Cabinet of New Zealand

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Constitution

The Cabinet of New Zealand (Māori: Te Rūnanga o te Kāwanatanga o Aotearoa)[a] is the New Zealand Government's body of senior ministers, responsible 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. Though not established by any statute, Cabinet has significant power in the New Zealand political system and nearly all bills proposed by the Cabinet in Parliament are enacted.

The New Zealand Cabinet copies the traditions of the British cabinet system; it follows the principle of cabinet collective responsibility. While the Cabinet is responsible to Parliament for making policy decisions, Cabinet discussions are confidential and are not disclosed to the public apart from the announcement of decisions.

All ministers in Cabinet also serve as members of the Executive Council, the body tasked with advising the Governor-General in the exercise of his or her formal constitutional functions. Outside Cabinet, there are a number of non-Cabinet ministers, responsible for a specific policy area and reporting directly to a senior Cabinet minister. Ministers outside Cabinet are also part of Cabinet committees and will regularly attend Cabinet meetings which concern their portfolios. Therefore, although operating outside of Cabinet directly, these ministers do not lack power and influence as they are still very much part of the decision making process.[1]

Constitutional basis

Cabinet has no formal statutory basis and is not established by any legislative act: it exists purely by constitutional convention.[2] This convention carries sufficient weight for many official declarations and regulations to refer to Cabinet, and a government department—the Department of the Prime Minister and Cabinet—is responsible for supporting it. Although Cabinet lacks any direct legislative framework for its existence, the Cabinet Manual has become the official document which governs its functions, and on which its convention rests.[2][3]

The structure of Cabinet has as its basis the formal institution known as the Executive Council, the body tasked with advising the Governor-General in the exercise of his or her formal constitutional functions (i.e. the Governor-in-Council). Most ministers hold membership of both bodies, but some Executive Councillors—known as "ministers outside Cabinet"—do not attend Cabinet. The convention of members of the Executive Council meeting separately from the Governor began during Edward Stafford's first tenure as Premier (1856–1861).[4] Stafford, a long-time advocate of responsible government in New Zealand, believed the colonial government should have full control over all its affairs, without the intervention of the Governor. Because the Governor chaired the Executive Council, Stafford intentionally met with his ministers without the Governor present.

Members

All ministers have the style of "The Honourable", except for the Prime Minister, who is styled "The Right Honourable".[5] Additionally, Winston Peters is styled as The Right Honourable, having been appointed a member of the Privy Council prior to the change in rules regarding the use of the style.[6]

The table below lists New Zealand's Cabinet ministers and ministers outside Cabinet as of 2 May 2018.[7]

Parties
Labour
NZ First
Greens
Ranking Portfolios Incumbent Responsibilities Electorate
1. Prime Minister
Minister for Arts, Culture and Heritage
Minister for National Security and Intelligence
Leader of the Labour Party
The Rt. Hon. Jacinda Ardern MP Minister for Child Poverty Reduction Mt Albert
2. Deputy Prime Minister
Minister of Foreign Affairs
Minister for State Owned Enterprises
Minister for Racing
Minister for Disarmament and Arms Control
Leader of New Zealand First
The Rt. Hon. Winston Peters MP List
3. Minister for Crown/Māori Relations
Minister of Corrections
Minister of Tourism
Deputy Leader of the Labour Party
The Hon. Kelvin Davis MP Associate Minister of Education (Māori Education) Te Tai Tokerau
4. Minister of Finance
Minister for Sport and Recreation
The Hon. Grant Robertson MP Associate Minister for Arts, Culture and Heritage Wellington Central
5. Minister of Housing and Urban Development
Minister of Transport
The Hon. Phil Twyford MP Te Atatū
6. Minister of Energy and Resources
Minister for Greater Christchurch Regeneration
Minister of Research, Science and Innovation
The Hon. Dr. Megan Woods MP Minister Responsible for the Earthquake Commission Wigram
7. Minister of Education
Minister of State Services
The Hon. Chris Hipkins MP Leader of the House
Minister Responsible for Ministerial Services
Rimutaka
8. Minister of Justice
Minister for Courts
Minister Responsible for GCSB
Minister Responsible for NZSIS
Minister for Treaty of Waitangi Negotiations
The Hon. Andrew Little MP Minister Responsible for Pike River Re-entry List
9. Minister for Social Development
Minister for Disability Issues
The Hon. Carmel Sepuloni MP Associate Minister for Arts, Culture and Heritage
Associate Minister for Pacific Peoples
Kelston
10. Minister of Health The Hon. Dr David Clark MP Associate Minister of Finance Dunedin North
11. Attorney-General
Minister for Economic Development
Minister for the Environment
Minister for Trade and Export Growth
The Hon. David Parker MP Associate Minister of Finance List
12. Minister for Māori Development
Minister of Local Government
The Hon. Nanaia Mahuta MP Associate Minister for the Environment Hauraki-Waikato
13. Minister of Police
Minister of Fisheries
Minister of Revenue
Minister for Small Business
The Hon. Stuart Nash MP Napier
14. Minister for Workplace Relations and Safety
Minister of Immigration
Minister of ACC
The Hon. Iain Lees-Galloway MP Deputy Leader of the House Palmerston North
15. Minister for Building and Construction
Minister for Ethnic Communities
The Hon. Jenny Salesa MP Associate Minister of Education
Associate Minister of Health
Associate Minister of Housing and Urban Development
Manukau East
16. Minister of Agriculture
Minister for Biosecurity
Minister for Food Safety
Minister for Rural Communities
The Hon. Damien O'Connor MP Associate Minister of Trade and Export Growth West Coast-Tasman
17. Minister of Broadcasting, Communications and Digital Media
Minister for Government Digital Services
The Hon. Clare Curran MP Associate Minister for ACC
Associate Minister of State Services (Open Government)
Dunedin South
18. Minister of Defence
Minister for Veterans
The Hon. Ron Mark MP List
19. Minister for Children
Minister of Internal Affairs
Minister for Seniors
The Hon. Tracey Martin MP Associate Minister of Education List
20. Minister of Forestry
Minister for Infrastructure
Minister for Regional Economic Development
The Hon. Shane Jones MP Associate Minister of Finance
Associate Minister of Transport
List
Ministers outside Cabinet
21. Minister of Civil Defence
Minister of Commerce and Consumer Affairs
The Hon. Kris Faafoi MP Associate Minister of Immigration Mana
22. Minister for the Community and Voluntary Sector
Minister for Whānau Ora
Minister for Youth
The Hon. Peeni Henare MP Associate Minister for Social Development Tāmaki Makaurau
23. Minister for Employment The Hon. Willie Jackson MP Associate Minister for Māori Development List
24. Minister for Pacific Peoples The Hon. Aupito William Sio MP Associate Minister for Courts
Associate Minister of Justice
Māngere
25. Minister of Customs The Hon. Meka Whaitiri MP Associate Minister of Agriculture
Associate Minister for Crown/Māori Relations
Associate Minister of Local Government
Ikaroa-Rāwhiti
Support party ministers
- Minister for Climate Change
Minister of Statistics
The Hon. James Shaw MP Associate Minister of Finance List
- Minister for Women The Hon. Julie Anne Genter MP Associate Minister of Health
Associate Minister of Transport
List
- Minister of Conservation
Minister for Land Information
The Hon. Eugenie Sage MP Associate Minister for the Environment List
Parliamentary under-secretaries
- Parliamentary Under-Secretary to the Minister for Ethnic Communities Michael Wood MP Mount Roskill
- Parliamentary Under-Secretary to the Minister of Foreign Affairs
Parliamentary Under-Secretary to the Minister for Regional Economic Development
Parliamentary Under-Secretary to the Minister for Disarmament and Arms Control
Deputy Leader of New Zealand First
Fletcher Tabuteau MP List
- Parliamentary Under-Secretary to the Minister of Justice (Domestic and Sexual Violence Issues) Jan Logie MP List

All Ministers, both inside and outside Cabinet are Executive Council Members.

Parliamentary Private Secretaries have no Government rank, but merely assist the Ministers from a Parliamentary standpoint, and represent the Minister they assist when they are unavailable.[8]

Powers and functions

The lack of formal legislation establishing Cabinet leaves the powers of its members only loosely defined. The Cabinet generally directs and controls policy (releasing government policy statements) and is responsible to Parliament. It also has significant influence over lawmaking. Convention regarding the Cabinet's authority has considerable force, and generally proves strong enough to bind its participants. Theoretically, each minister operates independently, having received a ministerial warrant over a certain field from the Crown (represented by the Governor-General). But the Governor-General can dismiss a minister at any time, conventionally on the advice of the Prime Minister, so ministers are largely obliged to work within a certain framework.

