51-581: The Crown Law Office ( Crown Law ; Māori : Te Tari Ture o te Karauna ) is the public service department charged with advising the New Zealand Government on legal affairs, representing the government in appellate cases, and overseeing the prosecution of criminal offences before the courts. The offices of the attorney-general and solicitor-general are the principal legal advisers to the New Zealand Government, and act as
102-446: A general election . Not since 1928 has a government been defeated on a confidence vote and therefore been obliged to resign. The Constitution Act 1986 stipulates that general elections must be held at least every three years, making this the maximum period of time that a government can serve without seeking renewal of its mandate . Upon the dissolution of Parliament (preceding a general election) ministers are no longer members of
153-471: 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
204-409: A corresponding public service department ( see § Departments ). 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
255-620: A member of Parliament (this was codified in the Constitution Act of 1986). However, one may serve up to thirty days without being in Parliament; this is to allow for the transition of members not yet sworn in and members who have retired or been defeated. Each executive councillor must take the relevant oaths or affirmations set out in legislation. The Executive Council of New Zealand was first constituted in 1840 by proclamation of Governor William Hobson , who designated it as
306-697: 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. All ministers are members of the Executive Council, and are styled " The Honourable " while in office (or for life if
357-677: Is a reference to the monarch, King Charles III , who is the head of state under the Constitution Act 1986. The legal authority of the state that is vested in the monarch, known as " the Crown ", which is the source of the executive power exercised by the Government. Sovereignty in New Zealand has never rested solely with the monarch due to the English Bill of Rights 1689 , later inherited by New Zealand, which establishes
408-659: Is generally regarded as having been the country's first prime minister. The first ministry that formed along party lines did not appear until 1891, when John Ballance formed the Liberal Party and the Liberal Government . The prime minister became the leader and public face of the governing party. The status of the monarch's representative was upgraded from "governor" to " governor-general " in 1917 letters patent . In short, there have been three distinctly different periods of New Zealand government—firstly,
459-430: Is said to serve " at His Majesty's pleasure ". As per the conventional stipulations of constitutional monarchy , the king and his representative rarely intervene directly in political affairs. 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. For example, the governor-general's power to withhold
510-424: Is selected on the advice of the prime minister. " 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
561-508: Is the full group of " responsible advisers" to the governor-general , who advise on state and constitutional affairs. All government ministers must be appointed as executive councillors before they are appointed as ministers; therefore all members of Cabinet are also executive councillors. The governor-general signs a warrant of appointment for each member of the Executive Council, and separate warrants for each ministerial portfolio. To be an executive councillor, one must normally be
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#1732772395335612-532: The Executive Council and accountable to the elected legislature , the House of Representatives. Several senior ministers (usually 20) constitute a collective decision-making body known as the Cabinet , which is led by the prime minister (currently Christopher Luxon ). A few more ministers (usually junior or supporting) are part of the Executive Council but are outside Cabinet. Most ministers have
663-543: The Westminster system has no de jure authority. According to the Cabinet Manual : The Executive Council meets every Monday to sign Orders in Council (regarding regulations and appointments, for example), and may also informally brief the governor-general on political developments and constitutional issues that have arisen. Any three members of the Executive Council constitute a quorum. The clerk of
714-563: 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." Executive Council of New Zealand The Executive Council of New Zealand ( Māori : Te Komiti Matua o Aotearoa )
765-402: The " Beehive " because of the building's shape, houses many government offices and is also where the Cabinet meets. Thus the name Beehive is sometimes used metonymically to refer to the New Zealand Government. The official website of the New Zealand Government uses the web address beehive.govt.nz . The first New Zealand Constitution Act was passed in 1846, though Governor George Grey
816-491: The Abolition of Provinces Act 1876, during the premiership of Harry Atkinson . For the purposes of the law, the provinces formally ceased to exist on 1 January 1877. The Sewell Ministry constituted the first responsible government , with control over all domestic matters other than native policy. Formed in 1856, it lasted from 18 April to 20 May. From 7 May onward, Henry Sewell was titled " colonial secretary ", and
867-427: The Cabinet as a legal entity; it exists solely by constitutional convention. 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. The prime minister is responsible for chairing meetings of Cabinet. The governor-general will appoint as prime minister the person most likely to receive
918-433: The Cabinet that outlines the Government's policy and legislative proposals. 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. Non-Cabinet ministers may also be from
