The House of Representatives
ARTICLE 10. House of Representatives(1) There shall continue to be a House of Representatives for New Zealand.
(2) The House of Representatives is the same body as the House of Representatives referred to in section 32 of the New Zealand Constitution Act 1852 of the Parliament of the United Kingdom.
(3) The House of Representatives shall be regarded as always in existence, notwithstanding that Parliament has been dissolved or has expired.
(4) The House of Representatives shall have as its members those persons who are elected from time to time in accordance with the provisions of the Electoral Act 1993, and who shall be known as members of Parliament.
Compare: 1956 No 107 ss 11, 13; 1975 No 28 s 4
Subsection (4) was amended, as from 17 May 2005, by section 3 Constitution Amendment Act 2005 (2005 No 48) by substituting the expression "“1993â€" for the expression "“1956â€".
ARTICLE 11. Oath of allegiance to be taken by members of Parliament(1) A member of Parliament shall not be permitted to sit or vote in the House of Representatives until that member has taken the Oath of Allegiance in the form prescribed in section 17 of the Oaths and Declarations Act 1957.
(2) The oath to be taken under this section shall be administered by the Governor-General or a person authorised by the Governor-General to administer that oath.
Compare: New Zealand Constitution Act 1852, s 46 (UK); 1950 No 3 s 2(4)
Subsection (2) was inserted, as from 10 July 1987, by section 2 Constitution Amendment Act 1987 (1987 No 134).
ARTICLE 12. Election of SpeakerThe House of Representatives shall, at its first meeting after any general election of its members, and immediately on its first meeting after any vacancy occurs in the office of Speaker, choose one of its members as its Speaker, and every such choice shall be effective on being confirmed by the Governor-General.
Compare: 1956 No 107 s 14
ARTICLE 13. Speaker to continue in office notwithstanding dissolution or expiration of ParliamentA person who is in office as Speaker immediately before the dissolution or expiration of Parliament shall, notwithstanding that dissolution or expiration, continue in office until the close of polling day at the next general election unless that person sooner vacates office as Speaker.
Parliament
ARTICLE 14. Parliament(1) There shall be a Parliament of New Zealand, which shall consist of the Sovereign in right of New Zealand and the House of Representatives.
(2) The Parliament of New Zealand is the same body as that which before the commencement of this Act was called the General Assembly (as established by section 32 of the New Zealand Constitution Act 1852 of the Parliament of the United Kingdom) and which consisted of the Governor-General and the House of Representatives.
Compare: New Zealand Constitution Act 1852, s 32 (UK); 1950 No 3 s 2(2)
ARTICLE 15. Power of Parliament to make laws(1) The Parliament of New Zealand continues to have full power to make laws.
(2) No Act of the Parliament of the United Kingdom passed after the commencement of this Act shall extend to New Zealand as part of its law.
Compare: New Zealand Constitution Act 1852, s 53 (UK); 1973 No 114 s 2; Canada Act 1982, s 2 (UK); Australia Act 1986, s 1 (Commonwealth)
ARTICLE 16 .Royal assent to BillsA Bill passed by the House of Representatives shall become law when the Sovereign or the Governor-General assents to it and signs it in token of such assent.
Compare: New Zealand Constitution Act 1852, s 56 (UK)
ARTICLE 17. Term of Parliament(1) The term of Parliament shall, unless Parliament is sooner dissolved, be 3 years from the day fixed for the return of the writs issued for the last preceding general election of members of the House of Representatives, and no longer.
(2) Section 268 of the Electoral Act 1993 shall apply in respect of subsection (1) of this section.
Compare: 1956 No 107 s 12
Subsection (2) was substituted, as from 1 July 1994, by section 271 Electoral Act 1993 (1993 No 87).
ARTICLE 18. Summoning, proroguing, and dissolution of Parliament(1) The Governor-General may by Proclamation summon Parliament to meet at such place and time as may be appointed therein, notwithstanding that when the Proclamation is signed or when it takes effect Parliament stands prorogued to a particular date.
(1A) The Governor-General may, by Proclamation, change the place of meeting of Parliament set out in the Proclamation summoning Parliament if that place is unsafe or uninhabitable.
(2) The Governor-General may by Proclamation prorogue or dissolve Parliament.
(3) A Proclamation summoning, proroguing, or dissolving Parliament shall be effective—
(4) Every Proclamation that takes effect pursuant to subsection (3)(b) of this section shall be gazetted as soon as practicable after it is publicly read.
Compare: New Zealand Constitution Act 1852, ss 44, 82 (UK)
Subsection (1A) was inserted, as from 1 December 2002, by section 117 Civil Defence Emergency Management Act 2002 (2002 No 33). See sections 118 to 121 of that Act as to the transitional provisions.
ARTICLE 19. First meeting of Parliament after general election
After any general election of members of the House of Representatives, Parliament shall meet not later than 6 weeks after the day fixed for the return of the writs for that election.
Compare: The Bill of Rights, Article 13 (UK); Constitution of Australia (1900), s 5
ARTICLE 20. Lapse or reinstatement of parliamentary business
(1) Any Bill, petition, or other business before the House of Representatives or any of its committees during a session of a Parliament (any parliamentary business)—
(2) Parliamentary business is reinstated in that next session if, after that dissolution or expiration, the House of Representatives resolves that the parliamentary business be reinstated in that next session.
Section 20 was substituted, as from 17 May 2005, by section 4 Constitution Amendment Act 2005 (2005 No 48).
Parliament and public finance
ARTICLE 21. Bills appropriating public money[Repealed]
Compare: New Zealand Constitution Act 1852, s 54 (UK)
Section 21 was repealed, as from 17 May 2005, by section 5 Constitution Amendment Act 2005 (2005 No 48).
ARTICLE 22. Parliamentary control of public financeIt shall not be lawful for the Crown, except by or under an Act of Parliament,—
(a) To levy a tax; or
(b) to borrow money or to receive money borrowed from any person; or.
(c) To spend any public money.
Compare: The Bill of Rights, Article 4 (UK); 1977 No 65 ss 53(1), 70
Paragraph (b) was substituted, as from 25 January 2005, by section 37(1) Public Finance Amendment Act 2004 (2004 No 113).