Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

2021 - public > week eight > Flashcards

week eight Flashcards

(114 cards)

Start Studying
1
Q

who makes up the dignified executive

A

the monarch and governor general

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

the role of the governor general is very limited by?

A

convention

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what are the reserved powers that still reside with the governor general

A

the GG could intervene in their role as protector of the democratic constitution - they could remove a PM if they saw they were exceeding their power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

why is the appointment of the Prime Minister and the ability to intervene of the governor general effectively meaningless?

A

because only Parliament can get and spend money and you need a majority to do that. Therefore, the PM is the only one that can get a majority to control the house and therefore the budget so as to raise and spend money

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

in practice, the governor general acts under the advice of who?

A

the Prime Minister and her Ministers - the GG does what they’re told, which drives our constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what organ, apart from the monarch and governor general, is also technically a part of the dignified executive

A

the executive council

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what is the executive council

A

its the formal decision making body of the executive, which makes law for the executive. it advises the governor general

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

all members of the Crown are also members of which dignified executive body

A

the executive council

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

how many members of the crown are needed for the executive council to take place

A

3 (known as a quorum)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what does the executive council give to Ministers

A

it provides them with executive powers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

the actions of the executive council occur mostly through ?

A

orders in council - a law passed by the Executive Council

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what does the executive council really do ?

A

formalise the decisions of Cabinet

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what are the two parts of the efficient executive

A

The political head of the executive branch (Ministers, PM, Politicians) and the administrative body which implements and executes the wishes of that political head

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

the PM is the Head of _____ in NZ

A

Government

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

the Role of the PM is sometimes known as the _____ job, why?

A

invisible job - there are very few mentions of the PM in legislation.

Through legislation, they only get the power to call an election and advise the governor general on the appointment of ministers (basically appoint ministers).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

all the power in our system lies with which body

A

Parliament

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

why is the PM role so crucial in terms of controlling power

A

all power lies with Parliament, so if you control Parliament, a single chamber house, then you control the power.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

is there a high chance of rebellions in Parliament and in parties in NZ?

A

no, typically parties stick together because divided parties don’t do well at the pills here - we just vote for the opposition when that happens.

in other countries, there are lots of little parties and government is split, but we don’t like that idea here

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

how does the PM keep the party and coalition together?

A

using their ~ powers ~ think moving ministers up and down etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

the power of the PM has nothing to do with the ____ elements of the constitution, it is all about the _____ elements

A

nothing to do with formal, everything to do with informal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Ministers hold their posts at the discretion of whom?

A

the PM

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

the PM is first among?

