Gavin Howe
The Parliament of New Zealand, comprising the House of Representatives and the Governor-General, is the country's supreme law-making body. The process of making new laws begins with the drafting of bills, which are proposals for new laws. These bills are then considered and scrutinised in several stages by the Parliament. If a bill passes through all these stages, it becomes an Act of Parliament, thereby enacting a new law. The judiciary, composed of independent judges and judicial officers, is responsible for interpreting and applying the law through the court system. The Governor-General, appointed by the King, possesses prerogative powers and can appoint and dismiss members of the Executive Council and Ministers of the Crown. The King and Governor-General typically act on the advice of the Prime Minister or Ministers supported by the House of Representatives.
| Characteristics | Values |
|---|---|
| The supreme law-making body of New Zealand | Parliament |
| The King's powers in New Zealand | Conferred on the Governor-General |
| The Governor-General's role | Exercises prerogative powers, appoints and dismisses members of the Executive Council and Ministers of the Crown |
| The Minister of Justice's role | Administers all legislation relating to courts |
| The Judiciary's role | Keeps the balance between the power of the government and the rights and responsibilities of New Zealanders |
| The Judiciary's independence | Cannot be influenced by Parliament or the executive |
| The Judiciary's composition | New Zealand judges and judicial officers appointed by the Governor-General on the recommendation of the Attorney-General |
| New laws begin as | Bills (drafts of proposed new laws) |
| Bills become laws | If they pass through all stages and become Acts of Parliament |
| Separation of powers | Each branch of the government (executive, legislature, and judiciary) must perform only those functions associated with that branch |
| Representative democracy | Members of the House of Representatives are chosen through free and fair elections |
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What You'll Learn
The role of the Governor-General
The Governor-General of New Zealand is appointed by the monarch, on the advice of the New Zealand Prime Minister, to carry out constitutional and ceremonial duties within the country. The Governor-General is delegated the sovereign's royal prerogative, including the reserve powers, on behalf of the sovereign. This means that the Governor-General exercises all of the executive authority of the New Zealand monarch, except for the appointment of the governor-general.
The Governor-General has several constitutional functions, including presiding over the Executive Council, appointing ministers and judges, granting royal assent to legislation, and summoning and dissolving parliament. These functions are generally exercised only according to the advice of the elected government. The Governor-General also holds investiture ceremonies for New Zealand Royal Honours on behalf of the King.
The Governor-General is expected to abide by the outcome of the government formation process and ensure that there is a clear and public statement that a political agreement has been reached and that a government can be formed with the support of the new parliament. The Governor-General has reserve powers, which are rarely used, to dismiss a Prime Minister, force a dissolution of parliament, call new elections, refuse a Prime Minister's request for an election, and refuse assent to legislation.
The Governor-General also has an important role in the business of the government, including being informed and consulted, and advising and warning ministers. The office has symbolic, unifying, and representative roles, as well as significant legal powers. The Governor-General is supported administratively by the Department of the Prime Minister and Cabinet.
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The Minister of Justice
The current Minister of Justice is Paul Goldsmith, who assumed office on 27 November 2023. The first Minister of Justice was appointed in 1870, and two years later, in 1872, the Department of Justice was created. The Minister of Justice administers all legislation relating to courts, ensuring that all processes involved in running the courts comply with the relevant law. The Minister of Justice works alongside the New Zealand Law Commission, which offers advice on legal and justice issues.
The Ministry of Justice operates through specialised policy teams that provide comprehensive legal advice to the Government. These teams conduct research and evaluations of policies concerning civil, criminal, and constitutional law. They also address complex issues related to the Treaty of Waitangi negotiations. The Ministry is the only agency in New Zealand's public sector that works across all three arms of government, aiding the independent judiciary, the executive, and the legislative branches.
The Ministry of Justice's Strategic Leadership Team is led by Andrew Kibblewhite, the Secretary for Justice. The team plays a crucial role in developing and maintaining relationships with the judiciary, ministers, and other justice sector agencies. They also work closely on budgets for the justice sector and aim to lead respective agencies with a united purpose.
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The judiciary
There are two main sources of law in New Zealand: statutes (the laws passed by Parliament) and 'common law'. Common law has been developed by judges over the centuries and may be amended and developed by the courts to meet changing circumstances. Parliament may repeal, modify, or develop common law by statute. While the courts must apply statutes, they may first need to interpret what they mean.
