The below draft constitution has been translated and formatted for the use of New Zealand, if you discover anything you want to change please complete a petition with 50,000 signatures and submit it to the website, the point of this is to firstly have a national conversation about the published articles and secondly to practice what it would be like to amend or add to the below draft, this would occur as the citisens of NZ would like change, every year there would be constitutional and legislative voting to amend, retract, vote or add to these documents, you would decide how much you participate, within Switzerland they currently have about 30% participation for all votes but for important matters they have as much as 100% participation in voting.
I hope you enjoy the future of your New Zealand.
Draft Constitution for New Zealand
Federal Constitution
of the New Zealand Confederation
of (Date voted on by the people of NZ) (Status as of Date voted on)
Preamble
In the name of Almighty God!
The New Zealand People and the Villages,
mindful of their responsibility towards creation,
resolved to renew their alliance so as to strengthen liberty, democracy, independence and peace in a spirit of solidarity and openness towards the world,
determined to live together with mutual consideration and respect for their diversity,
conscious of their common achievements and their responsibility towards future generations,
and in the knowledge that only those who use their freedom remain free, and that the strength of a people is measured by the well-being of its weakest members,
Title 1 General Provisions
Art. 1 The New Zealand Confederation
The People and the Regions of (named regions of New Zealand) form the New Zealand Confederation.
Art. 2 Aims
1 The New Zealand Confederation shall protect the liberty and rights of the people and safeguard the independence and security of the country.
2 It shall promote the common welfare, sustainable development, internal cohesion, and cultural diversity of the country.
3 It shall ensure the greatest possible equality of opportunity among its citizens.
4 It is committed to the long-term preservation of natural resources and to a just and peaceful international order.
Art. 3 Regions
The Regions are sovereign except to the extent that their sovereignty is limited by the Federal Constitution. They exercise all rights that are not vested in the Confederation.
Art. 4 National languages
The National Language is English.
Art. 5 Rule of law
1 All activities of the state are based on and limited by law.
2 State activities must be conducted in the public interest and be proportionate to the ends sought.
3 State institutions and private persons shall act in good faith.
4 The Confederation and the Regions shall review and vote on compliance of international law.
Art. 5a Subsidiarity
The principle of subsidiarity must be observed in the allocation and performance of state tasks.
1 Adopted by the popular vote on (Date voted on), in force since (Date voted on)
Art. 6 Individual and collective responsibility
All individuals shall take responsibility for themselves and shall, according to their abilities, contribute to achieving the tasks of the state and society.
Title 2 Fundamental Rights, Citizenship and Social Goals
Chapter 1 Fundamental Rights
Art. 7 Human dignity
Human dignity must be respected and protected.
Art. 8 Equality before the law
1 Every person is equal before the law.
2 No person may be discriminated against, on grounds of origin, race, gender, age, language, social position, way of life, religious, ideological, or political convictions, or because of a physical, mental or psychological disability.
3 Men and women have equal rights. The law shall ensure their equality, both in law and in practice, most particularly in the family, in education, and in the workplace. Men and women have the right to equal pay for work of equal value.
4 The law shall provide for the elimination of inequalities that affect persons with disabilities.
Art. 9 Protection against arbitrary conduct and principle of good faith
Every person has the right to be treated by state authorities in good faith and in a non-arbitrary manner.
Art. 10 Right to life and to personal freedom
1 Every person has the right to life as long as they do not attempt to take another’s life, this includes in a capacity of the state.
2 Every person has the right to personal liberty and in particular to physical and mental integrity and to freedom of movement.
3 Torture and any other form of cruel, inhuman or degrading treatment or punishment are prohibited.
Art. 10a Ban on covering the face
1 No person may cover their face in public spaces or in places that are accessible to the public or where services are offered to anyone wishing to partake of them; the ban does not apply to places of worship.
2 No person may force another person to cover their face on the grounds of their sex.
3 The law shall provide for exceptions. These may only be justified on the grounds of health, safety, weather conditions or local custom.
Art. 11 Protection of children and young people
1 Children and young people have the right to the special protection of their integrity and to the encouragement of their development.
2 They may personally exercise their rights to the extent that their power of judgement allows.
Art. 12 Right to assistance when in need
Persons in need and unable to provide for themselves have the right to assistance and care, and to the financial means required for a decent standard of living.
Art. 13 Right to privacy
1 Every person has the right to privacy in their private and family life and in their home, and in relation to their mail and telecommunications.
2 Every person has the right to be protected against the misuse of their personal data.
Art. 14 Right to marry and to have a family
The right to marry and to have a family is guaranteed.
Art. 15 Freedom of religion and conscience
1 Freedom of religion and conscience is guaranteed.
2 Every person has the right to choose freely their religion or their philosophical convictions, and to profess them alone or in community with others.
3 Every person has the right to join or to belong to a religious community, and to follow religious teachings.
4 No person may be forced to join or belong to a religious community, to participate in a religious act, or to follow religious teachings.
Art. 16 Freedom of expression and of information
1 Freedom of expression and of information is guaranteed.
2 Every person has the right freely to form, express, and impart their opinions.
3 Every person has the right freely to receive information to gather it from generally accessible sources and to disseminate it.
Art. 17 Freedom of the media
1 Freedom of the press, radio and television and of other forms of dissemination of features and information by means of public telecommunications is guaranteed.
2 Censorship is prohibited.
3 The protection of sources is guaranteed.
Art. 18 Freedom to use any language
The freedom to use any language is guaranteed.
Art. 19 Right to basic education
The right to an adequate and free basic education is guaranteed
Art. 20 Academic freedom
Freedom of research and teaching is guaranteed.
Art. 21 Freedom of artistic expression
Freedom of artistic expression is guaranteed.
Art. 22 Freedom of assembly
1 Freedom of assembly is guaranteed.
2 Every person has the right to organise meetings and to participate or not to participate in meetings.
Art. 23 Freedom of association
1 Freedom of association is guaranteed.
2 Every person has the right to form, join or belong to an association and to participate in the activities of an association.
3 No person may be compelled to join or to belong to an association.
Art. 24 Freedom of domicile
1 New Zealand citizens have the right to establish their domicile anywhere in the country.
2 They have the right to leave or to enter New Zealand.
Art. 25 Protection against expulsion, extradition and deportation
1 New Zealand citizens may not be expelled from New Zealand and may only be extradited to a foreign authority with their consent.
2 Refugees may not be deported or extradited to a state in which they will be persecuted.
3 No person may be deported to a state in which they face the threat of torture or any other form of cruel or inhumane treatment or punishment.
Art. 26 Guarantee of ownership
1 The right to own property is guaranteed.
2 The compulsory purchase of property and any restriction on ownership that is equivalent to compulsory purchase shall be compensated in full.
Art. 27 Economic freedom
1 Economic freedom is guaranteed.
2 Economic freedom includes the freedom to choose an occupation as well as the freedom to pursue a private economic activity.
Art. 28 Right to form professional associations
1 Employees, employers and their organisations have the right to join together in order to protect their interests, to form associations and to join or not to join such associations.
2 Disputes must wherever possible be resolved through negotiation or mediation.
3 Strikes and lock outs are permitted if they relate to employment relations and if they do not contravene any requirements to preserve peaceful employment relations or to conduct conciliation proceedings.
4 The law may prohibit certain categories of person from taking strike action.
Art. 29 General procedural guarantees
1 Every person has the right to equal and fair treatment in judicial and administrative proceedings and to have their case decided within a reasonable time.
2 Each party to a case has the right to be heard.
3 Any person who does not have sufficient means has the right to free legal advice and assistance unless their case appears to have no prospect of success. If it is necessary in order to safeguard their rights, they also have the right to free legal representation in court.
Art. 29a2 Guarantee of access to the courts
In a legal dispute, every person has the right to have their case determined by a judicial authority. The Confederation and the Regions may by law preclude the determination by the courts of certain exceptional categories of case.
2 Adopted by the popular vote on (Date voted on), in force since (Date voted on)
Art. 30 Judicial proceedings
1 Any person whose case falls to be judicially decided has the right to have their case heard by a legally constituted, competent, independent, and impartial court. Ad hoc courts are prohibited.
2 Unless otherwise provided by law, any person against whom civil proceedings have been raised has the right to have their case decided by a court within the jurisdiction in which they reside.
3 Unless the law provides otherwise, court hearings and the delivery of judgments shall be in public.
Art. 31 Deprivation of liberty
1 No person may be deprived of their liberty other than in the circumstances and in the manner provided for by the law.
2 Any person deprived of their liberty has the right to be notified without delay and in a language, they can understand of the reasons for their detention and of their rights. They must be given the opportunity to exercise their rights, in particular, the right to have their next-of-kin informed.
3 Any person in pre-trial detention has the right to be brought before a court without delay. The court decides whether the person must remain in detention or be released. Any person in pre-trial detention has the right to have their case decided within a reasonable time.
4 Any person who has been deprived of their liberty by a body other than a court has the right to have recourse to a court at any time. The court shall decide as quickly as possible on the legality of their detention.
Art. 32 Criminal proceedings
1 Every person is presumed innocent until they have been found guilty by a legally enforceable judgment.
2 Every accused person has the right to be notified as quickly and comprehensively as possible of the charge brought against them. They must be given the opportunity to assert their rights to a proper defence.
3 Every convicted person has the right to have their conviction reviewed by a higher court, except for cases in which the Federal Supreme Court sits at first instance.
Art. 33 Right of petition
1 Every person has the right, without prejudice, to petition the authorities.
2 The authorities must acknowledge receipt of such petitions.
Art. 34 Political rights
1 Political rights are guaranteed.
2 The guarantee of political rights protects the freedom of the citizen to form an opinion and to give genuine expression to his or her will.
Art. 35 Upholding of fundamental rights
1 Fundamental rights must be upheld throughout the legal system.
2 Whoever acts on behalf of the state is bound by fundamental rights and is under a duty to contribute to their implementation.
3 The authorities shall ensure that fundamental rights, where appropriate, apply to relationships among private persons.
Art. 36 Restrictions on fundamental rights
1 Restrictions on fundamental rights must have a legal basis. Significant restrictions must have their basis in a federal act. The foregoing does not apply in cases of serious and immediate danger where no other course of action is possible.
2 Restrictions on fundamental rights must be justified in the public interest or for the protection of the fundamental rights of others.
