71-503: The Attorney-General ( Māori : Rōia Matua ) is a political and legal officer in New Zealand. The Attorney-General is simultaneously a ministerial position and the chief law officer of the Crown, and has responsibility for supervising New Zealand law and advising the government on legal matters. The Attorney-General serves both a political and apolitical function. The current Attorney-General
142-576: A bitter dispute with the Liberals, who sought to institute a system of responsible government modeled on that of Britain. Bismarck, who strongly opposed that demand, managed to deflect the pressure by embarking energetically and successfully on the unification of Germany . The Liberals, who were also strong German nationalists, backed Bismarck's unification efforts and tacitly accepted that the Constitution of Imperial Germany, crafted by Bismarck, did not include
213-456: A former viceregal consort of Canada , penned a piece for The Globe and Mail on 11 March 2023 lamenting that the country does not celebrate that date in 1848, which Saul regards as "the day on which we became a democracy—a continuous democracy" and such lack of observance perpetuates the misconceived identity of Canada as a new country. Prior to European colonisation, the Australian continent
284-582: A military coup d'état known as the Rum Rebellion deposed Governor Bligh and briefly established military rule over the Colony of New South Wales until a new Governor ( Lachlan Macquarie ) was appointed and sent from Britain. This did not aid in establishing responsible or representative government. The early colonists, coming mostly from the United Kingdom (which by 1801 included Ireland), were familiar with
355-502: A minister is ultimately responsible for the decisions and actions (and the consequences that follow) of individuals and organisations for which they have ministerial responsibility. Individual ministerial responsibility is not the same as cabinet collective responsibility , which states members of Cabinet must approve publicly of its collective decisions or resign. Originally, the Executive Council functioned as an advisory group to
426-420: A ministerial warrant before it officially comes into effect. The governor-general appoints the prime minister (head of government) on the basis of whether they are able to command the confidence of Parliament. The prime minister will advise the governor-general on the appointment or dismissal of other ministers. The first appointments are made whenever a new government takes office, and thereafter whenever
497-670: A more balanced representation of members of the Legislative Assembly to the Executive Council and ceded more powers to that body. In the Province of Canada , responsible government was introduced when Elgin swore-in the ministry of Louis-Hippolyte Lafontaine and Robert Baldwin on 11 March 1848. It was put to the test in the following year, when Reformers in the legislature passed the Rebellion Losses Bill , which provided compensation to French-Canadians who suffered losses during
568-571: A responsible government – the Chancellor being accountable solely to the emperor and needing no parliamentary confidence. Germany gained a responsible government only with the Weimar Republic and more securely with the creation of the Federal Republic of Germany . Historians account the lack of responsible government in the formative decades of united Germany as one of the factors contributing to
639-416: A shadow government of executives or advisors and attempt to use them as instruments of government, or to rely upon their unofficial advice. They generally are not permitted to take any action under the color of their executive power without that action being as a result of the counsel and advisement of their responsible ministers. Common exceptions to this rule include emergency or wartime acts of necessity and
710-451: A vacancy arises (due to a minister being dismissed or resigning). Each minister takes an oath (or affirmation) of office . The recommendations that the prime minister chooses to give are theoretically their own affair, but the political party (or parties) behind them will almost certainly have views on the matter, and most recommendations are made only after negotiation and bargaining. Different parties have different mechanisms for this –
781-721: Is Judith Collins . The Attorney-General has two main areas of official responsibility. One, the Attorney-General has ministerial jurisdiction over the Crown Law Office and the Parliamentary Counsel Office . They also had responsibility for the Serious Fraud Office from its founding in 1990 until 2008, when it was transferred to the Minister of Police . Two, the Attorney-General is the principal law officer of
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#1732873707350852-514: Is a conception of a system of government that embodies the principle of parliamentary accountability , the foundation of the Westminster system of parliamentary democracy . Governments (the equivalent of the executive branch ) in Westminster democracies are responsible to parliament rather than to the monarch, or, in a colonial context, to the imperial government, and in a republican context, to
