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Call for Majority of Parliament

To Demand Election Day Referendum

Family First Media Release 25 June 2008
Family First NZ has written to the leaders of National, Act, NZ First, United Future and the two independent MP’s asking that they form a majority and require the anti-smacking Referendum to be held on Election Day.

Under section 22AA (5) of the Citizens Initiated Referenda Act 1993, a Referendum can be scheduled for polling day if the “House of Representatives passes a resolution requiring the indicative referendum to be held on the polling day for the general election.”

“That is an ordinary 50% majority vote,” says Bob McCoskrie, National Director of Family First NZ. “ We are therefore calling on National, Act, NZ First, United Future and the two independent MP’s to acknowledge the voice of over 350,000 people and require that the Referendum be held at the most obvious and cost-efficient time of the upcoming election.”

“ Any party that votes against this proposal should have the $10 million that it will cost to do a postal ballot charged against their election expenses ,” says Mr McCoskrie.

“If Sir Robert Muldoon could call a 1984 snap election just four weeks before polling day, and the-then National Government in 1999 take only a week to determine Norm Withers’ petition for a referendum on violent crime would be held on election day, it proves that the Prime Minister’s claim that there is not enough time is a cynical and desparate attempt to sweep the issue under the carpet and undermine democracy.”

If the Prime Minister goes ahead and forces the Governor-General to declare that it be held by postal voting, then the majority of Parliament can still require the voting period to close on the day of the general election - s22AB(6)(b)

“This is second best as it is a completely unnecessary waste of taxpayer money,” says Mr McCoskrie.

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View the Act: http://www.legislation.govt.nz/act/public/1993/0101/latest/DLM318489.html

LETTER

We are asking that you form a majority in the House and require the anti-smacking Referendum to be held on Election Day.

Under section 22AA (5) of the Citizens Initiated Referenda Act 1993, a Referendum can be scheduled for polling day if the “House of Representatives passes a resolution requiring the indicative referendum to be held on the polling day for the general election.”

That is a simple 50% majority vote.

We are asking you and your party to acknowledge the voice of over 350,000 people who have signed the petitions and require that the Referendum be held at the most obvious and cost-efficient time of the upcoming election.

If the Prime Minister goes ahead and forces the Governor-General to declare that it be held by postal voting, then the majority of Parliament can still require the voting period to close on the day of the general election – s22AB(6)(b). This is second best as it is a completely unnecessary waste of taxpayer money.

If Sir Robert Muldoon could call a 1984 snap election just four weeks before polling day, and the Government in 1999 could take only a week to determine Norm Withers’ petition for a referendum on violent crime would be held on election day, it proves that the Prime Minister’s claim that there is not enough time is an attempt to sweep the issue under the carpet and undermine democracy.

The ability to get 390,000 signatures on a petition is a major feat in itself. Please help us uphold democracy in New Zealand.

www.familyfirst.org.nz

TAKE ACTION: Email the Prime Minister and John Key demanding that a Referendum be held at the upcoming Election

pm@ministers.govt.nz john.key@parliament.govt.nz

MEDIA RELEASE

23 June 2008

Family First NZ is shocked and angry that the Prime Minister is willing to consider spending over $10 million of taxpayers’ money on the anti-smacking Referendum to be held separately from the upcoming election rather than holding it during the upcoming election, which is the most natural timing for it.

“Helen Clark says that Parliament had spoken on the issue with a near “unanimous mind”. What she fails to say is that both the major parties were ‘whipped’ to vote for the bill, which is highly ironic considering it is the anti-smacking bill,” says Mr McCoskrie, National Director of Family First NZ. “The bill would have been dead and buried otherwise, as NZ’ers wanted.”

“She also fails to hear the voice of over 390,000 signatories who oppose the law change and are demanding a Referendum, and the 80%-plus who want the law changed according to latest polls.”

“Unless the PM is holding the election before 23 September, the perfect and most economical time to hold the Referendum is Election day in October or November, and any later timing is simply a cynical attempt to try and prevent the voice of NZ’ers being heard.”

“It would be a sad day for democracy and fairness if that happened.”

ENDS

For More Information and Media Interviews, contact Family First:

Bob McCoskrie JP – National Director

Tel. 09 261 2426 | Mob. 027 55 555 42

TAKE ACTION: Email the Prime Minister and John Key demanding that a Referendum be held at the upcoming Election
pm@ministers.govt.nz john.key@parliament.govt.nz

Members’ bills

Members of Parliament who are not Government Ministers can put forward bills that are not part of the Government’s programme. These are called Members’ bills, and are debated in the House every second Wednesday when the House is sitting.

Do Members’ bills ever become law?

The Government has its own policy programme and priorities, and most Government bills become law because it obtains support from the majority in the House. In comparison, few Members’ bills are passed. In 2004, for example, five Members’ bills became law. Since the 2005 general election no Members’ bill have yet been passed.

However, if a Member’s bill does not progress but does attract significant support, it may influence some of the Government’s legislation. For example, the Government may decide to introduce its own bill with similar policy aims to a Member’s bill. Occasionally, with the consent of the member, the Government will formally take over a Member’s bill and convert it into a Government bill.

Members’ bills

Members who are not Government Ministers can put forward bills that are not part of the Government’s programme. These are called Members’ bills.

The House allocates its sitting time to Members’ bills every second Wednesday when the House is sitting. Because there are always more Members’ bills proposed than time to consider them, a ballot system is used to choose the bills that are introduced. The ballot may contain around 40 drafted bills, but only four may be available for first reading at any one time.

Few Members’ bills become laws though they may affect the Government’s lawmaking priorities if they attract sufficient support. For example the Government may decide to introduce its own more extensive bill with similar policy aims to a Member’s bill.

