[2][3] The Executive Council of New Zealand was first constituted in 1840 by proclamation of Governor William Hobson, who designated it as the principal advisory body in the administration of the government.
[7] The clerk of the Executive Council (who is also the Cabinet secretary) is appointed by the governor-general on advice of the prime minister, and is responsible for attending all meetings of the Council and keeping records of its meetings, as well as for co-coordinating any official support or advice to the governor-general.
The clerk also countersigns any Order in Council, proclamation, or other legal instrument issued by the governor-general.
By constitutional convention, only members of Cabinet advise the governor-general through the Executive Council.
[11] The appointment of Winston Peters as Minister of Foreign Affairs and Peter Dunne as Minister of Revenue subsequent to the 2005 general election[11][12] saw the status of ministers outside Cabinet develop significantly, given that they were appointed to important ministerial positions outside Cabinet in exchange for their parties supporting the Government on matters of confidence and supply while being required to defend Government policies only within their spheres of ministerial responsibility.