969-604: The Crown Law Office is to assist the attorney-general and the solicitor-general in carrying out their legal responsibilities and obligations. In addition to legal and administrative support, the Office is accountable for: Today, the Crown Law Office operates as a government department with the solicitor-general as its chief executive. The office has more than 70 legal staff and a similar number of support staff. The scope and range of legal work undertaken has expanded to meet
1020-584: The Crown Solicitor in Auckland. New Zealand Government The New Zealand Government ( Māori : Te Kāwanatanga o Aotearoa ) is the central government through which political authority is exercised in New Zealand . As in most other parliamentary democracies , the term "Government" refers chiefly to the executive branch , and more specifically to the collective ministry directing
1071-498: The Crown did not hold a seat in Cabinet occurred when David Lange served as Attorney-General from 1989 to 1990, after resigning as Prime Minister. The appointment of Winston Peters as Minister of Foreign Affairs and Peter Dunne as Minister of Revenue subsequent to the 2005 general election saw the status of ministers outside Cabinet develop significantly, given that they were appointed to important ministerial positions outside Cabinet in exchange for their parties supporting
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#17327723953351122-469: The Crown's representatives in court. The attorney-general is by tradition a ministerial position, and is filled by a member of parliament . The solicitor-general, since 1875, is a non-political appointee, and also serves as the chief executive of the Crown Law Office. The positions of attorney-general and solicitor-general were established in England in 1243 and 1461 respectively. The solicitor-general
1173-418: The Executive Council (who is also the Cabinet secretary ) is appointed by the governor-general on advice of the prime minister, and is responsible for attending all meetings of the Council and keeping records of its meetings, as well as for co-coordinating any official support or advice to the governor-general. The clerk also countersigns any Order in Council, proclamation , or other legal instrument issued by
1224-410: The Executive Council but not of Cabinet. By constitutional convention, only members of Cabinet advise the governor-general through the Executive Council. Ministers outside Cabinet traditionally hold minor portfolios , or serve as associate ministers, with carefully specified powers and responsibilities delegated to them by relevant portfolio ministers. One of the first instances in which a minister of
1275-474: The Executive Council. The governor-general is bound by convention to follow the advice. Members of the Executive Council are referred to as ministers of the Crown , which is not equivalent to being a Cabinet minister; their appointment as members of the Council gives them the authority to exercise executive power. Most members of the Executive Council are Cabinet ministers, but some are appointed as so-called "minister outside Cabinet"; they are still members of
1326-417: The Government on matters of confidence and supply while being required to defend Government policies only within their spheres of ministerial responsibility. There have also been ministers without portfolio , e.g., Mark Fagan from 1935 to 1939, who was briefly acting Minister of Customs in 1939. He was followed by David Wilson from 1939 to 1949, who was Minister of Immigration 1940–44. They were members of
1377-466: 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". The Constitution Act 1986 , the principal part of New Zealand's constitution, locates the executive government in the Executive Council , which also includes ministers outside Cabinet. The Executive Wing of Parliament Buildings , commonly called
1428-431: 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". 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
1479-424: The House. 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 . By convention, if a government loses the confidence of the House then it must either resign or call for
1530-488: The Parliament in order to call an election , and extends to foreign affairs: the negotiation and ratification of treaties, alliances, international agreements, the right to declare war and peace , and the deployment and armament of defence forces. 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. The person who fills this role
1581-527: The Royal Assent to bills of parliament has been rendered ineffective by the convention. 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 . For example, ministers are required to be members of the House, and they make statements and take questions from other members in
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1632-591: The actions of their department, being answerable to the House of Representatives. This principle is called individual ministerial responsibility . The wider state sector also includes about 2,800 Crown entities (including some 2,600 school boards of trustees), 17 state-owned enterprises , three officers of Parliament, and the Reserve Bank of New Zealand . There are two main tiers of elected local authorities— regional councils and territorial authorities —in some places merged into unitary authorities . While
1683-427: 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. 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
1734-417: The decisions of Cabinet. However, since the introduction of the mixed-member proportional (MMP) electoral system in 1993, processes were developed to allow different parties within a coalition cabinet to " agree to disagree " on some issues. 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
1785-480: The executive. Based on the principle of responsible government , it operates within the framework that "the [ King ] reigns, but the government rules, so long as it has the support of the House of Representatives ". The Cabinet Manual describes the main laws, rules and conventions affecting the conduct and operation of the Government. Executive power is exercised by ministers , all of whom are sworn into
