Executive Council of New Zealand
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The Executive Council of New Zealand (Māori: Te Komiti Matua o Aotearoa) is the full group of "responsible advisers"[1] to the governor-general, who advise on state and constitutional affairs. All government ministers must be appointed as executive councillors before they are appointed as ministers; therefore all members of Cabinet are also executive councillors. The governor-general signs a warrant of appointment for each member of the Executive Council, and separate warrants for each ministerial portfolio.
To be an executive councillor, one must normally be a member of
Origin
The Executive Council of New Zealand was first constituted in 1840 by proclamation of Governor William Hobson, who designated it as the principal advisory body in the administration of the government.[4]
Function
The Executive Council's primary function is to issue
According to the Cabinet Manual:[6]
- The Executive Council, which is constituted by the Letters Patent, is the highest formal instrument of government. It is the institution through which the government collectively and formally advises the Governor-General.
- Action by the Governor-General in Council requires two elements:
- a. a recommendation by a Minister or Ministers (that is, a member or members of the Executive Council); and
- b. the advice and consent of the Executive Council that the Governor-General in Council act in accordance with the Minister's recommendation.
- Orders in Council are the main method, apart from Acts of Parliament, by which the government implements decisions that require the force of law. Meetings of the Executive Council are called for the purpose of making such Orders and carrying out other formal acts of state.
- The submission of almost all items for consideration by the Executive Council must be authorised by Cabinet.
Meetings
The Executive Council meets every Monday to sign Orders in Council (regarding regulations and appointments, for example), and may also informally brief the governor-general on political developments and constitutional issues that have arisen.[2] Any three members of the Executive Council constitute a quorum.[7]
The clerk of the Executive Council (who is also the Cabinet secretary) is appointed by the governor-general on advice of the prime minister, and is responsible for attending all meetings of the Council and keeping records of its meetings, as well as for co-coordinating any official support or advice to the governor-general. The clerk also countersigns any Order in Council, proclamation, or other legal instrument issued by the governor-general.[2]
Governor-General-in-Council
The Executive Council was created to
Distinction from Cabinet
Members of the Executive Council are referred to as
One of the first instances in which a minister of the Crown did not hold a seat in Cabinet occurred when
There have also been
See also
- Constitution of New Zealand
- Executive Council (Commonwealth countries)
- Privy Council, for similar institutions in other monarchies
References
- ^ a b "Letters Patent Constituting the Office of Governor-General of New Zealand 1983, as amended in 1987 and 2006". New Zealand Legislation. Parliamentary Counsel Office. Retrieved 1 October 2019.
- ^ a b c New Zealand Department of the Prime Minister and Cabinet. "Executive Council". Retrieved 25 January 2014.
- ^ Government of New Zealand. "Ministers; Appointment (paragraph 2.17)". Cabinet Manual 2008. Retrieved 25 January 2014.
- ^ "No. 24. — Proclamation by His Excellency Captain Hobson, Governor and Commander-in-Chief in and over the Colony of New Zealand and its Dependencies, &c., of the appointment of the Governor and Councils | NZETC". nzetc.victoria.ac.nz. Retrieved 29 July 2023.
- ^ Hamer, David. "The executive government". Department of the Senate (Australia). Retrieved 25 January 2014.
- ^ Government of New Zealand. "Executive Council". Cabinet Manual 2008. Retrieved 25 January 2014.
- ^ "Meetings of Executive Council". Department of the Prime Minister and Cabinet. 23 June 2017. Retrieved 1 October 2019.
- ^ "Executive Council – Cabinet Manual". Department of the Prime Minister and Cabinet. Retrieved 1 September 2016.
- ^ a b c Quentin-Baxter & McLean 2017, p. 143.
- ^ Quentin-Baxter & McLean 2017, p. 161.
- ^ a b "The Role of Foreign Minister". beehive.govt.nz. Government of New Zealand. Retrieved 2 October 2019.
- ^ Eichbaum, Chris. "Ministers inside and outside cabinet". Te Ara: The Encyclopedia of New Zealand. Retrieved 5 October 2020.
Sources
- ISBN 978-1-869-40875-6.
External links
- Information on the Executive Council at the website of the New Zealand Department of the Prime Minister and Cabinet.
- "Executive Council" paragraphs 1.18 through 1.29 of the New Zealand Cabinet Manual 2008, setting out the composition, powers, and responsibilities of the Council.