We return to normalcy after a month of election coverage: and no monarch-maker this time. What is certain is that the results from the 17th of October delivered enough seats to Labour for it to govern with a single majority, an unprecedented result under our MMP electoral system.
Today the Electoral Commission released the preliminary referendum results for the End of Life Choice Bill and the Cannabis Legalisation and Control Bill. 65.2 percent voted in favour of the End of Life Choice referendum (33.8 per cent voted no). The voting on the cannabis referendum is pointing to a "no" result, with 53.1% voting against recreational cannabis use. Although there are almost half a million votes still to be counted, Justice Minister Andrew Little says that it is highly unlikely that the results will be overturned by special votes when these are counted on 6 November. Special votes include prisoners who are on remand and prisoners who have been sentenced to less than three years.
On the topic of the End of Life Choice referendum, two weeks ago the Netherlands approved a change to its euthanasia and assisted dying laws to allow euthanasia for terminally ill children between 1 and 12 years of age. The Netherlands and Belgium were the first countries to allow voluntary euthanasia for children over the age of 12. Its laws are a good deal more permissive than what is envisaged by the End of Life Choice Bill. Under cl 4 of the Bill, a person must be at least 18 years old to be eligible for assisted dying. Assisted dying remains illegal in New Zealand until 6 November 2021.
Earlier this month New Caledonia held a second referendum on its independence from France. The “Noumea Accord” of 1998 resulted in New Caledonia’s special status within the French constitution, scheduled a gradual and irreversible transfer of powers to New Caledonian institutions, and devised a set of three independence referendums. In the 2018 referendum, 56.7% voted “no” - that is, against independence. Voters this year rejected independence again, though by a slimmer majority, with 53.26% voting “no”. A third and final referendum is expected in 2022.
Something Covid-related is the development of the “one-way bubble” from New Zealand to New South Wales and the Northern Territories – not quite “Trans-Tasman” yet. The arrangement quickly came under strain by New Zealanders travelling cross-border to other jurisdictions, primarily Victoria and Tasmania. On Wednesday, after 24 hours of no cases, Victoria moved out of its 111-day lockdown.
And to recap on some of the events mentioned in my last column. On Tuesday, Amy Coney Barrett was confirmed to the United States Supreme Court, resulting in a 6:3 conservative majority on the bench. Commentators are expecting to see with Coney Barrett’s appointment a revival of “originalism” in constitutional interpretation, and future modifications to abortion rights, health care law, and gay rights law.
The United States Justice Department, along with 11 other states, has filed an antitrust lawsuit against Google, accusing it of illegally protecting its monopoly over search advertising through exclusive business contracts and agreements. The lawsuit represents the US government’s most significant challenge to a tech company’s market power in a generation
The House of Lords has voted against the Internal Market Bill, which seeks to breach the Brexit withdrawal treaty if the UK does not get a trade deal with the EU. The Lords approved a motion 365-169 to “regret” the bill, on the grounds that it “would undermine the rule of law and damage the reputation of the United Kingdom” (19 October 2020, 806 GBPD HL 1285). Though it was a largely symbolic move, and the Bill will not be affected by the Lords’ vote, it did offer the opportunity for a resounding expression of dissent against the government’s actions. From Lord Fox:
| “We all know this Bill is illegal and we know it flouts important constitutional issues and threatens devolution. More than that, we know it has already eroded trust in our institutions and we know it is damaging the reputation of this country, which promotes the rule of law. Finally, and perhaps most insidiously, we know that any law that seeks to permit the executive to break laws is morally wrong.” |
Interesting times. At a slightly more fundamental (but, for some of us, equally interesting) level, the new Bar Council will be meeting in Christchurch in a few weeks’ time to review our strategic plan. And, from that, we’ll create a work plan for the year ahead. We want to be sure that we are delivering on our objectives as effectively as we can. An immediate deliverable is our series of years end celebrations – in Dunedin, Christchurch, Wellington, Tauranga, Hamilton and Auckland during November and December. Do let us know, at any of the functions, of any thoughts you might have on the Association’s activities over the next year. Members can send me a message at any time.
Noho ora mai
Paul Radich
