New Zealand has three branches of Government:
The Legislature consists of Members of Parliament and the Governor-General. The role of the Legislature is to make laws (legislation), and to scrutinise the Executive.
The Executive consists of Ministers (both inside and outside Cabinet) and Government departments. The role of the Executive is to decide policy, propose laws (which must be approved by the Legislature) and administer the law.
The Judiciary consists of all judges. The role of the judiciary is to interpret and apply the law. There are two main sources of law: statutes (the laws passed by Parliament) and the ‘common law’. The common law has been developed by judges over the centuries, and may be altered by the courts to meet changing circumstances.
The three branches operate independently from one another, a principle known as the ‘separation of powers’. This principle is intended to prevent abuses of power, as each branch acts as a check on the others.
Judicial independence
Judges are independent from the other branches of Government and from each other. Judges must be free to determine each case according to the law, based on the evidence presented in court. This means that judges must be free from influence from every person including, but not limited to, the Governor-General, Members of Parliament (including Ministers) and Government officials.
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