-
Introduction
Page5.1 This chapter covers: Cabinet and Cabinet committees; the main principles and procedures governing decision-making by Ministers in the Cabinet and Cabinet committee system; the roles of the Secretary of the Cabinet and the Cabinet...
-
Cabinet
Page5.2 Cabinet is the central decision-making body of executive government. It is a collective forum for Ministers to decide significant government issues and to keep colleagues informed of matters of public interest and controversy. 5.3 Cabinet is...
-
Cabinet committees
Page5.6 Cabinet committees provide the forum for detailed consideration and discussion of issues before their reference to Cabinet, with officials available to assist Ministers if the committee wishes. Almost all matters are considered first by one or more...
-
Principles of Cabinet decision-making
PageItems for consideration by Cabinet 5.11 As a general rule, Ministers should put before their colleagues the sorts of issues on which they themselves would wish to be consulted. Ministers should keep their colleagues informed about matters of public...
-
Cabinet and Cabinet committee procedures
PagePreparing and submitting Cabinet papers 5.39 Papers are submitted to Cabinet committees and Cabinet to enable Ministers to make collective decisions based on sound information and analysis. Good papers reflect robust policy development and...
-
Secretary of the Cabinet and the Cabinet Office
Page5.83 The Cabinet Office is a government secretariat, providing continuity and impartial support for operations at the centre of government. The Cabinet Office is a unit within the Department of the Prime Minister and Cabinet, headed by the Secretary of...
-
6. Elections, Transitions, and Government Formation
Page -
Introduction
Page6.1 This chapter describes the principles and procedures that apply to elections, transitions, and government formation. It covers: the electoral cycle and its impact on government decision-making; the principles and procedures that apply...
-
The electoral cycle
PageGeneral 6.2 The term of Parliament in New Zealand is three years from the date fixed for the return of the writs issued for the previous general election (see section 17 of the Constitution Act 1986). Parliament may, however, be dissolved before the...
-
Transitions following an election
PageGeneral 6.16 The formation of a government following a general election is the usual process by which executive power is transferred from one government administration to another. For information on mid-term changes of government, see paragraphs 6.58...
-
Caretaker convention
PageGeneral 6.21 On occasion, it is necessary for a government to remain in office for a period on an interim basis, when it has lost the confidence of the House, or (after an election) until a new ministry is appointed following the government formation...
-
Government formation
PageGeneral 6.41 The process of government formation occurs most commonly following an election, but may be necessary if the government loses the confidence of the House mid-term. The principles and processes set out in paragraphs 6.42 – 6.47 apply in...
-
Mid-term transitions
PageGeneral 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...
-
Early election
Page6.62 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....
-
Provision of information by the state sector during transitions
Page6.65 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. The Executive, Legislation, and the House
Page -
Introduction
Page7.1 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...
-
Speech from the Throne
Page7.3 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...
-
Prime Minister's statement
Page7.5 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...
-
Government legislation programme
PagePurpose 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...
-
Revision Bills
Page7.16 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....
-
Law Commission work programme
Page7.19 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...
-
Development and approval of bills
PageFrom 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...
-
Regulations
PageAuthority 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...
-
Ministers and the House
Page7.102 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...
-
Ministers and select committees
PageGeneral 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,...
-
Parliamentary treaty examination
PageGeneral 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...
-
Crown's financial veto
Page7.134 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...
-
Citizens initiated referenda
Page7.137 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. Official Information and Public Records
Page -
Introduction
Page8.1 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...
-
Information held by government
Page8.2 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...
-
Official Information Act 1982
PagePurpose 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...
-
Privacy Act 1993
PagePurpose 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...
-
Ombudsmen Act 1975
Page8.78 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...
-
Providing information to select committees
Page8.82 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...