Collective responsibility

Cabinet itself acts as the accepted forum for establishing this framework. Ministers will jointly discuss the policy which the government as a whole will pursue, and ministers who do not exercise their respective powers in a manner compatible with Cabinet's decision risk losing those powers. This has become known as the doctrine of collective responsibility.[9] Collective responsibility is a constitutional convention which rests on three principles. The first principle is unanimity, where members of Cabinet must publicly support decisions and defend them in public, regardless on any personal views on the matter. Secondly, the confidentiality limb means that all Cabinet discussions are to be kept confidential. This allows for open and explicit conversation, discussion and debate on the issues Cabinet choses to look at.[10] The final principle is confidence, where Cabinet and executive government must have the confidence of the House of Representatives. If there is no government, the Governor General has the ability to intervene, exercising prerogative powers, to find a government which does have confidence.[11]

Problems arise when the Prime Minister breaches collective responsibility. Since ministerial appointments and dismissals are in practice in the hands of the Prime Minister, the Cabinet can not directly initiate any action against a Prime Minister who openly disagrees with their government's policy. On the other hand, a Prime Minister who tries to act against concerted opposition from their Cabinet risks losing the confidence of their party colleagues. An example is former Prime Minister David Lange, who publicly spoke against a tax reform package which was sponsored by then-Finance Minister Roger Douglas and supported by Cabinet. Lange dismissed Douglas, but when the Cabinet supported Douglas against Lange, Lange himself resigned as Prime Minister.

Collective responsibility after MMP

The doctrine of collective responsibility has changed since the introduction of MMP in 1993 (see Electoral Reform and Cabinet Structure below). The change allowed for minority parties part of a coalition the ability to 'agree to disagree' with the majority on certain issues. Following the 2011 general election the National-led government released the following statement in regards to the role of minor parties in the context of collective responsibility. "Collective responsibility applies differently in the case of support party Ministers. Support party Ministers are only bound by collective responsibility in relation to their own respective portfolios (including any specific delegated responsibilities). When support party Ministers speak about the issues in their portfolios, they speak for the government and as part of the government. When the government takes decisions within their portfolios, they must support those decisions, regardless of their personal views and whether or not they were at the meeting concerned. When support party Ministers speak about matters outside their portfolios, they may speak as political party leaders or members of Parliament rather than as Ministers, and do not necessarily support the government position."[12]

Electoral reform and cabinet structure

The 1993 referendum in New Zealand (see Electoral reform in New Zealand) resulted in a number of structural changes to Cabinet. The change to the MMP system ultimately led to a larger number of political parties in Parliament, as under the new voting system, any political party could be in Parliament if they received five percent of the party vote or won one electoral seat.[13] The increased representation resulted in the need to form coalitions between parties as it is unlikely one party will receive a majority of votes under MMP.

In order to govern in a coalition under MMP, it is likely that a major party will have to relinquish and offer Cabinet positions to members of a minority party. The 1996 General Election highlighted the changes which were predicted to result from MMP. New Zealand First received 13.4% of the party vote, giving them 17 total seats in the House of Representatives (compared to 8.5% in the 1993 General Election, conducted under the FPP voting system).[14] This ultimately resulted in the National-New Zealand First coalition as the National Party, who received 33.8% of the party vote, translating to 44 seats in the House, could not govern alone.[15]

Negotiations forming the new government took nearly two months however the ultimate result being that New Zealand First were to have five ministers inside Cabinet and four outside. This translated to having 36.4% of representation in the new government.[16] The Prime Minister following the 1996 election, Jim Bolger, was forced to tell his caucus during negotiations with New Zealand First, that he would not be able to satisfy all ambitions of the caucus, due to the forced inclusion of the minority party into the governmental framework, thus highlighting one of the challenged that came with MMP.[16]

The result of MMP on Cabinet structure in New Zealand is also highlighted above under the 'Members' heading. In the coalition deal following the election New Zealand First leader Winston Peters was given the position of Deputy Prime Minister and New Zealand First were given a number of ministerial portfolios including Foreign Affairs, Infrastructure, Regional Economic Development and Internal Affairs.[17]

Meetings

The ministers of the Sixth Labour Government, with Governor-General Dame Patsy Reddy, 26 October 2017

The Cabinet typically meets weekly in the Beehive (the executive wing of the Parliament Buildings),[5] where it discusses important political issues. The Prime Minister usually chairs the meeting and sets the agenda.

