27850v2a Learners Guide
27850v2a Learners Guide
Learner’s Guide
LEGAL STUDIES
Demonstrate understanding
of New Zealand’s system
of government and its
formation and operation
Licensed to:
Western Heights High School
2018 - 2a © ATC New Zealand
www.instant.org.nz
i
About this
Learner’s Guide
Learning Purpose & Outcomes
In this guide you will you learn about New Zealand’s system of government. In particular, you will
learn about:
• New Zealand’s current voting system
• how a new government is formed
• the operation of the parliamentary system in New Zealand.
As you complete this guide, you will learn about the 2017 elections in New Zealand and how the
rules and requirements in relation to voting and government formation were followed.
A glossary has been provided at the end of this guide to help you understand new legal terms
and other words that may be difficult. Words that have been included in the glossary have been
highlighted in the main text.
Contents
Glossary 41
Images 42
LESSON 1:
New Zealand’s
voting system
Learning Objectives
In this lesson, you will learn about New Zealand’s voting system. In A space has been left
particular, you will learn about: on the right of every
page for you to make
the general features of New Zealand’s voting system notes about what
participants involved you are learning.
voting day
the MMP voting system.
You will also complete a case study based on the 2017 elections.
What is voting?
Voting is a process that allows people to choose
between a number of options on a particular
matter.
In New Zealand, people vote for who they want
to represent them in government. People vote for
representatives in government based on their individual opinion of
who would be the best person or political party to be in power.
This is called a general election.
Other
Political
The Media Interest
Parties
Groups
Check Your
Answer the following questions.
Understanding
4. Where does information about different political parties come from during the
elections?
Participants involved
Political Parties
Political parties are groups that want to be involved in the running
of New Zealand’s government. They each have different values or
beliefs about the best way to run the country.
Political parties want to get votes from the public. They try to
explain the policies that they have for the running of New Zealand.
For example, some parties may say that if they are elected into
government they will focus on protecting the environment. Other
parties may say that they will focus on improving the economy, and
so on. Each party will also put forward candidates who represent
the parties and share their views on policy.
Examples of political parties in New Zealand include the:
• Labour Party
• National Party
• Green Party of Aotearoa New Zealand
• New Zealand First Party
Note: You should go to the political party’s website to get the information that you
need for this task.
The Public
The public are the voters. They are responsible for
selecting the government who will run the country.
When it is election time, individuals must decide
which candidate and party they support. This
means they should have a good understanding of
the policies each party or candidate supports and
which policy they agree with.
When the public goes to vote there should be no other pressure
to make them vote for a particular party. The right to vote is an
important chance for voters to express their free will in terms of who
they want in the role of government. There are strict rules about
election advertising that the Electoral Commission will enforce.
Note:
If voters who are permanent residents leave the country for one
year they lose the right to vote in New Zealand elections. If New
Zealand citizens leave the country for more than three years
then then they lose the right to vote.
Once citizens and permanent residents have returned to New
Zealand they are again eligible to vote.
The Media
The media includes television, radio, newspaper, and online
resources. The role of the media is crucial in distributing information
to the public. The media is required to share information about
the policies that different parties have. The media interviews the
public to see what their reactions are to the proposed policies of
different political parties. They also conduct surveys to see what the
preferred political party is at any given time.
Some media outlets claim to be unbiased. This means that they do
not favour one political party over another in the material that they
produce. Other media outlets have strong support for one political
party. This is clear in the material that is distributed or sold by them.
Sometimes a party may discover through media that their policy is
not as popular as they thought. The party may then change their
policy in reaction to this.
Try it for List at least five media outlets that are popular in New
Yourself Zealand.
Voting Day
Step 1
Voting is completed by enrolled voters on Voting Day. For a General
Election, voting will take place on the date that is declared by the
current ruling party. Once this is decided, the Electoral Commission
will have organised for people to work on Voting Day at the polling
station.
The Electoral Commission has the overall responsibility for the
Credit: elections.org.nz
administration of elections. Their responsibility begins with making
sure that details on the Electoral Roll are correct and up-to-date.
The Commission will often undertake a special programme of
promotion and advertising to ensure that people are aware of their
obligation to register their correct details on the electoral roll. Note
that it is not compulsory to vote on Election Day but it is compulsory
to be enrolled, or registered to vote.
All people enrolled to vote are sent a voting card. By taking the
voting card along with them to the local polling station they are able
to make the process of voting easier. There are often several polling
station in the region to make it easier for people to vote.
Step 2
At the polling station, people are required to show their voting card
and relevant identification. A voting paper is given to the voter. The
voting will take place where no one else can see who the voter is
actually voting for. The reason for this requirement is to ensure that
the voter knows that they can vote for whomever they prefer without
feeling under pressure from any other person. They can then put
their voting paper into a locked collection box.
