The announcement this year’s general election will be held on November 7th should come as no surprise. It is the date least encumbered by other events, and the last realistic date which gives post-election government formation talks the best chance of being completed before the Christmas break. Parliament is required to meet no later than two months after an election – in this case by January 7, 2027 – so an early November election makes it possible for the new Parliament to be convened in probably the week before Christmas.
Aside from heralding the informal start
of the election campaign – even though the election itself is still over 40
weeks away – the formal announcement of the election date also kicks off some
other processes. The most significant of these is the Period of Restraint. This
is a bureaucratic device, with little to no constitutional standing, which has
been engineered by officials over recent years to constrain governments from
using the instruments of state for too much overt political work in the lead-up
to an election.
The Period of Restraint has come to
be applied for the last three months before an election – in this year’s case from
August 7th. Under this specious device, governments are not expected
to make significant appointments or initiate new policies or information campaigns
during the three months prior to an election. That completely overlooks the
reality that governments are elected to govern for a full three-year term and
that they retain their full authority until election day.
The upshot is that for the last
three months before an election, the government of the day is effectively
reduced to caretaker status. When the two months or so of post-election
negotiations is added, the period of caretaker rule could be up five months or
more, to the bureaucrats’ delight.
Parliament begins sitting for the
year next week. According to the timetable approved by Parliament before last Christmas
it will sit for 22 weeks (66 days) before rising on September 24th and
being formally dissolved on October 1st for the election. But five
of those sitting weeks come after the Period of Restraint begins, leaving just 51
sitting days available to the government to introduce new legislation to
progress its agenda.
When the time allowed for set-piece
debates like the Budget Debate, the Estimates and the Prime Minister’s
statement is factored in, the time available to the government to progress its
legislation, without resorting to Urgency, or extended sitting hours, could
reduce to much nearer 42 to 45 sitting days.
Although the Minister of Finance has
not yet announced a date for the presentation of the 2026 Budget, the
Parliamentary timetable suggests May 28th is a likely date. Parliament
goes into a two-week recess after then, which will allow Ministers time to get
around the country promoting the Budget (and the government generally) before
Parliament resumes in the latter half of June.
These factors were obviously at the
back of the Prime Minister’s mind as he developed his recent state of the
nation speech. The tight Parliamentary timetable meant he needed to be careful about
the commitments he made. Of the three priorities he identified, only resource
management and planning law reform is likely to be completed before the Period
of Restraint commences. The Prime Minister acknowledged that the government’s
NCEA reforms were on a longer timescale and that National’s plans to increase employer
and employee Kiwisaver contributions were something the party would campaign on
at the election, rather than introduce this year.
The government will be keen to
progress through Parliament as many as possible of the large number of other
government Bills currently before select committees before the House rises for
the election. But any new legislation introduced this year is unlikely to pass
before the election, unless it is urgent or enjoys cross-party support. Rather,
the government’s priority will be clearing its legislative decks, and leaving
as little Parliamentary time as possible for the Opposition to promote the
issues it sees as important.
Now that the election date has been
announced, all parties will be gearing their political, organisational, and
fundraising activities around it. Many are already well advanced in their
candidate selection processes. The closing date for nominations to stand for
Parliament will be October 8th and party lists must be completed and
lodged with the Electoral Commission by midday that day.
The timing of the election also has
significant implications for voters. Under changes to the Electoral Act last
December, voters will now no longer be able to enrol to vote on election day,
as had been the case since Labour’s 2019 amendments. This year, the closing
date for voter enrolment will be October 26th, thirteen days before
the election, and the same day early voting begins. If the trend of recent
elections continues, most voters will have voted by election day.
Many voters will also be voting in
new electorates following the redrawing of electorate boundaries by the
Representation Commission promulgated last August to reflect population shifts
identified in the last Census.
While all these dates define many
of the formal elements of the general election, there will still be many twists
and turns to go through before the next government is installed and the normal
processes of government resume.
All of which contribute to the
fascination of politics.
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