December 2020 Māori Law Review

2020 General Election and government formation

The Electoral Commission released the final results of the 17 October general election on 6 November 2020 and supplemented the results with more detailed analysis of voting behaviour in late November 2020.

Overview and result

53rd Parliament – seats in the House of Representatives

The New Zealand Labour Party secured 50% of party votes cast, giving it 65 seats in a 120 member House of Representatives. The National Party won 33 seats, ACT New Zealand 10 seats and the Green Party of Aotearoa New Zealand 10 seats.  The Māori Party won one electorate seat, and one list seat.  The NZ First Party failed to return to Parliament as it did not win any electorate seats and its share of the party vote was below the 5% threshold (it won 2.7% of the party vote).

There are 25 Members of Parliament of Māori descent (20.8%).[1]

The seven Māori electorates returned the following members of Parliament:

ElectorateSuccessful candidateParty
Te Tai TokerauKelvin DavisLabour Party
Tāmaki MakaurauPeeni HenaraLabour Party
Hauraki-WaikatoNanaia MahutaLabour Party
WaiarikiRawiri WaititiMāori Party
Ikaroa-RāwhitiMeka WhaitiriLabour Party
Te Tai HauāuruAdrian RuawheLabour Party
Te Tai TongaRino TirikateneLabour Party


Voter turnout

Total voter turnout was 81.54% (as a percentage of those enrolled). This is the highest turnout since 2005, when it was 80.9%. This was also 2.53% above the 2017 turnout and 3.64% above the 2014 voter turnout.

Voting levels in the Māori electorates (as a percentage of those enrolled) ranged from 65.30% to 75.36%, a significant increase from the 2017 voting levels of 58.18% to 67.26%.

Voting levels across all electorates by age and by Māori or non-Māori descent (based on self-identification by voters and expressed as a percentage of those enrolled to vote) was as follows:

Age rangeMāori VotersNon-Māori voters
 18-2469.7480.51
 25-2965.6776.81
 30-3466.4776.34
 35-3968.3377.47
 40-4471.4580.06
 45-4974.3182.80
 50-5476.2984.44
 55-5978.6186.30
 60-6481.2888.17
 65-6983.5489.81
 70+81.3787.23

Government formation

Labour won a majority of 65 seats – the first one-party majority since the MMP system of proportional representation was introduced in 1996.

After two weeks of negotiation between Labour and the Greens, the parties signed a cooperation agreement which gave the Green party Co-leaders ministerial profiles outside of Cabinet in exchange for supporting the Labour government on procedural motions in the House and at Select Committees.

Thirteen ministerial portfolios were subsequently allocated to Māori Ministers along with a number of associate roles. Five Maori Ministers hold roles inside Cabinet, and two outside.[2]

Labour’s deputy leader Kelvin Davis turned down the role of Deputy Prime Minister, and the role has been allocated to Grant Robertson.

Kelvin Davis has kept the portfolios of Minister of Corrections and Māori Crown Relations, and Associate Minister of Education (Māori education). He no longer holds the Tourism portfolio but has been given fresh responsibility as Minister for Children – including Oranga Tamariki.[3]

Nanaia Mahuta was given the Foreign Affairs portfolio – the first woman, and the first Māori woman to be appointed as Aotearoa's Foreign Affairs Minister. The position was vacated by outgoing Deputy Prime Minister and NZ First MP and leader Winston Peters. Ms Mahuta remains the Minister for Local Government and has changed from Minister to Associate Minister for Māori Development.

Peeni Henare was given new portfolios as the Minister for Defence, Associate Minister for Health (Māori), and Associate Housing Minister (Māori). He kept one portfolio, Minister responsible for Whānau Ora.

Kiri Allan has been appointed to her first Ministerial roles as Minister of Conservation, Associate Environment Minister, Associate Arts, Culture and Heritage Minister, and Minister for Emergency Management. Ms Allen also won her electorate – the East Coast – for the first time, changing political representation in the region from National to Labour.

Willie Jackson moved from being an Associate Minister for Māori Development to being the Minister.

Outside of Cabinet, Meka Whaitiri was appointed Minister for Veterans and kept responsibilities as the Minister of Customs and Associate Minister of Agriculture (animal welfare).

Marama Davidson, the Green Party Co-Leader, was appointed Minister of Prevention of Family and Sexual Violence, and Associate Minister of Housing (homelessness).

