Cabinet Manual
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Summary of Contents
Contents
Foreword
Preface
Introduction
1. Governor-General & Executive Council
2. Ministers of the Crown: Appointment & Role
3. Ministers of the Crown & the State Sector
4. Ministers & the Law
Introduction
Attorney-General
Comment by Ministers on judicial decisions
Crown legal business
Litigation involving Ministers
Legal advice and legal professional privilege
Public inquiries
5. Cabinet Decision Making
6. Elections, Transitions, & Government Formation
7. The Executive, Legislation, & the House
8. Official Information
Appendices
Index
PDF file (1.9MB)
4. Ministers and the Law
Related information
Cabinet Directions for the Conduct of Crown Legal Business 1993
are in appendix C.
The publication
Setting Up and Running Commissions of Inquiry
,
published by the Department of Internal Affairs, can be found on the Department of Internal Affairs website,
www.dia.govt.nz
.
Download the PDF of this chapter
(311.75 KB)
Chapter contents
Introduction
Attorney-General
General
Role of Attorney-General
Law officer role
Legal proceedings involving the Crown
Link between the judiciary and the government
Responsibility for agencies
Attorney-General’s functions and section 7 of the Constitution Act 1986
Comment by Ministers on judicial decisions
Crown legal business
Litigation involving Ministers
Judicial review
Appearance in court by Ministers to give evidence and production or discovery of documents
Service of court documents
Indemnity of Minister as a defendant
Proceedings brought against Ministers
Proceedings concerning the exercise of ministerial powers
Proceedings against a Minister personally
Preliminary steps
Cabinet consideration
Procedure where the Crown undertakes the defence
Procedure where private counsel is retained
Payment of costs or damages awarded
Receipt of costs or damages awarded
Indemnity of Minister as plaintiff
Legal advice and legal professional privilege
General
Legal professional privilege
Guidelines for the presentation of legal advice
Waiver of legal privilege
Release of legal advice
Public inquiries
General
Statutory commissions of inquiry
Commissions of inquiry
Royal commissions of inquiry
Powers and privileges of statutory commissions of inquiry
Establishing a statutory commission of inquiry
Subject of inquiry
Purpose of inquiry
Terms of reference
Appointment of inquirer or commissioner
Budget and time frame
Ministerial inquiries
Standing bodies with inquiry powers
Statutory bodies
Select committee inquiries