Constitution (Reserve Powers) Amendment Bill

Project discussion: Codify the reserve powers

Constitution (Reserve Powers) Amendment Bill

Member's Bill

Explanatory Note

Constitution (Reserve Powers) Amendment Bill

The Parliament of New Zealand enacts as follows:

1. Title

This is the Constitution (Reserve Powers) Amendment Act 2009.

2. Commencement
This Act comes into force on the day after the date on which it received the Royal Assent.

3. Principal Act Amended
This Act amends the Constitution Act 1986.

4. Amendment of part 2
Part 2 of the principal Act is amended in the manner indicated in Schedule 1

Schedule 1

Insert before section 6 of the principal Act:

5A. Appointment of the Prime Minister

The Governor-General shall appoint as Prime Minister the person who, in their judgement, appears to command the confidence of the House of Representatives.

c.f. Cabinet Manual 2.2

5B. Dismissal of the Prime Minister

resignation, ceasing to be an MP, losing a confidence vote

6A. Appointment of Ministers

The Governor-General shall appoint a person as a member of the Executive Council or as a Minister of the Crown only on the advice of the Prime Minister.

c.f. Cabinet Manual 2.16

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