A majority vote in Parliament would be enough to change the New Zealand flag - but deciding the process of public consultation would be more contentious.
The Flags, Emblems, and Names Protection Act governs the design and use of the New Zealand flag.
A parliamentary majority to amend section five
and substitute a new design to schedule one of the act would see the New Zealand flag change.
"If there is a desire for it to be done, there are a number of legislative ways to do it," says Law Commission president Sir Geoffrey Palmer, SC.
These include the Government introducing a bill, a private member's bill being drawn from the ballot, or even a select committee deciding to hold hearings.
"But I would think you would have to have a wide public consultation before introducing legislation," he said.
A citizens-initiated referendum, though non-binding, could be used to try to force the Government's hand.
A number of procedures would be followed to reach this stage, including obtaining a petition that has at least 10 per cent of voters.
The campaign at nzflag.com even suggests having two referendums: one to see if people want a new flag, and then one to choose between one design and the existing design, with a consultation process in between.
"There would be a small panel of independent, representative New Zealanders, and they would need to commission some parties to design a flag," says business leader Lloyd Morrison, a trustee of nzflag.com, who failed to gather the required number of signatures for a referendum in 2005.
"They would select, for example, six alternatives and then we would discuss them.
"The key thing is a length of time to discuss things."
He said the cost could run into the millions, but as a per capita cost it would be minimal for something so important.
"The key thing would be to make the consultation as inclusive as possible. In that sense, the process of the change is more important than the change."
If Parliament decided to change the flag, there would also need to be consultation with Buckingham Palace and the College of Arms, as the flag is within the scope of the royal prerogative.
According to nzflag.com, "these are matters of courtesy and protocol and would not be a barrier to change".
Simple majority vote enough for redesign
Parliamentary worker Euan McCabe prepares the two flags to be flown at Parliament tomorrow, Waitangi Day. Photo / Mark Mitchell
A majority vote in Parliament would be enough to change the New Zealand flag - but deciding the process of public consultation would be more contentious.
The Flags, Emblems, and Names Protection Act governs the design and use of the New Zealand flag.
A parliamentary majority to amend section five
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