Weekend Times


Google Workspace

Business News

warning signs for NZ’s ‘brittle’ democracy

  • Written by Alexander Gillespie, Professor of Law, University of Waikato
warning signs for NZ’s ‘brittle’ democracy

There have been so many submissions[1] on the government’s proposed Fast-track Approvals Bill – 27,000 written, with 2,900 wanting to appear before the select committee in person – that a ballot system has been introduced to manage the process.

Given the already widespread disquiet[2] over the bill’s shape and intent, it’s a fair assumption most of the submissions will be critical of its potential environmental and democratic impacts.

For those with memories long enough, it also calls to mind the original “fast-track” methods used by the then prime minister, Robert Muldoon, to expedite his “Think Big” projects in the 1970s. Then, too, special laws[3] were passed to circumvent normal planning mechanisms.

Later governments have done similar things, from the Christchurch[4] and Kaikoura[5] earthquake rebuilds to the COVID-19 Fast-Tracking Consenting Act[6] rushed through to stimulate the economy during the pandemic.

The current proposed law goes even further. It expands what laws can be bypassed, while increasing ministerial powers and opening up conflict-of-interest risks. And it’s happening at a time when other democratic checks and balances are fragile, if not fading.

Missing safeguards

According to the democracy watchdog Freedom House, there is a global trend[7] towards democratic decline. The Economist Intelligence Unit estimates less than 8% of the world’s population[8] live in a full democracy, while almost 40% live under authoritarian rule.

New Zealand is clearly not in the high-risk group. Compared to others[9], its political and civil rights are exceptionally good. And its legal system, which safeguards many of those rights, is among the best in the world[10]. Other checks and balances, such as the Ombudsman[11], are also robust.

Unlike many other countries, however, New Zealand lacks robust safeguards against abuses of power. It is one of only five countries (along with Saudi Arabia, Israel, Canada and the United Kingdom) without a written constitution.

But the Commonwealth cousins within that group both have bicameral (two-chamber) parliaments that can balance a government’s agenda and ambition. New Zealand’s Legislative Council, a weak version of an upper house, was broken up in 1951.

Robert Muldoon speaking in front of a National Party sign in 1975
Think Big: as prime minister, Robert Muldoon also used special laws to fast-track big infrastructure projects. Getty Images

Freedom and trust

Politicians and others have defended this status quo by pointing to New Zealand’s largely stable political culture and the existence of a strong fourth estate to hold power to account.

But while New Zealand is still considered a good model of public interest journalism, its ranking in the latest Reporters Without Borders Press Freedom Index[12] has fallen six points since last year (from 13th to 19th).

The decline is driven by a shrinking diversity of reliable media (with cuts and closures happening on an alarming scale), as well as falling trust in news[13] overall. The combative approach[14] to journalists and news media from the current deputy prime minister extends to other areas, too.

Take the current debate over te Tiriti o Waitangi/Treaty of Waitangi, for example. A remarkable document (some liken it to New Zealand’s Magna Carta), the Treaty’s political and legal rehabilitation is still relatively recent.

Since the 1975 Treaty of Waitangi Act[15] and later establishment of the Waitangi Tribunal, meticulous cross-party work has gone into stitching the “principles” of the Treaty back into the shared national fabric.

The ACT Party’s Treaty Principles Bill[16] (and the referendum it would trigger if successful) and recent attacks[17] on the Waitangi Tribunal by senior government ministers suggest that shared fabric can tear more easily than some might have hoped.

A ‘brittle’ democracy

The supposed robustness, integrity and established due process of New Zealand’s legal system is likewise up for scrutiny – in particular, the government’s reliance on executive power[18] and use of urgency to pass legislation.

No MMP government has passed more bills under urgency[19] in its first 100 days than the present coalition, far outstripping previous administrations.

It is not necessarily a bad thing for parliament to have the option to pass laws urgently when circumstances demand it. The problem arises when there is no definition of, or required justification for, the use of urgency.

Instead, it becomes a normalised way to sidestep the mechanisms that help create better laws.

Speed and political advantage, not democratic quality, become the determining factors. The majority in parliament determines the foot on the legislative accelerator (and neither the left nor right has held a monopoly[20] on its use).

None of this is to say New Zealand is sliding towards tyranny. But, equally, none of these trends is positive. Power is not being abused, but it is not being well managed either. New Zealand democracy, unique and currently brittle, should be handled with greater care.

