New Zealand Constitution Act 1852

1852 UK Parliament act granting self government to the Colony of New Zealand

The New Zealand Constitution Act 1852 (15 & 16 Vict. c. 72) was an Act of the Parliament of the United Kingdom that granted self government to the Colony of New Zealand. It was the second such Act, the previous 1846 Act not having been fully implemented. The purpose of the Act was to have constitutional independence from Britain. The definition of franchise or the ability to vote excluded all women, most Māori, all non British people and those with convictions for serious offences. The Act remained in force as part of New Zealand's constitution until it was repealed by the Constitution Act 1986. The long title of the Act was "An Act to Grant a Representative Constitution to the Colony of New Zealand". The Act received royal assent on 30 June 1852.

In 1850, New Zealand was being governed as a Crown Colony. This style of government was increasingly inadequate in light of changing circumstances. The rapid demographic changes as new immigrants arrived meant a new, democratic style of government had to be established to replace the dictatorial Crown Colony system. The New Zealand Company, which was established in 1839, proposed that New Zealand should have representative institutions, and this was consistent with the findings of the Durham Report, which was commissioned during 1838 following minor rebellions in Upper and Lower Canada. The first settlement of the company, Wellington, briefly had its own elected council during 1840, which dissolved itself on the instruction of Lieutenant Governor William Hobson. The first New Zealand Constitution Act was passed in 1846, though Governor George Grey was opposed to its implementation, specifically the proposed division of the country into European and Māori districts, and stated that settlers were not ready for self government. As a result, almost all of the Act was suspended for six years pending the new Act of 1852, the only operative part of the 1846 Act being the creation of New Zealand's first provinces, New Ulster Province and New Munster Province. In the meantime, Grey drafted his own Constitution Act while camping on Mount Ruapehu. Grey's draft established both provincial and central representative assemblies, allowed for Māori districts and a governor elected by the General Assembly. Only the latter proposal was rejected by the Parliament of the United Kingdom when it adopted Grey's constitution.

The Constitution Act consisted of 82 sections as passed, a preamble and one schedule.

The Constitution Act's preamble recounts the previous enactments (including the New Zealand Constitution Act 1846), charters and letters patent passed and issued in the creation of the Colony of New Zealand.

The Constitution Act repealed all enactments that were repugnant to the Constitution Act but preserved all ordinances of the then established provinces of New Zealand.

Sections 2 to 28 dealt with the Provinces of New Zealand, setting out their establishment, composition, elections, powers and procedures. Each province was to have a Superintendent and a Provincial Council. Each Provincial Council consisted of no less than nine members, elected by men over the age of 21 years, owning freehold estate, living in the district and with a £50 or above income per annum. Since Māori land was owned collectively not on individual title as was required, most Māori could not vote.

In 1947, New Zealand adopted the Statute of Westminster 1931 with the Statute of Westminster Adoption Act 1947. The only remaining provision of the Constitution Act relating to the Parliament of the United Kingdom was the ability of the former imperial legislature to legislate for New Zealand at the New Zealand Parliament's consent. This occurred only once, for the New Zealand Constitution Amendment Act 1947 which adopted the New Zealand Parliament's New Zealand Constitution Amendment (Request and Consent) Act 1947.

This amendment repealed the sections of the Constitution Act relating to the Legislative Council so that the New Zealand General Assembly, now Parliament, became a unicameral (single chamber) legislature.

This amendment gave the New Zealand Parliament the power to pass laws of extraterritorial effect.

The Act was repealed by section 28 of the Constitution Act 1986 in New Zealand. By the time of its repeal, only 18 of the Act's original 82 sections remained, of which a number were regarded as no longer effective. In the UK it was repealed by the Statute Law (Repeals) Act 1989.