New Zealand Electoral Integrity Laws and the Fight Against Waka Jumping
The landscape of New Zealand politics underwent a seismic shift following the 1993 referendum, which implemented the Mixed-Member Proportional (MMP) electoral system. This system, which allows voters to cast two votes—one for a local candidate and one for a party—replaced the former two-party dominance and encouraged a more diverse parliamentary makeup.
However, this transition triggered a period of instability characterized by frequent defections and political re-alignments. In the two parliaments preceding 2001, 22 Members of Parliament (MPs) defected from their parties. This phenomenon became known as waka jumping, where MPs leave the party under which they were elected to become independents or join other parties.
[ไม่มีภาพประกอบ]Key Facts
- MMP Transition: The shift to Mixed-Member Proportional representation in 1993 led to the rise of new parties like New Zealand First and ACT.
- Waka Jumping: A term used to describe MPs defecting from their party, which was highly prevalent in the late 1990s.
- 2001 Act: The first Electoral (Integrity) Amendment Act required list MPs to resign if they left their party caucus.
- 2018 Act: Current legislation (Section 55A of the Electoral Act 1993) allows party leaders to trigger the expulsion of defecting MPs.
- List vs. Electorate: Integrity laws primarily target list MPs; electorate MPs who change parties can contest a by-election to retain their seat.
The Electoral (Integrity) Amendment Act 2001
To curb the frequency of waka jumping, the Labour Party and its coalition partner, the Alliance, promoted the Electoral (Integrity) Amendment Act 2001. Introduced by Associate Justice Minister Margaret Wilson in 1999, the law mandated that any MP who entered Parliament via a party list must resign if they left their party's parliamentary caucus.
Despite its intent, political parties found loopholes to bypass the legislation. A notable example occurred in 2002 when the Alliance party split over the invasion of Afghanistan. Jim Anderton remained the nominal leader of the Alliance within Parliament while simultaneously campaigning as the leader of the newly formed Progressive Party. This ambiguity contributed to Prime Minister Helen Clark's decision to call an early general election in 2002.
The 2001 Act was used only once to expel a list MP: Donna Awatere Huata of the ACT Party. After being charged with fraud, the ACT caucus voted to expel her in December 2003. Following a legal battle, the Supreme Court finalized her expulsion in November 2004. The Act eventually expired at the 2005 election due to a sunset clause—a provision that ensures a law automatically expires after a specific date.
The Electoral (Integrity) Amendment Act 2018
After years of renewed instability, the Electoral (Integrity) Amendment Act 2018 was passed on October 3, 2018. Now codified as section 55A of the Electoral Act 1993, this law provides a more permanent solution to waka jumping. Unlike the 2001 version, this Act contains no sunset clause.
Under the current rules, if an MP leaves or is expelled from their party, the party leader can issue a notice to the Speaker of the House. This notice triggers the MP's expulsion from Parliament, leaving the seat vacant. This legislation was a result of the coalition agreement between the Labour Party and New Zealand First, with the Green Party providing begrudging support under a confidence-and-supply agreement.
[ไม่มีภาพประกอบ]Attempts to Repeal the 2018 Act
The 2018 law has not been without controversy. In July 2020, National Party MP David Carter introduced a member's bill to repeal the Act. The repeal effort gained unexpected support from the Green Party, and the bill passed its first reading with a vote of 64 to 55.
However, the momentum stalled following the 2020 general election. During the second reading in May and June 2021, the Labour Party utilized its majority of 65 seats to block the bill, ensuring the integrity laws remained in effect.
Summary of Electoral Integrity Legislation
| Feature | 2001 Amendment Act | 2018 Amendment Act |
|---|---|---|
| Primary Mechanism | Required list MPs to resign upon leaving caucus | Party leader notifies Speaker to vacate the seat |
| Duration | Temporary (Sunset clause until 2005) | Permanent (No sunset clause) |
| Key Legal Case | Donna Awatere Huata (ACT) | N/A |
| Political Drivers | Labour and Alliance | Labour and New Zealand First |
Frequently Asked Questions
What is "waka jumping" in New Zealand politics?
Waka jumping refers to the practice of Members of Parliament leaving the political party they were elected under to become independent members or join a different party.
Does the integrity law apply to all MPs?
The laws primarily target list MPs. Electorate MPs who change parties are not automatically expelled but may be required to fight a by-election to maintain their seat in Parliament.
Why was the 2001 Act considered ineffective?
The 2001 Act was bypassed by politicians using nominal leadership roles to maintain their seats while campaigning for new parties, and it eventually expired due to a sunset clause.
How does the 2018 Act differ from the 2001 Act?
The 2018 Act is permanent and gives the party leader the direct power to notify the Speaker to vacate a defecting MP's seat, rather than relying on the MP's resignation.
Was the 2018 Act ever successfully repealed?
No. Although a repeal bill was introduced by David Carter and passed its first reading, the Labour Party used its parliamentary majority in 2021 to block its passage.