Electoral (Integrity) Amendment Acts: Difference between revisions
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{{short description|Acts of Parliament in New Zealand}} |
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The '''Electoral (Integrity) Amendment Acts''' are two [[Act of parliament|Acts of Parliament]] by the [[New Zealand Parliament]] which force the expulsion of [[Member of parliament#New Zealand|members of the New Zealand Parliament]] who have resigned from or been expelled from the political party for which they were elected. Two such Acts have been passed: the '''Electoral (Integrity) Amendment Act 2001''' (see [[Electoral (Integrity) Amendment Act 2018#Electoral (Integrity) Amendment Act 2001|§ 2001]]), which expired in 2005, and the '''Electoral (Integrity) Amendment Act 2018''' (see [[Electoral (Integrity) Amendment Act 2018#Electoral (Integrity) Amendment Act 2018|§ 2018]]), which remains in force. |
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The New Zealand Parliament is elected using [[Mixed-member proportional representation|mixed-member proportional voting]] and the [[Electoral Act 1993]] provides for the election of [[List MP|list members]] on behalf of [[List of political parties in New Zealand|registered political parties]]. Particularly in the 1990s, repeated instances of [[party switching]] led to criticisms that the proportionality of parliament as determined at a general election had been disturbed. The Electoral (Integrity) Amendment Acts were therefore attempts by the legislature to control its members' affiliations and votes in a way that conformed to the most recent election outcome. The New Zealand political parlance of "[[waka-jumping]]" has given rise to the colloquial description of the Acts as the "waka-jumping laws."'''<ref name="Geoff Simmons Spinoff">{{cite news |last1=Simmons |first1=Geoff |date=27 July 2018 |title='Waka jumping' is the wrong name for this junk law. Here's five better options |url=https://thespinoff.co.nz/politics/27-07-2018/waka-jumping-is-the-wrong-name-for-this-junk-law-heres-five-better-options/ |url-status=live |archive-url=https://web.archive.org/web/20210301134926/https://thespinoff.co.nz/politics/27-07-2018/waka-jumping-is-the-wrong-name-for-this-junk-law-heres-five-better-options/ |archive-date=1 March 2021 |access-date=12 June 2021 |work=[[The Spinoff]]}}</ref>''' |
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The Acts operate differently depending on whether the expelled member represents an [[New Zealand electorates|electoral district]] or if they were elected on a [[Electoral list|party list]]. The expulsion of an electorate member triggers a by-election; expelled list members are simply replaced by the next available candidate from their former party's list. In either instance, the [[Speaker of the New Zealand House of Representatives|Speaker of the House]] must make a declaration expelling the member. To date, two such declarations have been made. Former [[ACT New Zealand|ACT]] MP [[Donna Awatere Huata]] was expelled in 2004 under the 2001 Act, while former [[Green Party of Aotearoa New Zealand|Green]] MP [[Darleen Tana]] was expelled in 2024 under the 2018 Act. Despite the Acts being in force, other members and parties have conducted political manoeuvres to enable them to change parties or to be political independents without being expelled. |
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==Legislative features== |
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The current law, the Electoral (Integrity) Amendment Act 2018, inserted six new clauses into the [[Electoral Act 1993]]. Section 55A states that the seat of a Member of Parliament (MP) becomes vacant when they cease to be a parliamentary member of the political party for which they were elected. This is considered to have occurred in either of the following scenarios: |
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* The MP delivers a written notice confirming that they have resigned their parliamentary membership of the party for which they were elected, or if they wish to stand in Parliament as an independent MP or a member of another political party. This rule does not apply to MPs elected as independent members. |
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*The defecting MP's parliamentary party leader delivers a notice confirming their resignation or expulsion to the [[Speaker of the New Zealand House of Representatives]].<ref>{{cite web |title=Electoral (Integrity) Amendment Bill |url=https://www.legislation.govt.nz/bill/government/2017/0006/latest/DLM7478605.html |website=Legislation New Zealand |publisher=[[Parliamentary Counsel Office (New Zealand)|Parliamentary Counsel Office]] |access-date=12 June 2021 |archive-url=https://web.archive.org/web/20210518011705/https://www.legislation.govt.nz/bill/government/2017/0006/latest/DLM7478605.html |archive-date=18 May 2021 |url-status=live}}</ref><ref name="Stuff Waka jumping bill">{{Cite news |date=2018-09-27|title=Waka jumping bill finally passes, with begrudging support of Green Party|url= https://www.stuff.co.nz/national/politics/107427225/waka-jumping-bill-finally-passes-with-begrudging-support-of-green-party |access-date=2020-08-02|work=[[Stuff (website)|Stuff]]|language=en|archive-url=https://web.archive.org/web/20210316110741/https://www.stuff.co.nz/national/politics/107427225/waka-jumping-bill-finally-passes-with-begrudging-support-of-green-party|archive-date=2021-03-16|url-status=live}}</ref><ref name="RNZ waka jumping bill passes">{{cite news |last=McCulloch |first=Craig |url= https://www.rnz.co.nz/news/political/367427/waka-jumping-bill-passes-into-law-after-heated-debate |work=[[Radio New Zealand]] |title=Waka-jumping bill passes into law after heated debate |date=2018-09-27 |access-date=2020-07-24 |archive-url=https://web.archive.org/web/20201125084722/https://www.rnz.co.nz/news/political/367427/waka-jumping-bill-passes-into-law-after-heated-debate|archive-date=2020-11-25|url-status=live}}</ref> At least two-thirds of the party caucus must agree to the notice being given. |
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The provisions of the Electoral Act 1993 which concern vacancies apply. Electorate MPs are replaced through a by-election (section 129). List MPs are replaced by the first available member on their original party's list (section 134). |
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The two Electoral (Integrity) Amendment Acts feature some minor drafting differences. In addition, the 2001 Act included a [[Sunset provision|sunset clause]] so that it would automatically expire at the [[2005 New Zealand general election|2005 general election]]. Such a clause was not included in the current version of the legislation. |
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== Electoral (Integrity) Amendment Act 2001 == |
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=== Background === |
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{{infobox legislation |
{{infobox legislation |
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| short_title |
| short_title = Electoral (Integrity) Amendment Act 2001 |
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| legislature |
| legislature = [[New Zealand Parliament]] |
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| image = Coat of arms of New Zealand.svg |
| image = Coat of arms of New Zealand.svg |
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| imagesize = 180px |
| imagesize = 180px |
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| long_title = |
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| long_title = This bill amends the Electoral Act 1993 in order to enhance public confidence in the integrity of the electoral system by upholding the proportionality of political party representation in Parliament as determined by electors.<ref name="NZ Parliament">{{cite web |title=Electoral (Integrity) Amendment Bill |url=https://www.parliament.nz/en/pb/bills-and-laws/bills-proposed-laws/document/BILL_75706/electoral-integrity-amendment-bill |publisher=[[New Zealand Parliament]] |access-date=12 June 2021 |archive-url=https://web.archive.org/web/20200802201805/https://www.parliament.nz/en/pb/bills-and-laws/bills-proposed-laws/document/BILL_75706/electoral-integrity-amendment-bill |archive-date=2 August 2020 |url-status=live}}</ref> |
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| introduced_by |
| introduced_by = [[Margaret Wilson]]<ref name="2001Act" /> |
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| date_introduced = 22 December 1999 |
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| 1st_reading = 30 January 2018<ref name="NZ Parliament" /> |
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| |
| 1st_reading = 18 December 2001<ref name="2001Act" /> |
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| |
| 2nd_reading = 18 December 2001<ref name="2001Act" /> |
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| committee_whole_label = Committee stage |
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| committee_whole = 18 December 2001<ref name="2001Act" /> |
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| 3rd_reading = 18 December 2001<ref name="2001Act" /> |
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| administered_by = |
| administered_by = |
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| datepassed = |
| datepassed = |
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| royal_assent |
| royal_assent = 21 December 2001<ref name="2001Act" /> |
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| date_commenced |
| date_commenced = |
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| amendments = |
| amendments = |
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| related = |
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| related = {{unbulleted list|[[Electoral Act 1993]]<br>[[Electoral (Integrity) Amendment Act 2001]]}} |
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| repeals = |
| repeals = |
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| status = |
| status = expired |
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}} |
}} |
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Since New Zealand adopted [[proportional representation]] ahead of its [[1996 New Zealand general election|1996 general election]], [[party switching]] (or [[waka-jumping]]) had been criticised for disturbing the proportionality of parliament as determined at a general election. Previously, party dissidents had simply served as independents. However, in the [[44th New Zealand Parliament|44th Parliament]] (from 1993 to 1996) and [[45th New Zealand Parliament|45th Parliament]] (1996 to 1999), 22 MPs defected to other parties.<ref name=":0">{{cite web |date=6 December 2005 |title=Electoral (Integrity) Amendment Bill — First Reading |url=https://www.parliament.nz/en/pb/hansard-debates/rhr/document/48HansD_20051206_00001032/electoral-integrity-amendment-bill-first-reading |url-status=live |archive-url=https://web.archive.org/web/20190217030424/https://www.parliament.nz/en/pb/hansard-debates/rhr/document/48HansD_20051206_00001032/electoral-integrity-amendment-bill-first-reading |archive-date=17 February 2019 |publisher=[[New Zealand Parliament]]}}</ref> The [[Alliance (New Zealand political party)|Alliance]], a party which had been formed by [[Jim Anderton]]'s defection from [[New Zealand Labour Party|Labour]] to [[NewLabour Party (New Zealand)|NewLabour]] in 1989 and had been disadvantaged by the defection of [[Alamein Kopu]] in 1997, supported tighter controls on party switching. The Labour Party was also in favour. Deputy leader [[Michael Cullen (politician)|Michael Cullen]] introduced legislation to forcibly expel party switching members in October 1997, but a 5–5 split on the electoral law committee prevented the bill from progressing further.<ref>{{Cite Hansard|title=Electoral (Party Registration) Bill|jurisdiction=New Zealand Parliament|house=House of Representatives|date=22 October 1997|volume=564|url=https://drive.google.com/file/d/0B1Iwfzv-Mt3CTkdqZm5vWHd1QUk/view?resourcekey=0-wCyLgkxffExbGTljRBnD_A|page=342–354}}</ref><ref>{{Cite Hansard|title=Electoral (Party Registration) Bill – Consideration of Report of Electoral Law Committee|jurisdiction=New Zealand Parliament|house=House of Representatives|date=17 June 1998 |volume=569|url=https://drive.google.com/file/d/0B1Iwfzv-Mt3CT3VkLTZLMGE1Tnc/view?resourcekey=0-k5sUmQ3Skj94Z8dLDyL7ww|page=92–115}}</ref> |
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The two parties jointly campaigned at the 1999 election for tighter controls on party switching which were soon progressed by the new [[Fifth Labour Government of New Zealand|Labour–Alliance coalition government]]. In the 1999 ''Speech from the Throne'', the [[Governor-General of New Zealand|Governor-General]] announced on behalf of the new government:<blockquote>My government recognises that there is deep public concern with a number of aspects of the operations of our political system in recent years. In particular, my government believes that the public is not prepared to countenance any repetition of the level of defection by Members of Parliament from their parties which has occurred in the last two parliaments. Accordingly, legislation will be introduced to provide that, for this and the next parliament at least, such a practice will be outlawed. Members of Parliament will, therefore, be reminded of the obligations they have to the people of New Zealand when they seek and gain election under the banner of a political party. —[[Michael Hardie Boys]], ''Speech from the Throne'' (1999)<ref name="b997">{{cite web |date=21 December 1999 |title=Full Text: Speech From The Throne |url=https://www.scoop.co.nz/stories/HL9912/S00100/full-text-speech-from-the-throne.htm |access-date=8 May 2024 |website=Scoop News}}</ref></blockquote> |
