Elections

Introduction

While the government continues to operate both before and after the election, certain constitutional restraints limit what Ministers and departments can do during this period. This page provides general information about these restraints. It also describes the process of forming and appointing a government following the election, and the resumption of government business.

A summary of the main points of this page can be downloaded here [pdf file 23KB] and is set out at the end of this page.

If you have any queries about this information, you might like to read chapter 6 of the Cabinet Manual, on which this page is largely based. Other sources of information are listed below.

Otherwise, the Cabinet Office is available to answer any questions you may have: contact us.

For information about the electoral process, including significant dates during the election period and how to enrol and vote, see the website of the electoral agencies (the Electoral Commission and the Electoral Enrolment Centre) at www.elections.org.nz.

Before the Election

Is there a limit on what a government can do before an election?

Ministers have full authority to exercise their ministerial responsibilities right up until the day of the election.  Successive governments have, however, traditionally chosen to exercise some restraint in two areas in the three months before an election: making significant appointments, and government advertising.

Unlike some other jurisdictions, including Australia, the caretaker convention does not apply in the pre-election period in New Zealand.

Paragraph 6.9 of the Cabinet Manual discusses the pre-election period in more detail.

Can coalition and support parties talk about their own policies before an election?

The principle of “collective responsibility” underpins the system of Cabinet government. The principle provides that once Cabinet makes a decision, Ministers must support it, regardless of their personal views.  Agree to disagree processes may, however, be used in relation to different party positions.  In addition, Ministers outside Cabinet from parliamentary parties supporting the government may be bound by collective responsibility only in relation to their particular portfolios. 

Collective responsibility continues to apply in the pre-election period.  During an election campaign Ministers from all parties represented in the government may promote their own party's policies.

Paragraphs 5.22-5.27 of the Cabinet Manual discuss collective responsibility in more detail.

After the Election

Who is in charge after the election and what can they do?

During the government formation process, the current government remains in office, as it is still the lawful executive authority, with all the powers and responsibilities that go with executive office. Traditionally, governments have nonetheless constrained their actions until the political situation is resolved, in accordance with what is known as the “convention on caretaker government”. 

What can a caretaker government do?

The actions that a caretaker government can take will depend on the unofficial results on election night:

• If it is clear who will form the next government, but they have not yet taken office the existing government should undertake no new policy initiatives, and should act on the advice of the incoming government on any matter of importance that cannot be delayed.
• If it is not clear who will form the next government, the normal business of government continues. Any matters requiring significant decisions should be deferred, or handled by way of a holding arrangement.  If neither of these options is possible, decisions should be made only after consultation with other parties.

Governments operated in caretaker mode in 1993, 1996 (for 9 weeks), 1999 (for 2 weeks), 2002 (for 2 weeks), 2005 (for 4 weeks), and 2008 (for 11 days).

Paragraphs 6.16-6.35 of the Cabinet Manual describe in more detail how the caretaker convention affects decision-making by Ministers and departments.

How is a government formed after an election?

Government formation negotiations

Under New Zealand’s proportional representation electoral system (MMP), it is likely that following an election two or more parties will negotiate coalition or support agreements so that a government can be formed that can command the support of the majority in the House of Representatives.  Negotiations between political parties are unlikely to be necessary if a single party can command a majority of the votes in the House.

Paragraphs 6.36-6.42 of the Cabinet Manual discuss the principles and process of government formation in more detail.

When do the government formation negotiations have to be finalised?

Parties are likely to be under political pressure to produce a result from negotiations relatively quickly.  The resumption of Parliament, which is required to meet by 27 January 2012, provides a reference point for negotiating parties.  If negotiations have not been successful by the time Parliament has been summoned to meet, a confidence vote can be called during the Address in Reply debate.  In the unlikely event that the confidence vote fails to resolve the situation, another election may be called.

Parliament has issued a Fact Sheet on Parliament and the general election, which includes information about the Address in Reply debate and the resumption of parliamentary business.

What is in coalition and support agreements?

The content, format, and detail of coalition agreements and support agreements have varied considerably. Regardless of the level of detail, most have three key elements: policy, process, and people. The balance between the three elements and the level of detail will vary depending on the parties, the issues, and the context. Since the introduction of MMP in New Zealand, the agreements have always been made publicly available.

What is the Governor-General’s role in government formation?

Although the Governor-General formally appoints the Prime Minister and other Ministers, he or she does not participate in government formation negotiations.  The formation of a government is a political decision and must be arrived at by politicians. The Governor-General’s task is to ascertain where the support of the House of Representatives lies, and to appoint a government accordingly.  In doing so, the Governor-General will rely on public statements by the political parties. 

