Governor-General of New Zealand
Encyclopedia
The Governor-General
of New Zealand
is the representative of the monarch of New Zealand (currently, Queen Elizabeth II). 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
.
The Constitution Act 1986 provides that a "Governor-General appointed by the Sovereign is the Sovereign's representative in New Zealand." There is no specific term, but by convention the Governor-General usually serves for approximately five years. The office's full title is: The Governor-General and Commander-in-Chief in and over New Zealand.
The functions and roles of the Governor-General are set out in letters patent
issued in 1983 (amended in 2006), and include: appointing ministers and judges, dissolving Parliament, granting assent
to legislation, issuing writs for elections and bestowing honours. All the Governor-General's duties are carried out in the name of The Queen.
Beyond constitutional functions, the Governor-General has an important ceremonial role. He or she travels widely throughout New Zealand to open conferences, attend services and commemorations. When travelling abroad, the Governor-General is seen as the representative of New Zealand, and of the Queen of New Zealand, and is treated as a head of state in most ways. Under the Niue Constitution Act, the Governor-General also represents the Queen in Niue
.
The current Governor-General is Lieutenant General Sir Jerry Mateparae
, who was sworn in on 31 August 2011, replacing Sir Anand Satyanand
, having been appointed by the Queen of New Zealand on 7 March 2011, on the advice of the Prime Minister.
Administrative support for the Governor-General is provided by the Department of the Prime Minister and Cabinet
.
of the Prime Minister of New Zealand
. The Prime Minister's advice has sometimes been the result of a decision by Cabinet, although there is no requirement for this. There have been a few instances where the Governor-General was appointed with no consultation of Cabinet; more recently the introduction of MMP
has meant the Prime Minister primarily consults with each of the party leaders in Parliament. The appointment of Anand Satyanand met with the approval of every leader in the House of Representatives. By convention the Leader of the Opposition
is also consulted on the appointment, however this too has not always been the case. In 1977 the Leader of the Opposition, Bill Rowling
complained he was not consulted on the appointment of Sir Keith Holyoake
, and openly suggested that he would have appointed Sir Edmund Hillary as Governor-General instead. This suggestion was in turn criticised by the Government, as Sir Edmund had backed Labour in 1975 as part of the "Citizens for Rowling
" campaign.
Constitutional convention adopted in 1930 following the Imperial Conference held that year allowed for the appointment of the Governor-General to be made upon the advice and recommendation of the New Zealand Government. However, the right granted by the convention was not exercised directly by a New Zealand Prime Minister until 1967.
Although non-partisan while in office, there have been a number of appointments of Governors-General to the office that have attracted considerable controversy. In 1977 Sir Keith Holyoake, a former National Party
Prime Minister and a serving Minister of State was controversially appointed as Governor-General, and in 1990 Dame Catherine Tizard
, a former Labour Mayor of Auckland City
and former wife of Labour Deputy Prime Minister
Bob Tizard, was appointed to the role. Despite their political backgrounds, neither of these appointments could be said to have discharged their duties in a partisan way.
There has often been speculation that a member of the Royal Family might take up the position. In 2004 former National
MP Richard Worth
, an avowed monarchist, asked the then Prime Minister Helen Clark whether she had considered nominating the Earl of Wessex
to the Queen to be the next Governor-General.
(or any other High Court Judge) and the members of the Executive Council
. The Governor-General must take the Oath of Allegiance
and the oath for the due execution of the office, which the Chief Justice or other High Court Judge administers.
, the New Zealand Constitution Act 1852
contained provision for the Governor to be elected by New Zealand's Parliament. This provision was removed from the final enactment, probably because the Colonial Office wanted to keep a check on New Zealand's colonial government. In 1887 Sir George Grey, by then also a former Premier, moved the Election of Governor Bill to make the office of Governor an elective position. The Bill was narrowly defeated 46-48, being opposed by the government of Harry Atkinson
. In 1889, Grey tried again with another Bill, which if passed would have allowed for a "British subject" to be elected to the office of Governor "precisely as an ordinary parliamentary election in each district."
In 2006 political commentator Colin James
suggested that the Governor-General could be elected (or, more correctly, 'nominated' to the Queen) by a 60% majority of votes cast in Parliament. James argued that the New Zealand public should be given the ability to choose the Queen's representative, and that the current system is undemocratic and not transparent. Such a system is not unique: the Governors-General of Papua New Guinea
and the Solomon Islands
are nominated in such a way. Constitutional law specialist Professor Noel Cox, who is a former chair of Monarchy New Zealand, criticised the proposal, claiming that "[g]iving the Governor-General a new and separate source of democratic legitimacy could result in a separation between Ministers and Governors-General. ...the Governors-General would have their own independent popular mandate, and become potential political rivals of the Ministers".
In February 2008, the Republican Movement
suggested electing the Governor-General as an interim step to a republic, arguing "Electing the Governor-General allows for easier transition to a republic, because the populace is used to electing someone as a ceremonial de facto head of state." With the introduction of the Governor-General Act 2010
, Green MP Keith Locke
suggested Parliament recommend the next Governor-General's appointment to the Queen, with a recommendation endorsed by three-quarters of parliament. In its submission to the select committee considering the Bill, the Republican Movement suggested parliament appoint the next Governor-General with a three-quarters majority plus a majority of party leaders in parliament, with a similar dismissal process and a fixed five-year term. National MP Nikki Kaye
queried whether several one-member parties in parliament could veto the decision, which could give them too much power if an appointment was based on one vote per leader. The Republican Movement responded that the method would ensure appointments were made that most MPs and parties found acceptable.
, under clause II of the Letters Patent. It is traditional that an appointed individual act as the Queen's representative for a minimum of five years, but the New Zealand Prime Minister may advise the Queen to extend (or shorten) the Vice-Regal's tenure. For instance, Dame Silvia Cartwright would have been in office for five years on 4 April 2006, but her term as Governor-General was extended by the Queen on the advice of Prime Minister Helen Clark
, who deemed that "that the selection and appointment process [should] not coincide with the pre-election period".
acts as the Administrator of the Government
, or simply Administrator in everyday usage.
Prior to the granting of responsible government in 1856, the Colonial Secretary
(the colonial equivalent of the Minister of Internal Affairs) acted as Administrator of the Government in absence of the Governor.
Some constitutional lawyers dispute whether the Queen would implement such advice at all, while others argue that the Queen would delay its implementation. Others argue that the Queen would be obliged to follow the Prime Minister's advice, and further that the Queen would be bound to implement the Prime Minister's advice immediately if so advised.
Critics (usually supporters of a New Zealand republic) describe the ability of the Prime Minister to advise the Queen to recall the Governor-General as a flaw in New Zealand's constitutional make up that gives the Governor-General and the Prime Minister the ability to dismiss one another. They argue that this flaw is exacerbated by the reluctance of the monarch or their representatives to become politically involved. Further, they argue that the flaw means the Governor-General is unable to act as the "constitutional backstop" (a term often used to describe the office), or - as was the case with the 1975 Whitlam dismissal in Australia
- to resolve a deadlock the Governor-General may choose to dismiss a government despite it having the confidence of the House of Representatives.
Three New Zealand Governors have been recalled from office - William Hobson
(who died before he was officially recalled), Captain Robert FitzRoy
and Sir George Grey
, all before responsible government was granted in 1853.
The Constitution Act 1986 provides that "The Governor-General appointed by the Sovereign is the Sovereign's representative in New Zealand." The Governor-General exercises a number of the remaining Royal Prerogative
s, and the reserve powers.
In practice, political power is exercised by the Parliament of New Zealand
(which is composed of the Governor-General in Parliament
, and the House of Representatives
), through the Prime Minister
and Cabinet
. By constitutional convention, the Governor-General exercises his or her powers solely on the advice of the Prime Minister and ministers - the only exception being when the Prime Minister loses the confidence of parliament.
Although the Queen of New Zealand is also Queen of the United Kingdom, as New Zealand is a sovereign nation the British Government cannot advise the Governor-General, or otherwise interfere in New Zealand affairs. The Governor-General is bound by constitutional convention to follow the advice of the Prime Minister
in their exercise of their powers, so long as the Prime Minister enjoys the support of the House of Representatives. Even in the appointment of the Prime Minister, the Governor-General rarely exercises any discretion, in accordance with unwritten constitutional conventions, the Governor-General must appoint the individual most likely to maintain the support of the House of Representatives: usually, the leader of the largest party or coalition of parties which has a majority in the House of Representatives
.
The Governor-General is the representative of New Zealand's Sovereign, and may exercise most powers vested in the Crown. If the monarch is present in New Zealand, however, he or she may exercise such powers personally. Furthermore, some powers (such as the power to appoint the next Governor-General, approve a new Royal Honour etc.) may be exercised by the monarch alone. The Governor-General has custody of the Seal of New Zealand
for all official instruments of Her Majesty's Government in New Zealand.
The "powers conferred" on the Governor-General are stated in the Letters Patent 1983.
The Governor-General presides over an Executive Council
. The Prime Minister is appointed to this Council and advises as to which parliamentarians shall become ministers and parliamentary secretaries
.
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".