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The '''Electoral (Integrity) Amendment Act 2018''' is a bill that amends the [[Electoral Act 1993]] to allow the expulsion of [[Member of parliament#New Zealand|members]] of the [[New Zealand Parliament]] who choose to leave their party or are expelled from their party, making their seats vacant. The bill was passed on 27 September 2018 as part of the coalition agreement between the [[New Zealand Labour Party|Labour]] and [[New Zealand First]] parties and the [[Green Party of Aotearoa New Zealand|Green Party]]'s confidence-and-supply agreement with Labour. |
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==Legislative |
=== Legislative history === |
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[[File:Jim Anderton 2000.jpg|thumb|312x312px|Deputy prime minister [[Jim Anderton]] was a leading figure in the development of the Electoral (Integrity) Amendment Act 2001.]] |
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The Electoral (Integrity) Amendment Act 2018 inserts six new clauses into the [[Electoral Act 1993]]. Section 55A states that: |
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The described legislation—the Electoral (Integrity) Amendment Bill—was introduced by associate justice minister [[Margaret Wilson]] the next day, 22 December 1999, and sent to the justice and electoral committee in a 64–55 vote. One Labour member was absent. It was the first bill debated in the new parliament and her speech on the bill was Wilson's first given as a newly elected MP. Labour, Alliance, [[New Zealand First]], and [[United New Zealand|United]] members were in support, while [[New Zealand National Party|National]], [[ACT New Zealand|ACT]], and [[Green Party of Aotearoa New Zealand|Green]] members were opposed.<ref name=":1">{{Cite Hansard|title=Electoral (Integrity) Amendment Bill|jurisdiction=New Zealand Parliament|house=House of Representatives|date=22 December 1999|volume=581|url=https://drive.google.com/file/d/0B1Iwfzv-Mt3CbVdYZk5xYkxOak0/view?resourcekey=0-eFQYaEb3HZ-q5S1d31Zr4w|page=75–106}}</ref> Speaking against the bill, National MP [[Simon Upton]] acknowledged the bill's attempt to give greater weight to parliamentary proportionality over other considerations but stated: "that is, of course, not an absolute principle. The 5 percent threshold, for one, and the prospect of a by-election, for another, mean that proportionality is compromised... We have to weigh [proportionality] up against some other principles [such as] the importance of allowing political parties to evolve and allowing electoral systems to evolve [and] the freedom of speech and conscience."<ref name=":1" />{{Rp|page=78}} Anderton, now deputy prime minister, addressed dissonance between his departure from Labour while remaining in parliament and his support for legislation that triggered compulsory expulsions, saying his was "a decision made in a totally different constitutional environment" to Kopu's.<ref name=":1" />{{Rp|page=81}} |
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*The seat of a Member of Parliament (MP) becomes vacant if they cease to be a parliamentary member of the political party for which they were elected. |
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*If the MP delivers a written notice confirming that they have resigned their parliamentary membership of the party for which they were elected, or if they wish to stand in Parliament as an independent MP or a member of another political party. This rule does not apply to MPs elected as independent members. |
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*This rule also applies if the defecting MP's parliamentary party leader delivers a notice confirming their resignation or expulsion to the [[Speaker of the New Zealand House of Representatives]].<ref>{{cite web |title=Electoral (Integrity) Amendment Bill |url=https://www.legislation.govt.nz/bill/government/2017/0006/latest/DLM7478605.html |website=Legislation New Zealand |publisher=[[Parliamentary Counsel Office (New Zealand)|Parliamentary Counsel Office]] |access-date=12 June 2021 |archive-url=https://web.archive.org/web/20210518011705/https://www.legislation.govt.nz/bill/government/2017/0006/latest/DLM7478605.html |archive-date=18 May 2021 |url-status=live}}</ref> |
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The "teeth" of the bill and its ability to actually expel dissident MPs was debated. Political journalist John Armstrong noted that because, under the proposal at the time, members must write to the Speaker giving notice of their resignation from their parties that members like Kopu could avoid expulsion simply by refusing to do that.<ref name="v865">{{cite web |last=Armstrong |first=John |date=30 June 2000 |title=Party-hopping MPs safe under bill escape clause |url=https://www.nzherald.co.nz/nz/party-hopping-mps-safe-under-bill-escape-clause/MK3XVUH2P2ISAJ2BQW3PX3GJTY/ |access-date=9 May 2024 |website=[[The New Zealand Herald]] }}</ref> Legal advice from the [[Solicitor-General (New Zealand)|solicitor-general]] [[John McGrath (judge)|John McGrath]] said trying to strengthen the bill to secure non-voluntary resignations might cause it to no longer be consistent with the [[New Zealand Bill of Rights Act 1990]].<ref name="v865" /> The government worked with New Zealand First, which had also been subject to many defections in the previous parliament, to address these shortcomings and secure that party's ongoing support.<ref name="s148">{{cite web |last=Young |first=Audrey |date=14 November 2000 |title=Tougher line on political defectors |url=https://www.nzherald.co.nz/nz/tougher-line-on-political-defectors/VBLECA4GUPJLXTRXRNUURIGUE4/ |access-date=9 May 2024 |website=[[The New Zealand Herald]] }}</ref><ref name="j680">{{cite web |date=3 September 2001 |title=New bill can make party hoppers quit |url=https://www.nzherald.co.nz/nz/new-bill-can-make-party-hoppers-quit/YWCSWC7CN7C6OGIDPAHKL4VDLY/ |access-date=9 May 2024 |website=[[The New Zealand Herald]] }}</ref> The outcome was that party leaders would be able to write to the Speaker with the support of two-thirds of the party's caucus, forcing the expulsion of a member.<ref name="j680" /> |
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==History== |
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[[File:Tariana Turia NZgovt.jpg|left|200px|thumb|Māori Party co-founder [[Tariana Turia]] was a casualty of the Electoral (Integrity) Amendment Act 2001, the predecessor to the 2018 legislation.]] |
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===Background=== |
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The Electoral (Integrity) Amendment Act 2018 was intended to address the issue of [[waka-jumping]], a New Zealand colloquialism describing the practice of MPs [[Party switching|switching political party]] between elections, taking their parliamentary seat with them and upsetting the proportionality of political party representation in the [[New Zealand Parliament]].<ref name="NZ Parliament" /><ref>{{cite news|url=http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10351637 |title=Maori Party vote vital to save 'waka-jumping act' |work=[[The New Zealand Herald]] |date= 23 October 2005|access-date=5 December 2011|archive-url=https://web.archive.org/web/20181120022135/http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10351637|archive-date=20 November 2018}}</ref><ref name="Geoff Simmons Spinoff">{{cite news |last1=Simmons |first1=Geoff |title=‘Waka jumping’ is the wrong name for this junk law. Here’s five better options |url=https://thespinoff.co.nz/politics/27-07-2018/waka-jumping-is-the-wrong-name-for-this-junk-law-heres-five-better-options/ |access-date=12 June 2021 |work=[[The Spinoff]] |date=27 July 2018 |archive-url=https://web.archive.org/web/20210301134926/https://thespinoff.co.nz/politics/27-07-2018/waka-jumping-is-the-wrong-name-for-this-junk-law-heres-five-better-options/ |archive-date=1 March 2021|url-status=live}}</ref> |
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The bill began its second reading on 9 November 2000, before the deal with New Zealand First had been completed, when National whip Gerry Brownlee won the consent of Parliament to have it promoted up the order paper.<ref>{{Cite Hansard|title=Sittings of the House; Electoral (Integrity) Amendment Bill|jurisdiction=New Zealand Parliament|house=House of Representatives|date=9 November 2000|volume=588|url=https://drive.google.com/file/d/0B1Iwfzv-Mt3CdF9CQzNzU293M3M/view?resourcekey=0-t7I2-uINPqQFMChsh5J4mg|page=608–621}}</ref>{{Rp|page=|pages=609–610}} The second reading was completed under urgency on 20 December 2001 (officially recorded as 18 December in ''Hansard''); the committee stage (wherein the amendment negotiated with New Zealand First was officially agreed) and third reading were held immediately afterwards.<ref name=":2">{{Cite Hansard|title=Electoral (Integrity) Amendment Bill|jurisdiction=New Zealand Parliament|house=House of Representatives|date=18 December 2001|volume=597|url=https://drive.google.com/file/d/0B1Iwfzv-Mt3CYWE0SFNIVmgybEU/view?resourcekey=0-ewBVvcfgbL9f4L1kexrSvw|page=905–999}}</ref> Speaking in the debate, Green co-leader [[Rod Donald]] addressed New Zealand First leader [[Winston Peters]]' apparent change of heart by quoting one of Peters' old press releases: in 1996 he had said "Members of Parliament joining New Zealand First or any other political party without resigning and seeking a new mandate is consistent with constitutional precedent. MPs have to be free to follow their conscience. They were elected to represent their constituents, not swear an oath of blind allegiance to a political party."<ref name="m077">{{cite web |date=9 May 2002 |title=Parliament hobbles the party-hoppers |url=https://www.nzherald.co.nz/nz/parliament-hobbles-the-party-hoppers/HZBYKXET7ADISQ7ZHOPQOXAQRM/ |access-date=9 May 2024 |website=[[The New Zealand Herald]] }}</ref> |
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In an attempt to address the issue of party switching, the [[Fifth Labour Government of New Zealand|Fifth Labour government]] had passed the [[Electoral (Integrity) Amendment Act 2001]] with the support of [[New Zealand Labour Party|Labour]]'s coalition partner [[Alliance (New Zealand political party)|Alliance]]. It required any MP who had entered Parliament via a [[party list]] to resign from Parliament if they left that party's parliamentary [[caucus]].<ref name="Electoral Integrity Amendment Act 2001">{{Cite act|title=Electoral (Integrity) Amendment Act 2001|number=105|date=21 December 2001|url=http://www.nzlii.org/nz/legis/hist_act/eaa20012001n105328.pdf}}</ref> Despite the Act's intentions, parties were still able to find legal loopholes. When the Alliance split in 2002 due to disagreements over New Zealand's involvement in the [[War in Afghanistan (2001–present)|War in Afghanistan]], [[Jim Anderton]] nominally remained the leader of the Alliance within Parliament, while campaigning outside Parliament as the leader of the newly-founded [[Jim Anderton's Progressive Party|Progressive Party]].<ref>{{Cite journal|last=Geddis|first=Andrew|date=2002|title=Party-hopping|journal=New Zealand Law Journal|pages=137–138}}</ref> These internal divisions within the Alliance led [[Prime Minister of New Zealand|Prime Minister]] [[Helen Clark]] to call an [[New Zealand general election, 2002|early general election]] in 2002.<ref>{{Cite book|title=The House: New Zealand's House of Representatives, 1854–2004|last=Martin|first=John|publisher=Dunmore Press|year=2004|isbn=0-86469-463-6|location=Palmerston North|pages=330}}</ref> |
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The final vote was 64–54. Two ACT members were absent and the sole United member [[Peter Dunne]] withdrew his earlier support.<ref name=":2" />{{Rp|page=999|pages=}} |
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The Electoral (Integrity) Amendment Act 2001 was only used once to expel Labour MP [[Tariana Turia]], who subsequently became one of the founders of the [[Māori Party]].<ref>{{Cite web|url= https://www.pundit.co.nz/content/who-controls-the-past-now-controls-the-future |title=Who controls the past now, controls the future|last=Geddis|first=Andrew|date=11 January 2018|website=Pundit|access-date=27 May 2017|archive-url=https://web.archive.org/web/20210215085213/https://www.pundit.co.nz/content/who-controls-the-past-now-controls-the-future|archive-date=15 February 2021|url-status=live}}</ref> The 2001 Act later expired during the [[2005 New Zealand general election]] as its sunset clause came into effect.<ref name="Electoral Integrity Amendment Act 2001" /> A proposed Bill to replace the 2001 Act in 2005 failed.<ref>{{Cite web|url= http://www.legislation.govt.nz/bill/government/2005/0003/latest/whole.html |title=Electoral (Integrity) Amendment Bill 3-1 (2005), Government Bill |website=New Zealand Legislation|publisher=[[Parliamentary Counsel Office (New Zealand)|Parliamentary Counsel Office]]|language=en-NZ|access-date=24 May 2018|archive-url=https://web.archive.org/web/20201111225003/http://www.legislation.govt.nz/bill/government/2005/0003/latest/whole.html|archive-date=11 November 2020|url-status=live}}</ref> |
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=== |
=== Implementation === |
