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parliamentary system known as theWestminster system of governmentand is the highest law making body inNew Zealand. Parliament consists oftwo parts. The first is the head of stateof New Zealand (Queen Elizabeth II)who is represented by the Governor-General. The Governor-General isappointed by the Queen, on the PrimeMinister’s recommendation, for a termof five years. The Governor-Generalexercises the Queen’s royal powers andhis or her main constitutional functionis to invite the leader of the majoritypolitical party to form a government.The Governor-General is required byconstitutional convention to followthe advice of government ministers.This means that the Governor-Generaldoes what the Government adviseshim or her to do. (Although there aresome situations where the Governor-General may be required to exerciseindependent judgment, this has nothappened for a long time.) The secondis the New Zealand Parliament. It hasone chamber, called the House ofRepresentatives. The House consistsof 120 members of parliament (MPs)who are elected to the House for athree year term. New Zealanders aged18 and over elect the MPs by voting inelections every three years. The House’sresponsibilities include to debate andpass legislation, provide a Government,supply money and represent the viewsof the people of New Zealand.The role of the Executive is to initiateand administer law. The Executive ismade up of the Prime Minister, theCabinet (which consists of ministerswho are members of the governingparty or parties in Parliament and ispresided over by the Prime Minister)and the public sector.The role of the Judiciary is to apply thelaw. The independence of the Judiciaryis an important principle of the NewZealand constitution. As a result,freedom from political interference isan essential feature of the Judiciary’sposition within the New Zealand legalsystem. It is the judge’s role to apply thelaw to every case that comes before theCourt. Judges, however, also developlaw by deciding what legislation passedby Parliament means by interpreting it.Judges are appointed by the Governor-General. All judges are lawyers with atleast seven years’ experience, and usuallyhave many more.New Zealand’s ConstitutionNew Zealand does not have a singlewritten constitution. The Constitution,which is the foundation of our legalsystem, is drawn from a number ofimportant statutes, judicial decisionsand customary rules known asconstitutional conventions.The Rule of LawThe Rule of Law also forms a significantpart of the New Zealand Constitution.The principles of the Rule of Lawencompass ideas such as:(a) the powers exercised by MPsand officials are based on legalauthority;(b) minimum standards of justice existto which the law must conform;(c) the law should have safeguardsagainst the abuse of widediscretionary powers;(d) unfair discrimination should not beallowed by the law; and(e) a person should not be deprivedof his or her liberty, status or othersubstantial interest without theopportunity of a fair hearing beforean impartial Court or Tribunal.23

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