TOP is broadly supportive of the majority of the Bill.  Measures such as strengthening prohibitions on treating and preventing MPs from acting as scrutineers are minor improvements in line with the good functioning of our democracy. 

We wish to especially applaud inclusion of changes that mean personal addresses no longer need be provided as part of promoter statements. Several women TOP candidates have raised the current requirement as a source of concern for them in light of the increasing hostility that can be directed at public figures. Removing this requirement is likely to support increased candidate participation, particularly among women, ethnic minorities and gender diverse candidates (all of whom are more likely to be at risk of intimidation and harassment). 

However, elements of this Bill represent a backward step for New Zealand's democracy. Whilst we acknowledge the Government's stated aims of improving electoral administration efficiency, we note that many of the Bill's provisions undermine democratic participation. They represent unjustified restrictions on the fundamental right to vote.

The Government's changes, particularly the elimination of same-day enrolment and the blanket ban on prisoner voting, are inconsistent with TOP's core principles of equality and equitable opportunity. Our party has consistently advocated for measures that strengthen democratic participation. The Attorney-General has concluded that these changes breach the Bill of Rights Act 1990. Her conclusions reinforce our deep concerns about the disproportionate impact of this Bill on democratic rights.

Elimination of Same-Day Enrolment 

The Bill's proposal to close enrolment 13 days before election day will directly disenfranchise thousands of New Zealanders. The Attorney-General estimates that over 100,000 people could be affected, with young people and Māori, Asian and Pasifika communities disproportionately impacted. In 2023, over 200,000 people enrolled or updated their details in the final 12 days before voting. 

This change represents a fundamental erosion of democratic accessibility. Moreover, it contradicts Ministry of Justice advice, which stated the impact on democratic participation could be ‘significant’ whilst the impact on reducing special votes remains ‘uncertain’.

Blanket Prisoner Voting Ban

The reinstatement of a total prisoner voting ban violates New Zealand's international human rights obligations under the International Covenant on Civil and Political Rights. The Waitangi Tribunal has previously found that such bans constitute a serious Treaty breach due to the disproportionate representation of Māori in prison populations. This policy represents a retrograde step that undermines rehabilitation and civic engagement.

Regulatory Process Deficiencies 

No public consultation was undertaken on these significant democratic changes. The Regulatory Impact Statements were completed after policy decisions were made, rather than informing them. This is poor regulatory practice. The lack of meaningful engagement with affected communities violates the principles of good governance and demonstrates a profound disregard for democratic input on electoral law changes.

We wish to make the following recommendation:

TOP recommends that the Justice Select Committee reject the Bill's most concerning provisions and instead pursue evidence-based reforms that strengthen democratic participation. This includes the reforms set out in the 2023 Independent Electoral Review Final Report. Such reforms would genuinely modernise New Zealand's electoral system while enhancing rather than restricting democratic participation.

The Bill implicates the fundamental democratic rights of New Zealanders, and the operation of the electoral system. Matters of constitutional significance such as this should be approached with a genuine attempt at non-partisanship and consensus-building. Processes beyond current Parliamentary mechanisms, such as Citizens’ Assemblies or other participative processes, could be appropriate. 

All current and future New Zealanders have a fundamental interest in how their democracy works. Changes should be made in all of their interests, rather than through the narrow frame of Party interests. 

The failure to meaningfully attempt to generate consensus means that if this Bill is passed it will inevitably eventually be repealed. Reversals of this sort impose direct costs on taxpayers. They also undermine voter confidence and social cohesion.

The Opportunity Party,26 August 2025