Executive

Question 1

Who, and what makes up the executive?

Answer 1

The Executive consists of Ministers (both inside and outside Cabinet) and Government departments. The role of the Executive is to decide policy, propose laws (which must be approved by the Legislature) and administer the law.

Question 2

How was cabinet created?

Answer 2

Cabinet is not written anywhere in the constitution or any legal documents. However, it is an entity that is governed by constitutional convention.

Question 3

What is cabinet?

Answer 3

Cabinet is the engine room of the executive. Cabinet is at the head of the public service.

The Cabinet of New Zealand is the New Zealand Government’s body of senior ministers, accountable to the New Zealand Parliament. Cabinet meetings, chaired by the prime minister, occur once a week; in them, vital issues are discussed and government policy is formulated.

Question 4

Can the executive change the law?

Answer 4

The executive cannot unmake laws of Parliament.

The executive can be granted regulation making power by parliament.

The executive, in essence, cannot change the law.

Only Parliament can change the law, as in line with the doctrine of parliamentary supremacy.

So, in a sense, the executive can make laws but only through regulation powers granted by Parliament.

Question 5

What is an example of Parliament granted regulation powers?

Answer 5

The economic stabilisation act granted the executive regulation making powers in order to ensure economic stability.

Question 6

Is cabinet a convention?

Answer 6

Yes

Question 7

What is the cabinet manual?

Answer 7

A manual on which the meetings of cabinet are dictated by.

Question 8

What is the executive council?

Answer 8

The Executive Council of New Zealand is the full group of “responsible advisers”[1] to the governor-general of New Zealand on state and constitutional affairs.

Note: Cabinet is different to the executive council

Question 9

Who makes up cabinet?

Answer 9

Cabinet constitutes of all the leaders of the arms of the executive (ministers)

Question 10

Does cabinet play a role in legislation?

Answer 10

Cabinet must approve of all legislation before it is passed.

Question 11

Who is cabinet chaired by?

Answer 11

Jacindux g

Question 12

What does cabinet do?

Answer 12

Cabinet Formulates Government policy. (spending proposals)

They set the legislative agenda. (Which categorises bills , deciding on when they wll be put through Parliament.)

Cabinet decides whether or not to join in international treaties.

Controls most delegated legislation - remember these are regulations made under the power of an act which gives the power to the executive council.

Cabinet although it doesn’t make the regulations (formally made by the executive council,) has to approve the content of them all.

Cabinets main part delegated legislation is enacted by governor general.

Reviews content of all regulations - laws made under the authority of statutes
It decides the content of Government bills which are introduced into parliament
It makes decisions on Government spending
It coordinates the administration and gives orders to the public service on how to carry out that administration
Largely still true today in 2021

Question 13

What is the minimum number of members that must attend a cabinet meeting?

Answer 13

Half of the membership + 1

Question 14

Does cabinet have the final say regarding legislation?

Answer 14

Cabinet acts as the final decision maker on all matters regarding policy.

Question 15

How did we get a cabinet system?

Answer 15

Arose via a historical process
When the british monarch had absolute power he or she would have a group of their favorites, a selected group of advisors who weren’t MP’s.

Question 16

Does cabinet have any legal functions, or powers?

Answer 16

No, cabinet has no legal functions or power granted by the constitution.

Cabinet takes no formal executive action.

Question 17

What is individual ministerial responsibility?

Answer 17

Members are responsible to parliament for explaining actions which its ministry has taken and they have to make amends to any actions their civil servants take.

Question 18

Collective ministerial responsibility, what is ?

Answer 18

members of cabinet must public support all government decisions which are made in cabinet. Even if they do not support it privately.

Question 19

How can regulations be challenged?

Answer 19

Regulations can be challenged in court via judical review.

Question 20

What is the regulations review commitee?

Answer 20

Regulations review committee is bipartisan committee of mps established to review regulations to see if they are unfair in anyway, powers that are too wide or breach fundamental principals.

Question 21

What is the Governer General ?

Answer 21

The Governer General is the monarchs representative in New Zealand. They are appointed by the queen on reccomendation from the Prime minister, they usually serve for a term of 5 years. The Governer General is appointed to carry out the queens constitutional duties on her behalf.

Question 22

What are some powers of the Governer General?

Answer 22

Royal prerogative -
Summon pruoging, dissolving parliament.
Acts on the advice of the prime minister
The Governor General appoints the prime minister, royal commissioners, diplomats and judges.
Exercise of mercy (pardoning) formally done by the governor general .
Conferment of Honours (Knighthood) is done by the Governor general.
Governor general also acts on advice from responsible ministers
Governer General has what is known as reserve powers
Powers which can be exercised of their own will
If they are unsure that the prime minister has the confidence of parliament, theoretically can dismiss the prime minister or dissolve parliament
Governer General could theoretically refuse to assent the bill to be signed by the sovereign

Question 23

What is the executive council?

And what does it do?

Answer 23

Regulations made by the executive council
Anything that goes to the exe council must be approved by cabinet

It is the highest formal instrument of government, and is created by the Letters Patent that also establish the Office of Governor-General.

Members of the executive council are chosen by Governer General on the advice of the prime minister
Ministers are on the executive council
Governer general presides over it but they are not a member
Minimum number of members is two
They deal with regulation and other delegated legislation
The governor general does not have to be there when the executive council meets

Question 24

Name the three main executive agencies?

Government departments that are apart of the executive.

Answer 24

Department of the Prime Minister and Cabinet
The Department of the Prime Minister and Cabinet (DPMC) serves the Executive (the Governor-General, the Prime Minister, and the Cabinet) with high quality, impartial advice and support services to assist Government decision-making.

Department of Internal Affairs

Parliamentary Counsel Office