Nick Smith - Electoral Law

26 July 2018

Government changes to New Zealand MMP electoral law enabling a party leader to dismiss an MP would break the constitutional law Allied Powers put in place following the end of the Second World War, National’s Electoral Law spokesperson Dr Nick Smith says.

“The Government cannot justify this draconian law change on the basis of MMP. Germany has had MMP for over 70 years and has no such provisions. In fact, the Human Rights Commission has drawn to Parliament’s attention that it would be ironic and wrong for New Zealand to have insisted on specific democratic protections in Germany, but to be breaching those protections at home,” Dr Smith says.

It is not just Germany that has constitutional protections for MPs’ free speech. The European Court has over-ridden similar laws like those being proposed for New Zealand as undemocratic. The Supreme Court in Papua New Guinea struck down similar laws there in 2010.

New Zealand is putting itself in the company of totalitarian states like Zimbabwe, Pakistan and Sierra Leone with these electoral law changes.

“In these countries, Members of Parliament have been dismissed for challenging corruption in their own Government, for participating in a press conference without their leaders consent and for voting in Parliament differently to how their leaders instructed them. The Government is opening up the risk of this happening in New Zealand.

“New Zealanders should be deeply concerned that changes are being made to our electoral law that would be illegal and unconstitutional in most parts of the world. At a time when autocratic rulers are on the rise, New Zealand should be strengthening and not weakening our protections for democracy and free speech.

“This draconian bill that the Government accepts will have a ‘chilling effect on the expression of dissenting views by MPs’ must be abandoned.”

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