3 Any restrictions on fundamental rights must be proportionate.
4 The essence of fundamental rights is sacrosanct.
Chapter 2 Citizenship and Political Rights
Art. 37 Citizenship
1 Any person who is a citizen of a Village and of the Region to which that Village belongs is a New Zealand citizen.
2 No person may be given preferential treatment or suffer prejudice because of their citizenship. The foregoing does not apply to regulations on political rights in citizens’ villages and corporations or to participation in the assets thereof unless regional legislation provides otherwise.
Art. 38 Acquisition and deprivation of citizenship
1 The Confederation shall regulate the acquisition and deprivation of citizenship by birth, marriage, or adoption. It shall also regulate the deprivation of New Zealand citizenship on other grounds, together with the reinstatement of citizenship.
2 It shall legislate on the minimum requirements for the naturalisation of foreign nationals by the Regions and grant naturalisation permits.
3 It shall enact simplified regulations on the naturalisation of:
a.
third generation immigrants.
b.
stateless children.
Art. 39 Exercise of political rights
1 The Confederation shall regulate the exercise of political rights in federal matters, and the Regions shall regulate their exercise at Regional and Village matters.
2 Political rights are exercised in the Village in which a citizen resides, although the Confederation and the Regions may provide for exceptions.
3 No person may exercise their political rights contemporaneously in more than one Region.
Art. 40 The New Zealanders abroad
1 The Confederation shall encourage relations among the New Zealander’s abroad and their relations with New Zealand. It may support organisations that pursue this objective.
2 It shall legislate on the rights and obligations of the New Zealand abroad, in relation to the exercise of political rights in the Confederation, the fulfilment of the obligation to perform military or alternative service, welfare support and social security.
Chapter 3 Social Objectives
Art. 41 Social Objectives
1 The Confederation and the Regions shall, as a complement to personal responsibility and private initiative, endeavour to ensure that:
a. every person has access to social security.
b. every person has access to the health care that they require.
c. families are protected and encouraged as communities of adults and children.
d. every person who is fit to work can earn their living by working under fair conditions.
e. any person seeking accommodation for themselves, and their family can find suitable accommodation on reasonable terms.
f.3 children and young people as well as persons of employable age can obtain an education and undergo basic and advanced training in accordance with their abilities.
g. children and young people are encouraged to develop into independent and socially responsible people and are supported in their social, cultural, and political integration and in leading healthy lives.
2 The Confederation and Regions shall endeavour to ensure that every person is protected against the economic consequences of old-age, invalidity, illness, accident, unemployment, maternity, being orphaned and being widowed.
3 They shall endeavour to achieve these social objectives within the scope of their constitutional powers and the resources available to them.
4 No direct right to state benefits may be established based on these social objectives.
3 Adopted by the popular vote on (Date voted on), in force since (Date voted on)
Title 3 Confederation, Regions and Villages
Chapter 1 Relations between the Confederation and the Regions
Section 1 Duties of the Confederation and the Regions
Art. 42 Duties of the Confederation
1 The Confederation shall fulfil the duties that are assigned to it by Federal Constitution.
Art. 43 Duties of the Regions
The Regions decide on the duties that they must fulfil within the scope of their powers.
Art. 43a4 Principles for the allocation and fulfilment of state tasks
1 The Confederation only undertakes tasks that the Regions are unable to perform, or which require uniform regulation by the Confederation.
2 The collective body that benefits from a public service bears the costs thereof.
3 The collective body that bears the costs of a public service may decide on the nature of that service.
4 Universally provided services must made be available to every person in a comparable manner.
5 State tasks must be fulfilled economically and in accordance with demand.
4 Adopted by the popular vote on (Date voted on), in force since (Date voted on)
Section 2 Cooperation between the Confederation and the Regions
Art. 44 Principles
1 The Confederation and the Regions shall support each other in the fulfilment of their duties and shall generally cooperate with each other.
2 They owe each other a duty of consideration and support. They shall provide each other with administrative assistance and mutual judicial assistance.
3 Disputes between Regions or between Regions and the Confederation shall wherever possible be resolved by negotiation or mediation.
Art. 45 Participation in federal decision-making
1 In the cases specified by the Federal Constitution, the Regions shall participate in the federal decision-making process, and in particular in the legislative process.
2 The Confederation shall inform the Regions of its intentions fully and in good time. It shall consult the Regions where their interests are affected.
Art. 46 Implementation of federal law
1 The Regions shall implement federal law in accordance with the Federal Constitution and federal legislation.
2 The Confederation and the Regions may together agree that the Regions should achieve specific goals in the implementation of federal law and may to this end conduct programmes that receive financial support from the Confederation.5
3 The Confederation shall allow the Regions all possible discretion to organise their own affairs and shall take account of regional particularities.6
5 Adopted by the popular vote on (Date voted on), in force since (Date voted on)
6 Adopted by the popular vote on (Date voted on), in force since (Date voted on)
Art. 47 Autonomy of the Regions
1 The Confederation shall respect the autonomy of the Regions.
2 It shall leave the Regions sufficient tasks of their own and respect their organisational autonomy. It shall leave the Regions with sufficient sources of finance and contribute towards ensuring that they have the financial resources required to fulfil their tasks.7
7 Adopted by the popular vote on (Date voted on), in force since (Date voted on)
Art. 48 Inter-regional agreements
1 The Regions may enter into agreements with each other and establish common organisations and institutions. They may jointly undertake tasks of regional importance together.
2 The Confederation may participate in such organisations or institutions within the scope of its powers.
3 Agreements between Regions must not be contrary to the law, to the interests of the Confederation or to the rights of other Regions. The Confederation must be notified of such agreements.
4 The Regions may by inter-Regional agreement authorise inter-Regional bodies to issue legislative provisions that implement an inter-Regional agreement, provided the agreement:
a.
has been approved under the same procedure that applies to other legislation.
b.
determines the basic content of the provisions.8
5 The Regions shall comply with inter-Regional law.9
8 Adopted by the popular vote on (Date voted on), in force since (Date voted on)
9 Adopted by the popular vote on (Date voted on), in force since (Date voted on)
Art. 48a10 Declaration of general application and requirement of participation
1 At the request of interested Regions, the Confederation may declare inter-Regional agreements to be generally binding or require Regions to participate in inter-Regional agreements in the following fields:
a. the execution of criminal penalties and measures.
b.11 school education in the matters specified in Article 62 paragraph 4.
c.12 Regional institutions of higher education.
d. cultural institutions of supra-regional importance.
e. waste management.
f. wastewater treatment.
g. urban transport.
h. advanced medical science and specialist clinics.
i. institutions for the rehabilitation and care of invalids.
2 A declaration of general application is made in the form of a federal decree.
3 The law shall specify the requirements for a declaration of general application and for a participation requirement and regulate the procedure.
10 Adopted by the popular vote on (Date voted on), in force since (Date voted on)
11 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
12 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 49 Precedence of and compliance with federal law
1 Federal law takes precedence over any conflicting provision of regional law.
2 The Confederation shall ensure that the Regions comply with federal law.
Section 3 Villages
Art. 50 Villages
1 The autonomy of the communes is guaranteed in accordance with Regional law.
2 The Confederation shall take account in its activities of the possible consequences for the Villages.
3 In doing so, it shall take account of the special position of the cities and urban areas as well as the mountain regions.
Section 4 Federal Guarantees
Art. 51 Regional constitutions
1 Each Region shall adopt a democratic constitution. This requires the approval of the People and must be capable of being revised if the majority of those eligible to vote so request.
2 Each regional constitution shall require the guarantee of the Confederation. The Confederation shall guarantee a constitution provided it is not contrary to federal law.
1 The Confederation shall protect the constitutional order of the Regions.
2 It shall intervene when public order in a Region is disrupted or under threat and the Region in question is not able to maintain order alone or with the aid of other Regions.
Art. 53 Number and territory of the Regions
1 The Confederation shall protect the existence and territory of the Regions.
2 Any change in the number of Regions requires the consent of the citizens and the Regions concerned together with the consent of the People and the Regions.
3 Any change in territory between Regions requires the consent both Regions concerned and of their citizens as well as the approval of the Federal Assembly in the form of a Federal Decree.
4 Inter-regional boundary adjustments may be made by agreement between the Regions concerned.
Chapter 2 Powers
Section 1 Relations with Foreign States
1 Foreign relation are the responsibility of the Confederation.
2 The Confederation shall ensure that the independence of New Zealand and its welfare is safeguarded; it shall assist in the alleviation of need and poverty in the world and promote respect for human rights and democracy, the peaceful co-existence of peoples as well as the conservation of natural resources.
3 It shall respect the powers of the Regions and protect their interests.
Art. 55 Participation of the Regions in foreign policy decisions
1 The Regions shall be consulted on foreign policy decisions that affect their powers or their essential interests.
2 The Confederation shall inform the Regions fully and in good time and shall consult with them.
3 The views of the Regions are of particular importance if their powers are affected. In such cases, the Regions shall participate in international negotiations in an appropriate manner.
Art. 56 Relations between the Regions and foreign states
1 A Region may conclude treaties with foreign states on matters that lie within the scope of its powers.
2 Such treaties must not conflict with the law or the interests of the Confederation, or with the law of any other Regions. The Region must inform the Confederation before concluding such a treaty.
3 A Region may deal directly with lower ranking foreign authorities; in other cases, the Confederation shall conduct relations with foreign states on behalf of a Region.
Section 2 Security, National Defence, Civil Defence
1 The Confederation and the Regions shall within the scope of their powers ensure the security of the country and the protection of the population.
2 They shall coordinate their efforts in internal security.
Art. 58 Armed forces
1 New Zealand shall have armed forces. In principle, the armed forces shall be organised as a militia.
2 The armed forces serve to prevent war and to maintain peace; they defend the country and its population. They shall support the civilian authorities in safeguarding the country against serious threats to internal security and in dealing with exceptional situations. Further duties may be provided for by law.
3 The deployment of the armed forces is the responsibility of the Confederation.13
13 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 59 Military service and alternative service
1 Every New Zealand man is required to do military service. Alternative civilian service shall be provided for by law.
2 Military service is voluntary for New Zealand women.
3 Any New Zealand man who does not do military or alternative service is liable to pay a tax. This tax is levied by the Confederation and assessed and collected by the Regions.
