Governor-General of New Zealand
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The Governor-General of New Zealand is the representative of the New Zealand Monarch (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 "The 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 include appointing ministers and judges, dissolving Parliament, giving Royal Assent to legislation, issuing writs for elections and bestowing honours. All the Governor-Generals 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.
The incumbent Governor-General of New Zealand is Dame Silvia Cartwright., who has served since 4 April 2001. She was appointed on the advice of Labour Prime Minister Helen Clark to replace The Rt Hon. Sir Michael Hardie Boys. Dame Silvia is New Zealand’s second female Governor-General.
Appointment
Appointment to the Office is made by the Queen (in her capacity as Queen of New Zealand) on the advice of the Prime Minister to the Queen. The Prime Minister's advice is usually the result of a decision by Cabinet; hence the appointment of the Governor-General is made by the executive of the Government of the day. By convention the Leader of the Opposition is also consulted on the appointment.
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 then sitting Minister of State was controversially appointed as Governor-General. The Lange Labour government appointed Sir Paul Reeves, a former campaigner for the "Citizens for Rowling" campaign, Governor-General in 1985, and in 1990 Dame Catherine Tizard, a former Labour Mayor of Auckland and former wife of Labour Deputy Prime Minister Bob Tizard, was appointed to the role. Despite their political backgrounds, none of these appointments could be said to have discharged their duties in a partisan way. In 2004 National MP Richard Worth, an avowed Royalist, suggested the next Governor-General should be Prince Edward.
Judge Anand Satyanand has been announced as the next Governor-General. He is to be sworn in on Wednesday 23 August.
Election proposal
From time to time, there have been proposals to elect the Governor-General. When first drafted, 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 however, probably because the Colonial Office wanted to keep a check on New Zealand's Colonial government. In 2006 political commentator Colin James suggested that the Governor-General could be elected [1] (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 transperant. Such a system is not unusal, the Governor-Generals of Papua New Guinea and the Solomon Islands are nominated in such a way. Constitutional law specialist Professor Noel Cox, who is also the Chairman of the Monarchist League, critised 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 Governor-Generals. ...the Governor-Generals would have their own independent popular mandate, and become potential political rivals of the Ministers" [2].
Tenure
The Governor-General holds office at the "pleasure" (per clause II of the Letters Patent) of the Queen, 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 the Vice-Regal's tenure. For instance, Dame Silvia Cartwright would have been in office for five years on 4 April 2006, but her appointment 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". [1]
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, it is unclear how quickly the Queen would act on such advice. Some constitutional lawyers dispute whether the Queen would implement such advice, while others argue that the Queen would delay its implementation.
Critics point to the ability of the Prime Minister to advise the Queen to recall the Governor-General as:
The flaw in [New Zealand’s] constitutional make up that allows both the Governor-General and the Prime Minister the ability to dismiss one another. This flaw is exacerbated by the reluctance of the monarch or their representatives to become politically involved.
— Lewis Holden, [2]
They argue that the alleged "flaw" means that the Governor-General is unable to act as the "constitutional backstop" the office is often described as, or (as was the case with the Whitlam dismissal in Australia) the Governor-General may have to dismiss a legitimate government to resolve a situation.
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.
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 Justice acts as the Administrator of the Government, or simply Administrator in everyday usage.
Political role
As New Zealand is a constitutional monarchy, the Governor-General's role is almost always limited to ceremonial and non-partisan functions. The Constitution Act 1986 provides that a "The Governor-General appointed by the Sovereign is the Sovereign's representative in New Zealand." The Governor-General exercises a number of the renaming Royal Perogatives, and the so-called 'reserve powers'.
In practice, most political power is exercised by the Parliament of New Zealand (which is composed of the Crown, and the House of Representatives), and by the Prime Minister and Cabinet. By constitutional convention, the Governor-General exercises his or her powers, with very few exceptions, solely on the advice of the Prime Minister and other ministers. 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 Queen does retain all executive power and her Royal Prerogative, but she very rarely personally intervenes in New Zealand politics, either; most of her duties being exercised by the Governor-General, though she does alone hold the power to appoint a Governor-General, but does so only on the advice of the New Zealand Prime Minister.
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 leader of the largest party or coalition of parties which has a majority in the House of Representatives.
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 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.
Functions
The Governor-General is the representative of the New Zealand monarch, 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.
Every power conferred on the Governor-General by or under any Act is a royal power which is exercisable by the Governor-General on behalf of the Sovereign, and may accordingly be exercised either by the Sovereign in person or by the Governor-General.
— Section 3 of the Constitution Act, [3]
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".
