Executive power is exercised by ministers, all of whom are sworn into the Executive Council and accountable to the elected legislature, the House of Representatives.[12] Several senior ministers (usually 20) constitute a collective decision-making body known as the Cabinet, which is led by the prime minister[13] (currently Christopher Luxon). A few more ministers (usually junior or supporting) are part of the Executive Council but are outside Cabinet. Most ministers have a portfolio of specific responsibilities such as departments or policy areas, although ministers without portfolio can be appointed.
The position of prime minister belongs to the person who commands the confidence of the majority of members in the House of Representatives. The position is determined also by several other factors, such as support agreements between parties and internal leadership votes in the party that leads the Government. The prime minister and other ministers are formally appointed by the governor-general (who is the King's personal representative in New Zealand).[12] By convention, the governor-general acts on the advice of the prime minister in appointing ministers.
More commonly, the term is used to refer specifically to the executive branch.[15] The largest party or coalition in the House of Representatives, with a sufficient number of MPs to win crucial parliamentary votes, will form a Cabinet—this is the sense intended when it is said that a political party "forms the government".[16][17] The Constitution Act 1986, the principal part of New Zealand's constitution, locates the executive government in the Executive Council,[12] which also includes ministers outside Cabinet.[18]
The Executive Wing of Parliament Buildings, commonly called the "Beehive" because of the building's shape, houses many government offices and is also where the Cabinet meets.[19] Thus the name Beehive is sometimes used metonymically to refer to the New Zealand Government.[20]
The official website of the New Zealand Government uses the web address beehive.govt.nz.[21]
The first New Zealand Constitution Act was passed in 1846, though Governor George Grey was opposed to its implementation, specifically the proposed division of the country into European and Māori districts, and stated that settlers were not ready for self-government. As a result, almost all of the Act was suspended pending the new Act of 1852. New Zealand was at this time being governed as a Crown colony. Prior to the act, the basic document setting out the governance of New Zealand since the signing of the Treaty of Waitangi was the Charter for Erecting the Colony of New Zealand of 1840.[22][23]
In short, there have been three distinctly different periods of New Zealand government—firstly, the period before responsible government; second, from 1856 to 1890, the period in which responsible government begins; and the third period starting with the formation of political parties in 1891.[31]
By convention, a distinct government is named after the largest party that leads it.[32][33][34]
Queen Elizabeth II and her New Zealand Cabinet, photographed during the Queen's 1981 tour of the country. The prime minister during that time was Robert Muldoon, on her right
The king rarely personally exercises his executive powers; since the sovereign does not normally reside in New Zealand, he appoints a governor-general to represent him and exercise most of his powers.[46] The person who fills this role is selected on the advice of the prime minister.[46] "Advice" in this sense is a choice without options since it would be highly unconventional for the prime minister's advice to be ignored—a convention that protects the monarchy. As long as the monarch is following the advice of his ministers, he is not held personally responsible for the decisions of the Government. The governor-general has no official term limit, and is said to serve "at His Majesty's pleasure".[47]
As per the conventional stipulations of constitutional monarchy, the king and his representative rarely intervene directly in political affairs.[46] Just as the sovereign's choice of governor-general is on the prime minister's advice, the governor-general exercises the executive powers of state on the advice of ministers.[12] For example, the governor-general's power to withhold the Royal Assent to bills of parliament has been rendered ineffective by the convention.[43]
Government in Parliament
Chart showing the relationship between the executive Government and the Parliament. All ministers are MPs.
Under the conventions of the Westminster system, the Government is accountable to the House of Representatives, the democratically elected component of Parliament, rather than to the sovereign. This is called responsible government.[14][15] For example, ministers are required to be members of the House, and they make statements and take questions from other members in the House.[48] The Government is required by convention and for practical reasons to maintain the support, or confidence, of the House of Representatives. It also requires the support of the House for the maintenance of supply (by voting through the government's budgets) and in order to pass primary legislation.[49][50] By convention, if a government loses the confidence of the House then it must either resign or call for a general election.[15][51] Not since 1928 has a government been defeated on a confidence vote and therefore been obliged to resign.[52]
The Constitution Act 1986 stipulates that general elections must be held at least every three years,[53] making this the maximum period of time that a government can serve without seeking renewal of its mandate.[54] Upon the dissolution of Parliament (preceding a general election) ministers are no longer members of the House of Representatives; however, they can remain members of the Executive Council "until the expiration of the 28th day after the day on which that person ceases to be a member of Parliament".[12]
Also known as "ministers of the Crown", these are members of Parliament who hold ministerial warrants from the Crown to perform certain functions of government. This includes formulating and implementing policies and advising the governor-general.[55] Before 1996 nearly all ministers were members of the Cabinet, but since the introduction of proportional representation, which has led to complex governing arrangements, there are currently three categories of minister: ministers in Cabinet, ministers outside Cabinet, and ministers from supporting parties.[56]
The Executive Council, established under the Letters Patent 1983, is a formal body that meets to give legal effect to decisions made by the Cabinet, and to carry out various other functions, such as the making of certain appointments to government agencies and boards. The Executive Council's primary function is to issue Orders in Council, which are legally binding regulations made by the Government.[47][57]
All ministers are members of the Executive Council, and are styled "The Honourable" while in office (or for life if the prime minister recommends it),[58] except for the prime minister, who is entitled to be styled "The Right Honourable" for life.[59] Although not a member of the Executive Council, the governor-general usually presides at Council meetings.[60]
Cabinet (Māori: Te Rūnanga) is the senior decision-making body of the Government.[61][62] Constitutional law, such as the Constitution Act 1986, does not recognise the Cabinet as a legal entity; it exists solely by constitutional convention.[63][64] Its decisions do not in and of themselves have legal force; however, it serves as the practical expression of the Executive Council, which is New Zealand's highest formal governmental body.[55]
The prime minister is responsible for chairing meetings of Cabinet.[29] The governor-general will appoint as prime minister the person most likely to receive the confidence of the House of Representatives to lead the Government. In practice, the appointment is determined by size of each political party, support agreements between parties, and leadership votes in the party that leads the Government.[29][65] The prime minister then advises the governor-general to appoint other ministers. Each minister is responsible for the general administration of at least one portfolio, and heads a corresponding public service department (see § Departments).[62][66] The most important minister, following the prime minister, is the finance minister, while other high-profile portfolios include foreign affairs, justice, health and education.