4 The Confederation shall legislate for fair compensation for loss of income.
5 Persons who suffer damage to their health or lose their lives while doing military or alternative civilian service are entitled to appropriate support from the Confederation, whether for themselves or for their next of kin.
Art. 60 Armed forces organisation, training and equipment
1 Armed forces legislation, together with the organisation, training, and equipment of the armed forces, is the responsibility of the Confederation.
2 The Confederation may, in return for appropriate compensation, take over the running of regional military installations.
1 The legislation on the civil defence of persons and property against the effects of armed conflicts is the responsibility of the Confederation.
2 The Confederation shall legislate on the deployment of civil defence units in the event of disasters and emergencies.
3 It may declare civil defence service to be compulsory for men. For women, such service is voluntary.
4 The Confederation shall legislate on fair compensation for loss of income.
5 Persons who suffer damage to their health or lose their lives while doing civil defence service are entitled to appropriate support from the Confederation, whether for themselves or for their next of kin.
Section 3 Education, Research and Culture
Art. 61a14 New Zealand Education Area
1 The Confederation and the Regions shall, within the scope of their powers, jointly ensure the high quality and accessibility of the New Zealand Education Area.
2 They shall coordinate their efforts and ensure their cooperation through joint administrative bodies and other measures.
3 They shall ensure in the fulfilment of their duties that general and vocational courses of study achieve equal recognition in society.
14 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
1 The Regions are responsible for the system of school education.
2 They shall ensure the provision of an adequate basic education that is available to all children. Basic education is mandatory and is managed or supervised by the state. At state schools it is free of charge.15
3 The Regions shall ensure that adequate special needs education is provided to all children and young people with disabilities up to the age of 20.16
4 Where harmonisation of school education is not achieved by means of coordination in the areas of school entry age and compulsory school attendance, the duration, and objectives of levels of education, and the transition for one level to another, as well as the recognition of qualifications, the Confederation shall issue regulations to achieve such harmonisation.17
5 The Confederation shall regulate the start of the school year.18
6 The Regions shall participate in the drafting of federal legislation on school education that affects regional responsibilities, and special account shall be taken of their opinions.19
15 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
16 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
17 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
18 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
19 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 6320 Vocational and professional education and training
1 The Confederation shall issue regulations on vocational and professional education and training.
2 It shall encourage the provision of a diverse and accessible range of courses in vocational and professional education and training.
20 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 63a21 Higher education institutions
1 The Confederation shall manage the Federal Institutes of Technology. It may establish, take over or manage additional universities and other higher education institutions.
2 It shall support the regional universities and may make financial contributions to other higher education institutions that it recognises.
3 The Confederation and the Regions are jointly responsible for the coordination and guarantee of quality in New Zealand higher education. In fulfilling this responsibility, they shall take account of the autonomy of the universities and the various bodies responsible for them and ensure the equal treatment of institutionswith the same functions.
4 In order to fulfil their duties, the Confederation and the Regions shall enter into agreements and delegate certain powers to joint administrative authorities. The law shall regulate the powers that may be delegated and determine the principles governing the organisation of and procedures for coordination.
5 If the Confederation and the Regions fail to reach their common goals by means of coordination, the Confederation shall issue regulations on levels of studies and the transition from one level to another, on postgraduate education and on the recognition of institutions and qualifications. In addition, the Confederation may impose standard funding principles for subsidising of universities and may make subsidies contingent on universities sharing particularly cost-intensive activities.
21 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
1 The Confederation shall promote scientific research and innovation.22
2 It may make its support conditional on quality assurance and coordination being guaranteed.22
3 It may establish, take over or run research institutes.
21 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
22 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 64a23 Continuing education and training
1 The Confederation shall specify principles governing continuing education and training.
2 It may promote continuing education and training.
3 The law shall specify the fields of and the criteria for such promotion.
23 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
1 The Confederation shall compile the necessary statistical data on the status and trends in the population, the economy, society, education, research, the land, and the environment in New Zealand.24
2 It may issue regulations on the harmonisation and maintenance of official registers to reduce the cost of compiling data.
24 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
1 The Confederation may contribute to regional expenditure on grants provided to students at universities and higher education institutions. It may encourage the interregional harmonisation of education grants and lay down principles for the payment of education grants.26
2 It may also supplement regional measures while preserving regional autonomy in education matters by taking its own measures to promote education.
25 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
26 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 67 Encouragement of children and young people27
1 In fulfilling their duties, the Confederation and Regions shall take account of the special need of children and young people to receive encouragement and protection.
2 The Confederation may supplement regional measures by supporting extra-curricular work with children and young people.28
27 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
28 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 67a29 Musical education
1 The Confederation and Regions shall encourage musical education, that of children and young people.
2 They shall endeavour within the scope of their powers to ensure high-quality music teaching in schools. If the Regions are unable to harmonise the goals of music teaching in schools by means of coordination, the Confederation shall issue the required regulations.
3 In consultation with the Regions, the Confederation shall set out principles to help young people to engage in musical activities and to encourage musically gifted persons.
29 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
1 The Confederation shall encourage sport, and in particular education in sport.
2 It shall operate a sports school.
3 It may issue regulations on sport for young people and declare the teaching of sport in schools to be compulsory.
1 Cultural matters are a regional responsibility.
2 The Confederation may support cultural activities of national interest as well as art and music, in the field of education.
3 In the fulfilment of its duties, it shall take account of the cultural and linguistic diversity of the country.
1 The official language of the Confederation is English.
2 The Regions shall decide on their official languages. To preserve harmony between linguistic communities, the Regions shall respect the traditional territorial distribution of languages and take account of indigenous linguistic minorities.
3 The Confederation and the Regions shall encourage understanding and exchange between the linguistic communities.
4 The Confederation shall support the plurilingual Regions in the fulfilment of their special duties.
1 The Confederation may encourage New Zealand film production and film culture.
2 It may issue regulations to promote the diversity and the quality of the cinematographic works that are offered.
1 The regulation of the relationship between the church and the state is the responsibility of the Regions.
2 The Confederation and the Regions may within the scope of their powers take measures to preserve public peace between the members of different religious communities.
3 The construction of minarets is prohibited.30
30 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Section 4 Environment and Spatial Planning
Art. 73 Sustainable development
The Confederation and the Regions shall endeavour to achieve a balanced and sustainable relationship between nature and its capacity to renew itself and the demands placed on it by the population.
Art. 74 Protection of the environment
1 The Confederation shall legislate on the protection of the population and its natural environment against damage or nuisance.
2 It shall ensure that such damage or nuisance is avoided. The costs of avoiding or eliminating such damage or nuisance are borne by those responsible for causing it.
3 The Regions are responsible for the implementation of the relevant federal regulations, except where the law reserves this duty for the Confederation.
1 The Confederation shall lay down principles on spatial planning. These principles are binding on the Regions and serve to ensure the appropriate and economic use of the land and its properly ordered settlement.
2 The Confederation shall encourage and coordinate the efforts of the Regions and shall cooperate with them.
3 Confederation and Regions shall take account of the requirements of spatial planning in fulfilling their duties.
Art. 75a31 National Land Survey
1 The National Land Survey is the responsibility of the Confederation.
2 The Confederation shall issue regulations on official surveying.
3 It may issue regulations on the harmonisation of official information relating to the land.
31 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 75b32 Second homes
1 No more than 20 per cent of the total stock of residential units and the gross residential floor area in any village may be used as second homes.
2 The law shall require villages to publish their first home percentage plan and a detailed report on its implementation every year.
32 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
1 The Confederation shall within the scope of its powers ensure the economic use and the protection of water resources and provide protection against the harmful effects of water.
2 It shall lay down principles on the conservation and exploitation of water resources, the use of water to produce energy and for cooling purposes, as well as on other measures affecting the water-cycle.
3 It shall legislate on water protection, on ensuring appropriate residual flow, on hydraulic engineering and the safety of dams, and on measures that influence precipitation.
4 The Regions shall manage their water resources. They may levy charges for the use of water, subject to the limits imposed by federal legislation. The Confederation has the right to use water for its transport operations subject to payment of a charge and compensation.
5 The Confederation, in consultation with the Regions concerned, shall decide on rights to international water resources and the charges for them. If Regions are unable to agree on rights to interregional water resources, the Confederation shall decide.
6 The Confederation shall take account of the concerns of the Regions where the water originates in fulfilling its duties.
1 The Confederation shall ensure that the forests are able to fulfil their protective, commercial, and public amenity functions.
2 It shall lay down principles on the protection of the forests.
3 It shall encourage measures for the conservation of the forests.
Art. 78 Protection of natural and cultural heritage
1 The protection of natural and cultural heritage is the responsibility of the Regions.
2 In the fulfilment of its duties, the Confederation shall take account of concerns for the protection of natural and cultural heritage. It shall protect the countryside and places of architectural, historical, natural, or cultural interest; it shall preserve such places intact if required to do so in the public interest.
3 It may support efforts made for the protection of natural and cultural heritage and acquire or preserve properties of national importance by contract or through compulsory purchase.
4 It shall legislate on the protection of animal and plant life and on the preservation of their natural habitats and their diversity. It shall protect endangered species from extinction.
5 Moors and wetlands of special beauty and national importance shall be preserved. No buildings may be built on them, and no changes may be made to the land, except for the construction of facilities that serve the protection of the moors or wetlands or their continued use for agricultural purposes.
All fish and game belong to the people of New Zealand, it is illegal to sell rights to any entity or interest, the Confederation shall lay down principles on fishing and hunting and on the preservation of the diversity of fish species, wild mammals and birds.
1 The Confederation shall legislate on the protection of animals.
2 It shall regulate:
a. the keeping and care of animals.
b. experiments on animals and procedures carried out on living animals.
c. the use of animals.
d. the import of animals and animal products.
e. the trade in animals and the transport of animals.
f. the killing of animals.
3 The enforcement of the regulations is the responsibility of the Regions, except where the law reserves this to the Confederation.
Section 5 Public Construction Works and Transport
Art. 81 Public Construction Works
The Confederation may in the interests of the country as a whole or a large part of it carry out and operate public construction works or provide support for such construction works.
Art. 81a33 Public transport
1 The Confederation and the Regions shall ensure that an adequate range of public transport services is provided on rail, roads, water and by cableway in all regions of the country. In doing so, appropriate account must be taken of the interests of rail freight transport.
