Statute of Westminster Adoption Act 1947

Statute of Westminster Adoption Act 1947

The Statute of Westminster Adoption Act 1947 was a constitutional Act of the New Zealand Parliament that formally accepted the full external autonomy offered by the British Parliament. By passing the Act on November 25 1947, New Zealand ratified the Statute of Westminster 1931, an Act of the British Parliament which granted full sovereign status and Commonwealth membership to the Dominions ratifying the statute. The Act required the British Parliament to pass the New Zealand Constitution Amendment (Request and Consent) Act 1947.

Effect

The Act repealed the Colonial Laws Validity Act 1865 in New Zealand.

Background

New Zealand did not adopt the Statute of Westminster 1931 until 1947 on account of a desire not to foster separatism in the British Empire. However, in the wake of the failure to stem the Japanese advance across the Pacific during World War II, it became increasingly clear to New Zealand that it could not rely on the United Kingdom for protection, which influenced the adoption of the statute and the New Zealand nationality law. The First Labour Government of Peter Fraser had proposed to adopt the statute in its Speech from the Throne in 1944 (two years after Australia adopted the Act), which had led to an outcry by the opposition. The proposal was buried. Ironically, the National opposition prompted the adoption of the Statute in 1947 when its leader, and future Prime Minister Sidney Holland introduced a private members' bill to abolish the New Zealand Legislative Council. Because New Zealand required the consent of the Parliament of the United Kingdom to amend the New Zealand Constitution Act 1852, Fraser decided to finally adopt the Statute [ [http://www.teara.govt.nz/1966/H/HistoryConstitutional/TheLegislativeAuthorityOfTheNewZealand/en HISTORY, CONSTITUTIONAL - The Legislative Authority of the New Zealand Parliament - 1966 Encyclopaedia of New Zealand ] ] [ [http://www.parliament.nz/en-NZ/PubRes/Research/Papers/9/1/8/00PLLawRP07041-New-Zealand-sovereignty-1857-1907-1947-or-1987.htm New Zealand Parliament - New Zealand sovereignty: 1857, 1907, 1947, or 1987? ] ] .

References

ee also

* Statute of Westminster Adoption Act 1942 - Australian equivalent of the Act
* Constitution of New Zealand
* Independence of New Zealand


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