2015–2016 New Zealand flag referendums
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Two New Zealand flag referendums were held by the
New Zealand Government , background_color = #012169 , image = New Zealand Government wordmark.svg , image_size=250px , date_established = , country = New Zealand , leader_title = Prime Minister Jacinda Ardern , appointed = Governor-General , main_organ = , ...
in November/December 2015 and March 2016 to determine the nation's flag. The voting resulted in the retention of the current flag of New Zealand. Shortly after the referendum announcement, party leaders reviewed draft legislation and selected candidates for a Flag Consideration Panel. The purpose of this group was to publicise the process, seek flag submissions and suggestions from the public, and decide on a final shortlist of options. Open consultation and design solicitation garnered 10,292 design suggestions from the public, later reduced to a "longlist" of 40 designs and then a "shortlist" of four designs to contend in the first referendum. Following a petition, the shortlist was later expanded to include a fifth design, the Red Peak. The first
referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
took place between 20 November and 11 December 2015 and asked, "If the New Zealand flag changes, which flag would you prefer?" Voters were presented with several options selected by the Flag Consideration Panel. The black, white, and blue silver fern flag by Kyle Lockwood advanced to the second referendum. The second referendum took place between 3 and 24 March 2016. It asked voters to choose between the selected alternative (the black, white and blue silver fern flag) and the existing New Zealand flag. Reception of the process and the finalist designs were highly critical, with no great enthusiasm shown among the public. From an aggregation of analyses, the consensus was that the referendum was "a bewildering process that seems to have satisfied few".


Background and administration

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
has a history of debate about whether the
national flag A national flag is a flag that represents and symbolizes a given nation. It is flown by the government of that nation, but usually can also be flown by its citizens. A national flag is typically designed with specific meanings for its colours ...
should be changed. For several decades, alternative designs have been proposed, with varying degrees of support. There is no consensus among proponents of changing the flag as to which design should replace the flag. In January 2014, Prime Minister
John Key Sir John Phillip Key (born 9 August 1961) is a New Zealand retired politician who served as the 38th Prime Minister of New Zealand from 2008 to 2016 and as Leader of the New Zealand National Party from 2006 to 2016. After resigning from bo ...
floated the idea of a referendum on a new flag at the 2014 general election. The proposal was met with a mixed response. Then in March, Key announced that New Zealand would hold a
referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
within the next three years asking whether to change the flag design, if the National Party be re-elected for a third term. Following National's re-election the details of the referendum were announced.


Legal issues

The results of both referendums were binding, meaning the flag with the most votes in the second referendum would become the official flag of New Zealand. In the unlikely event the second referendum vote was tied, an assumption for the status quo would have applied. If a new flag design had been chosen, assuming no intellectual property issues, the Flags, Emblems and Names Protection Act 1981 would have been updated to reflect the new design six months to the day after the second referendum results were declared (or earlier by Order in Council). The current flag would have remained the official flag until then; for example, the current flag would have been flown during the
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, four months after the second referendum took place, regardless of the results of the second referendum. This result would not have changed the
coat of arms A coat of arms is a heraldry, heraldic communication design, visual design on an escutcheon (heraldry), escutcheon (i.e., shield), surcoat, or tabard (the latter two being outer garments). The coat of arms on an escutcheon forms the central ele ...
(which includes the current national flag), the
national Māori flag The Tino Rangatiratanga flag, also known as the national Māori flag, is used to represent the Māori people of New Zealand. In 2009, the ''Tino Rangatiratanga'' flag (also simply ''Tino'') was selected as the national Māori flag after a natio ...
, the flags of Associated States (
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and
Niue Niue (, ; niu, Niuē) is an island country in the South Pacific Ocean, northeast of New Zealand. Niue's land area is about and its population, predominantly Polynesian, was about 1,600 in 2016. Niue is located in a triangle between Tong ...
), or the New Zealand Red Ensign (merchant marine),
White Ensign The White Ensign, at one time called the St George's Ensign due to the simultaneous existence of a cross-less version of the flag, is an ensign worn on British Royal Navy ships and shore establishments. It consists of a red St George's Cross ...
(naval), (both incorporating Union Flags) police flag and fire service flag (which are based on the current flag). It would also not change New Zealand's status as a constitutional monarchy in the Commonwealth of Nations.


Use of current flag

If the flag had been changed, it would have been legal to have continued to fly the current flag of New Zealand, which would have been "recognised as a flag of historical significance." Old flags would have been replaced once worn out. Official documents depicting the current flag, such as driver licences, would have been phased out as a matter of course – in the case of driver licences, this would have been when licences are renewed and would therefore have taken up to 10 years. New Zealand Government ships and those non-government ships flying the New Zealand flag (instead of the New Zealand Red Ensign) would have been given an extra six months to change their flag to the new design. Ships flying the New Zealand Red Ensign and ships belonging to the New Zealand Defence Force would not have been affected by any flag changes, nor would any New Zealand-based ships registered to foreign countries.


Cost of transition

The estimated cost of updating government flags and Defence Force uniforms was approximately $2.69 million. Other unknown costs include updating government ships, updating trademarks and logos, publicity of the new flag, excess stock of old flags (including products and souvenirs containing it), and updating all flags, packaging, uniforms and marketing material in the private and sporting sectors. The government would not have provided compensation for the cost of adopting the new flag.