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The Electoral (Integrity) Amendment Act 2001 came into force on 22 December 2001, the two-year anniversary of its introduction and the day after it received the [[Royal assent]].<ref name="2001Act">{{cite web |title=Electoral (Integrity) Amendment Act 2001 |url=http://www.nzlii.org/nz/legis/hist_act/eaa20012001n105328.pdf |access-date=9 May 2024}}</ref> Despite the strengthening of the bill in the committee stage, almost immediately MPs found ways to work around its provisions. The Alliance fractured in 2002 over New Zealand's involvement in the [[War in Afghanistan (2001–2021)|War in Afghanistan]] and Anderton formed a new party, the [[Jim Anderton's Progressive Party|Progressive Party]].<ref>{{Cite journal |last=Geddis |first=Andrew |date=2002 |title=Party-hopping |journal=New Zealand Law Journal |pages=137–138}}</ref> To avoid triggering the legislation he had endorsed, Anderton nominally remained leader of the Alliance within parliament even while campaigning as the leader of the Progressives; he struck a deal with [[Laila Harré]], who led Alliance members who did not follow him, wherein she would not "publicly lay claim" to the Alliance leadership. National leader [[Bill English]] called the arrangement deceitful; Anderton denied accusations of waka-jumping because he still supported the government.<ref name="n638">{{cite web |date=16 April 2002 |title=Alliance together, but miles apart |url=https://www.nzherald.co.nz/nz/alliance-together-but-miles-apart/XPZ7762NKWO35QGV3YT5NMTIME/ |access-date=9 May 2024 |website=[[The New Zealand Herald]] }}</ref> Prime minister [[Helen Clark]] responded by calling an early election.<ref>{{Cite book |last=Martin |first=John |title=The House: New Zealand's House of Representatives, 1854–2004 |publisher=Dunmore Press |year=2004 |isbn=0-86469-463-6 |location=Palmerston North |pages=330}}</ref> |
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[[File:Hon Andrew Little.jpg|200px|thumb|The Bill's sponsor Andrew Little.]] |
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On 30 January 2018, the [[Minister of Justice (New Zealand)|Justice Minister]] [[Andrew Little (New Zealand politician)|Andrew Little]] introduced the Electoral Integrity Amendment Bill into Parliament. During the first reading, several [[New Zealand National Party|National Party]] MPs including [[Amy Adams (politician)|Amy Adams]], [[Judith Collins]], and [[Nick Smith (New Zealand politician)|Nick Smith]] opposed the bill, claiming that it would favor party apparatchiks over MPs' electorates and stifle democracy. The bill was defended by several government MPs including Labour MP [[Clare Curran]], [[New Zealand First]] MP [[Darroch Ball]] and [[Green Party of Aotearoa New Zealand|Green]] MP [[Golriz Ghahraman]], who argued that it would preserve democracy by preventing party switching and upholding the proportionality of Parliament determined by electors. The Bill pass its first readings along party lines with 63 in favour (Labour, New Zealand First, and the Greens) and 57 opposed (National and the [[ACT New Zealand|ACT Party]]). The bill was then referred to the Justice select committee.<ref>{{cite web |title=Electoral Integrity Amendment Bill — First Reading |url=https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20180130_20180130_20 |publisher=[[New Zealand Parliament]] |access-date=14 June 2021|archive-url=https://web.archive.org/web/20210614232550/https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20180130_20180130_20|archive-date=14 June 2021|date=30 January 2018|url-status=live}}</ref> |
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In the subsequent term, Labour MP [[Tariana Turia]] resigned from her party and the parliament in 2004, forcing [[2004 Te Tai Hauauru by-election|a by-election]] where she was re-elected as a candidate of the [[Māori Party]].<ref>{{Cite web |last=Geddis |first=Andrew |date=11 January 2018 |title=Who controls the past now, controls the future |url=https://www.pundit.co.nz/content/who-controls-the-past-now-controls-the-future |url-status=live |archive-url=https://web.archive.org/web/20210215085213/https://www.pundit.co.nz/content/who-controls-the-past-now-controls-the-future |archive-date=15 February 2021 |access-date=27 May 2017 |website=Pundit}}</ref> ACT attempted to expel list MP [[Donna Awatere Huata]] in 2003; after a 10-month legal battle the [[Supreme Court of New Zealand|Supreme Court]] declared in 2004 Awatere Huata had "distorted, and is likely to continue to distort, the proportionality of political party representation in Parliament as determined at the last general election" and permitted her expulsion to proceed.<ref>{{Cite court|litigants=Richard William Prebble & others V Donna Awatere Huata|opinion=CIV 9/2004|court=SC|date=2004|url=https://www.courtsofnz.govt.nz/assets/cases/2004/civ-9-2004-appeal.pdf}}</ref><ref name="m852">{{cite web |date=26 March 2024 |title=Prebble V Awatere Huata |url=https://www.scoop.co.nz/stories/PO0411/S00158/prebble-v-awatere-huata-press-summary.htm |access-date=9 May 2024 |website=Scoop News}}</ref><ref name="w823">{{cite web |last=Taylor |first=Kevin |date=18 November 2004 |title=Speaker set to kick out Awatere Huata |url=https://www.nzherald.co.nz/nz/speaker-set-to-kick-out-awatere-huata/R5LIUKYJ344CXJRH4BKTLYFMG4/ |access-date=9 May 2024 |website=[[The New Zealand Herald]] }}</ref><ref name="b730">{{cite web |last=Geddis |first=Andrew |date=21 October 2018 |title=Ross, Bridges and the party hopping law (updated for recent developments) |url=https://www.pundit.co.nz/content/ross-bridges-and-the-party-hopping-law-updated-for-recent-developments |access-date=9 May 2024 |website=Pundit}}</ref> It was reported that National threatened [[Maurice Williamson]] with the Act in 2002 and 2003, but it was conceded that this was unlikely in practice.<ref name="e577">{{cite web |date=13 September 2002 |title=Zip it or face the boot, Williamson warned |url=https://www.nzherald.co.nz/nz/zip-it-or-face-the-boot-williamson-warned/UOR6UNRCOJQUJ4AZBNXWQNE6KM/ |access-date=9 May 2024 |website=[[The New Zealand Herald]] }}</ref><ref name="r335">{{cite web |date=15 July 2003 |title=Williamson exit could pave way for Maori MP |url=https://www.nzherald.co.nz/nz/williamson-exit-could-pave-way-for-maori-mp/64SEFNWCXITCPLG6TPIMOTY334/ |access-date=9 May 2024 |website=[[The New Zealand Herald]] }}</ref> |
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===Select committee=== |
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The Justice Committee received 55 submissions by early July 2018. Nine submitters supported the Electoral Integrity Amendment Bill's intentions but thought it should be limited to list MPs. Another submitter supported the Bill but recommended amendments. Six submitters including the [[Clerk of the New Zealand House of Representatives]], Benjamin Molineux, the Legislation Design and Advisory Committee, Professor Jack Vowles, Alec Van Heldingen, and Philip Evans suggested amendments to the legislation.<ref name="Departmental Report">{{cite web |title=Electoral (Integrity) Amendment Bill - Departmental Report |url=https://www.parliament.nz/resource/en-NZ/52SCJU_ADV_75706_56349/ff3cd400d771f8512bb2a463c2af3370b45e7132 |publisher=[[New Zealand Parliament]] |access-date=15 June 2021 |archive-url=https://web.archive.org/web/20210615080914/https://www.parliament.nz/resource/en-NZ/52SCJU_ADV_75706_56349/ff3cd400d771f8512bb2a463c2af3370b45e7132 |archive-date=15 June 2021 |date=2 July 2018 |url-status=live}}</ref> |
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=== Expiration and attempted reinstatement === |
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The remaining 40 submitters including former National MP [[Lockwood Smith]], blogger [[David Farrar]], former Green MP [[Keith Locke]], Annette Hamblett, activist [[Maire Leadbeater]], and the National Party opposed the Bill on the grounds that it constricted the freedom of MPs to dissent from their parties and the executive. The [[New Zealand Human Rights Commission]] and the [[New Zealand Law Society]] expressed concerns that the Bill clashed with the [[New Zealand Bill of Rights Act 1990]]'s provisions on free speech and association.<ref name="Departmental Report" /> Former Greens co-leader [[Jeanette Fitzsimons]] also expressed opposition to the Bill, stating that it "offends the freedom of conscience, freedom of speech, and freedom of association. Integrity cannot be legislated for. It is a matter of conscience and judgment."<ref name="Stuff Waka jumping bill">{{Cite news |date=2018-09-27|title=Waka jumping bill finally passes, with begrudging support of Green Party|url= https://www.stuff.co.nz/national/politics/107427225/waka-jumping-bill-finally-passes-with-begrudging-support-of-green-party |access-date=2020-08-02|work=[[Stuff (website)|Stuff]]|language=en|archive-url=http://web.archive.org/web/20210316110741/https://www.stuff.co.nz/national/politics/107427225/waka-jumping-bill-finally-passes-with-begrudging-support-of-green-party|archive-date=2021-03-16|url-status=live}}</ref> |
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The Act expired at the [[2005 New Zealand general election]] as its sunset clause came into effect.<ref name="Electoral Integrity Amendment Act 2001">{{Cite act|title=Electoral (Integrity) Amendment Act 2001|number=105|date=21 December 2001|url=http://www.nzlii.org/nz/legis/hist_act/eaa20012001n105328.pdf}}</ref> The reintroduction of the Act was part of the confidence and supply agreement formed between Labour and New Zealand First after that election.<ref name="o656">{{cite web |date=17 October 2005 |title=Confidence and Supply Agreement with New Zealand First |url=https://assets.nationbuilder.com/nzfirst/pages/3875/attachments/original/1656845221/NZFirst_Labour_Confidence_and_Supply_2005.pdf?1656845221 |access-date=9 May 2024}}</ref> A replacement Electoral (Integrity) Amendment Bill was moved on behalf of the deputy prime minister [[Michael Cullen (politician)|Michael Cullen]] on 6 December 2005; it was sent to the justice and electoral committee in a 61–60 vote. Labour, New Zealand First, [[United Future]] and the Progressives were in favour; National, the Green Party, the Māori Party and ACT were opposed.<ref name="k069">{{cite web |title=Electoral (Integrity) Amendment Bill |url=https://www.parliament.nz/en/pb/hansard-debates/rhr/document/48HansD_20051206_00001032/electoral-integrity-amendment-bill-first-reading |access-date=9 May 2024 |website=New Zealand Parliament}}</ref> The new bill was proposed without an expiry date.<ref name="q010">{{cite web |date=8 November 2005 |title=Shackling MPs who want to hop |url=https://www.nzherald.co.nz/nz/shackling-mps-who-want-to-hop/IKBNJL6EDTNG73ZGD6WCQ5AITE/ |access-date=9 May 2024 |website=[[The New Zealand Herald]] }}</ref> |
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A legal opinion from [[Solicitor-General (New Zealand)|solicitor-general]] [[Terence Arnold]] reviewed the bill's compliance with the [[New Zealand Bill of Rights Act 1990]] (BORA). Arnold's view was that the bill made ''[[prima facie]]'' infringements on the rights of members of Parliament to [[Freedom of speech|freedom of expression]] and [[freedom of association]]. However, he stated that arguments made by the Supreme Court the previous year meant although "it can be argued that the Bill should protect 'legitimate dissent' by members in respect of their parties and, to the extent that it does not, it is BORA inconsistent, on the basis of ''Awatere Huata'', the better view is that the Bill is consistent with, and does not breach, BORA."<ref>{{Cite report |url=https://waitangitribunal.govt.nz/assets/bora-electoral-integrity-amendment-bill.pdf.pdf |title=Electoral (Integrity) Amendment Bill |last=Arnold |first=Terence |date=3 November 2005 |access-date=14 May 2024 |archive-url=https://web.archive.org/web/20240514183053/https://waitangitribunal.govt.nz/assets/bora-electoral-integrity-amendment-bill.pdf.pdf |archive-date=14 May 2024}}</ref> After select committee consideration of the bill, United Future removed its support for the bill and the attempt to reinstate the Act failed.<ref>{{Cite web |title=Electoral (Integrity) Amendment Bill 3-1 (2005), Government Bill |url=http://www.legislation.govt.nz/bill/government/2005/0003/latest/whole.html |url-status=live |archive-url=https://web.archive.org/web/20201111225003/http://www.legislation.govt.nz/bill/government/2005/0003/latest/whole.html |archive-date=11 November 2020 |access-date=24 May 2018 |website=New Zealand Legislation |publisher=[[Parliamentary Counsel Office (New Zealand)|Parliamentary Counsel Office]] |language=en-NZ}}</ref><ref name="p003">{{cite web |title=Business Statement |url=https://www.parliament.nz/en/pb/hansard-debates/rhr/document/48HansD_20080306_00000001/business-statement |access-date=9 May 2024 |website=New Zealand Parliament}}</ref> |
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===Second reading=== |
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The Bill passed its second reading on 2 August 2018 by a margin of 63 to 57. Labour, New Zealand First and the Greens supported the Bill while the National and ACT parties opposed it.<ref>{{cite web |title=Electoral (Integrity) Amendment Bill — Second Reading |url=https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20180802_20180802_20 |publisher=[[New Zealand Parliament]] |access-date=15 June 2021 |archive-url=https://web.archive.org/web/20210610113119/https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20180802_20180802_20 |archive-date=10 June 2021 |date=2 August 2018 |url-status=live}}</ref> |