A

equals - technically she is just another minister

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

how many Ministers are currently in Cabinet

A

20

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

how many ministers are currently outside cabinet

A

6 = 4 + 2 greens

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Ministers in Cabinet are responsible for their?
portfolios
26
how many associate ministers are there currently and what do they hold?
16, Ministerial Posts
27
Associate ministers are ___ ministers themselves in NZ
Cabinet
28
what are the two main roles and responsibilities of Ministers
they have portfolios - areas in which they are responsible for policy. they have public sector responsibilities - every part of public service links up to a minister who has responsibility if something goes wrong in that department. Ministers have responsibility for departments, Crown Entities, SOE's and other agencies
29
how many parliamentary under secretaries do we have and who do they have executive responsibility under
2, under a Minister
30
Cabinet is the beating hear of the ____, the collective entity which drives the ____
executive!
31
what is cabinet also known as and why
A specialist Parliamentary Committee - they are all MP's - the fusion between Parliament and the executive
32
Cabinet is bound by what concept which means every decision in Cabinet must be followed by everyone in Cabinet
collective responsibility
33
is collective responsibility in Cabinet legally required?
no, but not following would cause punishment at the ballot box
34
how has MMP changed the nature of collective responsibility?
increasingly, there are agreements where the coalition partner can disagree, except in areas they agreed to be bound by collective responsibility or in the area they are sitting in Cabinet for
35
are cabinet discussions private or public?
private
36
the way that a decision is made in cabinet is entirely up to whom?
the PM
37
who runs the cabinet meeting on an administrative level?
the Secretary of Cabinet
38
who does the Secretary of Cabinet record the official decisions from?
from whatever the PM says the decision is
39
what are some ways a PM could get a decision in Cabinet and why are there differences?
vote, consensus, rule by themselves with an iron fist - this is due to the style of governance of the PM
40
what are the two ways executive law making power is allowed
the royal prerogative and secondary legislation
41
where does royal prerogative power come from
it is inherently held by the Crown and now is exercised by the executive on the Crown's behalf. It is a remnant of Royal power
42
where does the equivalent of royal prerogative power come from in other countries
from the Constitution
43
what are some examples of things controlled by the executive through Royal Prerogative power
Command of the armed forces, international affairs
44
the existence of the armed forces is not controlled by royal prerogative forces while the command of it is, why is that?
Defence Act 1990, Bill of Rights Act 1688 "raising or keeping a standing army within the kingdom, in time of peace, unless it be with consent of Parliament, is law." CONSENT OF PARLIAMENT REQUIRED BY BILL OF RIGHTS ACT 1688
45
what does the Passports Act 1992 do that has to do with immigration but it an exception to immigration being dealt with through the executive through royal prerogative
NZ citizens are entitled to a passport
46
why was there a rise in secondary legislation after MMP
it used to be so easy to pass primary legislation through NZ's Parliament when we had FPP (known as fastest legislature in the West) Now, Parliament is not as controlled by the executive as it once was. Since its harder, Governments have moved more to framework acts which create the act and give themselves discretion to pass secondary legislation
47
what are some reasons for secondary legislation
efficiency, flexibility, speed
48
what are some types of secondary legislation
Legislative instruments, disallowable instruments, tertiary legislation
49
what will all secondary legislation be called from 2021 under the Secondary Legislation Act 2021
Just 'Secondary legislation'
50
can a piece of secondary legislation be called whatever it wants
yes, rule, regulation etc just outline how it is written
51
do select committees get to look at secondary legislation? why or why not
yes, to check it is within its powers (of the main act), if it interferes with peoples rights etc - technical requirements
52
could parliament overrule regulations
yes
53
if primary and secondary rules clash, who wins
primary
54
what is the Henry VIII clause for secondary legislation
if primary legislation gives power to someone to change things in secondary legislation which overrides the piece of primary legislation, then that is allowed
55
what types types of accountability does the executive branch have
political accountability through Parliament and technical accountability through audits, targets etc.
56
what idea is political accountability exercised on the executive through
through the idea that the executive are all accountable, through Parliament, to us
57
what is technical accountability of the executive about
metrics, financial requirements, targets and other specific things people within the executive and agencies are supposed to achieve and will be held to account if they don't achieve
58
Ministers are responsible for the ___ ____ - ____ ____ ____
Public Sector - departments, SOEs and other agencies
59
what are the main 3 parliamentary mechanisms for political accountability
question time, debates and select committees
60
give three points about question time
- each minister takes a turn in rotation - questions must be answered - minister must answer truthfully
61
what types of debates are there for political accountability
general debates - on one topic opposition 'urgent' debates - which the opposition call 'special debates' - a new idea where parliament agrees to discuss general issues
62
debates in Parliament are generally instigated by whom?
the executive
63
can select committees investigate anything or are there limits
anything
64
what do select committees provide as a final outcome
reports
65
where is the heart of the accountability role of parliament performed
in select committees
66
the Monarch is the visible embodiment of?
the British Crown
67
what did the Royal Succession Act 2013 do
removed discriminatory gender restriction and discrimination of people who married catholics from becoming the King/Queen
68
what did the Act of Settlement 1700 do
no catholic or people who married catholics could be king/queen - now you can have married a catholic but not be a catholic under Royal Succession Act 2013
69
NZ Maori Council v A-G laid out the Crowns obligations under which instrument
the Treaty of Waitangi
70
what is the concept of 'unlocking the door' for NZ courts
NZ government could unlock the door, the CA held, to allow access to the NZ courts by other commonwealth countries that retained the queen as head of state
71
to qualify as the Crown, a body must be _____ of the Minister or the Ministers department
functionary
72
is the public functions test still used to delineate the Crown
no, it is problematic
73
are Crown Entities 'the Crown'
may or may not qualify - most are public bodies discharging independent functions outside the service of the Crown
74
are state owned enterprises emanations of the Crown
no, their principle statutory object is to operate as a successful business
75
why the move to state-owned enterprises?
to distance the Crown from activities which it was perceived could be better carried out on a commercial basis
76
are universities today within or outside the crown and why/why not
they are Crown Entities under the Crown Entities Act 2004, placing them outside the 'Crown' umbrella
77
what is the Doctrine of Sovereign immunity
a sovereign state cannot be impleaded in the courts of another country against the will of the other state
78
the equity value of NZ's SOE's is what percentage of GDP
10%
79
NZ is a pioneer in the practical application of which ideas in the public sector
New Public Management
80
the success of the Public Service Act 1912 in creating a politically neutral and largely incorruptible Public Service came at a price to ?
administration
81
the legislatic nature of the Public Service Act 1912 did not favor?
innovation or internal reform
82
a spiralling debt crisis in the 1980's lead to NZ's wholehearted adoption of which ideas and comprehensive Public Sector reform to accord with its principles
Public Management principles
83
the structure of NZ's public sector today is based on four key statutes. what are these?
- The State Owned Enterprises Act 1985 - The State Sector Act 1988 - The Public Finance Act 1989 - The Crown Entities Act 2004
84
the public sector is divided into three types of institution, what are these?
- Public Service Departments - State Owned Enterprises - Crown Entities
85
The post 1984 model of public service classified departments into what 3 varieties according to their purpose?
- the giving of advice - the administration of policy - the delivery of services
86
the Chief Executive of a department is responsible for the management, administration and personnel of each department, and they are accountable to whom for the action of their Department, except where personnel act totally independently
the relevant Minister
87
what is the maximum fixed-term for Chief Executives of Government departments
5 years, although they can be extended after this
88
what is the statement of intent for departments
four year vision of the departments priorities, produced at lease once every three years and approved by the minister concerned
89
who is an SOE's only shareholder
the Crown
90
what does QUANGO stand for
Quasi-Autonomous Non-Departmental Government Organisations
91
what are the 5 types of Crown Entities
Statutory entities Crown Entity Companies Crown Entity Subsidiaries School Boards of Trustees Teritary Institutions
92
what are the 3 sub categories of Statutory Entities (a type of Crown Entity)
Crown agents Autonomous crown entity Independent Crown entity
93
what does a Crown Agent do (a statutory entity which is a crown entity)
they administer a particular service or policy area e.g. district health boards, ACC, NZ Tourism authority
94
what can an Autonomous Crown Entity do (a statutory entity which is a crown entity)
can develop and implement strategies within the confines of having regard to government policies e.g. NZ Symphony Orchestra, NZ Superannuation Fund, Lotteries Commission
95
describe an Independent Crown Entity (a statutory entity which is a crown entity)
they are entirely independent of government direction and only limited by their statutory duties e.g. Commerce Commission, Independent Police Conduct Authority, Law Commission
96
what is a Crown Entity Company (a type of Crown Entity)
non-departmental public bodies which are registered as companies under the Companies Act and do not necessarily have a profit motif like SOEs
97
what is a Crown Entity Subsidiary (a type of Crown Entity)
commercial arms of other Crown Entities
98
Bagehot said that Cabinet was the body chosen to what?
rule the nation
99
what did the Seal of New Zealand Act 1977 do
authorised the establishment of an NZ seal
100
Cabinet is the collective noun for whom?
the ministers of the Crown who collectively comprise 'the government'
101
Cabinet is the central decision making body of whom?
executive government
102
cabinet is a creature of convention, rather than ___
law
103
the executive council is legally constituted, rather than being a creature of convention like which other body
cabinet
104
what does a quorum for cabinet require
half the membership plus one
105
all significant policy matters must be submitted to Cabinet through the appropriate ?
Cabinet committee
106
what is the highest formal instrument of government
executive council
107
does executive council and cabinet membership overlap
yes
108
what does the executive council do, formally
turns Cabinet decisions into law
109
executive council functions are mostly?
formal
110
after how many days does an executive councillor vacate office
after 28 days of ceasing to be a member of parliament
111
what is the UK's equivalent of the executive council
privy council
112
who appoints the clerk of the executive council
the Governor General, on the advice of the Prime Minister
113
who presides over executive council
the Governor General
114
Orders in Council made at the Monday meeting appear in the Gazette when?
the following thursday

2021 - public (17 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions