Governor-General of New Zealand

The governor-general of New Zealand (Māori: Te kāwana tianara o Aotearoa) is the representative of the monarch of New Zealand, currently King Charles III. Because the King lives in the United Kingdom and is also the monarch of 14 other Commonwealth realms, he appoints a governor-general to handle his duties in New Zealand, based on the advice of the New Zealand prime minister.

The governor-general carries out many important jobs. These include formal duties like appointing ministers and judges, giving royal assent to laws, and working with parliament. The governor-general also has ceremonial roles, such as hosting events at Government House in Wellington and traveling around New Zealand to support community activities.

The office of governor-general began in 1839 when New Zealand was under the control of the Colony of New South Wales. It became its own colony the next year. The modern role of governor-general started in 1917 and is guided by Letters Patent issued in 1983. Over time, especially after 1947, the governor-general has become the personal representative of the New Zealand monarch, rather than just representing the British government. The current governor-general, Dame Cindy Kiro, has served since 21 October 2021.

Appointment

The monarch of New Zealand chooses the governor-general based on the recommendation of the prime minister of New Zealand. This choice is made official with a document called the "Terms of Appointment," which is sealed with the Seal of New Zealand.

Since 1930, it has been the custom for the New Zealand government to suggest who should be the governor-general. This didn’t become a regular practice until 1967 when the first New Zealand-born person was appointed to the role. Today, the prime minister signs the Terms of Appointment to show that they are responsible for suggesting the governor-general.

Sometimes, the prime minister decides alone, without asking all government members. Since 1980, a group helps the prime minister make a short list of possible candidates. Usually, the leader of the opposition party is also asked for their opinion, though this hasn’t always happened.

In 1977, there was some disagreement when a former prime minister was chosen as governor-general. Some people felt that since he was from a political party, it might not be fair. Because of this, it’s now usual to talk with the opposition leader before making the choice, to keep things fair. The decision is kept private until both the New Zealand government and Buckingham Palace announce it together.

Lately, many of the people chosen as governor-general have been lawyers or judges. This is because understanding laws is important for the job, especially since 1996 when a new way of voting was introduced in New Zealand.

Tenure

The governor-general serves for about five years, but this can sometimes be longer. For example, Dame Silvia Cartwright was meant to finish in 2006, but her time was extended by four months so it would not happen during an election time.

If the governor-general leaves office or cannot perform their duties, the chief justice (currently Helen Winkelmann) steps in to do the job. If the chief justice is not available, the next most senior judge in the New Zealand judiciary takes over.

Dismissal

The prime minister can suggest to the monarch that the governor-general be removed from their role. However, no governor-general of New Zealand has ever been removed this way, so it is not clear how the monarch would respond. Some experts believe the monarch might not follow this advice, while others think they would.

In the 1800s, three early governors of New Zealand were removed from their positions. This happened before New Zealand had its own government system, and the decisions were made by the British government.

Functions

The governor-general of New Zealand carries out duties in three main areas: constitutional, ceremonial, and community. They stay neutral and do not take part in daily government decisions.

Constitutional role

The Constitution Act 1986 states that the governor-general is the monarch's representative in New Zealand. They carry out the monarch's powers, called the Royal Prerogative, such as making appointments and giving approval to laws. These powers are used mostly on the advice of the prime minister and Cabinet.

The governor-general has some important duties in government. They appoint ministers, start and end parliamentary sessions, and give Royal Assent to bills to make them laws. Usually, they follow the prime minister's advice, but they have some special powers if needed.

Ceremonial role

Besides constitutional duties, the governor-general has many ceremonial tasks. They welcome visiting royalty and leaders, represent New Zealand on trips abroad, and sign important documents. They also serve as the ceremonial commander-in-chief of the Defence Force, attending military events and ceremonies.

Community role

The governor-general supports many community groups, including charities and cultural organizations. They attend events, open buildings, and host functions at Government House, Wellington. Each year, they give a New Year's Message to talk about important issues for New Zealand.

Salary and privileges

The New Zealand Government covers all costs for the governor-general. Some reports say this costs about one dollar per person each year, while others suggest higher amounts.

The governor-general receives an annual salary of NZ$440,000, which includes taxes. The governor-general lives in Government House in Wellington, with another smaller home in Auckland. These houses are used for official duties and events. The governor-general also has an official car for travel, currently a BMW 7 Series. The governor-general has special flags and symbols used during official appearances.

History

Governors

From 1832 James Busby was assigned the post of official British resident in New Zealand. He played a role in drafting the Treaty of Waitangi, which established British colonial rule over New Zealand. Captain William Hobson was first appointed lieutenant-governor of New Zealand by letters patent on 24 November 1840 (having previously been the British consul to New Zealand), when New Zealand was part of the colony of New South Wales. While Hobson is usually considered the first governor of New Zealand, Sir George Gipps was the first governor over New Zealand, albeit only in his capacity as governor of New South Wales, until New Zealand was established as a separate colony on 3 May 1841. Hobson continued in office until his death on 10 September 1842. In Hobson's place the Colonial Office appointed Captain Robert FitzRoy. FitzRoy struggled to keep order between Māori and settlers keen to buy their land, with very limited financial and military resources at his disposal. Outbreak of the first armed conflicts of the New Zealand Wars and FitzRoy's siding with Māori claims against the New Zealand Company and its settlers over land deals led to his recall by the Colonial Office in 1845.

