27850v2a Learners Guide

US 27850 v2a
Learner’s Guide
LEGAL STUDIES
Unit Standard 27850

Version 2 | Level 1 | Credit 4
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
US27850v2a Learner's Guide Licensed to Western Heights High School

Demonstrate understanding of New Zealand’s system 27032018-US27850-133620 INSTANT Education Solutions
of government and its formation and operation 2a © ATC New Zealand www.instant.org.nz
ii
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.
Licensed to Western Heights High School US27850v2a Learner's Guide

27032018-US27850-133620 INSTANT Education Solutions Demonstrate understanding of New Zealand’s system
2a © ATC New Zealand www.instant.org.nz of government and its formation and operation
iii

1
Contents
New Zealand’s voting system 2

Participants involved 6
Voting Day 9
MMP voting system 10
Case study: the 2017 Elections 14
Formation of the government 17

Election night results 18
Forming a coalition government 19
Formal creation of a government 21
Case Study: the 2017 Elections 24
Operation of the Parliamentary System 31

The Legislature (Parliament) 32
The Executive Branch 34
Accountability 37
Case Study: The current government in action 39
Glossary 41
Images 42

2
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.
What do people specifically vote for in a general

election?
People vote for a political party to be the government of New
Zealand. The government takes care of the key services that are
important to our country such as education institutions, health
institutions, transport, and so on. The government will make or
change the way things are run according to their policies.
People are also voting for Members of Parliament. Parliament is the
highest law making body in New Zealand. Members of Parliament
are those who make decisions about what laws should be made or
altered in New Zealand. Parliament is made up of
a) the ruling party/parties (the government or executive branch)
b) the opposition parties (those who could not form a government,
but were still elected into Parliament)

3
LESSON 1: New Zealand’s voting system
When does voting happen in New Zealand?

General elections happen in New Zealand about once every three
years. This is a very important time in New Zealand. Before the
elections, voters make sure that they are enrolled to vote and
political parties try to get voters to vote for them.
Who can vote in NZ?

Anyone who is a permanent resident, or citizen of New Zealand,
and over the age of 18 is able to vote. In order to vote, the person
must be registered on the electoral roll. The roll records the name,
address, and occupation of each eligible voter in the district.
Registering on the electoral roll is a simple process. People only
need to fill out and sign a form.
One group of community members are not eligible
to vote: those in prison. In 2010, the New Zealand
government removed the rights of those in prison
to vote if they have been sentenced to more than
three years in prison. Many people in New Zealand
have argued that this law is against the Bill of
Rights Act 1990 and the Human Right Act 1993.
What law covers elections?

Legal regulations relating to elections in New Zealand are covered by
the Electoral Act 1993. Examples of key sections in the Act include:
• Part 5 of the Act which contains provisions that address the
registration of voters on the Electoral Roll.
• Section 82 which states that it is compulsory to register your
details on the Electoral Roll.
• Section 116 which states that it is an offence to use information
on the electoral role for any illegal purpose. If there is a breach of
this section a fine of up to $50,000 may be imposed.
The Electoral Act 1993 was created so that the
voting system remains fair and transparent. In
order for votes to be fair, the public needs accurate
information about the different political parties and
the people running for government. It is important
that laws relating to elections are followed closely
so the public has the information that they need.
Who influences elections?

During election time, the public gets their
information from a wide variety of sources. These
sources have to be careful that the information
they give to the public is correct and does not go
against the Electoral Act 1993.

4
Groups that give information during the elections include:
Other
Political
The Media Interest
Parties
Groups
You will learn more about these groups/organisations in the next

section.
Check Your
Answer the following questions.
Understanding
1. Who can vote in elections in New Zealand?
2. Who cannot vote?
3. What law covers the elections in New Zealand?
4. Where does information about different political parties come from during the
elections?

