Referendums in New Zealand
Encyclopedia
Referendum
s (or referenda) are held only occasionally by the Government of New Zealand
. Ten referendum
s have been held so far (excluding referendums on alcohol licensing, which were held triennially between 1894 and 1989). Seven were government-led, and three were indicative citizen "initiatives".
or Switzerland
that have codified constitution
s.
. Many groups advocate approval of constitutional reforms by referendums; for example the Republican Movement
supports a referendum on whether New Zealand should become a republic
.
The term of Parliament may be changed only either through a referendum or by a 75% majority of MPs.
There are frequent calls for the use of referendums to decide other constitutional matters, rather than by regular Acts of Parliament. In 2003 the Fifth Labour Government
replaced the Privy Council
as New Zealand's highest court of appeal with a new Supreme Court
, despite calls from New Zealand First
, National
and ACT for a referendum to be held on the issue. In 1950 the abolition of the Legislative Council
by the First National Government
was done by Act of Parliament; with additional members of the Legislative Council (MLC) appointed to ensure approval by the upper house, the suicide squad.
and 1951
). An extra referendum on prohibition was held on 10 April 1919. From 17 December 1919 the additional option of state purchase and control of liquor (ie nationalisation) was added to the ballot. The Sale of Liquor Act 1989 abolished the national liquor referendum. Local restoration polls were still held in areas that were still 'dry', but the last three, Mount Eden
, Mount Roskill
and Tawa
, all became 'wet' in 1999. There have been two referendums on pub closing times.
and New Zealand First
.
. These are non-binding referendums on any issue in which proponents have submitted a petition to Parliament signed by 10% of all registered electors within 12 months. Based on the roll of the 2005 general election, organisers would need to gather 284,740 signatures at the average rate of 780 a day. It costs NZ$500 to file a petition asking for a referendum with the Clerk of the House of Representatives
. The Clerk formally determines the wording of the question, which may be quite different from the original. The poll must be held within 12 months unless 75% of MPs vote to delay the poll for one year. There is also a $50,000 spending limit on promoting the petition.
New Zealand, Italy
, and Switzerland are the only countries whose laws allow for citizen-initiated referendums (CIRs) nationally. Its defenders view it as a form of "direct democracy" However, the Citizens Initiated Referendum 1993 went against the advice of the Royal Commission on the Electoral System
1986. The Commission stated "In general, initiatives and referendums are blunt and crude devices.... [that] would blur the lines of accountability and responsibility of Governments".
A total of 33 petitions have been launched since 1993 on a wide range of topics. Only three have come to a vote, because all the other proposals failed to gain enough signatures to force a referendum. The target number for signatures is the key to looking at the initiative proposed by citizens.
be reduced below the number employed in 1 January 1995?" was unusual in that it aimed to elicit a "no" response. Turnout was low as the referendum was not held in conjunction with a general election, and the measure was voted down easily, with just over 12% voting "Yes" and almost 88% voting "No.
two referendums were put before voters. One was on whether the number of Members of Parliament should be reduced from 120 to 99. Electors overwhelmingly voted in favour of the proposal, with 81.47% voting for this proposal. However, there were no moves to amend the Electoral Act 1993 in line with this result until 2006 when a bill was introduced by New Zealand First
MP Barbara Stewart
to reduce the size of Parliament to 100. The bill passed its first reading by 61 votes to 60. It seems unlikely to pass into law as many parties stated they were supporting it only to Select Committee stage.
The other referendum held in 1999 asked "Should there be a reform of our Justice system placing greater emphasis on the needs of victims, providing restitution and compensation for them and imposing minimum sentences and hard labour for all serious violent offences?". This measure passed by 91.78%.
This was the second attempt to collect enough signatures to force a referendum on the 2007 amendment of Section 59 of the Crimes Act, the "anti-smacking" law which removed the defence of "reasonable force" for a parent hitting their child, at the 2008 general election
. However, when assessed by officials, a sample of 30,000 signatures revealed too many inconsistencies. This led officials to announce that the petition did not meet the threshold. Larry Baldock, a member of The Kiwi Party, replied that they had three months to resubmit the petition, and had collected 20,000 more signatures. He was also critical of the sample method, citing that statisticians apply an assessment of the sample which is extended to the entire petition. He believed that statistical error of that sample is not considered in their assessment.
, the Sensible Sentencing Trust
and Kiwi Party all advocate binding referendums. However, Kiwi Party President Larry Baldock
failed to submit enough signatures for a petition that might have led to a non-binding referendum on whether or not binding citizens referenda should be introduced after being granted permission to circulate a petition calling for that innovation, so the status quo remains.
By contrast, GayNZ.com
has run articles strongly critical of the CIR lobby, as well as expressing concerns that CIRs could be abused to strip vulnerable minorities of their legislative protections, as has occurred frequently with referendums against same-sex marriage in the United States
and similar proposals that target illegal immigrants in that country. In some New Zealand media outlets, the Minaret controversy in Switzerland
has also been cited as one current example of anti-minoritarian abuse of the 'citizens' referendum process.
Even amongst conservative Christians, the issue has become contentious. The Maxim Institute
has announced its opposition to binding citizens referendums, citing the adverse fiscal management consequences that have ensued in the state of California
in a recent paper from Richard Ekins, a University of Auckland
legal academic
During 2009, there was additional criticism from prominent New Zealand legal academics, such as Andrew Geddis and Bridget Fenton at Otago University. They argue that CIRs are no substitute for more deliberative processes within the existing framework of representative democracy
, such as joining political parties, protest marches, voting within general elections and parliamentary select committee submissions Current New Zealand Prime Minister John Key
also opposes binding referendums on fiscal grounds, noting that California's contradictory tax cap and public spending referendums have made state fiscal management chaotic
The 1999 referendums were held in conjunction with the 1999 general election
, which is likely to have played a role in the high proportion of voters.
