12.3 The structure and functions of Parliament

New Zealand's Parliament is a unicameral system with the Sovereign and House of Representatives. It's made up of 120 MPs elected through a mix of electorate and party list seats. The Speaker presides over debates and enforces rules.

Parliament's main jobs are making laws, representing people, checking on the government, and approving spending. It's the supreme law-making authority in New Zealand. The process of making laws involves several stages, from introducing a bill to getting royal assent.

New Zealand Parliament Composition

Structure and Membership

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• New Zealand Parliament operates under a unicameral system consisting of the Sovereign (represented by the Governor-General) and the House of Representatives
• House of Representatives typically comprises 120 members
  • Additional seats possible through overhang seats in the Mixed Member Proportional (MMP) voting system
• Members of Parliament (MPs) elected through a combination of electorate seats and party list seats
  • Reflects the MMP system introduced in 1996
• Speaker of the House, elected by MPs, presides over parliamentary debates and enforces rules and procedures

Roles and Responsibilities

• Primary roles of Parliament encompass legislating, representing constituents, scrutinizing government actions, and authorizing government expenditure
• Sovereign, as head of state, performs constitutional duties
  • Appoints the Prime Minister
  • Gives royal assent to legislation
  • Dissolves Parliament
• Parliamentary sovereignty grants Parliament supreme law-making authority within New Zealand's constitutional framework

Legislative Process in Parliament

Bill Introduction and First Reading

• Legislative process initiates with the introduction of a bill
  • Types include government bills, member's bills, local bills, and private bills
• First reading involves general debate on bill principles
  • If passed, bill referred to a select committee for detailed examination

Committee Stage and Second Reading

• Select committees examine bills in detail
  • Often invite public submissions and expert testimony
  • Report back to the House with recommendations
• Second reading allows debate on select committee's report and proposed amendments
• Committee of the whole House stage follows for clause-by-clause consideration

Final Stages and Enactment

• Third reading serves as final debate before vote determines bill's passage into law
• Upon passing third reading, bill requires royal assent from Governor-General
• Bill becomes an Act of Parliament and enacted into law after receiving royal assent

Parliament vs Executive Branch

Executive Branch Structure

• Executive branch comprises Prime Minister and Cabinet
  • Drawn from and accountable to Parliament under New Zealand's parliamentary system
• Prime Minister typically leads party or coalition with majority support in Parliament
  • Appointed by Governor-General
• Cabinet, central decision-making body, consists of senior ministers chosen by Prime Minister
  • Collectively responsible to Parliament

Parliamentary Control and Accountability

• Principle of ministerial responsibility requires ministers to answer to Parliament for actions
  • Includes accountability for their departments
• Executive initiates most legislation and controls parliamentary agenda through House majority
• Question Time allows MPs to directly scrutinize executive
  • Holds ministers accountable for government policies and actions
• Confidence and supply relationship crucial for government to remain in office
  • Requires ongoing parliamentary support

Parliamentary Oversight and Accountability

Question Time and Written Inquiries

• Daily Question Time session enables MPs to ask oral questions of ministers
  • Provides direct accountability and scrutiny of government actions
• Written questions submitted by MPs to ministers offer detailed form of inquiry
  • Answers become public record

Committee Oversight and Independent Officers

• Select committees, comprising MPs from various parties, perform multiple functions
  • Scrutinize legislation
  • Conduct inquiries
  • Examine government expenditure and performance
• Finance and Expenditure Committee plays crucial role in examining government's budget and fiscal policies
• Officers of Parliament (Auditor-General, Ombudsman) report to Parliament
  • Provide independent oversight of government activities

Parliamentary Debates and Opposition Role

• Parliamentary debates allow for broad scrutiny of government policies and performance
  • Address in Reply and Budget debates particularly significant
• Opposition's role critical for maintaining accountability
  • Leader of the Opposition leads formal responses to government initiatives