Skip to main content Skip to navigation
Back to top anchor
Home Department of the Prime Minister and Cabinet (DPMC)
Page url
  • Events
  • Media
  • Contact us
  • Home
Open search Close search
  • Contact us
    • How to make an Official Information Act request
      • Tips for requesting information
      • Guidance on how we will respond
  • About DPMC
    • Who we are
      • Our purpose
      • Our strategic intentions
      • How we deliver
    • Our work
      • Supporting the Prime Minister and Cabinet
      • Supporting the Governor-General
      • Other roles and responsibilities
    • Our history
      • Business units and programmes
    • Careers
  • Our business units
    • Cabinet Office
      • Roles and responsibilities
        • Statutory and formal responsibilities
      • Supporting the work of the Cabinet
        • Cabinet Committees
        • Elections
        • Cabinet Manual
          • Publication information
          • Foreword
          • Preface
          • Introduction
          • 1. Sovereign, Governor-General, and Executive Council
            • Introduction
            • Sovereign of New Zealand
            • Governor-General
            • Executive Council
            • Clerk of the Executive Council
            • Meetings of Executive Council
            • Gazetting and entry into force
            • Announcement
            • New Zealand Royal Honours System
            • Heraldry
            • Order of Precedence
            • Related Information
          • 2. Ministers of the Crown: Appointment, Role, and Conduct
            • Introduction
            • Prime Minister
            • Deputy Prime Minister
            • Ministers
            • Parliamentary Under-Secretaries
            • Parliamentary Private Secretaries
            • Conduct, public duty, and personal interests
            • Interactions with representatives from non-government or commercial organisations
            • Personal email accounts and phone numbers
            • Gifts and awards
            • Speaking engagements, endorsements, and non-ministerial activities
            • Government advertising and publicity guidelines
            • Ministerial travel
            • Related Information
          • 3. Ministers of the Crown and the Public Sector
            • Introduction
            • The public service and the public sector
            • Ministers and the public service
            • Ministers and Crown entities
            • Ministers and companies in the public sector
            • Integrity and conduct throughout the public sector
            • Related Information
          • 4. Ministers, the Law, and Inquiries
            • Introduction
            • Attorney-General
            • Comment by Ministers on judicial decisions
            • Crown legal business
            • Litigation involving Ministers
            • Legal advice and legal professional privilege
            • Inquiries
            • Related Information
          • 5. Cabinet Decision-making
            • Introduction
            • Cabinet
            • Cabinet committees
            • Principles of Cabinet decision-making
            • Cabinet and Cabinet committee procedures
            • Secretary of the Cabinet and the Cabinet Office
            • Related Information
          • 6. Elections, Transitions, and Government Formation
            • Introduction
            • The electoral cycle
            • Transitions following an election
            • Caretaker convention
            • Government formation
            • Mid-term transitions
            • Early election
            • Provision of information by the state sector during transitions
            • Related Information
          • 7. The Executive, Legislation, and the House
            • Introduction
            • Speech from the Throne
            • Prime Minister's statement
            • Government legislation programme
            • Revision Bills
            • Law Commission work programme
            • Development and approval of bills
            • Secondary legislation
            • Ministers and the House
            • Ministers and select committees
            • Parliamentary treaty examination
            • Crown's financial veto
            • Citizens initiated referenda
            • Declarations of inconsistency
            • Related information
            • Related information
          • 8. Official Information and Public Records
            • Introduction
            • Information held by government
            • Official Information Act 1982
            • Privacy Act 1993
            • Ombudsmen Act 1975
            • Providing information to select committees
            • Production or discovery of official documents
            • Requests for parliamentary information
            • Ministers and Public Records
            • Disclosure and use of official information by former Ministers