Step 3
Once the voting has taken place, the votes are then collected from
the polling booths in collection boxes. The voting papers in each
box are counted, with people from each political party checking that
the votes are counted properly. Having representatives from each
political party helps to ensure that there is fairness and transparency
in the voting process. Credit: elections.org.nz
Step 4
After the results have been counted, the preliminary results will be
made known to the public. As the results become available, there
is much speculation about who will be in Parliament and how the
government will be shaped.
There are many different ways that people can elect leaders through
voting. Each voting system has different strengths and weaknesses.
Since 1996, New Zealand has used an MMP voting system. MMP
standards for ‘Mixed Member Proportional’.
VOTE 2: The other vote is for a political party that the voter chooses.
This is called the party vote and it largely decides the total number
of seats that each political party will get if voted into Parliament.
One important element of the MMP system is that in order to
represent Parliament, the party must get over 5% of the votes
or one electorate seat. If they get 4% of the Party vote and no
electorate seat, then they will not be able to represent Parliament.
Example:
New Spring is a fictional country that uses MMP. There are 100
seats in the Parliament of New Spring.
The results of the 2016 elections in New Spring were:
41 (electorate) +
4 (party seats made up of list candidates)
21 (electorate) +
16 (party seats made up of list candidates)
0 (electorate) +
8 (party seats made up of list candidates)
8 (electorate) +
2 (party seats made up of list candidates)
0 10 20 30 40 50 60 70 80 90 100
If Black did not get over 5% of the Party vote, they would
not have been able to represent Parliament because they
did not win any electorate seats. However, they got enough
votes to secure eight seats.
There are many different ways that people can elect leaders through
voting. Each voting system has different strengths and weaknesses.
Since 1996, New Zealand has used an MMP voting system. MMP
stands for ‘Mixed Member Proportional’.
LESSON 2:
Formation of
the government
Learning Objectives
In this lesson, you will learn about the formation of the government
after general elections.
Election night results
Forming a coalition government
Formal creation of a government
Participants involved
You will also complete a case study based on the formation of the
government after the 2017 elections.
After voting has closed on election day, the results for the party and
electorate votes are counted. These are usually streamed live to the
public through the media. The greater the number of votes that have
been counted, the greater certainty there is about the final result.
Political analysts appear on the TV and radio and give their opinion
about which political parties may be in power. If one political party
gets over 50% of the seats in the house, then it is easy: they will
be the party that is in government. However, since MMP was
introduced to New Zealand in 1996, no one party has won over
50% of the seats. This means that parties have to work together in
a coalition. Political analysts will predict which parties could work
together based on the votes that each party has got and the policies
of each political party.
Sometimes the predictions made by the media about possible
coalition partners turn out to be wrong. The reason for this is that
the political parties may not be able to agree on working with each
other. These differences come down to basic ideological differences
about the way that the country should be governed. Sometimes the
preference of one party to work with another is made clear before
the general election. At other times the differences emerge only after
the parties have tried to negotiate an agreement with each other.
Under the MMP system, the party in power must have more than
half of the seats in Parliament to govern the country on their own.
This means that in most cases parties must work together to
form a government. This form of government is called a coalition
government.
In practice, New Zealand has two main political parties: Labour and
National. It is likely in an election that either Labour or National will
get the largest number of seats, but they will not get enough seats
to govern. This means that they need to look to smaller political
parties to build a coalition with.
The main parties and the minor parties need to discuss different
possibilities for coalitions. This is often a difficult time for parties
because, although they want to be in the government, they do not
want to compromise their values.
Example:
In the example in the previous lesson, the Red Party got 45 seats
in the House. Although this is the majority of the seats, it is not
enough to rule. The Red Party therefore
needs to form a coalition with another Party Seats
party. They could form a coalition with
Red 45
the Black Party or the Yellow Party
and this would put them well over the Blue 37
majority requirement.
Black 8
If the Red Party fails to form a coalition, Yellow 10
then the Blue Party could form one,
provided the Yellow Party and the Black Party wanted to join
with them. This would come down to the negotiations between
the parties.
Check Your
Answer the following questions.
Understanding
4. What are the names of the main political parties in New Zealand?
5. Since MMP has been introduced, have they ever been able to form a majority
government on their own?
Commission Opening
Parliament must be opened by Royal Commissioners (Senior
Judges).
They announce when the Governor-General will arrive.
Members Sworn In
Members must swear an oath of allegiance.
Speaker Elected
The Speaker of the House is elected with majority support.
Parliament Opened
Parliament is formally opened by the Governor-General.
Participants involved
Try it for Using the information in this guide, list the roles and
Yourself responsibilities of all the people mentioned above.
Governor-
General
Prime Minister
Coalition
Parties
Royal
Commissioners
Clerk of the
House
Speaker of the
House
In this section, you will learn how the government was formed in the
2017 elections.