The Governor-General also summons, and dissolves
Parliament. Each parliamentary session begins with the Governor-General's summons. The new parliamentary session is marked by the opening of Parliament
, during which the Governor-General reads the Speech from the Throne
in the Legislative Council Chamber
, outlining the Government's legislative agenda. Dissolution ends a parliamentary term (which lasts a maximum of three years), and is followed by general elections for all seats in the House of Representatives. These powers, however, are always exercised on the Prime Minister's advice. The timing of a dissolution is affected by a variety of factors; the Prime Minister normally chooses the most politically opportune moment for his or her party. The Governor-General may theoretically refuse a dissolution, but the circumstances under which such an action would be warranted are unclear. It might be justified if a minority government had served only briefly and another party seemed likely to have better success in holding the confidence of the House.
Before a bill can become law, the Royal Assent
(the monarch's approval) is required. The Governor-General acts on the Monarch's behalf; in theory, he or she may grant the Royal Assent (making the bill law), or withhold the Royal Assent (vetoing the bill). By modern constitutional convention, however, the Royal Assent is always granted, and Bills are never disallowed (see Reserve Powers below).
The Governor-General appoints and dismisses Cabinet ministers and other ministers, but exercises such a function only on the Prime Minister's advice. Thus, in practice, the Prime Minister, and not the Governor-General, exercises complete control over the composition of the Cabinet. The Governor-General may, in theory, unilaterally dismiss a Prime Minister, but convention and precedent bar such an action.
Furthermore, the Governor-General performs some of the functions normally associated with heads of state. He or she makes state visits abroad, hosts foreign heads of state, and receives ambassadors and high commissioners.
The exercise of the above powers is a matter of continuing debate. Many constitutional commentators believe that the Governor-General (or the Sovereign) does not have the power to refuse Royal assent legislation - former law professor and Prime Minister Sir Geoffrey Palmer and Professor Matthew Palmer
argue any refusal of Royal Assent would lead to a constitutional crisis. Some constitutional lawyers, such as Professor Philip Joseph, believe the Governor-General does retain the power to refuse Royal Assent to Bills in exceptional circumstances - such as the abolition of democracy.
As with other Commonwealth realms, Governors-General exercise of the Royal prerogatives under the reserve powers is non-justiciable
, that is they cannot be challenged by Judicial review
, unlike the actions of other members of the executive (such as the Prime Minister in Fitzgerald v Muldoon.)
The Governor-General acts on the advice of the Minister of Justice. The Governor-General has power to grant a pardon, to refer a person's case back to the court under section 406 of the Crimes Act 1961
, and to reduce a person's sentence. If a person's case is referred back to the court, the court will consider the case in a similar way to hearing an appeal. The court then provides advice to the Governor-General as to how to act. Recently, David Bain
was granted such an appeal to the Court of Appeal, which in turn was appealed to the Privy Council
.
. It can be argued that the de facto
head of state is the Governor-General while the de jure
head of state remains the Queen; historian Gavin McLean has recently described the Governor-General as a "virtual head of state".
Under the Defence Act 1990 the Governor-General is nominally Commander-in-Chief of the Defence Forces
. It is not clear whether the commanders of the armed forces could, in reality, turn to the Governor-General if they thought that the orders they were receiving from the Prime Minister and Minister of Defence were illegal or unethical, or whether the Governor-General would be justified in issuing new orders directly.
Until 1939 the Governor-General also represented the British Government, when the diplomatic functions were transferred to a High Commissioner
. This was 13 years after the Balfour Declaration
and after the functions were separated in the other Dominion
s. This was due to the New Zealand belief that such a thing would promote separatism
within the British Empire
.
The Governor-General spends a large share of his or her working time attending state banquets and functions, making and hosting state visits, meeting ceremonial groups, and awarding medals, decorations, and prizes.
Starting from New Year's Day 2009, the Governor-General issues a "New Year's Message" that is "to bring to attention a number of issues New Zealanders might consider as they looked to the future".
of the 2010 Budget shows the office of Governor-General costs New Zealand taxpayers about $7.6 million in ongoing costs and $11 million for Government House upgrades, a total of $18.6 million. These figures are disputed by Monarchy New Zealand, who claim the Republican Movement "arbitrarily inflated the cost of the Governor-General".
. From the start of the next Governor-General's term, the Governor-General Act 2010
will apply. As of 1 April 2011, the annual salary is NZ$210,309, which is subject to income tax
from 2010. The Governor-General's main residence is Government House, Wellington, and there is a small secondary northern residence, Government House, Auckland
. The houses are managed by the Official Secretary to the Governor-General
. Government House closed in October 2008 for a major $44 million conservation and rebuilding project and was reopened in March 2011.
, the Governor-General outranks all individuals except the head of state. (The Queen herself is not listed in the order of precedence.)
The Governor-General and his spouse are styled "His/Her Excellency" during his term in office. He is also entitled to the style "The Right Honourable
" for life upon assuming the office.
The Governor-General holds the offices of Chancellor of The New Zealand Order of Merit
and Principal Companion of the Queen's Service Order
.
is a dark blue flag with the Shield of the New Zealand Coat of Arms surmounted by a Royal Crown in the centre. In heraldic terms the official description is: "A flag of a blue field thereon the Arms of New Zealand ensigned by the Royal Crown all proper". It takes precedence over all other flags, except the head of state's flag. It may be flown from a vehicle in which the Governor-General is travelling, or from a building in which the Governor-General is present or is residing. On state visits abroad, however, the Governor-General typically uses the national flag
, which is a more recognisable New Zealand symbol.
From 1832 James Busby
was assigned the post of British Resident in New Zealand. Under his direction the signing of the Declaration of Independence of New Zealand at Waitangi
established the post of Governor in New Zealand. Captain William Hobson
was first appointed Lieutenant-Governor of New Zealand by Letters Patent on 24 November 1840 (having previously been the British Consul to New Zealand), when New Zealand was part of the colony of New South Wales
. While Hobson is usually considered the first Governor of New Zealand, Sir George Gipps
was the first governor over New Zealand, albeit only in his capacity as Governor of New South Wales, until New Zealand was established as a separate colony on 3 May 1841. Hobson continued in office until his death on 10 September 1842. In Hobson's place the Colonial Office
appointed Captain Robert FitzRoy
. FitzRoy struggled to keep order between Māori and settlers keen to buy their land, with very limited financial and military resources at his disposal. His conflicts with the New Zealand Company
settlements over land deals lead to his recall in 1845. FitzRoy's replacement, Sir George Grey
, is considered by some historians, such as Michael King
, to be the most important and influential Governor of New Zealand. Grey was the last Governor of New Zealand to act without reference to parliament. During his first term (1845–1852), Grey petitioned the Parliament of the United Kingdom
to largely suspend the complex New Zealand Constitution Act 1846
(Grey briefly took the title Governor-in-Chief under the Act but this was eventually reverted back to Governor), drafting his own constitution bill, which became the New Zealand Constitution Act 1852
. Grey's first term ended before responsible government was implemented.
That task was left to the Administrator of the Government
, Robert Wynyard
who opened the 1st New Zealand Parliament
on 24 May 1854. Wynyard was quickly confronted by the demands of the new parliament that the parliament be able to appoint its own ministers, instead of the governor. The parliament passed a resolution to that effect on 2 June. Wynyard and the Executive Council of New Zealand
refused to allow this, stating that the Colonial Office made no mention of responsible government in its dispatches. Wynyard then offered to add some elected members of parliament to the Executive Council, which he did - a compromise that worked for a few weeks, until on 1 August 1854, Parliament again demanded complete power to appoint ministers. Wynyard refused, and prorogued parliament for two weeks. Then on 31 August he appointed more elected members to the Executive Council, but when parliament met again on 8 August 1855, it moved a motion of no confidence in the members. Fortunately for Wynyard the next Governor, Sir Thomas Gore Browne
, arrived on 6 September 1855. Gore Browne's tenure saw the introduction of responsible government, which greatly reduced the powers of the Governor. In the following years, Gore Browne and Premier Edward Stafford
clashed over whether the Governor (and hence the imperial government) had control over Māori affairs, a key issue at the time. Stafford began the practice of Cabinet
meeting independently of the Executive Council, further reducing the influence of the Governor. Sir George Grey returned to New Zealand in 1861 for a second term. Grey struggled to meet the competing demands of the Colonial and British governments. The New Zealand Land Wars
had brought many British troops to New Zealand, and fearing further fighting Grey, with the support of Edward Stafford, evaded Colonial Office instructions to finalise their return to Britain. In the end the Colonial Office recalled Grey in February 1868.
advised the Chief Justice
James Prendergast
acting as the Administrator of the Government
(Prendergast was well known for his views on Maori from his decision in the case Wi Parata v the Bishop of Wellington
), to order the invasion of the Maori pacifist Te Whiti o Rongomai
's village at Parihaka
, something the Governor had indicated he was opposed to.
's Liberal government
passed a resolution to create New Zealand as the Dominion of New Zealand
. This led to new letters patent being issued in 1917, which greatly curtailed the powers of the Governor. To reflect these changes, the office was renamed Governor-General (equivalent to Governors-General of other Commonwealth countries), with the Earl of Liverpool
, the serving Governor, being the first Governor-General.
