Identifier
Created
Classification
Origin
05WELLINGTON70
2005-01-26 21:59:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Wellington
Cable title:  

THE NEW ZEALAND ELECTIONS 2005: NEW ZEALAND'S

Tags:  PGOV PREL NZ 
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UNCLAS SECTION 01 OF 03 WELLINGTON 000070 

SIPDIS

SENSITIVE

STATE FOR EAP/ANP, EAP/RSP, EAP/EP, INR/EAP

E.O. 12356: N/A
TAGS: PGOV PREL NZ
SUBJECT: THE NEW ZEALAND ELECTIONS 2005: NEW ZEALAND'S
ELECTORAL SYSTEM

SUMMARY
-------

UNCLAS SECTION 01 OF 03 WELLINGTON 000070

SIPDIS

SENSITIVE

STATE FOR EAP/ANP, EAP/RSP, EAP/EP, INR/EAP

E.O. 12356: N/A
TAGS: PGOV PREL NZ
SUBJECT: THE NEW ZEALAND ELECTIONS 2005: NEW ZEALAND'S
ELECTORAL SYSTEM

SUMMARY
--------------


1. (SBU) This is the first in a series of reporting that
Embassy New Zealand and ConGen Auckland will provide in the
run-up to this year's Parliamentary elections. Although no
date has been set, the elections must occur before September

2005.


2. (SBU) Summary: The current Labour Government is
cautiously optimistic about the possibility of returning to
power for a historic third term. Their main opponent, the
National Party, is lagging behind, but hopes to improve on
its abysmal showing in the 2002 elections. Regardless of
which party captures more votes, New Zealand's Mixed Member
Proportional (MMP) System of elections and the inclusion of
specially-designated seats for the minority Maori population
virtually guarantee that the winner will need one or more
coalition partners to govern. This message explains the
composition of the New Zealand government; some of its
underlying institutions; and the complex MMP system and its
possible implications for the election. End summary.

OVERVIEW AND ROLE OF THE CONSTITUTION
--------------


3. (U) New Zealand is a sovereign state with a democratic
parliamentary government based on the Westminster system.
As in Canada and Australia, the British monarch is titular
Head of State of New Zealand. The Queen is represented by
the Governor-General, typically a New Zealander, who is
appointed by the Queen on the advice of the New Zealand
Government. Over the years, the Governor General's
ceremonial responsibilities have increased, while
constitutional duties have diminished. The current Governor
General is Dame Sylvia Cartwright.


4. (U) New Zealand's constitutional history dates back to
the signing of the Treaty of Waitangi in 1840, when the
indigenous Maori people ceded sovereignty over New Zealand
to the British Queen in exchange for citizenship. The New
Zealand Constitution Act of 1852 provided for the
establishment of a Parliament with an elected House of
Representatives. Universal suffrage was introduced in 1893.


5. (U) As in the United Kingdom, constitutional practice in
New Zealand is an accumulation of convention, precedent and
tradition, and there is no single document that can be
termed the New Zealand constitution. The Constitution Act

1986, however, updates, clarifies and consolidates in one
piece of legislation the most important constitutional
provisions that had been enacted in various statutes. It
provides for a legislative body, an executive and
administrative structure and specific protection for the
judiciary. In 2004, PM Helen Clark introduced a Commission
of Inquiry to address the effectiveness of NZ's
constitutional arrangements. Many believe that the Prime
Minister's real aim is to use the Inquiry to change New
Zealand's status from a constitutional monarchy to a
republic.


6. (U) Following the general election in July 2002, seven
political parties are represented in Parliament. The Labour
Party and the Progressive Coalition formed a minority
Coalition Government after the election. The United Future
Party has pledged to support the Coalition on confidence and
supply (that is, they vote with the Government on crucial
votes, including votes regarding spending). An arrangement
has also been reached with the Green Party for co-operation
on a range of policy and legislative matters. The Right
Honourable Helen Clark, the Leader of the Labour Party, is
Prime Minister and the Honourable Michael Cullen, Deputy
Leader of Labour, is Deputy Prime Minister.

PARLIAMENT
--------------


7. (U) Legislative power is vested in Parliament, a
unicameral body designated the House of Representatives.
There are currently 120 members, who are elected for three-
year terms through the general elections. All citizens and
permanent residents 18 years and over are eligible to vote
in elections. The Prime Minister usually decides the exact
election date, but elections must be held at regular three-
year intervals. The next New Zealand general election must
be held before September 27, 2005.


8. (U) Authority for raising revenue by taxation and for
expenditure of public money must be granted by Parliament.
Parliament also serves as a check on the Government by
having the power to pass a resolution of no confidence or to
reject any Government proposal made a matter of confidence.
In such cases the Government would be expected to resign.


9. (U) The executive branch of the Government of New Zealand
(GoNZ) is represented by the Executive Council, a formal
body made up of the Cabinet and the Governor-General, who
acts on the Cabinet's advice. The Cabinet itself consists
of the Prime Minister and his/her Ministers, who must be
chosen from among elected Members of Parliament. Each
Minister supervises and is responsible for particular areas
of government administration. Collectively, the Cabinet is
responsible for all decisions of the Government. The
judicial system in New Zealand is based on the British
model. By convention and the Constitution Act 1986, the
judiciary is independent from the executive.

HOW PARLIAMENT IS ELECTED
--------------


10. (U) Each electorate has a roll - a list of everyone who
is enrolled to vote. By law, all New Zealand Citizens 18
years or older, and eligible to vote, must be on the
electoral roll. Unlike Australia, however, it is not
illegal not to vote in New Zealand. Every New Zealand
citizen who is enrolled as an elector (i.e., voter) is also
eligible to be a candidate for election as a member of
Parliament.


11. (U) Voters of Maori descent are given an option to
decide which electoral roll they want to be on -- the
General roll or the Maori roll. Voters on the latter roll
elect candidates to fill the seven seats reserved for Maori
MPs. The numbers and boundaries of the General and Maori
electorates are reviewed after each five-year census and
after the voters of Maori descent decide which roll they
want to be on.


12. (U) As a result of a referendum held in conjunction with
the 1993 election, New Zealand has since 1996 used the
"Mixed Member Proportional" (MMP) system of elections to
Parliament. MMP is similar to the German Federal system's
Lower House elections. Under MMP, each voter has two votes,
one for a local electorate MP, and one for a political party
-- the latter represented by a list of candidates nominated
by each party in advance of the elections. Each registered
party's total number of Party Votes decides its share of
seats in Parliament.


13. (U) A person can be a "dual candidate" by standing for
an electorate seat as well as being on the party list. A
dual candidate who wins an electorate seat has his or her
name deleted from the party list.


14. (U) Before it is entitled to a share of Parliament
seats, a party must first qualify by "crossing the
threshold": either it must win at least five percent of all
the Party Votes cast at the election, or it must win at
least one General or Maori electorate seat. Each qualified
party is allocated enough Party Vote ("list") seats to add
to any electorate seats it has won so that its total number
of seats is close to its share of all the eligible Party
Votes cast. Parties fill their list seats by drawing off
the allocated number of candidates in the order in which
they appeared on the party's list, and voters cannot change
that order. The MPs chosen in this way are hereafter called
"list MPs."


15. (U) If a party wins more electorate seats than it is
entitled to have based on its share of all the Party Votes
it does not receive any list seats. It keeps the extra
seats (known as "overhang" seats) and the size of Parliament
increases by that number of seats until the next general
election. In the next (47th) Parliament, there will be 69
electorate MPs (62 General electorates and 7 Maori
electorates) and 51 list (i.e. Party Vote) MPs.


16. (U) After the election, the Government is formed by the
party or coalition, which can command a majority of the
votes in the House of Representatives. The leader of the
winning party becomes Prime Minister (although formally the
Prime Minister is selected by the Governor General). In
past years the PM has often chosen Ministers from coalition
parties. Both the Labour and National parties are likely to
use the prospect of such appointments to gain coalition
support from smaller parties in the 2005 election.

WHAT'S IN STORE FOR 2005
--------------


17. (SBU) With the next General Elections less than 10
months away, campaigning by political parties is already
beginning to heat up. It is likely that the two major
parties -- Labour and National -- will be battling for the
main honors. Key issues likely to be on the agenda for 2005
include: trade (particularly a US/NZ Free Trade Agreement),
tax reform (personal and company tax reduction),
constitutional issues (surrounding the Treaty of Waitangi),
health, education, crime and transport. We will profile the
various parties and report on their positions on campaign
issues in the months ahead.

Swindells