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While no electoral integrity laws were in place, party switching resumed, but less frequently than the pre-1999 period. List MP [[Gordon Copeland]], who had been party of the government-supporting [[United Future]] sat as an independent from 2007 and began supporting the opposition National Party.<ref name="x827">{{cite web |date=14 June 2007 |title=Blow for Labour as Copeland switches support to National |url=https://www.nzherald.co.nz/nz/blow-for-labour-as-copeland-switches-support-to-national/26IQSTBNUJLJX2YG7OB4GOY7O4/ |access-date=9 May 2024 |website=[[The New Zealand Herald]] }}</ref> [[Te Tai Tokerau]] MP [[Hone Harawira]] resigned from the Māori Party and Parliament in 2011, forcing and winning a by-election under the new [[Mana Movement]].<ref name="t943">{{cite web |date=2 May 2011 |title=Harawira to force by-election after launching new party |url=https://www.odt.co.nz/news/politics/harawira-force-election-after-launching-new-party |access-date=9 May 2024 |website=[[Otago Daily Times Online News]] }}</ref> There were also three expulsions: [[Taito Phillip Field]] (2007)<ref name="c113">{{cite web |date=23 February 2007 |title=John Armstrong: Defiant Field back in fray and ready to test Labour |url=https://www.nzherald.co.nz/nz/ijohn-armstrongi-defiant-field-back-in-fray-and-ready-to-test-labour/S6IB7HG6XHI2CPHV65LSB4L7AA/ |access-date=9 May 2024 |website=[[The New Zealand Herald]] }}</ref> and [[Chris Carter (New Zealand politician)|Chris Carter]] (2010)<ref name="u841">{{cite web |date=11 October 2010 |title=Chris Carter ousted from Labour Party |url=https://www.nzherald.co.nz/nz/chris-carter-ousted-from-labour-party/XVWJXLJ76MJM3RRHNEFCDGJSFE/ |access-date=9 May 2024 |website=[[The New Zealand Herald]] }}</ref> were expelled from Labour and [[Brendan Horan]] (2012)<ref name="q197">{{cite web |last1=Trevett |first1=Claire |last2=Young |first2=Audrey |date=4 December 2012 |title=NZ First kicks out Horan |url=https://www.nzherald.co.nz/nz/brendan-horan-expelled-from-nz-first-parliament-told/I6BYCR6PLIWPYNEXORBHQ4E5GA/ |access-date=9 May 2024 |website=[[The New Zealand Herald]] }}</ref> from New Zealand First. All of the expelled MPs remained in Parliament until the end, or near-end in Carter's case, of their terms in Parliament; Field and Horan unsuccessfully sought re-election. |
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The Bill was then submitted before a Committee of the whole House on 26 September 2018.<ref name="NZ Parliament" /> |
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Public opinion appeared to be in favour of reintroducing electoral integrity laws, at least for list MPs. A 2013 public opinion poll found, that 76% of New Zealanders opposed list MPs staying in Parliament if they leave their party.<ref>{{Cite web |last=Rutherford |first=Hamish |date=30 May 2013 |title=Majority oppose 'waka jumping' |url=https://www.stuff.co.nz/national/8740506/Majority-oppose-waka-jumping |access-date=4 June 2024 |website=www.stuff.co.nz}}</ref> |
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===Third reading=== |
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The Bill passed its third and final reading on 27 September 2018 by a margin of 63 to 57. Labour, New Zealand First and the Greens supported the Bill while the National and ACT parties opposed it.<ref>{{cite web |title=Electoral (Integrity) Amendment Bill — Third Reading |url=https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20180927_20180927_24 |publisher=[[New Zealand Parliament]] |access-date=15 June 2021 |date=27 September 2018 |url-status=live}}</ref> The Bill was passed as part of a coalition agreement between Labour, New Zealand First and the Greens. Though the Greens opposed the Bill, they reluctantly supported it due to the terms of their confidence and supply agreement with Labour. New Zealand First' leader [[Winston Peters]] had secured the bill during coalition negotiations with Labour following the [[2017 New Zealand general election]].<ref name="Stuff Waka jumping bill" /> |
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== Electoral (Integrity) Amendment 2018 == |
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The Bill's sponsor Andrew Little welcomed the passage of the bill, arguing that only voters should determined the parties represented in Parliament. National MP Nick Smith vowed to repeal the law if National was elected into government and attacked New Zealand First leader Winston Peters as "master-puppeteer making fools of us and a joke of this Parliament". Peters countered that MPs disagreeing with their caucus should resign and "put it on the line in a by-election." Meanwhile, Green Party leader [[James Shaw (New Zealand politician)|James Shaw]] described the Bill as the "most difficult decision" that the party had taken over the past year but accepted it as part of their confidence and supply agreement with Labour.<ref>{{cite news |last=McCulloch |first=Craig |url= https://www.rnz.co.nz/news/political/367427/waka-jumping-bill-passes-into-law-after-heated-debate |work=[[Radio New Zealand]] |title=Waka-jumping bill passes into law after heated debate |date=2018-09-27 |access-date=2020-07-24 |archive-url=http://web.archive.org/web/20201125084722/https://www.rnz.co.nz/news/political/367427/waka-jumping-bill-passes-into-law-after-heated-debate|archive-date=2020-11-25|url-status=live}}</ref> |
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{{infobox legislation |
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| short_title = Electoral (Integrity) Amendment Act 2018 |
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| legislature = [[New Zealand Parliament]] |
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| image = Coat of arms of New Zealand.svg |
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| imagesize = 180px |
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| long_title = |
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| introduced_by = [[Andrew Little (New Zealand politician)|Andrew Little]]<ref name="Act2018" /> |
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| 1st_reading = 30 January 2018<ref name="Act2018" /> |
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| 2nd_reading = 2 August 2018<ref name="Act2018" /> |
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| 3rd_reading = 27 September 2018<ref name="Act2018" /> |
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| administered_by = |
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| datepassed = |
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| royal_assent = 3 October 2018<ref name="Act2018">{{cite web |title=Electoral (Integrity) Amendment Bill |url=https://www.parliament.nz/en/pb/bills-and-laws/bills-proposed-laws/document/BILL_75706/electoral-integrity-amendment-bill |publisher=[[New Zealand Parliament]] |access-date=12 June 2021 |archive-url=https://web.archive.org/web/20200802201805/https://www.parliament.nz/en/pb/bills-and-laws/bills-proposed-laws/document/BILL_75706/electoral-integrity-amendment-bill |archive-date=2 August 2020 |url-status=live}}</ref> |
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| date_commenced = |
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| amendments = |
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| related = |
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| repeals = |
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| status = Current |
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}} |
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=== Background === |
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The [[Sixth Labour Government of New Zealand|Labour–New Zealand First coalition government]] agreed "to introduce and pass a 'waka-jumping' bill" as one of New Zealand First's priorities.<ref name="w862">{{cite web |date=2017 |title=Coalition agreement: New Zealand Labour Party & New Zealand First |url=https://www.parliament.nz/media/4486/362429780labourandnewzealandfirstcoalitionagreement.pdf |access-date=14 May 2024 |website=New Zealand Parliament}}</ref> [[Minister of Justice (New Zealand)|Justice minister]] [[Andrew Little (New Zealand politician)|Andrew Little]] was responsible for the new legislation and brought papers to Cabinet in 2017 seeking agreement on the policy for the bill and, soon after, for its introduction.<ref>{{Cite report |url=https://www.justice.govt.nz/assets/electoral-integrity-amendment-bill-20171116-cabinet-paper.pdf |title=Electoral (Integrity) Amendment Bill |date=November 2017 |access-date=14 May 2024 |archive-url=https://web.archive.org/web/20240514180936/https://www.justice.govt.nz/assets/electoral-integrity-amendment-bill-20171116-cabinet-paper.pdf |archive-date=14 May 2024}}</ref><ref name=":3">{{Cite report |url=https://www.justice.govt.nz/assets/electoral-integrity-amendment-bill-20171207-cabinet-paper.pdf |title=Electoral (Integrity) Amendment Bill: Approval for Introduction |date=December 2017 |access-date=14 May 2024 |archive-url=https://web.archive.org/web/20240514181418/https://www.justice.govt.nz/assets/electoral-integrity-amendment-bill-20171207-cabinet-paper.pdf |archive-date=14 May 2024}}</ref> The bill proposed was functionally the same as the 2001 Act, but like the 2005 bill did not include a sunset clause. Little noted that the lack of an expiry date for the law would make it "an enduring feature of New Zealand's electoral law" and also said this is one reason the bill was likely to be contentious.<ref name=":3" /> [[Attorney-General (New Zealand)|Attorney-general]] [[David Parker (New Zealand politician)|David Parker]]'s legal opinion on the new bill's Bill of Rights consistency concluded "that while [the bill] clearly limits the rights guaranteed by [sections] 14 (freedom of expression) and 17 (freedom of association) [of the [[New Zealand Bill of Rights Act 1990]]] those limitations are justified in a free and democratic society."<ref>{{Cite report |url=https://waitangitribunal.govt.nz/assets/bora-electoral-integrity-amendment-bill-ocr.pdf |title=Electoral (Integrity) Amendment Bill |last=Parker |first=David |date=7 December 2017 |access-date=14 May 2024 |archive-url=https://web.archive.org/web/20240514183226/https://waitangitribunal.govt.nz/assets/bora-electoral-integrity-amendment-bill-ocr.pdf |archive-date=14 May 2024}}</ref> |
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The [[Green Party of Aotearoa New Zealand|Green Party]], which was a [[Confidence and supply|confidence-and-supply]] partner to the government but did not have any ministers in the Cabinet, had opposed all of the electoral integrity bills in previous parliaments but was bound by its own agreement to the Labour Party to "act in good faith to allow [the Labour–New Zealand First coalition agreement] to be complied with."<ref name="a008">{{cite web |title=Confidence and Supply Agreement: New Zealand Labour Party & Green Party of Aotearoa New Zealand |url=https://www.parliament.nz/media/4487/nzlp___gp_c_s_agreement.pdf |access-date=14 May 2024}}</ref><ref name="k276">{{cite web |last=Murphy |first=Tim |date=30 January 2018 |title=The "Brendan Horan (Never Again) Bill" |url=https://newsroom.co.nz/2018/01/30/the-brendan-horan-never-again-bill/ |access-date=14 May 2024 |website=Newsroom}}</ref> A party spokesperson said the team negotiating the agreement with Labour "forgot" to register the Greens' opposition to waka-jumping legislation because New Zealand First had not explicitly campaigned on it at the election.<ref name="x676">{{cite web |title=Greens did not think to ask about waka jumping during negotiations, so now must support it |url=https://www.stuff.co.nz/national/politics/101502558/greens-did-not-think-to-ask-about-waka-jumping-during-negotiations-so-now-must-support-it |access-date=15 May 2024 |website=[[Stuff (website)|Stuff]] }}</ref> With [[New Zealand National Party|National]] and [[ACT New Zealand|ACT]], the only other parties in parliament, opposed to the bill, the government relied on Green votes for the legislation to proceed.<ref name="k276" /> Their support came reluctantly. Senior Green MP [[Eugenie Sage]] would later say: "The stability of the Government is really important and in a coalition there are negotiations ... This is important to one coalition partner. This is a dead rat that we have to swallow."<ref name="y589">{{cite web |last=Bennett |first=Lucy |date=26 July 2018 |title=Greens 'swallow a dead rat' over waka-jumping bill |url=https://www.nzherald.co.nz/nz/green-party-to-vote-for-electoral-integrity-amendment-bill/GMDU7NBVZZ2U3F7CNM4QFB2KT4/ |access-date=14 May 2024 |website=[[The New Zealand Herald]] }}</ref> The bill was officially introduced into Parliament on 12 December 2017.<ref name="d331">{{cite web |date=7 November 2017 |title=Electoral (Integrity) Amendment Bill |url=https://bills.parliament.nz/v/6/916ca798-6790-4c60-8d38-f9e4044abcd0?Tab=history |access-date=14 May 2024 |website=New Zealand Parliament}}</ref> |
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===Legislative history=== |
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[[File:Hon Andrew Little.jpg|200px|thumb|The Bill's sponsor Andrew Little]] |
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On 30 January 2018, Little moved the first reading of the Electoral (Integrity) Amendment Bill. That day was, coincidentally, the date of a special debate acknowledging the death of the former deputy prime minister and electoral integrity champion [[Jim Anderton]], whose past contribution to the issue was noted by the current deputy prime minister and New Zealand First leader [[Winston Peters]].<ref name="r562">{{cite web |title=Tuesday, 30 January 2018 |url=https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansD_20180130_20180130 |access-date=14 May 2024 |website=New Zealand Parliament}}</ref> |
