Republicanism in New Zealand

Republicanism in New Zealand is a movement to change the country's current status as a Commonwealth realm and constitutional monarchy to that of a Commonwealth republic. New Zealand public opinion is split between those who support the monarchy, and those who support a republic^[1]^[2].

History

The term "republic" has been used in New Zealand to describe a state independent of the central government. For example, residents of the Taranaki town of Whangamomona declared their town a "republic" in 1989 to protest at the government's re-drawing of regional administrative boundaries, a protest group in Aramoana declared their town the Independent State of Aramoana in protest against proposals for an aluminium smelter in that town.

19th century

The first use of the term "republic" to connote an independent state in New Zealand came in 1840 when Lieutenant Governor William Hobson described the New Zealand Company settlement of Port Nicholson (Wellington), which had its own governing council, as such ^[3]. Later, Wellington became the centre of agitation by settlers for representative government, which was finally granted by the New Zealand Constitution Act 1852. In particular Samuel Revans, who founded the Wellington Settlers' Constitutional Association in 1848, advocated a New Zealand republic.

In 1845 Ngapuhi chief Hone Heke, allegedly inspired by the United States of America, cut down the flagpole flying the Union Flag at Kororareka in the Bay of Islands. Heke was disgruntled at what he saw as the British Crown's failure to honour the Treaty of Waitangi, and he repeated this symbolic act of defiance three times, despite the armed resistance of British troops.

In 1879, Te Whiti and his followers launched a campaign of ploughing up land that had been confiscated. Alarmed at the campaign against European settlement in Taranaki, and the lack of government response to this campaign, the people of Hawera declared themselves the Republic of Hawera ^[6], and formed their own volunteer units to oppose Te Whiti. In 1881 government troops invaded Parihaka and arrested Te Whiti, bringing the republic to an end.

20th century

In 1966 left-wing activist Bruce Jesson founded the anti-royal Republican Association of New Zealand, later forming a the original Republican Party) in 1967. The party had a stridently nationalist platform^[7]. Republican Party activity petered out after the 1969 general election, and Jesson wound up the party in 1974. He continued to publish a pro-republic broadsheet entitled The Republican, although the topics covered related to left-wing issues, not republicanism. In 1979 the Mana Māori Motuhake Party included republicanism as part of its policy platform. However, the issue was never raised as Mana Māori Motuhake became a member of the Alliance Party.

Bolger initiates debate

Despite the republic issue rising to prominence in neighbouring Australia in 1992 with Australian Labor Party Prime Minister Paul Keating initiating the debate, the debate did not begin in New Zealand until 1994. National Prime Minister Jim Bolger caused surprise by suggesting in his opening speech to the 44th Parliament in the Address In Reply debate that New Zealand become a republic. Bolger stated that New Zealand's links with Britain were in decline, and that the country should acknowledge that "the tide of history is moving in one direction"^[7]. Trevor Mallard interjected that "the Prime Minister has been reading Paul Keating's speeches", to which Bolger retorted: "I do not read Labor Party speeches".

Public opinion did not respond to Bolger's call for a republic and most of Bolger's political opponents labelled the issue a distraction. Bolger's call came before the move to the MMP electoral system in 1996 which created trepidation for further constitutional reform that was not present in Australia at that time.

Bolger, the son of Irish immigrants, denied that his views relate to his Irish heritage^[8]. His government ended the awarding of British honours in 1996, introducing a New Zealand Honours System. Bolger's successor, Jenny Shipley, did not share his enthusiasm for republicanism, although she did support changing New Zealand's flag. Shipley noted during a visit in 1999 of the Princess Royal, "I am an unashamed royal supporter, along with many New Zealanders."

At a conference on the "Bolger years" in 2007, Bolger recalled speaking to the Queen about the issue of New Zealand becoming a republic:

1999 Australian referendum

In 1999 the Republican Coalition of New Zealand relaunched itself as the Republican Movement of Aotearoa New Zealand, similar to the Australian Republican Movement to take advantage of increased coverage of the issue as a result of the 1999 Australian republic referendum, although it received relatively little media coverage in New Zealand. However, during the campaign Richard Nottage, the outgoing Secretary of Foreign Affairs and Trade, took the unusual step of calling for New Zealand to consider becoming a republic.

The debate

Arguments for change

Supporters of a republic generally divide their case for a republic between constitutional and symbolic reasons:

Many republicans believe that the notions of hereditary, primogeniture, sexual discrimination and religious discrimination inherent in the succession of the throne have no place in New Zealand's democratic and egalitarian society. They also emphasise that government devolves from the consent of the governed, not from an abstract concept such as "the Crown".

