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About Professor Noel Cox
Expertise
I am an expert on monarchy and royalty. My particular areas of interest are the New Zealand and British monarchies. Special areas in which I have written include constitutional law, the law of succession, peerage and honours, heraldry and ceremonial.

Experience
I am Chairman of the Monarchist League of New Zealand, the leading monarchist organisation in New Zealand. I am also a constitutional lawyer, holding a university chair as Professor of Constitutional Law.

Publications
A Constitutional History of the New Zealand Monarchy (V.D.M., Saarbrücken, 2008; ISBN 978-3-639-00877-7) 332 pp “The Royal Prerogative in the Realms” (2007) 33(4) Commonwealth Law Bulletin 611-638 “The Office of the Chief Herald of Ireland and continuity of legal authority” (2007) 29 Dublin University Law Journal 84-110 “The Revenge of the Arcane Exclusion Clause: The Civil Registration of Marriage and the Royal Family” (2005) 5(2) Oxford University Commonwealth Law Journal 179-204 “The effect of the advent of the Mixed-Member Proportional voting system upon the role of the Governor-General of New Zealand” (2002) 14(2) Bond Law Review 424-441 “The Treaty of Waitangi and the Relationship between Crown and Maori in New Zealand” (2002) 28(1) Brooklyn Journal of International Law 123-153 “The Theory of Sovereignty and the Importance of the Crown in the Realms of The Queen” (2002) 2(2) Oxford University Commonwealth Law Journal 237-255 “Black v Chrétien: Suing a Minister of the Crown for Abuse of Power, Misfeasance in Public Office and Negligence” (September 2002) 9(3) E-Law, Murdoch University Electronic Journal of Law available at “The Evolution of the Office of Governor-General of New Zealand” (2001) 5(1&2) Mountbatten Journal of Legal Studies 51-77 “Republican Sentiment in the Realms of the Queen: The New Zealand Perspective” (2001-2002) 29(1) Manitoba Law Journal 1-28 “The control of advice to the Crown and the development of executive independence in New Zealand” (2001) 13(1) Bond Law Review 166-189 “The Law of Succession to the Crown in New Zealand” (1999) 7 Waikato Law Review 49-72 “The Law of Arms in New Zealand” (1998) 18(2) New Zealand Universities Law Review 225-256 “The British Peerage: The Legal Standing of the Peerage and Baronetage in the Overseas Realms of the Crown with Particular Reference to New Zealand” (1997) 17 (4) New Zealand Universities Law Review 379-401

Education/Credentials
After attending grammar school in Takapuna, I took up the study of law at the University of Auckland. After graduation with an LL.B. I was admitted and enrolled as a Barrister and Solicitor of the High Court of New Zealand. I then undertook an LL.M. at the same university, and received the Fowlds Memorial Prize as most distinguished student in the Faculty of Law. I subsequently undertook a Ph.D. My doctoral research was under the supervision of Associate Professor Raymond Miller, and was on the topic of the “The Evolution of the New Zealand Monarchy: The Recognition of an Autochthonous Polity”.

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Royalty - Debate on change to Republicanism in NZ

Expert: Professor Noel Cox - 11/4/2009

Question
Hi Noel, my question relates to the debate over New Zealand becoming a republic. I was wondering what questions you would consider and be interested in when talking about constitutional change from a political science point of view and for what reason would these be important questions to consider?

I am to write an essay on this and was wanting to get the point of view from a leading expert on the monarchy and New Zealand.

Thank You very much,

Sincerely,

Nick

Answer
The key type of questions would include what is the proper place of the Treaty of Waitangi (including the related question of how to manage Maori participation in government), what respestive powers should be given to the courts, parliament and the executive (for instance, should the courts be able to overturn legislation), whether the head of state (whether Queen and Governor-General, or a President), should be elected (by Parliament, an electoral college, or the people), appointed, hereditary or selected by some other means. I'd also ask whether we wanted an entrenched written constitution.

The reasons why we might become a republic are either based on national identity (New Zealand should be seen to be independent), and principle (monarchy may not be the best form of government). The contrary arguments include that the system works and is understood, that it ensures stability and a non-political head of state, and that maintaining such a system shows considerable political maturity.

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