Pre-referendums process


Cross-party group

Shortly after announcing the referendum, party leaders were invited to a cross-party group. The purpose of the cross-party group was to review draft legislation allowing for the referendums to take place, and to nominate candidates for a Flag Consideration Panel by mid February 2015. Members included
Bill English Sir Simon William English (born 30 December 1961) is a New Zealand former National Party politician who served as the 39th prime minister of New Zealand from 2016 to 2017 and as the 17th deputy prime minister of New Zealand and minister of f ...
(Finance Minister and leader of the group), Jonathan Young (representing National),
Trevor Mallard Trevor Colin Mallard (born 17 June 1954) is a New Zealand politician and member of the Labour Party. First elected to Parliament in 1984, he was Speaker of the New Zealand House of Representatives from 2017 until 2022. Mallard was a Cabinet m ...
(representing Labour),
Kennedy Graham Kennedy Gollan Montrose Graham (born 1946) is a New Zealand politician and former Member of Parliament for the Green Party. He has served in the New Zealand Foreign Service for sixteen years, and lectured at the University of Canterbury and Vi ...
(representing Green),
Marama Fox Marama Kahu Fox is a former New Zealand politician who was elected to the New Zealand parliament at the 2014 general election as a representative of the Māori Party. Following her election to parliament, she was named Māori Party co-leader al ...
(representing Māori), David Seymour (representing ACT) and
Peter Dunne Peter Francis Dunne (born 17 March 1954) is a retired New Zealand politician who was the Member of Parliament (MP) for Ōhāriu. He held the seat and its predecessors from 1984 to 2017—representing the Labour Party in Parliament from 1984 ...
(representing United Future). New Zealand First refused to participate.


Flag Consideration Panel

The Flag Consideration Panel was a separate group of "respected New Zealanders" with representative age, regional, gender and ethnic demographics. Their purpose was to publicise the process, seek flag submissions and suggestions from the public, and decide on a final shortlist of four suitable options for the first referendum. Public consultation took place between May and June 2015. The panel stated that it consulted
vexillologists Vexillology ( ) is the study of the history, symbolism and usage of flags or, by extension, any interest in flags in general.Smith, Whitney. ''Flags Through the Ages and Across the World'' New York: McGraw-Hill, 1975. Print. The word is a synthe ...
(flag experts) and designers to ensure that the flags chosen were workable and had no impediments."Open letter from the Panel"
New Zealand Government (Govt.nz). 17 December 2015. Retrieved 9 March 2016.
The members of the Flag Consideration Panel were: * Chair: John Burrows, former deputy chancellor of the University of Canterbury * Deputy chair: Kate De Goldi, author *
Julie Christie Julie Frances Christie (born 14 April 1940) is a British actress. An icon of the Swinging Sixties, Christie is the recipient of numerous accolades including an Academy Award, a BAFTA Award, a Golden Globe, and a Screen Actors Guild Award. She ...
, reality television producer * Rod Drury, businessman * Rhys Jones, former Chief of the New Zealand Defence Force *
Beatrice Faumuina Beatrice Roini Liua Faumuina (born 23 October 1974 in Auckland, New Zealand) is a former New Zealand discus thrower. Career Faumuina was a gold medallist at the 1997 World Championships in Athletics. She has represented New Zealand in four Su ...
, former discus thrower *
Brian Lochore Sir Brian James Lochore (3 September 1940 – 3 August 2019) was a New Zealand rugby union player and coach who represented and captained the New Zealand national team, the All Blacks. He played at number 8 and lock, as well as captaining the ...
, former
All Blacks The New Zealand national rugby union team, commonly known as the All Blacks ( mi, Ōpango), represents New Zealand in men's international rugby union, which is considered the country's national sport. The team won the Rugby World Cup in 1987 ...
coach * Nicky Bell, chief executive of New Zealand branch of
Saatchi & Saatchi Saatchi & Saatchi is a British multinational communications and advertising agency network with 114 offices in 76 countries and over 6,500 staff. It was founded in 1970 and is currently headquartered in London. The parent company of the agency gr ...
*
Peter Chin Peter Wing Ho Chin, CNZM () (born 1941) is a lawyer and was the 56th Mayor of Dunedin, New Zealand. He served two terms as Mayor from 2004 to 2010. Early life and career Peter Chin is a descendant of the earliest Chinese immigrants to New Z ...
, former mayor of
Dunedin Dunedin ( ; mi, Ōtepoti) is the second-largest city in the South Island of New Zealand (after Christchurch), and the principal city of the Otago region. Its name comes from , the Scottish Gaelic name for Edinburgh, the capital of Scotland. Th ...
* Stephen Jones, youth councillor * Malcolm Mulholland, academic *
Hana O'Regan Hana Merenea O'Regan (born 1973) is a Māori language advocate and academic in New Zealand. She is a member of the Ngāi Tahu iwi (tribe). Early life and education O'Regan was born in Wellington, the youngest of five children, to Tipene O'Reg ...
, Māori studies academic


Referendums legislation

The legislation to set up the referendums passed its first Parliament hearing on 12 March 2015 with a vote of 76 to 43. It was then considered by the Justice and Electoral Select Committee. During their public submission intake phase the RSA launched the "Fight for the Flag" campaign, also backed by New Zealand First, to reverse the question order and first ask if New Zealanders want a flag change. Labour MP Trevor Mallard presented a petition signed by 30,000 people to the Committee, asking for a keep/change question to be added to the first referendum, similar to the 2011 voting system referendum. During its second hearing in Parliament, MP
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 ...
proposed an amendment so that the second referendum would only take place if turnout for the first referendum was at least 50%, as a way of ensuring
majority rule Majority rule is a principle that means the decision-making power belongs to the group that has the most members. In politics, majority rule requires the deciding vote to have majority, that is, more than half the votes. It is the binary deci ...
and reducing costs if the public was apathetic. Ardern's proposal was voted down and the bill was passed as-is on 29 July 2015.