, territorial councils
and District Health Boards
) may hold referendum on issues which they feel their citizens need to be consulted upon. Referendums have been held on water fluoridation
, changing the electoral system to Single Transferable Vote
and merging authorities together.
Overseas references
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
s (or referenda) are held only occasionally by the Government of New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
. Ten referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
s have been held so far (excluding referendums on alcohol licensing, which were held triennially between 1894 and 1989). Seven were government-led, and three were indicative citizen "initiatives".
Government referendums
The government of New Zealand may, at any time, call for a referendum on any issue, but must pass enabling legislation first, otherwise the resulting referendums will be indicative, not binding on central government. This provision allows some parliamentary scrutiny of the issue and wording of the question. There is no constraint on whether an issue is to be decided by the New Zealand Parliament or by the public. The only exceptions to this are the term of Parliament and several other aspects of the electoral process, which can be changed only through a referendum or by at least 75% of MPs voting for the change. This has led to the sporadic use of referendums, partly because there is no constitutional requirement, as there is in other countries like AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
or Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
that have codified constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
s.
Constitutional referendums
There is no requirement for a referendum to enact constitutional change in New Zealand. Referendums were held in 1992 and 1993 to decide the nature of electoral reform in New ZealandElectoral reform in New Zealand
Electoral reform in New Zealand has, in recent years, become a political issue as major changes have been made to both Parliamentary and local government electoral systems.- Parliamentary Electoral Reform :...
. Many groups advocate approval of constitutional reforms by referendums; for example the Republican Movement
Republican Movement of Aotearoa New Zealand
The Republican Movement of Aotearoa New Zealand is an organisation formed in 1994 whose object is to support the creation of a New Zealand republic . It is Chaired by Lewis Holden. The patron of the Movement is Keri Hulme, a New Zealand writer famous for her 1985 Booker Prize winning novel The Bone...
supports a referendum on whether New Zealand should become a republic
Republicanism in New Zealand
Republicanism in New Zealand is a theoretical political concept, the implementation of which would result in changing New Zealand's current constitutional monarchy to that of a republic...
.
The term of Parliament may be changed only either through a referendum or by a 75% majority of MPs.
There are frequent calls for the use of referendums to decide other constitutional matters, rather than by regular Acts of Parliament. In 2003 the Fifth Labour Government
Fifth Labour Government of New Zealand
The Fifth Labour Government of New Zealand was the government of New Zealand between 10 December 1999 and 19 November 2008.-Overview:The fourth National government, in power since 1990, was widely unpopular by 1999, with much of the public antagonised by a series of free-market economic reforms,...
replaced the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
as New Zealand's highest court of appeal with a new Supreme Court
Supreme Court of New Zealand
The Supreme Court of New Zealand is the highest court and the court of last resort in New Zealand, having formally come into existence on 1 January 2004. The court sat for the first time on 1 July 2004. It replaced the right of appeal to the Judicial Committee of the Privy Council, based in London...
, despite calls from New Zealand First
New Zealand First
New Zealand First is a political party in New Zealand that was founded in 1993, following party founder Winston Peters' resignation from the National Party in 1992...
, National
New Zealand National Party
The New Zealand National Party is the largest party in the New Zealand House of Representatives and in November 2008 formed a minority government with support from three minor parties.-Policies:...
and ACT for a referendum to be held on the issue. In 1950 the abolition of the Legislative Council
New Zealand Legislative Council
The Legislative Council of New Zealand was the upper house of the New Zealand Parliament from 1853 until 1951. Unlike the lower house, the New Zealand House of Representatives, the Legislative Council was appointed.-Role:...
by the First National Government
First National Government of New Zealand
The First National Government of New Zealand was the government of New Zealand from 1949 to 1957. It was a conservative government best remembered for its role in the 1951 waterfront dispute. It also began the repositioning of New Zealand in the cold war environment...
was done by Act of Parliament; with additional members of the Legislative Council (MLC) appointed to ensure approval by the upper house, the suicide squad.
| Date | Turnout | Issue | Result |
|---|---|---|---|
| 23 September 1967 | 69.7 | Term of Parliament | 68.1 % in favour of staying at three year maximum |
| 27 October 1990 | 85.2 | Term of Parliament | 69.3 % in favour of staying at three year maximum |
| 19 September 1992 | 55.2 | Voting system Electoral reform in New Zealand Electoral reform in New Zealand has, in recent years, become a political issue as major changes have been made to both Parliamentary and local government electoral systems.- Parliamentary Electoral Reform :... |
84.7% for change, 70.5% to MMP |
| 6 November 1993 | 85.2 | Voting system Electoral reform in New Zealand Electoral reform in New Zealand has, in recent years, become a political issue as major changes have been made to both Parliamentary and local government electoral systems.- Parliamentary Electoral Reform :... |
53.9% for MMP |
| 26 November 2011 | Voting system New Zealand voting method referendum, 2011 The New Zealand voting system referendum, 2011, was a referendum on whether to keep the existing mixed member proportional voting system, or to change to another voting system, for electing Members of Parliament to New Zealand's House of Representatives... |
Liquor licensing referendums
In New Zealand, alcohol licensing has historically been decided by referendum. The first of these were compulsory local licensing referendums, held in 1894 and then with each main parliamentary election between 1896 and 1914. Local licensing referendums were eliminated after 1914, apart from 'local restoration polls' to legalise liquor sales in 'dry' districts. In 1910 a referendum on national prohibition of alcohol was introduced, and held in conjunction with every general election from 1911 to 1987 inclusive (except 1931New Zealand general election, 1931
The 1931 New Zealand general election was a nationwide vote to determine the shape of the New Zealand Parliament's 24th term. It resulted in the newly formed coalition between the United Party and the Reform Party remaining in office as the Liberal-Reform Government, although the opposition Labour...
and 1951
New Zealand general election, 1951
The 1951 New Zealand general election was a nationwide vote to determine the shape of the New Zealand Parliament's 30th term. It saw the governing National Party remain in office, increasing its lead over the opposition Labour Party.-Background:...
