Governor-General of New Zealand
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{{Infobox vice-regal
| realm = New Zealand
| crest = Coat of arms of New Zealand.png
| image = Anand Satyanand.JPG
| incumbent = [[Anand Satyanand]]
| his/her = His
| style = New Zealand
| appointed_by = [[Elizabeth II]]
| first_gg = [[William Hobson]]
| date = [[3 May]] [[1841]]
}}
{{Politics_of_New_Zealand}}
The '''[[Governor-General]] of [[New Zealand]]''' ({{lang-mi|Te Kawana Tianara o Aotearoa}}) is the representative of the [[Monarchy in New Zealand|Sovereign in right of New Zealand]] (currently, [[Elizabeth II of New Zealand|Queen Elizabeth II]]). The Governor-General acts as the Queen's [[viceroy|vice-regal]] representative in New Zealand and is often viewed as the [[de facto head of state|''de facto'' head of state]]<ref name="governors">{{cite|author=[[Gavin McLean]]|title=The Governors, New Zealand Governors and Governors-General|publisher=Otago University Press|url =http://www.otago.ac.nz/press/booksauthors/2006/governors.html|isbn=13 978 1 877372 25 4|date=October 2006}}</ref><ref name="james_gg">{{cite web|author=[[Colin James (journalist)|Colin James]]|url=http://www.colinjames.co.nz/herald/Herald_2006/Herald_column_06Aug22.htm|title=The huge challenge ahead of the Maori Queen's successor|publisher=[[New Zealand Herald]]|date=[[22 August]] [[2006]]}}</ref><ref name="clark_nominal_headofstate">{{cite news|publisher=[[The Evening Post]]|title=Republic 'inevitable' - Clark|date=[[4 March]] [[2002]]}}</ref>.
The [[New Zealand Constitution Act 1986|Constitution Act 1986]] provides that a "The Governor-General appointed by the Sovereign is the Sovereign's representative in New Zealand." There is no specific term, but by convention the Governor-General usually serves for approximately five years. The office's full title is: '''The Governor-General and Commander-in-Chief in and over New Zealand.'''
The functions and roles of the Governor-General are set out in [[letters patent]] issued in 1983 constituting the office of the Governor-General, and include appointing ministers and judges, dissolving Parliament, granting [[Royal Assent|assent]] to legislation, issuing writs for elections and bestowing honours. All the Governor-General's duties are carried out in the name of The Queen. Beyond constitutional functions, the Governor-General has an important ceremonial role. He or she travels widely throughout New Zealand to open conferences, attend services and commemorations. When travelling abroad, the Governor-General is seen as the representative of New Zealand, and of the Queen of New Zealand, and is treated as a head of state in most ways.
The current Governor-General is [[Anand Satyanand]], who was sworn in on [[23 August]] [[2006]] replacing Dame [[Silvia Cartwright]].
Administrative support for the Governor-General is provided by the [[Department of the Prime Minister and Cabinet (New Zealand)|Department of the Prime Minister and Cabinet]].
==Appointment==
Appointment to the Office is made by the Queen (in her capacity as Queen of New Zealand) on the advice of the [[Prime Minister of New Zealand|Prime Minister]] to the Queen. The Prime Minister's advice is usually the result of a decision by Cabinet; hence the appointment of the Governor-General is made by the executive of the Government of the day. By convention the [[Leader of the Opposition (New Zealand)|Leader of the Opposition]] is also consulted on the 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 and recommendation of the New Zealand Government. However, the right granted by the convention was not exercised directly by a New Zealand Prime Minister until 1967<ref name="joseph">{{cite book|author=Phillip A Joseph|title=Constitutional and Administrative Law in New Zealand|publisher=Brookers|location=Wellington|date=2001}}</ref>.