            • Convention on access to Cabinet records of a previous administration
            • Related Information
          • Appendix A: The Treaty of Waitangi/Te Tiriti o Waitangi
          • Appendix B: Letters Patent Constituting the Office of Governor-General of New Zealand 1983
          • Index
        • History of the Cabinet Manual
      • Ministers and their portfolios
        • Ministerial List
        • Ministerial portfolios
          • Briefings to incoming ministers (BIMs)
          • Directory of Ministerial portfolios
        • Register of Assigned Legislation
        • Delegations
        • Ministers' interests
          • Ministers' interests 2020-2021
          • Ministers' Interests 2019-2020
          • Ministers' Interests 2018-2019
          • Ministers' interests 2017-2018
          • Ministers' interests 2016-2017
          • Ministers' interests 2015-2016
          • Ministers' interests 2014-2015
          • Ministers' interests 2013-2014
          • Ministers' interests 2012-2013
      • Executive Council
      • The Honours Unit
    • National Security Group
      • National Security Systems
      • National Assessments Bureau
        • Working for the National Assessments Bureau
      • National Security Policy
        • National Cyber Policy Office
      • National Intelligence and Risk Coordination
      • National Security Workforce
    • Policy Advisory Group
      • Roles and responsibilities
    • Implementation Unit
      • Latest news and updates
    • Strategy, Governance and Engagement Group
    • Child Wellbeing and Poverty Reduction Group
    • COVID-19 Group
    • Government House
    • All of Government COVID-19 Royal Commission of Inquiry
    • Cyclone Recovery Unit
      • Cyclone Recovery Funds and Schemes for people in Affected Regions
  • Departmental agency
    • NEMA
      • Hurunui/Kaikōura Earthquakes Recovery Act 2016
      • Ministerial Review: Better Responses to Natural Disasters and Other Emergencies in New Zealand
  • Our programmes
    • New Zealand Royal Honours
      • Make a nomination
        • Nominations for Honours
        • New Zealand Royal Honours nomination guidelines
        • Nomination Form and Guide to making Nominations
        • Bravery Award Nominations
        • The New Zealand Antarctic Medal: Nomination Guidelines
      • Honours lists and recipients
        • Honours lists
          • Current Members of the Order of New Zealand
          • Knights and Dames of the New Zealand Order of Merit
          • Knights and Dames of the Orders of Chivalry
          • The New Zealand Gallantry Awards
          • The New Zealand Bravery Awards
          • The New Zealand Antarctic Medal
          • The Privy Council
        • Titles and styles of knights and dames
        • Wearing of insignia
          • Order of wear: orders, decorations and medals in New Zealand
          • Method of mounting insignia
      • The New Zealand Royal Honours system
        • Overview of the New Zealand Royal Honours system
        • Forfeiture of Honours
        • History
        • Components of the New Zealand Royal Honours system
          • The Order of New Zealand
          • The New Zealand Order of Merit
          • The Queen's Service Order
          • Gallantry and Bravery Awards
            • New Zealand Gallantry Awards
            • New Zealand Bravery Awards
          • The New Zealand Antarctic Medal
          • The New Zealand Distinguished Service Decoration
          • Other distinctive New Zealand Honours
          • "The Right Honourable"
            • The Right Honourable in New Zealand
          • "The Honourable"
            • Roll of The Honourables
          • Privy Council
        • Order of Wear
        • Rules relating to the acceptance and wearing of Foreign Honours
        • New Zealand Herald of Arms Extraordinary
      • New Zealand Royal Honours Image Gallery
      • New Zealand Royal Honours FAQs
    • The Policy Project
      • About the Policy Project
      • How the Policy Project can help you
      • Policy improvement frameworks
        • Policy quality
        • Policy skills
          • Development Pathways
            • Use the tool
            • How we developed the Tool
        • Policy capability
      • Policy Methods Toolbox
        • Start Right
          • Commissioning Conversations
          • Exploration
          • Green Light
        • Design thinking
          • Journey mapping
          • Role play
          • Prototyping
          • Experience interviews
          • Personas
        • Behavioural insights
          • Behavioural Change Models
        • Community engagement
          • Citizen juries
        • Futures thinking
          • Mythbusters
          • Horizon Scanning
          • Assumption Testing
          • Futures Wheel
          • Scenarios
          • Wind Tunnelling
          • Backcasting
        • Treaty of Waitangi analysis
