Report of The Royal Commission on the Electoral System 1986

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Author: Electoral Commission
Last Update: 14 Dec 2006

Report of The Royal Commission on the Electoral System 1986

The Report of the Royal Commission on the Electoral System which first recommended New Zealand adopt the Mixed Member Proportional voting system was submitted to the Governor-General on 11 December 1986.

The Contents table from the printed document is replicated here, including page numbers. The report can be downloaded in sections by clicking on the .pdf files next to major headings. The Criteria for Judging Voting Systems and the List of Recommendations are also provided as web pages. A link to further information about the change from FPP to MMP is provided under Relevant resources, below.

Contents	Contents
	Page
The Royal Commission on the Electoral System	iii
List of Tables	xi
List of Figures	xi
Letter of Transmittal	xii
Warrants	xiii
PREFACE	1

Chapter 1: Introduction	Chap 1
THE PEOPLE, THEIR PARLIAMENT AND THEIR GOVERNMENT	5

Chapter 2: The voting system	Chap 2
CRITERIA FOR JUDGING VOTING SYSTEMS	11
AN ASSESSMENT OF PLURALITY IN SINGLE-MEMBER CONSTITUENCIES	13
Fairness between political parties	13
Disproportionality between major parties	13
Unfairness to minor parties	14
Boundary setting	16
Effective representation of minority and special interest groups	16
Effective Maori representation	18
Political integration	19
Effective representation of constituents	20
Effective voter participation	22
Effective government	24
Effective Parliament	25
Effective parties	26
Legitimacy	27
Conclusion	28
ALTERNATIVES TO PLURALITY	28
Plurality in multi-member constituencies	29
At-large voting	29
Points system	29
Limited Vote	29
Single Non-Transferable Vote	29
Cumulative Vote	29
Modifications to plurality in single-member constituencies	30
Second Ballot	30
Alternative Vote	30
Approval voting	31
Other modifications to plurality	32
Supplementary seats	32
Supplementary Member (SM)	33
Systems of proportional representation	34
Party lists	34
Mixed Member Proportional (MMP)	35
Single Transferable Vote (STV)	37
Conclusion	38
SYSTEMS FOR NEW ZEALAND	38
SM for New Zealand	38
An assessment of SM	39
MMP for New Zealand	43
STV for New Zealand	44
AN ASSESSMENT OF MMP, STV AND PLURALITY	45
Fairness between political parties	45
Effective representation of minority and special interest groups	50
Effective Maori representation	51
Political integration	52
Effective representation of constituents	53
Effective voter participation	55
Effective government	57
Effective Parliament	59
Effective parties	61
Legitimacy	62
Conclusion	63
Cost	64
Referendum	65
AN ELABORATION OF MMP	65
The ratio of list to constituency seats	65
Threshold	66
Election of list members	67
Dissolution	70
Addendum 2.1 : Vote/seat relationships, thresholds and quotas	71
Addendum 2.2 : Sample MMP and STV ballot papers	76
Addendum 2.3 : Counting votes under STV	78

Chapter 3: Maori representation	Chap 3
INTRODUCTION	81
Summary of the history of Maori representation	82
The submissions to the Commission	84
The symbolic significance of the Maori seats	85
Maori political interests	86
The principles of Maori representation	87
SEPARATE MAORI SEATS UNDER PLURALITY	89
Their advantages	89
Their principal disadvantage	90
Other disadvantages	93
Non-Maori disapproval	93
Unwieldy size of Maori electorates	94
Fixed number of Maori seats	95
Unsatisfactory administrative arrangements	95
Conclusion	97
A COMMON ROLL?	98
A COMMON ROLL UNDER PLURALITY	99
A COMMON ROLL UNDER MMP AND STV	100
Maori representation under MMP	101
Maori representation under STV	103
Conclusion: comparison of Maori representation under MMP and STV	105
MAORI REPRESENTATION UNDER SM	106
MAORI REPRESENTATION IFMMP IS NOT ADOPTED	107
CONSTITUTIONAL ARRANGEMENTS	108
CONCLUSION	112
ADDEMDUM 3.1 : trial STV constituencies	114

