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By-elections in New Zealand occur to fill
vacant Within the context of building construction and building codes, "occupancy" refers to the use, or intended use, of a building, or portion of a building, for the shelter or support of persons, animals or property. A closely related meaning is t ...
seats in the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
. The death, resignation, or expulsion of a sitting electorate MP can cause a by-election. (Note that
list MP A list MP is a member of parliament (MP) elected from a party list rather than from by a geographical constituency. The place in Parliament is due to the number of votes that the party won, not to votes received by the MP personally. This occurs ...
s do not have geographic districts for the purpose of provoking by-elections – if a list MP's seat becomes vacant, the next person on his or her party's list fills the position.) Historically, by-elections were often caused by general elections being declared void.


Background

Under th
Electoral Act 1993
a by-election need not take place if a general election will occur within six months of an electorate seat becoming vacant, although confirmation by a resolution supported by at least 75% of MPs is required. In 1996 the general election date was brought forward slightly, to 12 October, to avoid a by-election after the resignation of
Michael Laws Michael Laws (born 1957) is a New Zealand politician, broadcaster and writer. Laws was a Member of Parliament for six years, starting in 1990, initially for the National Party. In Parliament he voted against his party on multiple occasions an ...
. Twice, in 1943 and 1969, by-elections were avoided after the deaths in election years of Paraire Karaka Paikea and
Ralph Hanan Josiah Ralph Hanan (13 June 1909 – 24 July 1969), known as Ralph Hanan, was a New Zealand politician of the National Party. He was Mayor of Invercargill and then represented the electorate in Parliament, following in his uncle Josiah Hanan's ...
by passing special acts, the
By-election Postponement Act 1943
and th
By-election Postponement Act 1969
In recent years by-elections have not occurred particularly frequently – only one in the 2002–2005 parliamentary term, and none in the 1999–2002 or 2005–2008 terms. This is because most MPs who retire mid-term (e.g. Labour MPs Jim Sutton and Michael Cullen) were
List MP A list MP is a member of parliament (MP) elected from a party list rather than from by a geographical constituency. The place in Parliament is due to the number of votes that the party won, not to votes received by the MP personally. This occurs ...
s, so are simply replaced by the next member below them on their party list (unless that person is already an electorate MP, or does not agree). Some MPs have entered Parliament when two or more people above them on the list have declined, sometimes after pressure from their party: in 2008 Dail Jones (New Zealand First) and
Russel Norman Russel William Norman (born 2 June 1967) is a New Zealand politician and environmentalist. He was a Member of Parliament and co-leader of the Green Party. Norman resigned as an MP in October 2015 to work as Executive Director of Greenpeace Aote ...
(Green); and in 2011
Louisa Wall Louisa Hareruia Wall (born 17 February 1972) is a former New Zealand Labour Party politician who served as a Member of Parliament (MP) from 2011 to 2022. She has represented New Zealand in both netball as a Silver Fern and rugby union as a m ...
(Labour) after five above her on the list declined. Historically, however, they have taken place considerably more frequently – the 2nd Parliament of 1856–1860, for example, saw 33 by-elections and four supplementary elections, despite the House of Representatives originally having just 37 seats (increasing to 41 seats during the parliamentary term). In the past it was not uncommon for an MP who died in office to be replaced with an immediate family member such as a brother, wife (see
widow's succession Widow's succession was a political practice prominent in some countries in the early part of the 20th century, by which a politician who died in office was directly succeeded by their widow, either through election or direct appointment to the se ...
), or son. This resulted in the election of the first woman MP Elizabeth McCombs (who was in turn succeeded by her son Terry McCombs), the first woman National MP
Mary Grigg Mary Victoria Cracroft Grigg, Lady Polson, (née Wilson; 18 August 1897 – 22 December 1971) was a New Zealand politician of the National Party. Early life She was born as Mary Victoria Cracroft Wilson at Culverden in 1897. Her parents were ...
, and the first woman Māori MP Iriaka Rātana; all of whom took over their husband's seat. This practice has however fallen out of favour since the mid-seventies with the election of John Kirk to his late father's seat being the last occasion this happened at a by-election.
Mary Grigg Mary Victoria Cracroft Grigg, Lady Polson, (née Wilson; 18 August 1897 – 22 December 1971) was a New Zealand politician of the National Party. Early life She was born as Mary Victoria Cracroft Wilson at Culverden in 1897. Her parents were ...
was elected unopposed, and Wood notes that the 1942 Mid-Canterbury by-election is an extreme case where the election was gazetted without date of election, and four different dates are available from reputable sources: ''Official Year-book, Parliamentary Record, Journals of the House'' and J Boston.''By-elections in New Zealand; An Overview'' by J Boston in Political Science (32)2. Twelve Prime Ministers first came to parliament via by-elections:
Julius Vogel Sir Julius Vogel (24 February 1835 – 12 March 1899) was the eighth premier of New Zealand. His administration is best remembered for the issuing of bonds to fund railway construction and other public works. He was the first Jewish prime mi ...
,