Committees

A Cabinet Committee comprises a subset of the larger Cabinet, consisting of a number of ministers who have responsibility in related areas of policy. Cabinet Committees go into considerably more detail than can be achieved at regular Cabinet meetings, discussing issues which do not need the input of ministers holding unrelated portfolios. There are currently 10 Cabinet Committees.[18]

Cabinet Committees will often discuss matters referred to them by Cabinet itself, and then report back the results of their deliberation. This can sometimes become a powerful tool for advancing certain policies, as was demonstrated in the Lange government. Roger Douglas, Minister of Finance, and his allies succeeded in dominating the finance committee, enabling them to determine what it recommended to Cabinet. The official recommendation of the finance committee was much harder for his opponents to fight than his individual claims in Cabinet would be. Douglas was able to pass measures that, had Cabinet deliberated on them itself rather than pass them to Committee, would have been defeated.

Cabinet committee membership

Cabinet Legislation Committee (LEG) Cabinet Appointments and Honours Committee (APH) Cabinet Business Committee (CBC)
Chair Hon Chris Hipkins Rt Hon Jacinda Ardern Rt Hon Jacinda Ardern
Members

Rt Hon Jacinda Ardern, Rt Hon Winston Peters, Hon Andrew Little, Hon David Parker, Hon Stuart Nash, Hon Iain Lees-Galloway, Hon Damien O'Connor, Hon Tracey Martin, Hon James Shaw, Hon Eugenie Sage, Hon Ruth Dyson (Senior Government Whip)

Rt Hon Winston Peters, Hon Kelvin Davis, Hon Grant Robertson, Hon Chris Hipkins, Hon Andrew Little, Hon Dr David Clark, Hon Nanaia Mahuta, Hon Jenny Salesa, Hon Tracey Martin, Hon Peeni Henare, Hon Aupito William Sio, Hon James Shaw, Hon Julie Anne Genter

Rt Hon Winston Peters, Hon Kelvin Davis, Hon Grant Robertson, Hon Phil Twyford, Hon Dr Megan Woods, Hon Chris Hipkins, Hon Andrew Little, Hon Carmel Sepuloni, Hon Dr David Clark, Hon Tracey Martin

Cabinet Crown/Māori Relations Committee (CMR) Cabinet Priorities Committee (CPC) Cabinet Economic Development Committee (DEV)
Chair Hon Kelvin Davis Rt Hon Jacinda Ardern Hon Grant Robertson
Members

Rt Hon Jacinda Ardern, Rt Hon Winston Peters, Hon Grant Robertson, Hon Andrew Little, Hon David Parker, Hon Nanaia Mahuta, Hon Stuart Nash, Hon Damien O'Connor, Hon Shane Jones, Hon Peeni Henare, Hon Willie Jackson, Hon Meka Whaitiri, Hon Eugenie Sage

Rt Hon Winston Peters, Hon Kelvin Davis, Hon Grant Robertson, Hon Phil Twyford, Hon Dr Megan Woods, Hon Chris Hipkins, Hon Andrew Little, Hon Carmel Sepuloni, Hon Dr David Clark, Hon David Parker, Hon Nanaia Mahuta, Hon Tracey Martin, Hon James Shaw

Rt Hon Jacinda Ardern, Rt Hon Winston Peters, Hon Kelvin Davis, Hon Phil Twyford, Hon Dr Megan Woods, Hon David Parker, Hon Nanaia Mahuta, Hon Stuart Nash, Hon Iain Lees-Galloway, Hon Jenny Salesa, Hon Damien O'Connor, Hon Clare Curran, Hon Shane Jones, Hon Kris Faafoi, Hon Willie Jackson, Hon Meka Whaitiri, Hon James Shaw, Hon Eugenie Sage, Fletcher Tabuteau MP