). An extra referendum on prohibition was held on 10 April 1919. From 17 December 1919 the additional option of state purchase and control of liquor (ie nationalisation) was added to the ballot. The Sale of Liquor Act 1989 abolished the national liquor referendum. Local restoration polls were still held in areas that were still 'dry', but the last three, Mount Eden
Mount Eden
Mount Eden is the name of a cinder cone and surrounding suburb in Auckland City, New Zealand, situated five kilometres south of the city centre. The mountain is the highest natural point in the whole of Auckland...
, Mount Roskill
Mount Roskill, New Zealand
Mount Roskill is both a volcanic peak and the suburban area in the city of Auckland, New Zealand.- Mountain :The peak, which is to the southwest end of the suburb, is 110 metres in height, and is one of the many extinct cones which dot the isthmus of Auckland, all of which are part of the Auckland...
and Tawa
Tawa, New Zealand
Tawa is the northernmost suburb of Wellington located between Churton Park and Porirua in the North Island of New Zealand. It takes its name from the broadleaf tree, which was once prolific throughout the area, although its most famous tree is the Bucket Tree, a group of large macrocarpa with the...
, all became 'wet' in 1999. There have been two referendums on pub closing times.
| Date | % Voters | Issue | Result |
|---|---|---|---|
| 9 March 1949 | Six o'clock closing Six o'clock swill The six o'clock swill was an Australian and New Zealand slang term for the last-minute rush to buy drinks at a hotel bar before it closed. During a significant part of the 20th century, most Australian and New Zealand hotels shut their public bars at 6 p.m. A culture developed of heavy drinking... |
Three-to-one majority to retain | |
| 23 September 1967 | Six o'clock closing Six o'clock swill The six o'clock swill was an Australian and New Zealand slang term for the last-minute rush to buy drinks at a hotel bar before it closed. During a significant part of the 20th century, most Australian and New Zealand hotels shut their public bars at 6 p.m. A culture developed of heavy drinking... |
Two-to-one majority for later opening |
Other referendums
The government may call referendums on any issues on which it wishes. These will usually be on issues on which the government is split. For the 1997 referendum on retirement savings, the decision to hold it was part of the coalition agreement between NationalNew Zealand National Party
The New Zealand National Party is the largest party in the New Zealand House of Representatives and in November 2008 formed a minority government with support from three minor parties.-Policies:...
and New Zealand First
New Zealand First
New Zealand First is a political party in New Zealand that was founded in 1993, following party founder Winston Peters' resignation from the National Party in 1992...
.
| Date | % Voters | Issue | Result |
|---|---|---|---|
| 9 March 1949 | 54.3 | Allow off-course betting | 68.0 % in favour |
| 3 August 1949 | 63.5 | Compulsory military training Compulsory Military Training in New Zealand Compulsory military training , a form of conscription, has been used in New Zealand during a number of historical periods.-Origins and world wars:CMT was first introduced in New Zealand with the Defence Act of 1909... |
77.9 % in favour |
| 5 September 1997 | 80.3 | Compulsory Retirement Savings Scheme | 91.8% against |
Citizens initiated referendums
The Citizens Initiated Referenda Act 1993 allows for citizens to propose a referendumInitiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
. These are non-binding referendums on any issue in which proponents have submitted a petition to Parliament signed by 10% of all registered electors within 12 months. Based on the roll of the 2005 general election, organisers would need to gather 284,740 signatures at the average rate of 780 a day. It costs NZ$500 to file a petition asking for a referendum with the Clerk of the House of Representatives
New Zealand House of Representatives
The New Zealand House of Representatives is the sole chamber of the legislature of New Zealand. The House and the Queen of New Zealand form the New Zealand Parliament....
. The Clerk formally determines the wording of the question, which may be quite different from the original. The poll must be held within 12 months unless 75% of MPs vote to delay the poll for one year. There is also a $50,000 spending limit on promoting the petition.
New Zealand, Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, and Switzerland are the only countries whose laws allow for citizen-initiated referendums (CIRs) nationally. Its defenders view it as a form of "direct democracy" However, the Citizens Initiated Referendum 1993 went against the advice of the Royal Commission on the Electoral System
Royal Commission on the Electoral System
The Royal Commission on the Electoral System was formed in New Zealand in 1985, and reported in 1986. The decision to form the Royal Commission was taken by the Fourth Labour government, after the Labour party had received more votes, yet won fewer seats than the National Party in both the 1978 and...
1986. The Commission stated "In general, initiatives and referendums are blunt and crude devices.... [that] would blur the lines of accountability and responsibility of Governments".
A total of 33 petitions have been launched since 1993 on a wide range of topics. Only three have come to a vote, because all the other proposals failed to gain enough signatures to force a referendum. The target number for signatures is the key to looking at the initiative proposed by citizens.
Firefighters
The first citizens initiated referendum was held on 2 December 1995. The question "Should the number of professional fire-fighters employed full-time in the New Zealand Fire ServiceNew Zealand Fire Service
The New Zealand Fire Service is New Zealand's national fire fighting body. While its founding legislation, the Fire Service Act 1975, only provides for this role, the organisation has assumed responsibility for several other areas.-Strategic Direction:The New Zealand Fire Service has defined for...
be reduced below the number employed in 1 January 1995?" was unusual in that it aimed to elicit a "no" response. Turnout was low as the referendum was not held in conjunction with a general election, and the measure was voted down easily, with just over 12% voting "Yes" and almost 88% voting "No.
