I N C O N F I D E N C E
The Demise of the Crown and its Implications in New Zealand:
Information Pack for internal use
Contents
Out of scope
Out of scope
The Queen’s Personal Flag for New Zealand ................................................................................................ 7 The Seal of New Zealand .................................................................................................................................... 7
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Out of scope
• In due course, NZ will address issues around Honours, special stamp issues, any amendments
to currency design, replacing the Seal of New Zealand, considering enduring memorials to Her
Majesty, etc. We have prepared answers to questions we might get about these things in the
period after the death of the Queen.
• Out of scope
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I N C O N F I D E N C E
10
Cabinet Office
CO (22) 1
Circular
9 September 2022
Intended for
All Ministers
All Chief Executives
Chief Parliamentary Counsel
Speaker of the House of Representatives
Chief Executive, Parliamentary Service
Death of The Queen: Information
Introduction
1
This circular sets out advice on the death of Her Majesty The Queen, the New Zealand
response, and the effect of The Queen’s death on New Zealand’s constitutional situation,
including implications for Cabinet processes and other matters related to government
administration.
Death of The Queen
2
Today the Palace advised the government of the death of Queen Elizabeth II, Queen of
New Zealand. On the afternoon of Thursday 8 September, Her Majesty died peacefully at
Balmoral Castle.
Constitutional situation
3
On the demise of the Crown, the person who is first in line to the Throne immediately and
automatically becomes Sovereign in accordance with the laws of succession. This means
that Prince Charles became King of New Zealand immediately on the death of the Queen.
4
There is no change to New Zealand’s constitutional situation. The Constitution Act 1986
provides that on the death of the Sovereign, all the functions and powers of the Crown
transfer to the Sovereign’s successor. The demise of the Crown has no other effects in
New Zealand law, and every reference to the Sovereign in any document or instrument in
force is read to include a reference to the Sovereign's heirs and successors (unless the
context otherwise requires)1. Actions already taken by or in name of Her Majesty remain
valid. New actions to be taken by or in the name of the Sovereign will need to refer to the
new King.
Governor-General appointments
5
Current appointments made by the Governor-General in the name of Queen Elizabeth II
remain valid, regardless of the demise of the Crown.
1 Constitution Act 1986, section 5.
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The Executive Council and Cabinet
6
The demise of the Crown has no impact on the membership or procedures of the Executive
Council or of the Cabinet.
7
Ministers (including the Prime Minister) are appointed to the Executive Council and to their
portfolios by warrants in the name of Queen Elizabeth II. Those warrants remain valid after
her death. All appointments to the Executive Council and to portfolios continue unchanged
by the demise of the Crown.
Parliament
8
Parliament comprises the Sovereign in right of New Zealand and the House of
Representatives. The Constitution Act provides that “Every reference to the Sovereign in
any document or instrument in force or after the commencement of this Act shall, unless the
context otherwise requires, be deemed to include a reference to the Sovereign’s heirs and
successors.”2 The death of the Sovereign therefore does not dissolve Parliament. The new
Sovereign immediately and seamlessly takes the place of the previous Sovereign in the
New Zealand Parliament.
9
The House is due to meet on Tuesday, 13 September, and will receive a message from the
Governor-General on the death of the Queen. Party leaders will have the opportunity to
make statements in reply, after which the House will adjourn.
Oaths and affirmations of allegiance
10
The death of the Sovereign automatically transfers all obligations of allegiance to the
Sovereign’s successor, and no special action is required by members of Parliament to effect
this (they are not required to re-take their oath or affirmation).
11
Similarly, other individuals required to take the oath of affirmation or allegiance or the
citizenship oath (including Judges, Ministers, new citizens, Police constables and members
of the Armed Forces) are not required to retake the oath or affirmation of allegiance, or the
citizenship oath or affirmation, as a consequence of the demise of the Crown. Office holders
continue to hold office, and new citizens retain their citizenship.
12
All relevant oaths and affirmations taken after the death of The Queen should refer to “His
Majesty King Charles III, His heirs and successors”.
