Māori Status in New Zealand Law · Authority Ledger · Part 62 · Head of State

Where do the Sovereign and Governor-General get authority to act in New Zealand?

The Constitution Act 1986 recognises the Sovereign as Head of State and provides for royal powers to be exercised by the Sovereign or Governor-General. The 1983 Letters Patent constitute the Governor-General's office and delegate executive authority subject to law.

Section 2 of the Constitution Act 1986 identifies the Sovereign in right of New Zealand as Head of State. Section 3 provides for powers conferred on the Governor-General by law to be exercised by the Sovereign personally or by the Governor-General.

The Letters Patent Constituting the Office of Governor-General of New Zealand 1983 constitute the office and authorise the Governor-General, on the Sovereign's behalf, to exercise executive authority of the Realm except where law provides otherwise.

The Governor-General is not an independent sovereign.The office is part of New Zealand's constitutional executive architecture. Its authority is drawn from the Crown, the Letters Patent, statute, prerogative and constitutional convention, and most powers are exercised on ministerial advice.

OfficeSovereign / Governor-General.

Constituting/current instrumentsConstitution Act 1986 + Letters Patent 1983.

Types of authorityStatutory powers, delegated royal authority and residual prerogative powers.

Practical controlMost formal powers are exercised on advice under constitutional convention and, where relevant, Executive Council advice/consent.

The office provides the formal Crown side of executive government, but the legal source and decision-maker behind each act still has to be identified.

Primary statuteConstitution Act 1986, ss 2–3B.

Constituting instrumentLetters Patent 1983.

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