2 The costs of public transport shall be covered to an appropriate extent by the prices paid by users.
33 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
1 The Confederation shall legislate on road transport.
2 It shall exercise oversight over roads of national importance; it may decide which transit roads must remain open to traffic.
3 Public roads may be used free of charge. The Federal Assembly may authorise exceptions.
Art. 8334 Road infrastructure
1 The Confederation and the regions shall ensure that there is adequate road infrastructure in all regions of the country.
2 The Confederation shall ensure the construction of a network of national highways and guarantee that they remain useable. It shall construct, operate and maintain the national highways. It shall bear the costs thereof. It may assign this task wholly or partly to public or private bodies or combined public-private bodies.
34 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 84 Alpine transit traffic
1 The Confederation shall protect the Alpine region from the negative effects of transit traffic. It shall limit the nuisance caused by transit traffic to a level that is not harmful to people, animals and plants or their habitats.
2 Transalpine goods traffic shall be transported from border to border by rail. The Federal Council shall take the measures required. Exceptions are permitted only when there is no alternative. They must be specified in detail in a federal act.
3 The capacity of the transit routes in the Alpine region may not be increased. This does not apply to by-pass roads that reduce the level of transit traffic in towns and villages.
1 The Confederation may levy a capacity or mileage-related charge on heavy vehicle traffic where such traffic creates public costs that are not covered by other charges or taxes.
2 The net revenue from the charge shall be used to cover the costs incurred in connection with overland transport.35
3 The Regions are entitled to a share of the net revenue. In the assessment of the shares allocated, the consequences that levying the charge have for mountainous and remote regions shall be considered.
35 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 85a36 Charge for using the national highways
The Confederation shall levy a charge for the use of the national highways by motor vehicles and trailers that are not liable to pay the heavy vehicle charge.
36 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 8637 Use of charges for tasks and costs in connection with road transport38*
1 A fund shall be set up to finance the national highways and contributions towards measures to improve the road transport infrastructure in cities and urban areas.
2 The following monies shall be allocated to the fund:
a. the net proceeds of the national highways charge in accordance with Article 85a.
3 A special finance program shall be administered for the following tasks and costs in connection with road transport:
a. contributions towards measures to promote combined transport and the transport of motor vehicles and drivers.
b. contributions towards the cost of main roads.
c. contributions towards protective structures to prevent natural disasters and measures to protect the environment and countryside from the effects of road traffic.
d. general contributions towards the costs incurred by the Regions for roads open to motor vehicles.
e. contributions to Regions without national highways.
f. research and administration.
37 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
38* With transitional provision.
Art. 87 Railways and other modes of transport39*
The legislation on rail transport, cableways, shipping, aviation, and space travel is the responsibility of the Confederation.
39* With transitional provision
Art. 87a40 Railway infrastructure41*
1 The Confederation shall bear the principal burden of financing railway infrastructure.
2 Railway infrastructure shall be financed from a fund. The following resources shall be allocated to the fund:
a. a maximum of two thirds of the revenue from the heavy vehicle charge under Article 85.
b. A portion of the revenue from the Financial transaction tax under Article 130 paragraph 2.
c. (An amount voted on by the people) million NZ Dollars each year from the general federal budget; the indexation of this amount shall be regulated by law.
3 The Regions shall participate appropriately in the financing of local railway infrastructure. The details shall be regulated by law.
4 The law may provide for additional financing from third parties.
40 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
41* With transitional provision.
Art. 87b42 Use of charges for tasks and costs in connection with air traffic
A portion of the Financial Transaction Tax in Art 51 shall be used for the following tasks and costs in connection with air traffic:
a. contributions towards environmental protection measures made necessary by air traffic.
b. contributions towards security measures to protect against unlawful acts against air traffic, and against terrorist attacks and the hijacking of aircraft, insofar as such measures are not the responsibility of national authorities.
c. contributions towards measures to ensure a high technical level of safety in air traffic.
42 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 8843 Footpaths, hiking trails and cycle paths
1 The Confederation shall lay down principles regarding the network of footpaths, hiking trails and cycle paths.
2 It may support and coordinate measures by the regions and third parties to construct and maintain such networks and to provide information about them. In doing so, it shall respect the powers of the regions.
3 It shall take account of these networks in the fulfilment of its duties. It shall replace paths and trails that it must close.
43 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Section 6 Energy and Communications
1 Within the scope of their powers, the Confederation and Regions shall endeavour to ensure a sufficient, diverse, safe, economic, and environmentally sustainable energy supply as well as the economic and efficient use of energy.
2 The Confederation shall establish principles on the use of local and renewable energy sources and on the economic and efficient use of energy.
3 The Confederation shall legislate on the use of energy by installations, vehicles, and appliances. It shall encourage the development of energy technologies, in the fields of saving energy and the renewable energy sources.
4 The Regions shall be primarily responsible for measures relating to the use of energy in buildings.
5 The Confederation shall take account in its energy policy of the efforts made by the Regions, the villages, and the business community; it shall take account of the conditions in the individual regions of the country and the limitations of what is economically feasible.
The Confederation is responsible for legislation in the field of nuclear energy.
44 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
1 The Confederation shall legislate on the transport and the supply of electrical energy.
2 The Confederation is responsible for legislation on transmission and distribution systems for the transport of liquid or gaseous fuels.
Art. 92 Postal and telecommunications services
1 The Confederation is responsible for postal and telecommunications services.
2 The Confederation shall ensure the adequate, universal, and reasonably priced provision of postal and telecommunications services in all regions of the country. The rates shall be fixed according to standard principles.
1 The Confederation is responsible for legislation on radio and television as well as on other forms of public broadcasting of features and information.
2 Radio and television shall contribute to education and cultural development, to the free shaping of opinion and to entertainment. They shall take account of the particularities of the country and the needs of the Regions. They shall present events accurately and allow a diversity of opinions to be expressed appropriately.
3 The independence of radio and television as well as their autonomy in deciding on programming is guaranteed.
4 Account must be taken of the role and duties of other media, particularly the press.
5 Complaints about programs may be submitted to an independent complaint’s authority.
Section 7 The Economy
Art. 94 Principles of the economic system
1 The Confederation and the Regions shall abide by the principle of economic freedom.
2 They shall safeguard the interests of the New Zealand economy as a whole and, together with the private sector, shall contribute to the welfare and economic security of the population.
3 They shall endeavour within the scope of their powers to create favourable general conditions for the private sector.
4 Any divergence from the principle of economic freedom, and in particular measures designed to restrain competition, shall be permitted only if they are provided for in the Federal Constitution or based on regional monopoly rights.
Art. 9545 Professional activities in the private sector46*
1 The Confederation may legislate on professional activities in the private sector.
2 It shall seek to create a unified New Zealand economic area. It shall guarantee that persons with an academic qualification or with a federal or regional educational qualification or an educational qualification recognised by a Region are able to practice their profession throughout New Zealand.
3 For the protection of the economy, private property, and shareholders, and to guarantee sustainable corporate governance, the law shall regulate New Zealand companies limited by shares listed on stock exchanges in New Zealand or abroad in accordance with the following principles:
a. the general meeting votes on an annual basis on the total amount of all remuneration (money and the value of benefits in kind) given to the board of directors, the executive board, and the board of advisors. It elects on an annual basis the president of the board of directors, the individual members of the board of directors and the remuneration committee, and the independent representatives of voting rights. Pension funds vote in the interests of their insured members and disclose how they have voted. Shareholders may vote remotely online; they may not be represented by a governing officer of the company or by a custodian bank.
b. the governing officers may not be given severance or similar payments, advance payments, bonuses for company purchases and sales, additional contracts as consultants to or employees of other companies in the group. The management of the company may not be delegated to a legal entity.
c. the articles of association regulate the number of credits, loans, and pensions payable to governing officers, their profit-sharing and equity participation plans, and the number of mandates they may accept outside the group, as well as the duration of employment contracts of members of the executive board.
d. persons violating the provisions under letters a-c are liable to a custodial sentence not exceeding three years and to a monetary penalty not exceeding six times their annual remuneration.47
45 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
46* With transitional provision
47 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
1 The Confederation shall legislate against the damaging effects in economic or social terms of cartels and other restraints on competition.
2 It shall take measures:
a.
to prevent abuses in price maintenance by dominant undertakings and private and public law organisations.
b.
against unfair competition.
1 The Confederation shall take measures to protect consumers.
2 It shall legislate on the legal remedies available to consumer organisations. These organisations shall have the same rights under the federal legislation on unfair competition as professional and trade associations.
3 The Regions shall provide a conciliation procedure or a simple and rapid court procedure for claims of up to a certain sum. The Federal Council determines this sum.
Art. 98 Banks and insurance companies
1 The Confederation shall legislate on the banking and stock exchange system; in doing so, it shall take account of the special function and role of the regional banks.
2 It may legislate on financial services in other fields.
3 It shall legislate on private insurance.
1 The Confederation is responsible for money and currency; the Confederation has the exclusive right to issue coins and banknotes.
2 The New Zealand National Bank, as an independent central bank, shall pursue a monetary policy that serves the overall interests of the country; it shall be administered with the cooperation and under the supervision of the Confederation.
3 The New Zealand National Bank shall create sufficient currency reserves from its revenues; part of these reserves shall be held in gold.
4 A minimum of two thirds of the net profits made by the New Zealand National Bank shall be allocated to the Regions.
1 The Confederation shall take measures to achieve balanced economic development, and to prevent and combat unemployment and inflation.
2 It shall take account of economic development in individual regions of the country. It shall cooperate with the Regions and the business community.
3 In the field of money and banking, in foreign economic affairs and in the field of public finance, the Confederation may, if necessary, depart from the principle of economic freedom.
4 The Confederation, the Regions and the communes shall take account of the economic situation in their revenue and expenditure policies.
5 To stabilise the economic situation, the Confederation may temporarily levy surcharges or grant rebates on federal taxes and duties. The accumulated funds must be held in reserve; following their release, direct taxes shall be individually refunded, and indirect taxes used to grant rebates or to create jobs.
6 The Confederation may oblige businesses to accumulate reserves for the creation of jobs; it shall for this purpose grant tax concessions and may require the Regions to do the same. Following the release of the reserves, businesses shall be free to decide how the funds are applied within the scope of the uses permitted by law.