Every reference in any Act to the Governor-General in Council or any other like expression includes a reference to the Sovereign acting by and with the advice and consent of the Executive Council.
— Section 3 of the Constitution Act, [4]
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, 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.
People tend to think the office of the Governor-General is of little significance, which is wrong, or that it represents a substantial check on the excesses of executive government, which is also wrong
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 has two options: he or she may grant the Royal Assent (making the bill law), withhold the Royal Assent (vetoing the bill). By modern constitutional convention, however, the Royal Assent is always granted, and bills are never disallowed.
The Governor-General also has the power to appoint ministers, judges, and other officials. Effectively, however, the appointees are chosen by the Prime Minister or other ministers.
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.
Ceremonial role
Representing New Zealand
Increasingly, the Governor-General is representing New Zealand abroad and is accorded the same respect and privileges of a Head of state. 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.
The Governor-General is nominally Commander-in-Chief of the Defence Forces. [5] .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.
The Governor-General also represented the British Government until 1939, 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 Dominions. This was due to the New Zealand belief that such a thing would promote separatism within the British Empire.
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 ).
Reserve powers
The Queen has the power to appoint and dismiss Ministers and other important office holders, summon and dissolve Parliament, assent to Bills passed by the House of Representatives, and agree to regulations and Orders submitted by Ministers through Executive Council. The Queen delegates most of her powers to her representative, the Governor-General. While the Queen and her representative exercise these powers as a matter of law, as a matter of convention, both the Queen and the Governor-General act on the advice of the democratically elected government, in all but the most exceptional circumstances.
— Speech by the Governor-General; Dame Silvia Cartwright
In certain circumstances (such as where a Prime Minister has lost a vote of confidence) the Governor-General may act without the advice of the Prime Minister. These are the so-called "reserve powers". These powers include the ability to:
- Dissolve or prorogue Parliament;
- Appoint a Government;
- Dismiss a Government;
- Appoint the Prime Minister;
- Dismiss the Prime Minister;
- Refuse a Prime Minister’s request for an election;
- 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 legislation, for example.
Royal Prerogative of Mercy
The Governor-General also exercises the Royal Prerogative of mercy, an ancient right to for 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, 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. Recently, convicted murderer David Bain was granted such an appeal to the Privy Council.
Precedence and privileges
In the order of precedence, the Governor-General outranks all individuals except the monarch. (While the Queen herself is not listed in the order of precedence, as Queen of New Zealand she holds the highest precedence in New Zealand). While in office the Governor-General, as well as his or her spouse, is styled "His Excellency" or "Her Excellency." However the term "Excellency" is dropped once they vacate the position. During his or her term in 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[6].
Recent changes have meant that Governors-General will now receive the title The Honourable upon assuming the office. This is gained for life and is retroactive which means that former living Governors-General will be allowed this honour if they are not already a holder or a Privy Councillor which holds the higher title of The Right Honourable [7].
The Governor-General's flag is a flag consisting of the Royal Crest (a crowned lion standing on St Edward's Crown) on a royal blue ground, and the words New Zealand on a scroll below the Crest, the design was adopted in 1931. The flag takes precedence over all other flags, save only the Queen's Personal New Zealand Flag. The flag 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 recognizable New Zealand symbol.
The salary of Governor-General is regulated by the Civil List Act 1979, as of 2006 The salary is $170,600 a year, and that is exempt from income tax. [8]
The Governor-General's main residence is Government House, Wellington, and there is a small secondary northern residence, Government House, Auckland. The Acting Official Secretary is Don Smith [9].
References
- ^ http://www.labour.org.nz/labour_team/helen_clark/news/GGtermextended31jan2005/index.html Press release] New Zealand Labour Party
- ^ HOLDENREPUBLIC MAD: Mutually Assured Dismissal /
- ^ http://legislation.govt.nz/
- ^ http://legislation.govt.nz/
- ^ http://www.ssc.govt.nz/display/document.asp?navid=82&docid=2777&pageno=4
- ^ http://www.gg.govt.nz/media/speeches.asp?type=current&ID=274
- ^ http://www.beehive.govt.nz/ViewDocument.aspx?DocumentID=26475
- ^ http://www.knowledge-basket.co.nz/regs/regs/text/2006/2006054.txt
- ^ http://www.dpmc.govt.nz/dpmc/longdesc-orgchart.html
See also
- List of Governors-General of New Zealand
- Constitution of New Zealand
- Monarchy in New Zealand
- Republicanism in New Zealand
- British honours system and New Zealand Honours System for explanation of honours.
External links
- Official Website of the Governor-General of NZ
- Guide to Governors and Governors-General of New Zealand by Lewis Holden.
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