State emblems
13
The demise of the Crown has no impact on the New Zealand Coat of Arms, the
New Zealand Flag, or the Seal of New Zealand (the latter of which will be replaced in due
course and established by Proclamation). The Queen’s personal flag for New Zealand will
cease to be used. New Zealand currency, stamps and New Zealand Royal Honours will
remain unchanged for the time being.
New Zealand response
14
Flags are to be flown at half mast on all Government buildings from the announcement of
the death of The Queen until the day after the New Zealand State Memorial Service (date to
be advised in the next few days), except on the day of the Proclamation of the new
Sovereign on 11 September 2022 (see also paragraph 17 below) [
New Zealand Flag Notice
1986, cl 4.].
2 Constitution Act 1986, section 5.
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15
There will be a gun salute to mark Her Majesty’s death at dusk Friday 9 September, and a
further salute will accompany the proclamation of the new King.
16
A Proclamation of the accession of the new Sovereign will be made on the steps of
Parliament at 12.30pm on Sunday 11th September. The proclamation will confirm the King’s
full royal styles and titles, to be used on official documentation. The day of the Proclamation
of Accession will be marked by the raising of all flags to the top of the mast for the day.
Flags will return to half-mast the following day.
17
Condolence books for The Queen have been opened at Parliament, the National Library in
Wellington and Wellington Cathedral of St Paul and will be available for signing each day
during the period of mourning. Local authorities will issue advice on condolence books in
other centres.
18
Condolence messages may be sent to [email address] or made online at the Royal
Family’s website: www.royal.uk.
19
The funeral will be held in London at a date to be confirmed. New Zealand will be
represented at the funeral. Details of representation will follow.
20
A separate State Memorial will be held at Wellington St Paul’s Cathedral. The date and time
of this Memorial is still to be confirmed. This event will be live-streamed. Further details
about the service will be available on the Governor-General’s website as arrangements are
finalised.
Information updates
21
The Governor-General’s website (www.gg.govt.nz) will host information regarding
New Zealand’s constitutional situation, the New Zealand response to the death of the Queen,
answers to frequently asked questions, and other matters with respect to national mourning.
The website will be updated regularly, as new information becomes available.
Further queries
22
If you have further queries, please contact the Acting Secretary of the Cabinet or the Acting
Deputy Secretary of the Cabinet (Constitutional and Honours).
Rachel Hayward
Acting Secretary of the Cabinet
Enquiries:
Ph: Rachel Hayward, Acting Secretary of the Cabinet
021 708 501
Pavan Sharma, Acting Deputy Secretary of the Cabinet
021 240 2771
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From:
David Williams [DPMC]
To:
Rachel Hayward [DPMC]; Fleur Gaston [DPMC]; Anna Fleming [DPMC]
Subject:
Notes from PPOS on demise of the Crown and succession_ draft 26 January 2017.nrl
Date:
Tuesday, 31 January 2017 2:19:01 pm
Attachments:
Notes from PPOS on demise of the Crown and succession_ draft 26 January 2017.nrl
image001.png
[IN-CONFIDENCE]
Hi All
While helping Phillip move office today he provided me with this draft note on the demise of the
Crown and succession. It covers what needs to be done following the death of the Queen,
including:
· styles and titles
· Seal of NZ
· flags (Queen’s/King’s GG’s) and (flying of)
· Royal Crown
· observance of the Queen’s Birthday holiday
· NZ honours , including QSO, NZ service medals
· gun salutes
· bank notes
· Royal portraits
· changing QCs to KCs
· various NZDF stuff – colours, Colonels-in-Chief, honorary military appointments
And a section on the death of the DoE.