1999 election
At the 1999 electionNew Zealand general election, 1999
The 1999 New Zealand general election was held on 27 November 1999 to determine the composition of the 46th New Zealand Parliament. The governing National Party, led by Prime Minister Jenny Shipley, was defeated, being replaced by a coalition of Helen Clark's Labour Party and the smaller Alliance...
two referendums were put before voters. One was on whether the number of Members of Parliament should be reduced from 120 to 99. Electors overwhelmingly voted in favour of the proposal, with 81.47% voting for this proposal. However, there were no moves to amend the Electoral Act 1993 in line with this result until 2006 when a bill was introduced by New Zealand First
New Zealand First
New Zealand First is a political party in New Zealand that was founded in 1993, following party founder Winston Peters' resignation from the National Party in 1992...
MP Barbara Stewart
Barbara Stewart
Barbara Stewart is a New Zealand politician. She is a member of the New Zealand First party.-Early life:Stewart was born in Wairoa in 1952. She obtained a BEd and a Postgraduate Diploma in Management Studies, both from the University of Waikato...
to reduce the size of Parliament to 100. The bill passed its first reading by 61 votes to 60. It seems unlikely to pass into law as many parties stated they were supporting it only to Select Committee stage.
The other referendum held in 1999 asked "Should there be a reform of our Justice system placing greater emphasis on the needs of victims, providing restitution and compensation for them and imposing minimum sentences and hard labour for all serious violent offences?". This measure passed by 91.78%.
Criminalisation of Parental Corporal Punishment
Following the submission of a petition on 22 August 2008, the Clerk of the House verified to parliament that the threshold for a CIR had been reached. Supporters said they would like it to be held with the 2008 election, however it will be a postal vote in August 2009.This was the second attempt to collect enough signatures to force a referendum on the 2007 amendment of Section 59 of the Crimes Act, the "anti-smacking" law which removed the defence of "reasonable force" for a parent hitting their child, at the 2008 general election
New Zealand general election, 2008
The 2008 New Zealand general election was held on 8 November 2008 to determine the composition of the 49th New Zealand parliament. The conservative National Party, headed by its Parliamentary leader John Key, won a plurality of votes and seats, ending 9 years of government dominated by the social...
. However, when assessed by officials, a sample of 30,000 signatures revealed too many inconsistencies. This led officials to announce that the petition did not meet the threshold. Larry Baldock, a member of The Kiwi Party, replied that they had three months to resubmit the petition, and had collected 20,000 more signatures. He was also critical of the sample method, citing that statisticians apply an assessment of the sample which is extended to the entire petition. He believed that statistical error of that sample is not considered in their assessment.
Opponents of citizens initiated referendums
The perceived lack of implementation of successful referendums has led to calls for such referendums to be made binding on the government of the day, similar to the direct democracy said to exist in Switzerland. ACT New Zealand, Family First New ZealandFamily First New Zealand
Family First New Zealand is a conservative advocacy group in New Zealand.It formed in March 2006 with former Radio Rhema talkback host and South Auckland social worker Bob McCoskrie as the National Director...
, the Sensible Sentencing Trust
Sensible Sentencing Trust
The Sensible Sentencing Trust, a lobby group based in Napier in New Zealand, promotes harsher court sentences as a means of reducing crime.The Trust states its vision as "A Safe New Zealand" and its mission as "o obtain a large base of community support, and ensure safety for all New Zealanders...
and Kiwi Party all advocate binding referendums. However, Kiwi Party President Larry Baldock
Larry Baldock
Larry Baldock is a New Zealand politician. He was a member of Parliament for the United Future New Zealand party from 2002 to 2005...
failed to submit enough signatures for a petition that might have led to a non-binding referendum on whether or not binding citizens referenda should be introduced after being granted permission to circulate a petition calling for that innovation, so the status quo remains.
By contrast, GayNZ.com
GayNZ.com
GayNZ.com is the leading Lesbian, Gay, Bisexual, and Transgender community news website for New Zealand.It posts daily local and international news stories, monitors fundamentalist Christian politics in New Zealand and associated anti-gay pressure groups, reports on political developments related...
has run articles strongly critical of the CIR lobby, as well as expressing concerns that CIRs could be abused to strip vulnerable minorities of their legislative protections, as has occurred frequently with referendums against same-sex marriage in the United States
Same-sex marriage in the United States
The federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...
and similar proposals that target illegal immigrants in that country. In some New Zealand media outlets, the Minaret controversy in Switzerland
Minaret controversy in Switzerland
The minaret controversy in Switzerland refers to construction of minarets, which has been subject to legal and political controversy in Switzerland during the 2000s and a Swiss referendum regarding this issue. In a November 2009 referendum, a constitutional amendment banning the construction of new...
has also been cited as one current example of anti-minoritarian abuse of the 'citizens' referendum process.
Even amongst conservative Christians, the issue has become contentious. The Maxim Institute
Maxim Institute
The Maxim Institute is a research and public policy think tank based in Auckland, New Zealand. The Institute's work is oriented toward a conservative perspective on its issues of primary concern, which are now education policy, tax and welfare policy...
has announced its opposition to binding citizens referendums, citing the adverse fiscal management consequences that have ensued in the state of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
in a recent paper from Richard Ekins, a University of Auckland
University of Auckland
The University of Auckland is a university located in Auckland, New Zealand. It is the largest university in the country and the highest ranked in the 2011 QS World University Rankings, having been ranked worldwide...
legal academic
During 2009, there was additional criticism from prominent New Zealand legal academics, such as Andrew Geddis and Bridget Fenton at Otago University. They argue that CIRs are no substitute for more deliberative processes within the existing framework of representative democracy
Representative democracy
Representative democracy is a form of government founded on the principle of elected individuals representing the people, as opposed to autocracy and direct democracy...
