HUMAN RIGHTS IN NEW ZEALAND 20 1 0 This is well illustrated when people participate in demo- While many institutions reflect increasing diversity, cratic processes such as citizen-initiated referenda and the women, Mäori, Pacific peoples, young people, disabled Government does not act on the results. In 2009, there people and people of ethnic, cultural, religious and was a national referendum on section 59 of the Crimes linguistic minorities are under-represented in elected Act, which relates to the use of force in disciplining office. children. The referendum, which asked “Should a smack The Commission consulted with interested stakeholders as part of good parental correction be a criminal offence and members of the public on a draft of this chapter. The in New Zealand?”, highlighted a number of difficulties. Commission has identified the following areas for action Not only was the question ambiguous, but the process for to progress democratic rights in New Zealand. querying the wording was not generally well understood, effectively pre-empting the opportunity of challenging it. For many, however, it was more concerning that although 87 per cent of those who voted opted for “no”, the Government elected not to change the law (which it considered was working well). The section 59 debate illustrates the dilemma sometimes faced by governments being responsive to general public opinion and implementing human rights standards. Governments must maintain this balance in order to both stay in power and retain their moral authority to act. 59 Constitutional framework Reviewing the laws that make up our constitutional framework to ensure the Treaty, indigenous rights and human rights are fully protected. Legislative process Enhancing the transparency and accountability of the legislative process by tabling reports on the consistency of legislation with the BoRA on introduction and the third reading. Representation Increasing the representation of Mäori, Pacific and other Conclusion Whakamutunga New Zealand is a parliamentary democracy with universal suffrage and free and fair elections. Its structures and ethnic groups in local government. Disenfranchisement of prisoners Ensuring there is no further disenfranchisement of prisoners. processes are seen as largely democratic and there is general consensus on the ideal of a common citizenship without discrimination. Government accountability is recognised as important and public participation in decision-making is well understood and appreciated. The declining rate of voter turnout in both parliamentary elections and local body elections seems to reflect a loss of confidence in the benefits of participation. Mechanisms to ensure participation and accountability are not always effective, and have at times been undermined by unduly limiting opportunities for making submissions to select committees or passing legislation under urgency. There is also a strong sense of dissatisfaction by many Mäori about accountability by the Crown in relation to the Treaty of Waitangi. 59 In order for a government even to consider acting on the results of a referendum, petitioners need to achieve a credible turnout. Turnout is one objection that opponents raise against making such referendums binding. Others are public policy importance and comprehensibility (which the section 59 referendum arguably failed). 87