Professional Documents
Culture Documents
Learner’s Guide
LEGAL STUDIES
Licensed to:
Western Heights High School
2018 - 2a © ATC New Zealand
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i
About this
Learner’s Guide
Learning Purpose & Outcomes
In this guide, you will learn about systems of government and their formation and operation in
New Zealand. The two systems of government that you will learn about are:
• the MMP system of government
• the FPP system of government.
For each system of government, you will learn about:
• the electoral process
• the government formation process
• the resulting parliamentary system
You will learn how to compare each of these systems and look at different viewpoints that people
have about these two systems. You will also learn about the change from FPP to MMP that
occurred in the 1990s.
A glossary has been included with new legal terms and other terms that you may find difficult.
Words that are included in the glossary are highlighted the first time that they appear in the text.
Additional
Resources
If you want to look at more examples of texts with viewpoints, here are some sources you could
investigate.
The internet
• Electoral Commission
http://www.elections.org.nz/
Legislation
• Electoral Act 1993
http://www.legislation.govt.nz/act/public/1993/0087/latest/DLM307519.html
Contents
Glossary 56
LESSON 1:
The MMP
voting system
Learning Objectives
In this lesson, you will learn about the MMP voting system. By the A space has been left
end of this lesson, you will be able to explain: on the right of every
page for you to make
what the MMP system is notes about what
how MMP works you are learning.
There are many different ways that people can elect government
representatives through voting. Each voting system has different
strengths and weaknesses. Since 1996, New Zealand has used
an MMP voting system. MMP standards for ‘Mixed Member
Proportional’. A small number of other countries use this system for
electing representatives. These countries include:
Canada
Germany Romania
(Quebec only).
Hungary Lesotho
Try it for Using the internet, find out where MMP was first used.
Yourself What other names is MMP known by?
VOTE 1
One vote is for a candidate from an electorate. Electorates are
regional voting areas. Candidates from these electorates will belong
to registered political parties.
There are 64 general electorates and 7 Māori electorates in New
Zealand. People of Māori descent can either choose to vote
for candidates representing the general electorate or the Māori
electorate. The person in each electorate with the most votes is the
winner.
The following map highlights the electorates in New Zealand.
VOTE 2
The other vote is for a political party that the voter chooses. This
is called the party vote and it largely decides the total number of
seats that each political party will get if voted into Parliament. Some
candidates are list MPs only. This means that they will only get into
Parliament if the party has a greater proportion of party votes than
electorate votes.
Example:
New Spring is a fictional country that uses MMP. There are 100
seats in the Parliament of New Spring.
The results of the 2008 elections in New Spring were:
Seats
Red
Blue
Black
Yellow
If Black did not get over 5% of the Party vote, they would not have
been able to represent Parliament because they did not win any
electorate seats. However, they got enough votes to secure eight seats.
A party needs at least half of the seats to form a government (to be the
ruling party). In the situation above, no party has over half the seats. In
the next lesson you will learn how a government can be formed when
one party does not have enough seats to represent the government.
Try it for Explain how MMP works (in your own words.)
Yourself
LESSON 2:
The formation of
government under MMP
Learning Objectives
In this lesson, you will learn about the formation of government
under MMP. By the end of this lesson, you will be able to explain:
how the government is formed under MMP
the formation of government after the 2017 elections.
In practice, New Zealand has two main political parties: Labour and
National. It is likely in an election that either Labour or National will
get the largest number of seats, but they will not get enough seats
to govern. This means that they need to look to smaller political
parties to build a coalition with.
The main parties and the minor parties need to discuss different
possibilities for coalitions. This is often a difficult time for parties
because, although they want to be in the government, they do not
want to compromise their values.
Party Policies
In order for political parties to enter into a coalition, they have to be
able to agree on each other’s policies to some extent.
For example, the diagram below shows the different approaches
that can be taken when creating education related policy. The
diagram below shows how parties can find common ground with
education policy.
In the diagram above the main party, the ‘A’ Party, has a greater
number of seats in Parliament. If it wants to form a coalition with the
‘B’ Party and the ‘C’ Party it will need to negotiate with each to find
a common ground. The ‘A’ Party will need to create an education
policy that one of the minor parties would also support. If not, the
minor party may be unwilling to form a coalition with the major party.