, such as joining political parties, protest marches, voting within general elections and parliamentary select committee submissions Current New Zealand Prime Minister John Key
John Key
John Phillip Key is the 38th Prime Minister of New Zealand, in office since 2008. He has led the New Zealand National Party since 2006....
also opposes binding referendums on fiscal grounds, noting that California's contradictory tax cap and public spending referendums have made state fiscal management chaotic
Table of petitions and referendums
The following table lists those petition questions lodged with Clerk of the House from 1993 to 2005.| Date proposal received by Clerk of the House | Sponsor / name of proposer | Question Proposed | Question Determined | Date determination of question gazetted | Date signatures to be collected by | Result of petition |
|---|---|---|---|---|---|---|
| 1993 | Royal New Zealand Society for the Protection of Cruelty to Animals | Should the production of eggs from battery hens be prohibited within five years of the referendum? | ||||
| 1993 | Christian Heritage Party | Should a judge sentencing a person convicted of murder to life imprisonment be empowered to order that the person be imprisoned for his or her natural life and not be eligible for parole? | ||||
| 1993 | Michael Laws Michael Laws Michael Laws is a New Zealand politician, broadcaster and writer/columnist. He served two terms as a Member of the New Zealand Parliament, representing the National Party and New Zealand First . He was elected as Mayor of Wanganui in 2004, was re-elected in 2007 but announced his retirement from... MP, Hon Winston Peters Winston Peters Winston Raymond Peters is a New Zealand politician and leader of New Zealand First, a political party he founded in 1993. Peters has had a turbulent political career since entering Parliament in 1978. He served as Minister of Maori Affairs in the Bolger National Party Government before being... MP, Geoff Braybrooke Geoff Braybrooke Geoffrey Bernard Braybrooke, QSO is a former New Zealand politician. He was an MP from 1981 to 2002, representing the Labour Party. He was one of the party's more conservative MPs.-Early years:... MP |
Should the size of Parliament be reduced from 120 members of parliament to 100 by reducing the number elected from party list? | ||||
| 1 February 1994 | Royal New Zealand Society for the Prevention of Cruelty to Animals | Should the inhumane practice of battery egg production be phased out within five years from this referendum? | Should the production of eggs from battery hens be prohibited within five years of the referendum? | 28 April 1994 | 28 April 1995 | Petition lapsed |
| 28 March 1994 | Christian Heritage Party | Should a judge be given the power to decide whether life imprisonment for murder should mean a prisoner will be imprisoned for his/her natural life? | Should a Judge sentencing a person convicted of murder to life imprisonment be empowered to order that the person be imprisoned for his or her natural life and not be eligible for parole? | 23 June 1994 | 23 June 1995 | Petition lapsed |
| 25 May 1994 | Michael Laws Michael Laws Michael Laws is a New Zealand politician, broadcaster and writer/columnist. He served two terms as a Member of the New Zealand Parliament, representing the National Party and New Zealand First . He was elected as Mayor of Wanganui in 2004, was re-elected in 2007 but announced his retirement from... MP, Hon Winston Peters Winston Peters Winston Raymond Peters is a New Zealand politician and leader of New Zealand First, a political party he founded in 1993. Peters has had a turbulent political career since entering Parliament in 1978. He served as Minister of Maori Affairs in the Bolger National Party Government before being... MP, Geoff Braybrooke Geoff Braybrooke Geoffrey Bernard Braybrooke, QSO is a former New Zealand politician. He was an MP from 1981 to 2002, representing the Labour Party. He was one of the party's more conservative MPs.-Early years:... MP |
Should the size of Parliament be reduced from 120 Members of Parliament to 100 by reducing the number of “list” MPs from 55 seats to 35 seats? | Should the size of Parliament be reduced from 120 Members of Parliament to 100 by reducing the number elected from the party list? | 18 August 1994 | 18 August 1995 | Petition lapsed |
| 20 June 1994 | Next Step Democracy Movement | All New Zealanders should have access to a non-profit public health service which is fully government funded and without user charges. | Question withdrawn by proposer, on 16 September 1994 | |||
| 20 June 1994 | Next Step Democracy Movement | All new Zealanders should have access to non-profit education service that is fully government funded and without user charges, from pre-school to tertiary level. | Question withdrawn by proposer on 16 September 1994 | |||
| 20 June 1994 | Next Step Democracy Movement | The central goals of government economic policy should be full employment Full employment In macroeconomics, full employment is a condition of the national economy, where all or nearly all persons willing and able to work at the prevailing wages and working conditions are able to do so.... at liveable wages and, for those not in the paid workforce, an income based on what it actually costs to live. |
Question withdrawn by proposer on 16 September 1994 | |||
| 20 June 1994 | Next Step Democracy Movement | New Zealand’s military budget should be reduced to half its 1994 level by the year 2000 and the savings allocated to health, education, employment and conservation. | Question withdrawn by proposer on 16 September 1994 | |||
| 20 June 1994 | Next Step Democracy Movement | The Employment Contracts Act should be replaced with laws that deliver pay equity and are consistent with the International Labour Organisation’s conventions and the United Nations’ International Bill of Human Rights. | Question withdrawn by proposer, on 16 September 1994 | |||
| 20 June 1994 | Next Step Democracy Movement | Any increase in New Zealand’s electricity demand should be met from energy conservation and from sources that are environmentally sustainable, and do not produce carbon dioxide (CO2). | Question withdrawn by proposer on 16 September 1994 | |||
| 29 August 1994 | William Maung Maung | Do you want a Constitutional Enactment to enable the enforcement of political accountability? | Should there be a legally enforceable requirement that political parties observe their constitution and their manifesto promises? | 17 November 1994 | 17 November 1995 | Petition lapsed |
| 11 November 1994 | New Zealand Professional Fire-Fighters Union | Should the number of firefighters employed in the New Zealand Fire Service be reduced? | Should the number of professional fire fighters employed full time in the New Zealand Fire Service be reduced below the number employed on 1 January 1995? | 9 February 1995 | 9 February 1996 | Successful—presented to House on 30 May 1995; select committee report on 22 June 1995; referendum held on 2 December 1995. (27.0% turnout - 12.2% yes; 87.8% no) |
| 30 November 1994 | Next Step Democracy Movement | Should all New Zealanders have access to public health services, which are fully government funded, and without user charges? | Should all New Zealanders have access to comprehensive health services, which are fully government funded, and without user charges? | 23 February 1995 | 23 February 1996 | Petition lapsed |