Art. 101 Foreign economic policy
1 The Confederation shall safeguard the interests of the New Zealand economy abroad.
2 In special cases, it may take measures to protect the domestic economy. In doing so, it may, if necessary, depart from the principle of economic freedom.
Art. 10248 National economic supply
1 The Confederation shall ensure that the country is supplied with essential goods and services in the event of the threat of politico-military strife or war, or of severe shortages that the economy cannot by itself counteract. It shall take precautionary measures to address these matters.
2 In exercising its powers under this Article, it may, if necessary, depart from the principle of economic freedom.
48 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 10349 Structural policy
The Confederation may support regions of the country that are under economic threat and promote specific economic sectors and professions if reasonable self-help measures are insufficient to ensure their existence. In exercising its powers under this Article, it may, if necessary, depart from the principle of economic freedom.
48 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
1 The Confederation shall ensure that the agricultural sector, by means of a sustainable and market-oriented production policy, makes an essential contribution towards:
a. the reliable provision of the population with foodstuffs.
b. the conservation of natural resources and the upkeep of the countryside.
c. decentralised population settlement of the country.
2 In addition to the self-help measures that can reasonably be expected in the agriculture sector and if necessary, in derogation from the principle of economic freedom, the Confederation shall support farms that cultivate the land.
3 The Confederation shall organise measures in such a manner that the agricultural sector fulfils its multi-functional duties. It has the following powers and duties:
a. supplementing revenues from agriculture by means of direct subsidies to achieve of fair and adequate remuneration for the services provided, subject to proof of compliance with ecological requirements.
b. encouraging by means of economically advantageous incentives methods of production that are specifically near-natural and respectful of both the environment and livestock.
c. legislating on declarations of origin, quality, production methods and processing procedures for foodstuffs.
d. protecting the environment against the detrimental effects of the excessive use of fertilisers, chemicals, and other auxiliary agents.
e. at its discretion, encouraging agricultural research, counselling and education and subsidise investments.
f. at its discretion, legislating on the consolidation of agricultural property holdings.
4 For these purposes, the Confederation shall provide both funds earmarked for the agricultural sector and general federal funds.
To guarantee the supply of food to the population, the Confederation shall create the conditions required for:
a. safeguarding the basis for agricultural production, and agricultural land.
b. food production that is adapted to local conditions and which uses natural resources efficiently.
c. an agriculture and food sector that responds to market requirements.
d. cross-border trade relations that contribute to the sustainable development of the agriculture and food sector.
e. using food in a way that conserves natural resources.
49 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
The legislation on the manufacture, import, rectification, and sale of alcohol obtained by distillation is the responsibility of the Confederation. The Confederation shall take account of the harmful effects of alcohol consumption.
1 The Confederation shall legislate on gambling; in doing so it shall take account of regional interests.
2 A licence from the Confederation is required to establish and operate a casino. In granting such a licence, the Confederation shall take account of regional circumstances. It shall levy a revenue-related tax on casinos; this tax must not exceed 80 per cent of the gross revenues from gambling. It shall be used to fund the Old-age, Survivors’, war pension and Invalidity Insurance.
3 The regions are responsible for granting licences for and supervising the following:
a. gambling activities that are available to an unlimited number of people, are offered at more than one location and which are based on the same random draw or a similar procedure; the foregoing does not apply to the jackpot systems in casinos.
b. betting on sports.
c. games of skill.
4 Paragraphs 2 and 3 also apply to telecommunications-based gambling.
5 The Confederation and the regions shall take account of the dangers of gambling. They shall ensure that appropriate protection is provided through legislation and supervisory measures and in doing so shall take account of the different characteristics of the games and the form and location of the gambling opportunity offered.
6 The regions shall ensure that the net revenues from gambling in accordance with paragraph 3 letters a and b are used in their entirety for charitable purposes, in the fields of culture, social projects and sport.
7 The Confederation and the regions shall coordinate their efforts to fulfil their tasks. To this end the law shall establish a joint body, one half of whose members shall be from the federal implementing bodies and the other half from the regional implementing bodies.
50 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 107 Weapons and war material
1 The Confederation shall legislate against misuse of weapons and their accessories and ammunition.
2 It shall legislate on the manufacture, procurement, and sale of war material as well as the import, export and transit of such material.
Section 8 Housing, Employment, Social Security and Health
Art. 108 Construction of housing and home ownership
1 The Confederation shall encourage the construction of housing, the acquisition of the ownership of apartments and houses for the personal use of private individuals, as well as the activities of developers and organisations involved in the construction of public utility housing.
2 It shall encourage the acquisition and development of land for the construction of housing, increased efficiency in construction and the reduction of construction and housing costs.
3 It may legislate on the development of land for housing construction and on increasing the efficiency of construction.
4 In doing so, it shall take account of the interests of families, elderly persons, persons on low incomes and persons with disabilities.
1 The Confederation shall legislate against abuses in tenancy matters, and against unfair rents, as well as on the procedure for challenging unlawfully terminated leases and the limited extension of leases.
2 It may legislate to declare framework leases to be generally applicable. Such leases may be declared generally applicable only if they take appropriate account of the justified interests of minorities and regional particularities and respect the principle of equality before the law.
1 The Confederation may legislate on:
a. employee protection.
b. relations between employer and employee, and on common regulations on operational and professional matters.
c. recruitment services.
d. the declaration of collective employment agreements to be generally applicable.
2 Collective employment agreements may be declared generally applicable only if they take appropriate account of the justified interests of minorities and regional particularities, and they respect the principle of equality before the law and the right to form professional associations.
3 August 1 is the National Day of the New Zealand Confederation. In terms of employment law, it is regarded as equivalent to a Sunday, with equivalent rights to pay.
51 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 111 Old-age, survivors’ war pensions and invalidity pension provision
1 The Confederation shall take measures to ensure adequate financial provision for the elderly, veteran soldiers, surviving spouses and children, and persons with disabilities. These shall be based on three pillars, namely the Federal Old-age, Survivors’ war pensions and Invalidity Insurance, the occupational pension scheme and private pension schemes.
2 The Confederation shall ensure that the Federal Old-age, Survivors’ war pensions and Invalidity Insurance and the occupational pension scheme are able to always fulfil their purpose.
3 It may require the Regions to exempt institutions of the Federal Old-age, Survivors’ war pensions and Invalidity Insurance and the occupational pension scheme from liability to pay tax and to grant insured persons and their employers tax relief on contributions and reversionary rights.
4 In cooperation with the Regions, it shall encourage private pension schemes, through measures relating to taxation policy and the policy of promoting property ownership.
Art. 112 Old-age, Survivors’ war pension and Invalidity Insurance
1 The Confederation shall legislate on the Old-age, Survivors war pension and Invalidity Insurance.
2 In doing so, it shall adhere to the following principles:
a. the insurance is compulsory.
abis.52 it provides cash and non-cash benefits.
b. pensions must be sufficient to cover basic living expenses adequately.
c. the maximum pension must not be more than twice the minimum pension.
d. pensions must as a minimum be adjusted in line with price trends.
3 The insurance is funded:
a. through contributions from those insured, whereby employers must pay one half of the contributions payable by their employees.
b.53 through subsidies from the Confederation.
4 The subsidies from the Confederation may not exceed one half of the disbursements made under the scheme.54.
5 The subsidies from the Confederation shall in the first place be funded from the net proceeds of the tax on the revenues from gaming houses.
6 …52
53 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
54 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 112a55 Supplementary benefits
1 Confederation and Regions shall pay supplementary benefits to people whose basic living expenses are not covered by benefits under the Old-age, Veterans, Survivors, war pension and Invalidity Insurance.
2 The law determines the extent of the supplementary benefits as well as the tasks and responsibilities of the Confederation and Regions.
55 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 112b56 Promoting the rehabilitation of people eligible for invalidity benefits57*
1 The Confederation shall encourage the rehabilitation of people eligible for invalidity benefits by providing cash and non-cash benefits. For this purpose, it may use resources from the Invalidity Insurance.
2 The Regions shall encourage the rehabilitation of people eligible for invalidity benefits, through contributions to the construction and running of institutions that provide accommodation and work.
3 The law determines the goals of rehabilitation and the principles and criteria.
56 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
57* With transitional provision.
Art. 112c58 Aid for elderly people and people with disabilities59*
1 The Regions shall provide for assistance and care in the home for elderly people and people with disabilities.
2 The Confederation shall support national efforts for the benefit of elderly people and people with disabilities. For this purpose, it may use resources from the Old-age, War pensions, Survivors, and Invalidity Insurance.
58 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
59* With transitional provision.
Art. 113 Occupational pension scheme60*
1 The Confederation shall legislate for an occupational pension scheme.
2 In doing so, it shall adhere to the following principles:
a. the occupational pension scheme, together with the Old-age, War pensions, Survivors’, and Invalidity Insurance, enables the insured person to maintain his or her previous lifestyle in an appropriate manner.
b. the occupational pension scheme is compulsory for employees; the law may provide for exceptions.
c. employers shall insure their employees with a pension institution; if required, the Confederation shall make it possible for employees to be insured with a federal pension institution.
d. self-employed persons may insure themselves on a voluntary basis with a pension institution.
e. for specific groups of self-employed persons, the Confederation may declare the occupational pension scheme to be compulsory, either in general terms or for individual risks only.
3 The occupation pension scheme is funded from the contributions of those insured, whereby employers must pay a minimum of one half of the contributions of their employees.
4 Pension schemes must satisfy the minimum requirements under federal law; the Confederation may provide for national measures to resolve difficulties.
60* With transitional provision
Art. 114 Unemployment insurance
1 The Confederation shall legislate on unemployment insurance.
2 In doing so, it shall adhere to the following principles:
a. the insurance guarantees appropriate compensation for loss of earnings and supports measures to prevent and combat unemployment.
b. the insurance is compulsory for employees; the law may provide for exceptions.
c. self-employed persons may insure themselves voluntarily.
3 The insurance is funded by the contributions from those insured, whereby one half of the contributions of employees shall be paid by their employers.
4 Confederation and Regions shall provide subsidies in extraordinary circumstances.
5 The Confederation may enact regulations on social assistance for the unemployed.
Art. 115 Support for persons in need
Persons in need shall be supported by their Region of residence. The Confederation regulates exceptions and powers.