      • Long-term Insights Briefings
      • Policy advice themes
        • Commissioning a policy project
        • Communicating policy advice
        • Engagement
        • Evidence and evaluation
        • Free and frank advice
        • Innovation
        • Policy and law
        • Stewardship
      • Case studies
        • Inland Revenue Case Study
        • Ministry of Transport Case Study
        • Land Information New Zealand Case Study
      • Policy community
        • Policy system leadership
          • Head of the Policy Profession
          • The Policy Profession Board
          • Tier 2 Policy Leaders' Network
          • Policy capability leads
        • Policy managers
        • Policy practitioners
        • Ways to connect to the policy community
          • The New Zealand community
          • The international community
        • Open Government Partnership
      • Progress and performance
      • Publications
      • Policy community events
      • Blog
      • Navigator
    • Greater Christchurch recovery and regeneration
      • Greater Christchurch Group
        • Roles and responsibilities
          • Disestablishment of CERA
        • External websites
      • The Greater Christchurch Regeneration Act 2016
      • Our regeneration partners
      • Global Settlement Agreement with Christchurch City Council
      • Recovery and regeneration plans
        • Cranford Regeneration Plan
        • Ōtākaro Avon River Corridor Regeneration Plan
        • Lyttelton Port Recovery Plan
        • Residential Red Zone Offer Recovery Plan
        • Land Use Recovery Plan
        • Christchurch Central Recovery Plan
      • Section 71 proposals
        • Commercial film or video production facilities in Christchurch – Section 71 Proposal
        • Hagley Oval
        • Lyttelton Commercial Zone Parking
        • Yaldhurst Recreation and Sports Facility
        • Residential Unit Overlay District Plan Changes
        • Redcliffs School relocation
      • Christ Church Cathedral Reinstatement Project
      • Past Orders in Council
    • National security
      • New Zealand’s national security community
        • The ODESC System during a crisis
          • ODESC
          • Watch Groups
          • Inter-agency Working Groups and Specialist Groups
      • National Risk Approach
        • New Zealand's Nationally Significant Risks
      • National Security Intelligence Priorities
      • Counter-terrorism
        • He Whenua Taurikura
          • He Whenua Taurikura Hui
            • He Whenua Taurikura Hui 2021
            • He Whenua Taurikura Hui 2022
            • He Whenua Taurikura Hui 2023
          • Master’s Scholarship
            • Master's Scholarship 2021/2022
            • Master's Scholarship FAQs
          • He Whenua Taurikura Co-Directors
        • New Zealand's Countering Terrorism and Violent Extremism Strategy
        • Preventing and Countering Violent Extremism Strategic Framework
        • Preventing and Countering Violent Extremism Fund
        • Terrorist and National Security Event Media Protocols
      • Countering foreign interference
      • Cyber Security Strategy
        • Cyber ransom advice
        • United Nations Cybercrime Treaty
          • We asked, you said, we did
      • Intelligence and Security Act 2017
        • 2022 Review of the Intelligence and Security Act 2017
        • Why did we need new legislation?
        • What is intelligence?
        • Defining national security
        • Bringing the agencies further into the public service
        • Powers and warrants
          • Activities allowed under intelligence warrants
          • The authorisation framework
          • Protections for New Zealanders
        • Strengthening oversight of NZSIS and GCSB
        • Whistleblowing and protecting classified information
        • Cover and immunities
          • Cover and assumed identity arrangements
          • Immunities from legal liabilities
        • Sharing information
          • Domestic information sharing
          • Arrangements with foreign partners
        • The National Assessments Bureau
        • Case studies
          • Counter-terrorism
          • Investigating a suspected terrorist
          • Counter-espionage
          • Cyber security in action
        • Resources
      • Strengthening resilience to disinformation
        • Multi-Stakeholder Group to strengthen resilience to disinformation
        • Fund for community-based initiatives to strengthen Aotearoa’s resilience to disinformation
        • Public Research and Insights into Disinformation
      • Aotearoa's National Security Strategy
      • National Security Long-term Insights Briefing
        • LTIB Topic Consultation Summary
        • 2022 National Security Survey Report
        • 2023 National Security Survey Report
      • Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain
        • The Government’s Response
