zealand judges also sitting in New Zealand cases; in theory its decisions merely "opinions" for the benefit of the monarch as the fount of all justice, but in practice its rulings have the force of ultimate appeal.

All judges are appointed by the government - High Court judges are nominated by the Law Society, but District Court judges apply for the job like any other. Various special-purpose courts (Industrial Court, Maori Land Court, Family Court, etc.) exist and have the same status as either a District Court or the High Court.

History

The Polynesian navigator Kupe has been credited with the discovery of New Zealand in 950 AD. He named it Aotearoa (Land of the Long White Cloud).

Centuries later, around 1350 AD, a great migration of people from Kupe's homeland of Hawaiki followed his navigational instructions and sailed to New Zealand, eventually supplanting or mixing with previous residents. Their culture, developed over centuries without any discernible outside influence, was hierarchical and often sanguinary.

In 1642, the Dutch explorer Abel Tasman briefly sailed along the west coast of New Zealand; any thoughts of a longer stay were thwarted when his attempt to land resulted in several of his crew being killed and eaten. In 1769,

Captain James Cook circumnavigated the two main islands aboard the Endeavour.

Initial contact with the Maoris also proved violent but Cook, impressed with the Maoris' bravery and spirit and recognising the potential of this newfound land, grabbed it for the British crown before setting sail for Australia.

When the British began their antipodean colonising, New Zealand was originally seen as an offshoot of Australian enterprise in whaling and sealing: in fact, from 1839 to 1841 the country was under the jurisdiction of New South Wales. However, increased European settlement soon proved problematic: a policy was urgently required regarding land deals between the settlers (Pakeha) and the Maori. In 1840, the Treaty of Waitangi was signed, with the Maori ceding sovereignty of their country to Britain in exchange for protection and guaranteed possession of their lands. But relations between the Maori and Pakeha soon soured (the Maoris became increasingly alarmed at the effect the Pakeha had on their society while the Pakeha rode roughshod over Maori rights outlined in the treaty). In 1860, war broke out between them, continuing for much of the decade before the Maori were defeated.

By the late 19th century, things had temporarily calmed down. The discovery of gold had engendered much prosperity, and wide-scale sheep farming meant New Zealand became an efficient and mostly self-reliant country. Sweeping social changes - women's suffrage, social security, the encouragement of trade unions and the introduction of child care services - cemented New Zealand's reputation as a country committed to egalitarian reform.

New Zealand was given dominion status in the British Empire in 1907 and granted autonomy by Britain in 1931; independence, however, was not formally proclaimed until 1947. The economy continued to prosper until the worldwide recession in the 1980s, when unemployment rose dramatically. Today the economy has stabilised, thanks largely to an export-driven recovery.

Internationally, New Zealand was hailed during the mid-1980s for its anti-nuclear stance - even though it meant a falling-out with the USA - and its opposition to French nuclear testing in the Pacific (which France countered, to much opprobrium but little penalty, by blowing up the Greenpeace vessel Rainbow Warrior as it sat in Auckland Harbour).

The Maori population is now increasing faster than the Pakeha and a resurgence in Maoritanga (Maori culture) has had a major and lasting impact on New Zealand society. Culturally, the most heartening aspect had been the mending of relations between the Maori and Pakeha (in 1985, the Treaty of Waitangi was overhauled, leading to financial reparations to a number of Maori tribes whose land had been unjustly confiscated). However, a recent clumsy take-it-or-leave-it attempt by the New Zealand government to offer financial reparations has resulted in an upsurge of militant Maori protests.

Maoris have disrupted events, occupied land claim areas, set up roadblocks and threatened to blow-up the New Zealand parliament. The disharmony has shocked New Zealanders and placed national conciliation at the top of the political agenda.

26,000,000 B.C.

Southern alps rise above the ocean.

700 A.D.

Possible early settlement on the South Island by an archaic Maori population originating in Polynesia.

10C

Date of discovery of New Zealand by Polynesian navigator Kupe according to Maori legend. Islands named Aotearoa, "Land of the Long White Cloud".

12C

Settlement of the North Island.

13 and 14C

"Great Migration" from the Society Islands. Dwindling moa population.

Warrior society established.

1642

Dutch explorer Abel Tasman discovers west coast of the South Island. Dutch name the country "Nieuw Zeeland" after the Dutch island province of Zeeland.

1769-70

Captain James Cook circumnavigates and charts both islands, taking possession of "New Zealand" for Britain.

1820s

First European settlement (in the Bay of Islands).

1830s

Intertribal wars abate due to introduction of musket and wholesale slaughter.

1840

Treaty of Waitangi signed. Maoris cede sovereignty to Britain, obtain guarantees of land ownership and "rights and privileges of British subjects."

1850-1880

"Wool period" with importation of sheep from Australia. Also a period of war and conflict over land ownership.

1882

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