Harry Atkinson Sir Harry Albert Atkinson (1 November 1831 – 28 June 1892) served as the tenth premier of New Zealand on four separate occasions in the late 19th century, and was Colonial Treasurer for a total of ten years. He was responsible for guiding ...
,
Robert Stout Sir Robert Stout (28 September 1844 – 19 July 1930) was a New Zealand politician who was the 13th premier of New Zealand on two occasions in the late 19th century, and later Chief Justice of New Zealand. He was the only person to hold bot ...
,
John Ballance John Ballance (27 March 1839 – 27 April 1893) was an Irish-born New Zealand politician who was the 14th premier of New Zealand, from January 1891 to April 1893, the founder of the Liberal Party (the country's first organised political part ...
, William Hall-Jones,
William Massey William Ferguson Massey (26 March 1856 – 10 May 1925), commonly known as Bill Massey, was a politician who served as the 19th prime minister of New Zealand from May 1912 to May 1925. He was the founding leader of the Reform Party, New Zea ...
,
Peter Fraser Peter Fraser (; 28 August 1884 – 12 December 1950) was a New Zealand politician who served as the 24th prime minister of New Zealand from 27 March 1940 until 13 December 1949. Considered a major figure in the history of the New Zealand La ...
, Keith Holyoake,
Walter Nash Sir Walter Nash (12 February 1882 – 4 June 1968) was a New Zealand politician who served as the 27th prime minister of New Zealand in the Second Labour Government from 1957 to 1960. He is noted for his long period of political service, havin ...
, Bill Rowling,
David Lange David Russell Lange ( ; 4 August 1942 – 13 August 2005) was a New Zealand politician who served as the 32nd prime minister of New Zealand from 1984 to 1989. Lange was born and brought up in Otahuhu, the son of a medical doctor. He became ...
and
Geoffrey Palmer Geoffrey Palmer may refer to: Politicians * Sir Geoffrey Palmer, 1st Baronet (1598–1670), English lawyer and politician *Sir Geoffrey Palmer, 3rd Baronet (1655–1732), English politician, Member of Parliament (MP) for Leicestershire *Geoffrey Pa ...
. Six Prime Ministers ( William Fox,
Henry Sewell Henry Sewell (7 September 1807 – 14 May 1879) was a prominent 19th-century New Zealand politician. He was a notable campaigner for New Zealand self-government, and is generally regarded as having been the country's first premier (an office ...
, Edward Stafford,
George Grey Sir George Grey, KCB (14 April 1812 – 19 September 1898) was a British soldier, explorer, colonial administrator and writer. He served in a succession of governing positions: Governor of South Australia, twice Governor of New Zealand, Go ...
,
Joseph Ward Sir Joseph George Ward, 1st Baronet, (26 April 1856 – 8 July 1930) was a New Zealand politician who served as the 17th prime minister of New Zealand from 1906 to 1912 and from 1928 to 1930. He was a dominant figure in the Liberal and Unit ...
and
Jacinda Ardern Jacinda Kate Laurell Ardern ( ; born 26 July 1980) is a New Zealand politician who has been serving as the 40th prime minister of New Zealand and leader of the Labour Party since 2017. A member of the Labour Party, she has been the member of ...
) have won by-elections later in their parliamentary careers, while Labour leaders Harry Holland and David Shearer were also first elected via a by-election. Some minor party founders have also launched their parties by resigning from a major party and their seat, then contesting it for their new party. Party founders who have done this include Matiu Rata and
Tariana Turia Dame Tariana Turia (born 8 April 1944) is a New Zealand politician. She was first elected to Parliament in 1996. Turia gained considerable prominence during the foreshore and seabed controversy in 2004, and eventually broke with the Labour P ...
. Both resigned from Labour to form Māori parties. In 1980 Rata was unsuccessful in retaking his
Northern Maori Northern Maori was one of New Zealand, New Zealand's four original parliamentary Māori electorates established in 1868, along with Eastern Maori, Western Maori and Southern Maori. In 1996 New Zealand general election, 1996, with the MMP in New Ze ...
electorate for his newly formed Mana Motuhake party, but in 2004 Turia successfully reclaimed Te Tai Hauauru for the
Māori Party Māori or Maori can refer to: Relating to the Māori people * Māori people of New Zealand, or members of that group * Māori language, the language of the Māori people of New Zealand * Māori culture * Cook Islanders, the Māori people of the Co ...
. In addition,
Winston Peters Winston Raymond Peters (born 11 April 1945) is a New Zealand politician serving as the leader of New Zealand First since its foundation in 1993. Peters served as the 13th deputy prime minister of New Zealand from 1996 to 1998 and 2017 to 2020, ...
resigned from National and his parliamentary seat in 1993, retaking the seat as an independent and going on to form the New Zealand First party. In these circumstances, by-elections are seen as a legitimisation of the MP's rejection of his or her old party. In addition, they provide vital publicity and something of a mandate for the new party. By-elections for the party in government in the two-party era due to a resignation were sometimes an opportunity for party supporters to abstain or to vote against the government if they disapprove of their party's policies, without endangering the government.
Bruce Beetham Bruce Craig Beetham (16 February 1936 – 3 May 1997) was an academic and politician from New Zealand, whose career spanned the 1970s and early 1980s. A lecturer at Hamilton's University of Waikato and at the Hamilton Teachers' Training Colle ...
entered parliament for Social Credit at the 1978 Rangitikei by-election, as did Gary Knapp in the 1980 East Coast Bays by-election. In the 1994 Selwyn by-election National retained the seat, but the Alliance candidate came second, perhaps held by votes from disaffected Labour voters for the Alliance candidate. The 1926 Eden by-election was won by Labour who became the official opposition, helped by a split over the Reform candidate selection.


