If the Government wanted to replace one of the four flag finalists with Red Peak, it could do so by Order in Council - just a flick of a pen.
But if it wanted to add a fifth alternative, it would need to change the law setting up the flag referendum. It is believed the Government has the numbers in the house to do so without Labour's support.
Labour's policy is to support a review of the current flag but it decided to oppose the two-stage referendum proposed by Prime Minister John Key as a waste of money.
Key is wary of changing the process, but has not ruled it out altogether.
Debate on this article is now closed, following the acceptance of 'Red Peak' as an option flag option in the upcoming referendum.