Although non-partisan while in office, there have been a number of appointments of Governors-General to the office that have attracted considerable controversy. In [[1977]] [[Keith Holyoake|Sir Keith Holyoake]], a former [[New Zealand National Party|National Party]] Prime Minister and then sitting Minister of State was controversially appointed as Governor-General, and in [[1990]] Dame [[Catherine Tizard]], a former Labour [[Mayor of Auckland]] and former wife of Labour [[Deputy Prime Minister of New Zealand|Deputy Prime Minister]] [[Bob Tizard]], was appointed to the role. Despite their political backgrounds, neither of these appointments could be said to have discharged their duties in a partisan way. In [[2004]] [[New Zealand National Party|National]] MP [[Richard Worth]], an avowed [[monarchist]], questioned whether the Government had considered that the [[Prince Edward, Earl of Wessex|Earl of Wessex]] be the next Governor-General.
===Swearing-in ceremony===
Before the Governor-General enters office, his or her commission of appointment is publicly read in the presence of the [[Chief Justice of New Zealand]] (or any other High Court Judge) and the members of the Executive Council. The Governor-General must take the [[Oath of Allegiance (New Zealand)|Oath of Allegiance]] and the oath for the due execution of the office, which the Chief Justice or other High Court Judge administers.
===Election proposals===
From time to time, there have been proposals to elect the Governor-General. When first drafted, the [[New Zealand Constitution Act 1852]] contained provision for the Governor to be elected by New Zealand's Parliament. This provision was removed from the final enactment however, probably because the Colonial Office wanted to keep a check on New Zealand's colonial government. In 1887 Sir [[George Edward Grey|George Grey]], a former Governor and 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]] <ref name="identity">{{cite|title=A Destiny Apart - New Zealand's Search for National Identity|author=[[Keith Sinclair]]|publisher=Unwin Paperbacks|date=1986}}</ref>.
In 2006 political commentator [[Colin James (journalist)|Colin James]] suggested that the Governor-General could be elected <ref name="james_elect">{{cite web|url=http://www.colinjames.co.nz/herald/Herald_2006/Herald_column_06Jan17.htm|author=[[Colin James (journalist)|Colin James]]|title=Election: the democratic way to select our Governor-General|publisher=[[The New Zealand Herald]]|date=[[17 January]] [[2006]]}}</ref> (or, more correctly, 'nominated' to the Queen) by a 60% majority of votes cast 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 unusual, the Governors-General of [[Governor-General of Papua New Guinea|Papua New Guinea]] and the [[Governor-General of the Solomon Islands|Solomon Islands]] are nominated in such a way. Constitutional law specialist Professor [[Noel Cox]], who is also the Chairman of the [[Monarchist League of New Zealand|Monarchist League]], 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 Governor-Generals. ...the Governor-Generals would have their own independent popular mandate, and become potential political rivals of the Ministers"<ref name="ggrole_cox">{{cite web|url=http://www.geocities.com/noelcox/Governor-General_role_needs_update.htm|author=Noel Cox|title=Governor-General role needs an update|publisher=[[The New Zealand Herald]]|date=[[8 February]] [[2006]]}}</ref>.
In February 2008, the [[Republican Movement of Aotearoa New Zealand|Republican Movement]] suggested 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."<ref name="rm_gg_elect">{{cite web|url=http://www.republic.org.nz/node/211|title=Republic newsletter|date=February 2008|accessdate=2008-05-05}}</ref>
==Tenure==
{{wikisource|Letters Patent 1983}}
The Governor-General holds office [[At Her Majesty's Pleasure|at the "pleasure" of the Queen]], per clause II of the Letters Patent. It is traditional that an appointed individual act as the Queen's representative for a minimum of five years, but the New Zealand Prime Minister may advise the Queen to extend the Vice-Regal's tenure. For instance, Dame Silvia Cartwright would have been in office for five years on 4 April 2006, but her appointment as Governor-General was extended by the Queen on the advice of Prime Minister [[Helen Clark]], who deemed that "that the selection and appointment process [should] not coincide with the pre-election period". <ref> [http://www.labour.org.nz/labour_team/helen_clark/news/GGtermextended31jan2005/index.html Press release] [[New Zealand Labour Party]]</ref>
===Administrator of the Government===
A vacancy will occur on the resignation, death, incapacity or absence from New Zealand territory of the Governor-General. In the absence of the Governor-General the [[Chief Justice of New Zealand|Chief Justice]] acts as the ''[[Administrator of the Government]]'', or simply ''Administrator'' in everyday usage.