Chapter 4: The number of members of Parliament	Chap 4
Introduction	117
FUNCTIONS OF PARLIAMENTARIANS	117
MPs as representatives of their constituents	117
Representing the nation	119
Provision of an effective Government	120
Enacting legislation and scrutinizing the executive	122
Caucus	122
Parliamentary select committees	124
Parliamentary debates	126
CONCLUSIONS	126

Chapter 5: Boundary Determination	Chap 5
Introduction	131
Present membership and functions of the Representation Commission	131
Brief history of the Commission	133
The membership of the Commission	135
The early decisions of the Commission	137
Objections, counter-objections and appeals	139
Adult population base or total population base	141
Population figures used by the Commission	142
Projection of population	144
Departures from quota	145
The use of projections	146
The South Island seats	147
The Maori seats	148
Calculation of Maori electoral population	148
The under-registration of people of Maori descent	149
The status of gazetted boundaries	150
The timetable of the Commission	150
Boundary drawing under MMP	151

Chapter 6: The term of Parliament	Chap 6
Introduction	155
THE TERM IN NEW ZEALAND AND OTHER DEMOCRACIES	155
New Zealand	155
The term in other countries	156
Observations on the term chosen by New Zealand and other democracies	156
POSSIBLE CHANGES IN RESPECT OF THE TERM	157
ARGUMENTS FOR AND AGAINST THE PRESENT TERM	158
Arguments based on effective government	158
Time required to implement and assess policies	158
Election-year influences	159
Analysis of effective government arguments	159
Arguments based on voter sovereignty	163
Opportunity to pass judgment on Government	163
Opportunity to control Government	163
Analysis of voter sovereignty arguments	163
CONCLUSIONS	164
RIGHT TO SEEK A DISSOLUTION	166

Chapter 7: The use of referenda	Chap 7
INTRODUCTION	167
INITIATIVES AND REFERENDA IN NEW ZEALAND	168
INITIATIVES AND REFERENDA IN OTHER DEMOCRACIES	170
Switzerland	170
The United States	171
SUBMISSIONS TO THE COMMISSION	171
INITIATIVES AND REFERENDA	172
Arguments for initiatives and referenda	172
More democratic government	172
Restraint on Government	173
Extending democratic participation	173
Arguments against initiatives and referenda	173
Referenda and responsible government	173
Popular influence on government	174
Misuse of referenda	174
Lack of protection for minorities	175
Practical difficulties	175
General conclusion	175
Constitutional referenda	176
Initiatives and referenda on legislation passed by a free vote	177
Legislation governing the conduct of referenda	180

Chapter 8: Political Finance	Chap 8
INTRODUCTION	183
PART 1: THE CONTROL AND DISCLOSURE OF POLITICAL INCOME AND EXPENDITURE	185
RESTRICTIONS ON INCOME	185
DISCLOSURE OF INCOME	186
RESTRICTIONS ON ELECTION EXPENDITURE	190
Prohibited expenditure	190
Restrictions on non-prohibited expenditure	190
Extension of expenditure limitations to political parties	192
Restrictions on election spending by those other than political parties and candidates	193
Implementation of expenditure limitations	194
Definition of election expenses	195
Goods and services donated and volunteer labour	195
Official campaign period	196
Levels of election expenditure limitations	196
DISCLOSURE OF ELECTION EXPENDITURE	199
OVERALL ENFORCEMENT OF POLITICAL INCOME AND EXPENDITURE PROVISIONS	200
PART 2: BROADCASTING	202
Introduction	202
Provision of free television and radio time	203
Paid advertising	206
PART 3: STATE ASSISTANCE TO POLITICAL PARTIES	210
Existing assistance	210
The financial position of New Zealand’s political parties	212
Financial position of the Labour Party	212
Financial position of the National Party	214
Financial position of the Democratic Party	215
Financial position of the New Zealand Party	216
Financial position of other parties	216
Conclusions on the principle of extending State assistance to political parties	216
Should assistance be for election campaigns, for parties’ general expenses, or both?	218
Should assistance be directed at the national or the local level?	218
What type of assistance should be provided?	219
extension of “aid in kind”	220
matching aid	220
tax-deductible political donations	221
tax payment to general fund	221
aid related to parties’ electoral support	222
flat rate grants	223
aid related to membership	224
reimbursement of expenses	224
Conclusions on assistance schemes	225
Recommended form of assistance	226
State funding in light of other changes to the electoral system	229
CONCLUSION	230