Public engagement process

As part of the public engagement process, flag designs and symbolism/value suggestions were solicited until 16 July, which resulted in a total of 10,292 design suggestions. All 10,292 submitted design proposals were presented to the public on the New Zealand government website. During the public engagement process, the Flag Consideration Panel travelled around the country for workshops and
hui The Hui people ( zh, c=, p=Huízú, w=Hui2-tsu2, Xiao'erjing: , dng, Хуэйзў, ) are an East Asian ethnoreligious group predominantly composed of Chinese-speaking adherents of Islam. They are distributed throughout China, mainly in the n ...
. These in-person consultation events were noted to have markedly low attendance. The consideration panel noted strong online engagement with over 850,000 visits to the website and 1,180,000 engagements on social media. The panel reported that feedback found the themes of freedom, history, equality, respect and family to be the most significant to New Zealanders, however it was later revealed that those themes were dwarfed by the amount of feedback critical of the flag change process. From the submitted designs they found the most common colours were white, blue, red, black, and green. The most common elements incorporated into the flag designs were the
Southern Cross Crux () is a constellation of the southern sky that is centred on four bright stars in a cross-shaped asterism commonly known as the Southern Cross. It lies on the southern end of the Milky Way's visible band. The name ''Crux'' is Latin for ...
,
silver fern ''Alsophila dealbata'', synonym ''Cyathea dealbata'', commonly known as the silver fern or silver tree-fern, or as ponga or punga (from Māori or ),The Māori word , pronounced , has been borrowed into New Zealand English as a generic term fo ...
,
kiwi Kiwi most commonly refers to: * Kiwi (bird), a flightless bird native to New Zealand * Kiwi (nickname), a nickname for New Zealanders * Kiwifruit, an edible berry * Kiwi dollar or New Zealand dollar, a unit of currency Kiwi or KIWI may also ref ...
, and
koru The ''koru'' () is a spiral shape based on the appearance of a new unfurling silver fern frond. It is an integral symbol in Māori art, carving and tattooing, where it symbolises new life, growth, strength and peace. Its shape "conveys the id ...
. The main themes incorporated into the designs were Māori culture, nature and history. The flag of the United Tribes and the
Tino Rangatiratanga ' is a Māori language term that translates literally to 'highest chieftainship' or 'unqualified chieftainship', but is also translated as "self-determination", "sovereignty" and "absolute sovereignty". The very translation of is important t ...
flag were not considered as eligible options as a result of consultation with Māori groups.


