Attention: Hon Justice Sir Hugh Williams QC, Sender: Simon-Eru: Kaiwai Chairman Electoral Commission Email: enquiries@elections

.govt.nz Email: simon@kiwicando.com Date: 4/27/2011 Official Information request: Does the Electoral Commission recognise New Zealand as a democracy? Dear Hugh, I have a few questions that have been quisling me about the New Zealand election and political system. My questions seek your answers to these very important public electoral matters. As the former Master of the High Court and current chairman of the electoral commission I feel you are well placed to answer these. Question 1: Is the government of New Zealand bound to follow the principles of democracy i.e. does the Electoral commission believe New Zealand is it a democracy? Various law dictionaries define democracy consistently, recognizing “that the sovereign power resides with the whole body of free citizens … the introduction of a representative system does not remove the sovereign power of the people.” Bouviers law dictionary 1856, v1 Question 2: Does the Electoral Commission consider that it would be lawful and democratic for the government to go against a self declared binding referendum that the population duly conducted instructing our public servants to administer that decision? New Zealands’ forefathers spilt their blood to protect the British Commonwealth in WWI and WWII. A commonwealth is "a free state that is governed either by representative or popular governance" Oxford English Dictionary(dictionary.oed.com), 1989, 2nd ed. Question 3: In which form would the Electoral Commission consider the population as having chosen popular governance in New Zealand? Question 4: What is the required form and process that the Electoral Commission would recognise as a binding referendum? The NZ electoral legislation specifies limits of political party funding and paid airtime yet allows registered broadcasters certain liberties to focus on whichever party it wishes to. This introduces a significant bias for the lesser known parties who do not get equal exposure. Question 5: Does the Electoral Commission agree that airtime and exposure has been unequal towards all parties? Question 6: Does the Electoral Commission agree that unequal airtime and exposure of parties by registered broadcasters is likely to create an election bias?

Question 7: What is the Electoral Commission doing to ensure the public can compare and contrast the policies of each party relative to the others on specific issues? Question 8: Does the Electoral Commission consider that the Parliamentary Executive is directly elected by the people? Question 9: If the majority of the natural citizens voted that foreign residents, many of whom have only been in NZ for one year, should not be able to vote in New Zealand elections would the Electoral Commission count resident votes anyway? Question 10: What is the relationship that the Electoral agencies have, if any, to the company Her Majesty the Queen in Right of New Zealand trading as the Crown? Thank you in advance for your response, With regards,

By: Without prejudice Contactible only via email: simon@kiwicando.com

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