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  • The Governor-General
    • Biography of The Rt Hon Dame Cindy Kiro, GNZM, QSO
    • Biography of Dr Richard Davies
    • Media statements
    • Speeches by The Rt Hon Dame Cindy Kiro
    • The Governor-General's blog
  • Office of the Governor-General
    • Coronation of King Charles III and Queen Camilla
      • About the Coronation service
      • The King of New Zealand
      • Get involved
      • Coronation events
    • Roles and functions of the Governor-General
      • Constitutional role
        • New Zealand’s Constitution
        • Credentials ceremonies
        • The Executive Council
        • The Reserve Powers
        • The Royal prerogative of mercy
      • Ceremonial role
        • Investiture ceremonies
        • New Zealand Royal Honours
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      • International Role
    • Conditions of Appointment
      • Administrator of the Government
      • The Governor-General Act
      • The Governor-General's Flag
    • History
      • New Zealand's Governor-General - an historical perspective
      • Former Governors-General
    • Invitations, patronage and cards
      • Invitations for the Governor-General
        • Dress code for Government House events
      • Hosting the Governor-General
      • Order of precedence in New Zealand
      • Applying for vice-regal patronage
      • Current Vice-regal patronages
      • Congratulatory messages
    • Contacting the Governor-General
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        • Liverpool Room
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        • Maota Ariki
        • The Ballroom
        • The Council Room
        • The Landing
        • The Norrie State Dining Room
        • The Taupaepae
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        • Carved coats of arms
      • Government House centenary
      • Government House conservation
        • Conservation rationale
        • The project in detail
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        • Group garden tours
        • Upcoming public garden tours
      • Planning your visit and accessibility
      • History of the gardens
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  1. Home
  2. Office of the Governor-General
  3. Roles and functions of the Governor-General
  4. Constitutional role
  5. The Royal prerogative of mercy

The Royal prerogative of mercy

The Royal prerogative of mercy has been an important constitutional safeguard in New Zealand's criminal justice system, providing a special avenue for criminal cases to be re-opened where a person may have been wrongly convicted or sentenced.  Where it appears that a miscarriage of justice is likely to have occurred, the Governor-General has normally exercised the Royal prerogative of mercy to refer a case back to the courts, under section 406 of the Crimes Act.  The grant of a pardon, or the suspension or remission of a sentence is extremely rare.
 

On 1 July 2020, there was an important change that affects people who want to apply to re-open a criminal case.  The Criminal Cases Review Commission has taken over from the Governor-General the responsibility for reviewing criminal convictions and sentences, and deciding whether to refer them back to the courts.

Criminal Cases Review Commission

On 1 July 2020, the Criminal Cases Review Commission Act 2019 came into force.  The Act established the Criminal Cases Review Commission (CCRC) as an independent Crown entity to investigate possible miscarriages of justice.  If the CCRC considers a miscarriage of justice may have occurred, it can refer a conviction or sentence back to the courts for a further appeal.

The CCRC has taken over this responsibility from the Governor-General.  Section 406 of the Crimes Act, which previously allowed the Governor-General to refer a criminal case back to the courts, was repealed on 1 July 2020.

That means that a person who thinks a miscarriage of justice has occurred in their case and wants their conviction or sentence to be reviewed should apply to the CCRC, not the Governor-General.  You can find the CCRC’s website here.

The Royal prerogative of mercy

The Royal prerogative of mercy is one of the surviving prerogative powers of the British Monarch.  The Governor-General’s authority to exercise the RPM in New Zealand comes from the Letters Patent Constituting the Office of the Governor-General 1983.  In exercising the prerogative of mercy, the Governor-General acts on the advice of the Minister of Justice.    

After 1 July 2020, the Governor-General retains the powers set out in the Letters Patent relating to the Royal prerogative of mercy: the powers to grant a free or conditional pardon, suspend the execution of any sentence, or remit a sentence. 

In practice, however, the powers set out in the Letters Patent have rarely been used.  Powers relating to sentences, and the conditional pardon, have been largely overtaken by sentencing and parole laws.  The grant of a free pardon is extremely rare and is usually considered only where there is compelling new evidence that a person could not properly have been convicted.

It is important to emphasise that the normal remedy for an apparent miscarriage of justice is to refer the person’s case back to the appeal courts.  That is now the responsibility of the CCRC.   

However, if you believe your case may merit the grant of a pardon, please contact the Official Secretary for further information.

Official Secretary to the Governor-General
Government House
Private Bag 39995
Wellington 5045

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In this section
  • Coronation of King Charles III and Queen Camilla
  • Roles and functions of the Governor-General
    • Constitutional role
      • New Zealand’s Constitution
      • Credentials ceremonies
      • The Executive Council
      • The Reserve Powers
      • The Royal prerogative of mercy
    • Ceremonial role
    • Community role
    • International Role
  • Conditions of Appointment
  • History
  • Invitations, patronage and cards
  • Contacting the Governor-General
  • Official portraits
  • Royal Commission Reports

New Zealand Royal Honours and Investitures

Image of the insignia of the New Zealand Royal Honours system

The Governor-General holds investiture ceremonies for New Zealand Royal Honours on behalf of The King.

Information for recipients

Find out more about the honours system

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The Governor-General
  • Biography of The Rt Hon Dame Cindy Kiro, GNZM, QSO
  • Biography of Dr Richard Davies
  • Media statements
  • Speeches by The Rt Hon Dame Cindy Kiro
  • The Governor-General's blog
Office of the Governor-General
  • Coronation of King Charles III and Queen Camilla
  • Roles and functions of the Governor-General
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