| 30 November 1994 | Next Step Democracy Movement | Should all New Zealanders have access to public education services, from early childhood to tertiary level, which are fully government funded and without user charges? | Should all New Zealanders have access to public education services, from early childhood to tertiary level, which are fully government funded and without user charges? | 23 February 1995 | 23 February 1996 | Petition lapsed |
| 30 November 1994 | Next Step Democracy Movement | Should full employment with wages and conditions that are fair and equitable be the central goal of government economic policy? | Should full employment with wages and conditions that are fair and equitable be the primary goal of government economic policy? | 23 February 1995 | 23 February 1996 | Petition lapsed |
| 30 November 1994 | Next Step Democracy Movement | Should all New Zealanders on income support and benefits get an income based on what it actually costs to live? | Should all New Zealanders on income support and benefits get an income based on what it actually costs to live? | 23 February 1995 | 23 February 1996 | Petition lapsed |
| 30 November 1994 | Next Step Democracy Movement | Should increases in New Zealand’s electricity demand be met from energy conservation and from the use of resources that are environmentally sustainable? | Should increases in New Zealand’s electricity demand be met from energy conservation and from the use of sources that are environmentally sustainable? | 23 February 1995 | 23 February 1996 | Not delivered to Clerk - lapsed |
| 30 November 1994 | Next Step Democracy Movement | Should New Zealand’s military budget be reduced to half its 1994/1995 level by the year 2000 with the savings spent on health, education, conservation and the promotion of full employment? | Should New Zealand’s defence expenditure be reduced to half its 1994/95 level by the year 2000 with the savings spent on health, education, conservation and the promotion of full employment? | 23 February 1995 | 23 February 1996 | Petition lapsed |
| 19 December 1994 | One New Zealand Foundation | Should the laws of New Zealand apply equally to all New Zealanders irrespective of ethnic origin? | Do you agree that the laws of New Zealand should not discriminate against or give preference to citizens or permanent residents of New Zealand on the basis of their ethnic origins? | 23 March 1995 | 23 March 1996 | Petition lapsed |
| 15 September 1995 | Companion and the Voluntary Euthanasia Society (Auckland) Inc | Should voluntary euthanasia be legalised for persons 18 years and older? | Should people aged 18 years and over who are terminally or incurably ill be permitted to have their lives ended if they request this, in a humane manner and in accordance with procedures to be established? | 14 December 1995 | 14 December 1996 | Withdrawn on 6 May 1996 |
| 15 April 1996 | Jim Anderton Jim Anderton James Patrick Anderton, usually known as Jim Anderton , is the leader of the Progressive Party, a New Zealand political party. He has served in Parliament since 1984. He served as Deputy Prime Minister from 1999 to 2002 and is currently also the sitting Father of the House, the longest... MP |
Should the Forestry Corporation’s plantation forests, mills, and rights in perpetuity to 188,000 hectares of Crown land, remain in New Zealand public ownership? | Should the forestry licenses to 188,000 hectares of Crown forest land which are currently held by the Forestry Corporation of New Zealand Limited remain in state ownership (subject to the determination of any Treaty of Waitangi claims)? | 13 June 1996 | 13 June 1997 | Petition lapsed |
| 23 July 1996 | Nga Kaitiaki o Te Waonuia Taane o Aotearoa | Should there be a law passed banning any further destruction of the native forests of Aotearoa to preserve the last remnants of our national heritage (pursuant to the Treaty of Waitangi Treaty of Waitangi The Treaty of Waitangi is a treaty first signed on 6 February 1840 by representatives of the British Crown and various Māori chiefs from the North Island of New Zealand.... )? |
Should all tree felling and clearing on any indigenous land (except in plantation forests and already protected conservation areas be prohibited, unless such tree felling or cleaning is in accordance with Maori customary use? | 31 October 1996 | 31 October 1997 | Petition lapsed |
| 17 March 1997 | Mark Whyte | Should the Treaty of Waitangi, being an outdated document, be set aside and replaced with a national constitution which guarantees the equal rights of all New Zealanders without favour or discrimination? | Should there be a Written Constitution, taking precedence of the Treaty of Waitangi and all other sources of law, which guarantees the right of all people without favour or discrimination? | 19 June 1997 | 19 June 1998 | Petition lapsed |
| 30 June 1997 | Margaret Robertson | Should the size of Parliament be reduced from 120 members of Parliament to 99 members of Parliament by reducing the number elected from party lists? | Should the size of the House of Representatives be reduced from 120 members to 99 members? | 21 August 1997 | 21 August 1998 | Successful: presented to House on 17 February 1999; referendum held on 27 November 1999. (84.8% turnout - 81.5% yes; 18.5% no) |
| 3 October 1997 | Norm Withers | That should there be an urgent reform of our Justice system to introduce restorative justice which seeks to place greater emphasis on the needs of victims and includes hard labour for all serious violent offences? | Should there be a reform of our justice system placing greater emphasis on the needs of the victims, providing restitution and compensation for them and imposing minimum sentences and hard labour for all serious violent offences? | 15 January 1998 | 15 January 1999 | Successful -presented to House on 13 July 1999; referendum held on 27 November 1999. (84.8% turnout - 91.8% yes; 8.2% no) |
| 13 October 1997 | Cancer Society of New Zealand | That the Government should increase its annual spending on health services to at least 7% of GDP, funded if necessary from personal income tax. | Should the Government increase its annual spending on health services to at least 7% of GDP, funding the increase, if necessary, from personal income tax? | 11 December 1997 | 11 December 1998 | Petition lapsed |
| 19 February 1998 | Frederick Richards | Should the method of election be termination of the political party system with the election for the constituency candidate as representative by single transferable vote? | Should members of Parliament be elected by single transferable vote (STV) with constituency-based, multi-member electorates? | 21 May 1998 | 21 May 1999 | Petition lapsed |
| 21 December 1998 | Gavin Hugh Piercy | Should the Government stop any forced school closures until there have been full and transparent guidelines and procedures adapted by Parliament? | Should there be no further compulsory school closures until comprehensive criteria have been established by law for the Minister of Education to follow when deciding to close a school? | 25 March 1999 | 25 March 2000 | Petition lapsed |
