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Governor-General of New Zealand

Representative of the monarch

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Through United Kingdom and Head of state

Governors-general typically serve a five-year term of office, subject to a possible short extension, though they formally serve "at the monarch's pleasure". The incumbent governor-general is Dame Cindy Kiro, since 21 October 2021. Administrative support for the governor-general is provided by the Department of the Prime Minister and Cabinet. Constitutional functions include presiding over the Executive Council, appointing ministers and judges, granting royal assent to legislation, and summoning and dissolving parliament. These functions are generally exercised only according to the advice of an elected government. The governor-general also has important ceremonial roles: hosting events at Government House in Wellington, and travelling throughout New Zealand to open conferences, attend services and commemorations, and generally provide encouragement to individuals and groups who are contributing to their communities.

The current office traces its origins to when the administration of New Zealand was placed under the Colony of New South Wales in 1839 and its governor was given jurisdiction over New Zealand. New Zealand would become its own colony the next year with its own governor. The modern title and functions of the "governor-general" came into being in 1917, and the office is currently mandated by Letters Patent issued in 1983, constituting "the Governor-General and Commander-in-Chief of the Realm of New Zealand". The governor initially represented the British monarch and the British government. Therefore, many past officeholders were from the United Kingdom, including a succession of minor aristocrats from the 1890s onwards. In a gradual process, especially with the adoption of the Statute of Westminster in 1947, the governor-general has become the independent, personal representative of the New Zealand monarch. In 1972, Sir Denis Blundell became the first New Zealand resident to be appointed to the office. When travelling abroad, particularly more frequently since the late 20th century, the governor-general is seen as the national representative of New Zealand; for this reason, the governor-general has been described by academics and politicians as the de facto head of state, though the Constitution Act 1986 explicitly identifies the monarch as New Zealand's head of state.

Appointment

The monarch of New Zealand appoints the governor-general on the sole recommendation of the prime minister of New Zealand, by commission issued under the Seal of New Zealand, known as the "Terms of Appointment".

Constitutional convention adopted in 1930, following the Imperial Conference held that year, allowed for the appointment of the governor-general to be made upon the advice of the New Zealand Government, though that right was not exercised directly by a New Zealand prime minister until 1967, with the appointment of the first New Zealand-born governor-general, Sir Arthur Porritt on the advice of Keith Holyoake. The next governor-general, Sir Denis Blundell, was the first New Zealand born and resident governor-general. Today, the Terms of Appointment are counter-signed by the prime minister, to signify that the prime minister is responsible for advising the sovereign on the appointment.

The prime minister's advice has sometimes been the result of a decision by Cabinet; there is no requirement for this, and there have been a number of instances where the governor-general was appointed with no consultation of Cabinet. Since 1980, the Department of the Prime Minister and Cabinet prepares a short list of candidates for the office. By convention, the leader of the Opposition is consulted on the appointment; this has not always been the case.

On only one occasion has the prime minister's choice of appointee aroused public anger or complaint, and that controversy was short-lived. In 1977, Sir Keith Holyoake, a former National Party prime minister and a serving minister of state, was controversially appointed as governor-general. The Leader of the Opposition, Bill Rowling, complained he had not been consulted by Prime Minister Robert Muldoon on the appointment of Holyoake, and openly suggested that he would have recommended Sir Edmund Hillary instead. (Rowling's remark was in turn criticised by the Government, as Hillary had backed the opposition Labour Party in 1975 as part of the "Citizens for Rowling" campaign.) It was suggested by many commentators that it would be inappropriate to entrust the office to a former party leader or anyone who is closely allied with a political party; despite his background, Holyoake could not be said to have discharged his duties in a partisan way, and he stayed in office for only three years. Since Holyoake's appointment, the prime minister is now meant to consult with the leader of the opposition during the nomination process, to avoid partisan controversy, and informally seek approval for the appointment from the monarch. The decision is then kept confidential until both the New Zealand Government and Buckingham Palace (the royal household) announce the appointment simultaneously.

Beginning with the appointment of Sir David Beattie in 1980, lawyers and judges have predominated as governors-general. Following the introduction of MMP in 1996, it has been determined that an understanding of constitutional law is an important prerequisite for candidacy to the office. The first governor-general to preside over a MMP general election was Sir Michael Hardie Boys, a retired high court judge. Hardie Boys was appointed in 1995 on the advice of then prime minister Jim Bolger, following notification of all leaders of parties then represented in parliament, to ensure broad cross-party support. Following Hardie Boys' appointment other party leaders are only notified very shortly before the announcement is made, if at all.

There has been on-and-off speculation that a member of the royal family might take up the position. In 2004, National MP Richard Worth, an avowed monarchist, asked Prime Minister Helen Clark whether she had considered nominating the Queen's son, Prince Edward, Earl of Wessex, to be the next governor-general.

Swearing-in ceremony

The commission of appointment is publicly read in the presence of the chief justice and the members of the Executive Council before the governor-general enters office. The chief justice or other High Court judge then administers the Oath (or Affirmation) of Allegiance, and the Oath (or Affirmation) of Office to the governor-general.

Election proposals

From time to time, there have been proposals to elect the governor-general. When first drafted by then Governor George Grey, the New Zealand Constitution Act 1852 contained a provision for the governor to be elected by New Zealand's parliament. This provision was removed from the final enactment, probably because the Colonial Office wanted to keep a check on New Zealand's colonial government. In 1887, Sir George Grey, by then also a former premier, moved the Election of Governor Bill to make the office of governor an elective position. The Bill was narrowly defeated 46–48, being opposed by the government of Harry Atkinson. In 1889, Grey tried again with another bill, which if passed would have allowed for a "British subject" to be elected to the office of governor "precisely as an ordinary parliamentary election in each district."

In 2006, political commentator Colin James suggested that the governor-general could be elected (or, more correctly, nominated to the monarch) by a 60 percent majority of votes in parliament. James argued that the New Zealand public should be given the ability to choose the Queen's representative and that the current system is undemocratic and not transparent. Such a system is not unique: the governors-general of Papua New Guinea and the Solomon Islands are nominated in such a way. Constitutional law specialist Professor Noel Cox, who is a former chair of Monarchy New Zealand, criticised the proposal, claiming that "[g]iving the Governor-General a new and separate source of democratic legitimacy could result in a separation between Ministers and Governors-General. (...) the Governors-General would have their own independent popular mandate, and become potential political rivals of the Ministers".

In February 2008, republican group New Zealand Republic proposed electing the governor-general as an interim step to a republic, arguing "Electing the Governor-General allows for easier transition to a republic because the populace is used to electing someone as a ceremonial de facto head of state." With the introduction of the Governor-General Act 2010, Green MP Keith Locke suggested parliament recommend the next governor-general's appointment to the Queen, with a recommendation endorsed by three-quarters of parliament. In its submission to the select committee considering the Bill, the Republican Movement suggested parliament appoint the next governor-general with a three-quarters majority plus a majority of party leaders in parliament, with a similar dismissal process and a fixed five-year term. National MP Nikki Kaye queried whether several single-member parties in parliament could veto the decision, suggesting this could give them disproportionate influence if an appointment relied on one vote per leader. The Republican Movement responded that such a method would ensure appointments were made that most MPs and parties found acceptable.

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