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NEW ZEALAND
House of Representatives

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

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GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name House of Representatives
More photos  >>>
Structure of parliament Unicameral
Affiliation to the IPU Yes
Affiliation date(s) 1959 -
LEADERSHIP
President Alexander Lockwood Smith (M) 
Notes Elected on 8 Dec. 2008, re-elected on 20 Dec. 2011.
Secretary General Mary Harris (F) 
COMPOSITION
Members (statutory / current number) 120 / 121
PERCENTAGE OF WOMEN


More statistics  >>>
Women (current number) 39 (32.23%)
Mode of designation directly elected 120
other 1
Notes Other: there are currently two overhang seats.
Term 3 years
Last renewal dates 26 November 2011
(View details)
CONTACT INFORMATION
Address House of Representatives
Parliament House
Wellington
NEW ZEALAND
(Export mailing lists)
Phone (64 4) 817 99 99
Fax (64 4) 817 64 22
E-mail ipu@parliament.govt.nz
parlinfo@parliament.govt.nz
Website
http://www.parliament.nz/

ELECTORAL SYSTEM

Parliament name House of Representatives
Structure of parliament Unicameral
LEGAL FRAMEWORK
Electoral law 17 December 1993
Electoral Act 1993 (Last modified:16.05.2005)
Mode of designation directly elected 120
other 1
Constituencies - 63 single-member general electoral districts
- 7 single-member Maori electoral districts
- a further 50 members are elected from party-lists
Voting system Mixed: Mixed-member proportional system. Voters have two votes, known as a "party vote" and an "electorate vote".
- simple majority vote for 63 members elected from single-member General electoral districts and for seven members elected from single-member Maori electoral districts
- the remaining 50 members are elected from nationwide party lists, according to each party's share of all the party votes. A party must get at least five percent of all the party votes or win an electorate seat to get a share of the list seats in the House of Representatives. If a party does not have enough electorate members to reach the total number of members that it is entitled to according to its share of all the party votes, it "tops up" to its rightful number with list members.
Under the New Zealand electoral system, seats are first allocated to candidates winning electorate seats. Parties will then get a share of seats in Parliament close to their share of "party votes". If parties win more electorate seats than their share of seats determined by the party vote then they can keep the extra seats, called "overhang seats".
Vacancies arising between general elections are filled through by-elections (for electorate members) or by the next available candidate on the same party-list (for list members).
Voting is not compulsory but enrolment is.
Voter requirements - age: 18 years
- New Zealand citizenship or a lawful permanent resident of New Zealand
- continuous residence in the country for at least one year
- continuous residence in electoral district for at least one month, or current residence therein
- Maoris may register and vote either in the General electoral district in which they reside or in the appropriate Maori electoral district
- disqualifications: citizens and permanent residents abroad who fail to meet certain residence requirements, various forms of insanity or mental disorder, conviction for corrupt electoral practices within the preceding three years, undergoing a prison sentence of three years or more
CANDIDATES
Eligibility Qualified electors
- age: 18 years
- New Zealand citizenship
Incompatibilities - state servant (placed on leave of absence until after the election and, if elected, vacates office)
Candidacy requirements Electorate candidates must:
- be nominated by at least two electors registered in the electoral district for which the candidate seeks election
- be nominated in the period between writ day and noon on nomination day
- pay a deposit of NZ$300, reimbursed if the candidate wins five percent or more of all the electorate votes cast in the electoral district in which he or she stands for election
List candidates must:
- be on a list that is submitted by noon on the nomination day to the Chief Electoral Officer by a party registered by the Electoral Commission; no monetary deposit is required.

LAST ELECTIONS

Parliament name House of Representatives
Structure of parliament Unicameral
BACKGROUND
Dates of election / renewal (from/to) 26 November 2011
Timing and scope of renewal Elections were held for all the seats in the House of Representatives on the normal expiry of the members' term of office.
On 2 February 2011, Prime Minister John Key announced that the general election and a referendum on the electoral system would be held on 26 November.

