The Letters Patent Constituting the Office of Governor-General of New Zealand is a royal decree and a part of the uncodified New Zealand constitution. Sometimes known as the Letters Patent 1983, the instrument has been amended twice (in 1987 and 2006) since its original issue in 1983. The letters patent—essentially an open letter from Queen Elizabeth II that is a legal instrument—constitutes the office of governor-general as the monarch's representative in the Realm of New Zealand, vests executive authority in the governor-general, establishes the Executive Council to advise the governor-general, and makes provision for the exercise of the governor-general's powers should the office be vacant.
Background
The 1917 Letters Patent was issued by King George V and counter-signed by the British Secretary of State for the Colonies, Sir George Shuster, and sealed by the Great Seal of the United Kingdom. The 1917 Letters Patent were issued following the proclamation of the Dominion of New Zealand in 1907, renaming the office of "governor" to "governor-general". New Zealand adopted the Statute of Westminster in 1947 and letters patent then became the responsibility of the New Zealand Government, not the United Kingdom. It was not until the 1960s, with the appointment of the first New Zealand-born governor-general, Arthur Porritt, on the advice of Prime Minister Keith Holyoake, that the New Zealand Government decided that the 1917 Letters Patent needed updating. Following 1975 Australian constitutional crisis (where a governor-general dismissed a serving prime minister), greater urgency was given to reviewing the governor-general's powers.
In 1976, the Prime Minister's Department asked lawyer (now Dame) Alison Quentin-Baxter and her husband Professor Robert Quentin-Baxter to review the Letters Patent 1917. In anticipation of new letters patent being issued, Parliament passed the Seal of New Zealand Act 1977.
The review of the 1917 Letters Patent was completed in 1980. The Cabinet Office published the review, recommending new letters patent be issued. Following the report, draft Letters Patent were circulated with the governments of Niue and the Cook Islands, who gave their informal approval.
Prime Minister Robert Muldoon wanted the Queen to sign the Letters Patent during her 1981 Royal Tour of New Zealand. This did not eventuate as Labour Party backbenchers refused to support the idea, believing that the royal tour had been timed to be close to the 1981 general election (Labour's front bench, including party leader Bill Rowling, David Lange and Geoffrey Palmer, all supported the Queen signing during the Royal Tour). It was not until 26 September 1983 that an Order-in-Council was issued requesting the Queen's signature. The Queen signed the Letters Patent on 28 October 1983, and soon after they were counter-signed by Muldoon, and sealed by the Seal of New Zealand. This was the first time a New Zealand prime minister had signed the document, symbolising that it had been "patriated"—that is, made a New Zealand legal instrument.
The new Letters Patent came into force on 1 November 1983.
Style
The Letters Patent are written as though they are an open letter from the Queen, although they are in fact a legal instrument (specifically, a royal decree) made under the Royal Prerogative, and are treated as statute law. The 1980 review of the 1917 Letters Patent drew on the experience from the Canadian Letters Patent, 1947 created after Canada adopted the Statute of Westminster 1931. The style was criticised as "quaint, and certainly belonging to a century other than the 21st."
Realm of New Zealand
Clause I of the Letters Patent defines the Realm of New Zealand as consisting of New Zealand, the Cook Islands, Niue, Tokelau and the Ross Dependency. (The governor-general of New Zealand is also separately titled the Governor of the Ross Dependency). This definition of the Realm of New Zealand recognised the new constitutions of the Cook Islands and Niue granted self-government.
Governor-General and Commander-in-Chief of New Zealand
Clause I of the Letters Patent constitutes the office of "Governor-General and Commander-in-Chief of New Zealand". The full title is rarely used, and usually "Governor-General" is used because the commander-in-chief role is largely ceremonial also.