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Cabinet Manual 2017 Contents vii Speaking engagements endorsements and non ministerial activities 34 Speaking engagements 34 Endorsement of products services or organisations 35 Charitable fundraising 35 Business and professional activities 35 Provision of references 35 Use of information after leaving office 35
Published in 2017 by the Cabinet Office Department of the Prime Minister and Cabinet. Parliament Buildings Wellington New Zealand,Crown Copyright. This work is licensed under the Creative Commons Attribution 4 0 International licence In. essence you are free to copy distribute and adapt the work as long as you attribute the work to. the Crown Department of the Prime Minister and Cabinet and abide by the other licence terms. To view a copy of this licence visit https creativecommons org licenses by 4 0 Please note that no departmental. or governmental emblem logo or Coat of Arms may be used in any way which infringes any provision of the. Flags Emblems and Names Protection Act 1981 Attribution to the Crown should be in written form and not by. reproduction of any such emblem logo or Coat of Arms. ISBN 978 0 947520 02 1 paperback, ISBN 978 0 947520 03 8 www dpmc govt nz cabinet manual. Cabinet Manual 2017,Summary of Contents,Foreword xv. Preface xvii, On the Constitution of New Zealand An Introduction to the Foundations of the. Current Form of Government 1, 1 Sovereign Governor General and Executive Council 7. 2 Ministers of the Crown Appointment Role and Conduct 19. 3 Ministers of the Crown and the State Sector 41,4 Ministers the Law and Inquiries 57. 5 Cabinet Decision making 73, 6 Elections Transitions and Government Formation 87. 7 The Executive Legislation and the House 99,8 Official Information and Public Records 123. Appendix Letters Patent Constituting the Office of Governor General of. New Zealand 1983 147,Summary of Contents iii,Cabinet Manual 2017. Foreword xv,Preface xvii, On the Constitution of New Zealand An Introduction to the Foundations of the. Current Form of Government 1, 1 Sovereign Governor General and Executive Council 7. Introduction 7,Sovereign of New Zealand 7,References to the Crown 7. Governor General 7,Office of Governor General 7,Formal powers and functions of office 8. Royal prerogative 8,International role 8,Exercising the powers and functions of office 9. Administrator of the Government 9,Executive Council 9. Membership of Executive Council 10, Resignations and dismissals of members of the Executive Council 10. Clerk of the Executive Council 11,Meetings of Executive Council 12. Items for consideration by Executive Council 12,Preparing items for Executive Council 12. Meetings quorum and attendance 12,Confidentiality 13. Gazetting and entry into force 13,Announcement 14,New Zealand Royal Honours System 14. General 14,Administration 15,Nominations 15, New Zealand Royal Honours for non New Zealand citizens 15. The Right Honourable and The Honourable 15, Acceptance of foreign honours by New Zealand citizens 16. Heraldry 16,Order of Precedence 16,Contents v,Cabinet Manual 2017. 2 Ministers of the Crown Appointment Role and Conduct 19. Introduction 19,Prime Minister 19,Appointment 19,Deputy Prime Minister 20. Ministers 21,Appointment 21,Resignation and dismissal 21. Legal power for Ministers to act for other Ministers 21. Role and powers of Ministers 22,Financial responsibility of Ministers 23. Cabinet Ministers Ministers outside Cabinet and Ministers of State 23. Ministerial portfolios 24,Associate Ministers 24,Acting Ministers 25. Duty Ministers 26,Parliamentary Under Secretaries 26. Parliamentary Private Secretaries 27,Conduct public duty and personal interests 27. General 27,Conduct of Ministers 27, Register of Pecuniary and Other Specified Interests of Members of Parliament 28. Ministers interests 28,Identifying conflicts of interest 29. Types of conflicts of interest 29,Pecuniary interests 29. Interests of family wh nau and close associates 29. Association 30,Managing conflicts of interest 30,Conflicts of interest in the House 31. Constituency interests 32, Interactions with representatives from non government or commercial organisations 32. General 32,Gifts from foreign governments 33, Gifts from non government or commercial organisations 33. Cultural gifts 33,Political party donations 34,vi Contents. Cabinet Manual 2017, Speaking engagements endorsements and non ministerial activities 34. Speaking engagements 34, Endorsement of products services or organisations 35. Charitable fundraising 35,Business and professional activities 35. Provision of references 35,Use of information after leaving office 35. Government advertising and publicity guidelines 36. Ministerial travel 36,Overseas travel 36,Purpose of travel 36. Approval of travel 37,Travel costs 37, Accompanying family members staff and officials 37. Reporting on overseas travel 38,Personal travel overseas 38. Visits by Leaders and Ministers from other countries 38. Travel within New Zealand 38,3 Ministers of the Crown and the State Sector 41. Introduction 41, The public service the state services and the state sector 41. Public service 41,State services 41,State sector 42. Ministers and the public service 42,Roles and responsibilities 42. Ministers relationships with chief executives 43,Accountability documents 44. Briefing for incoming Ministers 44,Ministers and officials 45. Individual ministerial responsibility for departmental actions 46. Appointment and review of chief executives 47,Chief executives as employers 47. Ministers and Crown entities 48,General 48,Role of Ministers 48. Directions to support a whole of government approach 49. Role of Crown entity boards 49,Role of monitoring departments 50. Ministers and companies in the state sector 50,General principles 50. State owned enterprises 50, Integrity and conduct throughout the state sector 51. Principles of public service 51,Contents vii,Cabinet Manual 2017. Processes for upholding the principles of public service 52. Public comment on government policy 52, Public servants contact with the House of Representatives and political parties 53. Select committees 53,Caucus and caucus committees 53. Supporting consultation and negotiation between political parties 53. Private communications with Ministers and members of Parliament 54. 