In 1926, following the King-Byng affair
in Canada
, an Imperial Conference approved the Balfour declaration, which defined a British Commonwealth as a freely associated grouping known as the Commonwealth of Nations
. The declaration was ratified by the Parliament of the United Kingdom
with the Statute of Westminster 1931
. The effect of the Declaration was to elevate the Governor-General from a representative of the British government to a regal position with all the theoretical constitutional powers of the Sovereign. New Zealand did not ratify the statute until after the Second World War however, with the Statute of Westminster Adoption Act 1947
being passed on 25 November 1947.
Despite adopting the statute later than most other Commonwealth realms, the functions of the Governor-General in representing the British government were gradually reduced prior to the statute passing. In 1939 Britain appointed its own High Commissioner to New Zealand, Government House ceased to be the official communications channel with Britain in 1941. In 1945 Labour Prime Minister
Peter Fraser suggested that Sir Bernard Freyberg, the British-born commander of New Zealand's armed forces be appointed Governor-General. Until 1967 the precedent was that Governors-General were nominated by the Foreign and Commonwealth Office
in consultation with the New Zealand Prime Minister, who then recommended appointments to the Sovereign.
, was appointed to the office, on the advice of Sir Keith Holyoake. Porritt's appointment was followed by Sir Denis Blundell
in 1972, who was the first fully New Zealand-resident Governor-General. The appointment of his successor, former Prime Minister Sir Keith Holyoake
proved highly controversial, although Holyoake's tenure itself was uncontroversial. In 1983, letters patent were issued once again, further reducing the powers of the office. Following the 1984 constitutional crisis
, the 1852 Constitution Act was replaced by the Constitution Act 1986 and the Governor-General's powers further limited - for example, section 16 of the 1986 Act significantly narrowed section 56 of the 1852 Act so that the Governor-General has much less discretion to refuse Royal Assent
to Bills of parliament.
has expressed this view, along with historian Gavin McLean and former Prime Minister Helen Clark. The Governor-General has been performing more and more of the functions of a head of state
, such as representing New Zealand overseas (a duty Governors-General have carried out since Sir Denis Blundell
was in office). For example, at the 2007 commemorations of the Battle of Passchendaele, the Governor-General Anand Satyanand
represented New Zealand on behalf of the Queen, while the Queen represented the United Kingdom.
Reform of the office is usually only mentioned in the context of a New Zealand republic
. Helen Clark, when defending Dame Silvia Cartwright
following a political controversy over prison sentences, stated "[o]ne of the challenges for us is we clearly are no longer a dominion of Britain where the Governor-General is exactly like the Queen. I think we need to consider how the role of governor-general might evolve further. As you know, my view is that one day there will be a president fulfilling the kind of role the governor-general does." Others, such as Professor Noel Cox have argued that the Governor-General's role needs to be updated, rather than reforming the office. Some constitutional academics expressed concern that the process of electoral reform
could result in the Governor-General having greater political influence. In 1993, the then Governor-General Dame Catherine Tizard
caused controversy by suggesting that under the proposed Mixed Member Proportional (MMP) electoral system, the Governor-General may have to use their reserve powers more often. Following the adoption of MMP at a referendum later in 1993, Prime Minister Jim Bolger
suggested at the opening of parliament in 1994 that one reason New Zealand might move to a republic was that the Governor-General would have more influence under the new electoral system.
In December 2009 a review of the Civil List Act 1979 by the Law Commission recommended that part 1 of the Act be repealed, and replaced with a new Governor-General Bill to reflect the nature of the modern office of Governor-General. The most significant change would be that the Governor-General was no longer exempt from paying income tax on their salary. The changes proposed in the report would take effect for the appointment and term of the next Governor-General. The Bill was introduced into Parliament on 28 June 2010 and was granted Royal Assent on 22 November 2010.
The Bill passed its first reading unanimously, and the Republican Movement launched 'New Zealand's Next Governor-General' to create a "citizens process" for selecting the next Governor-General.
Governor-General
A Governor-General, is a vice-regal person of a monarch in an independent realm or a major colonial circonscription. Depending on the political arrangement of the territory, a Governor General can be a governor of high rank, or a principal governor ranking above "ordinary" governors.- Current uses...
of New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
is the representative of the monarch of New Zealand (currently, Queen Elizabeth II). The Governor-General acts as the Queen's vice-regal
Viceroy
A viceroy is a royal official who runs a country, colony, or province in the name of and as representative of the monarch. The term derives from the Latin prefix vice-, meaning "in the place of" and the French word roi, meaning king. A viceroy's province or larger territory is called a viceroyalty...
representative in New Zealand and is often viewed as the de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
.
The Constitution Act 1986 provides that a "Governor-General appointed by the Sovereign is the Sovereign's representative in New Zealand." There is no specific term, but by convention the Governor-General usually serves for approximately five years. The office's full title is: The Governor-General and Commander-in-Chief in and over New Zealand.
The functions and roles of the Governor-General are set out in letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
issued in 1983 (amended in 2006), and include: appointing ministers and judges, dissolving Parliament, granting assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
to legislation, issuing writs for elections and bestowing honours. All the Governor-General's duties are carried out in the name of The Queen.
Beyond constitutional functions, the Governor-General has an important ceremonial role. He or she travels widely throughout New Zealand to open conferences, attend services and commemorations. When travelling abroad, the Governor-General is seen as the representative of New Zealand, and of the Queen of New Zealand, and is treated as a head of state in most ways. Under the Niue Constitution Act, the Governor-General also represents the Queen in Niue
Niue
Niue , is an island country in the South Pacific Ocean. It is commonly known as the "Rock of Polynesia", and inhabitants of the island call it "the Rock" for short. Niue is northeast of New Zealand in a triangle between Tonga to the southwest, the Samoas to the northwest, and the Cook Islands to...
.
The current Governor-General is Lieutenant General Sir Jerry Mateparae
Jerry Mateparae
Lieutenant General Sir Jeremiah "Jerry" Mateparae, GNZM, QSO is New Zealand's 20th Governor-General. He was Chief of the New Zealand Defence Force between 2006 and 2011, the first Māori person to hold the office, and the Director of the New Zealand Government Communications Security Bureau from 7...
, who was sworn in on 31 August 2011, replacing Sir Anand Satyanand
Anand Satyanand
Sir Anand Satyanand, GNZM, QSO, KStJ was the 19th Governor-General of New Zealand. He previously worked as a lawyer, judge and ombudsman.-Early life and family:...
, having been appointed by the Queen of New Zealand on 7 March 2011, on the advice of the Prime Minister.
Administrative support for the Governor-General is provided by the Department of the Prime Minister and Cabinet
Department of the Prime Minister and Cabinet (New Zealand)
The Department of the Prime Minister and Cabinet of New Zealand is the department charged with supporting the Prime Minister of New Zealand and their Cabinet...
.
Appointment
Appointment to the Office is made by the Queen (in her capacity as Queen of New Zealand) on the adviceAdvice (constitutional)
Advice, in constitutional law, is formal, usually binding, instruction given by one constitutional officer of state to another. Especially in parliamentary systems of government, Heads of state often act on the basis of advice issued by prime ministers or other government ministers...
of the Prime Minister of New Zealand
Prime Minister of New Zealand
The Prime Minister of New Zealand is New Zealand's head of government consequent on being the leader of the party or coalition with majority support in the Parliament of New Zealand...
. The Prime Minister's advice has sometimes been the result of a decision by Cabinet, although there is no requirement for this. There have been a few instances where the Governor-General was appointed with no consultation of Cabinet; more recently the introduction of MMP
Electoral reform in New Zealand
Electoral reform in New Zealand has, in recent years, become a political issue as major changes have been made to both Parliamentary and local government electoral systems.- Parliamentary Electoral Reform :...
has meant the Prime Minister primarily consults with each of the party leaders in Parliament. The appointment of Anand Satyanand met with the approval of every leader in the House of Representatives. By convention the Leader of the Opposition
Leader of the Opposition (New Zealand)
The Leader of the Opposition in New Zealand is the politician who, at least in theory, commands the support of the non-government bloc of members in the New Zealand Parliament. In the debating chamber the Leader of the Opposition sits directly opposite the Prime Minister...
is also consulted on the appointment, however this too has not always been the case. In 1977 the Leader of the Opposition, Bill Rowling
Bill Rowling
Sir Wallace Edward Rowling, KCMG , often known as Bill Rowling, was the 30th Prime Minister of New Zealand. He was in office for just over a year, having been appointed Prime Minister following the death of the highly popular Norman Kirk...
complained he was not consulted on the appointment of Sir Keith Holyoake
Keith Holyoake
Sir Keith Jacka Holyoake, KG, GCMG, CH, QSO, KStJ was a New Zealand politician. The only person to have been both Prime Minister and Governor-General of New Zealand, Holyoake was National Party Prime Minister from 20 September 1957 to 12 December 1957, then again from 12 December 1960 to 7...
, and openly suggested that he would have appointed Sir Edmund Hillary as Governor-General instead. This suggestion was in turn criticised by the Government, as Sir Edmund had backed Labour in 1975 as part of the "Citizens for Rowling
Citizens for Rowling
The Citizens for Rowling campaign was a campaign named after then Labour Prime Minister of New Zealand Bill Rowling in the lead up to the 1975 general election. Members of the campaign publicly signed the "Citizens for Rowling" petition warning against a National government led by Robert Muldoon...
" campaign.