Sometimes it is difficult for parties to agree on a common policy in
a particular area. In such situations they may decide not to form a
coalition at all. The differences in policy may be too great. If they can
agree, they will create a confidence and supply agreement.
1. What percentage of seats does a party need to get in order to rule alone?
3. If a party cannot rule alone, what does it need to do in order to become a ruling
party?
Commission Opening
Members Sworn In
Speaker Elected
Parliament Opened
The main parties are given as the starting point for each potential coalition.
Total Total
Coalition outcome
The question as to who would form a government was an exciting
one for political commentators. The National government had
previously relied on the Māori Party, United Future, and Act for
coalition support. However, in the 2017 elections, only Act won a
seat out of these parties. This meant that National could only get a
coalition of 57 seats by relying on former coalition partners.
The Green Party has a policy of not forming a coalition with National
(due to political differences) so this meant that the only option for
National to form a coalition with was New Zealand First. If National,
Act, and New Zealand First formed a coalition together, they would
have 66 seats, which would be well over the 61-seat requirement.
However, Labour was also in a position to form a coalition
government. Labour and the Green Party had previously stated
that they would work together. This meant that Labour could form a
coalition of 54 seats. In order to have enough seats to gain control
of the government, it would need another six seats. These seats
would need to come from New Zealand First. If Labour, the Greens
and New Zealand First worked together, they would have 63 seats –
which would be sufficient.
After a few weeks of intense discussion between the political
parties, New Zealand First leader, Winston Peters, announced that
he intended to form a minority coalition government with the Labour
Party, with a confidence and supply agreement from the Green
Party.
*Note: Technically the Green Party is not part of the coalition government – however, they
have agreed to support Labour in return for Labour giving the Green Party some ministerial
positions and allowing some Green policies to be introduced.
Check Your
Answer the following questions.
Understanding
4. How many seats did Labour, New Zealand First, and the Green party have all
together?
5. Describe one of the problems that Labour had when it was discussing the
formation of the coalition with New Zealand First and the Green parties?
Once the coalition was agreed on, the formal process of government
formation was started.
Swearing in
The 52nd Parliament of New Zealand was formally opened on the
morning of 7 November 2017. Commissioners were sent to the
House on behalf of Governor-General Dame Patsy Reddy to open
Parliament. They declared Parliament to be officially open. Members
chose to take an oath or an affirmation of allegiance to the Crown.
Here an excerpt from the speech written by the Governor-General:
This will be a government of inclusion. All who live in this country are
entitled to respect and dignity; all are entitled to live meaningful lives;
all are entitled to care and compassion. Everyone should have a roof
over their head and be warm in winter. Everyone should have food and
a table to put it on.
This will be a government of transformation. It will lift up those who
have been forgotten or neglected, it will take action on child poverty
and homelessness, it will restore funding to education and the health
systems to allow access for all, it will protect the environment and take
action on climate change, and it will build a truly prosperous nation
and a fair society, together.
This will be a government of aspiration. It aspires to make this a nation
where all cultures and human rights are valued, where everyone can
have decent housing and meaningful work, where education is free and
good ideas flourish, where children live surrounded by creativity and
love, and are encouraged to reach their full potential, and where we
become world leaders on environmental issues and climate change.
This government aspires for this to be a country where all are accepted,
no matter who they are, where they come from, how they live or what
their religious beliefs are.
LESSON 3:
The operation of
government under MMP
Learning Objectives
In this lesson, you will learn about the operation of government
under MMP. By the end of this lesson, you will be able to explain:
how government operates under MMP
the operation of government after the 2017 elections
the impact of MMP on democracy.
Government
The term government can be confusing. In American English, the
term government means a group of people with the authority to
govern a country. It includes law makers as well as those who are
responsible for implementing the law. However, in British English,
the term government only means those who are responsible for
implementing the law. Often in New Zealand both of these meanings
are used interchangeably.
In this lesson the following terms will be used
a) The Legislature – law makers
b) The Executive Branch – those who are responsible for
implementing the law.
