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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...
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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....
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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...
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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...
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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...
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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...
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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,...
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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...
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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...
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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...
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8. Official Information and Public Records
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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...
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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...
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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...
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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...
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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...
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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...
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Production or discovery of official documents in legal proceedings
Page8.86 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...
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Requests for parliamentary information
Page8.90 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...
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Ministers and Public Records
Page8.92 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,...
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Disclosure and use of official information by former Ministers
Page8.120 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...
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Convention on access to Cabinet records of a previous administration
PageGeneral 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...
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Appendix: Letters Patent Constituting the Office of Governor-General of New Zealand 1983
PageAs 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...
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Index
PageA 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...
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Related Information
PageRelated 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...
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Related Information
PageRelated 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...
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Related Information
PageRelated 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...
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Related Information
PageRelated 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-...
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Related Information
PageRelated 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...
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Related Information
PageRelated information Speeches concerning the Governor-General's role during transitions and government formation are available on the Governor-General's website, www.gg.govt.nz. Detailed guidance for public servants during elections can be found on...
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Related Information
PageRelated information Information about the Law Commission and its work programme is on its website, www.lawcom.govt.nz. The Legislation Design and Advisory Committee Guidelines on Process and Content of Legislation can be found on its website,...
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Related Information
PageRelated information The Protective Security Requirements set out the Government's expectations for managing personnel, physical, and information security. They set out what agencies must consider to ensure that they are managing protective security...
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Publication information
PagePublished in 2017 by the Cabinet Office, Department of the Prime Minister and Cabinet, Parliament Buildings, Wellington, New Zealand © Crown Copyright This work is licensed under the Creative Commons Attribution 4.0 International licence. In essence,...
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Exploration
PageStart Right Exploration lets you identify and confirm the most important dimensions of a policy project at the start, to assist with scoping, focus, direction and project efficiency. It is also known as policy analysis, policy scoping or...
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Role play
PageRole play helps you understand and prepare for a situation by acting out a scenario with fictional personas. On this page: Why you should use it What it involves What you will get out of it Ideal circumstances for use Limitations...
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Prototyping
PagePrototyping helps you to build ideas for policy options by testing a model and refining it through active user participation. On this page: Why you should use it What it involves What you will get out of it Ideal circumstances for use...