Lawmaking Processes (Lecture 4)

Brief Recap of Lecture 3

• MPs as constitutional “check & balance” on Ministers/Government
  • Question ministers, scrutinise policy/legislation, sit on select committees
• Procedures & practices inside Parliament
  • Role of the Speaker in enforcing order & Standing Orders
  • Retention of Westminster (UK) ceremonial features
• Value of robust parliamentary debate
  • Encourages development of ideas “for the good of the public”
  • Class reflection on what constitutes a good vs. bad debate

Why Study Law-Making?

• Legal research: when applying an Act, lawyers often ask why was it enacted? → look back at policy intent & historical context.
• Policy reform: drafters need to understand how the original Act travelled through Parliament to identify why existing wording exists.
• Mid-August essay: familiarity with process required.

The Formal Parliamentary Process in NZ

• $7$ mandatory stages (Parliament website flowchart):
  1. Introduction
  2. First reading
  3. Select committee
  4. Second reading
  5. Committee of the Whole House
  6. Third reading
  7. Royal assent
• Throughout the process MPs:
  • Receive officials’ advice & public submissions
  • Debate principles, objectives, detail
  • Propose amendments and vote (sometimes on strict party lines, sometimes conscience votes)
• MPs expected to act “in the public interest” to maintain quality of the statute book, even when party positions conflict.

Bill Introduction (Stage 1)

• Sources of new bills
  • Election manifesto promises (e.g. National Party’s “Gang Bill” → Gang Act $2024$)
  • Lobbying/advocacy (e.g. health groups → Vape restrictions: ban disposables, flavour/packaging limits, location limits)
  • Departmental policy work, Cabinet decisions
• Categories of bills
  • Government bills (Executive’s legislative programme)
  • Members’ bills (non-minister MPs; enter via ballot)
  • Private bills (affect specific person/group; rare – e.g. St Peter’s Auckland Empowering Act $1981$)
  • Local bills (local authorities; empowering legislation)
• Once tabled, bill is publicly available online; MPs prepare speeches.

First Reading (Stage 2)

• Occurs ≥ $3$ sitting days after introduction
• Debate covers: purpose, problem addressed, underlying policy merit
• Party vote procedure overseen by the Speaker
  • Clip shown: aye/no call → national party tallies read aloud → dissent by Te Pāti Māori caused adjournment.
• If majority “No” → bill fails. If majority “Aye” → proceeds to Select Committee.

Select Committee Stage (Stage 3)

• Cross-party group of MPs does detailed scrutiny; key link to public.
• Powers/tasks
  • Call for & hear written/oral submissions from anyone (individuals, iwi, NGOs, businesses, law firms such as McCaw Lewis, NZ Māori Law Society, etc.)
  • Examine departmental reports, statistics, clause-by-clause analysis
  • Recommend amendments → produce written report
• Example oral submission: Dr Jonathan West on “Meka Amendment Bill” criticised Government for “rushed law-making” and constitutional concerns.
• Standing network: $12$ subject select committees + $8$ specialist committees
  (full list read in class – Economic Development; Education & Workforce; Environment; Finance & Expenditure; Foreign Affairs/Defence/Trade; Governance & Administration; Health; Justice; Māori Affairs; Parliament; Primary Production; Social Services & Community; Transport & Infrastructure; plus Business, Intelligence & Security, Officers of Parliament, Petitions, Privileges, Regulations Review, Standing Orders.)
• Impact example: Climate Change Response Amendment Act $2019$
  • Environment Committee strengthened independence of Climate Change Commission & clarified emissions targets → near-unanimous support.

Second Reading (Stage 4)

• Debate focuses on Select Committee report & amended bill.
• MPs ask: Has public input strengthened/clarified the legislation?
• After debate, second vote:
  • Example Treaty Principles Bill defeated: ayes $11$, noes $112$ (video). Illustrates ability to terminate a bill at this point.

Committee of the Whole House (Stage 5)

• Entire House sits as a committee; Speaker steps aside, Chairperson presides.
• Line-by-line examination; free-flow questioning; relaxed speaking limits.
• Amendments moved real-time or via Supplementary Order Paper (SOP)
  • SOP can add, delete, replace wording (e.g. change commencement date).
  • Any MP may lodge; must still be debated & voted.

Third Reading (Stage 6)

• Final, usually shorter debate; MPs reflect on journey, policy significance.
• Last vote decides whether the bill will become an Act.

Royal Assent (Stage 7)

• Governor-General signs on the King’s behalf → formal approval.
• Essentially a constitutional formality; refusal would require extraordinary constitutional crisis or ministerial advice.
• Commencement:
  • Immediate on assent, a specified future date, or by Order in Council once regulations ready.
• Repeals/amendments:
  • New Act may expressly repeal old statute (e.g. Foreshore & Seabed Act $2004$ repealed, replaced by Marine & Coastal Area (Takutai Moana) Act $2011$).
• Where to find legislation:
  • $www.legislation.govt.nz$ (use “advanced search” + “repealed” tick box for obsolete Acts)
  • Commercial databases: LexisNexis NZ, Westlaw NZ, NZLii.

