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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)
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Court of Appeal (Wellington)
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High Court (in all cities)
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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.
Реферат опубликован: 25/03/2008