4 Ministers the Law and Inquiries 57,Introduction 57. Attorney General 57,General 57,Role of Attorney General 57. Law officer role 57,Legal proceedings involving the Crown 58. Link between the judiciary and the government 58,Responsibility for agencies 58. Attorney General s functions and section 7 of the Constitution Act 1986 58. Comment by Ministers on judicial decisions 58,Crown legal business 59. Litigation involving Ministers 59,Judicial review 59. Production or discovery of documents and appearance in court by Ministers. to give evidence 60,Service of court documents 61,Indemnity of Minister as a defendant 62. Proceedings brought against Ministers 62, Proceedings concerning the exercise of ministerial powers 62. Proceedings against a Minister personally 62,Indemnity in other cases 62. Preliminary steps 63,Cabinet consideration 63, Procedure where the Crown undertakes the defence 63. Procedure where private counsel is retained 63,Payment of costs or damages awarded 64. Receipt of costs or damages awarded 64,Indemnity of Minister as plaintiff 64. Legal advice and legal professional privilege 65,General 65. Legal professional privilege 65, Guidelines for the presentation of legal advice 66. Waiver of legal privilege 66,Release of legal advice 67. viii Contents,Cabinet Manual 2017,Inquiries 67,General 67. Statutory inquiries 68,Royal commissions 68,Public inquiries 68. Government inquiries 68, Duties powers immunities and privileges of statutory inquiries 69. Administrative support for inquiries 69,Establishing an inquiry 69. Subject of inquiry 70,Purpose of inquiry 70,Terms of reference 70. Appointment of inquirer or commissioner 70,Budget and timeframe 71. Other inquiries 71,Non statutory ministerial inquiries 71. Statutory bodies with inquiry powers 71,Select committee inquiries 72. 5 Cabinet Decision making 73,Introduction 73,Cabinet 73. Cabinet committees 73,Principles of Cabinet decision making 74. Items for consideration by Cabinet 74,Consultation 75. Portfolio consultation 75,Political consultation 76. Departmental consultation 76,Statutory consultation processes 76. Public consultation 76,Confidentiality 77,Collective responsibility 77. Principle of collective responsibility 77, Collective responsibility and coalition Ministers 77. Collective responsibility and support party Ministers 77. Collective responsibility and Parliamentary Under Secretaries 78. Law officer function 78, Collective decision making and government agencies 78. Exercise of Ministers statutory powers and functions in the collective Cabinet context 78. Statutory decisions 78,Statutory decisions and Executive Council 79. Cabinet and Cabinet committee procedures 79,Preparing and submitting Cabinet papers 79. Deadlines and late papers 80,Contents ix,Cabinet Manual 2017. Amendments to papers 80,Withdrawal of papers 80,Agendas 80. Oral items 81,Minutes 81,Meetings 81,Chairs of meetings 81. Attendance of Ministers 81, Attendance of officials and visiting dignitaries at Cabinet 82. Attendance of officials at Cabinet committee meetings 82. Financial matters and Cabinet 83,Government spending 83. The Budget cycle 83,The Crown s financial veto 84,Impact analysis for regulatory proposals 84. Constitutional issues and Cabinet 84,International treaties and Cabinet 84. Referral to Cabinet of decisions taken outside the Cabinet process 85. Secretary of the Cabinet and the Cabinet Office 85. 6 Elections Transitions and Government Formation 87. Introduction 87,The electoral cycle 87,General 87, Cabinet and Ministers decision making before and after an election 88. Pre election period 88,Transitions following an election 89. General 89,Outcome of elections 90,Caretaker convention 90. General 90,Principles of the caretaker convention 90. Two arms of the convention 90,Unclear outcome 91,Clear outcome 92. Decision making process under the caretaker convention 92. Departments and other state sector agencies 92,Day to day administration 92. Departments 92, Crown entities state owned enterprises and other state sector agencies 93. Ministerial decisions 93,Coordination and the Prime Minister s role 93. Guidance on decisions about expenditure and the Official Information. Act 1982 93,x Contents,Cabinet Manual 2017,Government formation 94. General 94, Principles and processes of government formation 94. Outgoing Ministers 94,Appointment of a new government 95. Mid term transitions 95,General 95, Mid term change of Prime Minister with no change of government 95. Mid term change of government 96,Early election 96. Provision of information by the state sector during transitions 96. 