In the previous elections held in November 2008, the National Party, led by Mr. Key, took 58 of the 122 seats at stake (see note), 15 more than the Labour Party of then Prime Minister Helen Clark. The Green Party took nine seats, while ACT New Zealand and the Maori Party took five seats each. Two other parties took one seat each. Ms. Clark resigned as Labour leader and was succeeded by Mr. Phil Goff. In late November, Mr. Key was sworn in as Prime Minister, ending nine years of a Labour-led government. His government was supported by the ACT New Zealand and United Future (one seat).

The global economic crisis which started in 2008 severely affected the country's economy. June 2009 marked the longest recession in the country's history after its economy shrunk for the fifth consecutive quarter. The unemployment rate hit a nine-year high of 6.5 per cent. By 2011, the country's budget deficit had reached a record NZ$18.4 billion (about US$ 13.6bn).

In January 2011, Prime Minister Key announced a plan to sell 49 per-cent stakes in four State-owned energy companies and Air New Zealand. The plan, criticized by the Labour Party, would become a major election issue in 2011. In February, a powerful earthquake hit Christchurch, New Zealand's second-largest city, killing 181 people. The quake aggravated an already ailing economy, causing consumer spending to nose-dive and leaving the country with a NZ$ 20-billion reconstruction bill. Unemployment rose to 6.6 per cent in September.

In all, 544 candidates including 147 women contested the 2011 elections, which once again saw a duel between the National Party and the Labour Party. Both parties focused on the economy and job creation.

Prime Minister Key's National Party pledged to halve the budget deficit in 2012 and achieve a surplus in the 2014-2015 fiscal year. It also promised to pass legislation to implement the "starting out wage", a lower wage for inexperienced young workers, in order to stem the rise of youth unemployment.

Labour Party leader Goff called on voters' support for his party, arguing that voting for the National Party would result in the sale of State assets despite strong public sentiment against the plan. The Labour Party promised to spur economic growth and create jobs by working with industries and tackling growing poverty.

On the referendum on the electoral system, Labour leader Goff said he would support the current mixed-member proportional system (MMP). Prime Minister Key said he would vote for the supplementary member system (SM, also known as the "parallel system"). The Prime Minister argued that the SM was not as "volatile" as the MMP, but still allowed for proportional representation, which was preferable to gender and ethnic balance.

On 26 November, 73.51 per cent of the 3 million registered voters turned out at the polls.

The final results gave 59 seats the National Party and 34 to the Labour Party. The Green Party and New Zealand First took 14 and eight seats respectively, while the Maori Party took three. Three other parties took one seat each. In all, 39 women were elected to a new 121-member parliament. Labour leader Goff, whose party lost nine electoral seats, resigned as party leader on 13 December.

On 5 December, Prime Minister Key announced that his National Party would form a coalition government with United Future and ACT New Zealand, both of which took one seat each.

In the referendum on the voting system, over 56 per cent of voters said that New Zealand should keep the MMP. In response to the question on which system they would prefer if New Zealand were to change to another voting system, 31% of the voters (the highest) favoured the first-past-the post (FPTP) system.

On 20 December, the newly elected Parliament held its first session and re-elected Mr. Alexander Lockwood Smith of the National Party as its Speaker.

Note:
Under the MMP, seats are first allocated to candidates winning electoral seats. Parties will then get a share of seats in Parliament in keeping with their share of "party votes". In cases where parties win more electoral seats than their share of seats determined by the party vote, they may keep the extra seats, the so called "overhang seats". In the 2008 elections, the Maori Party won two overhang seats, thus bringing the total number of seats to 122, in lieu of the statutory 120.
STATISTICS
Voter turnout
Round no 126 November 2011
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
3'070'847
2'257'336 (73.51%)
19'872
2'237'464
Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
National Party 1'058'637 47.31
Labour Party 614'935 27.48
Green Party 247'370 11.06
New Zealand First 147'544 6.59
Maori Party 31'982 1.43
Mana 24'168 108.00
United Future 13'443 0.60
ACT New Zealand 23'889 1.07
Distribution of seats
Round no 1
Political Group Total of seats Electorate seats List seats
National Party 59 41 18
Labour Party 34 23 11
Green Party 14 0 14
New Zealand First 8 0 8
Maori Party 3 3 0
Mana 1 1 0
United Future 1 1 0
ACT New Zealand 1 1 0
Distribution of seats according to sex
Men

