Binding referendums anyone?

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  • 8/14/2019 Binding referendums anyone?

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    Steve Baron

    Cambridge's Eye on Democracy

    binding Referendums Anyone?

    (507 words)

    Thousand of New Zealanders, and at least one person from Cambridge (me) participated

    in the 'March for Democracy' up Queen Street in Auckland on the 21st November. They

    were protesting because the government has ignored yet another referendum and they

    were calling for referendums to be made binding. While New Zealand is indeed a

    wonderful place to live, and certainly far more democratic than most countries, our

    democracy can always be improved.

    In August of 2009, New Zealanders were faced with a citizens initiated referendum,

    Should a smack as part of good parental correction be a criminal offense in New

    Zealand?. The purpose of this referendum was to repeal the Crimes (Abolition of Force

    as a Justification for Child Discipline) Amendment Billwhich had been introduced to

    parliament by Green Party MP, Sue Bradford. Overwhelmingly, 87.4% of those who voted

    answered 'no'. The Taupo (Cambridge) electorate took a very strong interest in this

    referendum with a higher than average turnout and a higher than average percentage of

    'no' voters than many other electorates. The trouble is, in New Zealand, unlike Switzerland

    where referendums have been in use for over one hundred and thirty years, referendums

    are not binding on the New Zealand government.

    When the CIR Act was first being introduced there was much comment and

    discussion. Cabinet Minister Sir Douglas Graham said in parliament in 1993,

    The Citizens Initiated Referenda Bill gives the freedom to engage the entire nation

    in any topic of our choosing. . any Government that fails to respect the outcome

    of a non-binding referendum will have to convince us at the next general election

    that its decision was justified. It is my belief that we will rarely witness by Parliament

    the rejection of a referendum result.

    The recent referendum was not the only referendum that has been ignored. In the past we

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    have had a referendum to reduce the number of MPs to 99 with 81.47% agreeing, but the

    government ignored it. There have also been others. Cabinet Minister Murray McCully was

    quoted back in 1992 as saying,

    To those who want to step immediately to binding referenda, I say that they will

    have their opportunity when the legislation is in force to express that view by themechanism that the bill will provide. In other words, those who wish to promote that

    referenda shall be binding will be able to initiate a non-binding referendum to

    demonstrate public sympathy for their view. I commend that course to them.

    Well this is exactly what is about to happen. Larry Baldock, a former MP, is proposing a

    new referendum to make referendums binding on the government. Whether or not Mr

    Baldock is successful in collecting the huge amount of signatures required to trigger this

    referendum remains to be seen. However, if New Zealanders want this change then this isthere opportunity to get in behind the referendum process by signing Mr Baldock's petition

    to have a referendum, helping to collect signatures, voting and putting pressure on our

    politicians for change.

    Steve Baron is an author, Founder of Better Democracy NZ, and a

    regular contributor to publications throughout New Zealand. He

    resides in Cambridge. [email protected]

    www.betterdemocracy.co.nz

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