The Letters Patent are a legal instrument that create and regulate the office of Governor-General, and set out some of the powers of the Sovereign. They are a product of the Royal prerogative - as such, they are orders issued by the Sovereign.

The 1983 Letters Patent revoked the earlier 1917 Letters Patent, which gave the Governor-General all sorts of powers, such as the ability to refuse royal assent for legislation, or reserve legislation (Section 17 of the Constitution Act 1986 confirmed this by repealing the earlier Constitution Act 1856 (Imperial), which allowed the Governor to reserve Bills of Parliament).

The 1983 Letters Patent thus brought the powers of the Governor-General closer to constitutional reality. The previous Letters Patent carried over terms and provisions from the first Letters Patent, which was written at a time when New Zealand was a colony of Britain.

The Letters Patent are officially from the Queen, but they are really written by the Prime Minister and Executive Council for the Queen to sign. Because of this, the Letters Patent 1983 were counter-signed by the then Prime Minister Sir Robert Muldoon.

Key clauses

• The office of Governor-General (Clause I)
• The powers of the Governor-General's office (Clauses III and IV)
• The constitution of the Executive Council for the purpose of advising the Governor-General - setting out the relationship between the Crown and the executive (Clauses VII, IIX and IX)
• The power to exercise the prerogative of mercy (Clause XI)

If New Zealand becomes a republic, the Letters Patent will need to be repealed. This is not a difficult task, as the Letters Patent 1983 are written as if they are a normal statute.

References

• Wikipedia - Letters Patent
• Cabinet Manual - Letters Patent 1983 - Department of the Prime Minister and Cabinet