Executive Council of New Zealand
Encyclopedia
The Executive Council of New Zealand is the body which legally serves the functions of the Cabinet
. It has a function similar to that served by the Privy Council in the United Kingdom
. The authority for its existence is provided by Letters Patent Constituting the Office of Governor-General of New Zealand, sections VII through X.
Officially, the Executive Council exists to advise the Governor-General
; it was the counterpart to the Legislative Council
, the now-defunct upper house of the New Zealand Parliament. To be an Executive Councillor, one must normally be a Member of Parliament
(this was codified in the Constitution Act
of 1986). However, one may serve up to thirty days without being an MP; this is to allow for the transition of members not yet sworn in and members who have retired or been defeated.
Members of the Executive Council are referred to as "Minister of the Crown
", which is not equivalent to being a Cabinet Minister. This merely gives them the authority to exercise executive power. Most members of the Executive Council are Cabinet Ministers, but some are appointed as so-called "Minister outside Cabinet" who traditionally hold minor portfolios or serve as Associate Ministers, with carefully specified powers and responsibilities delegated to them by relevant portfolio ministers. However, this is not always the case. One of the first instances in which a Minister of the Crown did not hold a seat in Cabinet occurred when David Lange
served as Attorney-General from 1989 to 1990 after resigning as Prime Minister. The appointment of Winston Peters
as Minister of Foreign Affairs
and Peter Dunne
as Minister of Revenue subsequent to the 2005 general election
saw the status of Ministers outside Cabinet develop significantly, given that they were appointed to important ministerial positions outside Cabinet in exchange for their parties supporting the Government on matters of confidence and money supply while being required to defend Government policies only within their spheres of ministerial responsibility.
There have also been "Ministers without Portfolio
", e.g. Mark Fagan
from 1935 to 1939, who was briefly acting Minister of Customs in 1939. He was followed by David Wilson from 1939 to 1949, who was Minister of Immigration 1940-44. They were members of the Legislative Council, but not of the Lower House.
The Executive Council's primary function is to issue Orders in Council (regulation
s), which operate under the authority of "the Governor-General in Council". Any three members of the Executive Council, not necessarily including the Governor-General, constitutes a quorum.
New Zealand Cabinet
The Cabinet of New Zealand functions as the policy and decision-making body of the executive branch within the New Zealand government system...
. It has a function similar to that served by the Privy Council in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. The authority for its existence is provided by Letters Patent Constituting the Office of Governor-General of New Zealand, sections VII through X.
Officially, the Executive Council exists to advise the Governor-General
Governor-General of New Zealand
The Governor-General of New Zealand is the representative of the monarch of New Zealand . The Governor-General acts as the Queen's vice-regal representative in New Zealand and is often viewed as the de facto head of state....
; it was the counterpart to the Legislative Council
New Zealand Legislative Council
The Legislative Council of New Zealand was the upper house of the New Zealand Parliament from 1853 until 1951. Unlike the lower house, the New Zealand House of Representatives, the Legislative Council was appointed.-Role:...
, the now-defunct upper house of the New Zealand Parliament. To be an Executive Councillor, one must normally be a Member of Parliament
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
(this was codified in the Constitution Act
New Zealand Constitution Act 1986
The Constitution Act 1986 is the principal formal statement of New Zealand's Constitution.It ended the last remaining associations of New Zealand with the British Parliament.-1984 constitutional crisis:...
of 1986). However, one may serve up to thirty days without being an MP; this is to allow for the transition of members not yet sworn in and members who have retired or been defeated.
Members of the Executive Council are referred to as "Minister of the Crown
Minister of the Crown
Minister of the Crown is the formal constitutional term used in the Commonwealth realms to describe a minister to the reigning sovereign. The term indicates that the minister serves at His/Her Majesty's pleasure, and advises the monarch, or viceroy, on how to exercise the Crown prerogatives...
", which is not equivalent to being a Cabinet Minister. This merely gives them the authority to exercise executive power. Most members of the Executive Council are Cabinet Ministers, but some are appointed as so-called "Minister outside Cabinet" who traditionally hold minor portfolios or serve as Associate Ministers, with carefully specified powers and responsibilities delegated to them by relevant portfolio ministers. However, this is not always the case. One of the first instances in which a Minister of the Crown did not hold a seat in Cabinet occurred when David Lange
David Lange
David Russell Lange, ONZ, CH , served as the 32nd Prime Minister of New Zealand from 1984 to 1989. He headed New Zealand's fourth Labour Government, one of the most reforming administrations in his country's history, but one which did not always conform to traditional expectations of a...
served as Attorney-General from 1989 to 1990 after resigning as Prime Minister. The appointment of Winston Peters
Winston Peters
Winston Raymond Peters is a New Zealand politician and leader of New Zealand First, a political party he founded in 1993. Peters has had a turbulent political career since entering Parliament in 1978. He served as Minister of Maori Affairs in the Bolger National Party Government before being...
as Minister of Foreign Affairs
Minister of Foreign Affairs (New Zealand)
The Minister of Foreign Affairs is a major ministerial portfolio in the government of New Zealand.The current Minister of Foreign Affairs is Murray McCully, who was National Party Spokeperson of Foreign Affairs and Shadow Minister of Foreign Affairs. There are also Associate Minister roles...
and Peter Dunne
Peter Dunne
Peter Dunne is a New Zealand politician and Member of Parliament who leads the United Future political party. He has served as a Cabinet minister in governments dominated by the centre-left Labour Party as well as by the centre-right National Party...
as Minister of Revenue subsequent to the 2005 general election
New Zealand general election, 2005
The 2005 New Zealand general election held on 17 September 2005 determined the composition of the 48th New Zealand Parliament. No party won a majority in the unicameral House of Representatives, but the Labour Party of Prime Minister Helen Clark secured two more seats than nearest rival, the...
saw the status of Ministers outside Cabinet develop significantly, given that they were appointed to important ministerial positions outside Cabinet in exchange for their parties supporting the Government on matters of confidence and money supply while being required to defend Government policies only within their spheres of ministerial responsibility.
There have also been "Ministers without Portfolio
Minister without Portfolio
A minister without portfolio is either a government minister with no specific responsibilities or a minister that does not head a particular ministry...
", e.g. Mark Fagan
Mark Fagan
Mark Anthony Fagan was a New Zealand politician of the Labour Party and a union secretary. He stood several times for Labour but was not elected, although he was on Labour’s National Executive from 1930. In 1935 he was appointed to the Legislative Council, where he was Speaker, to 1947...
from 1935 to 1939, who was briefly acting Minister of Customs in 1939. He was followed by David Wilson from 1939 to 1949, who was Minister of Immigration 1940-44. They were members of the Legislative Council, but not of the Lower House.
The Executive Council's primary function is to issue Orders in Council (regulation
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
s), which operate under the authority of "the Governor-General in Council". Any three members of the Executive Council, not necessarily including the Governor-General, constitutes a quorum.
External links
- Information on the Executive Council in the New Zealand Cabinet Manual.