Lexi Webster
The path to independence for Australia and New Zealand has been a complex and protracted process. In the case of Australia, British colonisation began in 1788 with the establishment of the penal colony of New South Wales. By the mid-19th century, most of the continent had been explored, and six self-governing British colonies were established, each gaining responsible government by 1890. These colonies federated in 1901, forming the Commonwealth of Australia, marking a significant step towards autonomy. However, it wasn't until the Australia Acts of 1986 that the remaining constitutional ties with the United Kingdom were severed, with Australia retaining the monarch as Queen.
New Zealand's journey to independence is equally nuanced. The Treaty of Waitangi, signed in 1840 between the British and Māori chiefs, asserted British sovereignty and led to the establishment of the Crown Colony of New Zealand in 1841. In 1853, the British Parliament passed the New Zealand Constitution Act, granting settlers the right to self-governance. New Zealand became a dominion in 1907 and gained full statutory independence in 1947, also retaining the monarch as head of state. The independence of New Zealand is still debated, as there is no fixed date of independence, and its constitutional status evolved over time.
| Characteristics | Values |
|---|---|
| Date of Australia's independence | Gradual process, no fixed date |
| Australia's process of gaining independence | Conventions, meetings, gradual, organised, bureaucratic |
| Date of New Zealand's independence | No fixed date, evolved over time |
| New Zealand's first official declaration of independence | 28 October 1835 |
| New Zealand's status in 1907 | Dominion status within the British Empire |
| New Zealand's status in 1926 | Balfour Declaration declared Britain's dominions as "equal in status" |
| New Zealand's status in 1931 | Statute of Westminster provided legal basis of independence |
| New Zealand's status in 1947 | Statute of Westminster adopted |
| New Zealand's status in 1949 | All New Zealanders became New Zealand citizens |
| New Zealand's status in 1970s | Some New Zealanders still perceived themselves as a branch of the UK |
| New Zealand's status in 1986 | Final legal constitutional links with the UK severed |
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What You'll Learn
Australia's functional independence during WWII
Australia and New Zealand have historically shared a close relationship, with both countries being Commonwealth realms and sharing the same monarch as their sovereign and independent head of state. They also have parliamentary democracies based on the Westminster system.
In 1931, the Statute of Westminster granted the Australian government independence in foreign affairs and defence. However, unlike Canada, South Africa, and the Irish Free State, where the Statute took immediate effect, Australia had to ratify it for it to be implemented.
During World War II, Australia demonstrated its functional independence by making decisions that prioritised its own interests, even when they diverged from those of Britain. In December 1941, Prime Minister Curtin asserted Australia's independence from Britain in a famous statement, declaring that Australia looked to America without any sentimentality about their traditional ties to Britain. This stance was reinforced in February 1942 when Curtin insisted that Australian troops recalled from the Middle East should return to Australia, rather than assist in the defence of Burma as British Prime Minister Winston Churchill desired.
Australia's independence was further demonstrated in its military engagements during WWII. Australian special forces played a significant role in the Pacific War, deploying commando companies to Timor, the Solomon and Bismarck Islands, and New Caledonia. Notably, the 2/2nd and 2/4th Independent Companies waged a successful guerrilla campaign on Timor from February 1942 to February 1943. Additionally, Australian guerrillas from the New Guinea Volunteer Rifles established observation posts to monitor Japanese activity in New Guinea, and the 2/5th Independent Company raided Salamaua, contributing to the defence of the region.
In summary, Australia's functional independence during WWII was evident in its foreign affairs, defence strategies, and military engagements. The country's decisions during this period reflected a shift towards greater autonomy and a willingness to prioritise its own interests, marking a step towards full independence.
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Australia's administrative independence in 1986
Australia and New Zealand's paths to independence from the British Empire were distinct and spanned several decades. While New Zealand became a self-governing "Dominion" in the British Empire in 1907, Australia's states became governed by the people with the Commonwealth of Australia Constitution Act 1900, and the country was established as a federation in 1901.
In 1926, the Balfour Declaration affirmed that the British Dominions were "autonomous communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs." This declaration was codified by the Statute of Westminster in 1931, which granted Australia and New Zealand control over their external policies. However, it was not until 1947 that New Zealand adopted the Statute of Westminster, and Australia's adoption of the statute was backdated to the outbreak of World War II in 1939.
New Zealand took further steps towards independence in 1948, when it passed the British Nationality and New Zealand Citizenship Act, which altered the country's nationality law and made all New Zealanders New Zealand citizens, although they remained British subjects. In 1942, the United States recognised New Zealand as an independent state with autonomous control over its foreign relations.
While Australia established diplomatic relations with the United States in 1940, it continued to maintain ties with the British Empire. It was not until the Australia Act of 1986 that Australia administratively cut most of its remaining ties with the British Empire. The Australia Act was passed by both the Australian and British parliaments and came into effect on March 3, 1986, with the assent of Queen Elizabeth II. The Act ended the power of the UK Parliament to legislate in Australia and affirmed Australia's status as a "sovereign, independent and federal nation."
In summary, while New Zealand gained self-governance in 1907 and took steps towards independence in the 1940s, Australia's path to independence was more gradual. The Australia Act of 1986 was a pivotal moment that severed legislative ties with the UK and cemented Australia's administrative independence.