5
1. Go to Part 5 of the Electoral Act 1993. Read through

Research sections 72 – 124. List 10 requirements that electors have
tasks in relation to enrolling to vote.
2. Go to Part 7 of the Electoral Act 1993. Read through
sections 215 – 222. Name and describe 10 practices that
are illegal (or corrupt) under the Act.
3. Go to the Voting section of Part 6 of the Electoral Act 1993.
Read through sections 163 – 171. What are some rules that
relate to voting on Election Day?
Note: An electronic version of the Electoral Act is available
from www.legislation.govt.nz

6
Participants involved
There are many different participants in the voting process.
The Electoral Commission

The role of the Electoral Commission is to administer the elections.
The Commission’s work is divided across two teams:
• Electoral Commission National Office
The National Office deals with:
• political party donations
• candidate registration
• political advertising
• election day organisation.
• Enrolments Office
The Enrolment Office deals with:
• enrolling voters
• updating the electoral roll
• maintaining the electoral roll database.
The National Office’s overall role is to ensure that the whole system
of voting remains fair and transparent. The Commission has the
power to check the donations and expenses of the political party
candidates to make sure that no laws associated with the elections
have been broken.
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

7
Research two different New Zealand political parties

Try it for listed on the previous page. What different policies do
Yourself these parties have? Which party appeals to you? Why?
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.

8
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.

9
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.

10
MMP voting system
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’.
How does the system work?

Under MMP, each enrolled voter gets two votes:
VOTE 1: One vote is for a candidate from an electorate. Electorates
are regional voting areas. Candidates from these electorates will
belong to main political parties.
There are 64 general electorates and 7 Māori electorates in New
Zealand. People of Māori descent can either choose to vote for
candidates representing the general electorate or the Māori electorate.
The person in each electorate with the most votes is the winner.
The following map highlights the electorates in New Zealand.

11
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:
Party Electorate won Party Votes (%)

Red 41 45
Blue 21 37
Black 0 8
Yellow 8 10
Total 70 100
The percentage of party votes received for each party needs to

be converted into seats. These seats will be made up firstly from
the electorate seats won and then by any list seats (seats for
party members who did not win any electorate seat). Each party
will have the following seats in the New Spring Parliament:
41 (electorate) +
4 (party seats made up of list candidates)
21 (electorate) +
0 (electorate) +
8 (electorate) +
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.

12
A party needs at least half of the seats to form a government (be

the ruling party). In this situation above, no party has over half the
seats. In the next lesson, you will learn how a government can be
formed when one party does not have enough seats to represent the
government.
Go to the following link to watch a video about how

Try it for MMP works. As you watch the video, write notes about
Yourself what you have learnt.
Video link: http://www.elections.org.nz/voting-system/
mmp-voting-system

13
Replacement of an old system

MMP was introduced into New Zealand in 1996. Before this time, New
Zealand used the First Past the Post (FPP) system. Under FPP, New
Zealand was divided up into voting areas called electorates. However,
the number of people in each electorate was not exactly the same.
One of the problems was that the number of people in some
electorates were less than other areas. However, regardless of how
many people each Member of Parliament (MP) represented, there
was only one MP for each area. At the end of the election, the party
in power would be the one with the most MPs.
Sometimes when individual votes for a MP and their party were
added across the country the ruling party was not the one with the
most votes. See the table below to see how this situation could occur.
Area Voters MP Party MP Name

Auckland 120,000 Red Mr Thomas
Waikato 80,000 Blue Mr Indar
Tauranga 23,000 Red Mrs Chan
Hawkes Bay 12,000 Blue Mrs Smith
Wellington 15,000 Blue Mr Manu
Winning Party is Blue Party with 3 MPs

The Blue Party has a total of 107,000 votes
The Red Party has lost but has 143,000 votes
The example and numbers used in the table are fictional; however,
the effect of FPP voting was that the party in power was not actually
the party with the most votes. This effect of FPP was seen as a
weakness in the FPP voting system because FPP was a voting
system that did not truly represent the views of society.
The MMP system was seen as a better alternative to FPP because
this inconsistency does not occur as often.

14
Case study: the 2017 Elections
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’.
Timing of the Election

The general election of 2017 was held on 23 September 2017.
Parliament was dissolved by the Governor-General on 22 August
2017. At this time, the Governor-General issued a notice to the
Electoral Commission stating that they should make all necessary
arrangements to conduct a general election.
Electoral Act 1993

125 Writ for general election
Whenever Parliament is dissolved or expires, the Governor-General must,
not later than 7 days after the dissolution or expiration, issue a writ in form
3 to the Electoral Commission requiring the Electoral Commission to
make all necessary arrangements for the conduct of a general election.
Political parties involved in the 2017 election

Every year, political parties must maintain their registration with the
Electoral Commission. Those parties that are registered under s71A
of the Electoral Act 1993 are eligible to contest the general election.
The main political parties in the 2011 Election were:
• National • NZ First
• Labour • Māori
• Green • Act
• United Future • Opportunities
Each party and its candidates campaigned on key political issues.
For example:
• the National campaign included a focus on building a series of
new roads at a cost of $10.5 billion as well as the creation of a
new youth military boot camp.
• the Labour campaign included a promise to increase Working
for Families benefits as well as to introduce a winter heating
supplement for people on superannuation and benefits.
• the Greens had policies on reforming social welfare, add a levy
on bottled water, and free public transport for students.

