This Government bill amends the Constitution Act 1986 to change how executive government continues across an election. Section 6 requires Ministers to be MPs, and all MPs vacate office at the close of polling day; the current '28-day rule' lets Ministers stay on for 28 days after ceasing to be an MP. The bill removes that rule and instead keeps Ministers in office until election processes are completed and new MPs are returned, so the Governor-General always has advisers. The bill has passed all stages.
Parliament advanced this bill under urgency (committee of whole house, second reading, third reading) — moving it through faster than usual, with less time than normal for public submissions.
This bill amends the Constitution Act 1986, which sets out the basic rules for New Zealand's government. Under section 6, Ministers must be Members of Parliament, and all MPs leave office when polling day closes. A current "28-day rule" lets someone keep acting as a Minister for up to 28 days after they stop being an MP. The bill removes that fixed limit, instead allowing Ministers to stay in office until the election is fully completed and new MPs are returned. The goal is to ensure the Governor-General always has Ministers available to give advice between one Parliament ending and the next forming.
It is a Government bill. Supporters argue it closes a real gap: vote counting, special votes and coalition talks can run well past 28 days, and the country should never lack lawful ministerial advisers. Critics say it lets people who are no longer elected MPs keep exercising ministerial power for an open-ended time, raising democratic-legitimacy concerns, and that existing "caretaker" conventions already manage the transition.
See the Parliament.nz ↗ site for the full bill.