Arguments against change

Some supporters of the monarchy defend hereditary selection of the Sovereign arguing that it is the most "natural" way to choose a non-partisan leader.

Support for a republic

Opinion polls

Most polls on the republic issue show that the New Zealand public supports by a majority the status quo. There is, however, a trend of increasing support for a republic. Generally, more younger New Zealanders tend to support a republic over the monarchy, whereas the reverse is true for older New Zealanders. Ethnically, more Māori support a republic than Pākehā^[15], despite concerns over the Treaty of Waitangi. A One News Colmar Brunton poll in 2002 found that 58% of the population believed the monarchy has little or no relevance to their lives^[16]. These polls may be misleading, however, as there has been little public debate on the issue in recent decades.

Current party political positions

Labour

Support for a republic is fairly strong within the governing Labour Party. Prime Minister Helen Clark has previously expressed her support for a republic, stating that she thinks a republic is "inevitable" and describing the role of the monarchy as "antiquated". Critics of Clark's government have often derided her support for a republic, claiming that the Prime Minister desires to be "President Helen"^[18] should New Zealand become a republic. Other ministers, such as David Cunliffe^[19], have expressed their support for a republic. Deputy Prime Minister Michael Cullen, however, has declared that he supports the monarchy. In 2004, Cullen said he was "a sort of token monarchist in the Cabinet these days"^[20].

National

The National Party's constitution specifies that the Party desires "Loyalty to our country, its democratic principles and our Sovereign as Head of State". However, a vote to remove reference to the Sovereign was held in April 2003 as part of the party's constitutional conference. It was not however motivated by republicanism, but rather as part of a reduction of the core principles of the party. It was defeated by only three votes, with over 200 conference delegates voting. National MPs Richard Worth, John Carter and Wayne Mapp have been some of the most vocal members of their party to defend the monarchy. National Party leader John Key has said he is "Not convinced it [a republic] will be a big issue in the short term".^[22]

Minor parties

Similarly, the socially conservative New Zealand First party and the ACT party generally oppose moves toward a republic, whereas support for a republic is strongest amongst the supporters of the Green Party, it is not the party's policy. Since 2001 Green MP Keith Locke has had a Private Member's Bill, the Head of state (Referenda) Bill, waiting to be drawn from the members' ballot on the issue.

Co-leader of the Maori Party, Tariana Turia, has previously supported moves to a republic^[24], although her party has no declared position on the issue.

Peter Dunne, leader of United Future New Zealand is a supporter of New Zealand becoming a republic. The party has a policy of creating a Royal Commission into New Zealand's constitution, which should include "...questions of whether New Zealand should become a republic and whether there should be a written constitution".^[25]

Parties outside of Parliament

Outside of Parliament, a republic was opposed by the former Christian Heritage New Zealand party, which stated in its policy information that it would "[r]etain New Zealand's position as a constitutional monarchy and oppose any moves to make New Zealand a republic". ^[27] The small Libertarianz Party produced a written constitution seeking a "Republic of New Freeland" to replace the constitutional monarchy.

Governors-General

Former Governor-General Dame Catherine Tizard said publicly in 2004 that the monarch should be replaced by a New Zealand head of state, along with Sir Paul Reeves who has indicated that he would not oppose a republic. Sir Paul has since indicated that he did not wish to become involved in any debate on the matter. However another former Governor-General, Sir Michael Hardie Boys, has supported the status quo stating "If it ain't broke, don't fix it"^[13]. On 29 July 2006, outgoing Governor-General Dame Silvia Cartwright has stated that she has no views as to whether New Zealand becomes a republic, noting: "I'm the Queen's representative in New Zealand ...we often overlook the intense loyalty and love the Māori people have for the Queen - probably more intense than many people of European descent. This is a history that's never going to die."^[28].

Constitutional issues

Were New Zealand to move towards becoming a republic, the change would occur with far more ease than in Australia. This is because New Zealand is a unitary state and has no written constitution, unlike Australia, where constitutional change must not only be approved in a referendum by a majority of voters, but also by a majority of states. New Zealand has made radical constitutional changes without difficulty in the past, such as the abolition of its upper house of parliament in 1951, the introduction of proportional representation in 1996 and most recently the creation of the Supreme Court of New Zealand as the court of final appeal. Academics, such as Professor Jock Brookfield have backed the view that the legal changes required for a republic are not complex^[29]^[30].

