Provincial Governments Act, 2025

An Act to provide for the establishment, governance and powers of provincial governments as devolved authorities within the Provinces of the Hokorian State, and to regulate their relationship with the Government and other state institutions.

ENACTED by the Koru of the Hokorian State under the Constitution of the Hokorian State.

Part I- Preliminary

Section 1- Short title

This Act may be cited as the Provincial Governments Act, 2025.

Section 2- Commencement

This Act shall come into force on a date appointed by the Koru.

Section 3- Interpretation

“State” means the Hokorian State;
“Province” means a Province of the Hokorian State;
“Assembly” means the Assembly established in the Constitution of the Hokorian State;
“Government” means the Government established in the Constitution of the Hokorian State;
“Council” means the council of provincial governments established in Part III.
“National law” means Acts of the Assembly, constitutional orders and Koru’s Court rulings.
“Chief Officer” means the person appointed by the Koru to lead and represent a provincial government as defined in Section 5 of this Act.
“Constitution” means the Constitution of the Hokorian State, including all amendments and supplementary constitutional orders.
“Council of provincial governments” or “Council” means the subordinate organisation established under Part III of this Act, responsible for coordinating and overseeing provincial governments.
“Emergency Powers” means the special powers exercisable by the Koru during a state of emergency as prescribed under Article 8 of the Constitution.
“Legislative Function” means the authority or process by which provincial laws or acts are proposed, debated and enacted within a provincial government.
“National Law” means all laws of the Hokorian State, including Acts of the Assembly, constitutional orders and rulings by the Koru’s Court, as previously defined.
“Provincial Constitution” means the constitution of a provincial government, establishing its structure and governance, as approved by the Council under this Act.
“Provincial Government” means the governing authority of a Province as established under this Act, responsible for provincial administration.
“Provincial Law” means legislation enacted by a provincial government under the authority granted in this Act and consistent with national law.
“Provincial Authority” means any person or body exercising powers on behalf of a provincial government.
“Transparency Standards” means the principles and requirements for public access to information, accountability, and reporting by provincial governments as required under this Act and applicable law.
“Koru” means the head of state of the Hokorian State as defined in the Constitution.
“Prime Minister” means the head of the Government of the Hokorian State as defined in the Constitution.

Part II- Establishment and Dissolution

Section 4- Establishment and Dissolution of Provincial Governments

The Prime Minister may motion for the establishment or dissolution of a provincial government in the Assembly.
Provincial governments shall be established by the Koru, at their own will or following a successful motion by the Prime Minister in the Assembly that establishes a provincial government.
Provincial governments shall be dissolved by the Koru, at their own or at the advice of the Prime Minister or the council of provincial governments where-
1. The provincial government has not fulfilled its duties and requirements under this Act and other national law, fourteen (14) days after being sent a notification by Koru’s Office that such action could be taken; or
2. The provincial government has not reported any activity to the council of provincial governments for sixty (60) days; or
3. The legislative function of the provincial government votes unanimously to dissolve, approved by the Chief Officer for that provincial government and by the Koru.
There shall be only one provincial authority per province, and every provincial authority should be assigned to a province.
The Koru shall appoint and dismiss a chief officer for a Province that has a provincial government, at their own will or at the advice of the Prime Minister.

Section 5- Chief Officer

A chief officer shall bear the title of Their Majesty’s Chief Officer for their province and the style of His, Her or Their Excellency.
The Koru’s Office shall specify, maintain and amend the order of precedence for the chief officer.
The chief officer shall bear responsibility for the Province and may exercise the Koru’s powers for that provincial government at their own will, but not against the direct actions or instructions of the Koru.

Part III- Council of Provincial Governments

Section 6- Establishment of a Council of Provincial Governments

A council of provincial governments shall be established as a subordinate organisation of the Koru’s Office to provide for the devolution of powers of the Government and the distribution of resources and services from the Government among provincial governments.
The council shall be known by a name prescribed by the Prime Minister.

Section 7- Structure of the Council of Provincial Governments

The council shall be chaired by the Koru, who shall maintain order within the council and maintain records of the affairs of the council.
The council shall consist of all Chief Officers and the Prime Minister, who shall all have voting power within the council.
The council shall consist of a maximum of two other officers per provincial government, appointed by the Chief Officer for each provincial government, who shall not have voting power within the council but may participate in other business.

Section 8- Business of the Council of Provincial Governments

The council shall be open to dialogue and new points of discussion as ordered by the Koru.
Any execution of the powers of the council shall require a vote to be held, requiring a majority of votes in favour in order to pass.
Upon a vote to execute a power of the council passing, it shall be executed as intended by the council and as permitted under law.

Section 9- Powers of the Council of Provincial Governments

The council may take compliance action against a provincial government, which shall include requesting the dissolution of the provincial government, suspending any powers of the provincial government or permitting the Government to fulfill the duties and requirements of the provincial government on its behalf.
The council may compel any provincial government to provide information and data as requested that relates to provincial law, engagement, finances, the use of resources and the use of services.
The Council shall have the authority to mediate inter-provincial disputes or disputes between a province and the Government and to issue binding or advisory resolutions as appropriate.
The Council may issue non-binding guidelines or minimum standards to promote consistency in areas of shared or overlapping jurisdiction.
The Council shall review and vote on proposed provincial constitutions or constitutional reforms, ensuring they are consistent with national law and the constitutional order.
The Council may issue reports, recommendations or opinions to the Assembly or Government on matters affecting intergovernmental relations, regional development or provincial performance.
The Council may coordinate joint projects or initiatives between multiple provinces.
The council may, by majority vote and with the authorisation of the Minister for Home Affairs, approve the devolution of specific powers, functions or responsibilities from the Government to a provincial government on a case-by-case basis, subject to any conditions or limitations imposed.

