Māori Status in New Zealand Law · Authority Ledger · Part 64 · Ministers

Where does a Minister actually get power to make a binding decision?

Appointment as a Minister does not create an unlimited personal power. Ministers exercise powers conferred by statutes, prerogative, appropriations and other lawful authorities within their portfolios, subject to collective Cabinet government and public-law limits.

Section 6 of the Constitution Act 1986 requires a Minister of the Crown to be a member of Parliament, subject to short transitional exceptions. The Governor-General appoints Ministers under the Letters Patent.

But appointment to ministerial office is not itself the source of every power the Minister later exercises. Individual powers are found in the legislation allocating decisions to “the Minister”, in prerogative authority, financial legislation and other specific legal sources.

Portfolio does not equal unlimited jurisdiction.A Health Minister cannot exercise a Police power merely because both are parts of the executive. The decision must be traced to the particular legal authority assigned to that Minister or lawfully exercisable on behalf of another Minister.

OfficeMinister of the Crown.

AppointmentGovernor-General under the Letters Patent; Constitution Act conditions apply.

Sources of substantive powerPortfolio statutes, prerogative, financial authorities and lawful delegations/acting arrangements.

Important cross-portfolio ruleSection 7 of the Constitution Act permits an Executive Council member to exercise another Minister's statutory power unless the context requires otherwise.

For every ministerial decision, the Authority Ledger asks: which provision confers this power, on which Minister, and were its statutory conditions met?

Primary statuteConstitution Act 1986, ss 6–7.

Executive practiceCabinet Manual 2023, chapter 2.

← Series index · Previous · Next →