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1.33 The Clerk of the Executive Council is formally appointed by the Governor-General by warrant under the Letters Patent, on the advice of the Prime Minister. The primary role of the Clerk is to provide impartial secretariat support for the Executive…

Items for consideration by Executive Council 1.38 Matters requiring Executive Council action include: regulations, commencement orders, and other secondary legislation made by Orders in Council; other Orders in Council; for example, certain local…

1.50 Laws should enter into force only after their publication. The exceptions to this important constitutional convention are matters of national security or of great commercial or legal significance where time is an overriding factor. Accordingly,…

1.53 The Governor-General or the Governor-General in Council may need to formally execute a decision to give effect to it (for example, an appointment decision). In such cases, Ministers should not pre-empt the outcome of this process by announcing that…

General 1.55 The New Zealand Royal Honours system provides a way for New Zealand to thank and congratulate people who have served their communities and to recognise people's achievements. Further information on all aspects of the honours system is…

1.76 The granting, confirmation, and control of armorial bearings (coats of arms) and other heraldic devices fall within the Sovereign's prerogative as the “Fount of all Honour”. The Sovereign has delegated this prerogative in New Zealand to the Earl…

1.80 The Order of Precedence is approved by the Sovereign. It indicates the relative precedence of constitutional office holders, public officials, and certain others, on state, official, and other important occasions. Hosts and organisers of official…

2.1 This chapter covers: the appointment and roles of the Prime Minister, Deputy Prime Minister, Ministers (including Associate Ministers, acting Ministers, and duty Ministers), Parliamentary Under-Secretaries, and Parliamentary Private Secretaries;…

Appointment 2.2 The Prime Minister is appointed by warrant by the Governor-General. In making this appointment, constitutional convention requires the Governor-General to: act on the outcome of the electoral process and subsequent discussions between…

2.13 The Deputy Prime Minister is appointed by warrant. If the Prime Minister is unavailable or unable to exercise the statutory or constitutional functions and powers of the office, the Deputy Prime Minister can, if necessary, exercise those powers and…

Appointment 2.15 The Letters Patent ( see appendix B ), issued under the Sovereign's prerogative power, empower the Governor-General: … to constitute and appoint under the Seal of New Zealand, to hold office during pleasure, all such Members of the…

2.48 The Governor-General, under section 8 of the Constitution Act 1986 , may appoint any member of Parliament to be a Parliamentary Under-Secretary in relation to the ministerial office or offices specified in the warrant of appointment. The Governor-…

2.52 Parliamentary Private Secretaries are members of Parliament who may be appointed by the Prime Minister by letter to assist Ministers. Parliamentary Private Secretaries support the Minister by building relationships with relevant communities,…

General 2.53 To protect the integrity of the decision-making process of executive government and to maintain public trust in the Executive, Ministers and Parliamentary Under-Secretaries must conduct themselves in a manner appropriate to their office.…

2.84 In a democracy, everyone has the right to make representations to Ministers on matters that concern them. Ministers will receive a large number of requests for meetings with people and organisations seeking either to influence government policy or to…

General 2.88 The Standing Orders require members of Parliament to disclose to the Registrar of Pecuniary and Other Specified Interests of Members of Parliament any gift received with an estimated market value of more than a prescribed amount (or more than…

Speaking engagements 2.101 Ministers receive many invitations to events and offers of speaking engagements. Ministers should consider carefully which invitations they will accept, and try to honour invitations from a variety of organisations. 2.102…

2.115 Governments have a responsibility to keep the public informed about important issues of the day. They may legitimately use public funds and resources for advertising and other publicity that explains their policies, informs the public of the…

Overseas travel 2.119 Overseas travel by Ministers or Parliamentary Under-Secretaries can provide important benefits to their portfolios and to New Zealand generally. 2.120 To ensure that their travel is approved properly and undertaken in an appropriate…

3.1 This chapter covers: the relationship between Ministers and the various organisations that are part of the executive branch of government; the standards of integrity and conduct expected throughout the public sector. 3.2 In this chapter, the term: “…

Public service 3.4 “Public service” is the term used to describe all public service departments, departmental agencies, interdepartmental executive boards, and interdepartmental ventures listed in Schedule 2 of the Public Service Act 2020 (together…

3.8 The formal relationship between Ministers and the public service is governed primarily by the Public Service Act 2020 and the Public Finance Act 1989 . The relationship is also governed by convention, the main aspects of which are set out in this…

General principles 3.54 The Crown has an ownership interest in a range of companies in the public sector. 3.55 Companies that are wholly or majority owned by the Crown are usually (although not always) subject to a statutory accountability regime, such as…

Principles of public service 3.69 New Zealand's public sector is founded on the principles of political neutrality, free and frank advice, merit-based appointments, open government, and stewardship. These principles and agencies' responsibilities are set…

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 against a Minister…

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 gives…

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 matters before the courts or judicial decisions, whether generally, or in relation to the…

4.17 Cabinet Office Circular 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…

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 the…