Lecture 2 Notes – Executive Branch, Cabinet & Electoral System
Course & Administrative Announcements
Essay 1 marks + feedback released on Moodle.
Contact lecturer for “part-time” concerns or clarifications.
Essay 2 released; due 18 Aug (automatic 10-day extension ➔ 1 Sep).
Length: words (footnotes excluded).
Use the Law Style Guide consistently.
Upcoming lectures will map directly onto Essay 2 requirements.
Guest Promotion: Women in Law Association (WELA)
Casino Night: 1 Aug at “the Don”; 18+ event, tickets via WELA social media.
Family Negotiation Competition
Few places left; form in Instagram bio.
Partners assigned if you register solo.
Excellent practice + networking within legal community.
Lecture Roadmap
Revisit NZ constitutional framework.
Deep dive: Executive branch – composition, powers, limits, relationship to other branches.
Examine principles of good government & public-service neutrality.
Map current Cabinet, ministers & portfolios (quiz with incentives).
NZ electoral system (MMP), Māori seats & coalition dynamics.
Judicial / Waitangi-Tribunal checks on executive power.
Constitutional Framework Recap
NZ constitution is uncodified ➔ found in multiple sources:
Constitution Act 1986, Bill of Rights Act 1990, Electoral Act 1993.
Te Tiriti o Waitangi (Treaty of Waitangi).
International agreements/conventions.
Common law + constitutional conventions & principles.
Contrast: US has a single entrenched document.
Doctrine of Parliamentary Sovereignty & Rule of Law
Origin: A. V. Dicey (1835–1922), Westminster model.
Core propositions:
Parliament can make, unmake, or repeal any law.
No other person/body may invalidate parliamentary enactments.
Embedded Rule of Law components:
Supremacy of law – nobody (incl. ministers) is above it.
Equality before the courts.
Laws must be clear, certain & publicly accessible.
Courts open to tikanga-Māori processes (access to justice + equity).
Westminster adopters: Australia, Canada, India, NZ, other Commonwealth states.
Governor-General & Head of State
Sovereign (currently King Charles III) = Head of State (Constitution Act 1986 s 2).
Representative: Dame Cindy Kiro (Governor-General).
Roles (3 broad clusters):
Constitutional: appoint judges & ministers, summon/dissolve Parliament, grant Royal Assent to bills.
Ceremonial/Symbolic: investitures, honours, national ceremonies.
Community & international outreach: regional visits, diplomacy.
“While the sovereign reigns, the Government rules.”
First Māori G-G: Sir Paul Reeves (1985); first woman: Dame Catherine Tizard (1990).
Principles of Good Government / Public Service
Political neutrality – officials serve the Government of the day regardless of personal views.
Honesty & free–frank advice – underpins integrity & legitimacy.
Merit-based appointments – transparency & fairness.
Open government – public access to information; builds trust.
Stewardship – long-term, inter-generational thinking, esp. fiscal/resource decisions.
Executive Branch Overview
One of three separated powers (Executive, Legislature, Judiciary) ➔ avoids concentration of power.
Composition: Prime Minister, Cabinet ministers, non-Cabinet ministers, and their supporting public-service departments.
Key functions:
Policy formulation & legislative proposals.
Administration/implementation of enacted laws.
Budgeting & resource allocation.
International relations & treaty negotiation.
Crisis powers (e.g., COVID-19, Cyclone Gabrielle) – emergency orders/legislation.
Ministers may hold multiple portfolios; supported by neutral departments.
Executive accountable to Parliament (question time, select committees, debates, media scrutiny).
Cabinet & Ministers
Current Cabinet ≈ ministers (20 incl. PM).
Coalition: National (maj.), ACT (3), NZ First (3).
Cabinet responsibilities (“collective responsibility”):
Agree policy & expenditure priorities.
Oversee new legislation.
Manage departments & international treaties.
Present united public stance regardless of internal dissent.
Caucus = party MPs meet to discuss strategy & enforce voting discipline.
Crossing the floor – MP votes against party line ➔ may cause internal repercussions.