        • Working with Communities - get involved
          • Kāpuia - Ministerial Advisory Group Nominations
        • Response Steering Group
        • Response Progress
        • Measuring Success
        • Improving Community Engagement
        • Key Documents
        • Get in touch
      • Five Country Ministerial
    • Child and youth wellbeing strategy
      • Publications and resources
    • Reducing child poverty
      • Formal gazetting of targets for reducing child poverty
    • Special programmes
      • Kāpuia – Ministerial Advisory Group
        • Advice from Kāpuia
        • Kāpuia feedback to agencies
        • Kāpuia Pānui
      • Severe Weather Events Recovery Review Panel releases
      • Health and Disability Review Transition Unit
      • COVID-19 Proactive Releases
      • Prime Minister's Chief Science Advisor archives
        • Archive
          • Professor Sir Peter Gluckman 2009-2011
          • Professor Sir Peter Gluckman 2011-2013
          • Professor Sir Peter Gluckman 2013-2015
          • Professor Sir Peter Gluckman 2015-2018
          • Professor Dame Juliet Gerrard 2018-2021
      • Historical Programmes
        • Inquiry into the EQC
        • Connect Smart
        • Canterbury Earthquake Recovery Learning and Legacy Programme
        • Ministerial Committee on Poverty
        • Flag consideration project
        • Christ Church Cathedral Working Group
        • Tackling methamphetamine
  • Publications
  • Browse all sections
  • Publications
  • News and notices
  • Annual reports
  • CabGuide
  • Cabinet Manual
  • Contact us
    • How to make an Official Information Act request
      • Tips for requesting information
      • Guidance on how we will respond
  • About DPMC
    • Who we are
      • Our purpose
      • Our strategic intentions
      • How we deliver
    • Our work
      • Supporting the Prime Minister and Cabinet
      • Supporting the Governor-General
      • Other roles and responsibilities
    • Our history
      • Business units and programmes
    • Careers
  • Our business units
    • Cabinet Office
      • Roles and responsibilities
        • Statutory and formal responsibilities
      • Supporting the work of the Cabinet
        • Cabinet Committees
        • Elections
        • Cabinet Manual
        • History of the Cabinet Manual
      • Ministers and their portfolios
        • Ministerial List
        • Ministerial portfolios
        • Register of Assigned Legislation
        • Delegations
        • Ministers' interests
      • Executive Council
      • The Honours Unit
    • National Security Group
      • National Security Systems
      • National Assessments Bureau
        • Working for the National Assessments Bureau
      • National Security Policy
        • National Cyber Policy Office
      • National Intelligence and Risk Coordination
      • National Security Workforce
    • Policy Advisory Group
      • Roles and responsibilities
    • Implementation Unit
      • Latest news and updates
    • Strategy, Governance and Engagement Group
    • Child Wellbeing and Poverty Reduction Group
    • COVID-19 Group
    • Government House
    • All of Government COVID-19 Royal Commission of Inquiry
    • Cyclone Recovery Unit
      • Cyclone Recovery Funds and Schemes for people in Affected Regions
  • Departmental agency
    • NEMA
      • Hurunui/Kaikōura Earthquakes Recovery Act 2016
      • Ministerial Review: Better Responses to Natural Disasters and Other Emergencies in New Zealand
  • Our programmes
    • New Zealand Royal Honours
      • Make a nomination
        • Nominations for Honours
        • New Zealand Royal Honours nomination guidelines
        • Nomination Form and Guide to making Nominations
        • Bravery Award Nominations
        • The New Zealand Antarctic Medal: Nomination Guidelines
      • Honours lists and recipients
        • Honours lists
        • Titles and styles of knights and dames
        • Wearing of insignia
      • The New Zealand Royal Honours system
        • Overview of the New Zealand Royal Honours system
        • Forfeiture of Honours
        • History
        • Components of the New Zealand Royal Honours system
        • Order of Wear
        • Rules relating to the acceptance and wearing of Foreign Honours
        • New Zealand Herald of Arms Extraordinary
      • New Zealand Royal Honours Image Gallery
      • New Zealand Royal Honours FAQs
    • The Policy Project
      • About the Policy Project
      • How the Policy Project can help you
      • Policy improvement frameworks
        • Policy quality
        • Policy skills
        • Policy capability
      • Policy Methods Toolbox
        • Start Right
        • Design thinking
        • Behavioural insights
        • Community engagement
        • Futures thinking
        • Treaty of Waitangi analysis
      • Long-term Insights Briefings
      • Policy advice themes
        • Commissioning a policy project
