New Zealand Legislative Council

The New Zealand Constitution Act 1852 provided for councillors to be appointed for life terms by the governor. As the power of the Governor over New Zealand politics gradually decreased, it became the convention that appointments were made on the recommendation of the premier (later prime minister), essentially meaning that councillors were selected by the government of the day.

However, the life term of councillors meant that the Legislative Council always lagged behind the House of Representatives—Premiers were frequently hampered in their activities by a Legislative Council appointed by their predecessors. In 1891, life membership was replaced by a seven-year term by the new Liberal Party government of John Ballance. Part of the Liberal Party's motivation was probably ideological, but part was undoubtedly political, as Ballance's conservative predecessor, Harry Atkinson, had stacked the council with seven conservatives shortly before leaving office. Ballance had considerable difficulty in achieving his reform of the Council, with major clashes occurring between him and the Governor, The Earl of Onslow, who had approved the seven appointments. Ballance's victory is seen as establishing an important precedent in the relationship between Governor and Prime Minister. The seven appointments on 20 or 22 January to the Council were Atkinson himself (he was appointed Speaker) plus Charles Bowen, James Fulton, Charles John Johnston, John Davies Ormond, William Downie Stewart Sr and John Blair Whyte.[4]

The structure of the Legislative Council prior to 1891 was therefore similar to that of the Canadian Senate (which continues as an appointed upper house, although senators are no longer appointed to life terms, and must retire at the age of 75).[5]

The title "The Honourable" could be retained from 1894 by a councillor with not less than ten years service if recommended by the Governor. This privilege was extended to one member, William Montgomery, in 1906; and a further eleven members in 1951 after abolition of the Council.[6]

It was specified in the Constitution Act 1852 that the Council would consist of at least ten members. Although not actually a part of the Act, instructions were issued that the number of members should not exceed fifteen. One member was to be selected as Speaker of the Legislative Council, corresponding roughly to the position of Speaker of the House of Representatives. A quorum of five members was established.[7]

The first appointments to the Legislative Council were made in 1853, when twelve members were called to the upper house. They were John Salmon, William Swainson and Frederick Whitaker on 26 May 1853; Mathew Richmond on 23 June 1853; and on 31 December 1853 Edmund Bellairs, George Cutfield, William Kenny, John Yeeden Lloyd, Ralph Richardson, Henry Seymour, Henry St. Hill and John Charles Watts-Russell.[8] Gradually, the maximum number of members was raised, and the limit was eventually abolished. The Council reached a peak of 53 members in 1885[7] and 1950.

The Legislative Council was generally less representative of the New Zealand public than was the House of Representatives. Women were not eligible to serve as councillors until 1941, and only five were appointed. Two, Mary Anderson and Mary Dreaver, were appointed in 1946 by the First Labour Government. In 1950, when the First National Government appointed several new members to vote the council out of existence, three women were included; Cora Louisa Burrell, Ethel Marion Gould and Agnes Louisa Weston.[9] Māori were slightly better represented. The first two Māori councillors were appointed in 1872, not long after the creation of the Māori electorates in the House; Mokena Kohere and Wiremu Tako Ngatata. A convention was established that there should always be Māori representation on the Council.

In January 1891 the outgoing Atkinson Ministry appointed six new members to the Legislative Council, with the object of blocking any radical bills that the John Ballance (who became Premier on 24 January) and the new Liberal Government might introduce.[10] They were the last appointments for life as the new government introduced a seven year term. The new members were Charles John Johnston and John Davies Ormond on 20 January; and Harry Atkinson, James Fulton, William Downie Stewart, and John Blair Whyte on 22 January.[11] John Hall had written to Ormond: "It will be a serious disaster if the Council is not strengthened before the Reds get into the saddle."[12]

Petitions were tabled against the "stacking of the Council" by MPs and by Aucklanders.[13] But the "stacking" has been seen as assisting the Liberal Government, which: "might not have survived but for this assistance .... (which) provided a useful unifying influence in the critical early years (and) identified with dramatic clarity the reactionary class enemy .... and acted as a convenient brake on the radicals (who) were asked to settle for moderate measures".[14]

A number of proposals were made that the Legislative Council should be elected, not appointed. When responsible government had been granted at the beginning of the 2nd Parliament, the Governor, Thomas Gore Browne, was given sufficient authority to make the Legislative Council elected, but no action was taken. In 1914, a reform proposal to establish a 42 or 43 member council elected by proportional representation for six years was introduced by the Liberals, but postponed due to World War I. In 1920 it was no longer favoured by the Reform government then in power. But the 1914 Act "remained like a sword of Damocles suspended above the nominated upper house, available at will or whim to any succeeding government".[15]