Traditionally, all members are collectively responsible for the actions taken by Cabinet—typically all Cabinet ministers must publicly support the decisions of Cabinet.[67] However, since the introduction of the mixed-member proportional (MMP) electoral system in 1993,[68] processes were developed to allow different parties within a coalition cabinet to "agree to disagree" on some issues.[69]
The legislative agenda of Parliament is determined by the Cabinet. At the start of each new parliamentary term, the governor-general gives an address prepared by the Cabinet that outlines the Government's policy and legislative proposals.[70]
Ministers outside Cabinet
A few other ministers serve in the Executive Council but outside of Cabinet. Since the introduction of MMP, governments have been formed following agreements between a major party and smaller support parties. In such arrangements, government ministers from the support parties are often ministers outside Cabinet.[69] Non-Cabinet ministers may also be from the major governing party, as has been the case in recent governments.[71] Ministers outside the Cabinet have the same overall duties and responsibilities as their senior colleagues inside Cabinet.[62][13]
Lead Coordination Minister for the Government’s Response to the Royal Commission’s Report into Historical Abuse in State Care and in the Care of Faith-based Institutions
Associate Minister of Education (Partnership Schools) Associate Minister of Finance Associate Minister of Health (Pharmac) Associate Minister of Justice (Treaty Principles Bill)
^Only members regularly attend Cabinet meetings, although ministers outside Cabinet and support party ministers can be invited to attend if an area of their portfolio is on the agenda. Thus all ministers listed below have a role in Cabinet's decision-making.
New Zealand's public service includes 32 core government institutions—most have ministry or department in their name, e.g. Ministry for Culture and Heritage, or Department of Internal Affairs—which are listed in the first schedule to the State Sector Act 1988.[74][5] Staffed by around 45,000 public servants,[75] they provide the government of the day with advice and deliver services to the public. Since the 1980s, the public service has been marketised.[76] Each department is headed by a chief executive who answers to a government minister for that department's performance. In turn, a minister bears the ultimate responsibility for the actions of their department, being answerable to the House of Representatives.[5] This principle is called individual ministerial responsibility.[56]
There are two main tiers of elected local authorities—regional councils and territorial authorities—in some places merged into unitary authorities. While the central government deals with issues relevant to New Zealand and its people as a nation, local government exists "to enable democratic local decision-making and action by, and on behalf of, communities", and "to meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses."[78]
^"About this website". beehive.govt.nz. New Zealand Government. Retrieved 18 August 2020. Beehive.govt.nz is the official website of the New Zealand Government.
^Moon, Paul (2010). New Zealand Birth Certificates: 50 of New Zealand's Founding Documents. AUT University Media. p. 66. ISBN9780958299718.
^Moon, Paul (2013). "The New Zealand Constitution Act, 1852". Turning Points - events that changed the course of New Zealand history. New Holland. p. 71. ISBN978-1-86966-379-7.
^"Responsible government". History of the Governor-General. Ministry for Culture and Heritage. 14 July 2014. Archived from the original on 18 May 2017. Retrieved 1 May 2017.
^Joseph, Philip A. (2001). Constitutional and Administrative Law in New Zealand (2nd ed.). Wellington: Brookers. p. 628.
^McKeown, Deirdre (22 March 2010). "Parliamentary involvement in declaring war and deploying forces overseas". www.aph.gov.au. Canberra: Parliament of Australia. Retrieved 15 April 2020. The formal right to declare war was clearly part of the Royal Prerogative inherited from Great Britain in 1840 and it remains an acknowledged part of New Zealand law.
^ abc"The Role of the Governor-General". The Governor-General of New Zealand Te Kawana Tianara o Aotearoa. 27 February 2017. Archived from the original on 19 April 2017. Retrieved 30 April 2017.
^ ab"Executive Council". Department of the Prime Minister and Cabinet. 31 January 2017. Archived from the original on 14 May 2017. Retrieved 30 April 2017.
^Wanna, John (2005). New Zealand's Westminster trajectory: Archetypal transplant to maverick outlier. Sydney, NSW: UNSW Press. pp. 161–165. ISBN0868408484.
Palmer, Geoffrey; Palmer, Matthew (2004). Bridled Power: New Zealand's constitution and government (4th ed.). South Melbourne, Vic. [u.a.]: Oxford University Press. ISBN978-0-195-58463-9.
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