        • Communicating policy advice
        • Engagement
        • Evidence and evaluation
        • Free and frank advice
        • Innovation
        • Policy and law
        • Stewardship
      • Case studies
        • Inland Revenue Case Study
        • Ministry of Transport Case Study
        • Land Information New Zealand Case Study
      • Policy community
        • Policy system leadership
        • Policy managers
        • Policy practitioners
        • Ways to connect to the policy community
        • Open Government Partnership
      • Progress and performance
      • Publications
      • Policy community events
      • Blog
      • Navigator
    • Greater Christchurch recovery and regeneration
      • Greater Christchurch Group
        • Roles and responsibilities
        • External websites
      • The Greater Christchurch Regeneration Act 2016
      • Our regeneration partners
      • Global Settlement Agreement with Christchurch City Council
      • Recovery and regeneration plans
        • Cranford Regeneration Plan
        • Ōtākaro Avon River Corridor Regeneration Plan
        • Lyttelton Port Recovery Plan
        • Residential Red Zone Offer Recovery Plan
        • Land Use Recovery Plan
        • Christchurch Central Recovery Plan
      • Section 71 proposals
        • Commercial film or video production facilities in Christchurch – Section 71 Proposal
        • Hagley Oval
        • Lyttelton Commercial Zone Parking
        • Yaldhurst Recreation and Sports Facility
        • Residential Unit Overlay District Plan Changes
        • Redcliffs School relocation
      • Christ Church Cathedral Reinstatement Project
      • Past Orders in Council
    • National security
      • New Zealand’s national security community
        • The ODESC System during a crisis
      • National Risk Approach
        • New Zealand's Nationally Significant Risks
      • National Security Intelligence Priorities
      • Counter-terrorism
        • He Whenua Taurikura
        • New Zealand's Countering Terrorism and Violent Extremism Strategy
        • Preventing and Countering Violent Extremism Strategic Framework
        • Preventing and Countering Violent Extremism Fund
        • Terrorist and National Security Event Media Protocols
      • Countering foreign interference
      • Cyber Security Strategy
        • Cyber ransom advice
        • United Nations Cybercrime Treaty
      • Intelligence and Security Act 2017
        • 2022 Review of the Intelligence and Security Act 2017
        • Why did we need new legislation?
        • What is intelligence?
        • Defining national security
        • Bringing the agencies further into the public service
        • Powers and warrants
        • Strengthening oversight of NZSIS and GCSB
        • Whistleblowing and protecting classified information
        • Cover and immunities
        • Sharing information
        • The National Assessments Bureau
        • Case studies
        • Resources
      • Strengthening resilience to disinformation
        • Multi-Stakeholder Group to strengthen resilience to disinformation
        • Fund for community-based initiatives to strengthen Aotearoa’s resilience to disinformation
        • Public Research and Insights into Disinformation
      • Aotearoa's National Security Strategy
      • National Security Long-term Insights Briefing
        • LTIB Topic Consultation Summary
        • 2022 National Security Survey Report
        • 2023 National Security Survey Report
      • Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain
        • The Government’s Response
        • Working with Communities - get involved
        • Response Steering Group
        • Response Progress
        • Measuring Success
        • Improving Community Engagement
        • Key Documents
        • Get in touch
      • Five Country Ministerial
    • Child and youth wellbeing strategy
      • Publications and resources
    • Reducing child poverty
      • Formal gazetting of targets for reducing child poverty
    • Special programmes
      • Kāpuia – Ministerial Advisory Group
        • Advice from Kāpuia
        • Kāpuia feedback to agencies
        • Kāpuia Pānui
      • Severe Weather Events Recovery Review Panel releases
      • Health and Disability Review Transition Unit
      • COVID-19 Proactive Releases
      • Prime Minister's Chief Science Advisor archives
        • Archive
      • Historical Programmes
        • Inquiry into the EQC
        • Connect Smart
        • Canterbury Earthquake Recovery Learning and Legacy Programme
        • Ministerial Committee on Poverty
        • Flag consideration project
        • Christ Church Cathedral Working Group
        • Tackling methamphetamine
  • Publications
  • Browse all sections
  1. Home
  2. Publications
  3. CO (23) 10: Government Decision Making during the Period of Caretaker Government
Cabinet Office circular