15
Polls and predictions

Between 2014 and 2017, the
National government was
consistently polled as the preferred
party in most opinion polls. Polls
showed that it would secure over
40% of the vote. However, it would
require at least 50% of the vote to
rule alone, and most polls showed
that this would not happen.
In August 2017, Andrew Little resigned as leader of the Labour
Party, and Jacinda Arden took his place. This change, as well as
scandal in the Green Party, meant that Labour gained in popularity.
By the end of August 2017, many opinion polls were showing
Labour with over 40% of the vote, whereas only a month before
Labour had difficulty securing 30% of the vote.
By the end of the campaign period, the possible winner of the

elections was unclear. Although National was in the lead, many
commentators were unsure whether they would receive enough
votes to meet the 50% threshold themselves or have coalitions
partners who would be willing to work with them. It was possible
that Labour could meet the 50% threshold if they formed a coalition
with the Green and New Zealand First parties. Many commentators
labelled New Zealand First as the possible election decider, as they
could choose to work with the National government or the Labour
government (with the Greens).

16
The table below shows the outcome of the 2017

Check Your general election. Answer the questions the follow
Understanding with reference to this table.
Area Voters % of votes Seats

% Change Electorate List Total Change
National 1,152,075 44.45 −2.59 41 15 56 −4

Labour 956,184 36.89 +11.76 29 17 46 +14
NZ First 186,706 7.20 −1.46 0 9 9 −2
Green 162,443 6.27 −4.43 0 8 8 −6
ACT 13,075 0.50 −0.19 1 0 1 0
Opportunities 63,260 2.44 +2.44 0 0 0 0
Māori 30,580 1.18 −0.14 0 0 0 −2
Legalise Cannabis 8,075 0.31 −0.14 0 0 0 0
Conservative 6,253 0.24 −3.75 0 0 0 0
Mana 3,642 0.14 −1.28 0 0 0 0
1. Which parties won seats in government?
2. Which parties did not win any seats in government?

17
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
You will also complete a case study based on the formation of the
government after the 2017 elections.

18
LESSON 2: Formation of the government
Election night results
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.
Have you watched the election results being released on

Try it for television before? Explain what you saw.
Yourself Note: If you have not watched the election results being
released before, ask someone who has.

19
Forming a coalition government
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.
Confidence and supply agreements

The minor parties who agree to be in a coalition with the main
party will sign confidence and supply agreements. A confidence
and supply agreement is an agreement that a minor party makes
to support the government in its new policies. This is the way that
the main party (who will be responsible for running the government)
can ensure that its policies will be made into law. It will always have
enough votes because the members of parliament from its own
party and the minor coalition parties will support it.

20
Check Your
Understanding
1. What percentage of seats does a party need to have in order to form a

government?
2. Which parties did not win any seats in government?
3. How is a coalition formed?
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?
6. Do you think it is good to have a coalition government? Why? Why not?

21
Formal creation of a government
Once a group of political parties have made an arrangement where

they form a majority of the seats in the house, the government can
be formed.
Stage 1: Make sure a government can be formed

Firstly, the Governor-General will meet with the parties who have
enough members to form a government.
The Governor-General is the Queen’s representative. The Governor-
General plays a key role in the formation of a new government. In
fact, the Governor-General is responsible for the government, so it is
important that the Governor-General approves of a government that
is likely to be stable.
The first role of the Governor-General is to find out which political
parties are capable of forming a government.
The Governor-General will also accept the Member of Parliament
who the party or coalition has selected to be Prime Minister. The
Prime Minister is the representative of the government. He or she
is required to act as a key spokesperson for the Government and
Parliament. The Prime Minister plays a lead role in the swearing in of
the new government as he or she is required to sign the swearing in
document that is presented by the Governor-General.
Stage 2: Summon to Parliament

The Governor-General must summon the Members of Parliament
within six weeks of the general election results being finalised.
Stage 3: Establish Parliament

Parliament is established according to a number of set traditions.
a) Three Royal Commissioners (usually senior judges) come into
Parliament buildings and read a proclamation that summons
Parliament. The role of the three Royal Commissioners is largely
ceremonial. They read out a proclamation that has called
Parliament and they tell Parliament that the Governor-General will
soon attend Parliament.
b) The MPs are sworn in by the Clerk of the House. The Clerk of the
House is responsible for administrative related tasks in the House
of Representatives. In addition to swearing members in, the Clerk
is also required to discharge the functions of the office, ensure
Parliamentary rules are followed, and record Parliament decisions.

