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3.1 This chapter covers: the relationship between Ministers and the various organisations making up the public service, the state services, and the state sector; the standards of integrity and conduct expected throughout the state sector...

Public service 3.3 “Public service” is the term used to describe all public service departments listed in Schedule 1 of the State Sector Act 1988, and any departmental agencies listed in Schedule 1A of that Act. The public service is part of the...

3.6The formal relationship between Ministers and the public service is governed primarily by the State Sector Act and the Public Finance Act. The relationship is also governed by convention, key aspects of which are set out in this chapter. Roles and...

General 3.35 Crown entities are legal entities in their own right. A decision to assign a government activity or function to a Crown entity indicates that the function should be carried out at “arm’s length” from the government. As reflected in the...

General principles 3.51 The relationship between Ministers and companies in the state sector differs from the relationship between Ministers and agencies in the state services. Although the nature of the relationship with a particular company will...

Principles of public service 3.57 Employees in the state sector must act with a spirit of service to the community and meet high standards of integrity and conduct in everything they do. In particular, officials must be fair, impartial, responsible,...

4.1 This chapter covers: the role of the Attorney-General, including the law officer role; the relationship between Ministers and the judiciary; litigation involving Ministers, including judicial review and proceedings taken by or...

General 4.2 The Attorney-General is the principal legal adviser (the “senior law officer”) to the government. The Attorney-General is a Minister and almost always a member of Cabinet. In Cabinet and Cabinet committee meetings, the Attorney-General...

4.12 The separation of the Executive and the judiciary under New Zealand’s system of government means that Ministers must exercise judgement before commenting on judicial decisions, whether generally, or in relation to the specifics of an individual...

4.17 CO (16) 2 Cabinet Directions for the Conduct of Crown Legal Business is available on the Department of the Prime Minister and Cabinet's website. These directions set out the processes to be followed when: Ministers seek legal advice or...

Judicial review 4.19 “Judicial review” is the review by a judge of the High Court of any exercise of, or non-exercise of, a decision-making power in order to determine whether or not the decision was lawful or valid. Most formal decisions taken by...

General 4.62 Legal advice in departmental documents and Cabinet papers should be protected from disclosure in a manner consistent with the law. The guidance in paragraphs 4.63 – 4.72 sets out the required approach to the release of legal advice....

General 4.74 This guidance provides information on the different types of inquiry, and the principles that apply to their establishment. 4.75Statutory inquiries, non-statutory ministerial inquiries, and standing statutory bodies with powers of...

5.1 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...

5.2 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...

5.6 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...

Items 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...

Preparing 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...

5.83 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...

6.1 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...

General 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...

General 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...

General 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...

General 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...

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....