Prior to the granting of responsible government in 1856, the [[Colonial Secretary (New Zealand)|Colonial Secretary]] (the colonial equivalent of the Minister of Internal Affairs) acted as Administrator of the Government in absence of the Governor.
==Dismissal==
The Prime Minister may advise the Queen to "recall" the Governor-General, and (so long as the Prime Minister has the confidence of the House of Representatives) the Queen is bound by convention to implement the advice of her Prime Minister. As no New Zealand Governor-General has ever been dismissed on the advice of the Prime Minister, it is unclear how quickly the Queen would act on such advice.
Some constitutional lawyers dispute whether the Queen would implement such advice at all, while others argue that the Queen would delay its implementation. Others argue that the Queen would be obliged to follow the Prime Minister's advice, and further that the Queen would be bound to implement the Prime Minister's advice immediately<ref name="stockley">{{cite book|author=[[Andrew Stockley]]|chapter=Becoming a republic? Issues of Law|title=Republicanism in New Zealand|editor=Luke Trainor|publisher=Dunmore Press|date=1996}}</ref> if so advised.
Critics (usually supporters of a New Zealand republic) describe the ability of the Prime Minister to advise the Queen to recall the Governor-General as a flaw in New Zealand's constitutional make up that gives the Governor-General and the Prime Minister the ability to dismiss one another <ref name="rm-dismissal">{{cite web|url=http://www.republic.org.nz/documents/2007-03_Republic.pdf |title=Republic: Newsletter of the Republican Movement of Aotearoa New Zealand: Putting the case | accessdate=2007-03-31}}</ref>. They argue that this flaw is exacerbated by the reluctance of the monarch or their representatives to become politically involved. Further, they argue that the flaw means the Governor-General is unable to act as the "constitutional backstop" (a term often used to describe the office), or - as was the case with [[1975 Australian constitutional crisis|the 1975 Whitlam dismissal]] in [[Australia]] - to resolve a deadlock the Governor-General may choose to dismiss an elected government despite it having the confidence of the parliament.
Three New Zealand Governors have been recalled from office - [[William Hobson]] (who died before he was officially recalled), Captain [[Robert FitzRoy]] and Sir [[George Edward Grey|George Grey]], all before responsible government was granted in 1853.
==Political role==
As New Zealand is a [[constitutional monarchy]], the Governor-General's role is almost always limited to ceremonial and non-partisan functions. The [[New Zealand Constitution Act 1986|Constitution Act 1986]] provides that a "The Governor-General appointed by the Sovereign is the Sovereign's representative in New Zealand." The Governor-General exercises a number of the remaining [[Royal Prerogative]]s, and the reserve powers.
In practice, political power is exercised by the [[Parliament of New Zealand]] (which is composed of the [[Monarchy in New Zealand|Crown]], and the [[New Zealand House of Representatives|House of Representatives]]), and by the [[Prime Minister of New Zealand|Prime Minister]] and [[New Zealand Cabinet|Cabinet]]. By constitutional convention, the Governor-General exercises his or her powers solely on the advice of the Prime Minister and other ministers - the only exception being when the Prime Minister loses the confidence of parliament. Although the Queen of New Zealand is also Queen of the United Kingdom, as New Zealand is a sovereign nation the British Government cannot advise the Governor-General, or otherwise interfere in New Zealand affairs. The Queen does retain all executive power and her [[Royal Prerogative]], but she has never personally intervened in New Zealand politics; almost all of her duties are exercised by the Governor-General, though she does alone hold the power to appoint and dismiss the Governor-General, she does so only on the advice of the New Zealand Prime Minister.
The Governor-General is bound by constitutional convention to follow the advice of the [[Prime Minister of New Zealand|Prime Minister]] in their exercise of their powers, so long as the Prime Minister enjoys the support of the House of Representatives. Even in the appointment of the Prime Minister, the Governor-General rarely exercises any discretion, in accordance with unwritten constitutional conventions, the Governor-General must appoint the individual most likely to maintain the support of the House of Representatives: usually, the leader of the largest party or coalition of parties which has a majority in the [[New Zealand House of Representatives|House of Representatives]].
