Stakes high for election date decision

Prime Minister Jacinda Ardern will this morning announce whether the general election will be postponed, knowing major constitutional questions could arise if she chooses to proceed with the September 19 poll as planned.

Labour’s coalition partner New Zealand First yesterday joined opposition parties National and Act New Zealand in calling for the election to be postponed due to the heightening of Covid-19 alert levels.

Those three parties would amount to a parliamentary majority — if Ms Ardern asked Governor-General Dame Patsy Reddy to dissolve Parliament, a question could arise as to whether the Labour leader had the confidence of the House.

New Zealand First leader Winston Peters said yesterday that he still had confidence in Ms Ardern and that the Government would not collapse.

However, Mr Peters would not answer questions about what he would do if the Prime Minister chose not to postpone polling day.

While the planned September 19 date for the election was decided and publicised months ago, the legal procedures to cement that in place have yet to be put into motion.

On Friday, when confirming Covid-19 Alert Level 2 and 3 restrictions would remain in force for several more days, Ms Ardern said she wanted to take as much time as possible before deciding whether the election would proceed as scheduled.

Her announcement is scheduled for 10am.

Ms Ardern did not appear publicly yesterday. Health Minister Chris Hipkins fronted a press conference which provided updated Covid-19 information.

When asked about the election date, Mr Hipkins refused to be drawn and said only the Prime Minister could comment on that.

Mr Peters said a free and fair election could not be conducted on September 19, given the re-emergence of Covid-19 in Auckland and Tokoroa.

“Voters need to be able to hear from all political parties about their Covid response and other policies.

"That is fair. But until Auckland’s alert level comes down the playing field is hopelessly compromised," Mr Peters said.

University of Otago public law professor Andrew Geddis said postponement of the election was the likeliest outcome.

However, if Ms Ardern did ask Dame Patsy to dissolve Parliament for a September 19 election, Mr Peters’ statement of confidence yesterday should suffice for the Governor-General to believe the Prime Minster had the confidence of the House to call the election.

"Mr Peters did say that the Governor-General should be aware that a majority of the House favours a later election, but that is irrelevant to the point," Prof Geddis said.

"The Governor-General follows the Prime Minister’s advice that she has confidence, even if a majority of the House disagrees with that decision."

If Ms Ardern did postpone the election, Parliament would not be dissolved.

Having been adjourned at the end of the last sitting block, the House is scheduled to meet tomorrow — a potential logistical nightmare given dozens of airline flights have already been cancelled due to Covid-19 restrictions.

"The House would meet on Tuesday as normal because the adjournment would be over," Prof Geddis said.

"If it meets on Tuesday, that will be because Jacinda Ardern has agreed to put the election back, in which case Winston Peters will probably be happy and there will be no need for a motion of no confidence."