FitzRoy's replacement, Sir George Grey, is considered by some historians to be the most important and influential governor of New Zealand. Grey was the last governor of New Zealand to act without reference to parliament. During his first term (1845–1852), Grey petitioned the British Parliament to largely suspend the complex New Zealand Constitution Act 1846 (Grey briefly took the title "governor-in-chief" under the act but this was eventually reverted to governor), drafting his own constitution bill, which became the New Zealand Constitution Act 1852. Grey's first term ended before responsible government was implemented, although he established the first provinces under the 1846 Constitution Act, appointing a lieutenant-governor for each of the provinces: George Dean Pitt for the New Ulster Province and Robert Wynyard for the New Munster Province. The office of lieutenant-governor was superseded by elected superintendents with the implementation of the 1852 Constitution Act, in 1853.

The task of overseeing the transition to a responsible government was left to Robert Wynyard, as the administrator of the Government, who opened the 1st New Zealand Parliament on 24 May 1854. Wynyard was quickly confronted by the demands from members of parliament for the ability to select ministers from among their number—rather than the governor deciding. The parliament passed a resolution to that effect on 2 June. Wynyard and the Executive Council of New Zealand refused to allow this, stating that the Colonial Office made no mention of responsible government in its dispatches. Wynyard then offered to add some elected members of parliament to the Executive Council, which he did—a compromise that worked for a few weeks, until on 1 August 1854, parliament again demanded complete power to appoint ministers. Wynyard refused and prorogued parliament for two weeks. Then on 31 August, he appointed more elected members to the Executive Council, but when Parliament met again on 8 August 1855, it moved a motion of no confidence in the members. Fortunately for Wynyard the next governor, Sir Thomas Gore Browne, arrived on 6 September 1855. Gore Browne's tenure saw the introduction of responsible government, which constrained the powers of the governor, who now had to work with a premier and their ministers. In the following years, Gore Browne and Premier Edward Stafford clashed over whether the governor (and hence the imperial government) had control over Māori affairs, a key issue at the time with the ongoing New Zealand Wars. Stafford began the practice of Cabinet meeting independently of the Executive Council, further reducing the influence of the governor. Sir George Grey returned to New Zealand in 1861 for a second term. Grey struggled to meet the competing demands of the colonial and British governments. The New Zealand Wars had brought many thousands of British troops to New Zealand, and fearing further fighting Grey, with the support of Edward Stafford, evaded Colonial Office instructions to finalise their return to Britain. In the end, the Colonial Office recalled Grey in February 1868.

After Grey, successive governors of New Zealand were derived from the British aristocracy and played a much less active role in government. In only a few instances did the governor refuse the advice of the premier. Ironically this happened mainly during the tenure of Sir George Grey as premier of New Zealand from 1877 to 1879. One famous instance of the use of the governor's powers came during the term of Sir Arthur Gordon. Gordon had left New Zealand on 13 September 1881 for a visit to the Pacific Islands. In his absence, Premier John Hall advised Chief Justice James Prendergast (well-known for his negative opinions about Māori from his decision in the case Wi Parata v the Bishop of Wellington), acting as the administrator, to order the invasion of the Māori pacifist Te Whiti o Rongomai's village at Parihaka, something the Governor had indicated he was opposed to.

Governors-general

British subjects

In 1907 Sir Joseph Ward's Liberal government passed a resolution to turn New Zealand into a dominion as the Dominion of New Zealand. This led to new letters patent being issued in 1917, which greatly curtailed the powers of the governor. To reflect these changes, the office was renamed governor-general (equivalent to governors-general of other dominions), with Arthur Foljambe, 2nd Earl of Liverpool, the serving governor, becoming the first to be titled governor-general.

In 1926, following the King–Byng affair in Canada, an Imperial Conference approved the Balfour Declaration, which defined a British commonwealth as a freely associated grouping known as the British Commonwealth of Nations. The Balfour Declaration was ratified by the Parliament of the United Kingdom with the Statute of Westminster 1931. The effect of the declaration was to elevate the governor-general from a representative of the British government to a regal position with all the theoretical constitutional powers of the sovereign. New Zealand did not ratify the Statute of Westminster until after the Second World War with the Statute of Westminster Adoption Act 1947 being passed on 25 November 1947.

Despite adopting the statute later than most other Commonwealth realms, the functions of the governor-general in representing the British government were gradually reduced prior to the statute passing. For example, beginning in 1939, the high commissioner of the United Kingdom to New Zealand replaced the governor-general as the foremost diplomatic representative of the British government in New Zealand.

In 1945, New Zealand Prime Minister Peter Fraser suggested that Sir Bernard Freyberg, the British-born commander of New Zealand's armed forces, be appointed governor-general. Until 1967, the precedent was that governors-general were nominated by the British government's Foreign Office (and the predecessor Colonial Office) in consultation with the New Zealand prime minister, who then recommended appointments to the sovereign.

