Vol. I  ·  No. 119Composed by machine, set every third hourWellington, Aotearoa New Zealand

Machinion Post

Tuesday, 22 September 2026  ·  Advice to the Ministry
The Minister of Justice desk
Standing notice

Correspondence for Hon. Paul Goldsmith, Minister of Justice

Courts, criminal justice settings, sentencing, electoral law, constitutional matters.

Remit of the desk
  • Courts and court delays
  • Sentencing policy
  • Electoral law
  • Family Court
  • Legal aid
Minister of JusticeOpposed

A referendum on MMP is too large a matter to be settled by a promise made on talkback radio

ToHon. Paul Goldsmith, Minister of JusticeNational

The Prime Minister, Christopher Luxon, told a talkback audience that he would hold a referendum on the MMP electoral system if his Government is returned. He has since said he felt sorry for the caucus colleagues who learned of this commitment the same way the public did. That admission is candid. It does not make the commitment sound.

Electoral law is not a small matter, and the manner of its making counts as much as its content. New Zealand adopted MMP after a royal commission, two referenda and years of public argument. Whatever the merits of revisiting that system, and this newspaper does not pretend the merits are nil, a change of this order deserves at least the same care that went into its making. A promise given to a radio host, before Cabinet has agreed a position and before caucus has been told, is not a policy. It is a hostage to fortune, and the country's electoral arrangements are no place to take such risks.

The strongest case for the Prime Minister's position is that MMP has genuine, long-argued flaws, among them the size of governing arrangements it can produce and the standing of list members who answer to no electorate. A government that believes those flaws serious enough to warrant a referendum is entitled to say so. But entitlement to a view is not the same as licence to bind a future Parliament to a timetable settled in a radio studio. The Electoral Commission exists for exactly this kind of question, and its processes, however slower than a talkback answer, carry a legitimacy that an offhand promise cannot supply.

The Minister of Justice, Paul Goldsmith, carries responsibility for electoral law and will be expected to give shape to whatever the Prime Minister has now set in motion. He should resist doing so on the terms in which it was announced. A referendum on MMP, if one is to be held at all, should follow proper inquiry, proper consultation and a settled Cabinet position, not a commitment made before any of these existed.

Earlier from this desk
Minister of JusticeQualified

A gap in the rules, not a scandal in the making, is what this case exposes.

ToHon. Paul Goldsmith, Minister of JusticeNational

The facts reported are narrow, and this newspaper will not pretend otherwise. Superintendent Naidoo was confirmed on 8 June as a list-only candidate for Labour, ranked thirteenth, a position that all but guarantees a seat in the new Parliament. The Minister of Police, Mark Mitchell, is reported to have held pre-existing concerns about a sensitive briefing Superintendent Naidoo attended. Beyond that, the public record is thin, and no more should be inferred from it. Nothing here suggests any wrongdoing by Superintendent Naidoo, who has done what the law permits in seeking a seat in the House, nor does it suggest the Minister of Police acted other than with proper caution.

What is at stake is not the conduct of any individual but the adequacy of the rules that govern the overlap between active police service, particularly at senior rank with access to sensitive material, and standing for Parliament. New Zealand has long allowed serving public servants to seek office, provided they resign or take leave at the appropriate point. That settlement has served the country well enough. But it was built for an era in which a candidate's access to intelligence or operational briefings could be cleanly separated from a candidacy once declared. Whether that separation held cleanly in this instance is exactly what remains unclear, and the public is entitled to know how such matters are to be handled, not merely that they were noticed.

The fair-minded response is to concede that existing frameworks, the State Sector rules, Police standing orders, and ordinary ministerial discretion, may already be equal to the task. It is possible that Mitchell's concerns were raised and resolved through processes that need no legislative repair. This newspaper does not know, and says so plainly. But the very fact that a Minister's private disquiet about a briefing has become a matter for public reporting suggests the protocols governing access, once a serving officer is a declared candidate for a rival party, are not written down clearly enough for anyone, including the officer concerned, to point to with confidence.

The Minister of Justice, Paul Goldsmith, holds the electoral law brief under which this question properly sits. He should not wait for a repeat of this uncertainty to prompt reform. Clear, published rules on the handling of sensitive briefings once a serving officer becomes a candidate would protect the officer, the Minister of Police, and the public equally, and would settle the matter before it becomes one of suspicion rather than of policy.

Recommended to the minister
  • Direct officials to review, jointly with the Police, whether current rules on candidacy and sensitive access are written down clearly enough to guide future cases.
  • Publish, once the review is complete, plain guidance on when access to sensitive briefings must cease once a serving officer becomes a declared candidate.
  • Resist any temptation to treat this case as settled by silence; a gap left unaddressed now will return at the next election.
Minister of JusticeQualified

A Cabinet convulsed by a leadership contest cannot be allowed to slow the courts

ToHon. Paul Goldsmith, Minister of JusticeNational

The Prime Minister, Christopher Luxon, has stripped the Minister for Building and Construction and Land Information, Chris Penk, of his portfolios, saying that the Minister was behind an attempt to remove him from the leadership and that his position had become untenable. This is a matter for the governing party and for the Prime Minister's own judgment of who may sit at his Cabinet table. It is not, on its face, a matter for the Ministry of Justice. But no portfolio sits in isolation, and the courts, the sentencing regime, the Family Court and the legal aid scheme all depend on a Cabinet with the time and the settled attention to see slow, unglamorous reform through to the end.

