December 2011 Māori Law Review
2011 General Election and government formation
50th Parliament
The Electoral Commission released the final results of the 26 November general election on 10 December 2011.
Seats in Parliament
The National Party secured 47.31% of party votes cast giving it 59 seats in a 121 member House of Representatives. The Labour Party won 34 seats, the Green Party 14 seats and the New Zealand First Party 8 seats. The Māori Party won 3 Māori electorate seats and 1.43% of the party vote. The newly formed Mana movement won 1 Māori seat and 1.08% of the party vote. ACT New Zealand and United Future each won 1 electorate seat.
The Māori electorates returned the following members of Parliament:
| Electorate | Successful candidate | Party |
| Te Tai Tokerau | Hone Harawira | Mana |
| Tāmaki Makaurau | Pita Sharples | Māori Party |
| Hauraki-Waikato | Nanaia Mahuta | Labour Party |
| Waiariki | Te Ururoa Flavell | Māori Party |
| Ikaroa-Rāwhiti | Parekura Horomia | Labour Party |
| Te Tai Hauāuru | Tariana Turia | Māori Party |
| Te Tai Tonga | Rino Tirikatene | Labour Party |
Voter turnout
Voter turnout was 69.57% (as a percentage of those eligible to enrol) or 74.21% (as a percentage of those enrolled). This was 6% below the 2008 turnout and 7.5% below the 2005 voter turnout.
Voting levels in the Māori electorates (as a percentage of those enrolled) ranged from 54.8% to 61.6%.
Referendum on the electoral system
In the referendum on the electoral system carried out on Election Day 57.77% of valid votes were cast in favour of retaining the Mixed Member Proportional (MMP) voting system. A considerably greater proportion of voters in the 7 Māori electorates elected to keep MMP (ranging from 78.9% to 85.5%). One third of electors made informal votes for the second question in the referendum (allowing voters to indicate a preference for 1 of 4 alternatives to MMP if a change was made from MMP). An informal vote is where a voter does not clearly indicate the option they wish to vote for. In the Māori electorates the proportion of informal votes for this second question was higher (ranging from 43.4% to 48.9%). These informal votes might represent a mixture of people deciding not to vote on the second question or not selecting 1 option.
Government formation
On 12 December Prime Minister Rt. Hon John Key announced ministerial posts in the second term National-led government. This followed entry into a relationship accord and confidence and supply agreement with the Māori Party on 11 December. Earlier confidence and supply agreements had already been reached between the National Party and the 2 MPs representing ACT New Zealand and the United Future Party respectively. These agreements mean the National-led government has 64 of 121 members of Parliament supporting it on confidence and supply issues.
Hon Tariana Turia and Hon Dr Pita Sharples, the co-leaders of the Māori Party, continue as Ministers outside Cabinet in the new government. Dr Sharples is Minister of Māori Affairs, Associate Minister of Education and Associate Minister of Corrections. Ms Turia is Minister responsible for Whānau Ora, Minister for Disability Issues, Associate Minister of Health, and Associate Minister of Housing. Ms Turia also has Associate Ministerial responsibilities in the areas of Social Development and Employment.
Relationship accord and confidence and supply agreement between the National and Māori parties
The relationship accord between the National-led Government and the Māori Party has been described as a policy-based agreement. It contains “agree to disagree” provisions permitting the Māori Party to decide how to vote on measures, other than for confidence and supply, on a case by case basis. Measures to promote partial asset sales of state-owned enterprises will not be confidence and supply issues.
Under the relationship accord both parties recognise the importance of mana maintenance and enhancement. Good faith engagement and a no surprises policy are documented. The accord also contains a Treaty of Waitangi clause: “The National Party and the Māori Party will act in accordance with Te Tiriti o Waitangi, the Treaty of Waitangi. The Treaty is our country’s founding document. It created a nation based on diversity and shared aspirations for future success and prosperity.”
A number of Māori Party policy initiatives are set out in the relationship accord as ones the National-led government will promote in return for Māori Party support. These include extension of the Whānau Ora programme, the creation of a Ministerial Committee on poverty and initial initiatives to address poverty and other policy areas including education and the environment.
A number of other existing initiatives are confirmed as continuing. These include the review of New Zealand’s constitutional arrangements and the advisory panel established to lead public discussion on constitutional issues. The advisory panel is to deliver its recommendations to the Government in September 2013.
The National Party will not seek to remove the Māori seats without the consent of the Māori people. Accordingly the Māori Party and the National Party will not pursue the entrenchment of the Māori seats in the current Parliamentary term.
A change is signalled for Te Puni Kōkiri (the Ministry of Māori Development). “The immediate focus of Te Puni Kōkiri will be shifted to give urgent priority to improving Māori employment and training, housing, and education outcomes. A high-level policy unit will also be created within the refocused Te Puni Kōkiri, responsible for providing strategic policy advice to the Minister of Māori Affairs.”