Part IV- Duties, Structure and Compliance

Section 10- Duties of Provincial Governments

Provincial governments shall be responsible for administration on a provincial level, as restricted by national and provincial law.
Provincial governments shall ensure the effective implementation and enforcement of provincial laws, regulations and policies within their jurisdiction.
Provincial governments shall be responsible for the provision, management and oversight of public services within their provinces, as may be provided for by provincial and national law.
Provincial governments shall manage provincial finances responsibly, including the collection of any authorised revenues, the administration of budgets and the transparent reporting of financial matters in accordance with applicable laws and standards.
Provincial governments shall protect the rights and freedoms of their residents and maintain public order, ensuring that all actions comply with national constitutional protections.
Provincial governments shall cooperate with the Government, other provincial governments and the council of provincial governments to promote harmonious relations, joint initiatives and the effective delivery of services.
Provincial governments shall act within the limits of their legal authority and shall not enact or enforce laws or policies that contradict national law or the Constitution of the Hokorian State.
Provincial governments shall regularly report to the council of provincial governments and the Government on their activities, finances and compliance with applicable laws, and shall make such information publicly accessible in accordance with transparency standards.

Section 11- Structure of Provincial Governments

The structure of each provincial government shall be established by a provincial constitution, which shall be proposed by the Koru to the council of provincial governments and shall take effect upon approval by a vote of that council.
The Koru shall be required to establish the structure of a provincial government within thirty days of its establishment before it shall face compliance action.
The Koru may coordinate the functions and operations of a provincial government through any lawful means, without any formal or documented framework, prior to the formal establishment of the provincial government’s structure and in accordance with law.

Section 12- Compliance of Provincial Government

Provincial governments shall be required to fulfill their duties and requirements under this Act and other national law, or face compliance action.
The council of provincial governments shall initiate compliance action where a provincial government does not fulfil its duties and requirements under this Act and other national law.

Part V- Provincial Law

Section 13- Establishment of Provincial Law

Provincial law shall be established as law that applies to the specific province where it has been enacted.
Provincial law shall include, but shall not be limited to, an Act passed by the legislative function of a provincial government and shall be titled and labeled in a manner that clearly distinguishes it from national law and makes clear which province it applies within.
Any Act passed by the legislative function of a provincial government shall require assent of the Koru and shall come into force at a date and time prescribed by the Koru.

Section 14- Scope of Provincial Law

Provincial law shall be superseded by, shall not contradict and shall not violate national law.
The effect of provincial law shall be limited to the province enacting it and shall not have any force or effect beyond its jurisdiction, or interfere in the legislative competence or affairs of other provincial governments, the Government or the Assembly.

Section 15- Publication of Provincial Law

Provincial law shall be made publicly accessible in the official language of the Hokorian State, and any additional languages as required by provincial law, by the provincial government of the province where it has been enacted.
A complete and official copy of the provincial law shall be transmitted to the council of provincial governments upon receiving assent.

Part VI- Emergencies

Section 16- Provincial Governments During a State of Emergency

Upon declaration of a state of emergency affecting all or part of a province, the provincial government shall take all necessary measures to maintain public order, protect the safety and welfare of the inhabitants and ensure continuity of essential services within its jurisdiction.
The provincial government shall cooperate fully with national authorities and the council of provincial governments during the emergency period.
The provincial government may be required to submit regular reports on the situation within the province to the council of provincial governments and the Koru’s Office.

Section 17- Coordination and Oversight During a State of Emergency

The council of provincial governments shall coordinate inter-provincial efforts to respond to emergencies and ensure consistent application of emergency measures across affected provinces.
The council of provincial governments may, upon direction from the Koru or the Government, oversee and direct provincial governments’ emergency responses to ensure compliance with national emergency policies and constitutional orders.

Section 18- Suspension and Modification of Powers

During a declared state of emergency, the Koru may, in accordance with Article 8 of the Constitution, temporarily suspend or modify any provincial government powers or functions as necessary to effectively manage the emergency.
The council of provincial governments may recommend to the Koru the suspension or modification of provincial government functions in response to emergencies.

Section 19- Emergency Powers Exercised by the Koru

Nothing in this Act shall limit or restrict the emergency powers of the Koru as provided in Article 8 of the Constitution, including but not limited to suspension of elections, restrictions on rights and suspension of reporting obligations.
The exercise of emergency powers by the Koru shall take precedence over any conflicting provisions of this Act or provincial laws.

Section 20- Resumption of Normal Provincial Governance

Upon rescission or suspension of the state of emergency, provincial governments shall promptly resume normal functions and duties as set out in this Act and provincial constitutions.
The council of provincial governments shall facilitate the transition from emergency governance to normal operations and oversee compliance by provincial governments during this period.

Section 21- Protection of Rights During a State of Emergency

While the Koru may suspend certain rights under Article 8 of the Constitution, provincial governments shall, to the fullest extent possible, continue to respect and uphold fundamental rights and freedoms consistent with the Constitution and applicable laws.