The Governor-General is a symbolic and nominal chief executive, acting within the constraints of constitutional convention and precedent. Should the Governor-General of New Zealand attempt to exercise any powers without reference to constitutional convention and solely at personal discretion, the action would likely result in a constitutional crisis and in public outrage. Almost always, the Governor-General exercises the Royal Prerogative on the advice of the Prime Minister and other ministers. The Prime Minister and ministers are, in turn, accountable to the democratically elected House of Representatives, and through it, to the people.
The Governor-General appoints and dismisses Cabinet ministers and other ministers, but exercises such a function only on the Prime Minister's advice. Thus, in practice, the Prime Minister, and not the Governor-General, exercises complete control over the composition of the Cabinet. The Governor-General may, in theory, unilaterally dismiss a Prime Minister, but convention and precedent bar such an action.
==Functions==
[[Image:NZ Govt-Gen and Queen.jpg|thumb|120px|Dame Silvia Cartwright, with HM Queen Elizabeth II of New Zealand]]
The Governor-General is the representative of the New Zealand monarch, and may exercise most powers vested in the Crown. If the monarch is present in New Zealand, however, he or she may exercise such powers personally. Furthermore, some powers (such as the power to appoint the next Governor-General, approve a new [[New Zealand Honours System|Royal Honour]] etc.) may be exercised by the monarch alone.
{{cquote|Every power conferred on the Governor-General by or under any Act is a royal power which is exercisable by the Governor-General on behalf of the Sovereign, and may accordingly be exercised either by the Sovereign in person or by the Governor-General. |20px|20px|Section 3 of the Constitution Act|<ref name="const_act">{{cite web|url=http://legislation.govt.nz/|title=Constitution Act 1986|}}</ref>}}
The "powers conferred" on the Governor-General are stated in the Letters Patent 1983.
The Governor-General presides over an [[Executive Council of New Zealand|Executive Council]]. The Prime Minister is appointed to this Council and advises as to which parliamentarians shall become [[political minister|ministers]] and [[Parliamentary Secretary|parliamentary secretaries]].
The Executive Council's primary function is to issue [[Order-in-Council|Orders-in-Council]] ([[regulation]]s), which operate under the authority of "the Governor-General in Council". {{cquote|Every reference in any Act to the Governor-General in Council or any other like expression includes a reference to the Sovereign acting by and with the advice and consent of the Executive Council.|20px|20px|Section 3 of the Constitution Act|<ref name="const_act" />}}
The Governor-General also summons, and [[dissolution of Parliament|dissolves]] Parliament. Each parliamentary session begins with the Governor-General's summons. The new parliamentary session is marked by the [[State Opening of Parliament|opening of Parliament]], during which the Governor-General reads the [[Speech from the Throne]] in the [[New Zealand Legislative Council|Legislative Council Chamber]], outlining the Government's legislative agenda. Dissolution ends a parliamentary term (which lasts a maximum of three years), and is followed by general elections for all seats in the House of Representatives. These powers, however, are always exercised on the Prime Minister's advice. The timing of a dissolution is affected by a variety of factors; the Prime Minister normally chooses the most politically opportune moment for his or her party. The Governor-General may theoretically refuse a dissolution, but the circumstances under which such an action would be warranted are unclear. It might be justified if a minority government had served only
briefly and another party seemed likely to have better success in holding the confidence of the House.
{{rquote|right|People tend to think the office of the Governor-General is of little significance, which is wrong, or that it represents a substantial check on the excesses of executive government, which is also wrong.| [[Geoffrey Palmer (politician)|Sir Geoffrey Palmer]]<ref name="bridled_power">{{cite book|title=Bridled Power: New Zealand's Constitution and Government|isbn=0195584635|author=Sir [[Geoffrey Palmer (politician)|Geoffrey Palmer]] and [[Matthew Palmer]]|publisher=Oxford University Press|date=2004|edition=Fourth}}</ref>}}
Before a bill can become law, the [[Royal Assent]] (the monarch's approval) is required. The Governor-General acts on the Monarch's behalf; in theory, he or she has two options: he or she may grant the Royal Assent (making the bill law), withhold the Royal Assent (vetoing the bill). By modern constitutional convention, however, the Royal Assent is always granted, and Bills are never disallowed (see Reserve Powers below).
