Mai Chen: Voters should flex their muscle

New Zealanders should take the opportunity to get politicians to address the issues important to them before the November 26 election. Photo / Supplied

Opinion

There have been numerous signs this week that the election campaign is well under way:

* Labour announcing at 2pm on Thursday its "long-term finance plan to restore our country's fortunes;"

* Minister Pita Sharples and Dr Don Brash, leaders in minor but important parties, going head-to-head in a televised debate on the Treaty of Waitangi and race relations. The Act party is now trying to woo Maori candidates.

*Prime Minister John Key confirming that his party could work with ACT and the Maori Party, while Phil Goff said there was zero chance of Labour working with those parties, but that it will go into coalition with the Greens

* Dr Russell Norman vying to be an associate finance Minister.

* The Maori Party ruling out a deal with the Mana Party;

* Labour's withdrawal of its "Stop Asset Sales" flyer after the Electoral Commission found it to be in breach of the Electoral Act.

The upside of election year is that business and the average New Zealander have more power to make the Government do what they want than at any other time during the three year election cycle. They need your vote to stay or get into power. So if there are issues you want government to change, now is the time to get in front of politicians and get commitments included in an incoming government's legislative and policy targets, preferably for its first hundred days in office. It is also the time to challenge parties on the mandate they propose to implement if elected into office eg asset sales for National and capital gains tax for Labour. Once they are voted in as government it will be too late.

So watch out for further changes in behaviour during the count down to the election:

*In Parliament, tensions will be higher, as MPs attempt to wrap up legislation before the House dissolves for the general election. There are only about 3 sitting weeks before the Rugby World Cup starts. Time has run out for new legislation to be introduced and Parliament will go into urgency in September to pass laws that must be enacted before the election.

*Bills not passed lapse when Parliament rises for the general election, as well as Select Committee inquiries, petitions, and all other Parliamentary business. Only those matters which the new Government wishes to progress post-election will be reinstated when Parliament reconvenes under the Constitution Act 1986 - most likely on 6 December 2011

*Important appointments and policy decisions are usually deferred as, by convention, governments limit their actions leading up to an election;

*The Government will want controversial matters to be parked. For example, the Alcohol Reform Bill will not now be passed before the election, and nor will the Constitutional Review that National agreed with the Maori Party be reported in this term. Don't expect an official Government response to the Wai 262 Flora and fauna and intellectual property claim for a while either;

* Politicians will be distracted as they concentrate on getting re-elected. It will become harder to get routine matters dealt with, such as orders in council, notices and exemptions that expire during the election period. The same applies to administrative approvals which are time sensitive, such as Overseas Investment Office approval of the sale of land or assets;

*Beginning on 26 August 2011, spending limits apply to candidates and political parties. There are also limits on how much third parties who want to influence the election can spend on their own advertising.

* Watch the opinion polls too. If the public expect that the government will change, actions and decisions which interface with government are put on hold. This can result in slower retail sales and advertising as the public and business wait to see the new government's polices. However, if the public think the government will be re-elected, them it is fairly much "business as usual."

Ordinary New Zealanders and business have an opportunity before the election to get politicians to address the issues that matter to them because on 26 November they want your vote! Now is the time.

* Mai Chen is a partner with public and employment law specialists Chen Palmer. This is an excerpt taken from her forthcoming book, Public Law Toolbox.