22 - Prerogative power, international law, and Parliament

Question 1

treatys may contain promises from Nz that we will…

Answer 1

accept as a binding decision

Question 2

the existence of a treaty may impact how domestic…

Answer 2

law is interpreted, applied or understood

Question 3

a given treaty may contain a promise by the executive govt that nz will

Answer 3

introduce legislative changes or change domestic law to comply with the treaty

Question 4

the house looks at what type of treaties

Answer 4

-major bilateral treaty’s if it has a important effect on NZ
- multilateral treaties
-before signing
-before leaving
-if emergent after signing

Question 5

process of treaties within the cabinet manual

Answer 5

1. national interest analysis
2. select committee consideration
3. related bills

Question 6

what does the national interest analysis process look like

Answer 6

• reasons to sign
• disadvantages and advantages
  -consulting with different legal divisions of ministry of foreign affairs & trade

Question 7

national interest analysis must be

Answer 7

approved by cabinet before being presented to the house

Question 8

what does the select committee consideration process consist of

Answer 8

• referred to foreign affair, defence and trade committees
• committee will examine themselves or pass to another more appropriate committee

Question 9

select committee can indicate more…

Answer 9

time needed (more than 15 sitting days) to consider treaty

Question 10

if the select committee indicates they need more time on a treaty..

Answer 10

the govt will deter binding actions

Question 11

what does the related bills process of treatys consist of

Answer 11

• any bill that is necessary to implement a treaty domestically should not be introduced to the house until after the treaty presented and selected committee time has expired

Question 12

agencies can initiate legislative process earlier by seeking place on the ..

Answer 12

legislative program for the bill and issuing drafting instructions for the bill to parliaments counsel

Question 13

why is the international process potentially controversial

Answer 13

because the people who spend all all their time and effort constructing the bill are the ones presenting it so ofc they suppport it
- not hearing contrasting views