923-429: Is also responsible for a corresponding public sector organisation , usually known as a department or ministry . A "warrant" from the Crown is a formal written authority that is granted by the governor-general to a minister. The warrant sets out the minister's responsibilities, powers, and duties within their portfolio. It is essentially a legal document that gives a minister the authority to carry out their duties, and
994-419: Is necessary for them to be able to exercise the powers and functions of their portfolio. Ministers without portfolio are MPs appointed as minister without a specific role. Such appointments have become rare today, although sometimes an MP may be appointed to a sinecure portfolio such as " minister of state " for similar purposes. Individual ministerial responsibility is a constitutional convention that
1065-463: Is the notion that the Dominion of Newfoundland "gave up responsible government" when it suspended its self-governing status in 1933, as a result of financial problems. It did not regain responsible government until it became a province of Canada in 1949. Following the formation of elected legislative assemblies, starting with Nova Scotia in 1758, governors and their executive councils did not require
1136-413: The 1856 Sewell Ministry . Henry Sewell became Colonial Secretary, Dillon Bell became Colonial Treasurer, Frederick Whitaker became Attorney-General, and Henry Tancred became a minister without portfolio. Since then, all ministers have been appointed from among the ranks of Parliament. Later, Parliament made further gains, with the convention being established that the governor-general's actions in
1207-534: The 1967 Australian referendum , the federal government was allowed to count Indigenous Australians in the census, and to ensure that their voting rights were respected across the country. The Cape Colony , in Southern Africa, was under responsible self-government from 1872 until 1910 when it became the Cape Province of the new Union of South Africa . Under its previous system of representative government ,
1278-678: The American Revolutionary War and was threatened in the Rebellions of 1837–1838 in Canada. The government first established appointed or partially elected Legislative Councils. William Wentworth among other prominent colonists in this time advocated for the introduction of responsible government in the Australian colonies. Violence erupted in the Colony of Victoria during the 1850s, where there
1349-516: The Cape Colony continued at a steady pace until a renewed attempt to extend British control over the hinterland caused the outbreak of the Anglo-Boer Wars in 1899. An important feature of the Cape Colony under responsible government was that it was the only state in southern Africa (and one of very few in the world at the time) to have a non-racial system of voting . Later however – following
1420-513: The Constitutional Act 1791 . Many reformers thought that these assemblies should have some control over the executive power, leading to political unrest between the governors and assemblies in both Upper and Lower Canada. The Lieutenant Governor of Upper Canada, Sir Francis Bond Head , wrote in one dispatch to London that, if responsible government were implemented, "democracy, in the worst possible form, will prevail in our colonies." After
1491-518: The Executive Council of New Zealand . These executives are also formally titled " ministers of the Crown ", as in other Commonwealth realms . "Minister of the Crown" (Māori: minita o te Karauna ) is the formal title used in Commonwealth realms to describe a minister of the reigning sovereign or governor-general. The legal term "the Crown" vaguely refers to both the sovereign and the state ,
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#17328737073501562-662: The Historic Sites and Monuments Board of Canada in the Nova Scotia House of Assembly reads: First Responsible Government in the British Empire. The first executive council chosen exclusively from the party having a majority in the representative branch of a colonial legislature was formed in Nova Scotia on 2 February 1848. Following a vote of want of confidence in the preceding council, James Boyle Uniacke , who had moved
1633-520: The Labour Party , for example, has provision for its parliamentary caucus to select ministers, while the National Party allows the prime minister to select ministers at their discretion. The formal powers of the executive are exercised through the Executive Council , which consists of all ministers, and is headed by the governor-general. When the Executive Council resolves to issue an order , and
1704-621: The Legislative Council on 23 November 1906 and appointed him Attorney-General and Colonial Secretary on the same day. The table below is an incomplete listing of New Zealand politicians who have held political appointment as Attorney-General since 1856. It does not show non-political attorneys-general. There were two previous attorneys-general before responsible government was introduced in New Zealand in 1856: Francis Fisher who held office for less than one year in 1841, and William Swainson who held office until 7 May 1856. Peter Wilkinson