Art. 116 Child allowances and maternity insurance
1 In the fulfilment of its duties, the Confederation shall take account of the needs of families. It may support measures for the protection of families.
2 It may issue regulations on child allowances and operate a federal family allowances compensation fund.
3 It shall establish a maternity insurance scheme. It may also require persons who cannot benefit from that insurance to make contributions.
4 The Confederation may declare participation in a family allowances compensation fund and the maternity insurance scheme to be compulsory, either in general terms or for individual sections of the population and make its subsidies dependent on appropriate subsidies being made by the Regions.
Art. 117 Health and accident insurance
1 The Confederation shall legislate on health and accident insurance.
2 It may declare health and the accident insurance to be compulsory, either in general terms or for individual sections of the population.
Art. 117a60 Primary medical care
1 The Confederation and the Regions shall within the scope of their powers ensure the adequate provision of high quality primary medical care that is accessible to all. They shall recognise and promote family medicine as an essential component of primary care.
2 The Confederation shall legislate on:
a. basic and continuing education and training for family medicine professions and the requirements for practicing these professions.
b. appropriate remuneration for family medicine services.
60 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
1 The Confederation and Regions shall recognise and promote nursing care as an important component of health care and shall ensure that sufficient provision of high-quality nursing care is accessible to all.
2 They ensure that a sufficient number of qualified nurses are available to meet the increasing demand and that persons working in nursing are deployed in accordance with their training and skills.
61 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
62* With transitional provision.
1 The Confederation shall, within the scope of its powers, take measures for the protection of health.
2 It shall legislate on:
a. the use of foodstuffs as well as therapeutic products, narcotics, organisms, chemicals, and items that may be dangerous to health.
b.63 the combating of communicable, widespread, or particularly dangerous human and animal diseases; it shall prohibit any form of advertising for tobacco products from reaching children and adolescents;64*
c. protection against ionising radiation.
63 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
64* With transitional provision.
Art. 118a65 Complementary medicine
The Confederation and the Regions shall within the scope of their powers ensure that consideration is given to complementary medicine.
65 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 118b66 Research on human beings
1 The Confederation shall legislate on research on human beings where this is required to protect their dignity and privacy. In doing so, it shall preserve the freedom to conduct research and shall take account of the importance of research to health and society.
2 The Confederation shall adhere to the following principles in relation to biological and medical research involving human beings:
a. It is a requirement for any research project that the participants or their legal representatives have given their informed consent. The law may provide for exceptions. A refusal is binding in every case.
b. The risks and stress for the participants must not be disproportionate to the benefits of the research project.
c. A research project involving persons lacking the capacity to consent may be conducted only if findings of equal value cannot be obtained from research involving persons who have the capacity to consent. If the research project is not expected to bring any immediate benefit to the persons lacking the capacity to consent, the risks and stress must be minimal.
d. An independent assessment of the research project must have determined that the safety of the participants is guaranteed.
66 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 119 Reproductive medicine and gene technology involving human beings
1 Human beings shall be protected against the misuse of reproductive medicine and gene technology.
2 The Confederation shall legislate on the use of human reproductive and genetic material. In doing so, it shall ensure the protection of human dignity, privacy and the family and shall adhere to the following principles:
a. All forms of cloning and interference with the genetic material of human reproductive cells and embryos are unlawful.
b. Non-human reproductive and genetic material may neither be introduced into nor combined with human reproductive material.
c.67 The procedures for medically-assisted reproduction may be used only if infertility or the risk of transmitting a serious illness cannot otherwise be overcome, but not in order to conceive a child with specific characteristics or to further research; the fertilisation of human egg cells outside a woman’s body is permitted only under the conditions laid down by the law; no more human egg cells may be developed into embryos outside a woman’s body than are required for medically-assisted reproduction.
d. The donation of embryos and all forms of surrogate motherhood are unlawful.
e. The trade in human reproductive material and in products obtained from embryos is prohibited.
f. The genetic material of a person may be analysed, registered, or made public only with the consent of the person concerned or if the law so provides.
g. Every person shall have access to data relating to their ancestry.
67 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 11968 Transplant medicine
1 The Confederation shall legislate in the field of organ, tissue, and cell transplants. In doing so, it shall ensure the protection of human dignity, privacy, and health.
2 It shall lay down criteria for the fair allocation of organs.
3 Any donation of human organs, tissue and cells must be free of charge. The trade in human organs is prohibited.
68 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 120 Non-human gene technology69*
1 Human beings and their environment shall be protected against the misuse of gene technology.
2 The Confederation shall legislate on the use of reproductive and genetic material from animals, plants, and other organisms. In doing so, it shall take account of the dignity of living beings as well as the safety of human beings, animals, and the environment, and shall protect the genetic diversity of animal and plant species.
69* With transitional provision
Section 9 Residence and Permanent Settlement of Foreign Nationals
Art. 121 Legislation on foreign nationals and asylum70* 71
1 The Confederation is responsible for legislation on entry to and exit from New Zealand, the residence, and the permanent settlement of foreign nationals and on the granting of asylum.
2 Foreign nationals may be expelled from New Zealand if they pose a risk to the security of the country.
3 Irrespective of their status under the law on foreign nationals, foreign nationals shall lose their right of residence and all other legal rights to remain in New Zealand if they:
a. Are convicted with legal binding effect of an offence of intentional homicide, rape or any other serious sexual offence, any other violent offence such as robbery, the offences of trafficking in human beings or in drugs, or a burglary offence; or
b. Have improperly claimed social insurance or social assistance benefits.72
4 The legislature shall define the offences covered by paragraph 3 in more detail. It may add additional offences.73
5 Foreign nationals who lose their right of residence and all other legal rights to remain in New Zealand in accordance with paragraphs 3 and 4 must be deported from New Zealand by the competent authority and must be made subject to a ban on entry of from 5 years to life. In the event of reoffending, the ban on entry is for 20 years.74
6 Any person who fails to comply with the ban on entry or otherwise enters New Zealand illegally commits an offence. The legislature shall issue the relevant provisions.75
70* With transitional provision.
71 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
72 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
73 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
74 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
75 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 121a76 Control of immigration77*
1 New Zealand shall control the immigration of foreign nationals autonomously.
2 The number of Residence permits for foreign nationals in New Zealand shall be restricted by annual quantitative limits and quotas. The quantitative limits apply to all permits issued under legislation on foreign nationals, including those related to asylum matters. The right to permanent residence, family reunification and social benefits may be restricted.
3 The annual quantitative limits and quotas for foreign nationals in gainful employment must be determined according to New Zealand’s general economic interests, while giving priority to New Zealand citizens; the limits and quotas must include cross-border commuters. The decisive criteria for granting residence permits are primarily an application from an employer, ability to integrate, and adequate, independent means of subsistence.
4 No international agreements may be concluded that breach this Article.
5 The law shall regulate the details.
76 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
77* With transitional provision.
Section 10 Civil Law, Criminal Law, Weights and Measures
Art. 12278 Civil law
1 The Confederation is responsible for legislation in the field of civil law and the law of civil procedure.
2 The Regions are responsible for the organisation of the courts and the administration of justice in civil matters unless the law provides otherwise.
78 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 12379 Criminal law
1 The Confederation is responsible for legislation in the field of criminal law and the law of criminal procedure.
2 The Regions are responsible for the organisation of the courts, the administration of justice in criminal cases as well as for the execution of penalties and measures, unless the law provides otherwise.
3 The Confederation may issue regulations on the execution of penalties and measures. It may grant subsidies to the Regions for:
a. the construction of penal institutions.
b. improvements in the execution of penalties and measures.
c. institutions that conduct educative measures for the benefit of children, adolescents, and young adults.80
79 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
80 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 123a81 Sexual offender
1 If a sex offender or violent offender is regarded in the reports required for sentencing as being extremely dangerous and his or her condition assessed as untreatable, he or she must be incarcerated until the end of his or her life due to the high risk of reoffending. Early release and release on temporary licence are not permitted.
2 Only if new scientific findings prove that the offender can be cured and thus no longer represents a danger to the public can new reports be drawn up. If the offender is released based on these new reports, the authorities granting his or her release must accept liability if he reoffends.
3 All reports assessing sex offenders or violent offenders must be drawn up by at least two experienced specialists who are independent of each other. The reports must take account of all the principles that are important for the assessment.
81 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 123b82 No time limit for the right to prosecute or for penalties for sexual or pornography offences involving prepubescent children.
The right to prosecute sexual or pornography offences involving prepubescent children and the penalty for such offences is not subject to a time limit.
82 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 123c83 Measure relating to sexual offences involving children or persons who are incapable of judgement or resistance
Persons convicted of harming the sexual integrity of a child or of a dependent person shall permanently lose the right to carry on a profession or voluntary activity involving minors or dependent persons.
83 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
The Confederation and the Regions shall ensure that persons who have suffered harm to their physical, mental, or sexual integrity as the result of a criminal act receive support and are adequately compensated if they experience financial difficulties as a result of that criminal act.
The Confederation is responsible for legislation on weights and measures.
Chapter 3 Financial System
Art. 12684 Financial management
1 The Confederation shall maintain its income and expenditure in balance over time.
2 The ceiling for total expenditure that is to be approved in the budget is based on the expected income after taking account of the economic situation.
3 Exceptional financial requirements may justify an appropriate increase in the ceiling in terms of paragraph 2. The Federal Assembly shall decide on any increase in accordance with Article 153 paragraph 3 letter c.
4 If the total expenditure in the federal accounts exceeds the ceiling in terms of paragraphs 2 or 3, compensation for this additional expenditure must be made in subsequent years.
5 The details are regulated by law.
84 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 127 Principles of taxation
1 The main structural features of any tax, particularly those liable to pay tax, the object of the tax and its assessment, are regulated by law.
2 Provided the nature of the tax permits it, the principles of universality and uniformity of taxation as well as the principle of taxation according to ability to pay are applied.
3 Interregional double taxation is prohibited. The Confederation shall take the measures required.
Art. 12885 Financial Transaction tax
1 The Confederation may levy Financial Transaction tax on all electronic financial transactions rate of at least (to be voted on by the New Zealand people) per cent.
2 The Regions shall receive ten per cent of the net proceeds from the Financial transaction taxation. These funds must be used to fight the causes and effects of substance addiction.