References

  1. ^ so many submissions (www.rnz.co.nz)
  2. ^ widespread disquiet (newsroom.co.nz)
  3. ^ special laws (www.nzlii.org)
  4. ^ Christchurch (legislation.govt.nz)
  5. ^ Kaikoura (legislation.govt.nz)
  6. ^ COVID-19 Fast-Tracking Consenting Act (www.legislation.govt.nz)
  7. ^ global trend (freedomhouse.org)
  8. ^ 8% of the world’s population (www.eiu.com)
  9. ^ Compared to others (freedomhouse.org)
  10. ^ among the best in the world (worldjusticeproject.org)
  11. ^ Ombudsman (www.ombudsman.parliament.nz)
  12. ^ Press Freedom Index (rsf.org)
  13. ^ falling trust in news (www.jmadresearch.com)
  14. ^ combative approach (rsf.org)
  15. ^ Treaty of Waitangi Act (www.legislation.govt.nz)
  16. ^ Treaty Principles Bill (www.treaty.nz)
  17. ^ recent attacks (newsroom.co.nz)
  18. ^ reliance on executive power (theconversation.com)
  19. ^ passed more bills under urgency (newsroom.co.nz)
  20. ^ neither the left nor right has held a monopoly (www.wgtn.ac.nz)

Authors: Alexander Gillespie, Professor of Law, University of Waikato

Read more https://theconversation.com/fast-track-laws-parliamentary-urgency-treaty-tension-media-retreat-warning-signs-for-nzs-brittle-democracy-230209

The Weekend Times Magazine

Prime Minister interview with Karl Stefanovic and Alison Langdon, Today

KARL STEFANOVIC: Joining us now from Kirribilli House in Sydney. PM, good morning to you. Thank you for your time.    PRIME MINISTER: G’day Karl.   STEFANOVIC: The Premiers don't seem to be listening...

Tinseltown - Keeping up with the Kardashians no more: the complicated legacy of reality’s first family

Kim Kardashian West has announced to her 160m followers on Instagram that Keeping Up with the Kardashians will end after its next season. The Kardashians, particularly Kim, have been at the...

Australia’s Booming Cosmetic Dentistry Market: What Patients Are Asking For in 2025

Cosmetic dentistry in Australia is experiencing an unprecedented boom, with more patients than ever seeking to enhance their smiles through innovative and accessible treatments. The landscape of aesthetic dentistry has...

Let's talk about nits!

My daughter struggled with nits for 8 years until I found this miracle cure Nits. The one-word granted to strike fear into mums everywhere … and have them immediately scratching their...

Tammy Hembrow's Saski Collection re-launches Mesh Collection

The new range from fitness expert Tammy Hembrow’s clothing range Saski Collection has dropped its original Mesh Collection for the second time.   The new luxury athleisure label’s collection, which is worn by the likes of J Lo and available...

Catch a Flight to Broome for a Tropical Adventure

If you’re dreaming of a getaway that combines tropical beauty, rich culture, and a sense of adventure, look no further than Broome. Tucked away in Western Australia’s Kimberley region, Broome...

How To Install PVC Shutters At Home

Homes are the best place for relaxing and refreshing after the hectic and tiring daily life routine. The home should be decorated so that it gives people a warm welcome...

Experienced Accident Lawyers Brisbane and Accident Compensation Claims

When a serious accident disrupts your life it can feel like everything changes overnight. Injuries often mean hospital visits ongoing medical treatment and weeks or even months off work. On...

Understanding the Power of Smart Home Automation in Modern Living

Technology is no longer confined to our pockets and workplaces—it has made a confident entrance into our homes. Among the most impactful technological trends reshaping domestic life is smart home...

hacklink hack forum hacklink film izle hacklink สล็อตเว็บตรงcrown155 casinohb88aussuper96 login주소모음 주소모아spin2u loginneoaus96 casino loginff29 casinobest e-wallet pokies 2025免费视频best e wallet pokies australiahttps://mrvip77.comgiftcardmall/mygiftsitus slot gacorBest eSIM for Caribbean Cruisejojobetmarsbahisjojobetkiralık hackercratosroyalbetcasibom girişcasibommarsbahiscasibomslot qrisgrandpashabetjojobet girişcasibomcasibomdeneme bonusu veren siteleronwinalgototojojobet girişmatbetpusulabetvaycasinodeneme bonusu veren sitelercasinoprimetürk ifşamarsbahisartemisbetvdcasinovaycasinoสล็อตเว็บตรงjojobetmatbetcasibom