1775-515: The Rebellions of 1837–1838 in the Canadas , the Earl of Durham was appointed governor general of British North America, with the task of examining the issues and determining how to defuse tensions. In his report , one of his recommendations was colonies that were developed enough should be granted "responsible government". This term specifically meant the policy that British-appointed governors should bow to
1846-625: The South Africa Act 1909 to form the Union of South Africa – this multi-racial universal suffrage was steadily eroded, and eventually abolished by the Apartheid government in 1948. The following is a list of British colonies, and the year when responsible government was established in the territory: In the early 1860s, the Prussian Prime Minister Otto von Bismarck was involved in
1917-408: The Westminster system and made efforts to reform local government in order to increase the opportunity for ordinary men to participate. The Governors and London therefore set in motion a gradual process of establishing a Westminster system in the colonies. They did not want to get ahead of population or economic growth, nor be so slow as to provoke clamouring for revolutionary change as had happened in
1988-481: The 175th anniversary of the implementation of responsible government in the province. In his remarks, the King said: I am delighted to have the opportunity to recognize the 175th anniversary of Nova Scotia's establishment of the system of responsible government, which has become a cornerstone of Canadian democracy. It was in the drawing room at Government House , Halifax, where Lieutenant Governor Sir John Harvey swore in
2059-415: The 1960s, while Western Australia barred Aboriginal people unless they successfully applied to become citizens. As a result, most Aboriginal people across the country were prevented from voting, including those who in theory had the right. Later, the 1962 Commonwealth Electoral Act gave all Aboriginal people the option to enroll to vote, but still most were not able to exercise their rights. After passage of
2130-539: The 19th century, the United Kingdom began to introduce systems of responsible government to the colonial governments of its settler colonies including in Canada, Newfoundland, Australia, New Zealand and South Africa. These systems were strongly based upon the system that had historically developed in the United Kingdom, with a bicameral legislature and an executive responsible to the Lower House. Responsible government
2201-479: The Attorney-General's actions on behalf of the state (as opposed to the government) can be influenced by their political allegiance. A more complete description of the Attorney-General's powers can be found in the briefings to the incoming Attorney-General prepared by the Crown Law Office (most recently in 2020). At present, there is no statutory basis which establishes the office of Attorney-General, although
Attorney-General (New Zealand) - Misplaced Pages Continue
2272-652: The Australian Commonwealth Government in 1911. It then lost responsible self-government (although residents could still vote in federal elections) and did not gain it back until 1974. Likewise, the Australian Capital Territory was originally part of New South Wales. It was transferred to the Commonwealth Government in 1911 and lost responsible self-government until 1989. White female suffrage (then considered universal suffrage)
2343-441: The Australian colonies, which had their own regional agitators for change. South Australia was quick to pass universal male suffrage, and Victoria and New South Wales followed soon after. By the end of the 1850s, all the Australian colonies and New Zealand had achieved responsible self-government. Only Western Australia took until 1890 to achieve this. The Northern Territory was originally part of South Australia, but transferred to
2414-535: The Cabinet ministers to determine seniority, or the "pecking order". This ranking depends on factors such as length of service, the relative prominence of a portfolio, and "personal standing with the prime minister". Lists of ministers are often ordered according to each individual minister's ranking. As of 27 November 2023 the following ministerial portfolios exist. Many ministers hold multiple positions. Responsible government Responsible government
2485-730: The Cape Parliament, and becoming the Cape's first Prime Minister . The ensuing period saw an economic recovery, a massive growth in exports and an expansion of the colony's frontiers. Despite political complications that arose from time to time (such as an ill-fated scheme by the British Colonial Office to enforce a confederation in Southern Africa in 1878, and tensions with the Afrikaner -dominated Government of Transvaal over trade and railroad construction), economic and social progress in
2556-483: The Crown to perform certain functions of government. This includes formulating and implementing policies and advising the governor-general . Ministers collectively make up the executive branch of the New Zealand state. The governor-general is obliged to follow the advice of the prime minister on the appointment and dismissal of ministers. Most ministers are members of Cabinet , and all ministers, including those outside Cabinet, serve concurrently as councillors of
