HUMAN RIGHTS IN NEW ZEALAND 20 1 0 can be measured by the extent to which Mäori are able Constitution Act and Electoral Act to govern relevant aspects of Mäori life and participate The Constitution Act 1986 vests power in Parliament in Mäori structures and organisations, including whänau, and entrenches the three-year parliamentary term. The marae, hapü and iwi. Electoral Act 1993 sets out the structures and processes Article 3 affirms the equal citizenship rights of all New Zealanders, including Mäori. This may be measured by the extent to which New Zealanders are proportionately represented in the institutions of the State and can participate in political processes, such as voting. Article 3 also promises the Queen’s “royal protection” to Mäori. A measure of this protection would be the well-being of Mäori. for holding national general elections (including the creation of electoral districts and the method of voting), defines who can vote, and describes the qualifications for members of the House. Certain provisions in the Electoral Act are also entrenched. Certain groups are disqualified from voting under section 80 of the Electoral Act. They include New Zealand citizens who are not (and have not been for the three years prior) in New Zealand at the time of the election; New Zealand Bill of Rights Act 1990 (BoRA) some detainees under the Mental Health (Compulsory The BoRA affirms New Zealand’s commitment to the Treatment and Assessment) Act 1992; certain categories ICCPR. 12 Section 12 states: of prisoners; and people on the Corrupt Practices List. At Every New Zealand citizen who is of or over the age of 18 years: (a) has the right to vote in genuine periodic elections of members of the House of Representatives, which elections shall be by equal suffrage and by secret ballot (b) is qualified for membership of the House of Representatives. Equal suffrage has been interpreted as meaning every vote carries equal weight and has equal influence. It requires that elections be ‘genuine’ and accurately reflect the will of the people and be free from intimidation or fraud. 13 the time of writing this chapter, legislation – the Electoral (Disqualification of Convicted Prisoners) Amendment Bill – that would amend the Electoral Act to disqualify all convicted prisoners from voting had passed its second reading in Parliament. In 2007, the Electoral Finance Act introduced more rigorous requirements for election campaigning by third parties or parallel campaigners. It also included a stricter regime for disclosure of political donations and increased the criminal penalties and time limits for prosecution for electoral finance offences. The act was repealed in 2009 in the face of wide-ranging criticism about the restrictions on freedom of expression, and concerns about the parallel campaigning regime generally. The former provisions of the 1993 act relating to campaign expenditure and Although section 12 is limited to national elections advertising were reinstated, and the provisions of the and does not refer to the right to take part in public 2007 act relating to donations and criminal sanctions affairs, the BoRA provides for a range of other rights were inserted into the Electoral Act 1993. and freedoms that are central to democracy and which Following an extensive consultation process, legislation relate to the ability to participate in public affairs, such as was introduced in 2010 to further amend the Electoral freedom of thought, conscience and religion (section 13), Act 1993. The Electoral (Finance Reform and Advance freedom of expression (14), association (17) and peaceful Voting) Amendment Bill is designed to ensure greater assembly (16), and freedom from discrimination (19) on certainty and transparency in the conduct of the electoral the grounds provided for in section 21 of the Human process and increase public confidence in the outcome of Rights Act 1993 (HRA). elections. 12 In New Zealand, the right to vote extends to all permanent residents. 13 Butler P and Butler A (2005), The New Zealand Bill of Rights: A Commentary (Wellington: LexisNexis), para 12.8. See also discussion below on “free and fair elections”. 77