Constitutional convention adopted in 1930 following the Imperial Conference held that year allowed for the appointment of the Governor-General to be made upon the advice and recommendation of the New Zealand Government. However, the right granted by the convention was not exercised directly by a New Zealand Prime Minister until 1967.
Although non-partisan while in office, there have been a number of appointments of Governors-General to the office that have attracted considerable controversy. In 1977 Sir Keith Holyoake, a former National Party
New Zealand National Party
The New Zealand National Party is the largest party in the New Zealand House of Representatives and in November 2008 formed a minority government with support from three minor parties.-Policies:...
Prime Minister and a serving Minister of State was controversially appointed as Governor-General, and in 1990 Dame Catherine Tizard
Catherine Tizard
Dame Catherine Anne Tizard, was Mayor of Auckland City and the 16th Governor-General of New Zealand, the first woman to hold either office.-Early life:...
, a former Labour Mayor of Auckland City
Mayor of Auckland City
The Mayor of Auckland City was the directly elected head of the Auckland City Council, the municipal government of Auckland City, New Zealand. The office existed from 1871 to 2010, when Auckland City Council was abolished and replaced with the Auckland Council....
and former wife of Labour Deputy Prime Minister
Deputy Prime Minister of New Zealand
The Deputy Prime Minister of New Zealand is second most senior officer in the Government of New Zealand, although this seniority does not necessarily translate into power....
Bob Tizard, was appointed to the role. Despite their political backgrounds, neither of these appointments could be said to have discharged their duties in a partisan way.
There has often been speculation that a member of the Royal Family might take up the position. In 2004 former National
New Zealand National Party
The New Zealand National Party is the largest party in the New Zealand House of Representatives and in November 2008 formed a minority government with support from three minor parties.-Policies:...
MP Richard Worth
Richard Worth
Richard Westwood Worth, OBE, VRD, KStJ is a former New Zealand politician. He was a member of the National Party parliamentary caucus until he resigned on Friday 12 June 2009.-Background:...
, an avowed monarchist, asked the then Prime Minister Helen Clark whether she had considered nominating the Earl of Wessex
Prince Edward, Earl of Wessex
Prince Edward, Earl of Wessex KG GCVO is the third son and fourth child of Elizabeth II and The Duke of Edinburgh...
to the Queen to be the next Governor-General.
Swearing-in ceremony
Before the Governor-General enters office, his or her commission of appointment is publicly read in the presence of the Chief Justice of New ZealandChief Justice of New Zealand
The Chief Justice of New Zealand is the head of the New Zealand judiciary, and presides over the Supreme Court of New Zealand. Before the establishment of the latter court in 2004 the Chief Justice was the presiding judge in the High Court of New Zealand and was also ex officio a member of the...
(or any other High Court Judge) and the members of the Executive Council
Executive Council of New Zealand
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 Governor-General must take the Oath of Allegiance
Oath of Allegiance (New Zealand)
The New Zealand Oath of Allegiance is defined by the Oaths and Declarations Act 1957. All Oaths can be taken in either Māori or English form. It is possible to take a affirmation, which has the same legal effect as an Oath.-Oath:...
and the oath for the due execution of the office, which the Chief Justice or other High Court Judge administers.
Election proposals
From time to time, there have been proposals to elect the Governor-General. When first drafted by then Governor George GreyGeorge Grey
George Grey may refer to:*Sir George Grey, 2nd Baronet , British politician*George Grey, 2nd Earl of Kent *Sir George Grey , Governor of Cape Colony, South Australia and New Zealand...
, the New Zealand Constitution Act 1852
New Zealand Constitution Act 1852
The New Zealand Constitution Act 1852 was an Act of the Parliament of the United Kingdom that granted self-government to the colony of New Zealand...
contained provision for the Governor to be elected by New Zealand's Parliament. This provision was removed from the final enactment, probably because the Colonial Office wanted to keep a check on New Zealand's colonial government. In 1887 Sir George Grey, by then also a former Premier, moved the Election of Governor Bill to make the office of Governor an elective position. The Bill was narrowly defeated 46-48, being opposed by the government of Harry Atkinson
Harry Atkinson
Henry Albert "Harry" Atkinson served as the tenth Premier of New Zealand on four separate occasions in the late 19th century, and was Colonial Treasurer for a total of ten years...
. In 1889, Grey tried again with another Bill, which if passed would have allowed for a "British subject" to be elected to the office of Governor "precisely as an ordinary parliamentary election in each district."
In 2006 political commentator Colin James
Colin James (journalist)
Colin James is a New Zealand political journalist and commentator. He is a life member of the New Zealand Parliament's press gallery.James writes a monthly column in Management Magazine, previously wrote a weekly column in The New Zealand Herald, and often speaks on television and radio...
suggested that the Governor-General could be elected (or, more correctly, 'nominated' to the Queen) by a 60% majority of votes cast in Parliament. James argued that the New Zealand public should be given the ability to choose the Queen's representative, and that the current system is undemocratic and not transparent. Such a system is not unique: the Governors-General of Papua New Guinea
Governor-General of Papua New Guinea
The Governor-General of Papua New Guinea is the viceregal representative of Queen Elizabeth II, known in Tok Pisin as 'Missis Kwin', Papua New Guinea's head of state, performing the duties of the Queen in her absence...
and the Solomon Islands
Governor-General of the Solomon Islands
The Governor-General of Solomon Islands is the representative of the Queen of Solomon Islands, Elizabeth II. The Queen does not reside in the islands, and so the Governor-General serves as the country's de facto head of state in her absence....
are nominated in such a way. Constitutional law specialist Professor Noel Cox, who is a former chair of Monarchy New Zealand, criticised the proposal, claiming that "[g]iving the Governor-General a new and separate source of democratic legitimacy could result in a separation between Ministers and Governors-General. ...the Governors-General would have their own independent popular mandate, and become potential political rivals of the Ministers".
In February 2008, the Republican Movement
Republican Movement of Aotearoa New Zealand
The Republican Movement of Aotearoa New Zealand is an organisation formed in 1994 whose object is to support the creation of a New Zealand republic . It is Chaired by Lewis Holden. The patron of the Movement is Keri Hulme, a New Zealand writer famous for her 1985 Booker Prize winning novel The Bone...
suggested electing the Governor-General as an interim step to a republic, arguing "Electing the Governor-General allows for easier transition to a republic, because the populace is used to electing someone as a ceremonial de facto head of state." With the introduction of the Governor-General Act 2010
Governor-General Act 2010
The Governor-General Act 2010 is an Act of the New Zealand Parliament. It reformed the Governor-General of New Zealand's financial programme.- Background :...
, Green MP Keith Locke
Keith Locke
Keith James Locke is a current New Zealand MP representing the Green Party who was first elected to parliament in 1999. he is the Green Party spokesperson on Foreign Affairs, Defence, Ethnic Affairs, Pacific Affairs, Human Rights, Immigration, Police and Auckland Transport...
suggested Parliament recommend the next Governor-General's appointment to the Queen, with a recommendation endorsed by three-quarters of parliament. In its submission to the select committee considering the Bill, the Republican Movement suggested parliament appoint the next Governor-General with a three-quarters majority plus a majority of party leaders in parliament, with a similar dismissal process and a fixed five-year term. National MP Nikki Kaye
Nikki Kaye
Nicola Laura Kaye is the member of the New Zealand Parliament for the Auckland Central electorate, having defeated incumbent Labour MP Judith Tizard in the 2008 election.-Early life:...
queried whether several one-member parties in parliament could veto the decision, which could give them too much power if an appointment was based on one vote per leader. The Republican Movement responded that the method would ensure appointments were made that most MPs and parties found acceptable.
Tenure
The Governor-General holds office at the "pleasure" of the QueenAt Her Majesty's pleasure
At Her Majesty's pleasure is a legal term of art derived from all legitimate authority for government stemming from the Crown. Originating from the United Kingdom, it is now used throughout the Commonwealth realms...
, under clause II of the Letters Patent. It is traditional that an appointed individual act as the Queen's representative for a minimum of five years, but the New Zealand Prime Minister may advise the Queen to extend (or shorten) the Vice-Regal's tenure. For instance, Dame Silvia Cartwright would have been in office for five years on 4 April 2006, but her term as Governor-General was extended by the Queen on the advice of Prime Minister Helen Clark
Helen Clark
Helen Elizabeth Clark, ONZ is a New Zealand political figure who was the 37th Prime Minister of New Zealand for three consecutive terms from 1999 to 2008...
, who deemed that "that the selection and appointment process [should] not coincide with the pre-election period".
Administrator of the Government
A vacancy will occur on the resignation, death, incapacity or absence from New Zealand territory of the Governor-General. In the absence of the Governor-General the Chief JusticeChief Justice of New Zealand
The Chief Justice of New Zealand is the head of the New Zealand judiciary, and presides over the Supreme Court of New Zealand. Before the establishment of the latter court in 2004 the Chief Justice was the presiding judge in the High Court of New Zealand and was also ex officio a member of the...
acts as the Administrator of the Government
Administrator of the Government
An Administrator in the constitutional practice of some countries in the Commonwealth is a person who fulfils a role similar to that of a Governor or a Governor-General...
, or simply Administrator in everyday usage.
Prior to the granting of responsible government in 1856, the Colonial Secretary
Colonial Secretary (New Zealand)
The Colonial Secretary of New Zealand was an office established in 1840 and abolished in 1907. The position should not be confused with the Colonial Secretary of the former Colonial Office of the United Kingdom....