22
c) The Speaker of the House is elected through a vote. The role

of the Speaker of the House is to preside over Parliament. The
Speaker determines who should speak and can grant or decline
requests for certain events, such as a debate on a particular
issue.
d) Parliament is formally opened by the Governor-General. The
state opening takes place in the Legislative Council Chamber.
This chamber is not the one where the MPs usually sit. In this
chamber there is a throne. The Governor-General’s messenger,
called the Usher of the Black Rod, is sent to call the MPs to the
throne to hear the speech of the Governor-General. The speech
contains information about the government’s policy directions
for the Parliament. After the speech, MPs can return to the main
debating chamber to resume normal business.
This diagram summarises the process:
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.

23
The previous section highlighted a number of different roles that are

part of the government formation process. These roles include:
• Governor-General • Royal Commissioners
• Prime Minister • Clerk of the House
• Coalition Parties • Speaker of the House
Try it for Using the information in this guide, list the roles and
Yourself responsibilities of all the people mentioned above.
Name Role and responsibilities
Governor-
General
Prime Minister
Coalition
Parties
Royal
Commissioners
Clerk of the
House
Speaker of the
House

24
Case Study: the 2017 Elections
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.
Party Votes % Votes Electorate List Total

Seats Seats
National 1,152,075 44.45 41 15 56
Labour 956,184 36.89 29 17 46
NZ First 186,706 7.20 0 9 9
Green 162,443 6.27 0 8 8
ACT 13,075 0.50 1 0 1
If a party gets 61 or more seats, they are able to

run the government. However, no party got 61
seats (or more) in elections. This meant that the
parties had to form a coalition.
Any party with seats in the House could try to form
a coalition. Just because National had the majority
of seats did not necessarily mean that they would
be able to form a coalition easily – especially if
other political parties voted into the House did not
support their policies.
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.

25
However, Labour was also in a position

to form a coalition government. Labour
and the Green Party had previously stated
that they would work together. This meant
that Labour could form a coalition of 54
seats. In order to have enough seats to
gain control of the government, it would
need another six seats. These seats would need to come from New
Zealand First. If Labour, the Greens and New Zealand First worked
together, they would have 63 seats – which would be sufficient.
After a few weeks of intense discussion between the political
parties, New Zealand First leader, Winston Peters, announced that
he intended to form a minority coalition government with the Labour
Party, with a confidence and supply agreement from the Green Party.
Labour government coalition partners

Labour 46
New Zealand First 9
Green (confident and supply agreement) 8
63
*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.
The results of this election were historic for a number of reasons:

• This is the first government in New Zealand under MMP
where the party that won the most votes is not part of the
government. National won 44.45% of the votes, whereas
Labour only won 36.89% of the vote.
• Jacinda Arden became New Zealand’s third female prime
minister.
• Winston Peters was reappointed as the Deputy Prime
Minister, a role he previously held in 1996-1998.
Issues with forming the coalition

There were a number of issues that
Labour faced with forming a coalition
government. The biggest issue was
how Labour could form a partnership
with two other parties that held very
different political views. There were
a number of political campaign

26
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.
“The agreement we have reached is a

summation of the policies that survived the
negotiations. As the song says, “You can’t always
get what you want.”
“Our negotiations have taken place against a
backdrop of changing international and internal
economic circumstances which we cannot ignore.”
“We’ve had to make a choice, whether it was with
either National or Labour, for a modified status
quo, or for change. In our negotiations both
National and Labour were presented with that
opportunity.”
“Working together, cooperating together, for New
Zealand. We choose a coalition government of
New Zealand First with Labour.”
“I thank the New Zealand First

Party and Leader Winston Peters for agreeing in
principle to a coalition arrangement with Labour.”
“The negotiations have been courteous,
constructive and robust. Throughout, we have
focused on our shared values and the policies that
can take New Zealand forward.”
“We are both committed to forming a strong and
durable government that can deal with the many
challenges this country faces.”
“The Green Party is now undertaking its internal
approval process before we confirm final
arrangements to form a Labour-led progressive
Government. This too has been an excellent process,
which I thank James Shaw and his team for.”
“This is an exciting day. We aspire to be a
government for all New Zealanders and one that
will seize the opportunity to build a fairer, better
New Zealand.”