The Sovereign
The Sovereign is Queen Elizabeth 2 who lives
in England. She is represented by the Governor
General. The role of the Sovereign (and her
representative, the Governor General) is only a
formality. The Governor General does not have any
decision making power in Parliament. The Governor
General is, however, required to sign all bills into law. Without the
Governor General’s signature, the bill cannot become law. However,
it is extremely unlikely that the Governor General would ever refuse
to sign a bill into law.
Try it for
Yourself Write definitions for the following terms.
Term Definition
Parliament
Legislature
Executive
government
Governor
General
Sovereign
Member of
Parliament
Minister of
the Crown
Prime
Minister
However, this can also be beneficial. Law that is created under the
MMP system has had a lot of input and discussion from different
coalition partners and other MPs. New Zealand has a one house,
or unicameral, system of government. This means that there is no
second chance to review the law that is being made. Without a
second house, the role of MPs and coalition partners in scrutinising
proposed law gains greater importance. In theory, the role of minor
parties helps give a voice to those voters who may be concerned
about particular aspects of policy. The wider range of views should
lead to better policy and to law that reflects the view of a larger
majority.
Note: In the final lesson you will look at the strengths and
weaknesses of MMP in more detail. You will also look at the
viewpoints that people have in relation to the functioning of MMP.
1. What is one of the concerns about MMP in relation to its impact on government
and democracy?
LESSON 4:
The FPP
Voting System
Learning Objectives
In this lesson, you will learn about the FPP voting system. By the
end of this lesson, you will be able to explain:
what the FPP system is
how FPP works
the 1993 elections in New Zealand.
The First Past the Post (FPP) system of voting is the previous
system of voting that was used in New Zealand. It was used in New
Zealand from 1914 until 1993. Many other countries around the
world use the FPP voting system, including:
United
States of Canada India France
America
The FPP system still has areas divided into electorates as MMP
does. However, each person only has one vote. This vote is for the
electorate where the voter lives. When a voter selects the candidate
that they most prefer, they are automatically voting for the party
associated with that candidate.
Under FPP the total number of votes across the country are not
counted. Instead, only the winning candidates from each electorate
are counted. This means that sometimes one party received
more total votes across the country as a whole, but they won
fewer electorate seats than the other party (and therefore lost the
elections).
Look at the following example:
The example and numbers used in the table are fictional. However,
the effect of FPP voting was that the party that got into power was
not actually the party with the most votes.
Try it for Make a graph that highlights the seats won in the 1993
Yourself Elections.
2. What impact does the FPP voting system have on democracy? Explain.
LESSON 5:
The formation of
government under FPP
Learning Objectives
In this lesson, you will learn about government formation under FPP.
By the end of this lesson, you will be able to explain:
how the government is formed under FPP
the formation of government after the 1993 elections.
1
The approval of a political party to become the ruling party
(i.e. to run the executive branch of government) needs to
be given from the Governor General. This process is much
simpler than for MMP. The party that has won the most
seats is the government.
The government is formally created. The formal creation
2
of the government is described under section 19 of the
Constitution Act 1986. This is the same as the creation
of government for MMP, however the Governor General
would not talk about any coalition agreements in the
speech that he or she made.
Impact on Democracy
Under MMP the Cabinet may include MPs from the other coalition
government parties. Under FPP coalitions were not needed so
the important role of government and formation of Cabinet was in
In order to get Merit
the hands of one governing party. There is little opportunity for the
in the assessment,
policy views of the minor parties to be heard. The other major party
you need to analyse
will form the opposition to the governing party. The opposition and
the impact that FPP
other minor parties will not have any of their MPs in the Cabinet.
has on democracy.
Unlike MMP, the FPP voting system gave the governing party
unrestrained power for their term. In many ways this was against the
concepts of a liberal democracy where it is important for the voices
of minority groups to be heard.
If you look at the table below showing the 1993 Election results it
is clear to see that the government is the National party because
it holds the most electoral seats. Under the FPP system the
percentage of party votes was irrelevant.
Source: http://en.wikipedia.org/wiki/File:NewZealandElectorates1993-Labeled.png
In the 1993 Election the governing party, National, was able to select
its own Cabinet. The Cabinet is essentially the MPs who hold senior
positions, or are responsible for Ministerial Policy Portfolios. Much
of the new law that is created is generated through Cabinet.