The Governor-General also has the power to appoint ministers, judges, and other officials. However, the appointees are chosen by the Prime Minister or other ministers.
Furthermore, the Governor-General performs some of the functions normally associated with heads of state. He or she makes state visits abroad, hosts foreign heads of state, and receives ambassadors and high commissioners.
===Ceremonial role===
{{Rquote|right|I would go as far as to say that we are already a de facto republic, as is Australia. We have, to all intents and purposes the nominal Head of State in our Governor-General| [[Prime Minister of New Zealand|Prime Minister]] [[Helen Clark]]|March 2002<ref name="clark_nominal_headofstate" />}}
Increasingly, the Governor-General is representing New Zealand abroad and is accorded the same respect and privileges of a [[head of state]]. It can be argued that the ''[[de facto]]'' head of state is the Governor-General while the ''[[de jure]]'' head of state remains the Queen; historian [[Gavin McLean]] has recently described the Governor-General as a "virtual head of state"<ref name="governors" />.
The Governor-General is nominally [[Commander-in-Chief#New Zealand|Commander-in-Chief]] of the [[New Zealand Defence Force|Defence Forces]]<ref>{{cite web|url=http://www.ssc.govt.nz/display/document.asp?navid=82&docid=2777&pageno=4|title=Review of Defence Force Standards of Behaviour|publisher=[[State Services Commission]]|date=[[16 July]] [[2002]]|accessdate=2007-07-13}}</ref>. It is not clear whether the commanders of the armed forces could, in reality, turn to the Governor-General if they thought that the orders they were receiving from the Prime Minister and Minister of Defence were illegal or unethical, or whether the Governor-General would be justified in issuing new orders directly.
Until 1939 the Governor-General also represented the British Government, when the diplomatic functions were transferred to a [[High Commissioner]]. This was 13 years after the [[Balfour Declaration 1926|Balfour Declaration]] and after the functions were separated in the other [[Dominion]]s. This was due to the New Zealand belief that such a thing would promote [[separatism]] within the [[British Empire]].
===Community role===
The Governor-General provides leadership in the community. Governors-General are always the patrons of many charitable, service, sporting and cultural organisations. The present Governor-General is patron to nearly 200 organisations. The sponsorship or patronage of the Governor-General signals that an organisation is worthy of wide support. Many of the Governor-General’s community functions also have a ceremonial dimension, such as attendance at the official openings of buildings, addresses to open conferences, or launching special events and appeals.
The Governor-General spends a large share of his or her working time attending state banquets and functions, making and hosting state visits, meeting ceremonial groups, and awarding medals, decorations, and prizes ).
===Reserve powers===
{{Rquote|right|The Queen has the power to appoint and dismiss Ministers and other important office holders, summon and dissolve Parliament, assent to Bills passed by the House of Representatives, and agree to regulations and Orders submitted by Ministers through Executive Council. The Queen delegates most of her powers to her representative, the Governor-General. While the Queen and her representative exercise these powers as a matter of law, as a matter of convention, both the Queen and the Governor-General act on the advice of the democratically elected government, in all but the most exceptional circumstances.|Former Governor-General Dame [[Silvia Cartwright]]|<ref name="cartwright">{{cite web|author=Dame [[Silvia Cartwright]]|url=http://www.gg.govt.nz/media/speeches.asp?type=current&ID=274|title=Modern aspects of the role of the Governor‑General of New Zealand|accessdate=2007-08-13|date=[[23 June]] [[2006]]|publisher=Government House}}</ref>}}
In certain circumstances (such as where a Prime Minister has lost a vote of confidence) the Governor-General may act without the advice of the Prime Minister. These are the so-called "reserve powers". These powers include the ability to:
* Dissolve or prorogue [[New Zealand Parliament|Parliament]];
* Appoint a Government;
* Dismiss a Government;
* Appoint the Prime Minister;
* Dismiss the Prime Minister;
* Refuse a Prime Minister’s request for an election;
* Refuse assent to legislation.
