The post-election period and the caretaker convention: what can the government do after an election?
New Zealand’s general election will be held on 7 November 2026. The official election results are not due until 27 November. If no party is able to govern on its own, the parties will need time to carry out negotiations before a government can be formed.
So, what can the sitting government do during that period? The answer lies in the caretaker convention.
What happens before the election?
We are currently nearing the end of the “pre-election period”. The pre-election period is generally regarded as the three month period before a general election.
The caretaker convention does not apply during the pre-election period. However, convention requires that incumbent governments act with restraint in the lead up to an election, particularly in relation to making significant appointments and government advertising campaigns.
What happens after the election?
The “post-election period” is the time after the election and before a new government is formed. This period ends when a party, or group of parties, is able to demonstrate to the Governor-General that they are able to form a majority in Parliament. Where the formation of the government involves multiple parties, it can take some time to carry out negotiations. In a close election, knowing the results of the special votes (which are only announced as part of the official election results, which are due to be released after this election on 27 November 2026) can be crucial to negotiations.
The post-election period lasts as long as it takes to form a government. In 2017, the election was held on 23 September and the Government was sworn in on 26 October, 33 days later. In 2020, the single-party government was sworn in after only 20 days, and in 2023 it took 44 days. The longest period of time it has taken to form a government in New Zealand was 65 days, in 1996. Even our longest post-election period pales in comparison to some overseas jurisdictions, such as Belgium, which underwent over seven months of negotiations after its 2024 election.
During the post-election period, New Zealand still needs to have a functioning government. The caretaker convention is therefore important in determining how the Government makes decisions during this time.
What is the “caretaker convention”?
The caretaker convention is the established practice of a sitting government restricting its actions, for example by not making any significant decisions or appointments, while it remains in office on an interim basis. The convention applies until a new government is formed, and in situations where a government loses the confidence of the House mid-term.
What can a caretaker government do?
This depends on how clear the outcome of the election is.
Where it is not clear who will form the next government (which so far seems to be a likely outcome for the 2026 general election), the normal day to day administration of government continues but significant decisions will be deferred where possible. Such matters include significant or potentially controversial issues, issues with long term implications, new policy initiatives or changes to existing policies. Where deferral of a decision is not possible, temporary or holding arrangements should be implemented. Where deferral or temporary arrangements are not possible, such as in the event of a national emergency, the decision should only be made after consultation with other parties to see if it has the support of a majority of the House.
Where it is clear who will form the next government, the outgoing government should not undertake new policy initiatives and should act on the advice of the incoming government on matters that are so significant that they cannot be delayed.
What the caretaker convention means for those engaging with government
For those that engage with government, the caretaker convention means that some matters may take longer to progress and significant decisions are likely to be deferred. This does not mean that engagement with government stops altogether, but that depending on the type of decision, you may need to prepare for delays.
Key takeaway
Under MMP, the period between election day and the appointment of a new government is likely to last several weeks. Given close polling, the possibility of a new party entering Parliament and participating in coalition discussions, and the likelihood that special votes will be important to negotiations, we will likely face a period of at least some weeks with a caretaker government.
During this time, the caretaker convention applies — the day-to-day administration of government continues, but significant decision making is restrained. The extent of that restraint depends on how clear it is who will form the next government.
Special thanks to Partner Jonathan Scragg, Senior Associate Max Clarke-Parker and Solicitor Sophie Phillips for preparing this article.
Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.