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During the first reading, several [[New Zealand National Party|National Party]] MPs including [[Amy Adams (politician)|Amy Adams]], [[Judith Collins]], and [[Nick Smith (New Zealand politician)|Nick Smith]] opposed the bill, claiming that it would favor party apparatchiks over MPs' electorates and stifle democracy. The bill was defended by several government MPs including Labour MP [[Clare Curran]], [[New Zealand First]] MP [[Darroch Ball]] and [[Green Party of Aotearoa New Zealand|Green]] MP [[Golriz Ghahraman]], who argued that it would preserve democracy by preventing party switching and upholding the proportionality of Parliament determined by electors.<ref name=":4" /> Ghahraman claimed the Greens had won policy concessions (a notice period for MPs subject to the section of the Act that enabled their expulsion from a political party) that enabled them to support the bill, but the party faced criticism for its change of heart.<ref name="k276" /> The Bill passed its first reading along party lines with 63 in favour (Labour, New Zealand First, and the Greens) and 57 opposed (National and ACT). The bill was then referred to the justice select committee.<ref name=":4">{{cite web |title=Electoral Integrity Amendment Bill — First Reading |url=https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20180130_20180130_20 |publisher=[[New Zealand Parliament]] |access-date=14 June 2021|archive-url=https://web.archive.org/web/20210614232550/https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20180130_20180130_20|archive-date=14 June 2021|date=30 January 2018|url-status=live}}</ref>[[File:Jeanette Fitzsimons.jpg|150px|thumb|Former Green co-leader Jeanette Fitzsimons opposed the Electoral (Integrity) Amendment Act 2018]] |
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The justice committee received 55 submissions by early July 2018. Nine submitters supported the bill's intentions but thought it should be limited to list MPs. Another submitter supported the Bill but recommended amendments. Six submitters—the [[Clerk of the New Zealand House of Representatives|Clerk of the House]] David Wilson, Benjamin Molineux, the Legislation Design and Advisory Committee, Professor Jack Vowles, Alec van Helsdingen, and Philip Evans—suggested amendments to the legislation.<ref name="Departmental Report">{{cite web |title=Electoral (Integrity) Amendment Bill – Departmental Report |url=https://www.parliament.nz/resource/en-NZ/52SCJU_ADV_75706_56349/ff3cd400d771f8512bb2a463c2af3370b45e7132 |publisher=[[New Zealand Parliament]] |access-date=15 June 2021 |archive-url=https://web.archive.org/web/20210615080914/https://www.parliament.nz/resource/en-NZ/52SCJU_ADV_75706_56349/ff3cd400d771f8512bb2a463c2af3370b45e7132 |archive-date=15 June 2021 |date=2 July 2018 |url-status=live}}</ref> |
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The remaining 40 submitters—including former National MP [[Lockwood Smith]], blogger [[David Farrar (blogger)|David Farrar]], former Green MP [[Keith Locke]], Annette Hamblett, activist [[Maire Leadbeater]], and the National Party—opposed the Bill on the grounds that it constricted the freedom of MPs to dissent from their parties and the executive. The [[Human Rights Commission (New Zealand)|New Zealand Human Rights Commission]] and the [[New Zealand Law Society]] expressed concerns that the Bill clashed with the [[New Zealand Bill of Rights Act 1990]]'s provisions on free speech and association.<ref name="Departmental Report" /> Former Green co-leader [[Jeanette Fitzsimons]] expressed opposition to the Bill, stating that it "offends the freedom of conscience, freedom of speech, and freedom of association. Integrity cannot be legislated for. It is a matter of conscience and judgment."<ref name="Stuff Waka jumping bill" /> Nineteen professors of constitutional and electoral law, including [[Elizabeth McLeay]] and [[Claudia Geiringer]], collectively submitted that the bill is legislation in search of a problem.<ref name="c876">{{cite web |last=Young |first=Audrey |date=30 April 2018 |title=Controversial waka-jumping bill slammed |url=https://www.nzherald.co.nz/nz/controversial-waka-jumping-bill-an-intrusion-on-mps-freedom-of-expression-say-academics/LQCSZ4OOMUCLNBVUEOEQN4ZNKQ/?c_id=1&objectid=12042410 |access-date=15 May 2024 |website=[[The New Zealand Herald]] }}</ref> |
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Ultimately the committee was evenly divided between government and non-government members and could not agree on any amendments to the bill, returning it to the House unchanged for its second reading. The bill passed its second reading on 2 August 2018 by the same margin of 63–57 as the first reading.<ref>{{cite web |title=Electoral (Integrity) Amendment Bill — Second Reading |url=https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20180802_20180802_20 |publisher=[[New Zealand Parliament]] |access-date=15 June 2021 |archive-url=https://web.archive.org/web/20210610113119/https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20180802_20180802_20 |archive-date=10 June 2021 |date=2 August 2018 |url-status=live}}</ref> It was then submitted before a Committee of the whole House on 26 September 2018.<ref name="Act2018" /> National MPs put forward at least 34 amendments to the bill as part of a [[filibuster]]; all were either defeated or ruled out. The bill passed its third and final reading on 27 September 2018 in another 63–57 vote.<ref>{{cite web |date=27 September 2018 |title=Electoral (Integrity) Amendment Bill — Third Reading |url=https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20180927_20180927_24 |url-status=live |archive-url=https://web.archive.org/web/20210615083100/https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20180927_20180927_24 |archive-date=15 June 2021 |access-date=15 June 2021 |publisher=[[New Zealand Parliament]]}}</ref><ref name="Stuff Waka jumping bill" /> |
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Little, the bill's sponsor, welcomed the passage of the bill, arguing that only voters should determine the parties represented in Parliament. National's [[Nick Smith (New Zealand politician)|Nick Smith]] vowed to repeal the law if National was elected into government and attacked New Zealand First leader Winston Peters as "master-puppeteer making fools of us and a joke of this Parliament". Peters countered that MPs disagreeing with their caucus should resign and "put it on the line in a by-election." Meanwhile, Green Party leader [[James Shaw (New Zealand politician)|James Shaw]] described the Bill as the "most difficult decision" that the party had taken over the past year but accepted it as part of their confidence-and-supply agreement with Labour.<ref name="RNZ waka jumping bill passes" /> |
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===Repeal attempt=== |
===Repeal attempt=== |
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National MP [[David Carter (politician)|David Carter]] submitted a [[Private member's bill|member's bill]] called the Electoral (Integrity Repeal) Amendment Bill into Parliament, seeking to repeal the Electoral (Integrity) Amendment Act 2018.<ref>{{Cite news |date=2020-07-02|title=Members' bills: Defying sad odds|url= https://www.rnz.co.nz/national/programmes/the-house/audio/2018753270/members-bills-defying-sad-odds |access-date=2020-08-02|work=[[Radio New Zealand]]|language=en-nz|archive-url=https://web.archive.org/web/20201022152135/https://www.rnz.co.nz/national/programmes/the-house/audio/2018753270/members-bills-defying-sad-odds|archive-date=2020-10-22|url-status=live}}</ref> The Bill was selected for introduction in July 2020 and passed its first reading by 64 to 55 votes; with National, the Greens, ACT, and independent MP [[Jami-Lee Ross]] voting in favor and Labour and New Zealand First voting against.<ref>{{cite web |title=Electoral (Integrity Repeal) Amendment Bill — First Reading |url=https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20200729_20200729_28 |publisher=[[New Zealand Parliament]] |access-date=14 June 2021 |archive-url=https://web.archive.org/web/20200813082531/https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20200729_20200729_28 |archive-date=13 August 2020 |date=29 July 2020 |url-status=live}}</ref> The Green Party's decision to defy other government parties and support the repeal bill infuriated deputy prime minister [[Winston Peters]], who denounced the Greens as "untrustworthy" coalition partners. Green electoral spokesperson [[Chlöe Swarbrick]] defended her party's decision, stating that since the Greens had voted in favour of the bill the first time, they were free to revert to their long-standing position of opposing "waka jumping" laws.<ref>{{Cite news |date=2020-07-29|title=Dead rat spat back up: Green Party vote to repeal waka jumping law with National, infuriating Winston Peters|url= https://www.stuff.co.nz/national/politics/300069404/dead-rat-spat-back-up-green-party-vote-to-repeal-waka-jumping-law-with-national-infuriating-winston-peters |access-date=2020-08-02|work=[[Stuff (website)|Stuff]]|language=en|archive-url=https://web.archive.org/web/20210420073358/https://www.stuff.co.nz/national/politics/300069404/dead-rat-spat-back-up-green-party-vote-to-repeal-waka-jumping-law-with-national-infuriating-winston-peters|archive-date=2021-04-20}}</ref> |
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The bill was sent to the justice committee, which reported back after the [[2020 New Zealand general election]] which eliminated New Zealand First from Parliament and enabled Labour to govern alone. The committee received 19 submissions on the bill, ten in support and three opposed. Labour members on the committee outnumbered other parties and recommended it did not proceed to any further stages.<ref name="q895">{{cite report |url=https://selectcommittees.parliament.nz/view/SelectCommitteeReport/01b8f017-f0b6-4d4b-9c76-a3a581009ac7 |title=Electoral (Integrity Repeal) Amendment Bill |last=Justice Committee |date=April 2021 |access-date=14 May 2024}}</ref> The bill, now sponsored by [[Nick Smith (New Zealand politician)|Nick Smith]], was voted down at its second reading 65 (Labour) to 55 (National, Green, ACT, and [[Te Pāti Māori]]). That debate was held over two days on 12 May and 9 June 2021.<ref>{{cite web |date=12 May 2021 |title=Electoral (Integrity Repeal) Amendment Bill — Second Reading |url=https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20210512_20210512_28 |url-status=live |archive-url=https://web.archive.org/web/20210614234552/https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20210512_20210512_28 |archive-date=14 June 2021 |access-date=14 June 2021 |publisher=[[New Zealand Parliament]]}}</ref><ref>{{cite web |date=9 June 2021 |title=Electoral (Integrity Repeal) Amendment Bill — Second Reading |url=https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20210609_20210609_40 |url-status=live |archive-url=https://web.archive.org/web/20210614234942/https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20210609_20210609_40 |archive-date=14 June 2021 |access-date=14 June 2021 |publisher=[[New Zealand Parliament]]}}</ref> |
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=== Implementation === |
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The Electoral (Integrity) Amendment Act 2018 came into force on 4 October 2018, the day after the day it received the Royal assent.<ref name="Act2018" /> |
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Between 2018 and 2023, four members left their former political parties and sat as independents without the Act's provisions being applied. [[Jami-Lee Ross]] quit National in 2018 to sit as an independent. On principle, because of his party's recent opposition to the bill, National leader [[Simon Bridges]] declined to write to the Speaker to initiate Ross's expulsion.<ref name="b623">{{cite web |last=Boyle |first=Chelsea |last2=Cheng |first2=Derek |date=21 October 2018 |title=National unlikely to use waka-jumping law on Jami-Lee Ross |url=https://www.nzherald.co.nz/nz/national-unlikely-to-use-waka-jumping-law-on-jami-lee-ross/QOYZMK3N5RB67Y7C7CQI46WHBU/ |access-date=14 May 2024 |website=[[The New Zealand Herald]] }}</ref> National declined to exercise a proxy vote on behalf of Ross; New Zealand First accepted this instead and cast it in line with the votes of the National Party "to maintain 'the democratic right of expression'" and to ensure that Ross was not acting "in a way that has distorted, and is likely to continue to distort, the proportionality of political party representation in Parliament as determined at the last general election," as required by the Act.<ref name="m433">{{cite web |last=Walters |first=Laura |last2=Sachdeva |first2=Sam |date=7 November 2018 |title=NZ First to cast Jami-Lee Ross' proxy vote |url=https://newsroom.co.nz/2018/11/07/new-zealand-first-accepts-jami-lee-ross-proxy-vote/ |access-date=14 May 2024 |website=Newsroom}}</ref> A public opinion poll found that 44% of New Zealanders supported Ross being removed from Parliament, 24% were opposed and 31% did not know.<ref>{{Cite web |title=1 NEWS Colmar Brunton poll: Should Simon Bridges boot Jami-Lee Ross from Parliament using waka jumping law? |url=https://www.1news.co.nz/2018/12/03/1-news-colmar-brunton-poll-should-simon-bridges-boot-jami-lee-ross-from-parliament-using-waka-jumping-law/ |access-date=2024-06-04 |website=[[1News]] |language=en}}</ref> |