1836-485: The first schedule to the State Sector Act 1988 . Staffed by around 45,000 public servants, they provide the government of the day with advice and deliver services to the public. Since the 1980s, the public service has been marketised . 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
1887-424: The full range of activities undertaken by the government in commercial, economic and social areas. The Crown Solicitor network began in the 1920s when P S K Macassey resigned from the Crown Law Office to enter private practice. He was allowed to continue his Wellington-based criminal prosecution work. Some years later a similar arrangement was made with V R S Meredith QC, (later Sir Vincent Meredith), who later became
1938-621: The governor-general. The Executive Council was created to advise the governor-general (who represents the monarch); it was the counterpart to the Legislative Council , the now-defunct upper house of the New Zealand Parliament . The governor-general presides over, but is not a member of, the Executive Council. Most of the powers vested in the governor-general ( prerogative powers ), such as appointments of political officials, are exercisable only under advice from
1989-468: The governor-general. 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. The Executive Council, established under the Letters Patent 1983 ,
2040-763: The major governing party, as has been the case in recent governments. Ministers outside the Cabinet have the same overall duties and responsibilities as their senior colleagues inside Cabinet. The current ministry , since November 2023, is the National Party government led by Prime Minister Christopher Luxon , forming a coalition with ACT New Zealand and New Zealand First . The table below lists all ministers, as of 25 June 2024 . Notes 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
2091-468: The next 25 years. During this period the roles and responsibilities of the attorney-general and the solicitor-general were the subject of some debate and clarification by the Supreme Court. The Crown Law Office was formed to provide legal and administrative support to the solicitor-general. Its role was mainly advisory, but did include the drafting of legislation until a separate Law Drafting Office
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2142-525: 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). By convention, the governor-general acts on the advice of the prime minister in appointing ministers. In New Zealand, the term Government can have a number of different meanings. At its widest, it can refer collectively to
2193-465: 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. By convention, a distinct government is named after the largest party that leads it. The New Zealand Government is formally styled [His] Majesty's Government in the Seal of New Zealand Act 1977 . This
2244-405: The prime minister recommends it), except for the prime minister, who is entitled to be styled " The Right Honourable " for life. Although not a member of the Executive Council, the governor-general usually presides at Council meetings. Cabinet ( Māori : Te Rūnanga ) is the senior decision-making body of the Government. Constitutional law, such as the Constitution Act 1986, does not recognise
2295-483: The principal advisory body in the administration of the government. The Executive Council's primary function is to issue Orders in Council , which operate under the authority of the " Governor-General-in-Council ". The authority for its existence is provided by the Letters Patent 1983 . The Executive Council has de jure executive power . This power is used to legally enact the decisions of Cabinet (the de facto body of executive power), which under conventions of
2346-512: The principle of parliamentary sovereignty . Nonetheless, the Constitution Act describes the monarch as the " Sovereign ". In many areas, the Crown possesses a body of powers known as the royal prerogative . For example, the Royal Assent (the monarch's approval) is required to enact laws and the royal sign-manual gives authority to letters patent and orders in council . The royal prerogative also includes summoning and dissolving
2397-770: The signing of the Treaty of Waitangi was the Charter for Erecting the Colony of New Zealand of 1840. New Zealand was granted colonial self-government in 1853 following the New Zealand Constitution Act 1852 , which was an act of the Parliament of the United Kingdom . Governments were set up at both central and provincial level, with initially six provinces. The provinces were abolished by
2448-579: The three traditional branches of government—namely, the executive branch , legislative branch (the King-in-Parliament and House of Representatives ) and judicial branch (the Supreme Court and subordinate courts). Each branch operates independently of the others in an arrangement described as " separation of powers ". More commonly, the term is used to refer specifically to the executive branch. The largest party or coalition in
2499-409: Was a sub-ordinate office to the attorney-general. New Zealand has had its own attorney-general since 1841. The position of solicitor-general was not established until 1867 and was initially a political office as it currently is in England. In 1875, the office became a permanent government position, with Walter Scott Reid as the first non-political solicitor-general. He remained in the position for
2550-559: Was formed in 1907. When John W Salmond became solicitor-general in 1910, all Crown legal work and the conduct of criminal prosecutions in Wellington became the responsibility of the Crown Law Office. The Law Drafting Office ceased to be the responsibility of the solicitor-general in 1918 when it was given statutory recognition and became what is now known as the Parliamentary Counsel Office. The main purpose of
2601-459: 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
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