Executive Council of New Zealand

The Executive Council of New Zealand is the full group of "responsible advisers" to the Governor-General of New Zealand on state and constitutional affairs. All Government ministers must be appointed as Executive Councillors before they are appointed as ministers; therefore all Cabinet ministers are also Executive Councillors. The Governor-General signs a warrant of appointment for each member of the Executive Council, and separate warrants for each ministerial portfolio.

To be an Executive Councillor, one must normally be a Member of Parliament (this was codified in the Constitution Act of 1986). However, one may serve up to thirty days without being an MP; this is to allow for the transition of members not yet sworn in and members who have retired or been defeated. Each Executive Councillor must take the relevant oaths or affirmations set out in legislation.

While the Cabinet specifically deals with the regular, day-to-day functions of government, the Executive Council's primary function is to issue Orders in Council, which operate under the authority of the Governor-General in Council. Any three members of the Executive Council constitute a quorum. It has a function similar to that served by the Privy Council in the United Kingdom. The authority for its existence is provided by Letters Patent.

According to the New Zealand Cabinet Manual 2008:

The Executive Council meets every Monday to sign Orders in Council (regarding regulations and appointments, for example), and may also informally brief the Governor-General on political developments and constitutional issues that have arisen.

The Clerk of the Executive Council, who is also the Secretary of the Cabinet, is appointed by the Governor-General on advice of the Prime Minister, and is responsible for attending all meetings of the Council and keeping records of its meetings, as well as for coordinating any official support or advice to the Governor-General. The Clerk also countersigns any Order in Council, proclamation, or other legal instrument issued by the Governor-General.

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