2627-469: The Crown, responsible for supervising the state's administration of the law and for providing legal advice to the government. This includes upholding the rule of law and advising on compliance with domestic and international obligations. In the latter role (but strictly not in the former), the Attorney-General is assisted by the Solicitor-General , a non-partisan official. This reduces the extent to which
2698-404: The Executive Council were bound by the advice that ministers gave. Today, the Executive Council is not used for deliberation—rather, Cabinet is the forum for debate. The Executive Council formally advises the governor-general on decisions already agreed by Cabinet. Individual ministers must obtain collective agreement from Cabinet to bring items to the Executive Council. The prime minister ranks
2769-541: The Governor-General for the time being, for the good management of the affairs of New Zealand. That I will not directly nor indirectly reveal such matters as shall be debated in Council and committed to my secrecy, but that I will in all things be a true and faithful Councillor. So help me God". Executive councillor's oath The appointment of an MP as a minister is formally made by the governor-general , who must sign
2840-762: The Ministers of the Cape Government reported directly to the British Imperial Governor , and not to the locally elected representatives in the Cape Parliament . Among Cape citizens of all races, growing anger at their powerlessness in influencing unpopular imperial decisions had repeatedly led to protests and rowdy political meetings – especially during the early " Convict Crisis " of the 1840s. A popular political movement for responsible government soon emerged, under local leader John Molteno . A protracted struggle
2911-652: The Rebellions of 1837–1838. Elgin had serious misgivings about the bill, but, nonetheless assented to it, despite demands from the Tories that he refuse to do so. Elgin was physically assaulted by an English-speaking mob for this and the parliament building in Montreal was burned to the ground in the ensuing riots . Nonetheless, the Rebellion Losses Bill helped entrench responsible government into Canadian politics. In time,
Attorney-General (New Zealand) - Misplaced Pages Continue
2982-467: The area's roads. The British colonial forces overran the stockade, capturing or killing dozens of miners and bringing many to Melbourne for trial. However, mass public support led to the miners' release. Within a year, most of their demands had been met, including responsible self-government and universal male suffrage for the Colony of Victoria. The Eureka Rebellion and events in Victoria resonated around
3053-726: The consent of elected legislators in order to carry out all their roles. It was only in the decades leading up to Canadian Confederation in 1867 that the governing councils of those British North American colonies became responsible to the elected representatives of the people. In the aftermath of the American Revolution , sparked by the perceived shortcomings of virtual representation , the British government became more sensitive to unrest in its remaining colonies with large populations of European-descended colonists. Elected assemblies were introduced to both Upper Canada and Lower Canada with
3124-476: The constitution, it transpired only after nearly twenty years in 1872 when the so-called 'responsibles' under Molteno were able to command sufficient support in both houses to secure the passage of the necessary bill." Finally, with a parliamentary majority and with the Colonial Office and new Governor Henry Barkly won over, Molteno instituted responsible government, making the Ministers directly responsible to
3195-433: The devil". Supporters believed that the most effective means of instituting responsible government was simply to change the section of the constitution which prevented government officials from being elected to parliament or members of parliament from serving in executive positions. The conflict therefore centred on the changing of this specific section. "Although responsible government merely required an amendment to s.79 of
3266-523: The first democratically elected [ sic ] cabinet in Canada's history. In 2014, as Prince of Wales, I had the great privilege of being sworn into the Queen's Privy Council for Canada in the very same room. At the time, I was struck by the historic setting and profound significance in the history of Canada and the Commonwealth and, as you reflect on and celebrate this important milestone, I wanted to send you my warmest best wishes. John Ralston Saul ,
3337-512: The first permanent European settlement in Australia at Port Jackson . The settlers gradually expanded across the continent, displacing the indigenous population, until they had established six colonies; the legal system of these colonies were based on the common law system. At first, the Australian colonies were run by autocratic governors. They were appointed by the British monarch , but in practice