| 6 May 1999 | Julie Waring | Do you support the request that the Government of New Zealand reduce the number of unemployed people to below 1% of the working population by the year 2004? | Should the government be required to reduce the number of unemployed people to below 1% of the labour force by the year 2004? | 12 August 1999 | 12 August 2000 | Petition lapsed |
| 29 June 1999 | The Free New Zealand Party Society Inc | Should government let New Zealanders have democracy by referendum where any individual or group can submit opinions which get numbered so we can list what we agree with and list what we disagree with, then the results are sent to four independent committees who create four separate laws and we vote for the most suitable one? | Should New Zealand adapt direct democracy by binding referendum whereby ideas for laws should be submitted and voted upon as of right by the public and, according to the result, submissions collected from the public and then assessed by opinion poll, resulting un draft law alternatives being prepared by independent groups, from which one opinion would be chosen by majority vote by the public; the resulting legislation to be binding? | 14 October 1999 | 14 October 2000 | Petition lapsed |
| 1 January 2000 | Stuart FE Marshall | Should the current review of the voting system be taken out of the hands of self-interested politicians by holding another binding referendum to decide the future voting systems, recognising the already clearly established public demand to reduce the number of MPs to 99? | Should a binding referendum be held to decide the future voting system, based on a parliament of 99 MPs? | 20 March 2001 | 25 March 2002 | Petition lapsed |
| 27 March 2000 | Raymond Lorenzen | Should the Government ban the sale and distribution of tobacco products? | Should Parliament enact legislation to ban the sale and distribution of tobacco? | 6 July 2000 | 6 July 2001 | Petition lapsed |
| 18 May 2000 | Tim Hawkins | Should Dr Newman's Shared Parenting Bill be made law in the Family Court? | Should the Shared Parenting Bill introduced by Dr Muriel Newman Muriel Newman Dr. Muriel Newman is a former New Zealand politician. She was the deputy leader of the ACT New Zealand.-Early years:Newman was born in northern England, but arrived in New Zealand at the age of eight. She was raised in Whangarei. She gained a BSc in mathematics from University of Auckland, and... (which creates a presumption that parents who are separated or divorced will have equal rights to custody of their children) be passed by Parliament? |
17 August 2000 | 17 August 2001 | Petition lapsed |
| 26 October 2000 | Dennis Crisp | Do you believe that New Zealand should hold a binding referendum on whether we should replace MMP by a return to first-past-the-post elections? | Question withdrawn by promoter (between 2 and 8 November 2000) | |||
| 26 July 2001 | Ian Wishart Ian Wishart Ian Wishart is a New Zealand journalist, author, an opponent to the hypothesis of anthropogenic climate change, and the editor of Investigate magazine... on behalf of the Constitution Trust of New Zealand |
Should New Zealand adopt a written constitution which protects fundamental human and civil rights and which transfers legal sovereignty from the Crown to the people? | Should New Zealand adopt a written constitution expressly vesting sovereignty in the people and protecting fundamental human and civil rights? | 12 October 2001 | 22 October 2002 | Petition lapsed |
| 5 February 2003 | Steve Baron (Better Democracy Better Democracy Better Democracy is a non-partisan lobby group in New Zealand, formed with the objective of bringing about binding citizens initiated referendums as a form of direct democracy... ) |
Should legislation be enacted to make Citizens Initiated Referenda binding on Government? | Should the law be amended to make the results of citizens initiated referenda binding on the New Zealand Government? | 1 May 2003 | 1 May 2004 | Petition withdrawn on 16 February 2004 |
| 3 April 2003 | Dennis J Gates | Should our longstanding right of final appeal to the Privy Council in London be abolished? | Should all rights of appeal to the Privy Council Judicial Committee of the Privy Council The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United... be abolished? |
2 July 2003 | 2 July 2004 | Petition lapsed |
| 29 August 2003 | Larry Baldock Larry Baldock Larry Baldock is a New Zealand politician. He was a member of Parliament for the United Future New Zealand party from 2002 to 2005... MP and Gordon Copeland Gordon Copeland Gordon Copeland is a New Zealand politician who was a Member of Parliament from 2002 to 2008. He was a list MP for the United Future New Zealand party from 2002 until he resigned from the party in 2007. He is now Party President of The Kiwi Party, which he co-founded with another former United... MP |
That the Prostitution Law Reform Act 2003 be repealed? | Should the Prostitution Reform Act 2003 be repealed? | 29 October 2003 | 29 October 2004 | Petition lapsed |
| 21 July 2004 | NZ Flag.com Trust NZ Flag.com Trust The NZ Flag.com Trust was established in 2003 by Wellington businessman Lloyd Morrison with purpose of encouraging New Zealanders to change the Flag of New Zealand, and frequently comments on the New Zealand flag debate.... |
Should New Zealand change its flag? | Should the design of the New Zealand flag Flag of New Zealand The flag of New Zealand is a defaced Blue Ensign with the Union Flag in the canton, and four red stars with white borders to the right. The stars represent the constellation of Crux, the Southern Cross.... be changed? |
13 October 2004 | 13 October 2005 | Withdrawn on 1 August 2005 |
| 10 January 2005 | John van Buren John Van Buren John Van Buren was an American lawyer and politician.-Life:He was the second son of President Martin Van Buren and graduated from Yale College in 1828. In 1831, when his father was appointed U.S. Minister to Britain, he accompanied him as secretary of the American Legation in London... |
Should the proprietor of a licensed establishment be able to determine whether it is a smoke-free premise? | Should the proprietor of licensed premises be able to determine whether those premises are smoke-free? | 6 April 2005 | 6 April 2006 | |
| 21 February 2007 | Sheryl Savill | Should a smack as part of good parental correction be a criminal offence in New Zealand? | 22 August 2008 | Petition successful - referendum held New Zealand citizens-initiated referendum, 2009 The New Zealand corporal punishment referendum, 2009 was held in New Zealand from 31 July to 21 August, and was a citizens-initiated referendum on parental corporal punishment... by postal ballot between 31 July to 21 August 2009. (56.09% turnout - 87.4% no; 11.98% yes) |
||
| 17 December 2009 | Larry Baldock | Should Parliament be required to pass legislation that implements the majority result of a citizens initiated referendum where that result supports a law change? | Petition lapsed: 12 December 2010 |
The 1999 referendums were held in conjunction with the 1999 general election
New Zealand general election, 1999
The 1999 New Zealand general election was held on 27 November 1999 to determine the composition of the 46th New Zealand Parliament. The governing National Party, led by Prime Minister Jenny Shipley, was defeated, being replaced by a coalition of Helen Clark's Labour Party and the smaller Alliance...