27
“I am confident the agreement reached with

Labour will deliver the most green change of any
Government in New Zealand’s history.”
“This is an historic moment for the Greens. We
have spent nearly 30 years working towards
being part of Government to deliver change for
our people and our environment. It’s the first time
the Green Party will hold Ministerial positions to
deliver real change that benefits our country.”
“The Green Party shares many goals and values
with Labour and NZ First. I look forward to
working with Jacinda Ardern as Prime Minister
and with Winston Peters in a genuine MMP
Government.”
Check Your
Understanding
1. Who received the most seats in the 2017 elections?
2. Which parties formed a coalition together?
3. Why did National not form a government?
4. How many seats did Labour, New Zealand First, and the Green part have all together?
Continued on next page...

28
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:
Written by Her Excellency The Rt Hon Dame Patsy

Reddy, GNZM, QSO, Governor-General of New
Zealand, on the occasion of the State Opening of
Parliament, Tuesday 7 November 2017.
It is a privilege for me to exercise the prerogative of Her Majesty
the Queen and open the 52nd Parliament.
In September, New Zealanders cast their votes in the general election.
After final results were announced on October 7, negotiations began
towards the formation of a new government. That government

29
has been formed by way of a Coalition Agreement between the

New Zealand Labour Party and the New Zealand First Party, and a
Confidence and Supply Agreement between the New Zealand Labour
Party and the Green Party of Aotearoa New Zealand. The government
took office when I swore in the Prime Minister the Right Honourable
Jacinda Ardern, the Deputy Prime Minister, the Right Honourable
Winston Peters, and other Ministers from the Labour, New Zealand
First, and Green parties.
The government enjoys the confidence of a clear majority of members
in the House of Representatives. It also enjoys the confidence of a
majority of New Zealanders who voted in the general election. Its
formation marks an important moment in the evolution of the mixed
member proportional representation system – a system that was
designed to ensure that governments could only be formed with the
support of a majority of voters.
This new government was formed by negotiation – but it was a
negotiation that allowed each party to remain true to its values and
honour its core election commitments. This government will not be
a government of parties acting separately, it will act clearly as one
government in the best interests of all New Zealanders.
This will be a government of inclusion. All who live in this country are
entitled to respect and dignity; all are entitled to live meaningful lives;
all are entitled to care and compassion. Everyone should have a roof
over their head and be warm in winter. Everyone should have food and
a table to put it on.
This will be a government of transformation. It will lift up those who
have been forgotten or neglected, it will take action on child poverty
and homelessness, it will restore funding to education and the health
systems to allow access for all, it will protect the environment and take
action on climate change, and it will build a truly prosperous nation
and a fair society, together.
This will be a government of aspiration. It aspires to make this a nation
where all cultures and human rights are valued, where everyone can
have decent housing and meaningful work, where education is free and
good ideas flourish, where children live surrounded by creativity and
love, and are encouraged to reach their full potential, and where we
become world leaders on environmental issues and climate change.
This government aspires for this to be a country where all are accepted,
no matter who they are, where they come from, how they live or what
their religious beliefs are.

30
In your own words, write a summary of excerpts from

Try it for the speech written by the Governor-General. What are
Yourself some key points the Governor-General made about the
formation of the government?

31
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
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 Parliamentary system

New Zealand operates a Parliamentary system. There are two
elements to this system.
a) The Legislature - Parliament
b) The Executive Branch

32
The Legislature (Parliament)
Parliament is sovereign. This means that Parliament is supreme

over the Executive Branch and the Judiciary. Parliament (or the
Legislature) may create or repeal any laws that it wants1 provided
that it follows Parliamentary processes.
The Parliamentary system of New Zealand includes the Sovereign
and House of Representatives.
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.
Members of the House of

Representatives
The second element of the legislature
are the Members of the House of
Representatives (also known as Members
of Parliament). These members have been
voted into the House and are either part
of the Executive Branch of government
or part of the opposition. Members are
required to debate laws and discuss the
actions of the Executive Branch.
It is important to note that New Zealand only has one House of
Representatives who form Parliament. In other countries, such as
Australia, there are two House of Representatives (one called the
House of Representatives and the other called the Senate). This
means that all new laws in New Zealand are only debated in one
house before they become 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.

