Read The Times Australia

Daily Bulletin

NZ governments enjoy an ‘executive paradise’ – a longer parliamentary term won’t change that

  • Written by: Richard Shaw, Professor of Politics, Te Kunenga ki Pūrehuroa – Massey University
NZ governments enjoy an ‘executive paradise’ – a longer parliamentary term won’t change that

Extending the length of the parliamentary term is one of those recurring issues in New Zealand politics, emerging from the constitutional shadows every 30 years or so and quickly retreating from the bright light of scrutiny.

The pending introduction of the Term of Parliament (Enabling 4-year Term) Legislation Amendment Bill – a coalition initiative of the ACT Party but which enjoys qualified cross-party support – sees the question once again enjoying a moment in the sun.

Because of the constitutional protection of the parliamentary term, and if the bill becomes law, an extension would require a public referendum with the 2026 general election (or the support of 75% of all MPs, a route the government will not take).

The standard maximum term of parliament would remain three years. But a prime minister would have the option at the start of a new parliamentary term of advising the governor-general it would be extended to four years.

This could only happen if the allocation of places on select committees reflected the distribution of non-executive MPs across all parliamentary parties. Theoretically, this would be a check on executive power.

But while the coming debate will be framed as one about parliament, the real issue is whether voters wish to extend the length of time governments spend in office. This is a crucial distinction.

Lack of checks and balances

New Zealand voters do not directly elect the executive branch. Rather, the government is formed by the party or parties able to command a majority of MPs following each election.

In short, we elect parliaments, which then provide governments. The length of one is connected to that of the other – meaning elections are one of the few ways New Zealanders can hold their governments to account.

Perhaps for this reason, voters have consistently supported a three-year term, despite historical attempts by earlier governments to extend it. Two previous referendums, in 1967 and 1990, maintained the status quo.

This does make New Zealand something of an outlier internationally. Of 190 lower houses and unicameral national legislatures around the world, only nine have terms of three years or less. The vast majority have terms of four or five years.

But New Zealand also lacks the checks and balances found in many of those other countries: a codified constitution, a Supreme Court responsible for policing it, and an upper legislative chamber.

Consequently, the frequency with which governments are held accountable to the people really does matter.

An ‘executive paradise’

This absence of the sorts of constitutional guardrails common elsewhere is what led former prime minister and constitutional lawyer Geoffrey Palmer to call New Zealand an “executive paradise”.

Former prime minister Geoffrey Palmer. Getty Images

The introduction of a four-year parliamentary term would do little to alter that, despite the argument it would improve the quality of parliamentary law and the standard of public policy-making.

A three-year cycle, it is often claimed, forces governments to spend their first year in office removing as many traces of the previous administration as possible, the second consolidating its own policy agenda, and the third campaigning for the next election.

A four-year term, the logic goes, would give ministers more time to learn the intricacies of their portfolios and develop policy expertise. It would allow for longer parliamentary deliberation on complex legislation, and ensure parliament properly scrutinises government policies, budgets and performance.

All things being equal, a longer parliamentary term could improve governance and create a more stable, durable policy mix. But, of course, all things are rarely equal.

Missing provisions

In and of itself, a longer parliamentary term is unlikely to produce the benefits its proponents promise. Improved policy-making requires resources as well as more time, including policy and procedural expertise, judgement and institutional wisdom.

These things reside in the professional bureaucracy. Without also addressing the systemic crisis in the public service, an extra year won’t improve matters.

It would be especially important to ensure a longer term went hand in hand with more effective parliamentary scrutiny of government activity, both its forecasts and actual results.

As a 2019 report from the Institute for Governance and Policy Studies suggested, investment in MPs’ policy expertise, systematic work plans for select committees and changes to parliament’s Standing Orders are also needed to improve the legislative process.

But these do not feature in the draft legislation. And without them, an extended parliamentary term would simply tip the balance even further towards the executive branch and away from the legislature.

Democratic accountability

There are other important issues the draft legislation doesn’t address, including the implications of making a four-year term discretionary, and what might prevent a government from ignoring irksome select committee recommendations (as can and does presently occur).

Worryingly, too, advice from the Ministry of Justice to the justice minister points out that parts of the proposed legislation are “constitutionally and practically problematic”.

The inevitable uncertainty at the start of every new parliament would “undermine democratic accountability” and “risks undermining the legitimacy of parliament and its exercise of public decision-making powers”.

The advice also says the legislation is “out of step with other long-standing legal and constitutional principles, including that it appears to encroach on the House of Representatives’ right to control its own operations”. In our constitutional tradition it is not for the executive to determine how parliament functions. A king’s head once rolled over this issue.

The proposed legislation starkly illustrates the tensions that can emerge when constitutional arrangements blur the boundaries between the executive and legislative branches, enabling the former to dictate terms to the latter.

Without other changes – an increase in the size of the House relative to the executive, say, or restrictions on the power of the prime minister to call early elections – the variable parliamentary term promised by the bill will inject more uncertainty into public life, not less.

And it will not improve the quality of our laws. It will simply extend the length of time government ministers get to spend in paradise.

Authors: Richard Shaw, Professor of Politics, Te Kunenga ki Pūrehuroa – Massey University

Read more https://theconversation.com/nz-governments-enjoy-an-executive-paradise-a-longer-parliamentary-term-wont-change-that-251139

Business News

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Brid...

Daily Bulletin - avatar Daily Bulletin

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

Portable Toilet Hygiene Standards Explained: Clean vs Sanitised vs Disinfected

In portable toilet servicing, the words clean, sanitised, and disinfected often get used as if they mean the same thing. They don’t. And that difference matters because a unit can look tidy and still ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...