, which is likely to have played a role in the high proportion of voters.
Local government
Local government (regional councilsRegions of New Zealand
The region is the top tier of local government in New Zealand. There are 16 regions of New Zealand. Eleven are governed by an elected regional council, while five are governed by territorial authorities which also perform the functions of a regional council and thus are known as unitary authorities...
, territorial councils
Territorial authorities of New Zealand
Territorial authorities are the second tier of local government in New Zealand, below regional councils. There are 67 territorial authorities: 13 city councils, 53 district councils, and the Chatham Islands Council...
and District Health Boards
District Health Board (New Zealand)
District Health Boards in New Zealand are organisations established by the New Zealand Public Health and Disability Act 2000, responsible for ensuring the provision of health and disability services to populations within a defined geographical area. They have existed since 1 January 2001 when the ...
) may hold referendum on issues which they feel their citizens need to be consulted upon. Referendums have been held on water fluoridation
Water fluoridation
Water fluoridation is the controlled addition of fluoride to a public water supply to reduce tooth decay. Fluoridated water has fluoride at a level that is effective for preventing cavities; this can occur naturally or by adding fluoride...
, changing the electoral system to Single Transferable Vote
Single transferable vote
The single transferable vote is a voting system designed to achieve proportional representation through preferential voting. Under STV, an elector's vote is initially allocated to his or her most preferred candidate, and then, after candidates have been either elected or eliminated, any surplus or...
and merging authorities together.
See also
- New Zealand electionsNew Zealand electionsMembers of New Zealand's House of Representatives, commonly called "Parliament", normally gain their parliamentary seats through nationwide general elections, or in by-elections. General elections normally occur at least every three years in New Zealand, and operate using the Mixed Member...
- Electoral system of New ZealandElectoral system of New ZealandIn 1994 New Zealand officially adopted mixed member proportional representation as its electoral system for the House of Representatives after many years of first-past-the-post voting. The first MMP election was held in 1996....
- New Zealand constitutionNew Zealand constitutionThe constitution of New Zealand consists of a collection of statutes , Treaties, Orders in Council, letters patent, decisions of the Courts and unwritten constitutional conventions...
Further reading
- Atkinson, Neill. Adventures in Democracy: A History of the Vote in New Zealand. Dunedin: Otago University Press, 2003.
- Catt, Helena. "The Other Democratic Experiment: New Zealand’s Experience with Citizens’ Initiated Referendum." Political Science 48, no. 1 (1996): 29-47.
- Church, Stephen. "Crime and Punishment: The Referenda to Reform the Criminal Justice System and Reduce the Size of Parliament." In Left Turn: The New Zealand General Election of 1999, edited by Jonathan Boston, Stephen Church, Stephen Levine, Elizabeth McLeay and Nigel S. Roberts. Wellington: Victoria University Press, 2000.
- James, Colin. "Riding into Battle over Socially and Morally Divisive Bills." New Zealand Herald, 29 July 2003.
- Miller, R. ed. New Zealand Government and Politics 4th edition, 2006, OUP
- New Zealand Press Association. "Referendum Call on Māori Seats" The Dominion, 5 MAY 1999, 2.
- Palmer, Geoffrey, and Matthew Palmer. Bridled Power: New Zealand's Constitution and Government. fourth ed. Melbourne: Oxford University Press, 2004.
- Parkinson, John. "Who Knows Best? The Creation of the Citizen-Initiated Referendum in New Zealand." Government and Opposition 36, no. 3 ( 2001): 403 - 21.
- Prince, John D. "Look Back in Amber: The General Licensing Poll in New Zealand, 1919-87." Political Science 48, no. 1 (1996): 48-72.
- Simpson, Alan (editor), Referendums: Constitutional and Political Perspectives, Wellington: Occasional Publication No.5, Department of Politics, Victoria University of Wellington, 1992.
- The Political Economy of Six O’Clock Closing (in New Zealand) Tim Mulcare. (Rich Text Format)
Overseas references
- David Broder: Democracy Derailed: Initiative Campaigns and the Power of Money: Harvest Books: 2001.
- Richard Ellis: Democratic Delusions: The Initiative Process in America: University of Kansas Press: 2002.
- Peter Schrag: Paradise Lost: California's Experience, America's Future? New York: New Press: 1998.