Referendums in New Zealand

Referendums (or referenda) are held only occasionally by the Government of New Zealand. Ten referendums have been held so far (excluding referendums on alcohol licensing, which were held triennially between 1894 and 1989). Seven were government-led, and three were indicative citizen "initiatives".

The government of New Zealand may, at any time, call for a referendum on any issue, but must pass enabling legislation first, otherwise the resulting referendums will be indicative, not binding on central government. This provision allows some parliamentary scrutiny of the issue and wording of the question. There is no constraint on whether an issue is to be decided by the New Zealand Parliament or by the public. The only exceptions to this are the term of Parliament and several other aspects of the electoral process, which can be changed only through a referendum or by at least 75% of MPs voting for the change. This has led to the sporadic use of referendums, partly because there is no constitutional requirement, as there is in other countries like Australia or Switzerland that have codified constitutions.

There is no requirement for a referendum to enact constitutional change in New Zealand. Referendums were held in 1992 and 1993 to decide the nature of electoral reform in New Zealand. Many groups advocate approval of constitutional reforms by referendums; for example the Republican Movement supports a referendum on whether New Zealand should become a republic.

The term of Parliament may be changed only either through a referendum or by a 75% majority of MPs.

There are frequent calls for the use of referendums to decide other constitutional matters, rather than by regular Acts of Parliament. In 2003 the Fifth Labour Government replaced the Privy Council as New Zealand's highest court of appeal with a new Supreme Court, despite calls from New Zealand First, National and ACT for a referendum to be held on the issue. In 1950 the abolition of the Legislative Council by the First National Government was done by Act of Parliament; with additional members of the Legislative Council (MLC) appointed to ensure approval by the upper house, the suicide squad.

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