From one perspective it’s troubling for our democracy. From another, it’s inspiring for all of us who persist in spite of the revulsion we engender in allies and opponents alike.
Look at the final parliamentary vote on the regulatory standards bill and you’d think it had relatively strong support. Sixty-eight votes for, 55 against. Not great, not terrible. “Where this bill leads us is a more respectful and more civilised society,” said its strongest proponent, Act leader David Seymour, as it comfortably cruised through its third reading and into the statute books.
It didn’t take long for it to emerge that the bill’s mattress of support was propped up on a seething bed of revulsion. Just a week after the vote, Seymour’s coalition partner and deputy prime ministerial predecessor Winston Peters appeared on Radio Waatea to tell people he never liked the law his entire caucus just voted for. He vowed to repeal it after the next election. “It was their deal, the Act Party’s deal with the National Party,” he told presenter Dale Husband. “We were opposed to this from the word go, but you’ve only got so many cards you can play.”
It’s not unprecedented for minor government partners to sick up in their mouths and vote for legislation they don’t like for the sake of governmental unity. The Greens queasily voted for the 2018 waka jumping bill championed by Peters while New Zealand First was in coalition with Labour.
It’s less common for major parties to admit they kind of hate the law they just passed, partly because it can make it seem like they’re not in charge of their own government. Despite that, National finance minister Nicola Willis told listeners on Nick Mills’ Newstalk ZB show on Wednesday that her party might join Peters in campaigning to get rid of the bill. “We haven’t taken a position yet, but it’s not impossible that we would go to the campaign trail saying, ‘yes, we met our coalition commitment, we supported that into law, but actually we agree with the concerns of some people, it hasn’t operated as we’d hoped and we want to repeal it’,” she said.
That leaves just Act in full-throated support of the new law. When you put two parties from the governing coalition together with the unanimous opposition of Labour, the Greens, and Te Pāti Māori, 112 of parliament’s 123 MPs seem to be against the legislation just signed by Dame Cindy Kiro and entered into the statute books of the sovereign nation of Aotearoa New Zealand.
From one perspective, it’s troubling to have a law in place that’s opposed by 91% of MPs, the Law Society, the Waitangi Tribunal, the Iwi Chairs Forum, 98% of submitters to its select committee process and even the notoriously chilled out former prime minister Geoffrey Palmer.
From another, what an underdog success story. When you adjust for per capita voting intention, the regulatory standards bill might be the most successful piece of legislation in our nation’s history. Its opponents have described it as a “cockroach”, and the comparison seems apt given it’s an almost unkillable beast that seems to feed on hatred.
There’s a clear case to be made that the regulatory standards bill is the least popular piece of legislation ever to be passed by our parliament. In overcoming its clear personal malignancy and forging on in the face of the revulsion it engenders, it’s an inspiration to us all, but particularly everyone here at The Spinoff offices. For the nation at large, this could be slightly worrying. Should a profoundly impactful bill that’s disliked by a supermajority of MPs and, seemingly, most people across New Zealand, actually be sent to the governor-general and progressed into law? Does this show some kind of issue with our political system, or if not that, then at least the negotiating power of what’s meant to be the largest party in our parliament?
Peters and Willis would likely say no. This is, after all, just MMP. Sometimes weaker parties simply have to make concessions to stronger ones in order to keep the government running.
Hard to argue.