(the colonial equivalent of the Minister of Internal Affairs) acted as Administrator of the Government in absence of the Governor.
Dismissal
The Prime Minister may advise the Queen to "recall" the Governor-General, and (so long as the Prime Minister has the confidence of the House of Representatives) the Queen is bound by convention to implement the advice of her Prime Minister. As no New Zealand Governor-General has ever been dismissed on the advice of the Prime Minister, it is unclear how quickly the Queen would act on such advice.Some constitutional lawyers dispute whether the Queen would implement such advice at all, while others argue that the Queen would delay its implementation. Others argue that the Queen would be obliged to follow the Prime Minister's advice, and further that the Queen would be bound to implement the Prime Minister's advice immediately if so advised.
Critics (usually supporters of a New Zealand republic) describe the ability of the Prime Minister to advise the Queen to recall the Governor-General as a flaw in New Zealand's constitutional make up that gives the Governor-General and the Prime Minister the ability to dismiss one another. They argue that this flaw is exacerbated by the reluctance of the monarch or their representatives to become politically involved. Further, they argue that the flaw means the Governor-General is unable to act as the "constitutional backstop" (a term often used to describe the office), or - as was the case with the 1975 Whitlam dismissal in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
- to resolve a deadlock the Governor-General may choose to dismiss a government despite it having the confidence of the House of Representatives.
Three New Zealand Governors have been recalled from office - William Hobson
William Hobson
Captain William Hobson RN was the first Governor of New Zealand and co-author of the Treaty of Waitangi.-Early life:...
(who died before he was officially recalled), Captain Robert FitzRoy
Robert FitzRoy
Vice-Admiral Robert FitzRoy RN achieved lasting fame as the captain of HMS Beagle during Charles Darwin's famous voyage, and as a pioneering meteorologist who made accurate weather forecasting a reality...
and Sir George Grey
George Grey
George Grey may refer to:*Sir George Grey, 2nd Baronet , British politician*George Grey, 2nd Earl of Kent *Sir George Grey , Governor of Cape Colony, South Australia and New Zealand...
, all before responsible government was granted in 1853.
Functions
The Governor-General's functions can be divided into three areas - constitutional, ceremonial and community.Constitutional role
The Governor-General is a symbolic and nominal chief executive, acting within the constraints of constitutional convention and precedent. Should the Governor-General of New Zealand attempt to exercise any powers without reference to constitutional convention and solely at personal discretion, the action would likely result in a constitutional crisis and in public outrage. Almost always, the Governor-General exercises the Royal Prerogative on the advice of the Prime Minister and other ministers. The Prime Minister and ministers are, in turn, accountable to the democratically elected House of Representatives, and through it, to the people.The Constitution Act 1986 provides that "The Governor-General appointed by the Sovereign is the Sovereign's representative in New Zealand." The Governor-General exercises a number of the remaining Royal Prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
s, and the reserve powers.
In practice, political power is exercised by the Parliament of New Zealand
Parliament of New Zealand
The Parliament of New Zealand consists of the Queen of New Zealand and the New Zealand House of Representatives and, until 1951, the New Zealand Legislative Council. The House of Representatives is often referred to as "Parliament".The House of Representatives usually consists of 120 Members of...
(which is composed of the Governor-General in Parliament
Monarchy in New Zealand
The monarchy of New Zealand also referred to as The Crown in Right of New Zealand, Her Majesty in Right of New Zealand, or The Queen in Right of New Zealand is the constitutional system of government in which a hereditary monarch is the sovereign and head of state of the Realm of New Zealand,...
, and the House of Representatives
New Zealand House of Representatives
The New Zealand House of Representatives is the sole chamber of the legislature of New Zealand. The House and the Queen of New Zealand form the New Zealand Parliament....
), through the Prime Minister
Prime Minister of New Zealand
The Prime Minister of New Zealand is New Zealand's head of government consequent on being the leader of the party or coalition with majority support in the Parliament of New Zealand...
and Cabinet
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...
. By constitutional convention, the Governor-General exercises his or her powers solely on the advice of the Prime Minister and ministers - the only exception being when the Prime Minister loses the confidence of parliament.
Although the Queen of New Zealand is also Queen of the United Kingdom, as New Zealand is a sovereign nation the British Government cannot advise the Governor-General, or otherwise interfere in New Zealand affairs. The Governor-General is bound by constitutional convention to follow the advice of the Prime Minister
Prime Minister of New Zealand
The Prime Minister of New Zealand is New Zealand's head of government consequent on being the leader of the party or coalition with majority support in the Parliament of New Zealand...
in their exercise of their powers, so long as the Prime Minister enjoys the support of the House of Representatives. Even in the appointment of the Prime Minister, the Governor-General rarely exercises any discretion, in accordance with unwritten constitutional conventions, the Governor-General must appoint the individual most likely to maintain the support of the House of Representatives: usually, the leader of the largest party or coalition of parties which has a majority in the House of Representatives
New Zealand House of Representatives
The New Zealand House of Representatives is the sole chamber of the legislature of New Zealand. The House and the Queen of New Zealand form the New Zealand Parliament....
.
The Governor-General is the representative of New Zealand's Sovereign, and may exercise most powers vested in the Crown. If the monarch is present in New Zealand, however, he or she may exercise such powers personally. Furthermore, some powers (such as the power to appoint the next Governor-General, approve a new Royal Honour etc.) may be exercised by the monarch alone. The Governor-General has custody of the Seal of New Zealand
Seal of New Zealand
The Seal of New Zealand is the official seal of New Zealand, used to authorise official instruments of government, such as Royal Warrants, writs and Letters Patent. The seal is defined by the Seal of New Zealand Act 1977...
for all official instruments of Her Majesty's Government in New Zealand.
The "powers conferred" on the Governor-General are stated in the Letters Patent 1983.
The Governor-General presides over an Executive Council
Executive Council of New Zealand
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 Prime Minister is appointed to this Council and advises as to which parliamentarians shall become ministers and parliamentary secretaries
Parliamentary Secretary
A Parliamentary Secretary is a member of a Parliament in the Westminster system who assists a more senior minister with his or her duties.In the parliamentary systems of several Commonwealth countries, such as the United Kingdom, Canada and Australia, it is customary for the prime minister to...
.
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".
The Governor-General also summons, and dissolves
Dissolution of parliament
In parliamentary systems, a dissolution of parliament is the dispersal of a legislature at the call of an election.Usually there is a maximum length of a legislature, and a dissolution must happen before the maximum time...
Parliament. Each parliamentary session begins with the Governor-General's summons. The new parliamentary session is marked by the opening of Parliament
State Opening of Parliament
In the United Kingdom, the State Opening of Parliament is an annual event that marks the commencement of a session of the Parliament of the United Kingdom. It is held in the House of Lords Chamber, usually in November or December or, in a general election year, when the new Parliament first assembles...
, during which the Governor-General reads the Speech from the Throne
Speech from the Throne
A speech from the throne is an event in certain monarchies in which the reigning sovereign reads a prepared speech to a complete session of parliament, outlining the government's agenda for the coming session...
in the Legislative Council Chamber
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:...
, outlining the Government's legislative agenda. Dissolution ends a parliamentary term (which lasts a maximum of three years), and is followed by general elections for all seats in the House of Representatives. These powers, however, are always exercised on the Prime Minister's advice. The timing of a dissolution is affected by a variety of factors; the Prime Minister normally chooses the most politically opportune moment for his or her party. The Governor-General may theoretically refuse a dissolution, but the circumstances under which such an action would be warranted are unclear. It might be justified if a minority government had served only briefly and another party seemed likely to have better success in holding the confidence of the House.
Before a bill can become law, the Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
(the monarch's approval) is required. The Governor-General acts on the Monarch's behalf; in theory, he or she may grant the Royal Assent (making the bill law), or withhold the Royal Assent (vetoing the bill). By modern constitutional convention, however, the Royal Assent is always granted, and Bills are never disallowed (see Reserve Powers below).
The Governor-General appoints and dismisses Cabinet ministers and other ministers, but exercises such a function only on the Prime Minister's advice. Thus, in practice, the Prime Minister, and not the Governor-General, exercises complete control over the composition of the Cabinet. The Governor-General may, in theory, unilaterally dismiss a Prime Minister, but convention and precedent bar such an action.
Furthermore, the Governor-General performs some of the functions normally associated with heads of state. He or she makes state visits abroad, hosts foreign heads of state, and receives ambassadors and high commissioners.
Reserve powers
The Governor-General always acts with the advice of the Prime Minister, unless the Prime Minister has lost the confidence of the House of Representatives. These are the so-called "reserve powers". These powers include the ability to:- Dissolve or prorogue Parliament;
- Appoint or dismiss Cabinet ministers and the Prime Minister;
- Refuse a Prime Minister's request for a dissolution;
- Refuse assent to legislation.