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[[Gaurav Sharma (politician)|Guarav Sharma]] was expelled from Labour for misconduct in August 2022. He sat as an independent for two months and resigned from Parliament that October, saying he feared that Labour would invoke the Electoral (Integrity) Amendment Act against him.<ref name="r750">{{cite web |title=Gaurav Sharma has left Parliament, but did he really need to? |url=https://www.stuff.co.nz/national/politics/130222437/gaurav-sharma-has-left-parliament-but-did-he-really-need-to |access-date=15 May 2024 |website=[[Stuff (website)|Stuff]] }}</ref><ref name="t367">{{cite web |last=Rawhiti-Connell |first=Anna |date=19 October 2022 |title=An unnecessary and costly byelection |url=https://thespinoff.co.nz/the-bulletin/19-10-2022/an-unnecessary-and-costly-byelection |access-date=15 May 2024 |website=[[The Spinoff]] }}</ref> Labour leader [[Jacinda Ardern]] and president [[Claire Szabó]] said they had no intention of using the Act.<ref name="a295">{{cite web |last=Pearse |first=Adam |date=18 October 2022 |title=Labour confirms it recommended Gaurav Sharma be expelled for misconduct |url=https://www.nzherald.co.nz/nz/labour-party-confirms-it-recommended-gaurav-sharma-be-expelled-for-misconduct/M3FG6HNQPPYJYUTO4DDHVHV4UE/ |access-date=15 May 2024 |website=[[The New Zealand Herald]] }}</ref> Former politician [[Peter Dunne]], who had jumped from the Labour waka in the 1990s, commented that "so long as Sharma votes with the Labour Party, or at least does not vote against it, it will therefore be difficult for Labour to invoke the provisions of the waka-jumping legislation."<ref name="k864">{{cite web |last=Dunne |first=Peter |date=24 August 2022 |title=Labour chooses to tolerate Sharma rather than risk an unwelcome by-election |url=https://newsroom.co.nz/2022/08/24/labour-chooses-to-tolerate-sharma-rather-than-risk-an-unwelcome-by-election/ |access-date=15 May 2024 |website=Newsroom}}</ref> National won the [[2022 Hamilton West by-election|ensuing by-election]]; Sharma finished fourth.<ref>{{cite news |date=11 December 2022 |title=Opposition tout political change for 2023 elections after Hamilton West seat win |url=https://www.rnz.co.nz/news/political/480500/opposition-tout-political-change-for-2023-elections-after-hamilton-west-seat-win |access-date=1 January 2023 |publisher=[[Radio New Zealand]] }}</ref> |
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In May 2023, [[Meka Whaitiri]] (Labour) and [[Elizabeth Kerekere]] (Green) quit their parties.<ref name="o306">{{cite web |last=Milne |first=Jonathan |date=2 May 2023 |title=Meka Whaitiri jumps to Te Pāti Māori – its first big-name election candidate |url=https://newsroom.co.nz/2023/05/02/minister-meka-whaitiri-quits-govt-to-become-te-pati-maoris-first-big-name-election-candidate/ |access-date=14 May 2024 |website=Newsroom}}</ref><ref name="i013">{{cite web |last=Coughlan |first=Thomas |date=5 May 2023 |title=Green MP Elizabeth Kerekere resigns from party |url=https://www.nzherald.co.nz/nz/politics/elizabeth-kerekere-breaks-silence/5PZ2JDCA5ZB4RK7ACICLU3EHKI/ |access-date=14 May 2024 |website=[[The New Zealand Herald]] }}</ref> Like National, the Green Party also declined to invoke the Electoral (Integrity) Amendment Act 2018.<ref name="j843">{{cite web |date=5 May 2023 |title=Green MP walks out amid toxic row |url=https://newsroom.co.nz/2023/05/05/green-mp-walks-out-amid-toxic-row/ |access-date=14 May 2024 |website=Newsroom}}</ref> In the case of Whaitiri, who announced she would join [[Te Pāti Māori]] for the [[2023 New Zealand general election|upcoming election]], Parliament's [[Speaker of the New Zealand House of Representatives|Speaker]] [[Adrian Rurawhe]] said that the "very specific events" required to trigger the law had not occurred but he recognised Whaitiri as an independent for parliamentary purposes. He declined to release correspondence between himself and Whaitiri on the matter.<ref name="l055">{{cite web |date=4 May 2023 |title=Why has the waka-jumping legislation not been invoked for Meka Whaitiri? |url=https://www.rnz.co.nz/news/political/489284/why-has-the-waka-jumping-legislation-not-been-invoked-for-meka-whaitiri |access-date=14 May 2024 |website=[[RNZ]] }}</ref><ref name="g111">{{cite web |last=Palmer |first=Russell |date=4 May 2023 |title=Up to Meka Whaitiri to release email, Speaker Adrian Rurawhe says |url=https://www.rnz.co.nz/news/political/489263/up-to-meka-whaitiri-to-release-email-speaker-adrian-rurawhe-says |access-date=14 May 2024 |website=[[RNZ]] }}</ref> Law professor Andrew Geddis described this apparent loophole as likely Whaitiri advising she had removed her proxy vote from Labour and requested to sit apart from them, rather than officially changing parties.<ref name="l055" /> |
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The first expulsion under the 2018 Act occurred on 22 October 2024. Following a request by the Green Party, House Speaker [[Gerry Brownlee]] expelled independent MP [[Darleen Tana]] from parliament.<ref>{{cite news |title=As Darleen Tana booted from Parliament, Greens seek to move on |url=https://www.stuff.co.nz/politics/360459754/darleen-tana-booted-parliament-greens-seek-move |access-date=22 October 2024 |work=[[Stuff (website)|Stuff]] |date=22 October 2024}}</ref> Tana had previously been a member of the Green Party until her resignation on 8 July 2024, which followed an internal party investigation into misconduct in her business practices. Despite the Green Party's previous opposition to the legislation's expulsion provisions, the party convened a special general meeting of 185 party delegates to consider Tana's expulsion, which reached a consensus to proceed with invoking the legislation.<ref>{{citation|title=Waka-jumping law: Green Party meets to decide former Green MP Darleen Tana’s fate|language=en|work=[[The New Zealand Herald]] |first1=Thomas|last1=Coughlan|date=2024-10-17|access-date=2024-10-17|url=https://www.nzherald.co.nz/nz/politics/waka-jumping-law-green-party-meets-to-decide-former-green-mp-darleen-tanas-fate/H5FGWH72AFH5FDK4IDUAYOBPQA/}}</ref> |
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Following the [[2020 New Zealand general election]], there was a second reading of the Electoral (Integrity Repeal) Amendment Bill was held on 12 May 2021. Since David Carter had retired at the 2020 election,<ref>{{cite web |author1=[[New Zealand National Party]] |title=Waka-jumping Repeal Bill Passes First Reading |url=https://www.scoop.co.nz/stories/PA2007/S00305/waka-jumping-repeal-bill-passes-first-reading.htm |publisher=[[Scoop (website)|Scoop]] |access-date=14 June 2021 |archive-url=https://web.archive.org/web/20210331030031/https://www.scoop.co.nz/stories/PA2007/S00305/waka-jumping-repeal-bill-passes-first-reading.htm |archive-date=31 March 2021 |date=30 July 2020 |url-status=live}}</ref> National MP Nick Smith sponsored the bill during its second reading.<ref>{{cite web |title=Electoral (Integrity Repeal) Amendment Bill — Second Reading |url=https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20210512_20210512_28 |publisher=[[New Zealand Parliament]] |access-date=14 June 2021 |date=12 May 2021 |url-status=live}}</ref> The second reading was deferred until 9 June 2021. The repeal bill was defeated by 65 (Labour) to 55 (National, Greens, ACT, and the [[Māori Party]]).<ref>{{cite web |title=Electoral (Integrity Repeal) Amendment Bill — Second Reading |url=https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20210609_20210609_40 |publisher=[[New Zealand Parliament]] |access-date=14 June 2021 |date=9 June 2021 |archive-url=https://web.archive.org/web/20210614234942/https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20210609_20210609_40|archive-date=14 June 2021 |url-status=live}}</ref> |
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==Notes and references== |
==Notes and references== |
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==External links== |
==External links== |
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=== 2001 Act === |
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* {{Cite web |title=Electoral (Integrity) Amendment Act 2001 |url=http://www.nzlii.org/nz/legis/hist_act/eaa20012001n105328.pdf |url-status=dead |archive-url=https://web.archive.org/web/20230725063950/http://www.nzlii.org/nz/legis/hist_act/eaa20012001n105328.pdf |archive-date=25 July 2023 |access-date=15 May 2024 |via=NZLII }} |
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=== 2018 Act === |
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*{{cite web |title=Electoral (Integrity) Amendment Bill |url=https://www.parliament.nz/en/pb/bills-and-laws/bills-proposed-laws/document/BILL_75706/electoral-integrity-amendment-bill |publisher=[[New Zealand Parliament]] |access-date=12 June 2021 |archive-url=https://web.archive.org/web/20200802201805/https://www.parliament.nz/en/pb/bills-and-laws/bills-proposed-laws/document/BILL_75706/electoral-integrity-amendment-bill |archive-date=2 August 2020 |url-status=live}} |
*{{cite web |title=Electoral (Integrity) Amendment Bill |url=https://www.parliament.nz/en/pb/bills-and-laws/bills-proposed-laws/document/BILL_75706/electoral-integrity-amendment-bill |publisher=[[New Zealand Parliament]] |access-date=12 June 2021 |archive-url=https://web.archive.org/web/20200802201805/https://www.parliament.nz/en/pb/bills-and-laws/bills-proposed-laws/document/BILL_75706/electoral-integrity-amendment-bill |archive-date=2 August 2020 |url-status=live}} |
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*{{cite web |title=Electoral (Integrity) Amendment Act 2018 |url=https://www.legislation.govt.nz/act/public/2018/0039/latest/DLM7514004.html |website=Legislation New Zealand |publisher=[[Parliamentary Counsel Office (New Zealand)|Parliamentary Counsel Office]] |access-date=13 June 2021 |archive-url= |
*{{cite web |title=Electoral (Integrity) Amendment Act 2018 |url=https://www.legislation.govt.nz/act/public/2018/0039/latest/DLM7514004.html |website=Legislation New Zealand |publisher=[[Parliamentary Counsel Office (New Zealand)|Parliamentary Counsel Office]] |access-date=13 June 2021 |archive-url=https://web.archive.org/web/20210302120124/https://www.legislation.govt.nz/act/public/2018/0039/latest/DLM7514004.html |archive-date=2 March 2021 |date=3 October 2018 |url-status=live}} |
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[[Category:Statutes of New Zealand]] |
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[[Category:2001 in New Zealand law]] |
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[[Category:2018 in New Zealand law]] |
[[Category:2018 in New Zealand law]] |
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[[Category:Party switching]] |
[[Category:Party switching]] |
Latest revision as of 07:04, 24 November 2024
The Electoral (Integrity) Amendment Acts are two Acts of Parliament by the New Zealand Parliament which force the expulsion of members of the New Zealand Parliament who have resigned from or been expelled from the political party for which they were elected. Two such Acts have been passed: the Electoral (Integrity) Amendment Act 2001 (see § 2001), which expired in 2005, and the Electoral (Integrity) Amendment Act 2018 (see § 2018), which remains in force.
The New Zealand Parliament is elected using mixed-member proportional voting and the Electoral Act 1993 provides for the election of list members on behalf of registered political parties. Particularly in the 1990s, repeated instances of party switching led to criticisms that the proportionality of parliament as determined at a general election had been disturbed. The Electoral (Integrity) Amendment Acts were therefore attempts by the legislature to control its members' affiliations and votes in a way that conformed to the most recent election outcome. The New Zealand political parlance of "waka-jumping" has given rise to the colloquial description of the Acts as the "waka-jumping laws."[1]
The Acts operate differently depending on whether the expelled member represents an electoral district or if they were elected on a party list. The expulsion of an electorate member triggers a by-election; expelled list members are simply replaced by the next available candidate from their former party's list. In either instance, the Speaker of the House must make a declaration expelling the member. To date, two such declarations have been made. Former ACT MP Donna Awatere Huata was expelled in 2004 under the 2001 Act, while former Green MP Darleen Tana was expelled in 2024 under the 2018 Act. Despite the Acts being in force, other members and parties have conducted political manoeuvres to enable them to change parties or to be political independents without being expelled.
Legislative features
[edit]The current law, the Electoral (Integrity) Amendment Act 2018, inserted six new clauses into the Electoral Act 1993. Section 55A states that the seat of a Member of Parliament (MP) becomes vacant when they cease to be a parliamentary member of the political party for which they were elected. This is considered to have occurred in either of the following scenarios:
- The MP delivers a written notice confirming that they have resigned their parliamentary membership of the party for which they were elected, or if they wish to stand in Parliament as an independent MP or a member of another political party. This rule does not apply to MPs elected as independent members.
- The defecting MP's parliamentary party leader delivers a notice confirming their resignation or expulsion to the Speaker of the New Zealand House of Representatives.[2][3][4] At least two-thirds of the party caucus must agree to the notice being given.
The provisions of the Electoral Act 1993 which concern vacancies apply. Electorate MPs are replaced through a by-election (section 129). List MPs are replaced by the first available member on their original party's list (section 134).
The two Electoral (Integrity) Amendment Acts feature some minor drafting differences. In addition, the 2001 Act included a sunset clause so that it would automatically expire at the 2005 general election. Such a clause was not included in the current version of the legislation.