Cooperation agreement and implications for Māori

In the cooperation agreement the Green Party commits to supporting the Labour Government, and the parties agreed to three areas of policy cooperation.

The Green Party co-leaders, James Shaw and Marama Davidson, were each given a Minister and Associate Minister role outside cabinet. James Shaw was appointed Minister of Climate Change and Associate Minister for the Environment (Biodiversity).

The Green Party will not oppose matters of confidence and supply and will support the Labour Government on procedural motions in the House and at Select Committees.

Outside its Ministerial profiles and the agreed areas of cooperation, the Green Party is free to determine its own position on any policy or legislative matter. However, areas of differentiation are to be dealt with on a ‘no surprises’ basis by both parties.

Prime Minister Ardern said of the agreement:[4]

This Cooperation Agreement reflects the positive working relationship between our two parties and our areas of shared interest, while respecting the mandate voters gave Labour to form a Government. It will deliver stability and cooperation in key policy areas while allowing the Greens to take an independent position from the Government on all other matters.

The agreed areas of cooperation are:

Achieving the purpose and goals of the Zero Carbon Act through decarbonising public transport, decarbonising the public sector, increasing the uptake of zero-emission vehicles, introducing clean car standards, and supporting the use of renewable energy for industrial heat.

Protecting our environment and biodiversity through working to achieve the outcomes of Te Mana o te Taiao, the Aotearoa New Zealand Biodiversity Strategy 2020, protecting Kauri, building on pest management programmes, and taking action to minimise waste and problem plastics.

Improving child wellbeing and marginalised communities through action on homelessness, warmer homes, and child and youth mental health.

In contrast with the 2017 Coalition agreement between Labour and NZ First, the cooperation agreement mentions the Treaty of Waitangi twice.

In the first paragraph the parties agree (amongst other things) to work to honour Te Tiriti o Waitangi. The document also notes the Green Party’s aspirations; one of these being to cultivate a flourishing democracy founded on Te Tiriti o Waitangi.

One of the three areas of cooperation is to improve child wellbeing and marginalised communities through action on homelessness, warmer homes, and child and youth mental health. Marama Davidson will likely be heavily involved in these issues as the Associate Minister of Housing (Homelessness), and the Minister for the Prevention of Family and Sexual Violence. As the latter, Davidson will lead the whole of government response on family and sexual violence and will also be a member of the ad hoc Ministerial group on the Child and Youth Wellbeing Strategy. One of the purposes of the Strategy is to improve wellbeing outcomes for Māori children and young people.

Resolution of the dispute about Ihumātao

It appears that Labour's previous Coalition arrangements with the NZ First party prevented any resolution being reached on the dispute about the land at Ihumātao.

Fresh initiatives may now be possible with Minister Henare reported as saying that once the election dust has settled conversations will happen in the near future.

The Greens have previously expressed that no development should go ahead on the site, with Green Party co-leader Marama Davidson being a strong advocate for Ihumātao. She noted that the cooperation agreement with Labour would not stop her from pushing for a resolution of the dispute.[5]

Notes

Zoe Rose-Curnow assisted with research for this article.

For more detailed information see: http://www.elections.org.nz/news-media/new-zealand-2017-general-election-official-results

See earlier articles in this series: 2011 General Election and government formation; 2014 General Election and government formation; and 2017 General Election and government formation.

[1] Julia Gabel "Election 2020: All eyes on Māori MPs after an impressive battle" (18 October 2020) NZ Herald https://www.nzherald.co.nz/nz/election-2020-all-eyes-on-maori-mps-after-an-impressive-battle/EXCDURAIZ6VXNKI3JW7EICKNKQ/

[2] Jo Moir “Labour's Māori caucus celebrates big promotions in Cabinet” (2 November 2020) RNZ https://www.rnz.co.nz/news/te-manu-korihi/429691/labour-s-maori-caucus-celebrates-big-promotions-in-cabinet

[3] Joel Maxwell "It's Tight Five Two: Māori MPs make splash inside new Labour Cabinet" (2 November 2020) Stuff https://www.stuff.co.nz/national/politics/123267346/its-tight-five-two-mori-mps-make-splash-inside-new-labour-cabinet

[4] "Labour and Greens to have Cooperation Agreement" (1 November 2020) Labour https://www.labour.org.nz/release-labour-and-greens-to-have-cooperation-agreement

[5] "Ihumātao up for government discussion in 'very near future'" (18 October 2020) Te Ao - Māori News https://www.teaomaori.news/ihumatao-government-discussion-very-near-future