The cannabis vote was a disgrace. And the court case to overturn it is doomed

Sorry, but you can’t go in front of a court after an election (or referendum) and simply say, ‘I don’t like how things were done – so let’s have another go’, writes Andrew Geddis. The narrow “no” vote in September’s cannabis referendum was A Really Bad Thing. I recently summarised my thoughts on it for … Read more

The Greens are now part of the ‘governing team’, if not the government

The cooperation agreement signed this morning represents a longer-term strategy for both Labour and the Greens – they could be useful to each other in three years’ time, writes Andrew Geddis. A few days after polling day, I wrote a thing reviewing the previous governing arrangements that parties have adopted under MMP and speculating on … Read more

Will Labour swipe right on the Greens to govern?

With the government set to take shape in the next few weeks, Labour and the Greens will have to decide on the nature of their relationship for the next three years. Andrew Geddis takes us through the options at hand.  Without even knowing the final election result (there are about 500,000 special votes still to … Read more

Nothing to do with the NZ First Party? Seriously laughable

Winston Peters claims complete exoneration, but the idea the fundraising activities of the NZ First Foundation are unlinked to the party just won’t wash, writes electoral law expert Andrew Geddis. The Serious Fraud Office’s announcement that it has charged two people with “obtaining by deception” after its investigation into the New Zealand First Foundation is … Read more

The campaign to lower the voting age arrives today at the High Court. Here’s what is at stake

The court will be asked to rule that the current voting age, while legally valid, is a form of unjustified age discrimination, explains Andrew Geddis. Is there any good reason to let 18-year-old people vote, but not those who are 16 or 17 years old? That’s the question the High Court starts grappling with today, … Read more

Unlawful, but necessary and reasonable: making sense of the High Court ruling on the lockdown

In choosing to lead with the threat that Covid-19 poses the High Court makes it abundantly clear that it is going to cut the government a lot of slack when reviewing the overall legality of its actions in response, writes Andrew Geddis. Probably the most famous opening to a court judgment is to be found … Read more

Andrew Geddis: Parliament’s dissolution has been delayed. What about the election?

Parliament is scheduled to be dissolved today for an election on September 19. University of Otago law professor Andrew Geddis runs through how and under what circumstances the election will happen – or be delayed. This post has been updated following the prime minister’s announcement that the dissolution of parliament will be deferred. No matter … Read more

Shocking news: The system worked and a noxious law got binned

In the blur of the last week of this parliament, a law that discriminated against family disability carers was torn from the books. It’s one of those moments when we can see why political activism of all kinds actually matters, writes Andrew Geddis. Last week, on Wednesday evening (which in parliament’s weird world technically was … Read more

Today the legality of the lockdown will be sternly challenged. And so it should be

The Borrowdale case, which goes before a full bench in the High Court today, demonstrates a society taking its basic governing commitments seriously, writes Andrew Geddis. As time goes by, it becomes ever more apparent that New Zealand’s response to Covid-19 has worked as well as we could hope. We didn’t just flatten the curve, … Read more

The ruling that lays bare the gross injustice of the three strikes law

The court said a prison sentence was ‘manifestly unjust’, but it had no alternative, explains Andrew Geddis. In some New Zealand prison sits a man called Daniel Clinton Fitzgerald. He has been behind bars since December of 2016. Unless something happens, of which more later, he may stay there until December 2023. All because he … Read more

The prisoner voting law and the dawn of the zombie electors

Finally, voting rights for prisoners serving less than three years has been restored. It’s a cause to celebrate, but it appears to have been overshadowed by some procedural games and unhelpful amendments, writes Andrew Geddis. Last night should have been a cause for muted celebration in parliament, with the Electoral (Registration of Sentenced Prisoners) Bill’s … Read more

One problem with the compassionate leave ban: it’s quite possibly not legal

While the announcement that nobody in managed isolation will be allowed out early on compassionate grounds might sound reassuring, its legal basis appears extremely shaky, writes law professor Andrew Geddis. As recounted by The Spinoff’s own Justin Giovannetti, there’s no doubt that last week’s Covid-19 traipsing travellers omnishambles caught the government unawares. Indeed, I think … Read more

Disentangling the Unite for the Recovery ad campaign conundrum

The government says it’s providing an essential service as the country emerges from Covid-19; the opposition says it’s election propaganda in disguise. Which side is right about Unite for the Recovery? Being the opposition to a first-term New Zealand government simply isn’t fair. Voters historically appear minded to give whoever is in charge the benefit … Read more

Andrew Geddis: The level two law is necessary – and full of flaws

The shortcomings seem to reflect a broader problem with how Māori have been overlooked in the plans to move to level two. On Tuesday and Wednesday, parliament raced into law the “new normal” framework for our lives until Covid-19 is finally vanquished. That sounds dramatic, but it’s true. The now in force Covid-19 Public Health … Read more

Yes, the courts should scrutinise the lockdown. But Bridges’ committee should back off

The legality of the actions taken in response to Covid-19 are coming under question. And some are very reasonable questions to ask, writes law professor Andrew Geddis. Questions over the legality of the various notices issued by the director general of health to enforce New Zealand’s Covid-19 “lockdown” have reached something of a critical mass … Read more

The lockdown has a new legal basis – but does it makes the rules any clearer?