Secondary (Delegated) Legislation

• Made outside Parliament by authorised bodies (ministers, agencies) under powers granted in a “parent” Act.
  • E.g. Land Transport Act $1998$ → road rules on speed limits, seat-belts, cellphone use.
• Subject to Regulations Review Committee scrutiny & possible disallowance, but not the full $7$-step bill process.

Rare Refusal of Royal Assent

• Historically almost unheard of; last discussed example $1850s$ Native Reserves legislation. Would require breach of constitutional norms.

Case Study: Te Ture Whenua Māori Act 1993

• Historical context
  • “Not one acre more” land march $1975$ led by Dame Whina Cooper.
  • Department of Māori Affairs/Te Puni Kōkiri undertook 1970-80s policy review.
• Dual purposes embedded in draft bill:
  1. Prevent further alienation of Māori land.
  2. Facilitate development & economic use by Māori owners.
• Timeline
  • Cabinet approval & drafting → Introduced Oct $1992$.
  • Extensive Select Committee hearings (balancing utilisation vs protection; Māori Land Court oversight; land status definitions).
  • Third Reading passed $1993$ with cross-party support; Royal Assent $21/03/1993$.
• Consequences
  • Repealed Maori Affairs Act $1953$ (+ amendments).
  • Required supporting secondary instruments: Māori Incorporations Regs, Māori Reservations Regs, Māori Land Court Fees, Māori Land Court Rules (notice provisions, natural justice).
• Hansard commentary emphasised:
  • Recognition of land as taonga tuku iho (treasure handed down)
  • Future-generation focus
  • Concerns over bureaucracy & paternalism of Māori Land Court

Practical Classroom Exercise – Mock Select Committee Submissions

Scenario: “University Alcohol Ban Bill” (fictitious)

• Would prohibit all alcohol sale/consumption on campus incl. halls; penalties: fines/expulsion.
• Health Committee hearing; deadline $22/12/2025$.
• Students formed groups, adopted perspectives (student, lecturer, café owner, association, parent, etc.) and drafted oral submissions.
• Sample arguments against bill:
  • Violates students’ freedom; assumes irresponsibility.
  • Pushes drinking off-campus → less supervision, more harm.
  • Destroys live-music culture & fundraising for clubs; affects Māori & Pasifika association events (paint-and-sip, etc.).
  • Expensive & difficult to police; may trigger black-market or “prohibition” style outcomes.
  • Existing hall regulations (alcohol-free floors, no spirits, quiet hours) already effective.
  • Could adopt partial measures (time-band bans $7\text{ am}–3\text{ pm}$) or allow each university to set own rules.
  • Economic cost to campus businesses & estimated public health cost of alcohol-related hospitalisations $\approx\$13{,}000{,}000$ cited by one submitter.
• Sample arguments for bill:
  • Ensures safe learning environment, especially for $18$-year-old first-years new to independence.
  • Alcohol offers no educational benefit; university should prioritise wellbeing.
  • Reduces risk of violence, property damage, distraction, mental-health decline.
  • Students can still drink, just off-campus venues designed for that purpose.
  • Bill could be refined rather than abandoned – e.g. monitor consumption not blanket ban.
• Exercise illustrated how Select Committee weighs conflicting evidence & may craft amendments.

Closing Remarks

• Complete $7$-step process plus Select Committee engagement ensures scrutiny, transparency, and public legitimacy.
• Students encouraged to participate in real consultations – voice matters.
• Essay tip: don’t just list steps; integrate critical analysis & policy insight.
• Next lecture (Week 5): The Judiciary
  • Role of courts, judge-made common law, statutory interpretation, relation to separation of powers.

Key Māori & Te Reo Terms Used

• Kia ora koutou – greeting to all.
• Tuakana-Teina – mentoring relationship (older/younger sibling model).
• Mahi – work.
• Whakawhanaungatanga – relationship-building.
• Fukaro / whakaaro – ideas, thoughts.
• Wāhi tapu – sacred places.
• Taonga tuku iho – treasures handed down.

Numerical / Statistical References (LaTeX)

• $7$ formal legislative stages
• Second-reading defeat example: ayes $11$ vs noes $112$
• Estimate of alcohol-related hospitalisation costs: $\$13{,}000{,}000$
• Te Ture Whenua Māori Act Assent date: $21/03/1993$

Useful Resources & Links

• Parliamentary bill flowchart: $www.parliament.nz$
• Legislation database (current & repealed): $www.legislation.govt.nz$
• Hansard (official debates): Parliament website → “Hansard & Journals” search
• Select Committee schedules & submission portal: Parliament website → “Get involved”