The way that ministers were selected under FPP was different
depending on the specific policies of the party. For example, under
the National party the Prime Minister is able to choose who the
Cabinet Ministers will be. Under the Labour party there is a slightly
different system where the initial pool of potential cabinet Ministers
are selected by a secret ballot by the members of the Labour party,
(also called caucus). Then, MPs from this pool are appointed by the
Prime Minister to Cabinet positions.
2. What is Cabinet?
3. What impact does the formation of government under FPP have on democracy?
Explain.
LESSON 6:
Learning Objectives
In this lesson, you will learn about the operation of the government
under the FPP voting system. By the end of this lesson, you will be
able to explain:
how the government operates under the FPP system
how the government operated after the 1993 elections.
Unbridled Power
The actions of the governing party under FPP were seen as being
very powerful. The governing party could create or remove any
laws that its Cabinet decided. The power of the Cabinet under
FPP became very apparent during the 1980s when the Labour
government began the process of state asset sales. These sales and
the effect of Labour’s economic policies became unpopular. Voters
realised that there was little opportunity to oppose unpopular policy
once a government had been voted in. One high profile academic,
and later Prime Minister, Geoffrey Palmer, detailed the effects of
FPP in his well-known book called Unbridled Power. This book was
followed by the book Bridled Power with co-author Matthew Palmer
which followed the change to MMP.
Over the page is an excerpt from the book. If you want to read more
about the function of government under FPP, it is recommended that
you read through it.
Impact on Democracy
Once elected under FPP the government was effectively only
accountable to itself. It was able to start reforms and cost cutting in
areas that it had not indicated before being elected. FPP created an
environment where political parties could only be held accountable In order to get Merit
by the public once every 3 years. in the assessment,
Voters would not have expected different actions from their you need to analyse
representatives than those indicated prior to elections. When the the impact that FPP
policy direction changes, the lack of accurate information affects has on democracy.
voter’s perception of the reliability of the democratic system for
electing representatives. Information provided before elections
needs to be as clear and accurate as possible.
Try it for Fill in the gaps with the correct words for each of the
Yourself following sentences.
1. Many people believed that the operation of FPP governments did not include
important checks .
3. Parliamentary debate, three-yearly elections and media criticism were the only
effective means of .
5. The views of minority groups were not often taken into account with
governments.
2. Give an example of one specific action that the government took to reduce debt.
3. How did FPP allow the National government to make legal changes to reduce
government debt and spending?
LESSON 7:
Comparing MMP
and FPP
Learning Objectives
In this lesson you will compare the MMP and FPP voting systems.
By the end of this lesson, you will be able to describe:
the differences between the MMP and FPP voting systems
the differences between the operation of MMP and FPP
governments
different viewpoints that people or organisations have in relation
to MMP and FPP.
The similarities between MMP and FPP are that the allocation of seats in the House
of Parliament depend upon the votes that each party receives. A key difference under
MMP is that the number of seats in Parliament that a political party is entitled to will
depend on the percentage of party votes received by each party. Under MMP voters
can split their representative and party vote.
Under both MMP and FPP the election itself is administered under the Electoral
Commission. The Electoral Commission has a very important role to play in terms of
ensuring that the voting and counting of votes on election day runs smoothly. The
integrity of the voting system is guarded by the careful administration of the Electoral
Commission.
The role of the media under MMP and FPP is also similar. The coverage provided by
the media will address party policy and cover debates on key policy issues. On the
other hand the scope of the coverage will have changed under MMP. The scope of the
coverage now would not only include information on political issues but also potential
coalitions that might be formed.
Finally the number of MPs in Parliament increased under MMP from 99 to 120.
Use the information on the previous page and throughout the rest of the guide to
answer this question.
For each voting system, name one weakness and one strength in relation to its
formation and operation.
Part A - Should New Zealand keep the Mixed Member Proportional (MMP) voting system?
Number of Votes Percentage of Valid Votes Percentage of Total Votes
Try it for 1. What are some of the reasons that people give in
Yourself favour of keeping MMP as a system of voting?
Try it for 1. What are some of the reasons that people give in
Yourself favour of keeping FPP as a system of voting?
Glossary
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