Why Oppose the Constitution Amendment Bill
This is not a “tidy up” — it is democratic erosion. The bill extends the tenure of Ministers and Under-Secretaries even after they cease to be MPs. It breaks the core link between executive power and parliamentary mandate, relies on weak caretaker conventions, creates loopholes for unelected actors, and incentivises delay in election processes. Far from reassuring voters, it risks undermining public confidence, Te Tiriti obligations, and the legitimacy of government itself.
Here’s what the bill really does, why it’s dangerous, and how it reshapes the transition of government into a less accountable and less trusted system.
Key Principles at Stake
- Constitution Act 1986 s6: establishes that Ministers must be Members of Parliament, anchoring executive authority in electoral legitimacy.
- Parliamentary accountability: Ministers must answer to Parliament — a principle weakened if they remain in office without seats.
- Caretaker conventions: Cabinet Manual rules are non-binding conventions, vulnerable to being ignored, as history shows.
- Te Tiriti o Waitangi: requires active protection of Māori participation and political equity — undermined when public trust and democratic accountability are eroded.
What This Bill Really Does
- Keeps unelected Ministers in power: Extends ministerial office until list candidates are declared, even if they have lost their seats.
- Creates loopholes for Under-Secretaries: Drafting may allow Under-Secretaries who resign or are disqualified mid-term to remain in office until the next Parliament.
- Relies on fragile conventions: Entrusts unelected Ministers with power under caretaker norms that are not legally binding.
- Incentivises delay: By tying tenure to Electoral Commission declarations, recounts and disputes could prolong incumbency.
- Contradicts restrictions on voters: Government justifies tighter enrolment deadlines to “speed counts” while granting itself unlimited extension of executive tenure.
Why This Threatens Accountability and Trust
- Democratic mandate severed: Ministers exercise authority without being MPs, undermining legitimacy.
- Caretaker rules insufficient: Without law, conventions can be breached — leaving no enforceable limits on executive power.
- Public trust weakened: Extending politicians’ power after they lose seats looks self-serving and fuels cynicism about Parliament.
- Manipulation risks: Outgoing governments may quietly benefit from delayed counts, reducing urgency to finalise results.
- Te Tiriti impacts: Erosion of accountability disproportionately harms Māori, already under-represented in political institutions.
The Bigger Pattern
Protect incumbents, not voters. This Bill is framed as continuity but operates as insulation for politicians. It extends tenure without mandate, defers accountability, and prioritises executive security over democratic participation. When paired with voter restrictions debated in parallel, the pattern is clear: curtail enrolment and extend politicians’ own power.
If You Care About Democracy, Accountability, and Te Tiriti
This Bill is not harmless — it is structural erosion. It makes government less accountable, less legitimate, and less trusted.
If you believe Ministers must remain answerable to Parliament at all times…
If you believe continuity should come from process and law, not unelected power…
If you believe Te Tiriti obligations require strengthening participation and trust, not weakening them…
Then now is the time to oppose this bill.
“When unelected Ministers govern under fragile conventions, legitimacy does not endure — it collapses.” — Ukes Baha
Read the full submission: Formal Opposition to the Constitution Amendment Bill