Chapter 9: Administration of the system and miscellaneous matters	Chap 9 (.pdf 2420KB)
Introduction	231
THE RIGHT TO VOTE AND TO BE A CANDIDATE	231
Citizens and permanent residents	232
Residence	233
Voting age	233
Persons on the Corrupt Practices List	236
Prisoners	236
Mental patients	238
Prisoners and mental patients as candidates	238
Candidate selection	238
Women and ethnic minorities	239
Party selection rules	240
Primaries	241
REGISTRATION OF ELECTORS	242
The present registration system	242
Is registration necessary?	243
The completeness of the registration process	245
Different approaches to registration	246
Possible changes to New Zealand’s system	248
Use of existing register information	249
Partial canvassing	249
Registration during the election campaign	250
Provisional registration	251
The clarity of language in registration and voting	251
Technological advances in registration and voting	252
Registration under MMP	253
VOTING PROCEDURES	253
Compulsory voting	254
The method of casting a vote	255
Party affiliation	255
Double voting and the secrecy of the vote	257
Special voting	258
The need for a declaration	259
Simplifying special vote procedures	260
Early voting	261
Postal voting	261
Maori voting	262
The planning and conduct of elections	262
The return of a candidate’s deposit	263
Voting under MMP	263
THE CALLING OF GENERAL ELECTIONS AND BY-ELECTIONS	263
THE REGISTRATION OF POLITICAL PARTIES	265
THE ADMINISTRATION OF THE ELECTORAL SYSTEM	268
The relevant principles	268
The present division of function	269
The future division of function	270
The functions and responsibilities of Ministers	270
The independent function 270	270
Electoral Commission	271
Information role	275
The language and structure of the Electoral Act	275
THE SETTLEMENT OF DISPUTES UNDER THE ELECTORAL ACT AND ITS ENFORCEMENT	276
Recounts and petitions	278
A SECOND CHAMBER	280
THE OFFICE OF SPEAKER	283
LOCAL GOVERNMENT	283
OPINION POLLS	283
THE COST OF IMPLEMENTING OUR RECOMMENDATIONS	287
ENTRENCHMENT OF BASIC PROVISIONS OF THE ELECTORAL ACT	287
THE ONGOING REVIEW OF THE ELECTORAL SYSTEM	292

List of recommendations	List of recs

Appendices:
A. The Electoral Law of New Zealand. A Brief History	App A
B. A History of Maori Representation in Parliament, by M.P.K. Sorrenson	App B (.pdf 250KB)
C. Names of those who made written submissions	Apps C&D
D. Names of those who assisted with overseas inquiries	D-1

List of tables
Table 2.1 New Zealand election results, 1935-1984	15
Table 2.2 Women representatives in different legislatures	17
Table 2.3 How SM might have worked, 1969-1984	40
Table 2.4 Summary of Bundestag election results, 1949-1983 (list vote)	46
Table 2.5 Seats in relation to first preference votes, Irish elections 1938-1982	47
Table 2.6 Result of election held in constituency of Carlow-Kilkenny, November 1982	79
Table 3.1 Maori as approximate percentages of total population 18 years and over in trial STV constituencies	114
Table 4.1 Sizes of some democratic Parliaments in relation to population	129
Table 7.1 Non-licensing referenda in New Zealand	169
Table 8.1 How direct State funding would have been allocated after the 1981 and 1984 elections	228

List of figures
Figure 3.1 18 trial STV constituencies	115
Figure 3.2 6 trial STV constituencies	116
Figure 5.1 44 illustrative MMP constituencies	153
Figure 5.2 16 illustrative MMP constituencies	154

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Report of The Royal Commission on the Electoral System 1986

Contents

Chapter 1: Introduction

Chapter 2: The voting system

Chapter 3: Maori representation

Chapter 4: The number of members of Parliament

Chapter 5: Boundary Determination

Chapter 6: The term of Parliament

Chapter 7: The use of referenda

Chapter 8: Political Finance

Chapter 9: Administration of the system and miscellaneous matters

Appendices: