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2021 - public > week eight > Flashcards

week eight Flashcards

1
Q

who makes up the dignified executive

A

the monarch and governor general

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2
Q

the role of the governor general is very limited by?

A

convention

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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

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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

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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

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6
Q

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

A

the executive council

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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

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8
Q

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

A

the executive council

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9
Q

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

A

3 (known as a quorum)

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10
Q

what does the executive council give to Ministers

A

it provides them with executive powers

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11
Q

the actions of the executive council occur mostly through ?

A

orders in council - a law passed by the Executive Council

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12
Q

what does the executive council really do ?

A

formalise the decisions of Cabinet

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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

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14
Q

the PM is the Head of _____ in NZ

A

Government

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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).

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16
Q

all the power in our system lies with which body

A

Parliament

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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.

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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

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19
Q

how does the PM keep the party and coalition together?

A

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

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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

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21
Q

Ministers hold their posts at the discretion of whom?

A

the PM

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22
Q

the PM is first among?

A

equals - technically she is just another minister

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23
Q

how many Ministers are currently in Cabinet

A

20

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24
Q

how many ministers are currently outside cabinet

A

6 = 4 + 2 greens

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25
Q

Ministers in Cabinet are responsible for their?

A

portfolios

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26
Q

how many associate ministers are there currently and what do they hold?

A

16, Ministerial Posts

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27
Q

Associate ministers are ___ ministers themselves in NZ

A

Cabinet

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28
Q

what are the two main roles and responsibilities of Ministers

A

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

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29
Q

how many parliamentary under secretaries do we have and who do they have executive responsibility under

A

2, under a Minister

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30
Q

Cabinet is the beating hear of the ____, the collective entity which drives the ____

A

executive!

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31
Q

what is cabinet also known as and why

A

A specialist Parliamentary Committee - they are all MP’s - the fusion between Parliament and the executive

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32
Q

Cabinet is bound by what concept which means every decision in Cabinet must be followed by everyone in Cabinet

A

collective responsibility

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33
Q

is collective responsibility in Cabinet legally required?

A

no, but not following would cause punishment at the ballot box

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34
Q

how has MMP changed the nature of collective responsibility?

A

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

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35
Q

are cabinet discussions private or public?

A

private

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36
Q

the way that a decision is made in cabinet is entirely up to whom?

A

the PM

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37
Q

who runs the cabinet meeting on an administrative level?

A

the Secretary of Cabinet

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38
Q

who does the Secretary of Cabinet record the official decisions from?

A

from whatever the PM says the decision is

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39
Q

what are some ways a PM could get a decision in Cabinet and why are there differences?

A

vote, consensus, rule by themselves with an iron fist - this is due to the style of governance of the PM

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40
Q

what are the two ways executive law making power is allowed

A

the royal prerogative and secondary legislation

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41
Q

where does royal prerogative power come from

A

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

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42
Q

where does the equivalent of royal prerogative power come from in other countries

A

from the Constitution

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43
Q

what are some examples of things controlled by the executive through Royal Prerogative power

A

Command of the armed forces, international affairs

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44
Q

the existence of the armed forces is not controlled by royal prerogative forces while the command of it is, why is that?

A

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

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45
Q

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

A

NZ citizens are entitled to a passport

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46
Q

why was there a rise in secondary legislation after MMP

A

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
Q

what are some reasons for secondary legislation

A

efficiency, flexibility, speed

48
Q

what are some types of secondary legislation

A

Legislative instruments, disallowable instruments, tertiary legislation

49
Q

what will all secondary legislation be called from 2021 under the Secondary Legislation Act 2021

A

Just ‘Secondary legislation’

50
Q

can a piece of secondary legislation be called whatever it wants

A

yes, rule, regulation etc just outline how it is written

51
Q

do select committees get to look at secondary legislation? why or why not

A

yes, to check it is within its powers (of the main act), if it interferes with peoples rights etc - technical requirements

52
Q

could parliament overrule regulations

A

yes

53
Q

if primary and secondary rules clash, who wins

A

primary

54
Q

what is the Henry VIII clause for secondary legislation

A

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
Q

what types types of accountability does the executive branch have

A

political accountability through Parliament and technical accountability through audits, targets etc.

56
Q

what idea is political accountability exercised on the executive through

A

through the idea that the executive are all accountable, through Parliament, to us

57
Q

what is technical accountability of the executive about

A

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
Q

Ministers are responsible for the ___ ____ - ____ ____ ____

A

Public Sector - departments, SOEs and other agencies

59
Q

what are the main 3 parliamentary mechanisms for political accountability

A

question time, debates and select committees

60
Q

give three points about question time

A
  • each minister takes a turn in rotation
  • questions must be answered
  • minister must answer truthfully
61
Q

what types of debates are there for political accountability

A

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
Q

debates in Parliament are generally instigated by whom?

A

the executive

63
Q

can select committees investigate anything or are there limits

A

anything

64
Q

what do select committees provide as a final outcome

A

reports

65
Q

where is the heart of the accountability role of parliament performed

A

in select committees

66
Q

the Monarch is the visible embodiment of?

A

the British Crown

67
Q

what did the Royal Succession Act 2013 do

A

removed discriminatory gender restriction and discrimination of people who married catholics from becoming the King/Queen

68
Q

what did the Act of Settlement 1700 do

A

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
Q

NZ Maori Council v A-G laid out the Crowns obligations under which instrument

A

the Treaty of Waitangi

70
Q

what is the concept of ‘unlocking the door’ for NZ courts

A

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
Q

to qualify as the Crown, a body must be _____ of the Minister or the Ministers department

A

functionary

72
Q

is the public functions test still used to delineate the Crown

A

no, it is problematic

73
Q

are Crown Entities ‘the Crown’

A

may or may not qualify - most are public bodies discharging independent functions outside the service of the Crown

74
Q

are state owned enterprises emanations of the Crown

A

no, their principle statutory object is to operate as a successful business

75
Q

why the move to state-owned enterprises?

A

to distance the Crown from activities which it was perceived could be better carried out on a commercial basis

76
Q

are universities today within or outside the crown and why/why not

A

they are Crown Entities under the Crown Entities Act 2004, placing them outside the ‘Crown’ umbrella

77
Q

what is the Doctrine of Sovereign immunity

A

a sovereign state cannot be impleaded in the courts of another country against the will of the other state

78
Q

the equity value of NZ’s SOE’s is what percentage of GDP

A

10%

79
Q

NZ is a pioneer in the practical application of which ideas in the public sector

A

New Public Management

80
Q

the success of the Public Service Act 1912 in creating a politically neutral and largely incorruptible Public Service came at a price to ?

A

administration

81
Q

the legislatic nature of the Public Service Act 1912 did not favor?

A

innovation or internal reform

82
Q

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

A

Public Management principles

83
Q

the structure of NZ’s public sector today is based on four key statutes. what are these?

A
  • The State Owned Enterprises Act 1985
  • The State Sector Act 1988
  • The Public Finance Act 1989
  • The Crown Entities Act 2004
84
Q

the public sector is divided into three types of institution, what are these?

A
  • Public Service Departments
  • State Owned Enterprises
  • Crown Entities
85
Q

The post 1984 model of public service classified departments into what 3 varieties according to their purpose?

A
  • the giving of advice
  • the administration of policy
  • the delivery of services
86
Q

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

A

the relevant Minister

87
Q

what is the maximum fixed-term for Chief Executives of Government departments

A

5 years, although they can be extended after this

88
Q

what is the statement of intent for departments

A

four year vision of the departments priorities, produced at lease once every three years and approved by the minister concerned

89
Q

who is an SOE’s only shareholder

A

the Crown

90
Q

what does QUANGO stand for

A

Quasi-Autonomous Non-Departmental Government Organisations

91
Q

what are the 5 types of Crown Entities

A

Statutory entities

Crown Entity Companies

Crown Entity Subsidiaries

School Boards of Trustees

Teritary Institutions

92
Q

what are the 3 sub categories of Statutory Entities (a type of Crown Entity)

A

Crown agents

Autonomous crown entity

Independent Crown entity

93
Q

what does a Crown Agent do (a statutory entity which is a crown entity)

A

they administer a particular service or policy area e.g. district health boards, ACC, NZ Tourism authority

94
Q

what can an Autonomous Crown Entity do (a statutory entity which is a crown entity)

A

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
Q

describe an Independent Crown Entity (a statutory entity which is a crown entity)

A

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
Q

what is a Crown Entity Company (a type of Crown Entity)

A

non-departmental public bodies which are registered as companies under the Companies Act and do not necessarily have a profit motif like SOEs

97
Q

what is a Crown Entity Subsidiary (a type of Crown Entity)

A

commercial arms of other Crown Entities

98
Q

Bagehot said that Cabinet was the body chosen to what?

A

rule the nation

99
Q

what did the Seal of New Zealand Act 1977 do

A

authorised the establishment of an NZ seal

100
Q

Cabinet is the collective noun for whom?

A

the ministers of the Crown who collectively comprise ‘the government’

101
Q

Cabinet is the central decision making body of whom?

A

executive government

102
Q

cabinet is a creature of convention, rather than ___

A

law

103
Q

the executive council is legally constituted, rather than being a creature of convention like which other body

A

cabinet

104
Q

what does a quorum for cabinet require

A

half the membership plus one

105
Q

all significant policy matters must be submitted to Cabinet through the appropriate ?

A

Cabinet committee

106
Q

what is the highest formal instrument of government

A

executive council

107
Q

does executive council and cabinet membership overlap

A

yes

108
Q

what does the executive council do, formally

A

turns Cabinet decisions into law

109
Q

executive council functions are mostly?

A

formal

110
Q

after how many days does an executive councillor vacate office

A

after 28 days of ceasing to be a member of parliament

111
Q

what is the UK’s equivalent of the executive council

A

privy council

112
Q

who appoints the clerk of the executive council

A

the Governor General, on the advice of the Prime Minister

113
Q

who presides over executive council

A

the Governor General

114
Q

Orders in Council made at the Monday meeting appear in the Gazette when?

A

the following thursday

2021 - public (17 decks)

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