Results
Here is a summary of the results. Only the parties that won seats in
Parliament have been listed.
Coalition outcome
The question as to who would form a government was an exciting
one for political commentators. The National government had
previously relied on the Māori Party, United Future, and Act for
coalition support. However, in the 2017 elections, only Act won a
seat out of these parties. This meant that National could only get a
coalition of 57 seats by relying on former coalition partners.
The Green Party has a policy of not forming a coalition with National
(due to political differences) so this meant that the only option for
National to form a coalition with was New Zealand First. If National,
Act, and New Zealand First formed a coalition together, they would
have 66 seats, which would be well over the 61-seat requirement.
*Note: Technically the Green Party is not part of the coalition government –
however, they have agreed to support Labour in return for Labour giving the Green
Party some ministerial positions and allowing some Green policies to be introduced.
promises that the different parties had to forfeit so that the different
parties could work together to form a government.
For example, New Zealand First wanted to remove the Māori seats
from Parliament (and have only one electoral roll), however this
campaign promise was conceded as Labour did not agree to it.
Check Your
Answer the following questions.
Understanding
4. How many seats did Labour, New Zealand First, and the Green part have all together?
5. Describe one of the problems that Labour had when it was discussing the
formation of the coalition with New Zealand First and the Green parties?
Once the coalition was agreed on, the formal process of government
formation was started.
Swearing in
The 52nd Parliament of New Zealand was formally opened on
the morning of 7 November 2017. Commissioners were sent to
the House on behalf of Governor-General Dame Patsy Reddy to
open Parliament. They declared Parliament to be officially open.
Members chose to take an oath or an affirmation of allegiance to the
Crown.
Here an excerpt from the speech written by the Governor-General:
LESSON 3:
Operation of the
Parliamentary System
Learning Objectives
In this lesson, you will learn about the following aspects of the
operation of New Zealand’s Parliamentary system.
The legislature
The executive branch
Participants involved
Accountability
You will also complete a case study on how the Labour government
that was voted into power operated in a coalition government.
Government
The term government can be confusing. In American English, the
term government means a group of people with the authority to
govern a country. It includes law makers as well as those who are
responsible for implementing the law. However, in British English,
the term government only means those who are responsible for
implementing the law. Often in New Zealand both of these meanings
are used interchangeably.
In this lesson the following terms will be used
a) The Legislature – law makers
b) The Executive Branch – those who are responsible for
implementing the law.
The Sovereign
The Sovereign is Queen Elizabeth 2 who
lives in England. She is represented by
the Governor-General. The role of the
Sovereign (and her representative, the
Governor-General) is really only a formality.
The Governor-General does not have any
decision making power in Parliament. The
Governor-General is, however, required to
sign all bills into law. Without the Governor-
General’s signature, the bill cannot become
law. However, it is extremely unlikely that the Governor-General
would ever refuse to sign a bill into law.
1 There are a number of exceptions to this. For example, Parliament cannot make laws that
are against fundamental human rights, they also cannot reverse court judgements or cannot
remove the powers of other branches of government.
Caucus
Every member of the House of Representatives (Parliament) belongs
to a political party. Each party in the House of Representatives will
hold its own caucus meeting so that the party can discuss party
strategy. Caucuses are not governmental bodies. They are part of
the organisational structure of political parties. This means that all
caucus meetings are confidential and the information discussed in
the meetings is not made publicly available.
Currently, caucus meetings are held weekly on Tuesday mornings.
They are only held on the weeks that Parliament is sitting.
The Sovereign
The Sovereign (the Queen) is represented
by the Governor-General and has the role of
formally appointing or dismissing the Prime
Minister. He or she also is the chair of the
Executive Council. The Executive Council is
made up of all Ministers of the Crown. The
role is to oversee the functions of cabinet.
(You will find out more about Cabinet in the
next section). The current Governor-General is
Patsy Reddy.
Cabinet
Cabinet is an official executive government meeting. Cabinet
includes Ministers of Government who oversee the running of
Ministries or other areas of responsibility. For example, Cabinet
would include the Minster for Health, the Minister for Education,
the Minister for Transport and so on. Sometimes one MP may be
Minister of more than one department.
The role of Cabinet is very important as it gives Ministers time to
discuss policy together. If a Minister seems to be making decisions
outside the expectations of Cabinet, they may find that the portfolio
they have is removed from them.
Cabinet meetings are held on most Mondays.
Participants involved
In the previous section, you read about many participants who are
involved in the operation of the government (both the Legislature
and the Executive Branch).
• The Sovereign • Members of Parliament
• The Governor-General • Ministers of the Crown
The Sovereign
The Governor-
General
Members of
Parliament
Ministers of the
Crown
Accountability
Check Your
Answer the following questions.
Understanding
3. How is it accountable?
Glossary
www.instant.org.nz