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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…
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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 consultation…
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5.84 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…
- 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 to transitions…
- 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…
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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 a mid-term change of government, see paragraphs 6.58 - 6…
- 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…
- 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…
- 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. 6.63…
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6.65 The neutrality of the public 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 any requests they make for advice or…
- Page7.1 This chapter provides an overview of the main principles and procedures concerning the development of government legislation (Acts of Parliament and secondary legislation) at the executive level. The chapter covers: the Speech from the Throne and the…
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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 sitting…
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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…
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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 bills. 7.7 The programme arranges groups of…
- Page7.16 The Legislation Act 2019 contains a mechanism for systematically revising the presentation of some New Zealand Acts to make them more accessible. After being revised, they are introduced as revision bills into Parliament for re-enactment. Revision is…
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7.20 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 Commission.…
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From policy to enactment 7.23 The development of bills is a complex and time-consuming process requiring careful planning and coordination. The basic process for developing government bills can be summarised as follows: decision to pursue a policy…
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Authority to make secondary legislation 7.85 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 secondary legislation. Secondary legislation…
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7.106 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 7.112 - 7.126 ).…
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General 7.112 The Standing Orders provide for select committees to be appointed to consider bills and other business. Select committees play an important role in the House's functions of scrutinising the Executive and holding it to account, examining…
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General 7.127 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 5.78 - 5.82 ). 7.128 Before the government…
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7.138 All members of Parliament can propose bills or amendments to bills 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 government the…
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Citizens initiated referenda, 7.141 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…
- 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 main aspects of the Official…
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Purpose of the Act 8.22 The Official Information Act 1982 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…
- PagePurpose of the Act 8.72 The purpose of the Privacy Act 2020 is to promote and protect individual privacy, by: providing a framework for protecting privacy of personal information, including access by individuals to their information, while also…
- Page8.90 Under the Ombudsmen Act 1975, Ombudsmen can investigate conduct by a public service agency or organisation (central or local government) that relates to a matter of administration affecting any person in a personal capacity. They cannot investigate…
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8.94 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 agencies under the Standing Orders (see the section entitled “Powers…
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8.98 Official documents, including Cabinet records, may be relevant to legal proceedings or other proceedings, such as public inquiries. If so, such documents may need to be discovered and produced in evidence. 8.99 When the discovery or production of…