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New Zealand's status as a Dominion in 1907
Australia and New Zealand have historically shared close ties, with both countries being enthusiastic members of the British Empire. However, New Zealand's path to independence began much earlier, even before it became a British colony. There were minor rebellions in Canada, and to avoid a repeat of the American Revolution, Lord Durham's report in 1839 recommended self-governance for colonies with substantial British populations. This was first implemented in Nova Scotia in 1848, with Canada, New Zealand, and the Australian colonies soon following suit.
In 1840, New Zealand was formally made an extension of the New South Wales colony, with the Legislative Council of New South Wales passing an Act to that effect in 1840. However, this was intended to be temporary, and in 1841, New Zealand became a separate British Crown colony. In 1846, Britain's Parliament passed the New Zealand Constitution Act, granting self-government to the colony. However, this was suspended by Governor George Grey due to the Flagstaff War and other concerns. New Zealand finally became a self-governing colony in 1853 following the passage of the New Zealand Constitution Act 1852, which established the New Zealand Parliament.
New Zealand continued to strengthen its political independence over the next several decades. In 1901, New Zealand declined to ratify the Australian Constitution and did not join the Federation of Australia. Instead, it sought to become a dominion, a status that symbolised its shift to self-governance. On 26 September 1907, King Edward VII proclaimed New Zealand as a dominion within the British Empire, and it became known as the Dominion of New Zealand. This change in status was driven by Prime Minister Sir Joseph Ward, who wanted to differentiate New Zealand from Australia and elevate its status on the world stage.
While the term "dominion" fell into disuse in subsequent decades, the 1907 royal proclamation was never revoked and remains technically in force. New Zealand continued to strengthen its independence, with the Balfour Declaration of 1926 declaring Britain's dominions as "autonomous communities...equal in status". The Statute of Westminster in 1931 further established the legal basis for independence, which New Zealand adopted in 1947. In 1948, the New Zealand Parliament passed the British Nationality and New Zealand Citizenship Act, altering nationality laws and marking another step towards full independence. The final legal constitutional links with the United Kingdom were severed by the Constitution Act in 1986.
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New Zealand's legal basis of independence in 1931
New Zealand was granted "
The Balfour Declaration of 1926 further declared Britain's Dominions as "equal in status", stating that they were “autonomous communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown, and freely associated as members of the British Commonwealth of Nations." This declaration provided formal, international recognition of independence and paved the way for constitutional independence as embodied in the Statute of Westminster 1931. This statute established the legal basis of independence for New Zealand, stating that no act of the British Parliament would henceforth extend to a dominion without its specific request and consent.
However, New Zealand showed hostility towards this development and did not adopt the Statute of Westminster until 1947. Despite this adoption, some New Zealanders still perceived themselves as a distinctive branch of the United Kingdom until at least the 1970s. This perception began to change when the United Kingdom joined the European Community in 1973 and abrogated its preferential trade agreements with New Zealand.
Full legal independence was achieved when the New Zealand Parliament legislated to define its own authority in the Constitution Act 1986, which also repealed the New Zealand Constitution Act 1852, the 1947 amendment act, and the Statute of Westminster. This act severed the final legal constitutional links between New Zealand and the United Kingdom.
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New Zealand's full independence in 1947
New Zealand's path to full independence was a gradual process, with no single date marking its independence. However, a significant step towards independence was taken in 1947 with the adoption of the Statute of Westminster.
New Zealand became a British colony in the 19th century, and the first New Zealand Constitution Act granting self-government was passed by the British Parliament in 1846. This act was suspended due to the Flagstaff War but was later put into effect with the passage of the New Zealand Constitution Act of 1852, which established an elected legislature, the New Zealand Parliament.
In 1901, New Zealand did not join the Federation of Australia and instead became a dominion in 1907, known as the Dominion of New Zealand. This status granted New Zealand a degree of autonomy within the British Empire, but it was not considered full independence. The Balfour Declaration of 1926 further affirmed the equal status of Britain's dominions, and the Statute of Westminster of 1931 provided the legal basis for independence. However, New Zealand did not adopt this statute until 1947.
Despite these legal developments, New Zealand's full independence was a gradual process, and it continued to maintain ties with the United Kingdom. For example, in 1948, New Zealand passed the British Nationality and New Zealand Citizenship Act, which affirmed that New Zealanders remained British subjects. It was not until the Constitution Act of 1986 that the final legal constitutional links between the two countries were severed.
Today, New Zealand is recognised as an independent, diverse, democratic country with its own currency and a broad base of trading relationships. While there is no official independence day, Waitangi Day on 6 February is a significant public holiday commemorating the signing of the Treaty of Waitangi, which is considered the founding document of the country.
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Frequently asked questions
Australia gained independence from the United Kingdom in a gradual process. The colonies federated in 1901, forming the Commonwealth of Australia and increasing autonomy from the UK. This process continued with the Statute of Westminster Adoption Act 1942, and Australia established diplomatic relations with the US in 1940. The remaining constitutional ties with the UK were severed with the Australia Acts of 1986, which maintained the monarch as Queen of Australia.
New Zealand's path to independence is debated and occurred through an evolving constitutional status. The country became a separate Crown colony in 1841, and gained the right to self-governance in 1853. New Zealand became a dominion in 1907 and gained full statutory independence in 1947, retaining the British monarch as head of state.
The Balfour Declaration of 1926 stated that the British Dominions were equal in status, granting New Zealand more control over its internal affairs. This was followed by the Statute of Westminster in 1931, which created the legal basis for independence.