He intends to discuss these with Rachel in the near future.
enjoy
David
David Williams
Senior Advisor (Honours)
Cabinet Office
Department of the Prime Minister and Cabinet
[email address]
DDI: (s9(2)(a)
From:
Kathleen Lambert [DPMC]
To:
Griffen Ritchie [DPMC]
Subject:
Template for capital expenditure bid
Date:
Tuesday, 16 May 2023 12:51:00 pm
Attachments:
image001.png
4740578_Capital Initiative Request template.DOCX
[IN-CONFIDENCE]
Hi Griffen –
Out of scope
I think it would be sensible to include the new Seal of NZ and the King’s die and design (and
there’s also something re Queen’s die??), in one request, listed as individual items.
I don’t think there would be any ongoing operating costs? ie this is a once-only purchase.
Out of scope
Out of scope
Tks
K
Kathleen Lambert
Business Support Manager
Cabinet Office, Executive Wing,
Parliament Buildings, Wellington 6011, New Zealand
DDI: +s9(2)(a)
Mobile: s9(2)(a)
Email: [email address]
The Cabinet Office is a business unit of the Department of the Prime Minister and Cabinet.
The information contained in this email message is for the attention of the intended recipient only and is not necessarily the
official view or communication of the Department of the Prime Minister and Cabinet. If you are not the intended recipient you
must not disclose, copy or distr bute this message or the information in it. If you have received this message in error, please
destroy the email and notify the sender immediately.
From:
Preity Chand [DPMC]
To:
Nicola Purvis [DPMC]; Griffen Ritchie [DPMC]; Emily Faith [DPMC]; David Williams [DPMC]
Subject:
June honours meeting debrief
Date:
Thursday, 1 June 2023 12:18:00 pm
Attachments:
image001.png
[IN-CONFIDENCE]
Good afternoon all
Out of scope
Seal of New Zealand Out of scope
needs to be changed
Out of scope
Preity to create a schedule of steps for the updating of the Seal of New Zealand according
to the Seal of New Zealand Act.
Out of scope
From:
Preity Chand [DPMC]
To:
David Williams [DPMC]; Griffen Ritchie [DPMC]; Emily Faith [DPMC]; Nicola Purvis [DPMC]
Subject:
July Honours Meeting 6 July
Date:
Wednesday, 28 June 2023 8:59:00 am
Attachments:
June honours meeting debrief.msg
image001.png
[UNCLASSIFIED]
Kia ora koutou
Out of scope
update on
Seal of New Zealand
Out of scope
Hei konā mai,
Nāku, nā Preity/ Priteshna
Priteshna Chand
Advisor – Constitution and Honours
Cabinet Office, Executive Wing,
Parliament Buildings, Wellington 6011, New Zealand
DDI: s9(2)(a)
Email: [email address]
The Cabinet Office is a business unit of the Department of the Prime Minister and Cabinet.
The information contained in this email message is for the attention of the intended recipient only and is not necessarily the official
view or communication of the Department of the Prime Minister and Cabinet. If you are not the intended recipient you must not
disclose, copy or distribute this message or the information in it. If you have received this message in error, please destroy the
email and notify the sender immediately.
Out of scope
Out of scope
To consider how we can make the future legislation future proof (e.g. something more like
the Seal of NZ Act, which allows the Seal to be changed without the legislation needing to
change). Perhaps something to discuss with PCO.
2.
Does the Seal of New Zealand Act need to be updated?
It doesn’t look like this strictly
needs to be updated, but there are some minor changes that could
be made as part of the general legislative update:
Section 3(3) provides that when the Sovereign dies, the Seal being used at the time of their
death continues and will be used until provision for a new Seal is made by Proclamation. So
there is no issue with the ongoing use of the current Seal.
The Act is relatively future proof – includes references to the Seal being used by “Our
Successors”.
But, there are a few references to “Her Majesty’s Government” which could be updated as
part of the wider package of updates.
The Act applies to the Cook Islands, Niue and Tokelau so we should consult in relation to
any changes to the legislation and/or the Seal.
Some more practical questions to consider:
What is the process for arranging a Proclamation of a new Seal? Who organises that/is
there appetite for a new Seal? Relatedly, the running list of tasks indicates that it would be
helpful to produce an easier to maintain sealing mechanism.
Out of scope