Is NZ First breaking their own constitution?
Just heard that Winston Peters has chickened out of standing in an electorate, and will be List only.
Now political parties are obliged to follow their own rules, and file the most recent copy with the Electoral Commission. So let’s look at those rules at the Electoral Commission.
Rule 46(b) is explicit:
A List candidate must first be selected as an Electorate candidate
So NZ First seems to have the same regard for their constitution, as Winston does for the truth.
UPDATE: Winston told Q+A in July that the party had changed the rules to exempt the Leader and Deputy. The trouble is they have not filed those new rules with the Electoral Commission, if they have changed.
UPDATE2: Oh my God Andrew Williams is No 3 on their party list. Need I comment.
November 1st, 2011 at 10:03 am
Meh.
November 1st, 2011 at 10:05 am
It is in effect an admission by Winston of how difficult the NZF task is of getting back in. He has proven unable to succeed at electorate level already, there’s no reason to think that has changed.
He’ll care about rules even less than before, it’s a desperate make or break decision. NZF will most likely stay broken, probably permanently this time.
November 1st, 2011 at 10:06 am
Maybe a legal challenge could be mounted to have Peters struck off the list. By which time it would be too late for him to be nominated in an electorate. Then there would be no danger of his being elected, and without him NZ First would get diddly squat votes. Sweet.
November 1st, 2011 at 10:13 am
I think the situation is quite dynamic and therefore this should be excused.
November 1st, 2011 at 10:15 am
NZF amended their constitution to allow this a year or two back.
November 1st, 2011 at 10:17 am
Correct M@tt..your comment is excused.
November 1st, 2011 at 10:53 am
Good spotting again. But how does the prick get around this, I guess he can ignore his party’s rules as he pleases.
November 1st, 2011 at 11:11 am
You called tas?
Winston knows he’s consigned to the scrapheap, he’d get whipped in any electorate.
November 1st, 2011 at 11:52 am
It’s highly likely that a few searches would find rich pickings of Winston shooting off at the mouth about scurrilous politicians manipulating the list to make sure that even when not elected they still make it into parliament.
This is classic Winston – Do as I say not as I do OR It’s different when I do it because you can trust me….
What a waste of space.
November 1st, 2011 at 12:05 pm
Winston is a pussy – 97% of the country cannot stand the prick, and he knows he has no hope of winning any seat. The great thing is that the 3% that Winston First will get will mean 2% or about 3 extra seats will automatically be allocated to National.
No money and irrelevant. He has done enough damage to the NZ economy with his pork barrel politics.
November 1st, 2011 at 12:07 pm
The NZ First Constitution was ammended at Conference to allow the Leader to be on the list without contesting an electorate seat.
Richard Prosser, member NZ First Board of Directors
[DPF: Thanks Richard. I suggest someone files the new rules with the Electoral Commission]
November 1st, 2011 at 12:14 pm
m@tt, your only saying that cause he’s Labour’s pet poodle.
November 1st, 2011 at 12:14 pm
DPF
Winston has a history of not fileing things with the electoral commission…. The privelages committee seems to make him do the right thing….
November 1st, 2011 at 12:16 pm
Shazzadude – which raises the question of which is the ‘binding’ constitution, the one filed with the Electoral Commission or the the amended version which was not filed with the Commission.
Generally the latest version constitutionally approved by the party would be the authoritative version, but if there are doubts or inability to produce it, courts could fall back on the Commission’s copy if need be.
While there is an obligation to file a copy with the Commission, there are no sanctions prescribed (eg fine, de-registration, etc) for failure to do so. Presumably anyone who reasonably suspects the Commission’s copy is not the latest can seek a court order requiring that it be filed.
November 1st, 2011 at 12:18 pm
“UPDATE2: Oh my God Andrew Williams is No 3 on their party list. Need I comment.”
Haha – the ex North Shore Mayor / failed Super City candidate / well known drunk / renowned tree piddler / clown of Campbell’s Bay, is at No 3 in the Peters Party.
Rather apt…
November 1st, 2011 at 12:26 pm
Elaycee
Now you listen to me sunshine, it’s baseless allegations like you have made that are the problem in this country….
November 1st, 2011 at 12:28 pm
Has Winston paid back the stolen $158,000 – oh thought not.
He voted to validate it, said he would pay it back and said it wasn’t stolen. He only had one more thing to do to have his cake, eat it and still have the ingredients to make it again – and that was not pay it back. He really is a man for all seasons.
November 1st, 2011 at 1:02 pm
Hmm, a couple of past it men who like to go boozing on OPM, piss all over the place, lie a lot, and hold unrealistically high opinions of themselves. I’m starting to think I might have to vote for them.
November 1st, 2011 at 1:21 pm
I don’t know why anybody expected Winnie (whiner) to stand. No Baubles to stand for. He has avery cumphy sinecure in Herne Bay with enormous pension.
November 1st, 2011 at 1:23 pm
The NZ First Constitution was ammended at Conference to allow the Leader to be on the list without contesting an electorate seat.
That’s sensible. It’s nuts for party leaders to be splitting their time between party leadership, governing and representing an electorate. The list isn’t being used optimally by parties, it’s being used for their own security and convenience.
November 1st, 2011 at 1:32 pm
David, amended rules for an incorporated society must be registered with the Registrar of Incorporated Societies before they have legal force (http://www.societies.govt.nz/cms/incorporated-societies/running-an-incorporated-society/how-do-you-change-the-rules-of-a-society). As the Registrar’s site says “An alteration takes effect when it has been registered by the Registrar of Incorporated Societies. Until the alteration is registered the existing rules must be followed.”
The last such changes for NZ First were registered on 13 June 2008, which seems much earlier than the list vs electorate candidate changes have apparently been made (I didn’t read the 2008 rule changes).
The Electoral Commission simply receives a copy of the rules and checks for democratic candidate selection etc (http://www.elections.org.nz/rules/parties/registration/registered-political-parties.html). The Registrar of Inc Soc is the key player here and NZ First seems to be acting outside of their registered rules (but that is easily fixed by signing the new rules and sending them in).
[DPF: Is NZF an incorporated society? Most parties are unincorporated.]
November 1st, 2011 at 1:37 pm
To be fair, he does meet that rule:
“A List candidate must first be selected as an Electorate candidate”
He was selected as an Electorate candidate three years ago. Technically, he makes the cut…
November 1st, 2011 at 2:39 pm
So Winston’s next press releases will be something like;
How can you trust a political party that can’t even follow the process for changing it’s constitution… Here at NZ1 we understand the imprtance of getting the little things right and that’s why we deserve your vote ….
November 1st, 2011 at 2:41 pm
DPF
Is the Spencer Trust still being used by nasty right wing politicians to hide the identity of their big business backers as they write policy for cash – unlike NZ1 who are open and honest and can’t be bought.
November 1st, 2011 at 2:42 pm
@Pete: You’ve told Dunne that?
November 1st, 2011 at 3:56 pm
UPDATE2: Oh my God Andrew Williams is No 3 on their party list. Need I comment.
The same idiots who voted Williams as their mayor will be voting for Barry as their MP. Need I comment.