Electoral (Integrity) Amendment Act 2001
[edit]Background
[edit]Electoral (Integrity) Amendment Act 2001 | |
---|---|
New Zealand Parliament | |
Royal assent | 21 December 2001[5] |
Legislative history | |
Introduced by | Margaret Wilson[5] |
Introduced | 22 December 1999 |
First reading | 18 December 2001[5] |
Second reading | 18 December 2001[5] |
Committee stage | 18 December 2001[5] |
Third reading | 18 December 2001[5] |
Status: Expired |
Since New Zealand adopted proportional representation ahead of its 1996 general election, party switching (or waka-jumping) had been criticised for disturbing the proportionality of parliament as determined at a general election. Previously, party dissidents had simply served as independents. However, in the 44th Parliament (from 1993 to 1996) and 45th Parliament (1996 to 1999), 22 MPs defected to other parties.[6] The Alliance, a party which had been formed by Jim Anderton's defection from Labour to NewLabour in 1989 and had been disadvantaged by the defection of Alamein Kopu in 1997, supported tighter controls on party switching. The Labour Party was also in favour. Deputy leader Michael Cullen introduced legislation to forcibly expel party switching members in October 1997, but a 5–5 split on the electoral law committee prevented the bill from progressing further.[7][8]
The two parties jointly campaigned at the 1999 election for tighter controls on party switching which were soon progressed by the new Labour–Alliance coalition government. In the 1999 Speech from the Throne, the Governor-General announced on behalf of the new government:
My government recognises that there is deep public concern with a number of aspects of the operations of our political system in recent years. In particular, my government believes that the public is not prepared to countenance any repetition of the level of defection by Members of Parliament from their parties which has occurred in the last two parliaments. Accordingly, legislation will be introduced to provide that, for this and the next parliament at least, such a practice will be outlawed. Members of Parliament will, therefore, be reminded of the obligations they have to the people of New Zealand when they seek and gain election under the banner of a political party. —Michael Hardie Boys, Speech from the Throne (1999)[9]
Legislative history
[edit]The described legislation—the Electoral (Integrity) Amendment Bill—was introduced by associate justice minister Margaret Wilson the next day, 22 December 1999, and sent to the justice and electoral committee in a 64–55 vote. One Labour member was absent. It was the first bill debated in the new parliament and her speech on the bill was Wilson's first given as a newly elected MP. Labour, Alliance, New Zealand First, and United members were in support, while National, ACT, and Green members were opposed.[10] Speaking against the bill, National MP Simon Upton acknowledged the bill's attempt to give greater weight to parliamentary proportionality over other considerations but stated: "that is, of course, not an absolute principle. The 5 percent threshold, for one, and the prospect of a by-election, for another, mean that proportionality is compromised... We have to weigh [proportionality] up against some other principles [such as] the importance of allowing political parties to evolve and allowing electoral systems to evolve [and] the freedom of speech and conscience."[10]: 78 Anderton, now deputy prime minister, addressed dissonance between his departure from Labour while remaining in parliament and his support for legislation that triggered compulsory expulsions, saying his was "a decision made in a totally different constitutional environment" to Kopu's.[10]: 81
The "teeth" of the bill and its ability to actually expel dissident MPs was debated. Political journalist John Armstrong noted that because, under the proposal at the time, members must write to the Speaker giving notice of their resignation from their parties that members like Kopu could avoid expulsion simply by refusing to do that.[11] Legal advice from the solicitor-general John McGrath said trying to strengthen the bill to secure non-voluntary resignations might cause it to no longer be consistent with the New Zealand Bill of Rights Act 1990.[11] The government worked with New Zealand First, which had also been subject to many defections in the previous parliament, to address these shortcomings and secure that party's ongoing support.[12][13] The outcome was that party leaders would be able to write to the Speaker with the support of two-thirds of the party's caucus, forcing the expulsion of a member.[13]
The bill began its second reading on 9 November 2000, before the deal with New Zealand First had been completed, when National whip Gerry Brownlee won the consent of Parliament to have it promoted up the order paper.[14]: 609–610 The second reading was completed under urgency on 20 December 2001 (officially recorded as 18 December in Hansard); the committee stage (wherein the amendment negotiated with New Zealand First was officially agreed) and third reading were held immediately afterwards.[15] Speaking in the debate, Green co-leader Rod Donald addressed New Zealand First leader Winston Peters' apparent change of heart by quoting one of Peters' old press releases: in 1996 he had said "Members of Parliament joining New Zealand First or any other political party without resigning and seeking a new mandate is consistent with constitutional precedent. MPs have to be free to follow their conscience. They were elected to represent their constituents, not swear an oath of blind allegiance to a political party."[16]
The final vote was 64–54. Two ACT members were absent and the sole United member Peter Dunne withdrew his earlier support.[15]: 999
Implementation
[edit]The Electoral (Integrity) Amendment Act 2001 came into force on 22 December 2001, the two-year anniversary of its introduction and the day after it received the Royal assent.[5] Despite the strengthening of the bill in the committee stage, almost immediately MPs found ways to work around its provisions. The Alliance fractured in 2002 over New Zealand's involvement in the War in Afghanistan and Anderton formed a new party, the Progressive Party.[17] To avoid triggering the legislation he had endorsed, Anderton nominally remained leader of the Alliance within parliament even while campaigning as the leader of the Progressives; he struck a deal with Laila Harré, who led Alliance members who did not follow him, wherein she would not "publicly lay claim" to the Alliance leadership. National leader Bill English called the arrangement deceitful; Anderton denied accusations of waka-jumping because he still supported the government.[18] Prime minister Helen Clark responded by calling an early election.[19]
In the subsequent term, Labour MP Tariana Turia resigned from her party and the parliament in 2004, forcing a by-election where she was re-elected as a candidate of the Māori Party.[20] ACT attempted to expel list MP Donna Awatere Huata in 2003; after a 10-month legal battle the Supreme Court declared in 2004 Awatere Huata had "distorted, and is likely to continue to distort, the proportionality of political party representation in Parliament as determined at the last general election" and permitted her expulsion to proceed.[21][22][23][24] It was reported that National threatened Maurice Williamson with the Act in 2002 and 2003, but it was conceded that this was unlikely in practice.[25][26]
Expiration and attempted reinstatement
[edit]The Act expired at the 2005 New Zealand general election as its sunset clause came into effect.[27] The reintroduction of the Act was part of the confidence and supply agreement formed between Labour and New Zealand First after that election.[28] A replacement Electoral (Integrity) Amendment Bill was moved on behalf of the deputy prime minister Michael Cullen on 6 December 2005; it was sent to the justice and electoral committee in a 61–60 vote. Labour, New Zealand First, United Future and the Progressives were in favour; National, the Green Party, the Māori Party and ACT were opposed.[29] The new bill was proposed without an expiry date.[30]
A legal opinion from solicitor-general Terence Arnold reviewed the bill's compliance with the New Zealand Bill of Rights Act 1990 (BORA). Arnold's view was that the bill made prima facie infringements on the rights of members of Parliament to freedom of expression and freedom of association. However, he stated that arguments made by the Supreme Court the previous year meant although "it can be argued that the Bill should protect 'legitimate dissent' by members in respect of their parties and, to the extent that it does not, it is BORA inconsistent, on the basis of Awatere Huata, the better view is that the Bill is consistent with, and does not breach, BORA."[31] After select committee consideration of the bill, United Future removed its support for the bill and the attempt to reinstate the Act failed.[32][33]
While no electoral integrity laws were in place, party switching resumed, but less frequently than the pre-1999 period. List MP Gordon Copeland, who had been party of the government-supporting United Future sat as an independent from 2007 and began supporting the opposition National Party.[34] Te Tai Tokerau MP Hone Harawira resigned from the Māori Party and Parliament in 2011, forcing and winning a by-election under the new Mana Movement.[35] There were also three expulsions: Taito Phillip Field (2007)[36] and Chris Carter (2010)[37] were expelled from Labour and Brendan Horan (2012)[38] from New Zealand First. All of the expelled MPs remained in Parliament until the end, or near-end in Carter's case, of their terms in Parliament; Field and Horan unsuccessfully sought re-election.
Public opinion appeared to be in favour of reintroducing electoral integrity laws, at least for list MPs. A 2013 public opinion poll found, that 76% of New Zealanders opposed list MPs staying in Parliament if they leave their party.[39]
Electoral (Integrity) Amendment 2018
[edit]Electoral (Integrity) Amendment Act 2018 | |
---|---|
New Zealand Parliament | |
Royal assent | 3 October 2018[40] |
Legislative history | |
Introduced by | Andrew Little[40] |
First reading | 30 January 2018[40] |
Second reading | 2 August 2018[40] |
Third reading | 27 September 2018[40] |
Status: Current legislation |
Background
[edit]The Labour–New Zealand First coalition government agreed "to introduce and pass a 'waka-jumping' bill" as one of New Zealand First's priorities.[41] Justice minister Andrew Little was responsible for the new legislation and brought papers to Cabinet in 2017 seeking agreement on the policy for the bill and, soon after, for its introduction.[42][43] The bill proposed was functionally the same as the 2001 Act, but like the 2005 bill did not include a sunset clause. Little noted that the lack of an expiry date for the law would make it "an enduring feature of New Zealand's electoral law" and also said this is one reason the bill was likely to be contentious.[43] Attorney-general David Parker's legal opinion on the new bill's Bill of Rights consistency concluded "that while [the bill] clearly limits the rights guaranteed by [sections] 14 (freedom of expression) and 17 (freedom of association) [of the New Zealand Bill of Rights Act 1990] those limitations are justified in a free and democratic society."[44]
The Green Party, which was a confidence-and-supply partner to the government but did not have any ministers in the Cabinet, had opposed all of the electoral integrity bills in previous parliaments but was bound by its own agreement to the Labour Party to "act in good faith to allow [the Labour–New Zealand First coalition agreement] to be complied with."[45][46] A party spokesperson said the team negotiating the agreement with Labour "forgot" to register the Greens' opposition to waka-jumping legislation because New Zealand First had not explicitly campaigned on it at the election.[47] With National and ACT, the only other parties in parliament, opposed to the bill, the government relied on Green votes for the legislation to proceed.[46] Their support came reluctantly. Senior Green MP Eugenie Sage would later say: "The stability of the Government is really important and in a coalition there are negotiations ... This is important to one coalition partner. This is a dead rat that we have to swallow."[48] The bill was officially introduced into Parliament on 12 December 2017.[49]
Legislative history
[edit]On 30 January 2018, Little moved the first reading of the Electoral (Integrity) Amendment Bill. That day was, coincidentally, the date of a special debate acknowledging the death of the former deputy prime minister and electoral integrity champion Jim Anderton, whose past contribution to the issue was noted by the current deputy prime minister and New Zealand First leader Winston Peters.[50]
During the first reading, several National Party MPs including Amy Adams, Judith Collins, and Nick Smith opposed the bill, claiming that it would favor party apparatchiks over MPs' electorates and stifle democracy. The bill was defended by several government MPs including Labour MP Clare Curran, New Zealand First MP Darroch Ball and Green MP Golriz Ghahraman, who argued that it would preserve democracy by preventing party switching and upholding the proportionality of Parliament determined by electors.[51] Ghahraman claimed the Greens had won policy concessions (a notice period for MPs subject to the section of the Act that enabled their expulsion from a political party) that enabled them to support the bill, but the party faced criticism for its change of heart.[46] The Bill passed its first reading along party lines with 63 in favour (Labour, New Zealand First, and the Greens) and 57 opposed (National and ACT). The bill was then referred to the justice select committee.[51]
The justice committee received 55 submissions by early July 2018. Nine submitters supported the bill's intentions but thought it should be limited to list MPs. Another submitter supported the Bill but recommended amendments. Six submitters—the Clerk of the House David Wilson, Benjamin Molineux, the Legislation Design and Advisory Committee, Professor Jack Vowles, Alec van Helsdingen, and Philip Evans—suggested amendments to the legislation.[52]
The remaining 40 submitters—including former National MP Lockwood Smith, blogger David Farrar, former Green MP Keith Locke, Annette Hamblett, activist Maire Leadbeater, and the National Party—opposed the Bill on the grounds that it constricted the freedom of MPs to dissent from their parties and the executive. The New Zealand Human Rights Commission and the New Zealand Law Society expressed concerns that the Bill clashed with the New Zealand Bill of Rights Act 1990's provisions on free speech and association.[52] Former Green co-leader Jeanette Fitzsimons expressed opposition to the Bill, stating that it "offends the freedom of conscience, freedom of speech, and freedom of association. Integrity cannot be legislated for. It is a matter of conscience and judgment."[3] Nineteen professors of constitutional and electoral law, including Elizabeth McLeay and Claudia Geiringer, collectively submitted that the bill is legislation in search of a problem.[53]
Ultimately the committee was evenly divided between government and non-government members and could not agree on any amendments to the bill, returning it to the House unchanged for its second reading. The bill passed its second reading on 2 August 2018 by the same margin of 63–57 as the first reading.[54] It was then submitted before a Committee of the whole House on 26 September 2018.[40] National MPs put forward at least 34 amendments to the bill as part of a filibuster; all were either defeated or ruled out. The bill passed its third and final reading on 27 September 2018 in another 63–57 vote.[55][3]
Little, the bill's sponsor, welcomed the passage of the bill, arguing that only voters should determine the parties represented in Parliament. National's Nick Smith vowed to repeal the law if National was elected into government and attacked New Zealand First leader Winston Peters as "master-puppeteer making fools of us and a joke of this Parliament". Peters countered that MPs disagreeing with their caucus should resign and "put it on the line in a by-election." Meanwhile, Green Party leader James Shaw described the Bill as the "most difficult decision" that the party had taken over the past year but accepted it as part of their confidence-and-supply agreement with Labour.[4]
Repeal attempt
[edit]National MP David Carter submitted a member's bill called the Electoral (Integrity Repeal) Amendment Bill into Parliament, seeking to repeal the Electoral (Integrity) Amendment Act 2018.[56] The Bill was selected for introduction in July 2020 and passed its first reading by 64 to 55 votes; with National, the Greens, ACT, and independent MP Jami-Lee Ross voting in favor and Labour and New Zealand First voting against.[57] The Green Party's decision to defy other government parties and support the repeal bill infuriated deputy prime minister Winston Peters, who denounced the Greens as "untrustworthy" coalition partners. Green electoral spokesperson Chlöe Swarbrick defended her party's decision, stating that since the Greens had voted in favour of the bill the first time, they were free to revert to their long-standing position of opposing "waka jumping" laws.[58]
The bill was sent to the justice committee, which reported back after the 2020 New Zealand general election which eliminated New Zealand First from Parliament and enabled Labour to govern alone. The committee received 19 submissions on the bill, ten in support and three opposed. Labour members on the committee outnumbered other parties and recommended it did not proceed to any further stages.[59] The bill, now sponsored by Nick Smith, was voted down at its second reading 65 (Labour) to 55 (National, Green, ACT, and Te Pāti Māori). That debate was held over two days on 12 May and 9 June 2021.[60][61]
Implementation
[edit]The Electoral (Integrity) Amendment Act 2018 came into force on 4 October 2018, the day after the day it received the Royal assent.[40]
Between 2018 and 2023, four members left their former political parties and sat as independents without the Act's provisions being applied. Jami-Lee Ross quit National in 2018 to sit as an independent. On principle, because of his party's recent opposition to the bill, National leader Simon Bridges declined to write to the Speaker to initiate Ross's expulsion.[62] National declined to exercise a proxy vote on behalf of Ross; New Zealand First accepted this instead and cast it in line with the votes of the National Party "to maintain 'the democratic right of expression'" and to ensure that Ross was not acting "in a way that has distorted, and is likely to continue to distort, the proportionality of political party representation in Parliament as determined at the last general election," as required by the Act.[63] A public opinion poll found that 44% of New Zealanders supported Ross being removed from Parliament, 24% were opposed and 31% did not know.[64]
Guarav Sharma was expelled from Labour for misconduct in August 2022. He sat as an independent for two months and resigned from Parliament that October, saying he feared that Labour would invoke the Electoral (Integrity) Amendment Act against him.[65][66] Labour leader Jacinda Ardern and president Claire Szabó said they had no intention of using the Act.[67] Former politician Peter Dunne, who had jumped from the Labour waka in the 1990s, commented that "so long as Sharma votes with the Labour Party, or at least does not vote against it, it will therefore be difficult for Labour to invoke the provisions of the waka-jumping legislation."[68] National won the ensuing by-election; Sharma finished fourth.[69]
In May 2023, Meka Whaitiri (Labour) and Elizabeth Kerekere (Green) quit their parties.[70][71] Like National, the Green Party also declined to invoke the Electoral (Integrity) Amendment Act 2018.[72] In the case of Whaitiri, who announced she would join Te Pāti Māori for the upcoming election, Parliament's Speaker Adrian Rurawhe said that the "very specific events" required to trigger the law had not occurred but he recognised Whaitiri as an independent for parliamentary purposes. He declined to release correspondence between himself and Whaitiri on the matter.[73][74] Law professor Andrew Geddis described this apparent loophole as likely Whaitiri advising she had removed her proxy vote from Labour and requested to sit apart from them, rather than officially changing parties.[73]
The first expulsion under the 2018 Act occurred on 22 October 2024. Following a request by the Green Party, House Speaker Gerry Brownlee expelled independent MP Darleen Tana from parliament.[75] Tana had previously been a member of the Green Party until her resignation on 8 July 2024, which followed an internal party investigation into misconduct in her business practices. Despite the Green Party's previous opposition to the legislation's expulsion provisions, the party convened a special general meeting of 185 party delegates to consider Tana's expulsion, which reached a consensus to proceed with invoking the legislation.[76]
Notes and references
[edit]- ^ Simmons, Geoff (27 July 2018). "'Waka jumping' is the wrong name for this junk law. Here's five better options". The Spinoff. Archived from the original on 1 March 2021. Retrieved 12 June 2021.