Where to Now – 23 November 2006:

Second reading

A bill can be read a second time no sooner than the third sitting day after the select committee reports to the House. For Bradford’s Bill on Section 59 it looks like this: the Select Committee’s report was tabled in Parliament on 20 November 2006. The first sitting, that is, the first day Parliament sits to consider Private Members’ Bills such as the one to repeal Section 59, is Wednesday 22 November 2006. Parliament sits to consider Private Members’ Bills on every second Wednesday, that is, fortnightly. It is therefore probable that the second sitting day will be Wednesday 13 December 2006. So the probable third sitting, and the earliest that the Bill could be debated again in Parliament, is Wednesday 21 February 2007. So it appears that the next time Parliament addresses this Bill will be no sooner than Wednesday 21 February or possibly into March. Members can then debate the main principles of a bill, and any changes recommended by the select committee in its report.

Changes not supported by every committee member are subject to a single vote at the end of the second reading debate.

Changes that are supported by every committee member are automatically included in the bill if the second reading is agreed.

If the vote is lost, that is the end of the bill. If the second reading is agreed, the bill is ready for debate by a committee of the whole House.

If it passes a second reading, this can be viewed as a commitment to the final passage of the bill, subject to any further amendments. This stage is a debate of up to two hours led off by the member in charge.

Committee of the whole House

Any member of the House can participate when a committee of the whole House debates a bill. The members sit in the Chamber but the Speaker does not take the chair. The debate is less formal than other debates, but is no less important.

Members have many chances to make short speeches and debate the provisions of a bill. These debates are a chance to examine the bill in detail – clause by clause and make further amendments members may propose in writing. Ministers and members can propose changes. These changes may be published before the debate in a supplementary order paper (SOP). If these have significant policy implications, they can be considered by a select committee to ensure the changes have adequate scrutiny. Otherwise the use of this mechanism to introduce major policy changes may be viewed as a device to avoid such scrutiny.

There is no time limit on these debates and members have opportunities for five-minute speeches on each provision.. Large or controversial bills may be before a committee of the whole House for several days (by several days they mean “members days” which are every two weeks – so it could be drawn out for months).

Once the final form of a bill is agreed, it returns to the House, it is reprinted to show any changes that have been made. The bill is then ready for third reading.

Third reading

This is usually a summing-up debate on a bill in its final form in the House.
It is the last opportunity to debate and decide whether the bill should be passed in the form in which it has emerged from the committee of the whole House. It is more of a debate for summing up than on the provisions in detail. The debate can last up to two hours. The vote at the end of the debate is the final vote in the House to either pass the bill or reject it. Bills are rarely rejected at this stage. If the bill is passed there is one final step before it becomes law – Royal assent.

Royal assent

The last step illustrates the difference between the House of Representatives and Parliament. (See Parliament Brief, ‘What is Parliament?’) This is that the Sovereign (The Queen, represented in New Zealand by the Governor-General) forms part of Parliament but is completely separate from the House. It is the Sovereign’s role to sign a bill into law by giving it the ‘Royal assent’. Assent is given on the advice of the Prime Minister or the most senior Minister available.

Access to Bills and Acts of Parliament

Bills and Acts (also known as statutes) are available from most major public libraries and at
www.legislation.govt.nz/ . They can also be purchased from Bennetts Government Bookshops, or from Legislation Direct (Phone: 04 495 2882), PO Box 12-418, Thorndon, Wellington.

Delegated legislation

The terms ‘delegated legislation’, ‘subordinate legislation’, and ‘regulations’ are used synonymously to refer to legal instruments, often technical in nature, made under powers delegated by Parliament when passing legislation. An example would be a regulation to set fees for a cost-recoverable service provided by a public organisation. While Parliament is not involved in making these legal instruments, specific procedures have been put in place in Standing Orders to ensure they are all subject to the scrutiny of Parliament and, if necessary, they can be disallowed as a result. A select committee – the Regulations Review Committee – carries out the detailed scrutiny.

Another function of the Regulations Review Committee is to examine all bills for regulation-making powers that appear, for example, to delegate too much power to the Government. In such cases that committee reports to the committee considering the bill, highlighting the issue. By convention (accepted practice), the Regulations Review Committee is chaired by an opposition member to ensure this process is seen to work beyond the interest of the Government.

Each year a Subordinate Legislation (Confirmation and Validation) Bill is passed to confirm certain regulations that would otherwise expire.

Further reading

McGee, David, Parliamentary Practice in New Zealand, 3rd edition, Wellington, 2005.

How Parliament Makes a Law

Bill introduced:
*No debate

1st reading***:
*Initial debate

Select committee:
*Hears public submissions.
*Recommends amendments.
*Reports to the House explaining recommendations.

2nd reading*:
*Main debate on the principles of the bill as it emerged from the select committee.
*Select committee amendments adopted.

Committee of the whole House:
*Detailed consideration of each clause or part.
*Further amendments can be made.

3rd reading***:
*Final debate on whether it should be passed in the form emerging from committee of the whole House.

Royal assent
*Governor-General assents to the bill becoming an Act of Parliament.

*** At any of these steps, a vote in the House can result in the bill being defeated.

Information taken from:

http://www.parliament.nz/en-NZ/c/5/f/c5fb1a264d8d48d9b9910855d78354a8.htm

http://www.parliament.nz/en-NZ/HowPWorks/Laws/b/a/b/bab4f58d09e143adb06e1751e688ab5c.htm

http://www.parliament.nz/en-NZ/HowPWorks/Laws/7/5/6/75639197bdff4a15b57eaaade358509e.htm

http://www.parliament.nz/en-NZ/PubRes/About/FactSheets/6/1/5/61548724d96f4a5e849c2546ffc7202a.htm#_Toc143945577