In the lead-up to general elections, successive governments have chosen to exercise restraint in how they make decisions. These arrangements are sometimes loosely referred to as the “caretaker convention” or “caretaker conventions”. Strictly, the Cabinet Manual uses the term “caretaker convention” for the arrangements that apply after an election, or where a Government has clearly lost the confidence of the House. Different protocols apply during the pre-election period, as set out in the Cabinet Manual, a Cabinet Office Circular and guidance from the Public Service Commission.
In New Zealand the government of the day continues to have full power to govern until the general election. The caretaker convention does not apply in the pre-election period.
The only situation in which the caretaker provisions apply in New Zealand pre-election is where a government has clearly lost the confidence of the House a general election is the result.
However, the Cabinet Manual notes that although they are not in caretaker mode, successive governments have chosen to restrict their actions to some extent in the pre-election period.
The protocols that guide this pre-election restraint are set out in a Cabinet Office Circular (in this case CO(26)1 issued on 29 January 2026) and guidance for public servants issued by the Public Service Commission.
The pre-election period is generally regarded as being the three months before a general election. Cabinet Office Circular CO(26)1 confirms the pre-election period in 2026 commenced on 7 August.
The two areas where governments have traditionally chosen to exercise restraint in the pre-election period are:
1) Significant appointments; and
2) Government advertising.
Whether a government action or decision (including a significant appointment) should proceed during the pre-election period is ultimately a decision for the Prime Minister.
Other rules and obligations also take on particular significance during the pre-election period. For example, public servants are required to remain politically neutral at all times, and Ministers must use officials and public resources only for government, rather than party political, purposes. These are continuing obligations rather than additional areas of pre-election restraint, although the Cabinet Office and Public Service Commission guidance emphasise the need for particular care because of the heightened sensitivity around an election.
There is no blanket ban on ministers or Cabinet making of appointments during the pre-election period. The Cabinet Office has set out factors to be taken into consideration in determining whether an appointment is significant. These include:
1. the public profile of the position or organisation;
2. whether the organisation has a significant strategic or decision-making role;
3. whether the organisation controls significant assets or funds; and
4. whether the organisation is an executive body, as opposed to an advisory or technical one.
If a significant appointment is due to commence during the pre-election or immediate post-election period, Ministers are encouraged to ither allow the existing appointee to remain in position, if this is legal, or make a short-term appointment, reappointment or acting appointment.
The Cabinet Office Circular sets out an expectation that Ministers would only bring forward appointments that commence in the post-election period in exceptional circumstances.
The Cabinet Office Circular provides high-level guidance that government advertising must not result in public funds being used for party political purposes, with particular care required during the pre-election period because of the heightened political sensitivity. Government advertising is broadly defined as any publicly funded process for publicising a government policy, product, service or activity.
The PSC guidance recognises that government advertising can continue during the pre-election period as part of business-as-usual activity. It gives as examples road safety campaigns, public health information, information about access to government services and entitlements or about obligations under existing government policy, and promotion of New Zealand exports overseas. It advises public service agencies to consider the purpose, timing and audience of advertising, and notes that deferring some advertising during the pre-election period may be appropriate. It cautions against advertising that lacks detail or uses emotive language or rhetoric, particularly advertising that presents a vision for New Zealand’s future. It also advises agencies to avoid colours, images or other features that closely resemble party political advertising.
While the Cabinet Manual and Cabinet Office Circular identify significant appointments and government advertising as the two main areas in which successive governments have exercised pre-election restraint, the Cabinet Manual and the Cabinet Office Circular make clear that these operate as exceptions to the general rule that the government of the day continues to have full power to govern until the general election. In particular, the published pre-election guidance does not contain a general restriction on entering into contracts or other commitments that may bind a future government.
This is quite different to Australia, for example, where the caretaker convention applies from the time the House is dissolved for a general election. So what are the caretaker conventions in New Zealand and when do they apply?
After an election the incumbent government remains the lawful government, with all the powers and responsibilities that go with that, until a new government is sworn in. This includes during coalition negotiations.
However, governments in this situation have traditionally constrained their actions until the political situation is resolved, operating in accordance with what the Cabinet Manual describes as “the caretaker convention”.
The Cabinet Manual distinguishes between elections where the outcome is clear and those where it is unclear.
Where it is clear who will form the next government, but the incoming Ministers have not yet been appointed, the caretaker convention means the outgoing government should not undertake new policy initiatives. If an important decision cannot wait until the new government takes office, the outgoing government should act on the advice of the incoming government, even if it disagrees with that advice. The Cabinet Manual guidance presumes that in these situations the need for caretaker arrangements will be short-lived.
Where it is unclear who will form the next government, the ordinary business of government and day-to-day administration can continue, and decisions made before the caretaker period can generally be implemented. However, significant or potentially controversial decisions, new policy initiatives, changes to existing policy, and decisions with long-term implications for an incoming government should, where possible, be deferred. This includes matters such as major contracts and significant appointments.
If a decision cannot be deferred, Ministers should consider temporary or holding arrangements that avoid committing the government in the longer term. Where that is not possible, the matter should be dealt with only after consultation with other political parties to establish whether the proposed action has the support of a majority of the House. Any approach to other political parties must first be approved by the Prime Minister or Cabinet.
The caretaker convention is a constitutional convention rather than a set of legal rules. Its application to particular circumstances can therefore require judgement. Ministers who are unsure whether the caretaker convention applies to a decision before them are encouraged to raise the matter with the Prime Minister or Cabinet. The Secretary of the Cabinet can provide advice and guidance, but final decisions concerning the caretaker convention rest with the incumbent Prime Minister.
For further information on these changes or similar issues, please contact Managing Director Brigitte Morten or Director Marcus Ganley.
