The NZ flag

Maritime origins

The roots of New Zealand's present flag lie in the Imperial Colonial Naval Defence Act of 1865, which ruled that all ships owned by a colonial government must fly the Blue Ensign with the badge of the colony on it. New Zealand at that time did not have an official badge or emblem, and as such flew the Blue Ensign without a distinguishing badge. In 1866, the Government steamers St. Kilda and Sturt were reprimanded by visiting British ships for flying the Blue Ensign without the colony's badge. This embarrassment prompted the government to devise an emblem for placement on the flag, in compliance with the Act.

Initial ideas for the design of New Zealand's emblem included the seal of New Zealand and the words 'New Zealand', however both were found to be too difficult to work into the design of the Blue Ensign. The four stars of the Southern Cross were also proposed, but were rejected as not being exclusively representative of New Zealand. In 1867, the colonial government settled on the abbreviation NZ in red lettering with a white border to represent New Zealand on the Blue Ensign. This emblem was shortlived and in 1869, was replaced by the earlier suggestion of the Southern Cross, comprised of four red stars with white borders.

The signalling flag

Officially the flag with the Southern Cross was for maritime purposes only but it gradually came to be used on land, even though the Union Jack remained the legal flag of New Zealand. Further confusion was caused by the introduction of a new International Code of Signals, which instituted a new signalling flag in 1899. The signalling flag was identical to the Southern Cross flag, except for the addition of a white disc surrounding the red stars.

It too was for use at sea or in foreign ports; however, its use spread on shore to public buildings and commercial advertising, causing much consternation in the House of Representatives. During debates in Parliament it was harshly described as being 'mutilated' or 'an abortion' or more curiously, as 'a Hennessy's brandy capsule'. With the outbreak of the South African War in 1899 and its associated patriotism and flag-waving, the confusion surrounding the correct flag was an embarrassment to Premier Richard Seddon.

Making the flag official

Seddon's response was to introduce the New Zealand Ensign and Code Signals Bill in 1900 to make the Blue Ensign with the stars of the Southern Cross the legal flag of New Zealand. The Bill received general acclaim in the House, but met with opposition when it reached Sir Robert Stout, who was acting as Governor in the absence of the Earl of Ranfurly. Stout disapproved of the Bill as he felt the clause reserving the Act for Her Majesty's approval trampled on the Governor's right to decide an appropriate course of action. Seddon disagreed, and refused to alter the offending clause, as he considered a constitutional principle to be at stake. In the end, the wrangling all came to nothing as the Admiralty had concerns entirely unrelated to the mechanism by which the Bill was set aside for Her Majesty's assent.

New Zealand flag from Gallipoli

The Admiralty objected to the proposed use of the Blue Ensign 'for all purposes', as set out in the preamble of the Act. In the United Kingdom, the privilege of flying the Blue Ensign was reserved for Government ships, and other distinguished vessels. It was feared that this distinction would be watered down should the New Zealand Bill be approved, as all New Zealand-registered merchant ships would be automatically granted the right to fly the Blue Ensign under its provisions. The New Zealand Government therefore agreed to specifically limit the use of the Blue Ensign at sea to those 'vessels owned and used by the New Zealand Government', or where a warrant to fly the Ensign had been obtained from the Admiralty.

The Australian flag - a New Zealand design?

The Bill was replaced by another modified New Zealand Ensign Act, which was passed by the House on 5 November 1901, after debate as to whether the Southern Cross ought to include five stars as the Victorian flag did. His Majesty The King approved the Act on 24 March 1902 and His Excellency the Governor's proclamation to this effect was published in the New Zealand Gazette on 12 June 1902. A description of the flag followed on 27 June 1902, detailing alterations to the size and position of the stars. The Act was replaced by various Shipping and Seamen's Acts, including those of 1903 and 1908, but the provisions concerning the New Zealand flag remained effectively unchanged until the Flags, Emblems and Names Protection Act 1981 came into force.