Long list

From the 10,292 submitted designs, the Flag Consideration Panel deliberations resulted in their selection of a "long list" shortlist of 40 designs (announced to the public on 10 August 2015). File:NZ flag design Wa kainga Home by Studio Alexander.svg, Wā kāinga / Home by Studio Alexander File:NZ flag design Land Of The Long White Cloud (Ocean Blue) by Mike Archer.svg, Land Of The Long White Cloud (Ocean Blue) by Mike Archer File:NZ flag design Land Of The Long White Cloud (Traditional Blue) by Mike Archer.svg, Land Of The Long White Cloud (Traditional Blue) by Mike Archer File:NZ flag design Huihui Together by Sven Baker.svg, Huihui/Together by Sven Baker File:NZ flag design Silver Fern (Black & Silver) by Sven Baker.jpg, Silver Fern (Black & Silver) by Sven Baker File:NZ flag design Southern Cross Horizon by Sven Baker.svg, Southern Cross Horizon by Sven Baker File:NZ flag design Southern Koru by Sven Baker.JPG, Southern Koru by Sven Baker File:NZ flag design Unity Koru (Red & Blue) by Sven Baker.svg, Unity Koru by Sven Baker File:NZ flag design Inclusive by Dominic Carroll.svg, Inclusive by Dominic Carroll File:NZ flag design Moving Forward by Dominic Carroll.svg, Moving Forward by Dominic Carroll File:NZ flag design The Seven Stars of Matariki by Matthew Clare.jpg, The Seven Stars of
Matariki ), signalling the Māori new year., litcolor=, observedby=New Zealanders, nickname=, official_name=, alt=, image=M45 Pleiades Pbkwee (cropped to core 9 stars).jpg, relatedto=, date2022=24 June, date2023=14 July In Māori culture, Matariki is the ...
by Matthew Clare File:NZ flag design Silver Fern (Green) by Roger Clarke.jpg, Silver Fern (Green) by Roger Clarke File:NZ flag design Curly Koru by Daniel Crayford and Leon Cayford.jpg, Curly Koru by Daniel Crayford and Leon Cayford File:NZ flag design Koru Fin by Daniel Crayford and Leon Cayford.jpg, Koru Fin by Daniel Crayford and Leon Cayford File:NZ flag design Modern Hundertwasser by Tomas Cottle.svg, Modern Hundertwasser koru by Tomas Cottle File:NZ flag design NZ One by Travis Cunningham.jpg, NZ One by Travis Cunningham File:NZ flag design Black Jack by Mike Davison.jpg, Black Jack by Mike Davison File:NZ flag design Unity Koru by Paul Densem.svg, Unity Koru by Paul Densem File:NZ flag design New Southern Cross by Wayne William Doyle.svg, New Southern Cross by Wayne William Doyle File:NZ flag design Red Peak by Aaron Dustin.svg, Red peak by Aaron Dustin File:NZ flag design Manawa (Black & Green) by Otis Frizzell.jpg, Manawa (Black & Green) by Otis Frizzell File:NZ flag design Manawa (Blue & Green) by Otis Frizzell.svg, Manawa (Blue & Green) by Otis Frizzell File:NZ flag design Embrace (Red & Blue) by Denise Fung.svg, Embrace (Red & Blue) by Denise Fung File:NZ flag design Koru (Black) by Andrew Fyfe.svg, Koru (Black) by Andrew Fyfe File:NZ flag design Koru (Blue) by Andrew Fyfe.svg, Koru (Blue) by Andrew Fyfe File:NZ flag design Unity Fern (Red & Blue) by Paul Jackways (redesign).svg, Unity Fern (Red & Blue) by Paul Jackways File:NZ flag design White & Black Fern by Alofi Kanter.svg, White and Black Fern by Alofi Kanter File:NZ flag design Silver Fern (Black & White) by Alofi Kanter.svg, Silver Fern (Black and White) by Alofi Kanter File:NZ flag design New Zealand Matariki by John Kelleher.svg, New Zealand Matariki by John Kelleher File:NZ flag design Silver Fern (Black with Red Stars) by Kyle Lockwood.svg, Silver Fern (Black with Red Stars) by Kyle Lockwood File:NZ flag design Silver Fern (Red, White & Blue) by Kyle Lockwood.svg, Silver Fern (Red, White and Blue) by Kyle Lockwood File:NZ flag design Silver Fern (Black & White) by Kyle Lockwood.svg, Silver Fern (Black & White) by Kyle Lockwood File:NZ flag design Silver Fern (Black, White & Red) by Kyle Lockwood.svg, Silver Fern (Black, White and Red) by Kyle Lockwood File:NZ flag design Silver Fern (Black, White & Blue) by Kyle Lockwood.svg, Silver Fern (Black, White and Blue) by Kyle Lockwood File:NZ flag design Pikopiko by Grant Pascoe.jpg, Pikopiko by Grant Pascoe File:NZ flag design Finding Unity in Community by Dave Sauvage.jpg, Finding Unity in Community by Dave Sauvage File:NZ flag design Fern (Green, Black & White) by Clay Sinclair and Sandra Ellmers.jpg, Fern (Green, Black & White) by Clay Sinclair and Sandra Ellmers File:NZ flag design Koru and Stars by Alan Tran.jpg, Koru and Stars by Alan Tran File:NZ flag design Raranga by Pax Zwanikken.jpg, Raranga by Pax Zwanikken File:NZ flag design Tukutuku by Pax Zwanikken.svg,
Tukutuku Tukutuku panelling is a distinctive art form of the Māori people of New Zealand, a traditional latticework used to decorate meeting houses (wharenui). Other names are tuitui and arapaki. Tukutuku flank the posts around the edge of the wharenui ...
by Pax Zwanikken


Notes


Shortlist announcement and adjustment

On 1 September 2015, the Flag Consideration Panel announced the four designs to be included in the first referendum. After public disappointment with the official shortlist, a social media campaign was launched on 2 September for the Red Peak flag. On 23 September, the Green Party MP
Gareth Hughes Gareth Hughes (23 August 1894 – 1 October 1965) was a Welsh stage and silent screen actor. Usually cast as a callow, sensitive hero in Hollywood silent films, Hughes got his start on stage during childhood and continued to play youthful lead ...
attempted to introduce a bill to parliament to include Red Peak as an option in the first referendum. Prime Minister
John Key Sir John Phillip Key (born 9 August 1961) is a New Zealand retired politician who served as the 38th Prime Minister of New Zealand from 2008 to 2016 and as Leader of the New Zealand National Party from 2006 to 2016. After resigning from bo ...
confirmed that the National Party would pick up the legislation, meaning the Red Peak flag was added as a fifth option in the flag referendum.


Criticism

The referendum process and alternative flag designs were heavily criticised. Commentators identified many issues and reasons for failure, the most significant of which are listed below.