- ^ "Electoral (Integrity) Amendment Bill". Legislation New Zealand. Parliamentary Counsel Office. Archived from the original on 18 May 2021. Retrieved 12 June 2021.
- ^ a b c "Waka jumping bill finally passes, with begrudging support of Green Party". Stuff. 27 September 2018. Archived from the original on 16 March 2021. Retrieved 2 August 2020.
- ^ a b McCulloch, Craig (27 September 2018). "Waka-jumping bill passes into law after heated debate". Radio New Zealand. Archived from the original on 25 November 2020. Retrieved 24 July 2020.
- ^ a b c d e f g "Electoral (Integrity) Amendment Act 2001" (PDF). Retrieved 9 May 2024.
- ^ "Electoral (Integrity) Amendment Bill — First Reading". New Zealand Parliament. 6 December 2005. Archived from the original on 17 February 2019.
- ^ "Electoral (Party Registration) Bill". Parliamentary Debates (Hansard). Vol. 564. New Zealand Parliament: House of Representatives. 22 October 1997. p. 342–354.
- ^ "Electoral (Party Registration) Bill – Consideration of Report of Electoral Law Committee". Parliamentary Debates (Hansard). Vol. 569. New Zealand Parliament: House of Representatives. 17 June 1998. p. 92–115.
- ^ "Full Text: Speech From The Throne". Scoop News. 21 December 1999. Retrieved 8 May 2024.
- ^ a b c "Electoral (Integrity) Amendment Bill". Parliamentary Debates (Hansard). Vol. 581. New Zealand Parliament: House of Representatives. 22 December 1999. p. 75–106.
- ^ a b Armstrong, John (30 June 2000). "Party-hopping MPs safe under bill escape clause". The New Zealand Herald. Retrieved 9 May 2024.
- ^ Young, Audrey (14 November 2000). "Tougher line on political defectors". The New Zealand Herald. Retrieved 9 May 2024.
- ^ a b "New bill can make party hoppers quit". The New Zealand Herald. 3 September 2001. Retrieved 9 May 2024.
- ^ "Sittings of the House; Electoral (Integrity) Amendment Bill". Parliamentary Debates (Hansard). Vol. 588. New Zealand Parliament: House of Representatives. 9 November 2000. p. 608–621.
- ^ a b "Electoral (Integrity) Amendment Bill". Parliamentary Debates (Hansard). Vol. 597. New Zealand Parliament: House of Representatives. 18 December 2001. p. 905–999.
- ^ "Parliament hobbles the party-hoppers". The New Zealand Herald. 9 May 2002. Retrieved 9 May 2024.
- ^ Geddis, Andrew (2002). "Party-hopping". New Zealand Law Journal: 137–138.
- ^ "Alliance together, but miles apart". The New Zealand Herald. 16 April 2002. Retrieved 9 May 2024.
- ^ Martin, John (2004). The House: New Zealand's House of Representatives, 1854–2004. Palmerston North: Dunmore Press. p. 330. ISBN 0-86469-463-6.
- ^ Geddis, Andrew (11 January 2018). "Who controls the past now, controls the future". Pundit. Archived from the original on 15 February 2021. Retrieved 27 May 2017.
- ^ Richard William Prebble & others V Donna Awatere Huata, CIV 9/2004 (SC 2004).
- ^ "Prebble V Awatere Huata". Scoop News. 26 March 2024. Retrieved 9 May 2024.
- ^ Taylor, Kevin (18 November 2004). "Speaker set to kick out Awatere Huata". The New Zealand Herald. Retrieved 9 May 2024.
- ^ Geddis, Andrew (21 October 2018). "Ross, Bridges and the party hopping law (updated for recent developments)". Pundit. Retrieved 9 May 2024.
- ^ "Zip it or face the boot, Williamson warned". The New Zealand Herald. 13 September 2002. Retrieved 9 May 2024.
- ^ "Williamson exit could pave way for Maori MP". The New Zealand Herald. 15 July 2003. Retrieved 9 May 2024.
- ^ Electoral (Integrity) Amendment Act 2001 (PDF) (105). 21 December 2001.
- ^ "Confidence and Supply Agreement with New Zealand First" (PDF). 17 October 2005. Retrieved 9 May 2024.
- ^ "Electoral (Integrity) Amendment Bill". New Zealand Parliament. Retrieved 9 May 2024.
- ^ "Shackling MPs who want to hop". The New Zealand Herald. 8 November 2005. Retrieved 9 May 2024.
- ^ Arnold, Terence (3 November 2005). Electoral (Integrity) Amendment Bill (PDF) (Report). Archived from the original (PDF) on 14 May 2024. Retrieved 14 May 2024.
- ^ "Electoral (Integrity) Amendment Bill 3-1 (2005), Government Bill". New Zealand Legislation. Parliamentary Counsel Office. Archived from the original on 11 November 2020. Retrieved 24 May 2018.
- ^ "Business Statement". New Zealand Parliament. Retrieved 9 May 2024.
- ^ "Blow for Labour as Copeland switches support to National". The New Zealand Herald. 14 June 2007. Retrieved 9 May 2024.
- ^ "Harawira to force by-election after launching new party". Otago Daily Times Online News. 2 May 2011. Retrieved 9 May 2024.
- ^ "John Armstrong: Defiant Field back in fray and ready to test Labour". The New Zealand Herald. 23 February 2007. Retrieved 9 May 2024.
- ^ "Chris Carter ousted from Labour Party". The New Zealand Herald. 11 October 2010. Retrieved 9 May 2024.
- ^ Trevett, Claire; Young, Audrey (4 December 2012). "NZ First kicks out Horan". The New Zealand Herald. Retrieved 9 May 2024.
- ^ Rutherford, Hamish (30 May 2013). "Majority oppose 'waka jumping'". www.stuff.co.nz. Retrieved 4 June 2024.
- ^ a b c d e f g "Electoral (Integrity) Amendment Bill". New Zealand Parliament. Archived from the original on 2 August 2020. Retrieved 12 June 2021.
- ^ "Coalition agreement: New Zealand Labour Party & New Zealand First" (PDF). New Zealand Parliament. 2017. Retrieved 14 May 2024.
- ^ Electoral (Integrity) Amendment Bill (PDF) (Report). November 2017. Archived from the original (PDF) on 14 May 2024. Retrieved 14 May 2024.
- ^ a b Electoral (Integrity) Amendment Bill: Approval for Introduction (PDF) (Report). December 2017. Archived from the original (PDF) on 14 May 2024. Retrieved 14 May 2024.
- ^ Parker, David (7 December 2017). Electoral (Integrity) Amendment Bill (PDF) (Report). Archived from the original (PDF) on 14 May 2024. Retrieved 14 May 2024.
- ^ "Confidence and Supply Agreement: New Zealand Labour Party & Green Party of Aotearoa New Zealand" (PDF). Retrieved 14 May 2024.
- ^ a b c Murphy, Tim (30 January 2018). "The "Brendan Horan (Never Again) Bill"". Newsroom. Retrieved 14 May 2024.
- ^ "Greens did not think to ask about waka jumping during negotiations, so now must support it". Stuff. Retrieved 15 May 2024.
- ^ Bennett, Lucy (26 July 2018). "Greens 'swallow a dead rat' over waka-jumping bill". The New Zealand Herald. Retrieved 14 May 2024.
- ^ "Electoral (Integrity) Amendment Bill". New Zealand Parliament. 7 November 2017. Retrieved 14 May 2024.
- ^ "Tuesday, 30 January 2018". New Zealand Parliament. Retrieved 14 May 2024.
- ^ a b "Electoral Integrity Amendment Bill — First Reading". New Zealand Parliament. 30 January 2018. Archived from the original on 14 June 2021. Retrieved 14 June 2021.
- ^ a b "Electoral (Integrity) Amendment Bill – Departmental Report". New Zealand Parliament. 2 July 2018. Archived from the original on 15 June 2021. Retrieved 15 June 2021.
- ^ Young, Audrey (30 April 2018). "Controversial waka-jumping bill slammed". The New Zealand Herald. Retrieved 15 May 2024.
- ^ "Electoral (Integrity) Amendment Bill — Second Reading". New Zealand Parliament. 2 August 2018. Archived from the original on 10 June 2021. Retrieved 15 June 2021.
- ^ "Electoral (Integrity) Amendment Bill — Third Reading". New Zealand Parliament. 27 September 2018. Archived from the original on 15 June 2021. Retrieved 15 June 2021.
- ^ "Members' bills: Defying sad odds". Radio New Zealand. 2 July 2020. Archived from the original on 22 October 2020. Retrieved 2 August 2020.
- ^ "Electoral (Integrity Repeal) Amendment Bill — First Reading". New Zealand Parliament. 29 July 2020. Archived from the original on 13 August 2020. Retrieved 14 June 2021.
- ^ "Dead rat spat back up: Green Party vote to repeal waka jumping law with National, infuriating Winston Peters". Stuff. 29 July 2020. Archived from the original on 20 April 2021. Retrieved 2 August 2020.
- ^ Justice Committee (April 2021). Electoral (Integrity Repeal) Amendment Bill (Report). Retrieved 14 May 2024.
- ^ "Electoral (Integrity Repeal) Amendment Bill — Second Reading". New Zealand Parliament. 12 May 2021. Archived from the original on 14 June 2021. Retrieved 14 June 2021.
- ^ "Electoral (Integrity Repeal) Amendment Bill — Second Reading". New Zealand Parliament. 9 June 2021. Archived from the original on 14 June 2021. Retrieved 14 June 2021.
- ^ Boyle, Chelsea; Cheng, Derek (21 October 2018). "National unlikely to use waka-jumping law on Jami-Lee Ross". The New Zealand Herald. Retrieved 14 May 2024.
- ^ Walters, Laura; Sachdeva, Sam (7 November 2018). "NZ First to cast Jami-Lee Ross' proxy vote". Newsroom. Retrieved 14 May 2024.
- ^ "1 NEWS Colmar Brunton poll: Should Simon Bridges boot Jami-Lee Ross from Parliament using waka jumping law?". 1News. Retrieved 4 June 2024.
- ^ "Gaurav Sharma has left Parliament, but did he really need to?". Stuff. Retrieved 15 May 2024.
- ^ Rawhiti-Connell, Anna (19 October 2022). "An unnecessary and costly byelection". The Spinoff. Retrieved 15 May 2024.
- ^ Pearse, Adam (18 October 2022). "Labour confirms it recommended Gaurav Sharma be expelled for misconduct". The New Zealand Herald. Retrieved 15 May 2024.
- ^ Dunne, Peter (24 August 2022). "Labour chooses to tolerate Sharma rather than risk an unwelcome by-election". Newsroom. Retrieved 15 May 2024.
- ^ "Opposition tout political change for 2023 elections after Hamilton West seat win". Radio New Zealand. 11 December 2022. Retrieved 1 January 2023.
- ^ Milne, Jonathan (2 May 2023). "Meka Whaitiri jumps to Te Pāti Māori – its first big-name election candidate". Newsroom. Retrieved 14 May 2024.
- ^ Coughlan, Thomas (5 May 2023). "Green MP Elizabeth Kerekere resigns from party". The New Zealand Herald. Retrieved 14 May 2024.
- ^ "Green MP walks out amid toxic row". Newsroom. 5 May 2023. Retrieved 14 May 2024.
- ^ a b "Why has the waka-jumping legislation not been invoked for Meka Whaitiri?". RNZ. 4 May 2023. Retrieved 14 May 2024.
- ^ Palmer, Russell (4 May 2023). "Up to Meka Whaitiri to release email, Speaker Adrian Rurawhe says". RNZ. Retrieved 14 May 2024.
- ^ "As Darleen Tana booted from Parliament, Greens seek to move on". Stuff. 22 October 2024. Retrieved 22 October 2024.
- ^ Coughlan, Thomas (17 October 2024), "Waka-jumping law: Green Party meets to decide former Green MP Darleen Tana's fate", The New Zealand Herald, retrieved 17 October 2024
External links
[edit]2001 Act
[edit]- "Electoral (Integrity) Amendment Act 2001" (PDF). Archived from the original (PDF) on 25 July 2023. Retrieved 15 May 2024 – via NZLII.
2018 Act
[edit]- "Electoral (Integrity) Amendment Bill". New Zealand Parliament. Archived from the original on 2 August 2020. Retrieved 12 June 2021.
- "Electoral (Integrity) Amendment Act 2018". Legislation New Zealand. Parliamentary Counsel Office. 3 October 2018. Archived from the original on 2 March 2021. Retrieved 13 June 2021.