3408-729: The governor, and ministerial functions were performed by appointed officials, not politicians. The various "ministers" serving on the Council, such as the Colonial Secretary ( Andrew Sinclair from 1844) and the Colonial Treasurer ( Alexander Shepherd from 1842), reported to the Governor. When Parliament was established, however, many believed that they would soon replace these appointed officials, with ministerial positions being given to members of Parliament instead. The Acting Governor, Robert Wynyard , did not agree, however, saying that
3479-407: The governors exercised vast executive and legislative powers with very little oversight. Several factors influenced this: most of these early colonies were penal colonies, they were at a great distance from the United Kingdom and communication was slow. In addition the continent was of enormous size and the Australian colonies were largely unexplored by Europeans and sparsely settled by them. In 1808
3550-408: The granting of certain state honours. Their ministers are required to counsel them (i.e., explain to them and be sure they understand any issue that they will be called upon to decide) and to form and have recommendations for them (i.e., their advice or advisement) to choose from, which are the ministers' formal, reasoned recommendations as to what course of action should be taken. From the middle of
3621-595: The granting of responsible government became the first step on the road to complete independence. Canada gradually gained greater autonomy through inter imperial and Commonwealth diplomacy, including the British North America Act, 1867 ; the Statute of Westminster, 1931 ; and the patriation of the Constitution Act, 1982 . Charles III , King of Canada , sent a message to Nova Scotians on 2 February 2023 to mark
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#17328737073503692-500: The latter encompassing the branches of government. In New Zealand, an adviser to the sovereign or governor-general is also referred to simply as "minister", but the formal title is used in the New Zealand Cabinet Manual . "I, [name], being chosen and admitted of the Executive Council of New Zealand, swear that I will to the best of my judgement, at all times, when thereto required, freely give my counsel and advice to
3763-486: The legal advice provided by the Attorney-General (and others) may be disclosed. The Attorney-General is also responsible for advising the Governor-General on who should be appointed judges of the courts of New Zealand . The post of Attorney-General has existed since the separation of New Zealand as a distinct Crown Colony from New South Wales . It is a distinct position from that of Minister of Justice , although
3834-401: The legislature chiefly to raise money. Under responsible government, the executive is also a part of the legislature. The Executive branch must consist of MPs Responsible government was a major element of Canada's gradual development toward independence. The concept of responsible government is associated in Canada more with self-government than with parliamentary accountability; hence, there
3905-464: The levers of government could not be turned over to Parliament without approval from United Kingdom of Great Britain and Ireland . The issue was controversial, and ended with the Acting Governor attempting (with only partial success) to suspend the 1st New Zealand Parliament . Later, in the 2nd New Zealand Parliament , Parliament was victorious, and the first political ministers were appointed in
3976-416: The order is signed by the governor-general, it becomes legally binding. At the same time as they are appointed to the Executive Council, a minister is generally charged with supervising a particular aspect of the government's activities, known as a " portfolio ", such as the provision of health services ( minister of health ) or the upkeep of law enforcement ( minister of police ). A minister with portfolio
4047-462: The performance of their departments. This requirement to make announcements and to answer questions in Parliament means that ministers must have the privileges of the floor, which are only granted to those who are members of either house of Parliament. Secondly, and most importantly, although ministers are officially appointed by the authority of the head of state and can theoretically be dismissed at
4118-493: The pleasure of the sovereign, they concurrently retain their office subject to their holding the confidence of the lower house of Parliament. When the lower house has passed a motion of no confidence in the government, the government must ordinarily immediately resign or submit itself to the electorate in a new general election. Lastly, the head of state is in turn required to effectuate their executive power only through these responsible ministers. They must never attempt to set up
4189-527: The position is referenced by a number of other legal documents, such as the Constitution Act 1986 which allows the Solicitor-General to exercise the functions of the Attorney-General. The functions of the Attorney-General are also described in the Cabinet Manual . There is no constitutional duty on the government to follow the advice of the law officers. The Cabinet Manual outlines the process by which
