Google AI
The Times Australia
The Times World 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)

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

Times Magazine

How Decentralised Applications Are Reshaping Enterprise Software in Australia

Australian businesses are experiencing a quiet revolution in how they manage data, execute agreeme...

Bambu Lab P2S 3D Printer Review: High-End Performance Meets Everyday Usability

After a full month of hands-on testing, the Bambu Lab P2S 3D printer has proven itself to be one...

Nearly Half of Disadvantaged Australian Schools Run Libraries on Less Than $1000 a Year

A new national snapshot from Dymocks Children’s Charities reveals outdated books, no librarians ...

Growing EV popularity is leading to queues at fast chargers. Could a kerbside charger network help?

The war on Iran has made crystal clear how shaky our reliance on fossil fuels is. It’s no surpri...

TRUCKIES UNDER THE PUMP AS FUEL PRICES BECOME TWO THIRDS OF OPERATING COSTS FOR SOME BUSINESS OWNERS

As Australia’s fuel crisis continues, truck drivers across the nation are being hit hard despite t...

iPhone: What are the latest features in iOS 26.5 Beta 1?

Apple has quietly released the first developer beta of iOS 26.5, and while it may not be the hea...

The Times Features

Nearly Half of Disadvantaged Australian Schools Run Lib…

A new national snapshot from Dymocks Children’s Charities reveals outdated books, no librarians ...

Why a Skin Check Should Be Part of Your Gather Round Pl…

There’s a certain rhythm to AFL Gather Round - long days outdoors, packed stands, and a city that ...

Kinder Joy Hosts a Free Night in the Museum Dinosaur Ad…

This April, Kinder Joy invites families to step into a thrilling after-hours dinosaur adventure ...

THE MTick® ARRIVES IN AUSTRALIA

GenM – The Menopause Partner for Brands and Home of the MTick®, - has brought its life  changing, ...

Brisbane celebrates 25 years of Roma Street Parkland

One of Brisbane’s gardening jewels will mark its 25th anniversary on April 6, commemorating the ...

You’re hungry. There’s a McDonald’s ahead. Should you g…

What are the unhealthy options? It’s a familiar moment. You’re driving, working late, travelli...

Hearing Australia first in the world to provide innovat…

Australians with hearing loss will benefit from a new generation hearing aid fitting prescription...

Running Run Army this month? Here's how to prep for rac…

With Run Army Brisbane this Sunday and Townsville to follow on 19 April, GO2 Health’s Kate Boucher...

As the Iran war disrupts supplies, will it affect acces…

As the conflict in the Middle East disrupts fuel, shipping and food supplies, many are starting ...