Politicisation

Prime minister John Key's drive to run the referendums was seen as disproportionate compared to apathy among the public. Members of parliament accused the referendums as Key's "vanity project", populist
bread and circuses "Bread and circuses" (or bread and games; from Latin: ''panem et circenses'') is a metonymic phrase referring to superficial appeasement. It is attributed to Juvenal, a Roman poet active in the late first and early second century CE, and is used ...
, a distraction from poverty and housing issues, or a vehicle to establish a personal legacy. In hindsight, the National Business Review suggests that politicisation contributed to the referendum's failure, because the debate and the alternative flag designs were so heavily associated with Key and the National Party rather than the actual flag change itself. Key's campaigning was noted as perplexing and ineffectual. His statements on the topic of New Zealand's identity and colonial legacy were mixed, which confused the public. Additionally, he relied on his own existing popularity as the face of the referendum to persuade the public, with a change the flag campaign by
Change the NZ Flag Change the NZ Flag was a group campaigning for New Zealanders to change the national flag of New Zealand. The group described itself as "an independent, non-political, design-neutral society that is committed to building support for, and involv ...
. Opposition parties had hitherto supported a flag referendum as party policy, but took the opportunity to politicise this referendum. By focusing on defeating Key himself and criticising the integrity of the process at every stage, the public was split along political party lines and it devolved into a referendum on Key, with many voting for the current flag as a protest vote against him. For example, according to a January 2016 poll by UMR, 16% of those sampled said that they planned to vote to "send a message to John Key". Key's inclusion of the Red Peak design in the shortlist at the request of the Green Party was seen as a belated and futile appeasement, and cross-party support was necessary from the very beginning of the process.


Timing

Members of parliament were also concerned about the timing. Some expressed disgust at the timing of the bill just before the centenary of the Gallipoli landing, some said the process was rushed, and
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 ...
said that no significant event had occurred to warrant a flag change at this time. Others said it was more important to become a republic before considering whether to remove a symbol of British rule from the flag. Political commentators also suggested that the timing was futile. Matthew Hooton pointed out that there would have been sufficient national momentum in the aftermath of the
2011 Rugby World Cup The 2011 Rugby World Cup was the seventh Rugby World Cup, a quadrennial international rugby union competition inaugurated in 1987. The International Rugby Board (IRB) selected New Zealand as the host country in preference to Japan and South Af ...
instead. Morgan Godfery suggested that the public kept the current flag due to insecurity about cultural identity at a time when familiar cultural touchstones like house ownership, the dairy industry and demographics were undergoing upheaval. Audrey Young suggested that the process was too rushed, and a longer one lasting at least two electoral cycles would have allowed more time for opposition party support and the possibility of a Labour prime minister overseeing the final result. Martin Kettle cited status quo bias as a critical influence in referendums and noted that change is typically only possible if there is a previously existing, firm, well-informed movement for change.


Priority

Opposition parties condemned the flag as low priority compared to current issues in the public consciousness such as education, health and housing. Trevor Mallard and
Phil Goff Philip Bruce Goff (born 22 June 1953) is a New Zealand politician. He was a member of the New Zealand Parliament from 1981 to 1990 and again from 1993 to 2016. He served as leader of the Labour Party and leader of the Opposition between 11 N ...
cited the results of recent opinion polls that showed public opposition or apathy to a flag change.


Cost

Opposition parties,
Royal New Zealand Returned and Services' Association The Royal New Zealand Returned and Services' Association, best known simply as the RSA, is one of the largest voluntary welfare organisations in New Zealand and one of the oldest ex-service organisations in the world. Wounded soldiers returnin ...
(RSA) president Barry Clark and members of the public criticised the referendum plan for costing $26 million which could be spent on other issues. The $4 million publicity campaign for the national tour was especially criticised as public turnout was markedly apathetic; some admitted that they attended just for free biscuits, and at the Christchurch event only ten people arrived. Key defended the cost of the referendum by stating that it was the price to ensure a genuine democratic process and would be a one-off cost for the next "50 to 100 years" regardless of the result. David King pointed out that a stronger brand image for the country could lead to a net financial gain, especially through exports and tourism, with Key pointing out the precedent of Canada changing to its current maple-leaf flag.


Order of questions

During the first Parliamentary hearing, Labour Party, NZ First, Green Party and Māori Party expressed dissatisfaction with the order of the questions and said that the public should first be asked whether they want a change, and continue with a second referendum only if they do, or both questions compacted into one referendum, which could potentially save millions of dollars. David Seymour (ACT's representative in the Cross-Party Group) said that the planned order made sense, as the public would need to see the alternative designs before deciding on a change. Professor John Burrows, chair of the Flag Consideration Panel, agreed that familiarity with proposals was a prerequisite for a properly informed decision about them.


