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General 6.54 Some transitions between administrations may occur during the electoral term. There may be a transition to a new Prime Minister, or to a new governing party or coalition. The guidance in paragraphs 6.55 – 6.61 sets out the established...

6.62 As the Governor-General’s principal adviser, the Prime Minister may advise the Governor-General to dissolve Parliament and call an election (see paragraphs 2.4 and 2.6). Usually this advice will be timed in accordance with the electoral cycle....

6.65 The neutrality of the public service and other agencies in the state sector must be protected throughout the pre-election period and the government formation process. 6.66 Before and after an election, the incumbent Ministers should ensure that...

7.1 This chapter provides an overview of the main principles and procedures concerning the development of government legislation (Acts of Parliament and regulations—that is, primary and secondary legislation) at the executive level. The chapter covers...

7.3 The first formal opportunity for a government to outline its legislative intentions is the delivery of the Speech from the Throne. The Speech from the Throne is given by the Governor-General or the Sovereign (if in New Zealand) on the second...

7.5 In most years the Prime Minister presents a statement to the House on the first sitting day. This statement is to review public affairs and to outline the government’s legislative and other policy intentions for the next 12 months (see the section...

Purpose of the legislation programme 7.6 The legislation programme provides an annual framework within which priorities are established for preparing, and managing the progress of, the government’s proposed legislation. 7.7 The programme arranges...

7.16 The Legislation Act 2012 introduced a mechanism for systematically revising the presentation of some New Zealand statutes to make them more accessible. After being revised, they are introduced as revision bills into Parliament for re-enactment....

7.19 The Law Commission is an independent Crown entity established by statute to undertake the systematic review, reform, and development of the law of New Zealand. Projects for the Law Commission may be proposed by any Minister or by the Law...

From policy to enactment 7.22 The development of legislation is a complex and time-consuming process requiring careful planning and coordination. The basic process for developing government legislation can be summarised as follows: decision...

Authority to make regulations 7.82 In general, the principles and policies of the law are set out in Acts of Parliament. Parliament can delegate power to the Executive to make some laws, in the form of regulations. Regulations usually deal with...

7.102 In addition to its legislative function, another key role of the House of Representatives is scrutiny of the Executive. Much of this scrutiny, such as consideration of the Estimates, takes place in select committees (see paragraphs 7.108 – 7.122...

General 7.108 The Standing Orders provide for select committees to be appointed to consider legislation and other business. Select committees play an important role in the House's functions of scrutinising the Executive and holding it to account,...

General 7.123 In New Zealand, the power to conclude treaties rests with the Executive. Any proposal to sign a treaty or to take binding treaty action must be submitted to Cabinet for approval (see paragraphs 5.77 - 5.81). 7.124 Before the...

7.134 All members of Parliament can propose legislation or amendments to legislation that involve an increase or decrease in expenditure or taxation. They also have the power to move amendments to Votes in the Estimates. The Standing Orders give the...

7.137 The Citizens Initiated Referenda Act 1993 establishes a process that allows persons or organisations to initiate a non-binding national referendum on a subject of their choice, if 10 percent of registered voters sign a petition in support of the...

8.1 This chapter provides guidance about the protection, availability, use, and disclosure of information held by government. The chapter covers: the status of information held by government and when it may be disclosed; the key aspects of...

8.2 The government holds a large quantity of information of all kinds. The law governing the creation, collection, storage, and use of this information is set out mainly in the Public Records Act 2005 and the Privacy Act 1993. These Acts, together with...

Purpose of the Act 8.20 The Official Information Act balances the Act's purpose of progressively increasing the availability of official information against the need to protect official information to the extent consistent with the public interest...

Purpose of the Act 8.66 The purpose of the Privacy Act 1993 is to promote and protect individual privacy, and in particular to establish principles on: collection, use, and disclosure of information relating to individuals; and...

8.78 Under the Ombudsmen Act, Ombudsmen can investigate conduct by a department or organisation (central or local government) that relates to a matter of administration affecting any person in a personal capacity. They cannot investigate the decisions...

8.82 Ministers and officials interact with select committees as part of ministerial accountability to the House. Select committees have the right to request information from Ministers or departments under the Standing Orders (see the section entitled...

8.86 Official documents, including Cabinet records, may be relevant to legal proceedings. If so they are likely to be included in the discovery process and may be produced in court. 8.87 When the discovery or production of official papers is sought...

8.90 Requests under the Official Information Act for documents relating to parliamentary proceedings may be refused if releasing the document would amount to a contempt of the House (section 18(c)(ii)). Most documents relating to parliamentary...

8.92 The Public Records Act 2005 establishes a regulatory framework for information and records management throughout the public sector. “Public records” for the purposes of the Public Records Act are records (information that is compiled, recorded,...

8.120 Former Ministers should not disclose official information dating from their time in office. 8.121 Former Ministers may wish to publish memoirs, articles, or other material that relates to their time in office. The free flow of advice and...

General 8.124 The convention on access to documents of a previous administration allows Ministers of the current government to consult the Cabinet records of a previous government on a confidential basis. It also gives former Ministers ongoing access...

As amended in 1987 and 2006     Letters Patent Constituting the Office of Governor-General of New Zealand (SR 1983/225)     ELIZABETH THE SECOND, by the Grace of God Queen of...

A B C D E F G H I J L M N O P Q R S T V W 28-day rule 7.96-7.99 A accountability documents 3.15 statutory inquiries 4.110 Acting Attorney-General 4.11 acting Ministers 2.41-2.45 Acting Prime Minister 2.13-2.14, 2.41 Administrator...

Related information The Letters Patent Constituting the Office of Governor-General of New Zealand 1983, incorporating the 1986 and 2006 amendments, are in the appendix. Information about the office of Governor-General, including background...

Related information Information on the composition of the current ministry and the scope of ministerial portfolios can be found on the Cabinet Office section of the Department of the Prime Minister and Cabinet's website,www.dpmc.govt.nz/cabinet-office...

Related information Information on Cabinet and Cabinet committee processes is set out in the CabGuide, www.dpmc.govt.nz/cabguide. Information on standards of integrity and conduct, political neutrality, briefings for incoming Ministers, contact...

Related information CO (16) 2 Cabinet Directions for the Conduct of Crown Legal Business 2016, CO (14) 4 Attorney-General's Protocol for Release of Draft Government Legislation outside the Crown [replaced from April 2019 by CO (19) 2 Attorney-...

Related information Information about the membership and terms of reference of Cabinet committees, any coalition or support arrangements, and Cabinet Office circulars are available on the website of the Department of the Prime Minister and Cabinet, at...