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S e cti o n T w o – c iv il and politi cal rights
National general electoral system
The new commission will have all the functions of
The first general election using the mixed member pro-
the original agencies relating to electoral administra-
portional system (MMP) was held in 1996. Under MMP
tion – information on electoral issues and reviews of
every person has two votes – one for a party and one for
the electoral system – as well as providing an advisory
an electorate candidate. The party vote determines the
opinion on whether a draft advertisement is an election
overall distribution of parliamentary seats in the House
advertisement for the purposes of the Electoral Act.
of Representatives. To be entitled to a seat in Parliament,
a registered party must gain more than 5 per cent of
Local government electoral system
all the party votes or win at least one electorate seat.
There are three types of local government in New
A referendum will be held in conjunction with the 2011
Zealand: regional, territorial (cities and districts) and
general election to indicate whether voters want to retain
unitary (combining the functions of a regional and
the current MMP voting system.
territorial council).
The Mäori electoral option
Local government does not have a formally recognised
After each census, the process of redrawing electorate
constitutional status, although Parliament’s Standing
boundaries begins with a four-month Mäori electoral
Orders give local authorities the right to promote
option. During this period, Mäori can choose to be on
legislation affecting their own districts independently of
either the Mäori electoral roll or the general roll. The
central government. Local authorities enjoy considerable
results form the basis for calculating the Mäori electoral
independence from the Government, but must act within
population and the general electoral population, and
the legal framework established by Parliament.
determine the number of Mäori seats for the following
two general elections.
Local government elections occur every three years under
the Local Electoral Act 2002, which establishes principles
Currently, the 122 seats in Parliament consist of 63 from
to ensure fair and effective representation for individuals
general electorates, seven from Mäori electorates and 52
and communities in local government. It also allows
from party lists. The 2008 election created an overhang of
regional councils to provide Mäori seats and a triennial
two seats.
representation review for choice of the electoral system.
Citizens-initiated referenda
To date, only one council (Environment Bay of Plenty) has
The Citizens Initiated Referendum Act 1993 (CIR Act) provides a process for individuals and corporate bodies to
allocated specific seats for Mäori. The electoral systems
available for loca-body elections are ‘first past the post’
initiate national referenda on any subject if 10 per cent of
(FPP) and ‘single transferable vote’ (STV).
registered voters sign a petition in support. The results of
Local Government Act 2002
such referenda are indicative only and not binding on the
The Local Government Act 2002 (LGA) requires local
Government.
authorities to promote the social, economic, environ-
Election oversight and review
mental and cultural well-being of their communities,
As part of the electoral reform package, the Electoral
in a way that is sustainable now and in the future.
Act 1993 was amended to establish a new Electoral
It promotes the accountability of local authorities to their
Commission as an independent Crown entity. The new
communities 15 and respect for the Crown’s responsibili-
Commission will merge the functions of the Chief Elec-
ties under the Treaty of Waitangi, and provides oppor-
toral Officer and the Electoral Commission from 1 October
tunities for Mäori to contribute to local government
2010. 14 The
Chief Registrar of Electors’ responsibility
decision-making. 16 Part 6 requires local authorities to
for the electoral role will transfer to the new Electoral
involve citizens in decisions that affect their lives, by
Commission in October 2010.
setting out principles for consultation with communities,
14 This was an action point in the previous Action Plan.
15
LGA 2002, section 3(c)
16 LGA 2002, section 4