The exercise of the above powers is a matter of continuing debate. Many constitutional commentators believe that the Governor-General (or the Sovereign) does not have the power to refuse Royal assent legislation - former law professor and Prime Minister Sir [[Geoffrey Palmer (politician)|Geoffrey Palmer]] and Professor [[Matthew Palmer]] argue any refusal of Royal Assent would lead to a constitutional crisis<ref name="bridled_power" />. Some constitutional lawyers, such as Professor [[Philip Joseph]], believe the Governor-General does retain the power to refuse Royal Assent to Bills in exceptional circumstances - specifically if democracy is to be abolished<ref>{{cite book|title=Constitutional and Administrative Law in New Zealand|isbn=9780864723994|author=[[Philip Joseph]]|publisher=Brookers|date=2002|edition=Second}}</ref>.
===Royal Prerogative of Mercy===
The Governor-General also exercises the Royal Prerogative of mercy, an ancient right of convicted persons to seek a review of their case where they allege an injustice may have occurred. The prerogative of mercy can be exercised where a person claims to have been wrongly convicted or wrongly sentenced.
The Governor-General acts on the advice of the Minister of Justice. The Governor-General has power to grant a pardon, to refer a person's case back to the court under section 406 of the [[New Zealand Crimes Act 1961|Crimes Act 1961]], and to reduce a person's sentence. If a person's case is referred back to the court, the court will consider the case in a similar way to hearing an appeal. The court then provides advice to the Governor-General as to how to act. Recently, [[David Bain]] was granted such an appeal to the [[Judicial Committee of the Privy Council|Privy Council]].
==Salary and privileges==
[[Image:Government House, Wellington.jpg|thumb|right|200px|Government House, in [[Wellington]].]]
[[Image:2008-460px-Flag of the Governor-General of New Zealand.jpg|thumb|right|200px|Flag of the Governor-General]]
The salary of Governor-General is regulated by the Civil List Act [[1979]], [[as of 2006]] The salary is [[New Zealand dollar|$]]170,600 a year, and that is exempt from [[income tax]]<ref name="civillist">{{cite web|url=http://www.knowledge-basket.co.nz/regs/regs/text/2006/2006054.txt|publisher=Knowledge Basket|title=Civil List Act 1979|accessdate=2007-08-08}}</ref>. The Governor-General's main residence is [[Government House, Wellington]], and there is a small secondary northern residence, [[Government House, Auckland]]. The houses are managed by the [[Official Secretary to the Governor-General of New Zealand|Official Secretary to the Governor-General]].
In the [[New Zealand order of precedence|order of precedence]], the Governor-General outranks all individuals except the head of state. (Though the Queen herself is not listed in the order of precedence.)
The Governor-General and his spouse are styled "His/Her Excellency" during his term in office. He is also entitled to the style "[[The Honourable]]" for life upon assuming the office, except when the Governor-General is a [[Privy Councillor]] which carries the style "[[The Right Honourable]]" <ref name="beehive_hon">{{cite web|url=http://www.beehive.govt.nz/ViewDocument.aspx?DocumentID=26475|title=Changes to rules around use of title|author=Rt. Hon. [[Helen Clark]]|publisher=[[Beehive (building)|The Beehive]]|date=[[17 July]] [[2006]]|accessdate=2007-08-21}}</ref>.
The Governor-General holds the offices of Chancellor of The [[New Zealand Order of Merit]] and Principal Companion of the [[Queen's Service Order]]<ref name="cartwright" />.
The [[Flag of the Governor-General of New Zealand|Governor-General's flag]] is dark blue flag with the Shield of the New Zealand Coat of Arms surmounted by a Royal Crown in the centre. In heraldic terms the official description is: “''A flag of a blue field thereon the Arms of New Zealand ensigned by the Royal Crown all proper''”. It takes precedence over all other flags, except the [[Queen's Personal New Zealand Flag|head of state's flag]]. It may be flown from a vehicle in which the Governor-General is travelling, or from a building in which the Governor-General is present or is residing. On state visits abroad, however, the Governor-General typically uses the [[Flag of New Zealand|national flag]], which is a more recognizable New Zealand symbol.