New Zealand citizens

During the 1960s, the British government made strong overtures that the appointment of the governor-general should be made by the New Zealand prime minister and the monarch. A Gallup poll for the Auckland Star newspaper found 43 percent of respondents preferred Britons for the role, while 41 percent favoured New Zealanders and 6 percent candidates from other Commonwealth countries. In 1967 the first New Zealand-born governor-general, Sir Arthur Porritt (later Lord Porritt), was appointed to the office, on the advice of the New Zealand Prime Minister, Keith Holyoake. Porritt's appointment was followed by Sir Denis Blundell in 1972, who was the first fully New Zealand-resident governor-general. The appointment of New Zealand citizens and residents led to concerns that the constitutional convention that governors-general remain "above party politics" might be compromised, especially with the appointment of former prime minister Sir Keith Holyoake to the role in 1977. Despite this appointment, Holyoake was said to have acted in an impartial way, especially following the very close 1981 general election.

In 1983, letters patent were issued once again, further reducing the powers of the office. The new letters patent were counter-signed by the New Zealand Prime Minister, symbolising the "patriation" of the office. The governor-general now presided over the "Realm of New Zealand" instead of the "Dominion of New Zealand".

Following the 1984 constitutional crisis, the 1852 Constitution Act was replaced by the Constitution Act 1986 and the governor-general's powers further limited. For example, section 16 of the 1986 act significantly narrowed section 56 of the 1852 act so that the governor-general has much less discretion to refuse royal assent to bills of parliament.

With the patriation of the office came an expectation that the officeholders would be representative of New Zealanders generally; since then a more diverse group of governors-general have been appointed. Former Anglican Archbishop of New Zealand Sir Paul Reeves (served 1985–90) was the first Māori Governor-General. Dame Catherine Tizard (1990–96) was the first woman to be appointed to the office. Sir Anand Satyanand (2006–11) was the first Governor-General of Indian and Pasifika descent, and the first Roman Catholic to hold the office.

Beginning in the late 20th century, the governor-general has been performing more and more of the head of state's functions, such as travelling overseas, representing all New Zealanders at major international events and generally promoting New Zealand interests abroad. The first time such a visit occurred was in 1989 for the death and state funeral of Hirohito, the late Japanese emperor. New Zealand governors-general could not make state visits until 1992, when the King of Spain invited Dame Catherine Tizard on a state visit for the Seville Expo '92. Advisers at Buckingham Palace stated that Elizabeth II was unable to travel abroad in her capacity as the queen of New Zealand. As a compromise, the Palace agreed that governors-general could accept invitations for state visits, but that it must be made clear that the governor-general is the sovereign's representative. At the 2007 commemorations of the Battle of Passchendaele, Governor-General Anand Satyanand represented New Zealand on behalf of the Queen, while the Queen herself represented the United Kingdom.

Reform of the office is usually only mentioned in the context of a New Zealand republic. Helen Clark, while defending Dame Silvia Cartwright after a political controversy surrounding Cartwright's comments on prison sentences, stated, "One of the challenges for us is we clearly are no longer a dominion of Britain where the Governor-General is exactly like the Queen. I think we need to consider how the role of Governor-General might evolve further. As you know, my view is that one day there will be a president fulfilling the kind of role the Governor-General does." Others, such as Professor Noel Cox have argued that the governor-general's role needs to be updated, rather than reforming the office.

Some constitutional academics expressed concern that the process of electoral reform could result in the governor-general having greater political influence due to the reserve powers of government formation. In 1993, then Governor-General Dame Catherine Tizard caused controversy by suggesting that under the proposed mixed-member proportional (MMP) electoral system, the governor-general might need to use their reserve powers more often. This is because MMP elections usually do not result in a single governing party with an outright majority, thus requiring the governor-general to identify a minority parliamentary leader to form a government. Following the adoption of MMP at a referendum later in 1993, Prime Minister Jim Bolger suggested at the opening of parliament in 1994 that one reason New Zealand might move to a republic was that the governor-general would have more influence under the new electoral system. In a 1996 address, Governor-General Sir Michael Hardie Boys clarified how he would use his powers in the case of an unclear electoral result; he maintained that politicians must decide who would govern, and only after a public announcement of their decision would he appoint a prime minister.

In December 2009 a review of the Civil List Act 1979 by the Law Commission recommended that part 1 of the act be repealed, and replaced with a new Governor-General Bill to reflect the nature of the modern office of governor-general. The most significant change would be that the governor-general was no longer exempt from paying income tax on their salary. The changes proposed in the report would take effect for the appointment and term of the next governor-general. The bill was introduced into the House of Representatives on 28 June 2010 and was granted royal assent on 22 November 2010.

In 2020 a poll by Curia, commissioned by New Zealand Republic, found 32 percent of New Zealanders thought the governor-general was the head of state, and only 18 percent could name the Queen as New Zealand's head of state (25 percent answered that it was the prime minister).