33
What do What do you think are the strengths and weaknesses of

You Think? having only one House of Representatives?
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.
What do What do you think political parties discuss when they

You Think? meet during caucus time? Explain.

34
The Executive Branch
The Executive Branch is responsible for the running of the services

that the government controls. These services are arranged into
different categories. The Executive Branch is made up of the
Sovereign and the Ministers of the Crown.
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.
Ministers of the Crown

Different Ministers (who are also members of the House of
Representatives) are responsible for the operation of different areas
of the Executive Branch. Some of the different areas of government
are as follows.
Arts, Culture and Defence Infrastructure

Heritage Education Justice
Biosecurity Environment Māori Affairs
Building and Foreign Affairs Police
Construction
Forestry Primary Industries
Climate Change
Health Tourism
Issues
Housing Transport
Corrections
Ministers have to make sure that their department is operating

smoothly. They are required to make and implement decisions
on policies. If a law is being discussed in the Legislature that is
related to the department that the Minister runs, the Minister may
be responsible for answering questions in Parliament about the law
change and why it is necessary.

35
The Prime Minister is the head of all the Ministers.

The role of the Prime Minister is to provide
leadership to the coalition-government. The Prime
Minister may be held accountable for the decisions
of the government and interviewed extensively
by the media about government policy and law.
The current Prime Minister is Jacinda Arden.
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.
Check Your Create a diagram that outlines the structure of

Understanding the Parliamentary system in New Zealand.

36
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
Referring to the information in this lesson, write

Try it for down the responsibilities that each of the following
Yourself participants have in the operation of the government.
(Note: In the previous lesson, you covered the formation
of government. In this lesson, you need to specifically
cover the operation of government.)
Participant Role and responsibilities
The Sovereign
The Governor-
General
Members of
Parliament
Ministers of the
Crown

37
Accountability
Accountability means being responsible for something. It is very

important that the Executive Government is accountable for their
actions – after all, it is running the whole country! Fortunately,
there are processes in place to make sure that the Executive is
accountable for its actions.
How is the Executive Branch held accountable?

Parliament is able to hold the Executive Branch accountable through
systems that allow opposition MPs to ask questions in Parliament.
They can do this through the following processes.
• ‘Daily question time’ - the Executive Branch may be questioned
about the daily impact of their law and policy.
• ‘Questions for written answer’ – the Executive Branch may
be asked questions in writing. They are required to provide a
response to these.
Other ways that the government is held

accountable
Outside of MPs in the House of Representatives asking questions,
there are other ways that the government can be held accountable.
• A Select Committee inquiry may focus on government
performance in a particular area. For example, performance in
health or education.
• Petitions by the public may result in an issue coming to the
attention of the Select Committee who will then investigate the
issue with an inquiry.
A government minister answers questions

about the operation of the government during
Parliamentary question time.

38
Check Your
Understanding
1. Why is it important for the Executive Branch of government to be accountable?
2. Who is the Executive Branch accountable to?
3. How is it accountable?

39
Case Study: The current

government in action
As part of its election campaign, the Labour government introduced
a ‘100-day plan’ in which it would make a number of key changes
to government policy. Some of these changes include the following.
• Make the first year of tertiary education or training fees free from
January 1, 2018.
• Increase student allowances and living cost loans by $50 a week
from January 1, 2018.
• Ban overseas speculators from buying existing houses
• Issue an instruction to Housing New Zealand to stop the state
house sell-off
• Increase the minimum wage to $16.50 an hour, to take effect
from 1 April 2018, and introduce legislation to improve fairness
in the workplace.
Improving fairness in the workplace

One way that the Labour government has tried to improve fairness
in the workplace is by removing the 90-day trial for new workers
that was introduced by the National government. The Labour
government believes that this law is inherently unfair.
Workplace Relations Minister Iain Lees-Galloway
said, 'Good employment law strikes a balance
between employers and workers. Under the
previous Government the balance tipped away from
fair working conditions for workers. We will restore
that balance.'
However, this approach has been criticised by the
National Party. Bill English stated that the changes
were an ‘union shopping list’ and that the government
had heavily favoured unions and employees in the
legislative changes, and not taken the needs of
employers into account.
Although the proposed employment law changes have been
criticised by the National Party, it is still highly likely that they will be
successfully made by the Labour government. This is because the
Labour government has the support of it’s partners New Zealand
First and the Greens.