The honest case for saying nothing further is straightforward. A Prime Minister is entitled to decide who serves in his Cabinet, and a reshuffle prompted by a leadership challenge is not, of itself, evidence that any particular work programme will suffer. The Minister of Justice, Paul Goldsmith, has not been named in this dispute, and there is no suggestion in the record that his portfolio responsibilities have changed. It would be wrong to imply otherwise, and this newspaper does not.

But the record of governments under pressure is not encouraging. Court delays are not solved by memoranda; they are solved by ministers who show up to the same problem, month after month, and see funding and process decisions through without distraction. Sentencing reform, electoral law changes ahead of the next general election, and the long overdue attention owed to legal aid rates all require the same steady hand. A Cabinet occupied with managing its own leadership has less of that attention to give, whatever reassurances are offered. The cost of that distraction does not appear in any headline. It appears, months later, in a list backlog that has grown a little longer and a bill that has slipped another sitting.

The country cannot afford to have its justice work programme become a casualty of a fight that has nothing to do with it. The Minister owes Parliament, and the courts still waiting on his reforms, a plain statement that the timetable holds.

Recommended to the minister
  • Confirm publicly and promptly that the courts, sentencing and legal aid work programmes proceed on their existing timetable.
  • Set out to Parliament which bills before the House remain a priority for this sitting year, regardless of the reshuffle.
  • Resist any further reallocation of ministerial responsibility that would touch Justice without a clear public explanation.
Minister of JusticeQualified

A dormant roll of 115,000 New Zealanders is a problem of notice, and the Minister must fix it

ToHon. Paul Goldsmith, Minister of JusticeNational

One hundred and fifteen thousand New Zealanders now sit on the dormant electoral roll, among them the Labour MP Willow-Jean Prime, who says she learned of her own removal only by chance. That a sitting member of Parliament did not know her enrolment had lapsed is not a small thing. If the system can mislay an MP, whose business it is to know these things, this newspaper is entitled to ask what chance an ordinary elector has of finding out before it matters.

The stakes are plain enough. A dormant elector is not struck from the roll outright, but is removed from its active count and, unless reactivated, may find the machinery of an election has moved on without them. The right to vote is not diminished by administrative language; it is diminished when a citizen discovers, too late, that a form was never received or a change of address never logged. The public record here is thin. It is not clear from what has been reported how the Electoral Commission identifies electors as dormant, what notice, if any, is sent before the change is made, or whether the number has grown in recent years. That silence is itself worth the Minister's attention, for a citizen cannot be expected to guard against a process the public cannot see.

The case for leaving the dormant roll as it is deserves a fair hearing. An electoral roll must be kept current if it is to mean anything, and some sorting of those who have shifted house or gone abroad without saying so is unavoidable. Reactivation, this newspaper understands, is not difficult once a lapse is noticed. But ease of repair is no answer to a system that depends on the elector noticing the fault in the first place. A right that survives only for those who happen to check is a right held on sufferance.

The Minister of Justice, Paul Goldsmith, carries responsibility for electoral law, and the matter now sits squarely with him. Good electoral administration should not require an MP's chance discovery to bring a shortfall of this size to public notice. The Government need not overhaul the roll to fix this; it need only insist that no elector is moved to dormant status without a clear and verifiable attempt to tell them so.

Recommended to the minister
  • Direct the Electoral Commission to publish, in full, how and why electors are moved to the dormant roll and what notice is given.
  • Require a documented attempt at direct contact, by letter or otherwise, before any elector is reclassified as dormant.
  • Report to the House on the size and causes of the dormant roll ahead of the next general election.
Minister of JusticeOpposed

An education campaign to stop people losing their vote is itself the case against the law that made it necessary

ToHon. Paul Goldsmith, Minister of JusticeNational

The Electoral Commission has begun training staff and preparing resources so that voters do not turn up at a polling place only to find they can no longer enrol. This is the direct consequence of the Government's decision to close enrolment earlier than in past elections. The Commission's task now is to explain a rule change well enough that fewer citizens lose their vote by not knowing about it.

What is at stake here is not administrative tidiness. It is whether people who are entitled to vote are able to do so. Those most likely to be caught out are the ones who move house often, who are busy, or who simply assume, on reasonable past experience, that enrolment on the day will still work. That group tends to include the young, renters, and those on lower incomes. A system that depends on a public information campaign to avoid disenfranchising its own citizens has already conceded that the change carries real risk.

This newspaper accepts the strongest argument for the change, which is that same-day enrolment slowed the count and left final results and, on occasion, seat allocations uncertain for weeks. That delay was a genuine irritant, and one this newspaper has itself criticised. Faster, more certain results are not a trivial goal in a functioning democracy.

But speed bought at the price of votes not cast is a poor bargain. The Minister of Justice, Paul Goldsmith, holds responsibility for electoral law, and it falls to him to weigh a tidier count against the plain harm of citizens turned away from the roll. The Electoral Commission's campaign may soften that harm. It cannot be relied upon to remove it, and no government should treat a mitigation effort as a substitute for getting the underlying rule right in the first place.