Bias

Various members of parliament accused the process and documents of being biased.
Trevor Mallard Trevor Colin Mallard (born 17 June 1954) is a New Zealand politician and member of the Labour Party. First elected to Parliament in 1984, he was Speaker of the New Zealand House of Representatives from 2017 until 2022. Mallard was a Cabinet m ...
and
Phil Goff Philip Bruce Goff (born 22 June 1953) is a New Zealand politician. He was a member of the New Zealand Parliament from 1981 to 1990 and again from 1993 to 2016. He served as leader of the Labour Party and leader of the Opposition between 11 N ...
claimed that the final list of members of the Flag Consideration Panel was numerically slanted towards those nominated by the National Party, despite the shortlist of candidates being roughly neutral.
Denis O'Rourke Denis John O'Rourke (born 26 July 1946) is a former New Zealand politician. He served fifteen years as a councillor on Christchurch City Council, and served six years as a Member of Parliament representing New Zealand First. Early years Born ...
said that the shortlisting process was undemocratic because the Flag Consideration Panel would select the final flag design options on behalf of New Zealanders.
Stuart Nash Stuart Alexander Nash (born August 1967) is a politician from New Zealand. He was a list member of the House of Representatives for the Labour Party from to 2011, and was re-elected in the as representative of the Napier electorate. He ente ...
presented quotes in the Regulatory Impact Statement document admitting that referendum options were restricted by prior decisions by the National Party dominated
Cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filing ...
and prime minister, accusing them of pre-determining the process. A third-party analysis of submissions to the consideration panel's StandFor.co.nz website revealed that negative submissions were filtered out and disregarded in the panel's report and the associated and widely publicised
word cloud A tag cloud (also known as a word cloud, wordle or weighted list in visual design) is a visual representation of text data, which is often used to depict keyword metadata on websites, or to visualize free form text. Tags are usually single word ...
. According to this analysis, the largest term in the official word cloud, "equality", appeared in 4.89% of comments, whereas "keeping the current flag" was the most common theme and represented 31.96% of comments. According to opposition MP Trevor Mallard this shows that the flag change process suffered from "total spin" and that the panel pushed to change the flag in breach of its mandate to be neutral. Documents revealed that Flag Consideration Panel judge Julie Christie was a board member of the
New Zealand Trade and Enterprise New Zealand Trade and Enterprise (NZTE) is New Zealand's economic development and trade promotion agency. It offers strategic advice, access to networks and influencers, research and market intelligence, and targeted financial support to help bus ...
(NZTE) body ''New Zealand Story'' where she "had formally agreed to support the use of the NZ Way Fern Mark in any flag design". This fern design ended up as one of the shortlist entries. Christie had declared this as a potential conflict of interest but it was dismissed as minor. After the Flag Consideration Panel revealed the four shortlisted designs, some noticed that three out of the four designs coincided with prime minister John Key's personal design preferences. (3/4 contained a silver fern until the Red Peak flag was added) Thus, the panel was accused of being sycophantic and undermining their mandate to be neutral and democratic, which restricted the options available to the public and ruined the reputation of the whole process.


Flag solicitation and selection

The National Business Review criticised the use of
crowdsourcing Crowdsourcing involves a large group of dispersed participants contributing or producing goods or services—including ideas, votes, micro-tasks, and finances—for payment or as volunteers. Contemporary crowdsourcing often involves digita ...
to solicit flag designs that became publicly viewable on the government's website. Crowdsourcing processes have historically been inundated by unqualified participants submitting large numbers of very low-quality, plagiarised or malicious contributions that ignore standard rules and best practices, with a high administrative burden to identify which ones are legal and serviceable. Crowdsourcing has especially proved unsuitable for tasks that require training or expertise. For example, in an expert review of hundreds of photographs submitted to the news site NU.nl, 86% of submissions were deemed unusable and only one photograph was considered professional quality. In the case of the flag referendums, the flag solicitation process was treated as a joke by the public and garnered far too many amateurish and facetious proposals. These were openly viewable on the government's website and became disseminated and mocked on worldwide media, threatening the prestige of the whole process. Commentators felt that the Flag Consideration Panel did not have the expertise to make any adequate flag design judgements, since none of its members had any credentials or experience in the fields of
graphic design Graphic design is a profession, academic discipline and applied art whose activity consists in projecting visual communications intended to transmit specific messages to social groups, with specific objectives. Graphic design is an interdiscipli ...
,
art Art is a diverse range of human activity, and resulting product, that involves creative or imaginative talent expressive of technical proficiency, beauty, emotional power, or conceptual ideas. There is no generally agreed definition of wha ...
or
vexillology Vexillology ( ) is the study of the history, symbolism and usage of flags or, by extension, any interest in flags in general.Smith, Whitney. ''Flags Through the Ages and Across the World'' New York: McGraw-Hill, 1975. Print. The word is a synthe ...
. A spokesman responded that "it was considered that panel members did not need specialist skills in art, design, legal or intellectual property" and that consultation with experts would be sufficient. The panel stated that it consulted vexillologists and designers to ensure that the flags chosen were workable and had no impediments. According to journalist Grant McLachlan, the panel consulted a
Nike Nike often refers to: * Nike (mythology), a Greek goddess who personifies victory * Nike, Inc., a major American producer of athletic shoes, apparel, and sports equipment Nike may also refer to: People * Nike (name), a surname and feminine give ...
shoe designer and not any vexillologists. Illustrator Toby Morris condemned the process as "
design by committee Design by committee is a pejorative term for a project that has many designers involved but no unifying plan or vision. Usage of the term The term is used to refer to suboptimal traits that such a process may produce as a result of having to compr ...
" and noted that the structural issues were so obvious that he and other designers were able to predict the selections and outcome as soon as the process was announced. Some commentators suggested that the flags should have been evaluated only by professional designers.
Nándor Tánczos Nándor Steven Tánczos (, hu, Tánczos Nándor; born 29 May 1966) is a New Zealand social ecologist, researcher, educator, activist and political commentator. He is currently a councillor in the Whakatāne District Council. He is also co-direc ...
opined that the Flag Consideration Panel denied the public a chance to choose their favourite designs by deciding on their behalf, since the public had no input or voting on the flag selection. Professionals have pointed out that the process ignored established best practices in the fields of market research, design and vexillology. Missing elements included clear research questions, artistic criteria,
requirements elicitation In requirements engineering, requirements elicitation is the practice of researching and discovering the requirements of a system from users, customers, and other stakeholders. The practice is also sometimes referred to as "requirement gathering". ...
, prototyping, monetary reward, direct public consultation on the longlist and shortlist selections, design iteration, deadline extensions and consideration of
choice architecture Choice architecture is the design of different ways in which choices can be presented to decision makers, and the impact of that presentation on decision-making. For example, each of the following: * the number of choices presented * the manner i ...
such as randomisation. Those who criticised the use of crowdsourcing sometimes suggested that design professionals should have been given a core role in the creation of the flag designs. For comparison, the
North American Vexillological Association The North American Vexillological Association (NAVA) is a membership organization devoted to vexillology, the scientific and scholarly study of flags. It was founded in 1967 by American vexillologist Whitney Smith (1940–2016), and others. It ...
's accepted flag design process also involves soliciting public design suggestions, but these submissions are seen only by design experts and vexillologists who then evaluate the entries and make necessary refinements or make new designs based on the suggestions. The flag design shortlist was met with negative response from most members of the public, professional designers and the
International Federation of Vexillological Associations The International Federation of Vexillological Associations (FIAV, French language, French acronym: ''Fédération internationale des associations vexillologiques'') is an international federation of 53 regional, national, and multinational assoc ...
, with the selection labelled "a national disgrace" by writer Karl Puschmann and "tea towels of Kiwiana" by Gareth Morgan. The selection was lambasted as unappealing, clichéd, dull, superficial and too logo-like. There were complaints that the four initial designs did not offer sufficient variety, as only one did not feature a large silver fern dividing the field, and two were identical except for a colour choice, prompting accusations of
groupthink Groupthink is a psychological phenomenon that occurs within a group of people in which the desire for harmony or conformity in the group results in an irrational or dysfunctional decision-making outcome. Cohesiveness, or the desire for cohesiveness ...
and favouritism amongst the panel. For critics of the referendum process, the problems with the design selection confirmed the ineptitude they had long suspected of the panel. In hindsight, those analysing the reasons for the referendums' failure have posited that the quality of the official selection was so poor that it effectively prevented the possibility of a flag change. Some proposed that the outcome reflected the public's negative reception of the Kyle Lockwood design more than their underlying attitudes about flag change or national identity.


