Introduction
The Term of Parliament (Enabling 4-year Term) Legislation Amendment Bill (128-1) represents an unacceptable threat to New Zealand’s democratic principles and must be rejected in full.
Our 3-year parliamentary term has long protected democratic accountability, allowing voters to frequently assess their representatives’ performance. This Bill undermines those protections by enabling the sitting Prime Minister to extend their own time in power, thereby eroding oversight and threatening the constitutional balance.
1. Frequent Elections Are Essential to Prevent Government Overreach
Frequent elections are a core check on executive power.
- New Zealand’s 3-year electoral cycle ensures that governments remain responsive to the public and are held to account regularly.
- Countries with longer terms typically have more robust checks and balances, such as elected upper houses (e.g., Australia’s Senate, the U.S. Congress). New Zealand's unicameral system lacks these safeguards, making our short term a vital democratic counterbalance.
The claim that a longer term improves governance is unsubstantiated.
- There is no compelling evidence that longer terms lead to better legislation.
- Controversial reforms, such as the rushed Three Waters legislation and aspects of the COVID-19 response, demonstrate that urgency—not term length—drives legislative speed.
- A longer term could reduce parliamentary scrutiny and allow governments to push through major changes without facing voters for extended periods.
New Zealand’s term length is internationally reasonable.
- While some democracies have 4- or 5-year terms, they often include mechanisms like mid-term elections, stronger judicial oversight, or citizen recall provisions—none of which exist in New Zealand.
- Our existing structure demands more frequent elections to preserve balance and prevent power consolidation.
2. Clause 5(2) Hands Election Control to the Prime Minister
This clause permits the Prime Minister to choose between a 3- or 4-year term by proclamation.
- Allowing the sitting government to decide its own term length is deeply undemocratic and sets a dangerous precedent.
- No democratic system should give those in power the discretion to determine how long they remain in office.
Recommended Action: Remove Clause 5(2) entirely. The term of Parliament should remain fixed and beyond the government’s control.
3. Clause 2(3): The Referendum is Misleading
The proposed referendum wording obscures the real implications.
- It fails to clarify that future governments—not the public—would decide whether to use a 3- or 4-year term.
- A genuine democratic mandate would involve asking whether all future Parliaments should operate under a fixed 4-year term.
Recommended Action: Remove Clause 2(3). A referendum under misleading terms is unacceptable. No change to the term length should be pursued without full clarity and direct public approval.
4. Clause 8: Entrenchment is Unjustified
Entrenching a controversial and untested provision is inappropriate.
- Clause 8 would make future amendments extremely difficult, requiring a 75% supermajority or a second referendum.
- There is no justification for entrenching a provision that reduces the frequency of elections and potentially erodes democratic responsiveness.
- If the 4-year term proves flawed, it must be easy to restore the 3-year system.
Recommended Action: Remove Clause 8. Entrenchment is only suitable for fundamental democratic principles—not experimental reforms.
Conclusion: Reject the Bill in Its Entirety
This Bill threatens New Zealand’s proud tradition of democratic accountability. It reduces voter oversight, concentrates power in the hands of the Prime Minister, and introduces a referendum process that obscures the reality of the proposed change.
The current 3-year term is not broken. It is a vital safeguard that keeps our democracy strong, nimble, and responsive. There is no legitimate justification for tampering with this cornerstone of our system.
Parliament must reject this Bill to protect the democratic integrity of Aotearoa New Zealand.