CO (23) 10: Government Decision Making during the Period of Caretaker Government

Publication type:
Cabinet Office circular
Published by:
Cabinet Office
Part of:
Supporting Cabinet decision-making
Document (signed) date:
Monday, 16 October 2023
Issue date:
Monday, 16 October 2023
Version note:

Intended for:

  • All Ministers
  • All Chief Executives
  • Chief of Staff, Prime Minister's Office
  • All Senior Private Secretaries
  • Speaker of the House of Representatives
  • Chief Parliamentary Counsel
  • Controller and Auditor-General
  • Chief Ombudsman
  • Official Secretary, Government House
Additional details
Publication category:
Guidance,
Cabinet Office circular
Last updated:
Monday, 16 October 2023
Copyright:
© Crown Copyright, Creative Commons Attribution 4.0 International

Formats

  • CO (23) 10: Government Decision Making during the Period of Caretaker Government
    PDF
    195.93 KB

Introduction#

1 Following the general election on 14 October 2023, negotiations to form a government are expected to commence shortly.

2 In accordance with the convention on caretaker government, the Prime Minister has indicated that the incumbent government will govern in a caretaker capacity until the appointment of the new government.

3 The declaration of the official election results is expected by 2.00 pm on Friday 3 November, and the return of the writ and the declaration of successful list candidates by Thursday 9 November (or 4-5 days thereafter in the event of recounts).

4 This circular provides guidance for Ministers and public sector agencies[1] on:

4.1 the application of the caretaker convention;

4.2 taking decisions during the period of caretaker government;

4.3 consultation with political parties during this period;

4.4 Cabinet meetings;

4.5 guidance on support from the public sector for negotiating parties. 

5 The guidance in this circular supplements the information in Cabinet Office circular CO (23) 8 Constitutional Procedures after the Election, issued on 31 August 2023.

Note

  1. [1] For the purposes of this circular, “public sector” has the meaning in paragraph 3.5 of the Cabinet Manual 2023.

Application of caretaker convention#

6 Until the new government has been appointed, the incumbent government will operate in accordance with the caretaker convention.

Key principles#

7 The key principles of the caretaker convention, as applied during the government formation period, are as follows (see further paragraphs 6.21-6.40 of the Cabinet Manual):

7.1 there must always be Ministers in office to advise the Governor-General and to exercise the powers of executive government;

7.2 the normal business of government, and the day-to-day administration of departments and other agencies in the public sector, may continue as usual;

7.3 decisions taken before the start of the caretaker period may usually be implemented;

7.4 significant decisions, new policy, or changes to existing policy and actions with
long-term implications should, however, be deferred if possible;

7.5 if it is not possible to defer decisions of that nature, the government should handle matters using temporary or holding arrangements that do not commit the government in the longer term;

7.6 if neither deferral nor temporary arrangements are possible, the government should undertake the political consultation necessary to establish whether the proposed action has the support of a majority of the House of Representatives.