Inclusion of Red Peak flag

In September, the initial shortlist of four flags was amended to include the
Red Peak flag The Red Peak flag (also called First to the Light) is a proposed New Zealand flag that appeared as one of five options for voters to consider in the 2015–16 flag referendums. Designed by Aaron Dustin in 2015, Red Peak appeared on the governmen ...
after an online petition accrued 50,000 signatures. NZ First leader Winston Peters, former National Party official Grant McLachlan and others felt that instead of respectfully incorporating wider public opinion, this inclusion was an arbitrary deference to a trendy but unrepresentative social media campaign at the expense of established procedure and other, larger social media campaigns about the flag. McLachlan demonstrated that online signatures could easily be forged by recording himself signing the petition sixteen times and fraudulently impersonating members of parliament. They accused the campaign of having dubious credibility and chided the government for considering the petition without checking the details sufficiently.


First referendum

If the New Zealand flag changes, which flag would you prefer? File:NZ flag design Silver Fern (Black, White & Blue) by Kyle Lockwood.svg, Option A File:NZ flag design Red Peak by Aaron Dustin.svg, Option B File:NZ flag design Koru (Black) by Andrew Fyfe.svg, Option C File:NZ flag design Silver Fern (Black & White) by Alofi Kanter.svg, Option D File:NZ flag design Silver Fern (Red, White & Blue) by Kyle Lockwood.svg, Option E The first referendum started on 20 November 2015 with voting closing three weeks later on 11 December 2015. Using the
preferential voting {{short description, Election systems Preferential voting or preference voting (PV) may refer to different election systems or groups of election systems: * Ranked voting methods, all election methods that involve ranking candidates in order of pr ...
system, it asked voters to rank the five shortlisted flag alternatives in order of preference. The most popular design would contend with the current national flag in the second referendum. Opponents of flag change encouraged members of the public to abstain from voting, render the voting paper invalid or strategically vote for the worst alternative flag as a protest.


Results

Preliminary results were released on the night of 11 December; official results were declared on 15 December. Voters ranked Kyle Lockwood's Silver Fern (Black, White and Blue) design as the most preferred out of the five options. Non-transferable votes include voting papers that were not able to be transferred, as all of the preferences given had been exhausted. Informal votes include voting papers in which the voter had not clearly indicated their first preference. Invalid votes include voting papers that were unreadable or cancelled. The added work of calculating results for individual electorates under preferential voting made no vote breakdown by electorate be available.


Second referendum

What is your choice for the New Zealand flag? File:NZ flag design Silver Fern (Black, White & Blue) by Kyle Lockwood.svg, Option 1 (alternative design) File:Flag of New Zealand.svg, Option 2 (existing design) The second referendum started on 3 March 2016 with voting closing three weeks later on 24 March 2016. It asks voters to choose between the existing New Zealand Flag and the preferred alternative design selected in the first referendum.