The exercise of the above powers is a matter of continuing debate. Many constitutional commentators believe that the Governor-General (or the Sovereign) does not have the power to refuse Royal assent legislation - former law professor and Prime Minister Sir Geoffrey Palmer and Professor Matthew Palmer
Matthew Palmer
Matthew Simon Russell Palmer is a prominent New Zealand legal academic and public servant. Palmer was the Pro Vice-Chancellor , Dean of Law, and Director of the New Zealand Centre for Public Law at Victoria University of Wellington from January 2001 until June 2006. He was previously Deputy...
argue any refusal of Royal Assent would lead to a constitutional crisis. Some constitutional lawyers, such as Professor Philip Joseph, believe the Governor-General does retain the power to refuse Royal Assent to Bills in exceptional circumstances - such as the abolition of democracy.
As with other Commonwealth realms, Governors-General exercise of the Royal prerogatives under the reserve powers is non-justiciable
Justiciability
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual...
, that is they cannot be challenged by Judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
, unlike the actions of other members of the executive (such as the Prime Minister in Fitzgerald v Muldoon.)
Royal Prerogative of Mercy
The Governor-General also exercises the Royal Prerogative of mercy, an ancient right of convicted persons to seek a review of their case where they allege an injustice may have occurred. The prerogative of mercy can be exercised where a person claims to have been wrongly convicted or wrongly sentenced.The Governor-General acts on the advice of the Minister of Justice. The Governor-General has power to grant a pardon, to refer a person's case back to the court under section 406 of the Crimes Act 1961
Crimes Act 1961
The Crimes Act 1961 is an Act of the Parliament of New Zealand administered by the Ministry of Justice.-Amendments:The Homosexual Law Reform Act 1986 amended the Crimes Act, allowing for consensual homosexual relationships between men....
, and to reduce a person's sentence. If a person's case is referred back to the court, the court will consider the case in a similar way to hearing an appeal. The court then provides advice to the Governor-General as to how to act. Recently, David Bain
David Bain
David Cullen Bain is a New Zealander who featured in one of the country's most notable murder cases. He was convicted in May 1995 of the murders of his parents and siblings in Dunedin on 20 June 1994...
was granted such an appeal to the Court of Appeal, which in turn was appealed to the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
.
Ceremonial role
Increasingly, the Governor-General is representing New Zealand abroad and is accorded the same respect and privileges of a head of stateHead of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
. It can be argued that the de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
head of state is the Governor-General while the de jure
De jure
De jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".De jure = 'Legally', De facto = 'In fact'....
head of state remains the Queen; historian Gavin McLean has recently described the Governor-General as a "virtual head of state".
Under the Defence Act 1990 the Governor-General is nominally Commander-in-Chief of the Defence Forces
New Zealand Defence Force
The New Zealand Defence Force consists of three services: the Royal New Zealand Navy; the New Zealand Army; and the Royal New Zealand Air Force. The Commander-in-Chief of the NZDF is His Excellency Rt. Hon...
. It is not clear whether the commanders of the armed forces could, in reality, turn to the Governor-General if they thought that the orders they were receiving from the Prime Minister and Minister of Defence were illegal or unethical, or whether the Governor-General would be justified in issuing new orders directly.
Until 1939 the Governor-General also represented the British Government, when the diplomatic functions were transferred to a High Commissioner
High Commissioner (Commonwealth)
In the Commonwealth of Nations, a High Commissioner is the senior diplomat in charge of the diplomatic mission of one Commonwealth government to another.-History:...
. This was 13 years after the Balfour Declaration
Balfour Declaration 1926
The Balfour Declaration of 1926, a report resulting from the 1926 Imperial Conference of British Empire leaders in London, was named after the British statesman Arthur Balfour, first Earl of Balfour, Lord President of the Council and a previous Prime Minister of the United Kingdom...
and after the functions were separated in the other Dominion
Dominion
A dominion, often Dominion, refers to one of a group of autonomous polities that were nominally under British sovereignty, constituting the British Empire and British Commonwealth, beginning in the latter part of the 19th century. They have included Canada, Australia, New Zealand, Newfoundland,...
s. This was due to the New Zealand belief that such a thing would promote separatism
Separatism
Separatism is the advocacy of a state of cultural, ethnic, tribal, religious, racial, governmental or gender separation from the larger group. While it often refers to full political secession, separatist groups may seek nothing more than greater autonomy...
within the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
.
Community role
The Governor-General provides leadership in the community. Governors-General are always the patrons of many charitable, service, sporting and cultural organisations. The present Governor-General is patron to nearly 200 organisations. The sponsorship or patronage of the Governor-General signals that an organisation is worthy of wide support. Many of the Governor-General's community functions also have a ceremonial dimension, such as attendance at the official openings of buildings, addresses to open conferences, or launching special events and appeals.The Governor-General spends a large share of his or her working time attending state banquets and functions, making and hosting state visits, meeting ceremonial groups, and awarding medals, decorations, and prizes.
Starting from New Year's Day 2009, the Governor-General issues a "New Year's Message" that is "to bring to attention a number of issues New Zealanders might consider as they looked to the future".
Salary and privileges
Cost
The New Zealand Government pays for the costs associated with the Governor-General. Monarchy New Zealand states "[t]his figure is about one dollar per person per year", about $4.3 million per annum. An analysis by the Republican Movement of Aotearoa New ZealandRepublican Movement of Aotearoa New Zealand
The Republican Movement of Aotearoa New Zealand is an organisation formed in 1994 whose object is to support the creation of a New Zealand republic . It is Chaired by Lewis Holden. The patron of the Movement is Keri Hulme, a New Zealand writer famous for her 1985 Booker Prize winning novel The Bone...
of the 2010 Budget shows the office of Governor-General costs New Zealand taxpayers about $7.6 million in ongoing costs and $11 million for Government House upgrades, a total of $18.6 million. These figures are disputed by Monarchy New Zealand, who claim the Republican Movement "arbitrarily inflated the cost of the Governor-General".
Salary
Until the end of Sir Anand Satyanand's term, the salary of Governor-General is regulated by the Civil List Act 1979Civil List Act 1979
The Civil List Act 1979 is a statute of the Parliament of New Zealand which defines the allowances, salaries and annuities of the Governor-General, Prime Minister, Cabinet Ministers and Members of Parliament.-Part One: Governor-General:...
. From the start of the next Governor-General's term, the Governor-General Act 2010
Governor-General Act 2010
The Governor-General Act 2010 is an Act of the New Zealand Parliament. It reformed the Governor-General of New Zealand's financial programme.- Background :...
will apply. As of 1 April 2011, the annual salary is NZ$210,309, which is subject to income tax
Income tax
An income tax is a tax levied on the income of individuals or businesses . Various income tax systems exist, with varying degrees of tax incidence. Income taxation can be progressive, proportional, or regressive. When the tax is levied on the income of companies, it is often called a corporate...
from 2010. The Governor-General's main residence is Government House, Wellington, and there is a small secondary northern residence, Government House, Auckland
Government House, Auckland
The site of the present day Government House, Auckland was first built upon in the 1880s or 1890s, although some of the trees are slightly older, dating from the 1870s...
. The houses are managed by the Official Secretary to the Governor-General
Official Secretary to the Governor-General of New Zealand
The Official Secretary to the Governor-General of New Zealand is a member in the household of the Governor-General of New Zealand. He is the general manager of Government House, Wellington and Government House, Auckland...
. Government House closed in October 2008 for a major $44 million conservation and rebuilding project and was reopened in March 2011.
Precedence and titles
In the order of precedenceNew Zealand order of precedence
The Order of precedence in New Zealand was approved by the Queen Elizabeth II on 9 January 1974, and amended to include former Governors-General on 10 September 1981...
, the Governor-General outranks all individuals except the head of state. (The Queen herself is not listed in the order of precedence.)
The Governor-General and his spouse are styled "His/Her Excellency" during his term in office. He is also entitled to the style "The Right Honourable
The Right Honourable
The Right Honourable is an honorific prefix that is traditionally applied to certain people in the United Kingdom, Canada, Australia, New Zealand, the Anglophone Caribbean and other Commonwealth Realms, and occasionally elsewhere...
" for life upon assuming the office.
The Governor-General holds the offices of Chancellor of The New Zealand Order of Merit
New Zealand Order of Merit
The New Zealand Order of Merit is an order established in 1996 "for those persons who in any field of endeavour, have rendered meritorious service to the Crown and nation or who have become distinguished by their eminence, talents, contributions or other merits."The order includes five...
and Principal Companion of the Queen's Service Order
Queen's Service Order
The Queen's Service Order was established by Queen Elizabeth II on 13 March 1975, awarded by the government of New Zealand "for valuable voluntary service to the community or meritorious and faithful services to the Crown or similar services within the public sector, whether in elected or...
.
Governor-General's flag
The Governor-General's flagFlag of the Governor-General of New Zealand
The Flag of the Governor-General of New Zealand is an official flag of New Zealand and is flown continuously in the presence of the Governor-General of New Zealand. The flag in its present from was adopted in 2008...
is a dark blue flag with the Shield of the New Zealand Coat of Arms surmounted by a Royal Crown in the centre. In heraldic terms the official description is: "A flag of a blue field thereon the Arms of New Zealand ensigned by the Royal Crown all proper". It takes precedence over all other flags, except the head of state's flag. It may be flown from a vehicle in which the Governor-General is travelling, or from a building in which the Governor-General is present or is residing. On state visits abroad, however, the Governor-General typically uses the national flag
Flag of New Zealand
The flag of New Zealand is a defaced Blue Ensign with the Union Flag in the canton, and four red stars with white borders to the right. The stars represent the constellation of Crux, the Southern Cross....