8 No hard and fast rules are possible.  Ministers and chief executives may need to take into account various considerations (including political considerations), both on whether it is appropriate or necessary to proceed on a matter, and how it should be handled.

9 The government formation negotiations are likely to result in agreements between parties, which will formalise the composition of the new government and the basis on which it will operate. 

10 The caretaker convention will continue to apply, in an amended form, between the conclusion of such agreements and the appointment of the new government (see paragraphs 6.29 and 6.30 of the Cabinet Manual on this “second arm” of the caretaker convention).  Further guidance will be issued about that at the appropriate point.

Ministers#

11 Ministers should consider the following:

11.1 during the caretaker period, matters may arise that would normally require a decision by a Minister or Cabinet.  To ascertain how the caretaker convention applies to the decision, Ministers may seek advice from their officials or from the Cabinet Office.  Ministers should discuss significant or difficult decisions concerning the caretaker convention with the Prime Minister and/or their ministerial colleagues;

11.2 in cases where any doubt arises as to the application of the caretaker convention, Ministers should consult the Prime Minister.  Final decisions concerning the caretaker convention rest with the Prime Minister.

Public sector agencies#

12 The day-to-day administration of public sector agencies should continue during the caretaker period.

13 Public service agencies should consider the following:

13.1 issues arising within public service agencies that have caretaker convention implications should be referred to the caretaker Minister, who will decide (in consultation, if appropriate, with ministerial colleagues and/or the Prime Minister) how the convention applies and how the decision should be handled;

13.2 public service agencies should be ready to provide advice to the Minister (if required), to assist the Minister in deciding on the application of the caretaker convention, and the options for handling the decision;

13.3 on rare occasions, caretaker convention issues may arise in relation to matters that, under statute, fall solely within the decision making authority of a chief executive or statutory officer.  Where appropriate, chief executives and statutory officers should observe the principles of the caretaker convention when making those decisions.

14 The statutory provisions governing decision-making within Crown entities, state-owned enterprises, and other public sector agencies impose different obligations from those applicable to decision-making within public service agencies and non-public service departments. However, Crown entities, state-owned enterprises, and other public sector agencies should apply the principles of the caretaker convention to decision-making during the caretaker period, as far as possible taking into account their legal obligations and statutory functions and duties. These agencies should discuss with their Ministers any issues with caretaker convention implications.

Consultation with political parties#

15 Where consultation with other political parties on matters of government business is required, it must be discussed in advance with the Prime Minister or Cabinet.  The Chief of Staff in the Prime Minister’s Office will co-ordinate any consultation with other political parties on government business during the period of caretaker government.

16 Officials should alert their Minister’s office at an early stage to any issue that may require such consultation.  Ministers’ offices should in turn notify the Chief of Staff in the Prime Minister’s Office.

Cabinet decision-making#

17 Cabinet has authorised a group of Ministers comprising the Prime Minister, the Deputy Prime Minister, Hon Kelvin Davis, Hon Grant Robertson, and the relevant portfolio Minister as appropriate, to have Power to Act to take decisions on any urgent matters arising that require Cabinet level decisions during the period of caretaker government [CAB-23-MIN-0429].  Any such decisions will be taken by the group of Ministers in the context of the caretaker convention.

18 The Cabinet Office should be advised of any issues that need to be considered by the group of Ministers with Power to Act during the caretaker period.

Guidance on support from public sector agencies#

19 The Public Service Commissioner manages any involvement by officials in providing information to negotiating parties during the government formation process, in accordance with the process set out in the Public Service Act 2020. 