4260-440: The president, either in full or in part . If the parliament is bicameral , then the government is usually responsible first to the parliament's lower house , which is more representative than the upper house , as it usually has more members and they are always directly elected . Responsible government of parliamentary accountability manifests itself in several ways. Ministers account to Parliament for their decisions and for
4331-485: The resolution, became attorney general and leader of the government. Joseph Howe, the long-time campaigner for this "peaceable revolution", became provincial secretary . Other members of the council were Hugh Bell, Wm.F. Desbarres, Lawrence O.C. Doyle, Herbert Huntingdon, James McNab, Michael Tobin, and George R. Young. The colony of New Brunswick soon followed in May 1848, when Lieutenant Governor Edmund Walker Head brought in
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#17328737073504402-775: The right to vote in colonial elections. But, in practice they were usually unable to exercise this right: they lived traditional lifestyles in remote areas uncontacted by the colony, or affected by the disruption of the Frontier Wars . In addition, they often were excluded from voting by racial discrimination in practices or by property requirements. After federation, the Commonwealth Franchise Act of 1902 barred Aboriginal and Torres Strait Islander people from voting in federal elections unless they were already eligible to vote in their state. Queensland explicitly barred Aboriginal and Torres Strait Islander people from voting until
4473-466: The two posts are sometimes held by the same person, for example, Martyn Finlay held both positions from 1972 to 1975. Historically, the post could be held either by a politician or by a senior jurist, but today, it is invariably held by a member of Parliament . The Attorney-General is a member of the Executive Council and is usually appointed as a member of the Cabinet . (An exception is when David Lange
4544-529: The will of elected colonial assemblies. The first instance of responsible government in the British Empire outside of the United Kingdom itself was achieved by the colony of Nova Scotia in January and February 1848, through the efforts of Joseph Howe . Howe's push for responsible government was inspired by the work of Thomas McCulloch and Jotham Blanchard almost two decades earlier. The plaque erected by
4615-451: Was appointed Attorney-General outside Cabinet from 1989 to 1990.) By tradition, persons appointed Attorney-General have been lawyers. Only two attorneys-general have not been lawyers, most recently Michael Cullen who held the post in 2005 and again from 2006 to 2008. In November 1906, when Albert Pitt died, there was no lawyer in the governing Liberal Party who was free take up the position. Hence Joseph Ward appointed John Findlay to
4686-419: Was gained from the 1890s to the 1910s in Australia and New Zealand (1893), allowing the other half of the ethnic European population to participate in responsible representative government. In New Zealand, the indigenous Maori had full British citizenship following the 1840 Treaty of Waitangi . In Australia during the colonial period, some Aboriginal and Torres Strait Islander people may have theoretically had
4757-506: Was growing political discontent and civil disobedience among the common men, especially in the inland gold fields areas. This culminated in the 1854 Eureka Rebellion near Ballarat . 190 miners armed themselves, erected a stockade , and raised the Southern Cross Flag. They demanded an end to taxation (via an expensive miner's license) without representation, the right to vote in colonial elections, and colonial maintenance and upkeep of
4828-428: Was implemented in several colonies of British North America (present day Canada ), between 1848 and 1850, with the executive council formulating policy with the assistance of the legislative branch, which voted approval or disapproval, and the appointed governor enacting those policies that the legislature had approved. This replaced the previous system, whereby the governor took advice from an executive council and used
4899-494: Was inhabited by Aboriginal and Torres Strait Island peoples, who had their own traditional forms of self-government. They were divided into various nations and clans and, in some cases, large alliances between several nations. In 1770, Royal Navy officer James Cook sailed along the east coast of Australia and claimed it for King George III . Nearly two decades later, in 1788 the First Fleet led by Arthur Phillip established
4970-539: Was the half-brother of his successor, Jim McLay . Independent Liberal Reform United Labour National Ministers of the New Zealand Government Ministers ( Māori : nga minita ) in the New Zealand Government are members of Parliament (MPs) who hold ministerial warrants from
5041-427: Was then conducted over the ensuing years as the movement (known informally as "the responsibles") grew increasingly powerful, and used their parliamentary majority to put pressure on the British Governor, withholding public finances from him, and conducting public agitations. Not everyone favoured responsible government though, and pro-imperial press outlets even accused the movement of constituting "crafts and assaults of
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