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10 Victoria U. Wellington L. Rev. 289 (1979-1980)
The Governor-General's Constitutional Discretions: An Essay towards a Re-Definition

handle is hein.journals/vuwlr10 and id is 303 raw text is: The Governor-General's constitutional
discretions: an essay towards a
re-definition
R. Q. Quentin-Baxter*
The ceremony of installing a Governor-General prompts reflections about New
Zealand's diminishing constitution. The question now is whether the constitutional
role of the Governor-General must be seen as another emptiness, or whether the
trend can be turned back. If so, we must act upon ithe need for rules . .. .
Professor Quentin-Baxter, drawing upon events in other Commonwealth countries,
here suggests that constitutional reform can most readily begin by redeveloping the
potential of an existing institution.
A Governor-General of New Zealand enters upon his duties at a ceremony in
Parliament grounds. Among those present are the heads of diplomatic missions,
ministers of the Crown and other members of Parliament, judges, chiefs of staff
of the armed forces, and other invited guests. The ceremony is required by the
prerogative document, last revised in 1917 during the reign of King George V,
in which the Sovereign creates and, regulates the office of Governor-General.
After inspecting the guard of honour, the new appointee causes the Commission
appointing him to be Governor-General to be read and published, and then and
there takes the oaths of allegiance and of office, administered by the robed Chief
Justice.
If the day is at all a pleasant one, an onlooker may allow his thoughts to
wander from the ceremonial to its constitutional meaning. At one level, the
swearing-in is symbolic: the Governor-General attests, his loyalty to the Crown
and the constitution on behalf of all of us, much as a chosen athlete takes the
Olympic oath on behalf of all contestants. Henceforward, while he holds office,
the Governor-General will represent the Sovereign in her capacity as Queen of
New Zealand. In the Queen's absence from New Zealand, most official acts will
be performed by him or by his authority. Without his assent, no Bill will become
* Professor of Law, Victoria University of Wellington.
1 Letters Patent constituting the office of Governor-General, dated 11 May, 1917. (N.Z.
Gazette, 24 April, 1919, p. 1213).

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