Governor-General Act 2010
Encyclopedia
The Governor-General Act 2010 (Public Act no 122 2010) is an Act of the New Zealand Parliament. It reformed the Governor-General of New Zealand
's financial programme.
began a review of the Civil List Act 1979
, with an issues paper being released in July 2008. In a press release, Law Commission President Sir Geoffrey Palmer said "The Act has not been comprehensively reviewed for many years. Some of its provisions are outdated. Some of the language is archaic. There is some unnecessary overlap between this Act and other legislation which creates complexity."
The Clerk of the Executive Council, Clerk of the House of Representatives, Graeme Edgeler, Parliamentary Service and the Republican Movement of Aotearoa New Zealand
made a submissions to the review, largely in favour of the Law Commission's recommendations.
The review was completed in 7 December 2009. The Law Commission recommended that part one of the Civil List Act 1979 be repealed, and replaced with a new statute to reflect the nature of the modern office of Governor-General. It included an example Governor-General Bill in the review's appendix. The most significant change would be that the Governor-General is 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 following Sir Anand Satyanand
.
, it was introduced by Prime Minister John Key
.
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. The Bill was passed unanimously and referred to the Government Administration Committee on 20 July 2010.
Monarchy New Zealand made a submission in support of the Bill.
In line with its submission to the Law Commission, the Republican Movement of Aotearoa New Zealand also supported the Bill. It also 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 one-member parties in parliament could veto the decision, which could give them too much power if an appointment was based on one vote per leader. The Republican Movement responded that the method would ensure appointments were made that most MPs and parties found acceptable.
The Select Committee reported back on 8 September 2010, and recommended that the Bill be passed. On suggestions made by submitters on the Bill for an appointment and dismissal process for the Governor-General, the committee stated "As this bill has a single focus on the financial arrangements of the Governor-General, we were advised that all of these issues lie outside its scope." The committee sought advice from the office of the Clerk of the House of Representatives, who advised the amendments were out of scope.
Governor-General of New Zealand
The Governor-General of New Zealand is the representative of the monarch of New Zealand . The Governor-General acts as the Queen's vice-regal representative in New Zealand and is often viewed as the de facto head of state....
's financial programme.
Background
In 2007, the New Zealand Law CommissionNew Zealand Law Commission
New Zealand's Law Commission was established in 1986 by the Law Commission Act 1985. The Commission is a Crown Entity under the Crown Entities Act 2004....
began a review of the Civil List Act 1979
Civil List Act 1979
The Civil List Act 1979 is a statute of the Parliament of New Zealand which defines the allowances, salaries and annuities of the Governor-General, Prime Minister, Cabinet Ministers and Members of Parliament.-Part One: Governor-General:...
, with an issues paper being released in July 2008. In a press release, Law Commission President Sir Geoffrey Palmer said "The Act has not been comprehensively reviewed for many years. Some of its provisions are outdated. Some of the language is archaic. There is some unnecessary overlap between this Act and other legislation which creates complexity."
The Clerk of the Executive Council, Clerk of the House of Representatives, Graeme Edgeler, Parliamentary Service and the Republican Movement of Aotearoa New Zealand
Republican Movement of Aotearoa New Zealand
The Republican Movement of Aotearoa New Zealand is an organisation formed in 1994 whose object is to support the creation of a New Zealand republic . It is Chaired by Lewis Holden. The patron of the Movement is Keri Hulme, a New Zealand writer famous for her 1985 Booker Prize winning novel The Bone...
made a submissions to the review, largely in favour of the Law Commission's recommendations.
The review was completed in 7 December 2009. The Law Commission recommended that part one of the Civil List Act 1979 be repealed, and replaced with a new statute to reflect the nature of the modern office of Governor-General. It included an example Governor-General Bill in the review's appendix. The most significant change would be that the Governor-General is 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 following Sir Anand Satyanand
Anand Satyanand
Sir Anand Satyanand, GNZM, QSO, KStJ was the 19th Governor-General of New Zealand. He previously worked as a lawyer, judge and ombudsman.-Early life and family:...
.
Introduction and first reading
The Governor-General Bill was introduced into Parliament on 28 June 2010. Because the Bill was to be administered by the Department of the Prime Minister and CabinetDepartment of the Prime Minister and Cabinet (New Zealand)
The Department of the Prime Minister and Cabinet of New Zealand is the department charged with supporting the Prime Minister of New Zealand and their Cabinet...
, it was introduced by Prime Minister John Key
John Key
John Phillip Key is the 38th Prime Minister of New Zealand, in office since 2008. He has led the New Zealand National Party since 2006....
.
Green MP Keith Locke
Keith Locke
Keith James Locke is a current New Zealand MP representing the Green Party who was first elected to parliament in 1999. he is the Green Party spokesperson on Foreign Affairs, Defence, Ethnic Affairs, Pacific Affairs, Human Rights, Immigration, Police and Auckland Transport...
suggested Parliament recommend the next Governor-General's appointment to the Queen, with a recommendation endorsed by three-quarters of parliament. The Bill was passed unanimously and referred to the Government Administration Committee on 20 July 2010.
Select Committee
Three submissions were received on the Bill. Journalist Derek Round submitted that the Bill should be amended so that the Governor-General succeeded the Queen following the end of the Queen's reign.Monarchy New Zealand made a submission in support of the Bill.
In line with its submission to the Law Commission, the Republican Movement of Aotearoa New Zealand also supported the Bill. It also 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
Nikki Kaye
Nicola Laura Kaye is the member of the New Zealand Parliament for the Auckland Central electorate, having defeated incumbent Labour MP Judith Tizard in the 2008 election.-Early life:...
queried whether several one-member parties in parliament could veto the decision, which could give them too much power if an appointment was based on one vote per leader. The Republican Movement responded that the method would ensure appointments were made that most MPs and parties found acceptable.
The Select Committee reported back on 8 September 2010, and recommended that the Bill be passed. On suggestions made by submitters on the Bill for an appointment and dismissal process for the Governor-General, the committee stated "As this bill has a single focus on the financial arrangements of the Governor-General, we were advised that all of these issues lie outside its scope." The committee sought advice from the office of the Clerk of the House of Representatives, who advised the amendments were out of scope.