==History==
===Colony===
Since the signing of the [[Treaty of Waitangi]] established New Zealand as a British colony, there has been a governor in New Zealand. Captain [[William Hobson]], who drafted the treaty, 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 the [[10 September]] [[1842]]. In Hobsons' 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. His conflicts with the [[New Zealand Company]] settlements over land deals lead to his recall in [[1845]]. FitzRoy's replacement, Sir [[George Edward Grey|George Grey]], is considered by some historians (such as [[Michael King]]<ref name="King">{{cite book|publisher=Penguin|title=The Penguin History of New Zealand|author=[[Michael King]]|date=2003}}</ref>) to be the most important and influential Governors 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 [[Parliament of the United Kingdom]] 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 back 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.
That task was left to the Administrator of Government, [[Robert Wynyard]] who opened the [[1st New Zealand Parliament]] on [[24 May]] [[1854]]<ref name="governors" />. Wynyard was quickly confronted by the demands of the new parliament that the parliament be able to appoint its own ministers, instead of the governor. The parliament passed a resolution to that effect on the [[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 the [[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 greatly reduced the powers of the Governor<ref name="governors" />. In the following years, Gore Browne and [[Premier of New Zealand|Premier]] [[Edward Stafford (politician)|Edward Stafford]] clashed over whether the Governor (and hence the imperial government) had control over Māori affairs, a key issue at the time. Stafford began the practice of [[New Zealand Cabinet|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 government and British government. The [[New Zealand Land Wars]] had brought many 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<ref name="dnzb">{{cite web|author=[[Keith Sinclair]]|title=Dictionary of New Zealand Biography George Grey 1812 - 1898|date=[[7 April]] [[2006]]|url=http://www.dnzb.govt.nz/dnzb/default.asp?Find_Quick.asp?PersonEssay=1G21|accessdate=2007-07-03}}</ref>.
===Governor===
After Grey, successive Governors of New Zealand were derived from the British aristocracy and played a much less active role in government<ref name="governors" />. In only a few instances did the Governor refuse the advice of the Premier<ref name="governors" /> - ironically mainly during the tenure of Sir George Grey as [[Premier of New Zealand]] from 1877 - 1879. One famous instance of the use of the Governors' powers came during the term of Sir [[Arthur Gordon]]. Sir Arthur had left New Zealand on 13 September 1881 for a visit to the Pacific Islands. In his absence, the Premier [[John Hall (New Zealand)|John Hall]] advised the [[Chief Justice of New Zealand|Chief Justice]] [[James Prendergast (judge)|James Prendergast]] acting as the [[Administrator of the Government]] (Prendergast was well known for his views on Maori from his decision in the case ''Wi Parata v Bishop of Wellington'') , to order the invasion of the Maori pacifist [[Te Whiti o Rongomai]]'s village at [[Parihaka]], something the Governor had indicated he was opposed to<ref name="governors" />.
===Governor-General===
In [[1907]] Sir [[Joseph Ward]]'s [[First Liberal Government of New Zealand|Liberal government]] passed a resolution to create New Zealand as the [[Dominion of New Zealand]]. This led to new letters patent being issued in [[1917]], which greatly curtailed the powers of the Governor<ref name="joseph" />. To reflect these changes, the office was renamed Governor-General (equivalent to Governors-General of other Commonwealth countries), with the [[Arthur Foljambe, 2nd Earl of Liverpool|Earl of Liverpool]], the serving Governor, being the first Governor-General.
In [[1926]], following the [[King-Byng affair]] in [[Canada]], an Imperial Conference approved the [[Balfour Declaration of 1926|Balfour declaration]], which defined a British Commonwealth as a freely associated grouping known as the [[Commonwealth of Nations]]. The 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 until after the [[Second World War]] however, 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 the the statute passing. In 1939 Britain appointed its own High Commissioner to New Zealand, Government House ceased to be the official communications channel with Britain in 1941<ref name="governors">. In 1945 Labour [[Prime Minister of 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 [[Foreign and Commonwealth Office]] in consultation with the New Zealand Prime Minister, who then recommended appointments to the Sovereign.