Results

On 24 March 2016, the preliminary results of the second referendum were announced with the current flag winning 56.7% compared to 43.3% for the new flag. Informal votes include voting papers where the voter had not clearly indicated their preference (e.g. votes returned blank or voting for both options).
Invalid votes include voting papers that were unreadable or cancelled.


Results by electorate

Of New Zealand's 71 electorates, only six had a majority vote in favour of the alternative flag: , , , , and . The Māori electorates had markedly low turnout and high support for the status quo. This result confused Malcolm Mulholland of the Flag Consideration Panel, who believed they had adequately engaged with Māori during their nationwide tour.


Multiple voting reports

After the first referendum, the
Electoral Commission An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
referred seven cases of people apparently voting more than once to police. On 8 and 9 March, the Electoral Commission referred four more cases of apparent multiple voting to police. This included one case of an Auckland man allegedly voting with 300 ballot papers stolen from other people's mailboxes. Voting more than once is known as
personation Personation (rather than ''im''personation) is a primarily- legal term, meaning 'to assume the identity of another person with intent to deceive'. It is often used for the kind of voter fraud where an individual votes in an election, whilst pret ...
and is identified as a corrupt electoral practice under both the
Electoral Act 1993 The Electoral Act 1993 is an Act of the New Zealand Parliament for regulating elections in New Zealand. It "establishes the electoral agencies, electoral system, election processes (including that for disputing results), how MPs are replaced betw ...
and the Flag Referendums Act. A person convicted of personation is liable to up to two years' imprisonment and a fine up to $40,000, and carries a mandatory disqualification from enrolling or voting for three years.


Aftermath


Reaction to results

John Key said that he was disappointed by the result but was still glad that the country had a valuable discussion about what it stood for. The failure of the referendum resulted in a loss of political
prestige Prestige refers to a good reputation or high esteem; in earlier usage, ''prestige'' meant "showiness". (19th c.) Prestige may also refer to: Arts, entertainment and media Films * ''Prestige'' (film), a 1932 American film directed by Tay Garnet ...
for Key. Some predicted that this failure would become part of his legacy, though others suggested that this would still be overshadowed by events such as the
2011 Christchurch earthquake A major earthquake occurred in Christchurch on Tuesday 22 February 2011 at 12:51 p.m. local time (23:51 UTC, 21 February). The () earthquake struck the entire of the Canterbury region in the South Island, centred south-east ...
and privatisation of state assets.


Retrospectives from key figures

Years after the referendum, John Key said his biggest regret was being unable to change the flag. He still believed the country should adopt a unique flag design to increase its sense of national pride, pointing out how proud Americans are of their national flag. He also believed that as a small country, New Zealand still needs "a symbol that is ours" to raise its profile and make its identity more well-known overseas. In hindsight, he blamed opposition parties for politicising the referendum and turning it a vote on him personally. If he could go back in time, he would have "pushed harder" and changed the flag without a referendum, as the public would become accustomed to a new design after it became official. Flag Consideration Panel member Malcolm Mulholland said he wasn't sure if the Lockwood flag designs were the best selections for the referendum. According to Mulholland, the Lockwood flags were chosen as compromise designs that were "a bob each way", as they combined the silver fern with elements from the current flag to appeal to people who were indecisive about flag change. In hindsight, he would have chosen a purely silver fern based design, as he observed the public warming up to a flag change later in the debate.


Future prospects for change

Although the current flag was retained after the referendum, proponents of a flag change were still optimistic.
Change the NZ Flag Change the NZ Flag was a group campaigning for New Zealanders to change the national flag of New Zealand. The group described itself as "an independent, non-political, design-neutral society that is committed to building support for, and involv ...
campaign leader Lewis Holden opined that the flag debate "has only just begun". He pointed out that support for the alternative design (43%) was a much closer result than anyone had expected, undermining the stature of the current flag and raising the possibility of a successful flag change in the future. He also noted that factors behind support for a flag change (i.e. cultural diversity, Asia-Pacific links and independent symbols) would only increase in the future. Change the NZ Flag wound up and its web domain and Facebook page were taken over by
New Zealand Republic New Zealand Republic Inc. is an organisation formed in 1994 whose object is to support the creation of a New Zealand republic. The campaign chair is Lewis Holden, an Auckland political activist and businessman. The organisation is not aligned w ...
. Former Green MP Keith Locke also pointed out that the 43% result was a marked increase over previous opinion polls that showed support for change in the 20–30% range. He suggested that a flag process with a better design and less politicisation could feasibly result in a majority vote for change. Politicians were not expected to revisit the flag issue for the next fifteen years or so, though becoming a republic may provide the impetus for another attempt at change. Labour leader Andrew Little agreed that it was appropriate to discuss the flag as part of constitutional debates once the reign of Queen Elizabeth II was over.


See also

*
New Zealand flag debate The New Zealand flag debate is a periodic question over whether the national flag should be changed. For several decades, alternative designs have been proposed, with varying degrees of support. There is no consensus among proponents of changi ...
* Laser Kiwi flag


References


External links

* (archived 18 April 2016) {{DEFAULTSORT:New Zealand flag referendums, 2015-16 Proposed flags of New Zealand 2015–2016 New Zealand flag referendums Flag referendums Flag referendums 2015 referendums 2016 referendums Multiple-choice referendums 2015–2016 New Zealand flag referendums