Waka-jumping
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New Zealanders speak colloquially of waka-jumping when a Member of Parliament (MP) switches political party between elections, taking their parliamentary seat with them and potentially upsetting electoral proportionality in the Parliament of New Zealand.[1]
Waka jumping legislation
The implementation of mixed-member proportional (MMP) electoral system following a referendum in 1993 led to a series of defections and re-alignments as the former two-party system adjusted to the change. This led to the rise and fall of a number of political parties in New Zealand, including the creation of New Zealand First and ACT. The new political climate tended to favour the establishment of new political parties (whereas in former times dissidents had often simply become independent MPs).[citation needed] In the two previous Parliaments before the Act was passed, 22 MPs defected.[2]
Due to the frequency of Waka jumping, New Zealand enacted the Electoral (Integrity) Amendment Act 2001, which had been introduced by Michael Cullen in 1999.[2] The Act expired at the 2005 election as the sunset clause came into effect. It required any MP who had entered Parliament via a party list to resign from Parliament if they left that party's parliamentary caucus.[3] However, parties were still able to find ways around this law. When the Alliance split in 2002 over how to respond to the invasion of Afghanistan, Jim Anderton nominally remained the leader of the Alliance within Parliament, while campaigning outside Parliament as the leader of the newly-founded Progressive Party.[4] The resulting uncertainty around the Alliance’s position contributed to then-Prime Minister Helen Clark’s decision to call an early general election in 2002.[5] While the law was in force, it was used once to expel a list MP from Parliament (an electorate MP who changed parties could still fight a by-election, as Tariana Turia did[6]). In December 2003, the ACT Party caucus voted to expel Donna Awatere Huata, an ACT list MP who became an Independent after being charged with fraud.[7] The expulsion became the subject of litigation, and Awatere Huata was not expelled from Parliament until a Supreme Court decision handed down in November 2004.[8] A proposed Bill to replace the Act in 2005 failed.[9]
The new Electoral (Integrity) Act Amendment Bill 2018[10] is currently before the Select Committee.[11] The member in charge is Andrew Little. The Bill is sponsored by the Government as part of the coalition agreement between Labour and New Zealand First.[12] The Bill has generated significant media coverage.[13][14][15] It is substantively the same as the original 2001 Act (albeit without a sunset clause) and shares the same avowed purpose to "enhance public confidence in the integrity of the electoral system by upholding the proportionality of political party representation in Parliament as determined by electors".[16]
Etymology
The Māori word waka applies often to a large Māori canoe (or any vehicle). The term waka-jumping is a variant on the phrase "jumping ship".
List of waka-jumpers
MMP era
Historic waka-jumpers
Notes
- 1.^ After becoming an Independent politician, Peters successfully contested a by-election in his Tauranga electorate.
- 2.^ After switching to the Maori Party, Turia had to contest a by-election, in line with the ban on waka-jumping then in force. She won the resulting contest in Te Tai Hauauru.
- 3.^ After crossing to the Mana Movement, Harawira successfully contested a by-election in his constituency of Te Tai Tokerau.
See also
References
- ^ "Maori Party vote vital to save 'waka-jumping act' – National – NZ Herald News". The New Zealand Herald. 23 October 2005. Retrieved 5 December 2011.
- ^ a b Hansard (6 December 2005) 628 NZPD 559, retrieved from https://www.parliament.nz/en/pb/hansard-debates/rhr/document/48HansD_20051206_00001032/electoral-integrity-amendment-bill-first-reading
- ^ Electoral (Integrity) Amendment Act 2001 (PDF) (105). 21 December 2001.
- ^ Geddis, Andrew (2002). "Party-hopping". New Zealand Law Journal: 137–138.
- ^ Martin, John (2004). The House: New Zealand's House of Representatives, 1854–2004. Palmerston North: Dunmore Press. p. 330. ISBN 0-86469-463-6.
- ^ Geddis, Andrew (11 January 2018). "Who controls the past now, controls the future". Pundit. Retrieved 27 May 2017.
{{cite web}}: Cite has empty unknown parameter:|dead-url=(help) - ^ "ACT Caucus Votes to Expel Donna Awatere Huata". Scoop. 16 December 2003. Retrieved 27 May 2018.
{{cite web}}: Cite has empty unknown parameter:|dead-url=(help) - ^ Taylor, Kevin (19 November 2004). "Awatere facing expulsion from Parliament after court decision". New Zealand Herald. Retrieved 27 May 2018.
{{cite web}}: Cite has empty unknown parameter:|dead-url=(help) - ^ "Electoral (Integrity) Amendment Bill 3-1 (2005), Government Bill – New Zealand Legislation". www.legislation.govt.nz. Retrieved 24 May 2018.
- ^ "Electoral (Integrity) Amendment Bill 3-1 (2005), Government Bill – New Zealand Legislation". www.legislation.govt.nz. Retrieved 24 May 2018.
- ^ "Bills (proposed laws)". Retrieved 24 May 2018.
- ^ "Foundation for strong and proactive government". New Zealand Labour Party. Retrieved 24 May 2018.
- ^ "The waka-jumping bill: a bad solution to a non-existent problem". The Spinoff. 3 May 2018. Retrieved 24 May 2018.
- ^ "Jeanette Fitzsimons: Reject the waka-jumping law". Newsroom. 5 May 2018. Retrieved 24 May 2018.
- ^ "Waka-jumping legislation 'undemocratic' say experts". Radio New Zealand. 1 May 2018. Retrieved 24 May 2018.
- ^ Electoral (Integrity) Amendment Bill 2018. Retrieved 24 May, 2018 from http://www.legislation.govt.nz/bill/government/2005/0003/latest/whole.html.
- ^ Boston; et al. (1996). New Zealand Under MMP: A New Politics?. Auckland: Auckland University Press. p. 51. ISBN 1869401387.
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