===New Zealand Governors-General===
In [[1967]] the first New Zealand born Governor-General, Lord [[Arthur Porritt, Baron Porritt|Porritt]], was appointed to the office, on the advice of Sir [[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 his successor, former Prime Minister Sir [[Keith Holyoake]] proved highly controversial, although Holyoake's tenure itself was uncontroversial. In 1983, the Letters Patent were reissued once more, further reducing the powers of the office<ref name="joseph" />. Following the [[1984 New Zealand constitutional crisis|1984 constitutional crisis]], the 1852 Constitution Act was replaced by the [[New Zealand Constitution Act 1986|Constitution Act 1986]] and the Governor-General's powers further limited - for example, section 16<ref name="const_act" /> 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<ref name="bridledpower" /></ref><ref name="joseph" />.
===De facto head of state?===
Increasingly, the Governor-General is regarded as a de facto head of state. Political commentator [[Colin James (journalist)|Colin James]] has expressed this view<ref name="james_gg" />, along with historian Gavin McLean<ref name="governors" /> and Prime Minister Helen Clark<ref name="clark_nominal_headofstate" />. Increasingly, the Governor-General has been performing the functions of a [[head of state]], such as representing New Zealand overseas (a duty Governors-General have carried out since Sir [[Denis Blundell]] was in office<ref name="governors" />). For example, at the 2007 commemorations of the [[Battle of Passchendaele]], the Governor-General [[Anand Satyanand]] represented New Zealand<ref name="gg_represent">{{cite web|url=http://www.scoop.co.nz/stories/PA0707/S00104.htm|title=Governor-General visits Belgium for Passchendaele Commemoration|date=[[6 July]] [[2007]]|publisher=Government House}}</ref> on behalf of Her Majesty the Queen, while the Queen represented Great Britain<ref name="queen_rep">{{cite web|url=http://www.iht.com/articles/ap/2007/07/12/europe/EU-GEN-Belgium-WWI-Passchendaele.php?page=1|title=Queen Elizabeth II, Belgian royals pay tribute to allied soldiers of Passchendaele battle|publisher=[[International Herald Tribune]]|date=[[11 July]] [[2007]]|author=[[Associated Press]]
}}</ref>.
Reform of the office is usually only mentioned in the context of [[Republicanism in New Zealand|republicanism]]. Helen Clark, when defending Dame [[Silvia Cartwright]] following a political controversy over prison sentences has stated "[o]ne 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."<ref name="clark_herald">{{cite web|title=Clark foresees president role|url=http://www.nzherald.co.nz/section/1/story.cfm?c_id=1&objectid=2349518|publisher=[[New Zealand Herald]]|author=[[NZPA]]|date=[[15 August]] [[2002]]|accessdate=2007-07-23}}</ref>. Others, such as Professor Noel Cox<ref name="ggrole_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 in New Zealand|electoral reform]] could result in the Governor-General having greater political influence<ref name="stockley" />. In [[1993]], former Governor-General Dame [[Catherine Tizard]] caused controversy by suggesting that under the proposed [[Mixed Member Proportional]] (MMP) electoral system, the Governor-General may have to use their reserve powers more often<ref name="governors" />. 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 MMP<ref>{{cite book|author=Jim Bolger|title=Address-In-Reply debate, state opening of Parliament|date=March 1994}}</ref>.
== See also ==
*[[List of Governors-General of New Zealand]]
*[[New Zealand constitution|Constitution of New Zealand]]
*[[Monarchy in New Zealand]]
*[[Republicanism in New Zealand]]
*[[British honours system]] and [[New Zealand Honours System]] for explanation of honours.
==References==
{{reflist}}
== External links ==
* [http://www.gg.govt.nz Official Website of the Governor-General of NZ]
* [http://www.nzhistory.net.nz/node/1892 A history of the Governor-General in New Zealand.]
* [http://www.gg.govt.nz/gg/former.htm List of Governors-General of New Zealand]
{{Governors-General of New Zealand}}
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[[Category:Government of New Zealand]]
[[Category:Constitution of New Zealand]]
[[Category:Monarchy in New Zealand]]
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