, which is a more recognisable New Zealand symbol.
Colony
James Busby
James Busby is widely regarded as the "father" of the Australian wine industry, as he took the first collection of vine stock from Spain and France to Australia. Later he become a British Resident who traveled to New Zealand, involved in the drafting of the Declaration of the Independence of New...
was assigned the post of British Resident in New Zealand. Under his direction the signing of the Declaration of Independence of New Zealand at Waitangi
Treaty of Waitangi
The Treaty of Waitangi is a treaty first signed on 6 February 1840 by representatives of the British Crown and various Māori chiefs from the North Island of New Zealand....
established the post of Governor in New Zealand. Captain William Hobson
William Hobson
Captain William Hobson RN was the first Governor of New Zealand and co-author of the Treaty of Waitangi.-Early life:...
was first appointed Lieutenant-Governor of New Zealand by Letters Patent on 24 November 1840 (having previously been the British Consul to New Zealand), when New Zealand was part of the colony of New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
. While Hobson is usually considered the first Governor of New Zealand, Sir George Gipps
George Gipps
Sir George Gipps was Governor of the colony of New South Wales, Australia, for eight years, between 1838 and 1846. His governorship was during a period of great change for New South Wales and Australia, as well as for New Zealand, which was administered as part of New South Wales for much of this...
was the first governor over New Zealand, albeit only in his capacity as Governor of New South Wales, until New Zealand was established as a separate colony on 3 May 1841. Hobson continued in office until his death on 10 September 1842. In Hobson's place the Colonial Office
Colonial Office
Colonial Office is the government agency which serves to oversee and supervise their colony* Colonial Office - The British Government department* Office of Insular Affairs - the American government agency* Reichskolonialamt - the German Colonial Office...
appointed Captain Robert FitzRoy
Robert FitzRoy
Vice-Admiral Robert FitzRoy RN achieved lasting fame as the captain of HMS Beagle during Charles Darwin's famous voyage, and as a pioneering meteorologist who made accurate weather forecasting a reality...
. FitzRoy struggled to keep order between Māori and settlers keen to buy their land, with very limited financial and military resources at his disposal. His conflicts with the New Zealand Company
New Zealand Company
The New Zealand Company originated in London in 1837 as the New Zealand Association with the aim of promoting the "systematic" colonisation of New Zealand. The association, and later the company, intended to follow the colonising principles of Edward Gibbon Wakefield, who envisaged the creation of...
settlements over land deals lead to his recall in 1845. FitzRoy's replacement, Sir George Grey
George Grey
George Grey may refer to:*Sir George Grey, 2nd Baronet , British politician*George Grey, 2nd Earl of Kent *Sir George Grey , Governor of Cape Colony, South Australia and New Zealand...
, is considered by some historians, such as Michael King
Michael King
Michael King, OBE was a New Zealand popular historian, author and biographer. He wrote or edited over 30 books on New Zealand topics, including The Penguin History of New Zealand, which was the most popular New Zealand book of 2004.-Life:King was born in Wellington to Eleanor and Commander Lewis...
, to be the most important and influential Governor of New Zealand. Grey was the last Governor of New Zealand to act without reference to parliament. During his first term (1845–1852), Grey petitioned the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
to largely suspend the complex New Zealand Constitution Act 1846
New Zealand Constitution Act 1846
The New Zealand Constitution Act 1846 was an Act of the Parliament of the United Kingdom intended to grant self-government to the colony of New Zealand, but it was never fully implemented...
(Grey briefly took the title Governor-in-Chief under the Act but this was eventually reverted back to Governor), drafting his own constitution bill, which became the New Zealand Constitution Act 1852
New Zealand Constitution Act 1852
The New Zealand Constitution Act 1852 was an Act of the Parliament of the United Kingdom that granted self-government to the colony of New Zealand...
. Grey's first term ended before responsible government was implemented.
That task was left to the Administrator of the Government
Administrator of the Government
An Administrator in the constitutional practice of some countries in the Commonwealth is a person who fulfils a role similar to that of a Governor or a Governor-General...
, Robert Wynyard
Robert Wynyard
Sir Robert Henry Wynyard was a New Zealand colonial administrator, serving at various times as Lieutenant Governor of New Ulster Province, Administrator of the Government, and was the first Superintendent of Auckland Province.-Lieutenant Governor of New Ulster:From 26 April 1851 to 7 March 1853,...
who opened the 1st New Zealand Parliament
1st New Zealand Parliament
The 1st New Zealand Parliament was a term of the Parliament of New Zealand. It opened on 24 May 1854, following New Zealand's first general election . It was dissolved on 15 September 1855 in preparation for that year's election...
on 24 May 1854. Wynyard was quickly confronted by the demands of the new parliament that the parliament be able to appoint its own ministers, instead of the governor. The parliament passed a resolution to that effect on 2 June. Wynyard and the Executive Council of New Zealand
Executive Council of New Zealand
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...
refused to allow this, stating that the Colonial Office made no mention of responsible government in its dispatches. Wynyard then offered to add some elected members of parliament to the Executive Council, which he did - a compromise that worked for a few weeks, until on 1 August 1854, Parliament again demanded complete power to appoint ministers. Wynyard refused, and prorogued parliament for two weeks. Then on 31 August he appointed more elected members to the Executive Council, but when parliament met again on 8 August 1855, it moved a motion of no confidence in the members. Fortunately for Wynyard the next Governor, Sir Thomas Gore Browne
Thomas Gore Browne
Colonel Sir Thomas Robert Gore Browne KCMG CB was a British colonial administrator, who was Governor of St Helena, Governor of New Zealand, Governor of Tasmania and Governor of Bermuda.-Early life:...
, arrived on 6 September 1855. Gore Browne's tenure saw the introduction of responsible government, which greatly reduced the powers of the Governor. In the following years, Gore Browne and Premier Edward Stafford
Edward Stafford (politician)
Sir Edward Stafford, KCMG served as the third Premier of New Zealand on three occasions in the mid 19th century. His total time in office is the longest of any leader without a political party. He is described as pragmatic, logical, and clear-sighted.-Early life and career:Edward William Stafford...
clashed over whether the Governor (and hence the imperial government) had control over Māori affairs, a key issue at the time. Stafford began the practice of Cabinet
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...
meeting independently of the Executive Council, further reducing the influence of the Governor. Sir George Grey returned to New Zealand in 1861 for a second term. Grey struggled to meet the competing demands of the Colonial and British governments. The New Zealand Land Wars
New Zealand land wars
The New Zealand Wars, sometimes called the Land Wars and also once called the Māori Wars, were a series of armed conflicts that took place in New Zealand between 1845 and 1872...
had brought many British troops to New Zealand, and fearing further fighting Grey, with the support of Edward Stafford, evaded Colonial Office instructions to finalise their return to Britain. In the end the Colonial Office recalled Grey in February 1868.
Governor
After Grey, successive Governors of New Zealand were derived from the British aristocracy and played a much less active role in government. In only a few instances did the Governor refuse the advice of the Premier - ironically mainly during the tenure of Sir George Grey as Premier of New Zealand from 1877 to 1879. One famous instance of the use of the Governor's powers came during the term of Sir Arthur Gordon. Sir Arthur had left New Zealand on 13 September 1881 for a visit to the Pacific Islands. In his absence, the Premier John HallJohn Hall (New Zealand)
Sir John Hall was born in Kingston upon Hull, England, and later became the 12th Prime Minister of New Zealand. He was also Mayor of Christchurch.-Migration to New Zealand:...
advised the Chief Justice
Chief Justice of New Zealand
The Chief Justice of New Zealand is the head of the New Zealand judiciary, and presides over the Supreme Court of New Zealand. Before the establishment of the latter court in 2004 the Chief Justice was the presiding judge in the High Court of New Zealand and was also ex officio a member of the...
James Prendergast
James Prendergast (judge)
Sir James Prendergast GCMG was the third Chief Justice of New Zealand. Prendergast was the first Chief Justice to be appointed on the advice of a responsible New Zealand government, but is chiefly noted for his far-reaching decision in Wi Parata v The Bishop of Wellington in which he described the...
acting as the Administrator of the Government
Administrator of the Government
An Administrator in the constitutional practice of some countries in the Commonwealth is a person who fulfils a role similar to that of a Governor or a Governor-General...
(Prendergast was well known for his views on Maori from his decision in the case Wi Parata v the Bishop of Wellington
Wi Parata v the Bishop of Wellington
Wi Parata v the Bishop of Wellington was a New Zealand court case of 1877 which ruled that the Treaty of Waitangi was a "simple nullity" having been signed by "primitive barbarians"....
), to order the invasion of the Maori pacifist Te Whiti o Rongomai
Te Whiti o Rongomai
Te Whiti o Rongomai III was a Māori spiritual leader and founder of the village of Parihaka, in New Zealand's Taranaki region.-Biography:...
's village at Parihaka
Parihaka
Parihaka is a small community in Taranaki Region, New Zealand, located between Mount Taranaki and the Tasman Sea. In the 1870s and 1880s the settlement, then reputed to be the largest Māori village in New Zealand, became the centre of a major campaign of non-violent resistance to European...
, something the Governor had indicated he was opposed to.