On Friday night, the government quietly laid down some lockdown rules via a legal order under the Health Act. Law professor Andrew Geddis explains what it means for all of us (including David Clark).  As the first week of level four lockdown unfolded, mounting questions grew as to just what was (and was not) allowed … Read more

Lockdown policing can’t work well while there’s still confusion over rules

When officials – including police themselves – don’t seem clear on the rules around movement, it makes it harder for everyone to do the right thing, writes Andrew Geddis. Aotearoa New Zealand has committed to trying to eradicate the virus that causes Covid-19 from its shores. To do that, as a society we’ve moved to … Read more

How politics, police and power work in lockdown New Zealand

And who watches over the use of that power? Law professor Andrew Geddis on the way authority operates at Covid-19 alert level four.  Most of the time, we think of governing in pretty immediate terms. How effectively has the minister messaged their transport policy? Does the coalition have the numbers in the house to pass … Read more

The government is giving new orders. What is the legal basis for them?

Sweeping new restrictions on travel and assembly are being rolled out, with more likely. Andrew Geddis details the laws which allow the government to impose them. Covid-19 has plunged Aotearoa New Zealand (indeed, the world) into territory that, while not totally unprecedented, certainly hasn’t been seen during the lifetimes of most of us here today. … Read more

The NZ election is a big event. Could it be delayed in a Covid-19 world?

Andrew Geddis explores the legal issues around a possible postponement to the election date. There’s a lot we don’t yet know about how Covid-19 will impact us here in Aotearoa New Zealand. But the advice from experts – massive respect, as we used to say back in the day, to Siouxsie Wiles and her fellow … Read more

Money talks: Why the donations crisis goes to the heart of trust in our politics

Today The Spinoff launches a week-long series on politics and funding. With a host of donations under scrutiny, we’ll ask: how did we end up in this predicament, and how might we fix it? Launching the series, Otago University law professor and electoral law expert Andrew Geddis explains why the subject is of such fundamental … Read more

The NZ First donations investigation had to happen. And ignorance is no excuse

Otago University law professor Andrew Geddis explains why authorities are so interested in what the NZ First Party did with donations to the ‘NZ First Foundation’. Political donation scandals, it would seem, are like Wellington buses. You can spend years impatiently waiting on one, then along come a couple in quick succession. Because, hot on … Read more

A political donations powderkeg: on SFO criminal charges and the National Party

A flurry of questions attend the Serious Fraud Office’s announcement it is charging four people in relation to donations, and the answers could have huge implications in election year, writes Andrew Geddis. The announcement by the Serious Fraud Office that it has filed criminal charges against four people “in relation to donations paid into a … Read more

No wonder Andrew Little is pissed off. But done-in-a-day law is usually bad law

In introducing a swift ‘effective ban’ on foreign donations to political parties, the justice minister basically said that he’d had enough of the select committee’s shit. Understandable, but not good enough, writes Andrew Geddis. Back in August, I wrote a piece on this site titled “so you want to hack New Zealand’s democracy?”, in which … Read more

The reversal of the prisoner voting ban is a big move, and especially sweet for two men

Many prisoners who had the vote taken away from them will now see their rights restored. Otago University law professor Andrew Geddis outlines how we got here, and why he’s so pleased to see the change. Today, the Labour-NZ First (with support from the Greens) government announced it will repeal the complete ban on prisoner … Read more

One possibility is NZ First has broken electoral law. The other possibility is worse

If what has been reported is both true and not a breach of the rules for political donations, then New Zealand’s reputation for being squeaky clean looks like a joke, writes electoral law expert Andrew Geddis. Anyone paying attention to New Zealand political parties and how they run their election campaigns has been able to … Read more

How the free-market squad devoured its free-speech children

The High Court rejection of the Free Speech Coalition’s challenge to the cancellation of an Auckland event by Lauren Southern and Stefan Molyneux carries a cruel irony for the zealous right. If the current madness of modern life permits, cast your mind back to the middle of last year. Two “right-wing provocateurs” from Canada (ship … Read more

Why political attack ads will have to stop using footage from parliament

Speaker Trevor Mallard has announced a crackdown on parties using footage of their opponents in parliament for attack ads. What’s this all about? Electoral law expert Andrew Geddis explains.  As the House was kicking off its business yesterday, Speaker Trevor Mallard opened things up by announcing a ruling on Standing Orders. A Labour Party MP … Read more