Cabinet Environment, Energy and Climate Committee (ENV) Cabinet Governance Administration and Expenditure Review Committee (GOV) Cabinet National Security and External Relations Committee (NSC)
Chair Hon David Parker Hon Grant Robertson Rt Hon Winston Peters
Members Rt Hon Jacinda Ardern, Rt Hon Winston Peters, Hon Kelvin Davis, Hon Grant Robertson, Hon Phil Twyford, Hon Dr Megan Woods, Hon Nanaia Mahuta, Hon Stuart Nash, Hon Damien O'Connor, Hon Shane Jones, Hon Meka Whaitiri, Hon James Shaw, Hon Eugenie Sage Rt Hon Jacinda Ardern, Rt Hon Winston Peters, Hon Kelvin Davis, Hon Phil Twyford, Hon Chris Hipkins, Hon Dr David Clark, Hon David Parker, Hon Nanaia Mahuta, Hon Stuart Nash, Hon Clare Curran, Hon Ron Mark, Hon Tracey Martin, Hon Shane Jones, Hon James Shaw, Hon Julie Anne Genter Rt Hon Jacinda Ardern, Hon Kelvin Davis, Hon Grant Robertson, Hon Andrew Little, Hon David Parker, Hon Stuart Nash, Hon Ron Mark
Cabinet Social Wellbeing Committee (SWC)
Chair Hon Carmel Sepuloni
Members

Rt Hon Jacinda Ardern, Rt Hon Winston Peters, Hon Kelvin Davis, Hon Grant Robertson, Hon Phil Twyford, Hon Chris Hipkins, Hon Andrew Little, Hon Dr David Clark, Hon Nanaia Mahuta, Hon Stuart Nash, Hon Jenny Salesa, Hon Damien O'Connor, Hon Tracey Martin, Hon Peeni Henare, Hon Willie Jackson, Hon Aupito William Sio, Hon Julie Anne Genter, Michael Wood MP, Jan Logie MP

See also


Notes

  1. ^ Translated as: "The Rūnanga (lit. council) of the Government of New Zealand"

References

  1. ^ "Clearing up some coalition confusion". Newsroom. 25 October 2017. Retrieved 24 May 2018. 
  2. ^ a b Duncan, Grant (October 2015). "New Zealand's Cabinet Manual: How Does It Shape Constitutional Conventions?". Parliamentary Affairs. 68 (4): 737–756. doi:10.1093/pa/gsu023. 
  3. ^ "Cabinet Manual". cabinetmanual.cabinetoffice.govt.nz. Cabinet Office of New Zealand. Retrieved 31 August 2016. 
  4. ^ Bohan, Edmund (1990). "Stafford, Edward William". Dictionary of New Zealand Biography. Retrieved 7 June 2018. 
  5. ^ a b "Cabinet government". Encyclopedia of New Zealand. Retrieved 1 September 2016. 
  6. ^ ""The Honourable" and "The Right Honourable"". New Zealand Government. Retrieved 26 October 2017. 
  7. ^ "Ministerial list for Announcement" (PDF). Department of the Prime Minister and Cabinet. Retrieved 25 October 2017. 
  8. ^ "Parliamentary Private Secretaries appointed". The Beehive. Retrieved 30 May 2017. 
  9. ^ "Cabinet Manual: Cabinet". Department of Prime Minister and Cabinet. 2008. Retrieved 2 March 2011. 
  10. ^ Taonga, New Zealand Ministry for Culture and Heritage Te Manatu. "4. – Cabinet government – Te Ara Encyclopedia of New Zealand". teara.govt.nz. Retrieved 24 May 2018. 
  11. ^ Palmer, Matthew. "What is New Zealand's constitution and who interprets it? Constitutional realism and the importance of public office-holders" (PDF). Retrieved 21 May 2018. 
  12. ^ "CO (12) 3: National-led Administration – Consultation and Operating Arrangements". CO (12) 3: National-led Administration – Consultation and Operating Arrangements. Retrieved 24 May 2018. 
  13. ^ "What is the MMP voting system?". Retrieved 23 May 2018. 
  14. ^ "General elections 1996–2005". Electoral Commission. Retrieved 23 May 2018. 
  15. ^ "General elections 1996–2005". Electoral Commission. Retrieved 23 May 2018. 
  16. ^ a b Spanhake, Craig (2005). "Cabinet Selection 1960–1997: An Overview of Political Process in New Zealand". Retrieved 20 May 2018. 
  17. ^ [email protected], Derek Cheng (2017-10-24). "Labour-NZ First coalition: At a glance". NZ Herald. ISSN 1170-0777. Retrieved 2018-05-25. 
  18. ^ "Cabinet Committees | DPMC". www.dpmc.govt.nz. Retrieved 15 February 2018. 

External links

  • Cabinet Manual 2017 - DPMC
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