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Constitutional Changes and Law of Succession

Ruby Manukia-Schaumkel, Legal Advisor —

On the death of Queen Elizabeth II, Prince Charles automatically became the King of New Zealand under the law of succession.

There is no change to our constitutional situation. In New Zealand law, the successor to the sovereign automatically becomes our new King or Queen. Parliament continues and current appointments made by the Governor-General remain in place (such as ministers and judges).

There will be changes to the title to King’s Counsel and the King’s Judges. 

  • Queen’s Counsel becomes King’s Counsel
  • Criminal cases become “The King v X”
  • Senior Court announcements change to refer to “the King’s Judge(s)”.

There is no change to the existing partnership between the Crown and Māori, the principles of the Treaty of Waitangi or subsequent Treaty settlements. A one-off public holiday on Monday 26 September to mark the Queen’s death coincides with the New Zealand Memorial Service held at 2pm that day. Invited guests will include iwi leaders, Members of Parliament, mayors, former Governors-general, members of the diplomatic community and representatives from various youth, ethnic and religious communities. The normal Public Holiday requirements under the Holidays Act will apply. Shop trading restrictions will not apply. Shops may open (and apply the normal rules for employees who work on a public holiday).

The Queen’s personal flag for New Zealand will no longer be used. It will be up to the King to decide whether to adopt a personal flag for New Zealand. The current coat of arms will continue unchanged. There will be no changes to state emblems, the New Zealand flag or the Seal of New Zealand.

There is no change to the words of God Defend New Zealand. In God Save the Queen, which is also a national anthem for New Zealand, the references change from ‘Queen’ to ‘King’ and ‘her’ to ‘him’.

The timing of the Queen’s Birthday weekend in June remains the same, but it will be known as the King’s Birthday weekend. 

Those who have previously made an oath or affirmation of allegiance, or the citizenship oath do not need to retake an oath. Office holders (such as Judges or Members of Parliament) continue to hold office and new citizens retain their citizenship.

Following the death of Queen Elizabeth II, there is no immediate impact on New Zealand's banknote or coin designs. The Reserve Bank of New Zealand has revealed all existing coins and $20 banknotes in circulation featuring Her Majesty will remain legal tender.

The world was a very different place 70 years ago. World War II had not long finished and technology was very basic. But one thing was exactly the same - the Queen was on the throne. And her lifetime of service touched many lives. For countless historic moments, events and occasions, Her Majesty was there. Whether it was witnessing her Platinum Jubilee celebrations, her visits to New Zealand or her annual appearances on Christmas day, she was a part of almost all New Zealanders’ lives.