Pre-party era


Liberal Party era

Key


Multi-party era

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Two-party era (1938–1996)

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MMP era (1996–present)

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45th Parliament (1997–1999)

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46th Parliament (2000–2002)

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47th Parliament (2003–2005)

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48th Parliament (2006–2008)

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49th Parliament (2009–2011)

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50th Parliament (2011–2014)

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51st Parliament (2014–2017)

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52nd Parliament (2017–2020)

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53rd Parliament (2020–present)

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See also

*
Elections in New Zealand New Zealand is a representative democracy in which members of the unicameral New Zealand Parliament gain their seats through elections. General elections are usually held every three years; they may be held at an earlier date (a " snap" electi ...


References


Bibliography

*


External links


Electoral Act 1993
(sections 129–133 refer to by-elections]
By-election Postponement Act 1943
(avoided a by-election after the death of Paraire Karaka Paikea)
By-election Postponement Act 1969
(avoided a by-election after the death of
Ralph Hanan Josiah Ralph Hanan (13 June 1909 – 24 July 1969), known as Ralph Hanan, was a New Zealand politician of the National Party. He was Mayor of Invercargill and then represented the electorate in Parliament, following in his uncle Josiah Hanan's ...
) {{DEFAULTSORT:New Zealand by-elections By-elections in New Zealand, * Lists of by-elections
By-elections A by-election, also known as a special election in the United States and the Philippines, a bye-election in Ireland, a bypoll in India, or a Zimni election ( Urdu: ضمنی انتخاب, supplementary election) in Pakistan, is an election use ...
By-elections A by-election, also known as a special election in the United States and the Philippines, a bye-election in Ireland, a bypoll in India, or a Zimni election ( Urdu: ضمنی انتخاب, supplementary election) in Pakistan, is an election use ...