Procedure for making appointments

Making appointments 

Once the intention to make a particular appointment has been noted by the Cabinet Appointments and Honours Committee (APH), Cabinet and caucuses, the actual appointment needs to be made. The relevant Act, Cabinet minute or board's constitution will prescribe who makes the appointment. It will generally be the:

• Minister or shareholding Ministers;
• Governor-General on the advice of a Minister; or
• Governor-General in Council.

While there may be instances when an Associate Minister has delegated authority to deal with appointments in a particular area of work, the appointment, or recommendation of appointment to the Governor-General, must be made in the name of the Minister who has the authority under the relevant Act. The Associate Minister can sign the documentation on behalf of the principal Minister. (See below for details about the form of words.)

A notice in the New Zealand Gazette may also be required for an individual to be legally appointed. Check whether this is the case by reference to the relevant Act, Cabinet minute or constitution of the body to which the appointment is being made. The publication of a notice in the New Zealand Gazette is arranged by the department or the Minister's office. For advice on the steps required, contact the Gazette Officer in the Department of Internal Affairs.

Appointments made by Ministers or shareholding Ministers

For appointments made by a Minister or shareholding Ministers:

• The appointment is made by way of a letter from the Minister advising the individual of the appointment.
• Remember to publish a Gazette notice, if required.

Appointments made by the Governor-General

For appointments made by the Governor-General:

• The Minister signs an advice sheet recommending the appointment. Note that it is different from the advice sheet used for Executive Council items. Advice sheets can be prepared by most print shops.
• An example of the words to be typed on the advice sheet after the words "respectfully advised to" is:

"appoint [xx] as a member/chair of the [xx] Board, pursuant to section [xx] of the [xx] Act, for a term of appointment commencing on [xx] and expiring on [xx]."

• The advice sheet must be signed by the Minister, with the Minister's title typed below the signature. Another Minister may sign for the portfolio Minister in which case the word "for" should be written next to the portfolio Minister's title. The space for a date at the top of the advice sheet should be completed when the Minister signs. This records the date of the Minister's advice to the Governor-General.
• There should be under the Minister's signature the word "Appointed" and a place for the Governor-General to sign and date.
• If there is more than one appointee to a particular organisation, the names should be on one advice sheet, rather than having separate advice sheets for each appointment.
• An appointment document to be signed by the Governor-General is attached to the advice sheet.
• After the Governor-General has signed it, the document is returned to the Minister for counter-signing and dating. Appointment documents should not be pre-witnessed or pre-dated before being sent to the Governor General.
• As a matter of courtesy, a short covering note to the Governor-General should accompany the documents. It should state the action the Governor-General is being advised to take, that is, appoint a particular person to a particular board, and include information about the position and the appointee, a brief description of the role or function of the board, and any other background information it would be useful for the Governor-General to know. Attach a copy of the CAB 50 CV form for every person being appointed.
• If the Governor-General is overseas, the Administrator of the Government fulfils the Governor-General's functions. The Administrator of the Government is the Chief Justice of New Zealand. In such cases a different advice sheet is used - one that is headed up "Her Excellency the Administrator of the Government is respectfully advised to". The Cabinet Office advises Ministers' offices and departments when the Governor-General is going to be overseas.
• When both the Governor-General and the Chief Justice are overseas, the next most senior member of the judiciary acts as the Administrator of the Government. Again, the Cabinet Office advises Ministers' offices and departments when the next most senior member of the judiciary is to act as the Administrator of the Government.
• Remember to publish a Gazette notice, if required.
• A letter of appointment must be sent to the appointee once the Governor-General has made the appointment.

Appointments made by Executive Council

For appointments made by Executive Council:

• The appointment is made by way of the Governor-General in Executive Council signing a document that has recommended the appointment. The documentation required for this is an Executive Council advice sheet, sometimes a separate instrument of appointment (for example, a warrant), and a CAB 50 (CV form).
• The above documentation is to be submitted to the Cabinet Office at the same time as the committee paper proposing the appointments.
• Remember to publish a Gazette notice, if required.
• A letter of appointment must be sent to the appointee once the Governor-General in Executive Council has made the appointment.

The appointment process

Letters of appointment

Cabinet requires that letters of appointment to Crown appointees follow certain guidelines. These guidelines are set out in the Cabinet Office circular CO (99) 12, Guidance for Members of Statutory Committees and Other Bodies Appointed by the Crown.