Women

Percent of women
82

39

32.23%
Distribution of seats according to age
Distribution of seats according to profession
Comments
Sources:
House of Representatives (17.12.2011, 22.12.2011)
http://www.electionresults.govt.nz/electionresults_2011/partystatus.html
http://www.electionresults.govt.nz/electionresults_2011/e9/html/e9_part1.html
http://www.electionresults.govt.nz/electionresults_2011/e9/html/e9_part9_1.html
http://www.parliament.nz/en-NZ/MPP/MPs/MPs/Default.htm?pf=Gender&sf=Female&lgc=0
http://www.dia.govt.nz

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name House of Representatives
Structure of parliament Unicameral
APPOINTMENT AND TERM OF OFFICE
Title Speaker of the House of Representatives
Term - duration: 3 years (term of House)
- reasons for interruption of the term: resignation, disqualification from membership of the House, death

Appointment - elected by all Members of the House, at the first sitting of a new Parliament
- after Members' mandates are validated and after Members are sworn in
Eligibility - any Member may be candidate
Voting system - usually the Government candidate is elected unopposed; there is a formal vote when two or more candidates are proposed
- if more than 2 candidates are proposed, Members vote from their seats in the Chamber and Members are asked to state which nominee they vote for, until only two candidates remain
- absolute majority is required
Procedures / results - the Clerk presides over the House during the voting
- the Clerk supervises the voting
- the Clerk announces the results without any delay
- the election must be confirmed by the Governor-General who could refuse to do so; however, this has never occured

STATUS
Status - ranks third after the Governor-General; the Speaker does not act as Head of State
- represents the House with the public authorities
- is chairperson of the Parliamentary Services Commission
- in the absence of the Speaker, the Deputy-Speaker can assume his/her role and functions
Board
Material facilities - salary equivalent to a Government Minister
+ expense allowance
- official residence
- additional staff

FUNCTIONS
Organization of parliamentary business - examines the admissibility of bills and amendments in certain circumstances
- chairs Business Committee of the House of Representatives
Chairing of public sittings - can open, adjourn and close sittings
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning the House
- takes disciplinary measures in the event of disturbance, and lifts such measures
- gives and withdraws permission to speak
- establishes the order in which amendments are taken up and selects which amendments are to be debated
- does not call for a vote, but verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum
- interprets the rules or other regulations governing the life of the House, according to precedents
- has discretionary power to give the floor outside the agenda and thus can organize impromptu debate on a matter of urgent public importance
Special powers - approves draft budget for Parliamentary Services and Office of the Clerk
- is consulted concerning policy decisions relating to recruitment and promotion of staff
- recommends appointment of the Clerk, after consultation with the Prime Minister and the Leader of the Opposition
- is responsible for relations with foreign Parliaments, as ex officio president of Commonwealth Parliamentary Association and IPU
- is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Chamber, with the Serjeant-at-Arms
Speaking and voting rights, other functions - intervenes in the parliamentary oversight procedure

