(Redirected from Governor General of New Zealand)
The '
Governor-General of
New Zealand' is the representative of the
Sovereign in right 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[1][2][3].
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 are set out in
letters patent issued in 1983 constituting the office of the Governor-General, 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.
The current Governor-General is
Anand Satyanand, who was sworn in on
23 August 2006 replacing Dame
Silvia Cartwright.
Administrative support for the Governor-General is provided by the
Department of the Prime Minister and Cabinet.
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.
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
[4].
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, 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, neither of these appointments could be said to have discharged their duties in a partisan way. In
2004 National MP
Richard Worth, an avowed
monarchist, questioned whether the Government had considered that the
Earl of Wessex 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 Zealand (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.
Election proposals
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 1887 Sir
George Grey, a former Governor and 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 [5].
In 2006 political commentator
Colin James suggested that the Governor-General could be elected
[6] (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 unusual, 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 also the Chairman of the
Monarchist League, 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 Governor-Generals. ...the Governor-Generals would have their own independent popular mandate, and become potential political rivals of the Ministers"
[7].
Tenure
The Governor-General holds office
at the "pleasure" of the Queen, per 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 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".
[8]
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 Justice acts as the ''
Administrator of the Government'', or simply ''Administrator'' in everyday usage.
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 Ministers advice, and further that the Queen would be bound to implement the Prime Ministers advice immediately
[9] 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
[10]. 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 an elected government despite it having the confidence of the parliament.
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.
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 Prerogatives, 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.
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 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
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; historian
Gavin McLean has recently described the Governor-General as a "virtual head of state"
1.
The Governor-General is nominally
Commander-in-Chief of the
Defence Forces[11]. 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
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
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 Royal assent 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. The court then provides advice to the Governor-General as to how to act. Recently,
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.
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 [12].
Flag of the Governor-General
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[13]. 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.
History
Colony
Since the signing of the
Treaty of Waitangi established New Zealand as a British colony, there was been a governor in New Zealand. Captain
William Hobson, who drafted the treaty, 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 the
10 September 1842. In Hobsons' 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[14]) to be the most important and influential Governors 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 Government,
Robert Wynyard who opened the
1st New Zealand Parliament on
24 May 18541. 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 the
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 the
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
1. 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 government and British government. 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
[15].
Governor
After Grey, successive Governors of New Zealand were derived from the British aristocracy and played a much less active role in government
1. In only a few instances did the Governor refuse the advice of the Premier
1 - ironically mainly during the tenure of Sir George Grey as
Premier of New Zealand from 1877 - 1879. One famous instance of the use of the Governors' 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 Hall 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 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
1.
Governor-General
In
1907 Sir
Joseph Ward'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
4. 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 the 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
[16]4.
De facto head of state?
Increasingly, the Governor-General is regarded as a de facto head of state. Political commentator
Colin James has expressed this view
2, along with historian Gavin McLean
1 and Prime Minister Helen Clark
3. Increasingly, the Governor-General has been performing 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
1. For example, at the 2007 commemorations of the battle of
Passchendaele, the Governor-General
Anand Satyanand represented New Zealand
[17] on behalf of Her Majesty the Queen, while the Queen represented Great Britain
[18].
Reform of the office is usually only mentioned in the context of
republicanism. Helen Clark, when defending Dame
Silvia Cartwright following a political controversy over prison sentences has 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."
[19]. Others, such as Professor Noel Cox
7 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
9. In
1993, former 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
1. 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 MMP
[20].
References
1.
2. The huge challenge ahead of the Maori Queen's successor Colin James
3. Republic 'inevitable' - Clark
4. Constitutional and Administrative Law in New Zealand, Phillip A Joseph, , , Brookers, ,
5.
6. Election: the democratic way to select our Governor-General Colin James
7. Governor-General role needs an update Noel Cox
8. Press release New Zealand Labour Party
9. Republicanism in New Zealand, Andrew Stockley, , , Dunmore Press, ,
10. Republic: Newsletter of the Republican Movement of Aotearoa New Zealand: Putting the case
11. Review of Defence Force Standards of Behaviour
12. Changes to rules around use of title Rt. Hon. Helen Clark
13. Civil List Act 1979
14. The Penguin History of New Zealand, Michael King, , , Penguin, ,
15. Dictionary of New Zealand Biography George Grey 1812 - 1898 Keith Sinclair
16. . 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.
New Zealand Governors-General
In 1967 the first New Zealand born Governor-General, Lord Porritt, 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, the Letters Patent were reissued once more, further reducing the powers of the office
17. Governor-General visits Belgium for Passchendaele Commemoration
18. Queen Elizabeth II, Belgian royals pay tribute to allied soldiers of Passchendaele battle Associated Press
19. Clark foresees president role NZPA
20. Address-In-Reply debate, state opening of Parliament, Jim Bolger, , , , ,
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
★
A history of the Governor-General in New Zealand.
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