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This Parliament Brief explains the difference between and the distinct functions of the institutions of Parliament, Government, and the House of Representatives. It also explains the ‘separation of powers’ – the relationship between Parliament, executive government, and the judiciary (courts) within New Zealand’s constitutional framework.
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An important function of the House of Representatives is holding the Government to account for its actions. The term ‘responsible government’ means that the Government has the confidence of the elected House from which its members are drawn. As a consequence, the Government is required to be accountable to the House.
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The law is the framework within which citizens consent to be governed. Democratic theory is that having elected their lawmakers (legislators), citizens recognise the legitimacy of the laws made on their behalf by the lawmakers and consent to abide by those laws.
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The concept of parliamentary privilege is often misunderstood to mean that politicians acquire personal privileges simply by being elected to Parliament. In fact parliamentary privilege applies to Parliament as a whole rather than the individual members. It enables the House of Representatives, as the democratically elected House of the people, to go about its business, such as law making, without interference from outside.
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New Zealand’s select committee system enables members of Parliament to examine issues in more detail than is possible in the House of Representatives. Select committees can also provide the public with an opportunity to comment on and suggest changes to impending legislation and to participate in other parliamentary functions such as inquiries. Select committees carry out public scrutiny of Government spending plans and of the performance of New Zealand’s Government departments, Crown entities and State enterprises.
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Some members of Parliament and officials have specific formal duties in the House of Representatives. They are known as officers of the House.
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A term of Parliament in New Zealand may not last more than three years. Several parliamentary processes, laws, and conventions (established practices) ensure a smooth transition and provide safeguards for democratic process when an election has been called.
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In 2008 the Parliamentary Library celebrated its 150th birthday! The library has played a vital role over the last 150 years, supporting representative and parliamentary democracy and responding to the needs of MPs. By the late nineteenth century it had become a magnificent national treasure house in a splendid building. Today it is a focused research and information service. The library’s transformation into an electronic powerhouse equips it well to serve Parliament into the twenty-first century.
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The Speaker is the highest officer of the House of Representatives and represents and embodies the House in its relationship with the Crown. The British origins of the position lay in the need for the assembly to have a voice to convey its opinions to the Crown and the House of Lords. Until the seventeenth century the Speaker acted more as the agent of the Sovereign. However, when King Charles I came in 1642 to arrest members of the House of Commons for treason the Speaker of the day said he had ‘neither eyes to see, nor tongue to speak in this place’ other than as directed by the House. The tradition of the Speaker being the servant of the House and speaking for the House dates from this time.
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