Ex-Prince Andrew arrest: The law change New Zealand would make if the line of succession changed

With speculation swirling around former prince Andrew Mountbatten-Windsor‘s claim to the throne since his arrest, questions remain about what that means for New Zealand as a Commonwealth member.

Mountbatten-Windsor was detained early Thursday (UK time) on suspicion of misconduct for his links to late US sex offender Jeffrey Epstein.

King Charles III, who has promised police the full support of Buckingham Palace, swiftly issued a rare personally signed statement insisting: “The law must take its course”.

While Mountbatten-Windsor was stripped of his titles last year, the 66-year-old remains the eighth person in line to lead the monarchy.

He sits behind Prince William, William’s three children, Prince Harry and his two children.

On the Governor-General of New Zealand website, it lists the current line of succession, using the former prince’s old title of the Duke of York.

A spokesman for Prime Minister Christopher Luxon said no advice or communication had been received regarding any change to succession.

He did not provide a response when asked if Luxon would support actions to remove Mountbatten-Windsor as an heir to the throne.

In November, after it was announced Mountbatten-Windsor would be stripped of several titles and honours, Luxon told the Herald any change to the line of succession would be a “matter for the UK, obviously in consultation with Realm countries”.

“We’ll have a part to play in that but I haven’t sought specific advice from New Zealand on that... We haven’t received any notification from the Palace or from the UK.”

Asked if he wanted to see Andrew be removed from the line of succession, Luxon responded: “Those are decisions for the Palace. I support the King’s decisions and I’ll continue to support the Palace’s decisions”.

The Governor General’s website points to the Royal Succession Act 2013, which lays out the law of succession and is replicated in the United Kingdom and other Commonwealth countries.

The House would have to consider an amendment or new legislation if Mountbatten-Windsor was removed.

In 2015, then Justice Minister Amy Adams welcomed the implementation of the Royal Succession Act, which had made three specific changes:

• The order of succession will no longer be based on gender and will allow an elder daughter to precede a younger son as heir to the throne. This rule will apply to any children in the line of succession born after 28 October 2011.
• A person married to a Roman Catholic will be able to accede to the throne.
• Seeking the Sovereign’s permission to marry, which currently applies to all members of the royal family, will be limited only to the first six in line to the throne.

While the Act was passed in 2013 after changes were agreed in 2011, it didn’t take effect until two years later to ensure legislation was co-ordinated with other countries.

“All Realms, including New Zealand, must have the same succession laws,” Adams said at the time.

“These changes help improve the rules of succession and reflect modern values such as gender equality, which is positive for New Zealand’s system of government.”

Adam Pearse is the Deputy Political Editor and part of the NZ Herald’s Press Gallery team based at Parliament in Wellington. He has worked for NZME since 2018, reporting for the Northern Advocate in Whangārei and the Herald in Auckland.