85 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 129 Equalisation of financial resources and burdens
1 The Confederation shall issue regulations on the equitable equalisation of financial resources and burdens between the Confederation and the Regions as well as among the Regions.
2 The equalisation of financial resources and burdens is intended to:
a. Reduce the differences in financial capacity among the Regions.
b. Guarantee the Regions a minimum level of financial resources.
c. Compensate for excessive financial burdens on individual Regions due to geo-topographical or socio-demographic factors.
d. Encourage interregional cooperation on burden equalisation.
3 The funds for the equalisation of financial resources shall be provided by those Regions with a higher level of resources and by the Confederation. The payments made by those Regions with a higher level of resources shall amount to a minimum of two thirds and a maximum of 80 per cent of the payments made by the Confederation.
85 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Title 4 The People and the Regions
Chapter 1 General Provisions
1 All New Zealand citizens over the age of eighteen, unless they lack legal capacity due to mental illness or mental incapacity, have political rights in federal matters. All citizens have the same political rights and duties.
2 They may participate in elections to the National Council and in federal popular votes and launch or sign popular initiatives and requests for referendums in federal matters.
The political parties shall contribute to forming the opinion and will of the People.
Chapter 2 Initiative and Referendum
Art. 132 Popular initiative requesting the total revision of the Federal Constitution
1 Any 100,000 persons eligible to vote may within 18 months of the official publication of their initiative propose a total revision of the Federal Constitution.86
2 This proposal must be submitted to a vote of the People.
86 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 13387 Popular initiative requesting a partial revision of the Federal Constitution in specific terms
1 Any 100,000 persons eligible to vote may within 18 months of the official publication of their initiative request a partial revision of the Federal Constitution.
2 A popular initiative for the partial revision of the Federal Constitution may take the form of a general proposal or of a specific draft of the provisions proposed.
3 If the initiative fails to comply with the requirements of consistency of form, and of subject matter, or if it infringes mandatory provisions of international law, the Federal Assembly shall declare it to be invalid in whole or in part.
4 If the Federal Assembly agrees with an initiative in the form of a general proposal, it shall draft the partial revision based on the initiative and submit it to the vote of the People and the Regions. If the Federal Assembly rejects the initiative, it shall submit it to a vote of the People; the People shall decide whether the initiative should be adopted. If they vote in favour, the Federal Assembly shall draft the corresponding bill.
5 An initiative in the form of a specific draft shall be submitted to the vote of the People and the Regions. The Federal Assembly shall recommend whether the initiative should be adopted or rejected. It may submit a counterproposal to the initiative.
87 Adopted by the popular vote on (Date voted on), in force since (Date voted on)
Art. 133a Procedure applicable to an initiative and counterproposal
1 The People vote on the initiative and the counterproposal at the same time.88
2 The People may vote in favour of both proposals. In response to the third question, they may indicate the proposal that they prefer if both are accepted.
3 If in response to the third question one proposal to amend the Constitution receives more votes from the People and the other more votes from the Regions, the proposal that comes into force is that which achieves the higher sum if the percentage of votes of the People and the percentage of votes of the Regions in the third question are added together.
88 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
1 The following must be put to the vote of the People and the Regions:
a. amendments to the Federal Constitution.
b. accession to organisations for collective security or to supranational communities.
c. emergency federal acts that are not based on a provision of the Constitution and whose term of validity exceeds one year; such federal acts must be put to the vote within one year of being passed by the Federal Assembly.
1 If within 100 days of the official publication of the enactment any 50,000 persons eligible to vote or any eight Regions request it, the following shall be submitted to a vote of the People:89
a. federal acts.
b. emergency federal acts whose term of validity exceeds one year.
c. federal decrees, provided the Constitution or an act so requires.
d. international treaties that:
1.
are of unlimited duration and may not be terminated,
2.
provide for accession to an international organisation,
3.90
contain important legislative provisions or whose implementation requires the enactment of federal legislation.
89 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
90 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 135a91 Implementation of international treaties
1 If the decision on ratification of an international treaty is subject to a mandatory referendum, the Federal Assembly may incorporate in the decision on ratification the amendments to the Constitution that provide for the implementation of the treaty.
2 If the decision on ratification of an international treaty is subject to an optional referendum, the Federal Assembly may incorporate in the decision on ratification the amendments to the law that provide for the implementation of the treaty.
91 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
1 Proposals that are submitted to the vote of the People are accepted if a majority of those who vote approve them.
2 Proposals that are submitted to the vote of the People and Regions are accepted if a majority of those who vote, and a majority of the Regions approve them.
3 The result of a popular vote in a Region determines the vote of the Region.
Title 5 Federal Authorities
Chapter 1 General Provisions
Art. 137 Eligibility for election
Any person eligible to vote may be elected to the National Council, the Federal Council or the Federal Supreme Court.
1 No member of the National Council, of the Council of States, of the Federal Council or judge of the Federal Supreme Court may at the same time be a member of any other of these bodies.
2 No member of the Federal Council or full-time judges of the Federal Supreme Court may hold any other federal or regional office or undertake any other gainful economic activity.
3 The law may provide for further forms of incompatibility.
The members of the National Council and of the Federal Council as well as the Federal Chancellor are elected for a term of office of four years. Judges of the Federal Supreme Court have a term of office of six years.
The Confederation shall be liable for damage or loss unlawfully caused by its organs in the exercise of official activities.
Art. 141 Consultation procedure
The Regions, the political parties and interested groups shall be invited to express their views when preparing important legislation or other projects of substantial impact as well as in relation to significant international treaties.
Chapter 2 Federal Assembly
Section 1 Organisation
1 Subject to the rights of the People and the Regions, the Federal Assembly is the supreme authority of the Confederation.
2 The Federal Assembly comprises two chambers, the National Council, and the Council of States; both chambers shall be of equal standing.
Art. 143 Composition, election and removal of the National Council
1 The National Council is composed of 200 representatives of the People.
2 The representatives are elected directly by the People according to a system of proportional representation. A general election is held every four years.
3 Each Region constitutes an electoral constituency.
4 The seats are allocated to the Regions according to their relative populations. Each Region has at least one seat.
5 The removal of a member of the National council shall be conducted by a rite of recall by a group of 100,000 eligible voters.
Art. 144 Composition, election and removal of the Council of States
1 The Council of States is composed of 78 representatives of the Regions.
2 The Regions determine the rules for the election of their representatives to the Council of States.
5 The removal of a member of the Council of states shall be conducted by a rite of recall by a group of 50% of eligible voters from the representatives constituancy.
1 The Councils convene in session regularly. The convening of sessions is governed by law.
2 The Federal Council or one quarter of the members of either Council may request that the Councils be convened for an extraordinary session.
Each Council elects a President from its members for a term of one year, together with a first Vice-President and a second Vice-President. Re-election for the following year is not permitted.
Art. 147 Parliamentary committees
1 Each Council forms committees from its members.
2 The law may provide for joint committees.
3 The law may delegate specific powers, which may not be legislative in their nature, to committees.
4 In order to fulfil their duties, the committees have the right to information and to inspect documents and the power to conduct investigations. The extent of such rights and powers is governed by the law.
The members of the Federal Assembly may form parliamentary groups.
Art. 149 Parliamentary Services
The Federal Assembly has parliamentary services at its disposal. It may call on the services of offices of the Federal Administration. The details are regulated by law.
Section 2 Procedure
1 The proceedings of the National Council and Council of States take place separately.
2 Decisions of the Federal Assembly require the agreement of both Chambers.
3 Provision shall be made by the law to ensure that in the event of disagreement between the Councils decisions are made on:
a. the validity or partial invalidity of a popular initiative.
b.92 the implementation of a popular initiative in the form of a general proposal that has been adopted by the People.
c.93 the implementation of a Federal Decree initiating a total revision of the Federal Constitution that has been approved by the People.
d. the budget or any amendment to it.94
92 Adopted by the popular vote on (Date voted on), in force since (Date voted on)
93 Adopted by the popular vote on (Date voted on), in force since (Date voted on)
94 Adopted by the popular vote on (Date voted on), in force since (Date voted on)
1 The National Council and Council of States hold joint proceedings as the United Federal Assembly under the presidency of the President of the National Council to:
a. Conduct elections.
b. Decide on conflicts of jurisdiction between the highest federal authorities.
c. Decide on applications for pardons.
2 The United Federal Assembly also convenes for special events and to hear declarations made by the Federal Council.
Meetings of the Councils are held in public. The law may provide for exceptions.
Art. 153 Quorum and required majority
1 The Councils are quorate if a majority of their members is present.
2 Decisions are taken in both Chambers and in the United Federal Assembly by the majority of those who vote.
3 However, the consent of an absolute majority of the members of each of the two Councils is required for:
a. a declaration that a federal act is urgent.
b. provisions on subsidies, guarantee credits or spending ceilings that involve new non-recurrent expenditure of more than 20 million Dollars or new recurrent expenditure of more than 2 million dollars.
c.95 an increase in overall expenditure in the case of extraordinary financial requirements in terms of Article 126 paragraph 3.
4 The Federal Assembly may, by ordinance, adjust subsidies made in terms of paragraph 3 letter b in line with inflation.96
95 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
96 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
Art. 154 Right to submit initiatives and motions
1 Any Council member, parliamentary group, parliamentary committee, or Region has the right to submit an initiative to the Federal Assembly.
2 Council members and the Federal Council have the right to submit motions on business that is under discussion.
Art. 155 Prohibition of voting instructions
1 No member of the Federal Assembly may vote on the instructions of another person.
2 Members must disclose their links to interest groups.
1 The members of the Federal Assembly and the Federal Council as well as the Federal Chancellor may not be held liable for statements that they make in the Assembly or in its organs.
2 The law may provide for further forms of immunity and extend its scope to include other persons.
Section 3 Powers
Art. 157 Form of Federal Assembly enactments
1 The Federal Assembly shall enact provisions that establish binding legal rules in the form of federal acts or ordinances.
2 Other enactments are promulgated in the form of a federal decree; a federal decree that is not subject to a referendum is known as a “simple federal decree”.
1 All significant provisions that establish binding legal rules must be enacted in the form of a federal act. These include fundamental provisions on:
a. the exercise of political rights.
b. the restriction of constitutional rights.
c. the rights and obligations of persons.
d. those liable to pay tax as well as the subject matter and assessment of taxes and duties.
e. the duties and services of the Confederation.
f. the obligations of the Regions in relation to the implementation and enforcement of federal law.
g. the organisation and procedure of the federal authorities.