The Treaty of Waitangi

Many Māori see the Crown as a guarantor of their legal rights under the Treaty of Waitangi, which was an agreement signed between the Māori tribes and the British Crown, not with the New Zealand Government. Monarchists have thus frequently argued abolishing the monarchy would "complicate" Māori relations. In response, republicans have argued that the partner to the Treaty has changed before (from the monarch of the United Kingdom to the monarch of New Zealand), and thus the move to a republic would not change the status of the Treaty of Waitangi. This view is shared by many Māori, including constitutional lawyer Moana Jackson.

Models of a republic

There is no agreed model of how a New Zealand republic might be constituted, but most proposals focus on reforming the Governor-General of New Zealand as a ceremonial head of state, making New Zealand a Parliamentary republic. Under the Head of state (Referenda) Bill^[32], two models of a republic along with the status quo would be put to a referendum:

In the opinion of legal academic Andrew Stockley the constitutional changes required by such a model would not be major^[33]. The Bill is supported to Select Committee stage by the Republican Movement.

In February 2008, the Republican Movement suggested electing the Governor-General as an interim step to a republic, arguing "Electing the Governor-General allows for easier transition to a republic, because the populace is used to electing someone as a ceremonial de facto head of state."^[34]

Other proposals have been mooted from time to time - such as appointment by a council consisting of members of the New Zealand Order of Merit.

Realm of New Zealand

Currently, the Realm of New Zealand consists of New Zealand proper and two states in free association, Niue and the Cook Islands. Should New Zealand become a republic, the Realm of New Zealand would continue to exist without New Zealand, the Ross Dependency and Tokelau^[36]. This would not be a legal hurdle to a New Zealand republic, and both the Cook Islands and Niue would retain their status as associated states with New Zealand, as New Zealand shares its Head of state with the Cook Islands and Niue in the same way the United Kingdom shares its head of state with the other Commonwealth realms. However, a New Zealand republic would present the issue of independence to the Cook Islands and Niue.

Commonwealth membership

Though becoming a republic does not automatically require a change to Commonwealth membership, Commonwealth realms that become republics must still obtain the permission of other members to remain in the organisation after becoming a republic. Though this is usually only a formality, any member(s) against the proposal could block the membership of a republican New Zealand in the Commonwealth. However, the rejection of membership is often due to policies at odds with the Commonwealth of Nations membership criteria (as with Apartheid South Africa in 1961, which did not re-apply for membership) pursued by the government, not republicanism.

Recent developments

The election of the present Labour-led government in 1999 under Helen Clark has seen a number of alleged moves to a republic, such as the abolition of appeals to the Privy Council.

New Zealand Honours

The New Zealand Honours System previously awarded Knighthoods and Damehoods, but these were removed in 2000. A poll conducted by the National Business Review^[38] in February 2000 revealed that 54% of New Zealanders thought the titles should be scrapped. Technically, New Zealanders could still receive a Knighthood and Damehood directly from the Queen.

Supreme Court

Appeals to the Privy Council were replaced by appeals to the new Supreme Court of New Zealand from 1 July 2004. There is no link between abolition of appeals to the Privy Council and the possibility of New Zealand becoming a republic. However, some advocates of abolition were motivated by republican sentiment.

Constitutional Inquiry

In November 2004, Prime Minister Clark announced the formation of a parliamentary committee of inquiry into the constitution, chaired by United Future New Zealand leader Peter Dunne. Both the National Party and New Zealand First refused to participate, with Opposition leader Don Brash calling the committee a "political stunt", accusing the Prime Minister of using the inquiry as a distraction from the issue of Māori land claims under the Treaty of Waitangi^[39]. In its final report, the committee recommended wider education on the constitution^[40].

Queen's Counsel

In March 2006 Parliament passed the Lawyers and Conveyancers Act which, among other things, replaced the title of Queen's Counsel, given to senior barristers, with that of Senior Counsel. These changes have already occurred in some Australian states, where they have been criticised by supporters of the monarchy as "republicanism by stealth".

In response the Republican Movement noted ^[42] that the change is simply to acknowledge the independence of such lawyers, who are often called upon to investigate matters for the government.

Modernisation of Oaths

In May 2004 the Minister of Justice, Phil Goff, announced a review of New Zealand's Oaths and affirmations. The review suggested that New Zealand could follow the experience of Australia by removing references to the Queen from the Oaths. The Monarchist League called the proposed change "republicanism by stealth". The Republican Movement argued that removing references to the Queen simply reflected New Zealanders' contemporary values ^[43]. One year after the review was announced, Phil Goff released the new forms the Oaths were to take, with references to the Queen being retained, and the Oaths Modernisation Bill was introduced into Parliament.

After passing its first reading and going to the Government Administration Committee, the Bill is currently waiting to be voted on for its second reading.

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