Governor-General of New Zealand - Functions - Constitutional Role

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 Prerogatives, 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 (regulations), 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.