For example, two or more party leaders might state publicly that they are forming a majority government by entering into a coalition agreement.  Or, party leaders might announce that a minority government will govern with support from another party or parties on crucial confidence and supply votes in the House.

The Clerk of the Executive Council provides impartial support to the Governor-General, including liaising with party leaders as required.  The Governor-General reserves the right to talk to party leaders if there appears to be no clear outcome from the negotiations, although that has never been necessary in the past.

Paragraphs 6.39-6.41 of the Cabinet Manual discuss the role of the Governor-General and the Clerk of the Executive Council during government formation negotiations in more detail.

What is the role of the State sector during government formation negotiations?

The State sector continues to serve the caretaker government during the government formation period. Negotiating parties may, however, seek access to information from the State sector for the purposes of the negotiations.  The State Services Commissioner has produced 2011 guidance on the process to be followed by negotiating parties and State servants in this situation.  The guidance is intended to ensure that the neutrality of the State sector is protected.  The State Services Commissioner is the central point of contact for information requests.  

During this period, the Clerk of the Executive Council provides impartial support to the Governor General, including liaison with party leaders on behalf of the Governor General.  This contact with the party leaders takes places separately from the State Services Commissioner’s processes for providing information on policy issues.

Paragraphs 6.36-6.42 of the Cabinet Manual discuss the principles and processes of government formation in more detail.

Appointment of the Prime Minister and Ministers

How does the Governor-General decide who to appoint as Prime Minister and as Ministers?

The Prime Minister is appointed by the Governor-General.  In making this appointment the Governor-General acts, by convention, on the outcome of the election and subsequent government formation negotiations between the political parties represented in the House of Representatives.  The Governor-General will therefore appoint as Prime Minister the person that politicians have decided will lead the government.

The Governor-General also appoints Ministers, on the advice of the Prime Minister.  The Prime Minister and Ministers must be members of Parliament. 

Paragraph 2.2 of the Cabinet Manual describes the appointment of the Prime Minister in more detail.  

Paragraphs 2.15-2.17 of the Cabinet Manual describe the appointment of Ministers in more detail.

Who decides the role of each Minister?

The Prime Minister assigns each Minister a “portfolio” of responsibilities, and determines the title and scope of each portfolio.

Paragraphs 2.7 and 2.8 of the Cabinet Manual provide more detail about the scope and allocation of portfolios.

The current list of portfolios is here on the Cabinet Office website.

Appointment ceremony

A full appointment ceremony is held when a government is formed after an election, even when the composition of the government has not greatly changed.  The ceremony formally marks the formation and commencement of the new administration and marks the end of the caretaker period.

See paragraph 6.46 of the Cabinet Manual.

Transition and resumption of government business

The appointment ceremony should take place fairly quickly after the Governor-General is satisfied which party or group of parties is able to command the confidence of the House.  To allow ministerial portfolios to be allocated or reassigned, there is likely to be a period of days between the indication that a government can be formed and the point at which Ministers are named and formally appointed.  Normal government business may resume as soon as Ministers are appointed.

Other sources of information

The Electoral Act 1993 sets out how an election is carried out under New Zealand’s mixed member proportional system.

The Constitution Act 1986 describes many of the powers and functions of the Head of State and the three branches of government: the Executive, the Legislature, and the Judiciary.

Introduction to the Cabinet Manual: “On the Constitution of New Zealand: An Introduction to the Foundations of the Current Form of Government”

Chapter 1 of the Cabinet Manual: “Governor-General and Executive Council”

Chapter 2 of the Cabinet Manual: “Ministers of the Crown: appointment and role”

Chapter 5 of the Cabinet Manual: “Cabinet decision-making”

Chapter 6 of the Cabinet Manual: “Elections, transitions, and government formation”

Cabinet Office circulars:

Government Decisions and Actions in the Pre-Election Period, Cabinet Office circular CO (11) 2

Management of Parliamentary Business after the Dissolution of Parliament, Cabinet Office circular CO (11) 4

Constitutional Procedures After the Election, Cabinet Office circular CO (11) 5 

State Services Commission guidance for public servants during the election period:

State Servants, Political Parties and Elections: Guidance for the 2011 Election Period

General Election 2011: Questions and Answers for State Servants [pdf file 240 KB]

General Election 2011: Fact Sheet for State Servants [pdf file 238 KB]

Negotiations Between Political Parties to Form a Government: Guidelines on Support from the Sate Sector 

THE OPERATION OF GOVERNMENT DURING THE ELECTION PERIOD:
SUMMMARY OF PRINCIPLES

The Cabinet Office is available for advice on the way these principles affect what Ministers and departments can do during the election period, particularly on decision-making and the implementation of decisions taken before the election. 

The State Services Commission is available for advice on political neutrality and the role of state servants during the election period.