7 The Executive Legislation and the House 99,Introduction 99. Speech from the Throne 100,Prime Minister s statement 100. Government legislation programme 100,Purpose of the legislation programme 100. Confidentiality 101,Development of the legislation programme 101. Monitoring the legislation programme 101,Legislation Coordinator 101. Revision Bills 102,Law Commission work programme 102. Development and approval of bills 102,From policy to enactment 102. Process for developing bills 103,Assessing the need for legislation 103. Consultation 104,Effective and appropriate consultation 104. Ministerial colleagues 104,Caucus es 104,Political consultation 104. Inter agency consultation 105,Ministry of Justice 105. Regulatory Quality Team the Treasury 105, Portfolios and the administration of legislation 105. Legislation Design and Advisory Committee 105,Officers of Parliament 106. Clerk of the House of Representatives 106,Organisations outside the state services 106. Consultation timeframes and processes 107,Drafting legislation 107. Role of the drafter 107,Drafting instructions 107,Contents xi. Cabinet Manual 2017, Consideration by Cabinet Legislation Committee and Cabinet 108. Reference to caucus es 108, Consultation with non government parliamentary parties 109. Compliance with legal principles and obligations 109. Omnibus bills 110,Policy changes to a bill after introduction 110. Non government legislative proposals 111,Regulations 112. Authority to make regulations 112,Scrutiny of regulations 112. Planning for the development of regulations 113, Process for developing regulations to be made by Order in Council 113. The 28 day rule 114,Publicising new regulations 115. Ministers and the House 115,Questions for oral or written answer 116. Ministers and select committees 116,General 116,Consideration of bills 117. Submissions on bills by departments 117, Government responses to reports of select committees 118. Parliamentary treaty examination 118,General 118,National interest analysis 118. Select committee consideration 119,Related legislation 119. Further information 119,Crown s financial veto 120. Citizens initiated referenda 120,8 Official Information and Public Records 123. Introduction 123,Information held by government 123. Security classification of government documents 124. Improper release or use of information held by the government 124. Unauthorised release of information 124,Exploitation of information for private gain 124. Information about commercial entities 125, Proactive release of information including Cabinet material 125. Official Information Act 1982 126,Purpose of the Act 126. What is official information 126,Complying with the Official Information Act 127. Informal advice and training 128, Requests for Cabinet material under the Official Information Act 128. xii Contents,Cabinet Manual 2017, Security classifications and endorsements and the Official Information Act 129. Consultation on Official Information Act requests 129. Undertaking consultation 129,Consultation by Ministers 129. Consultation between departments 129,Departments consultation with Ministers 130. Coordinating Official Information Act requests 130. Charging for official information 131, Review of decisions to withhold official information 131. Conduct of the review 131,Ombudsman s recommendation 131. Privacy Act 1993 132,Purpose of the Act 132,Compliance 132. Ministerial access to and use of personal information 132. Role of the Privacy Commissioner 133,Ombudsmen Act 1975 134. Providing information to select committees 134, Production or discovery of official documents in legal proceedings 135. Requests for parliamentary information 135,Ministers and Public Records 135. Creating and maintaining records 136,Management of records 136. Cabinet and Cabinet committee records 137,Departmental papers and files 137. Remainder of Ministers papers 137, Deposit of Ministers papers with Archives New Zealand 137. Assessing requests for public access to Ministers papers 138. Records deposited by current Ministers 138, Ministers papers deposited by former Ministers 138. Deposit of personal records 139, Disclosure and use of official information by former Ministers 139. Convention on access to Cabinet records of a previous administration 140. General 140,Documents covered by the convention 140. Incumbent Ministers 140,Former Ministers 141, Releasing Cabinet documents of a previous opposition administration 141. Letters Patent Constituting the Office of Governor General of New Zealand 1983 147. Contents xiii,Cabinet Manual 2017, The system of Cabinet government is an essential element of New Zealand s democracy. Cabinet provides the forum in which Ministers collectively consider debate and decide on the. key issues facing the nation The operations of Cabinet are not set out in legislation but have. evolved over time into the system we have today, The Cabinet Manual is the primary authority on the conduct of Cabinet government in. New Zealand It documents Cabinet s procedure and provides authoritative guidance for. Ministers their offices and those working within government Successive governments have. endorsed the Cabinet Manual as a principled and effective basis on which to operate. Each iteration of the Cabinet Manual records incremental changes in the constitutional and. administrative arrangements of executive government For example in this edition the guidance. on Ministers and the House of Representatives has been updated the text reflects amendments. to legislation governing the operation of the State sector and changes to Cabinet decision. making procedures and processes have been incorporated. Cabinet has approved the content of the Cabinet Manual I commend the new edition to all. those working in government and encourage them to use it and follow the guidance it contains.