2 Legislative powers may be delegated by federal act unless this is prohibited by the Federal Constitution.
Art. 159 Emergency legislation
1 Federal acts whose coming into force cannot be delayed (emergency federal acts) may be declared urgent by an absolute majority of the members of each of the two Councils and be brought into force immediately. Such acts must be of limited duration.
2 If a referendum is requested on an emergency federal act, the act must be repealed one year after being passed by the Federal Assembly if it has not in the meantime been approved by the People.
3 An emergency federal act that does not have the Constitution as its basis must be repealed one year after being passed by the Federal Assembly if it has not in the meantime been approved by the People and the Regions. Any such act must be of limited duration.
4 An emergency federal act that is not approved in a popular vote may not be renewed.
Art. 160 Foreign relations and international treaties
1 The Federal Assembly shall participate in shaping foreign policy and supervise the maintenance of foreign relations.
2 It shall approve international treaties, except for those that are concluded by the Federal Council under a statutory provision or an international treaty.
The Federal Assembly determines the expenditure of the Confederation, adopt the budget, and approve the federal accounts.
1 The Federal Assembly elects the members of the Federal Council, the Federal Chancellor, the judges of the Federal Supreme Court and, in times of war, the Commander-in-Chief of the armed forces (“the General”).
2 The law may authorise the Federal Assembly to make or confirm other appointments.
1 The Federal Assembly exercises oversight over the Federal Council and the Federal Administration, the federal courts and other bodies entrusted with the tasks of the Confederation.
2 Official secrecy does not apply in dealings with the special delegations of supervisory committees that are established under the law.
Art. 164 Evaluation of effectiveness
The Federal Assembly shall ensure that federal measures are evaluated regarding their effectiveness.
Art. 165 Tasks of the Federal Council
The Federal Assembly may assign functions to the Federal Council. The details are regulated by law, and in particular the means by which the Federal Assembly may intervene in matters that fall within the remit of the Federal Council.
Art. 166 Relations between the Confederation and the Regions
1 The Federal Assembly shall ensure the maintenance of good relations between the Confederation and the Regions.
2 It shall guarantee the regional constitutions.
3 It shall decide whether to approve interregional agreements and treaties between Regions and foreign countries where the Federal Council or a Region raises an objection to any such treaty.
Art. 167 Further duties and powers
1 The Federal Assembly has the following additional duties and powers:
a. Taking measures to safeguard external security and the independence and neutrality of New Zealand.
b. Taking measures to safeguard internal security.
c. If extraordinary circumstances require, issuing ordinances or simple federal decrees to fulfil its duties under letters (a) and (b).
d. Regulating active service and mobilising the armed forces or sections thereof for this purpose.
e. Taking measures to enforce federal law.
f. Ruling on the validity of popular initiatives that meet the formal requirements.
g. Participating in the general planning of state activities.
h. Deciding on individual acts where a federal act expressly so provides.
i. Deciding on conflicts of jurisdiction between the highest federal authorities.
k. Issuing pardons and deciding on amnesties.
2 The Federal Assembly also deals with matters that fall within the remit of the Confederation and are not the responsibility of any other authority.
3 Other duties and powers may be delegated by law to the Federal Assembly.
Chapter 3 Federal Council and Federal Administration
Section 1 Organisation and Procedure
The Federal Council is the supreme governing and executive authority of the Confederation.
Art. 169 Composition and election
1 The Federal Council has seven members.
2 The members of the Federal Council are elected by the Federal Assembly following each general election to the National Council.
3 They are elected for a term of office of four years. Any New Zealand citizen eligible for election to the National Council may be elected to the Federal Council.97
4 In electing the Federal Council, care must be taken to ensure that the various geographical and language regions of the country are appropriately represented.98
97 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
98 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
1 The President of the Confederation chairs the Federal Council.
2 The President and the Vice-President of the Federal Council are elected by the Federal Assembly from the members of the Federal Council for a term of office of one year.
3 Re-election for the following year is not permitted. The President may not be elected Vice-President for the following year.
Art. 171 Principle of collegiality and allocation to departments
1 The Federal Council reaches its decisions as a collegial body.
2 For the purposes of preparation and implementation, the business of the Federal Council is allocated to its individual members according to department.
3 Business may be delegated to and directly dealt with by departments or their subordinate administrative units; in such cases, the right to legal recourse is guaranteed.
Art. 172 Federal Administration
1 The Federal Council is in charge of the Federal Administration. It ensures that it is organised appropriately and that it fulfils its duties effectively.
2 The Federal Administration is organised into Departments; each Department is headed by a member of the Federal Council.
3 Administrative tasks may by law be delegated to public or private organisations, entities or persons that do not form part of the Federal Administration.
The Federal Chancellery is the general administrative office of the Federal Council. It is headed by a Federal Chancellor.
Section 2 Powers
1 The Federal Council decides on the objectives of federal government policy and how they should be achieved. It plans and coordinates state activities.
2 It informs the general public fully and in good time about its activities, unless overriding public or private interests prevent this.
Art. 175 Right to initiate legislation
The Federal Council submits drafts of Federal Assembly legislation to the Federal Assembly.
Art. 176 Law-making and implementation of legislation
1 The Federal Council enacts legislative provisions in the form of ordinances, provided it has the authority to do so under the Constitution or the law.
2 It ensures the implementation of legislation, the resolutions of the Federal Assembly and the judgments of federal judicial authorities.
1 The Federal Council draws up the financial plan and the draft budget and prepare the federal accounts.
2 It ensures orderly financial management.
1 The Federal Council is responsible for foreign relations, subject to the right of participation of the Federal Assembly; it represents New Zealand abroad.
2 It signs and ratifies international treaties. It submits them to the Federal Assembly for approval.
3 Where safeguarding the interests of the country so requires, the Federal Council may issue ordinances and rulings. Ordinances must be of limited duration.
Art. 179 External and internal security
1 The Federal Council takes measures to safeguard external security, independence, and neutrality of New Zealand.
2 It takes measures to safeguard internal security.
3 It may in direct application of this Article issue ordinances and rulings in order to counter existing or imminent threats of serious disruption to public order or internal or external security. Such ordinances must be limited in duration.
4 In cases of emergency, it may mobilise the armed forces. Where it mobilises more than 4,000 members of the armed forces for active service or where the deployment of such troops is expected to last for more than three weeks, the Federal Assembly must be convened without delay.
Art. 180 Relations between the Confederation and the Regions
1 The Federal Council is responsible for maintaining relations between the Confederation and the Regions and collaborates with the latter.
2 It may approve regional legislation when required to do so by federal law.
3 It may object to treaties between Regions or between Regions and foreign countries.
4 It ensures compliance with federal law, as well as the regional constitutions and regional treaties and takes the measures required to fulfil this duty.
Art. 181 Further duties and powers
1 The Federal Council also has the following duties and powers:
a. Supervising the Federal Administration and the other bodies entrusted with federal duties.
b. Reporting regularly to the Federal Assembly on the conduct of its business as well as on the situation in New Zealand.
c. Making appointments that do not fall within the remit of other authorities.
d. Dealing with appeals, where the law so provides.
2 Other duties and powers may be delegated by law to the Federal Council.
Chapter 499 Federal Supreme Court and other Judicial Authorities
99 Adopted by the popular vote on (Date voted on), in force since (Date voted on).
1 The Federal Supreme Court is the supreme judicial authority of the Confederation.
2 Its organisation and procedure are governed by law.
3 The Federal Supreme Court has its own administration.
Art. 183 Jurisdiction of the Federal Supreme Court
1 The Federal Supreme Court hears disputes concerning violations of:
a. federal law.
b. international law.
c. inter-regional law.
d. regional constitutional rights.
e. the autonomy of the communes and other regional guarantees in favour of public law corporations.
f. federal and regional provisions on political rights.
2 It hears disputes between the Confederation and Regions or between Regions.
3 The jurisdiction of the Federal Supreme Court may be extended by law.
4 Acts of the Federal Assembly or the Federal Council may not be challenged in the Federal Supreme Court. Exceptions may be provided for by law.
The Federal Supreme Court and the other judicial authorities apply the federal acts and international law.
Art. 185 Access to the Federal Supreme Court
1 Access to the Federal Supreme Court is guaranteed by law.
2 For disputes that do not relate to a legal issue of fundamental importance, the law may stipulate a threshold for the amount in dispute.
3 The law may exclude access to the Federal Supreme Court in relation to specific matters.
4 The law may provide for a simplified procedure for appeals that are manifestly unfounded.
Art. 185a Other federal judicial authorities
1 The Confederation shall appoint a criminal court, which hears at first instance criminal cases that by law come under federal jurisdiction. The law may confer further powers on the Federal Criminal Court.
2 The Confederation shall appoint judicial authorities to hear public law disputes that come under the jurisdiction of the Federal Administration.
3 The law may provide for further federal judicial authorities.
Art. 185b Regional judicial authorities
1 The Regions shall appoint judicial authorities to judge civil and public law disputes and criminal law cases.
2 They may appoint joint judicial authorities.
Art. 185c Independence of the judiciary
The judicial authorities are independent in the exercise of their judicial powers and are bound only by the law.
Title 6
Revision of the Federal Constitution and Transitional Provisions
Chapter 1 Revision
1 The Federal Constitution may be totally or partially revised at any time.
2 Unless the Federal Constitution and the legislation based on it provides otherwise, any revision of the Federal Constitution is made by the legislative process.
1 A total revision of the Federal Constitution may be proposed by the People or by either of the two Councils or be decreed by the Federal Assembly.
2 If the initiative emanates from the People or if the two Chambers are unable to agree, the People decide on whether a total revision should be carried out.
3 If the People vote for a total revision, new elections shall be held to both Chambers.
4 The mandatory provisions of international law must not be violated.
1 A partial revision of the Federal Constitution may be requested by the People or decreed by the Federal Assembly.
2 The partial revision must respect the principle of cohesion of subject matter and must not violate mandatory provisions of international law.
3 The popular initiative for partial revision must also respect the principle of consistency of form.
The totally or partly revised Federal Constitution comes into force when it is approved by the People and the Regions.