The independence of the judiciary is essential to ensuring that judges are subject only to the law and can make decisions without influence from other branches of government. This separation of powers helps to prevent the concentration of power in one branch and reduces the potential for abuse. It also enables proper judicial scrutiny and upholds the rule of law, which states that everyone is equal before the law and subject to it.
The New Zealand Bill of Rights Act 1990 (NZBORA) affirms, protects, and promotes human rights and fundamental freedoms in New Zealand. The senior courts have the power to declare a particular provision in legislation inconsistent with NZBORA.
The courts are generally open to the public to maintain transparency and public confidence in the justice system. This is referred to as the principle of 'open justice'. The funding and administration of the courts are provided by the Executive through the Ministry of Justice, which does not influence judges' decision-making.
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Parliamentary sovereignty
The New Zealand Parliament, comprising the House of Representatives and the Governor-General, is the supreme law-making body. The House of Representatives holds significant influence, with the exclusive power to regulate its procedures. Members of the House of Representatives are chosen through free and fair elections, where almost all citizens and permanent residents can vote and stand for election, subject to the restrictions in the Electoral Act 1993. The legislature's role in democratic participation and debate provides a strong justification for its sovereign law-making status.
The legislature's power to amend the constitution is constrained by law, convention, practice, and public acceptance. Certain key elements of the electoral system, such as the term of parliament, voting age, and methods of voting, can only be amended with the approval of the people in a referendum or with the agreement of three-quarters of the Members of Parliament.
The judiciary, composed of judges and judicial officers appointed by the Governor-General on the recommendation of the Attorney-General, plays a crucial role in maintaining the balance of power. They are independent and cannot be influenced by Parliament or the executive. Judges interpret and apply the law through the court system, ensuring that everyone, including the government, is subject to the law and accountable for their actions.
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Constitutional principles
New Zealand's constitution is based on several key constitutional principles. These include the rule of law, parliamentary sovereignty, separation of powers, and representative democracy.
The rule of law dictates that everyone is subject to the law, including the government and its institutions. This means that people and institutions that wield power must act within legal limits and be accountable for their actions. All people are equal before the law, and it should be publicly accessible and easily understandable.
Parliamentary sovereignty refers to the role of Parliament as the supreme law-making body in New Zealand. It comprises the House of Representatives, whose members are chosen through free and fair elections, and the Governor-General, who is appointed by the King. Parliament considers and passes bills, which are drafts of proposed new laws. If a bill passes through all the required stages, it becomes an Act of Parliament, or a new law.
The principle of separation of powers dictates that each branch of the government—the executive, legislature, and judiciary—must perform only the functions associated with its branch. This prevents the concentration of power in one branch and reduces the potential for abuse. While there is a functional overlap between the executive and legislative branches, with ministers being members of Parliament, there is still a separation that allows the legislature to hold the executive accountable.
Representative democracy is facilitated through free and fair elections, where almost all citizens and permanent residents can vote and stand for election. This allows for democratic participation and debate, ensuring that the government's policies reflect the will of the people.
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Frequently asked questions
The Parliament of New Zealand, comprising the House of Representatives and the Governor-General, is the supreme law-making body in the country.
New laws begin as bills, which are drafts of proposed new laws. These bills are subject to public debate and scrutiny and can be changed before they pass through all the formal stages to become an Act of Parliament.
The Governor-General exercises the prerogative powers of the Sovereign and can appoint and dismiss members of the Executive Council and Ministers of the Crown. While the King or Governor-General is free to take steps as a matter of law, they usually do so on the advice of the Prime Minister or Ministers who have the support of the House of Representatives.
The judiciary, comprising judges and judicial officers, is independent of the government and ensures a balance between the power of the government and the rights of New Zealanders. Judges interpret and apply the law through the court system by hearing and deciding cases.
Yes, there is a separation of powers between the executive, legislative, and judicial branches of the New Zealand government. This means that each branch has specific functions and cannot intrude on the others' roles. Additionally, certain key elements of the electoral system can only be amended with the approval of the people in a referendum or with the agreement of three-quarters of the Members of Parliament.