Governor-General
In 1907 Sir Joseph WardJoseph Ward
Sir Joseph George Ward, 1st Baronet, GCMG was the 17th Prime Minister of New Zealand on two occasions in the early 20th century.-Early life:...
's Liberal government
First Liberal Government of New Zealand
The First Liberal Government of New Zealand was the first responsible government in New Zealand politics organised along party lines. The Government formed following the founding of the Liberal Party and took office on the 24 January 1891, and governed New Zealand for over 21 years until 10 July...
passed a resolution to create New Zealand as the Dominion of New Zealand
Dominion of New Zealand
The Dominion of New Zealand is the former name of the Realm of New Zealand.Originally administered from New South Wales, New Zealand became a direct British colony in 1841 and received a large measure of self-government following the New Zealand Constitution Act 1852...
. This led to new letters patent being issued in 1917, which greatly curtailed the powers of the Governor. To reflect these changes, the office was renamed Governor-General (equivalent to Governors-General of other Commonwealth countries), with the Earl of Liverpool
Arthur Foljambe, 2nd Earl of Liverpool
-References:...
, the serving Governor, being the first Governor-General.
In 1926, following the King-Byng affair
King-Byng Affair
The King–Byng Affair was a Canadian constitutional crisis that occurred in 1926, when the Governor General of Canada, the Lord Byng of Vimy, refused a request by his prime minister, William Lyon Mackenzie King, to dissolve parliament and call a general election....
in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, an Imperial Conference approved the Balfour declaration, which defined a British Commonwealth as a freely associated grouping known as the Commonwealth of Nations
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
. The declaration was ratified by the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
with the Statute of Westminster 1931
Statute of Westminster 1931
The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom. Passed on 11 December 1931, the Act established legislative equality for the self-governing dominions of the British Empire with the United Kingdom...
. The effect of the Declaration was to elevate the Governor-General from a representative of the British government to a regal position with all the theoretical constitutional powers of the Sovereign. New Zealand did not ratify the statute until after the Second World War however, with the Statute of Westminster Adoption Act 1947
Statute of Westminster Adoption Act 1947
The Statute of Westminster Adoption Act 1947 was a constitutional Act of the New Zealand Parliament that formally accepted the full external autonomy offered by the British Parliament...
being passed on 25 November 1947.
Despite adopting the statute later than most other Commonwealth realms, the functions of the Governor-General in representing the British government were gradually reduced prior to the statute passing. In 1939 Britain appointed its own High Commissioner to New Zealand, Government House ceased to be the official communications channel with Britain in 1941. In 1945 Labour Prime Minister
Prime Minister of New Zealand
The Prime Minister of New Zealand is New Zealand's head of government consequent on being the leader of the party or coalition with majority support in the Parliament of New Zealand...
Peter Fraser suggested that Sir Bernard Freyberg, the British-born commander of New Zealand's armed forces be appointed Governor-General. Until 1967 the precedent was that Governors-General were nominated by the Foreign and Commonwealth Office
Foreign and Commonwealth Office
The Foreign and Commonwealth Office, commonly called the Foreign Office or the FCO is a British government department responsible for promoting the interests of the United Kingdom overseas, created in 1968 by merging the Foreign Office and the Commonwealth Office.The head of the FCO is the...
in consultation with the New Zealand Prime Minister, who then recommended appointments to the Sovereign.
New Zealand Governors-General
In 1967 the first New Zealand-born Governor-General, Lord PorrittArthur Porritt, Baron Porritt
- External links :* * *...
, was appointed to the office, on the advice of Sir Keith Holyoake. Porritt's appointment was followed by Sir Denis Blundell
Denis Blundell
-Bibliography:* The Story of Bell Gully Buddle Weir by Julia Millen ISBN 1-86934-026-4-External links:* *...
in 1972, who was the first fully New Zealand-resident Governor-General. The appointment of his successor, former Prime Minister Sir Keith Holyoake
Keith Holyoake
Sir Keith Jacka Holyoake, KG, GCMG, CH, QSO, KStJ was a New Zealand politician. The only person to have been both Prime Minister and Governor-General of New Zealand, Holyoake was National Party Prime Minister from 20 September 1957 to 12 December 1957, then again from 12 December 1960 to 7...
proved highly controversial, although Holyoake's tenure itself was uncontroversial. In 1983, letters patent were issued once again, further reducing the powers of the office. Following the 1984 constitutional crisis
1984 New Zealand constitutional crisis
The New Zealand constitutional crisis of 1984 was an important constitutional and political event in the history of New Zealand. The crisis arose following the 1984 general election, and was caused by a major currency crisis.-Background:...
, the 1852 Constitution Act was replaced by the Constitution Act 1986 and the Governor-General's powers further limited - for example, section 16 of the 1986 Act significantly narrowed section 56 of the 1852 Act so that the Governor-General has much less discretion to refuse Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
to Bills of parliament.
De facto head of state
Increasingly, the Governor-General is regarded as a de facto head of state. Political commentator Colin JamesColin James (journalist)
Colin James is a New Zealand political journalist and commentator. He is a life member of the New Zealand Parliament's press gallery.James writes a monthly column in Management Magazine, previously wrote a weekly column in The New Zealand Herald, and often speaks on television and radio...
has expressed this view, along with historian Gavin McLean and former Prime Minister Helen Clark. The Governor-General has been performing more and more of the functions of a head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
, such as representing New Zealand overseas (a duty Governors-General have carried out since Sir Denis Blundell
Denis Blundell
-Bibliography:* The Story of Bell Gully Buddle Weir by Julia Millen ISBN 1-86934-026-4-External links:* *...
was in office). For example, at the 2007 commemorations of the Battle of Passchendaele, the Governor-General Anand Satyanand
Anand Satyanand
Sir Anand Satyanand, GNZM, QSO, KStJ was the 19th Governor-General of New Zealand. He previously worked as a lawyer, judge and ombudsman.-Early life and family:...
represented New Zealand on behalf of the Queen, while the Queen represented the United Kingdom.
Reform of the office is usually only mentioned in the context of a New Zealand republic
Republicanism in New Zealand
Republicanism in New Zealand is a theoretical political concept, the implementation of which would result in changing New Zealand's current constitutional monarchy to that of a republic...
. Helen Clark, when defending Dame Silvia Cartwright
Silvia Cartwright
Dame Silvia Rose Cartwright, PCNZM, DBE, QSO, DStJ was the 18th Governor-General of New Zealand.She is a graduate of the University of Otago, where she gained her LL.B degree in 1967, and a former student at Otago Girls' High School.- Public life and family :In 1989, she became the first female...
following a political controversy over prison sentences, stated "[o]ne of the challenges for us is we clearly are no longer a dominion of Britain where the Governor-General is exactly like the Queen. I think we need to consider how the role of governor-general might evolve further. As you know, my view is that one day there will be a president fulfilling the kind of role the governor-general does." Others, such as Professor Noel Cox have argued that the Governor-General's role needs to be updated, rather than reforming the office. Some constitutional academics expressed concern that the process of electoral reform
Electoral reform in New Zealand
Electoral reform in New Zealand has, in recent years, become a political issue as major changes have been made to both Parliamentary and local government electoral systems.- Parliamentary Electoral Reform :...
could result in the Governor-General having greater political influence. In 1993, the then Governor-General Dame Catherine Tizard
Catherine Tizard
Dame Catherine Anne Tizard, was Mayor of Auckland City and the 16th Governor-General of New Zealand, the first woman to hold either office.-Early life:...
caused controversy by suggesting that under the proposed Mixed Member Proportional (MMP) electoral system, the Governor-General may have to use their reserve powers more often. Following the adoption of MMP at a referendum later in 1993, Prime Minister Jim Bolger
Jim Bolger
James Brendan "Jim" Bolger, ONZ was the 35th Prime Minister of New Zealand from 1990 to 1997. Bolger was elected on the promise of delivering a "Decent Society" following the previous Labour government's economic reforms, known as Rogernomics...
suggested at the opening of parliament in 1994 that one reason New Zealand might move to a republic was that the Governor-General would have more influence under the new electoral system.
In December 2009 a review of the Civil List Act 1979 by the Law Commission recommended that part 1 of the Act be repealed, and replaced with a new Governor-General Bill to reflect the nature of the modern office of Governor-General. The most significant change would be that the Governor-General was no longer exempt from paying income tax on their salary. The changes proposed in the report would take effect for the appointment and term of the next Governor-General. The Bill was introduced into Parliament on 28 June 2010 and was granted Royal Assent on 22 November 2010.
The Bill passed its first reading unanimously, and the Republican Movement launched 'New Zealand's Next Governor-General' to create a "citizens process" for selecting the next Governor-General.
See also
- List of Governors-General of New Zealand
- Constitution of New ZealandNew Zealand constitutionThe constitution of New Zealand consists of a collection of statutes , Treaties, Orders in Council, letters patent, decisions of the Courts and unwritten constitutional conventions...
- Monarchy of New Zealand
- Republicanism in New ZealandRepublicanism in New ZealandRepublicanism in New Zealand is a theoretical political concept, the implementation of which would result in changing New Zealand's current constitutional monarchy to that of a republic...
- British honours systemBritish honours systemThe British honours system is a means of rewarding individuals' personal bravery, achievement, or service to the United Kingdom and the British Overseas Territories...
and New Zealand Honours System for explanation of honours.