20 Requests for information or support from the public sector by political parties involved in negotiations must be made to the Commissioner. Agencies should inform the Public Service Commissioner immediately if approached directly by political parties for information to support negotiations.

21 The Public Service Commissioner has set standards in relation to this process, entitled Standards for providing information to political parties during negotiations to form a government.  The standards are mandatory for public service agencies and functional Chief Executives.  However, all public sector agencies are expected to observe the standards when dealing with requests for information or analysis from political parties in the government formation negotiations, and to involve their monitoring department (where relevant).

Distribution of circular and further guidance#

22 Public Service chief executives should forward copies of this circular to the heads of relevant public sector agencies within their Ministers’ portfolios.

23 Further information on procedures during the government formation period is available as follows:

23.1 Chapter 6 of the Cabinet Manual, Elections, Transitions and Government Formation;

23.2 Cabinet Office Circular, Constitutional Procedures after the Election, CO (23) 8;

23.3 Standards for providing information to political parties during negotiations to form a government.

24 The Cabinet Office will issue further guidance as required during the government formation process.

 

Rachel Hayward
Secretary of the Cabinet and Clerk of the Executive Council

Enquiries:

Nicola Purvis, Deputy Secretary of the Cabinet (Constitutional and Honours)
Ph. (04) 831 4824
[email protected]

Rose Goss, Senior Legal and Constitutional Advisor
Ph. (04) 830 6435
[email protected]  

 

  • Previous
  • Next

Related content

Related internal URLs

  • Ministerial List
Sidebar anchor
View all on one page
Show content paged
Print this publication

Table of Contents

  1. Introduction
  2. Application of caretaker convention
    1. Key principles
    2. Ministers
    3. Public sector agencies
  3. Consultation with political parties
  4. Cabinet decision-making
  5. Guidance on support from public sector agencies
  6. Distribution of circular and further guidance

Related publications

CO (23) 11: Arrangements for transition to a new administration

Cabinet Office circular
24 Nov 2023

CO (23) 10: Government Decision Making during the Period of Caretaker Government

Cabinet Office circular
16 Oct 2023

CO (23) 9: Investment Management and Asset Performance in Departments and Other Entities

Cabinet Office circular
18 Sep 2023

CO (23) 8: Constitutional Procedures after the Election

Cabinet Office circular
31 Aug 2023

CO (23) 7: Management of Parliamentary Business after the Dissolution of Parliament

Cabinet Office circular
22 Aug 2023

CO (23) 6: Use of External Resources in the Policy Process: Cabinet Paper Requirement

Cabinet Office circular
15 Aug 2023
View all publications

Content wrapper

Help us improve DPMC

Your feedback is very important in helping us improve the DPMC website.


More menu anchor
Home Department of the Prime Minister and Cabinet (DPMC)
Page url

Toitū carbon reduce ISO 14064-1 organisation

Back to top

About DPMC
  • Who we are
  • Our work
  • Our history
  • Careers
Our business units
  • Cabinet Office
  • National Security Group
  • Policy Advisory Group
  • Implementation Unit
  • Strategy, Governance and Engagement Group
  • Child Wellbeing and Poverty Reduction Group
  • COVID-19 Group
  • Government House
  • All of Government COVID-19 Royal Commission of Inquiry
  • Cyclone Recovery Unit
Departmental agency
  • NEMA
Our programmes
  • New Zealand Royal Honours
  • The Policy Project
  • Greater Christchurch recovery and regeneration
  • National security
  • Child and youth wellbeing strategy
  • Reducing child poverty
  • Special programmes
Publications
  • Publications
  • News and notices
  • Annual reports
  • CabGuide
  • Cabinet Manual
  • Contact us
  • Copyright and licensing
  • Privacy
  • About this site
  • Disclaimer
  • Site map
Visit the Homepage | New Zealand Government Visit the Homepage | New Zealand Government

© Copyright 2023 Department of the Prime Minister and Cabinet.

New Zealand Government