PARLIAMENTARY MANDATE

Parliament name House of Representatives
Structure of parliament Unicameral
NATURE
Nature of the mandate · Free representation
Start of the mandate · On the day after the day of the return (of the writ) (S. 54 of the Electoral Act)
Validation of mandates · Validation by the High Court or the Court of Appeal only in case of challenge by election petitions (S. 229 of the Electoral Act)
· Procedure (S. 229 to 246, 258 to 262 of the Electoral Act, Election Petition Rules)
End of the mandate · On the day of new elections (S. 54 of the Electoral Act) (for early dissolution, see Art. 18 (2) to (4) of the Constitution Act of 1986, as amended up to and including 1987). For the Speaker, see Art. 13 of the Constitution Act.
Can MPs resign? Yes · Yes, of their own free will
· Procedure: in writing addressed to the Speaker
Can MPs lose their mandate ? No
STATUS OF MEMBERS
Rank in hierarchy · Outside Parliament: the official order of precedence ranks the Speaker in the 3rd position, the Leader of the Opposition in the 8th position, and the other MPs in the 10th position.
Indemnities, facilities and services · Official passport
· Basic salary: NZD 6,666 to 12,540 per month
+ Basic Expense Allowance: NZD 7,000 to 12,000 per year
+ Additional Allowance (for the Speaker, Deputy Speaker, Assistant Speakers, Deputy Leaders): NZD 1,000 to 8,500 per year
+ Constituency Allowance (for constituency MPs): NZD 8,000 to 20,000 per year
· Exemption from tax
· No special pension scheme for new MPs
· Other facilities:
(a) Secretariat/assistants (see also the Parliamentary Service Act and the Clerk of the House of Representatives Act): secretarial, research, and office assistance
(b) Official housing: Wellington Accommodation Allowance; House and Grounds Maintenance Allowance for the Speaker, House and Grounds Maintenance Allowance and House Allowance for the Leader of the Opposition (alternatively Day and Night Allowances when on business in Wellington)
(c) Postal and telephone services
(d) Travel and transport: Travelling Allowance + Day and Night Allowances, car reimbursement
(e) Others: allowance for purchase of motor vehicle
Obligation to declare personal assets Yes
Parliamentary immunity - parliamentary non-accountability · The concept does exist
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (SO 117 to 120 of the Standing Orders of the House of Representatives, see Discipline), sub judice matters (SO 115 and 116 of the Standing Orders of the House of Representatives)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
Parliamentary immunity - parliamentary inviolability · The concept does not exist.
EXERCISE OF THE MANDATE
Training · There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by parliamentary officials and party groups.

Participation in the work of the Parliament · It is compulsory for MPs to be present at plenary sittings (SO 36 of the Standing Orders of the House of Representatives). For leave of absence, see SO 37 to 38 of the Standing Orders of the House of Representatives.
· Penalties foreseen in case of failure to fulfil this obligation (SO 384 to 392, and 394 of the Standing Orders of the House of Representatives)

Discipline · The rules governing discipline within Parliament are contained in SO 50, 82 (1), 87 to 94, 110 (2), 117 to 120, 384, 385 (1) and (2), 386 to 393, and 395 of the Standing Orders of the House of Representatives.
· Disciplinary measures foreseen:
- Order to terminate the speech (SO 110 (2) of the Standing Orders of the House of Representatives)
- Order to withdraw (SO 87 of the Standing Orders of the House of Representatives)
- Naming and suspension (SO 88 to 93 of the Standing Orders of the House of Representatives)
- Adjournment of the House, suspension of the sitting (SO 50 of the Standing Orders of the House of Representatives)
· Specific cases:
- Offence or insult (SO 117 to 120 of the Standing Orders of the House of Representatives): intervention by the Speaker
- Contempt of the House in cases of disobedience to rules or orders of the House (SO 94, 392, 393, and 395 of the Standing Orders of the House of Representatives):
· Competent body to judge such cases/to impose penalties (SO 82 (1) of the Standing Orders of the House of Representatives):
- Order to terminate the speech, order to withdraw, adjournment of the House, suspension of the sitting, offence or insult: the Speaker
- Naming: the Speaker, the House of Representatives
- Suspension, contempt of the House in cases of disobedience to rules or orders of the House: the House of Representatives
· Procedure:
- Order to terminate the speech (SO 110 (2) of the Standing Orders of the House of Representatives)
- Order to withdraw (SO 87 of the Standing Orders of the House of Representatives)
- Naming and suspension (SO 88 to 93 of the Standing Orders of the House of Representatives)
- Adjournment of the House, suspension of the sitting (SO 50 of the Standing Orders of the House of Representatives)
- Offence or insult (SO 119 of the Standing Orders of the House of Representatives)
- Contempt of the House in cases of disobedience to rules or orders of the House (SO 94, 384, 385 (1) and (2), 386 to 393, and 395 of the Standing Orders of the House of Representatives)
Code (rules) of conduct · This concept does not exist in the country's juridical system.
Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 25 January 2012
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