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Submission guide for MMP Review

The date for sending in a submission on this issue has passed.

How to make a submission

The deadline for submissions is Thursday 31st May, or Thursday 5th April if you'd like to make a submission in person.

Read about making a submission in New Zealand Sign Language

There is no special format for making a submission, but there are useful guides available online:
Consultation Paper on the MMP Review website

Email your submission to: mmpreview [at] elections [dot] org [dot] nz or use one of the online forms:

Post to: MMP Review, Electoral Commission, PO Box 3220. Wellington 6140

Include your contact details (name, email address, postal address, phone number) in your submission.

Indicate whether you would like to speak face to face in support of your submission. It may feel daunting, but is a worthwhile and will help reinforce and clarify the points made in your submission.

How long should my submission be?

Your submission can be as long or short as you like. If you'd like to only spend a few minutes, use the Quick five minute submission form.

Background

After the success of MMP in last year's referendum, we now get a chance to have a say on how our voting system works and what we'd like to see changed through the MMP Review process, led by the Electoral Commission.

MMP is a great voting system. It's fair, has made parliament a more diverse and representative place, and gives voters choice. Through this public review process, we get the opportunity to make it even better.

The issues that must be considered as a part of the review have already been decided and are set out in the Electoral Referendum Act 2010. These are:

  • the thresholds for the allocation of list seats,
  • list members contesting by-elections,
  • the rules allowing candidates to both contest an electorate and be on a party list,
  • the rules for ordering candidates on party lists,
  • the effect of a party winning more electorate seats than its party vote share entitles it to,
  • the effects of the ratio of electorate seats to list seats on proportionality in certain circumstances, and
  • other matters referred to the Commission by the Minister of Justice or Parliament.

It's important to note that two areas are not included in this review, but are part of the current Constitutional Review. These are:

What to include in your submission

Try to put information in your own words and be clear about what you want changed.

As a guide, the Electoral Commission suggests asking yourself the following question to judge whether or not an issue falls within the scope of the review: "Is this issue directly related to how the MMP voting system works?"

It is also important to remember that any changes made to MMP do not undermine the principles of fairness, proportionality, and diversity.

1) State clearly what you support/agree with

2) State clearly what you oppose

3) Include recommendations for how you would improve MMP

Key points to cover

There are three key issues included in this review that we think could impact on the essential principles of MMP (fairness, proportionality and diversity). These are:

We recommend that you submit on these three key issues using the discussion below as guidance.

Dual Candidacy

Currently, it is possible for candidates to stand for an electorate seat and on a party list, which is known as dual candidacy.

Removing dual candidacy would have a real impact on smaller parties, particularly as it would limit a list candidate's ability to campaign locally (i.e. by not being included in local debates or public meetings). It could also see a return to FPP-style politics, as only those candidates with a strong chance of winning the electorate seat would be likely to stand.

Part of this issue is often linked to questions around the value or role of list MPs. It is important to remember that MMP has shown that MPs can represent people across different kinds of constituencies, like age, gender, ethnicity or areas of interest, not just their geography. Limiting the options for list MPs would undermine their purpose and their ability to represent national constituencies.

The 1986 Royal Commission report on the Electoral System did consider excluding electorate candidates from party lists, but recommended against it on a number of reasons (including party disunity and the additional burden on small parties). They described removing dual candidacy as "undesirable in principle and unworkable in practice".

Thresholds

New Zealand currently has two legal thresholds with the purpose of providing effective government without placing major hurdles in the way of emerging political parties. Currently, a party will gain seats in parliament if they receive 5% or more of the overall party vote, or at least one electorate seat.

One electorate seat threshold

The one electorate seat threshold was originally recommended by the Royal Commission as a way to help smaller parties gain representation, reduce wasted votes and contribute to the overall proportionality and diversity of parliament.

In reality, this threshold has produced disproportionate results, particularly in the 2008 election. New Zealand First gained 4.1% of the vote, but no seats in parliament, whereas the ACT party won 3.6% of the party vote, but five seats in parliament, due to the fact that it won an electorate seat.

Removing the one electorate seat threshold would make the system fairer by establishing a consistent threshold to entry for all parties (the party vote threshold). It would also ensure that the electorate vote of voters in particular seats do not assume a greater significance than any others - everyone's electorate vote would have equal value.

5% party vote threshold

The current party vote threshold in New Zealand is 5%, although the Royal Commission and the original legislation initially suggested a 4% threshold, as they viewed 5% as being too great an obstacle to the development of new and emerging parties.

As well as removing the one electorate seat threshold, lowering the party vote threshold would help ensure the diversity and proportionality of parliament. A lower threshold means fewer wasted votes (the number of votes for a party that fails to reach the threshold) and would help offset the increased barrier to entry of removing the one electorate seat threshold.

Ratio of electorate seats to list seats

There are existing rules within the Electoral Act 1993 that determine the division of electorates between the North and South Island, as well as the Māori seats. Because of the disproportionately faster population growth of the North Island compared to the South Island, the number of North Island general electorates has increased after every census, which then decreases the number of list seats. For example, there were 55 list seats in 1996, which has since reduced to 50 in 2011.

If this trend continues, it is possible we could reach a time when the number of list seats could be too small to guarantee proportionality. MMP works on the basis that a party's share of the vote translates to seats in parliament - if a party gets 10% of the vote, it gets 10% of the seats. Fewer list seats means it may be hard to share seats according to how many votes a party won in an election.

Fewer list seats would also undermine the value of list MPs and the diversity of parliament. Some significant sectors of society (including women and Pacific Islanders) are much better represented among list MPs than among electorate MPs, so reducing the number of list seats could make parliament less diverse and representative.

One way to resolve this potential problem could be to commit to a set ratio of electorate and list seats.

Review timeline

13 February 2012: Consultation Paper released and call for submissions

5 April 2012: Deadline for submissions for those wanting to present in person to the Commission.

24 April - 18 May 2012: Presentation of submissions (public hearings) take place

31 May 2012: Final deadline for submissions

June-July 2012: Consideration and development of possible proposals for changes to MMP voting system

13 August 2012: Proposal Paper released and call for submissions

7 September 2012: Submissions close on Proposal Paper

24 September 2012: Submissions and summary of submissions received on proposals available at www.mmpreview.org.nz or by calling 0800 36 76 56

31 October 2012: Final report presented to Minister of Justice

More information on the submission process, the MMP voting system, and the areas being considered can be found here - www.mmpreview.org.nz or by calling 0800 36 76 56.

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