Explainer: What happens after the coalition arrangement is finalised?

November 22, 2023
It's looking likely the next government will be announced soon - so what happens then?

Once the high-stakes negotiations between National, NZ First and ACT are concluded, there's a much more formal process involved when it comes to appointing the government and opening the new parliament. 1News' Felix Desmarais takes a look at what's involved.

It's 20 days since the 2023 official election vote count was revealed. Since then, National, ACT and New Zealand First have being trying to work out a deal for the formation of the next government of New Zealand.

Those negotiations are now focused on the final piece of the puzzle - ministerial role allocations.

National Party members have been seen returning from Auckland - where the latest coalition talks have been held - to Wellington. It's expected a government formation announcement will happen in the capital, so it's looking likely the next government will be revealed very soon.

But what happens then? 1News asked the Department of Prime Minister and Cabinet (DPMC) the process once the new government is formed.

The Governor-General - Dame Cindy Kiro - appoints the government, based on the result of the election, and on behalf of the King. But before she can do so, she must be satisfied the incoming government has the "confidence of the House". That is usually achieved through public statements from political leaders and the publication of any party agreements.

Jacinda Ardern announcing the then-incoming Labour majority government's cooperation agreement with the Greens in November 2020.

In real terms, that probably means a public announcement before media from Christopher Luxon - as leader of the government - and the publication (online and otherwise) of the coalition deals between National, ACT and New Zealand First.

This part is required before the swearing in process, which usually happens at Government House, which is nestled in the hills near the Basin Reserve in Wellington. It's usually attended by appointees, the Governor-General and her staff, the media and members of appointees' families.

What happens there?

The Governor-General asks the incoming prime minister to confirm they are able to lead a government that can command the confidence of the House of Representatives.

In layman's terms, that means they have the numbers to govern, which National, ACT and NZ First do with their combined seats.

You can see the 2020 ceremony on the Governor-General's Youtube page here:

The Governor-General first appoints the prime minister-elect as an executive councillor and formally, the prime minister of New Zealand.

The Executive Council comprises all Ministers of the Crown, whether those ministers are inside or outside Cabinet.

This is when the incoming prime minister gets probably one of the most boss of boss titles in New Zealand public life: the Right Honourable (ministers just get "The Honourable"). It's granted to and may be used for life by prime ministers, governors-general, speakers and chief justices (current and former, as of 2010).

At the 2020 swearing-in of the new ministry, Dame Patsy Reddy, who preceded Dame Cindy Kiro, said to Jacinda Ardern (now Dame Jacinda Ardern):

"Ms Ardern, you have assured me that you are able to lead a government that can command the confidence of the House of Representatives. I now ask you to confirm that publicly."

Ardern replied: "Yes, your Excellency."

Dame Patsy said: "In that case, I will proceed with your appointment as prime minister."

Dame Patsy was then presented with a warrant to appoint Ardern as a member of the Executive Council of New Zealand and as prime minister, to sign.

Dame Patsy then said to Ardern it gave effect to her appointment as prime minister, and congratulated her. It took about 75 seconds.

Jacinda Ardern being sworn in as prime minister in 2020.

A very similar process will likely take place for the appointment of Christopher Luxon to the Executive Council of New Zealand and as prime minister of New Zealand, albeit with some names and titles switched around.

A meeting of the Executive Council is then convened, according to DPMC.

Members of the new Executive Council take the Oath or Affirmation of Allegiance, and the Executive Councillor’s Oath or Affirmation.

On the advice of the Prime Minister, the Governor-General appoints Ministers and assigns their portfolios.

And after that?

Prime Ministers traditionally chair their first Cabinet meeting following the appointment ceremony.

When Parliament sits after that is a decision for the incoming prime minister. Several days are usually needed to complete planning documents, including the Speech from the Throne, which is held in the Legislative Council Chamber (often just called the LCC) in Parliament. On her way there Dame Cindy is careful, as the King's representative, to only walk on the red carpet at Parliament - the green carpet is for members (commoners) only.

The Speech from the Throne is delivered by the Governor-General or the Sovereign - King Charles III, if he's in New Zealand. He's not usually, so it's likely to be delivered by Dame Cindy.

The speech is the first formal opportunity for the government to outline its legislative intentions, and is given on the second sitting day of a parliamentary term, when the state opening of Parliament is held.

The Beehive and Parliament.

The speech is prepared following a process decided by the Prime Minister, with officials helping where necessary. The Prime Minister sends a preview to the Governor-General, and once the final text is approved, the Cabinet Office arranges for the speech to be distributed publicly - including publishing it in the New Zealand Gazette.

The Gazette is the official Government newspaper and authoritative journal of constitutional record, published since 1841 - although it is primarily an online record nowadays.

So when will that be and what will happen?

Perhaps it's time we adjust $64,000 questions for inflation.

It's up to the incoming prime minister, once he is sworn in of course.

Parliament is opened on the Governor-General’s behalf by three Royal Commissioners (usually the Chief Justice and two other senior judges).

A Commissioner reads the proclamation summoning Parliament and informs members that the Governor-General will attend in person the next day. The Commissioners then depart but the members remain so they can be sworn in and a speaker elected.

It's the first time the three leaders - the three key players in the next government - have met in the same room.

It is, of course, another $64,000 question as to who that will be.

The mysterious, yet to be revealed Speaker-Elect will present to the Governor-General at Government House and ask for her confirmation to the position.

The day after the Commission Opening, the formal State Opening of Parliament by the Governor-General takes place. The Governor-General delivers the Speech from the Throne in the Legislative Council Chamber at Parliament Buildings.

But of course, none of this will happen until a coalition deal is reached. To keep abreast of that, stay tuned to 1News on TVNZ1 and 1News.co.nz.

Additional reporting by Lillian Hanly.

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