40
Research another law change that the Labour

Try it for government has proposed. Has this change been
Yourself criticised by other political parties? Why? Was the
change made? How?

41
Glossary
accountable being responsible

administer manage or be responsible for the running of
candidates people who apply for something
coalition an alliance or group
compromise an agreement or settlement where each sides offers something
crucial important
declared said
eligible having the right to do
emerge become clear, visible
enforce make someone follow a law or rule
Executive Branch the branch of government that is required to carry out laws
extensively widespread
free will the ability to act as you want
identification documents that prove who you are
ideological the way of thinking of a group or nation
implement to put into practice
negotiate to discuss an problem with the goal of finding an agreement
obligation an act that a person is required to do
Parliament the highest law making body in New Zealand
policies a principle or belief that is adopted by an organisation or individual
political analysts people who analyse political events
polling booth a place where a person can vote
preliminary an activity that is done in preparation for another activity
preside to sit in or hold a position of authority over a meeting
registered to enter a record on a list or directory
representatives people who have been chosen to act on behalf of other people
speculation the forming of an opinion with evidence
transparent clear, honest
unbiased not influenced by anything

42

43

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Hamilton 3216
Phone: 0800 864 863
E-mail: instant@atc.org.nz
www.instant.org.nz
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US 27850 v2a

Unit Standard 27850

US27850v2a Learner's Guide Licensed to Western Heights High School

Licensed to Western Heights High School US27850v2a Learner's Guide

US27850v2a Learner's Guide Licensed to Western Heights High School

New Zealand’s voting system 2

Formation of the government 17

Operation of the Parliamentary System 31

Licensed to Western Heights High School US27850v2a Learner's Guide

What do people specifically vote for in a general

US27850v2a Learner's Guide Licensed to Western Heights High School

LESSON 1: New Zealand’s voting system

When does voting happen in New Zealand?

Who can vote in NZ?

What law covers elections?

Who influences elections?

Licensed to Western Heights High School US27850v2a Learner's Guide

LESSON 1: New Zealand’s voting system

Groups that give information during the elections include:

You will learn more about these groups/organisations in the next

1. Who can vote in elections in New Zealand?

2. Who cannot vote?

3. What law covers the elections in New Zealand?

US27850v2a Learner's Guide Licensed to Western Heights High School

LESSON 1: New Zealand’s voting system

1. Go to Part 5 of the Electoral Act 1993. Read through

Licensed to Western Heights High School US27850v2a Learner's Guide

LESSON 1: New Zealand’s voting system

There are many different participants in the voting process.

The Electoral Commission

US27850v2a Learner's Guide Licensed to Western Heights High School

LESSON 1: New Zealand’s voting system

Research two different New Zealand political parties

Licensed to Western Heights High School US27850v2a Learner's Guide

LESSON 1: New Zealand’s voting system

US27850v2a Learner's Guide Licensed to Western Heights High School

LESSON 1: New Zealand’s voting system

Licensed to Western Heights High School US27850v2a Learner's Guide

LESSON 1: New Zealand’s voting system

MMP voting system

How does the system work?

US27850v2a Learner's Guide Licensed to Western Heights High School

LESSON 1: New Zealand’s voting system

Party Electorate won Party Votes (%)

The percentage of party votes received for each party needs to

Licensed to Western Heights High School US27850v2a Learner's Guide

LESSON 1: New Zealand’s voting system

A party needs at least half of the seats to form a government (be

Go to the following link to watch a video about how

US27850v2a Learner's Guide Licensed to Western Heights High School

LESSON 1: New Zealand’s voting system

Replacement of an old system

Area Voters MP Party MP Name

Winning Party is Blue Party with 3 MPs

Licensed to Western Heights High School US27850v2a Learner's Guide

LESSON 1: New Zealand’s voting system

Case study: the 2017 Elections

Timing of the Election

Electoral Act 1993

Political parties involved in the 2017 election

US27850v2a Learner's Guide Licensed to Western Heights High School

LESSON 1: New Zealand’s voting system

Polls and predictions