Cabinet Manual
Detailed procedural guide (not law, but authoritative convention).
Covers: roles, decision-making processes, confidentiality, conflicts, collective responsibility, caretaker conventions.
Government Agencies & Portfolios (selected 2024 snapshot)
Christopher Luxon – PM; National Security & Intelligence.
Nicola Willis – Finance; Economic Growth; Social Investment.
Judith Collins – Defence; Space.
Erica Stanford – Education; Immigration.
Chris Bishop – Housing; Infrastructure; Transport; RMA Reform; Leader of the House.
Paul Goldsmith – Justice; Treaty of Waitangi Negotiations; Arts, Culture & Heritage; Media/Comms.
David Seymour – Regulation; Deputy PM.
Tama Potaka – Māori Crown Relations; Māori Development; Whānau Ora; Conservation.
Simon Watts – Energy; Climate Change; Local Govt; Revenue.
Simeon Brown – (noted quiz error) Minister for Auckland etc.
{Full official list posted on Moodle.}
Checks & Balances on Executive Power
Parliamentary questions & select committees.
Judicial review & common-law precedent (see below).
Waitangi Tribunal inquiries – treaty compliance.
Elections – electorate can remove MPs every years.
Electoral System – Mixed Member Proportional (MMP)
Adopted 1996 (replaced First-Past-the-Post).
Voter casts two votes:
Party vote – determines overall proportionality.
Electorate vote – chooses local MP.
Standard Parliament size seats; may rise via overhang seats if a party wins more electorates than its party-vote share warrants.
Thresholds to enter Parliament:
Win ≥ electorate seat OR
Achieve ≥ of party vote.
Coalition / Confidence-and-Supply agreements often required to surpass >50\% support for Government formation.
Māori Electoral Option & Seats
Māori can enrol on Māori roll or General roll (now changeable any time).
Number of Māori electorates proportional to Māori-roll population (currently seats).
Ensures treaty-grounded representation; ongoing debate about sufficiency.
Key Court Cases on Executive Authority
Fitzgerald v Muldoon (1976)
PM announced abolition of superannuation scheme without legislation.
Held: Executive cannot suspend/repeal law; only Parliament can.
Simpson v Attorney-General (1994) – “Baigent’s Case”
Police executed warrant at wrong address ➔ breach of NZ Bill of Rights (unreasonable search & seizure).
Confirmed public officials subject to law; damages available for rights breach.
Borrowdale v Director-General of Health (2020)
Challenged legality of initial COVID-19 lockdown orders.
Court: First days lacked proper legal basis; subsequent orders valid.
Emphasised need for due process even during emergencies.
Waitangi Tribunal Commentary on Executive
WAI 262 – “Flora & Fauna / Ko Aotearoa Tēnei” (2011)
Critiqued fragmented Crown policy on Māori intellectual property & cultural heritage.
Urged coordinated, partnership-based executive engagement.
WAI 2915 – Oranga Tamariki Urgent Inquiry (2021-23)
Found systemic treaty breaches in Māori child uplifts.
Recommended structural reform & stronger executive accountability.
Ethical & Practical Implications
Power must be balanced by transparency, neutrality & legality.
Executive decisions deeply affect rights, culture, environment & economic priorities.
Lawyers/policy advisors must scrutinise statute + policy + treaty + convention.
Electoral participation shapes who wields executive authority.
Study Connections & Exam Tips
Link Dicey’s sovereignty theory to NZ’s multi-source constitution.
Be ready to discuss separation of powers with overlapping personnel (MPs who are also ministers).
Know at least 5 current ministers & their portfolios; be able to explain Cabinet collective responsibility.
Understand MMP mechanics: thresholds, overhang, coalition bargaining.
Cite key cases as precedents limiting executive power.
Use Treaty principles (partnership, active protection, redress) when analysing executive policies affecting Māori.
Numerical facts to memorise:
standard seats; Māori seats.
party-vote threshold.
Parliamentary term years.
Cabinet ≈ ministers; Constitution Act 1986.