At least one blog is this morning continuing to take issue with our concern over the political tainting of Government House as a result of Rob Taylor being appointed the new Official Secretary.
Can we draw reader attention to the Introduction to the Cabinet Manual. This was written by Sir Ken Keith, who knows a bit more about matters constitutional than most. It is titled ON THE CONSTITUTION OF NEW ZEALAND: AN INTRODUCTION TO THE FOUNDATIONS OF THE CURRENT FORM OF GOVERNMENT
Amongst other things Sir Ken reminds us:
The Queen reigns . . .
That basic equation and the democratic character of the main conventions appear clearly in relation to the powers of the Queen and Governor-General under the law. Thus they may appoint Ministers and other holders of important offices (such as the Judges, the Defence Chiefs, the Ombudsmen, and the Controller and Auditor-General), they may dismiss them (following certain procedures), they may summon and dissolve Parliaments, they may assent - or not - to Bills passed through the House, and they may agree - or not - to proposed regulations and Orders submitted to them by the Executive Council and Ministers.
. . . but the government rules . . .
The Queen and the Governor-General are free to take those steps as a matter of law. But, as a matter of convention, they do so only on the advice of the Prime Minister or Ministers who have the support of the House of Representatives - that is, on the advice of those who are elected by the New Zealand voters, and who belong to a party which has a majority in the House; or who are part of a coalition which has a majority; or who, as a minority, are accepted by the House as able to sit on the Treasury benches. There must always be a ministry (the government of the day) to advise the Queen or Governor-General.
. . . so long as it has the support of the House of Representatives
That convention of course incorporates its own limit - one that conforms with democratic principle. If the government loses the support of the House, or if the Prime Minister loses the support of the governing party, then the ministry or the Prime Minister is likely to change: another party or combination of parties may now have the support of the House, or the governing party may have chosen a new leader. Or the Governor-General may face a more difficult situation because the position within the House or the governing party is unclear.
Situations like this were rare in New Zealand under the first past the post electoral system, but have been less rare since the introduction of the proportional representation electoral system. The essential principle in such situations is that the Queen, as a constitutional monarch, or the Governor-General, as her representative, acts in accordance with the advice of the Prime Minister or Ministers who have the necessary support of the House of Representatives. Where that support is unclear, the Governor-General relies on the elected representatives in the House, and especially the party leaders, to clarify whether a party or grouping of parties has the support of the House and should now be appointed as the government (or continue as the government), or whether fresh elections will be required. In the meantime, the incumbent government continues in office, where necessary acting in accordance with the convention on caretaker government.
We hope that we never face this situation, but we are concerned about the possibility that later this year or after the election "the Governor-General may face a more difficult situation because the position within the House or the governing party is unclear. " Yes the GG will in these circumstances rely "on the elected representatives in the House, and especially the party leaders, to clarify whether a party or grouping of parties has the support of the House and should now be appointed as the government (or continue as the government), or whether fresh elections will be required". But we would be a whole lot happier if we had confidence that no one partisan was going to be closely linked to this process of clarification and ultimately, decision making. Unfortunately we can not have such confidence with someone like Rob Taylor in this role.
The Cabinet Manual 1.7 states quite clearly "The office of Governor-General is apolitical. By convention, the Governor-General avoids becoming overtly involved in the "party politics" of government, despite having an integral place in the formal process of government." We think it most unfortunate that the Government has just tainted the apolitical office by this appointment.
