4. What policies does your party have to strengthen and uphold the rule of law, including throughout the legislative process?
ACT believes the law should be clear and certain, apply equally to every New Zealander, and ultimately be made by the democratically elected Parliament.
Our ‘One Law for All’ policy would put three principles into the Constitution Act: Parliament is sovereign, the rule of law is fundamental, and all New Zealanders are equal before the law. We would also add property rights to the New Zealand Bill of Rights Act, strengthening scrutiny when governments interfere with people’s homes, farms and businesses.
ACT would amend legislation to reinforce Parliament’s responsibility for making the law and ensure clear statutory language cannot be displaced by judge-made presumptions. ACT will make clear that tikanga should apply only where it is directly relevant to the case (for example, a dispute between iwi), or where Parliament has expressly provided for it.
We would also require much greater discipline when legislation refers to the Treaty. Cabinet would have to identify the specific interests and obligations involved before drafting begins, rather than inserting vague clauses and leaving their practical meaning to officials or courts after enactment.
ACT’s Regulatory Standards ACT will improve the quality of lawmaking and regulation.
The rule of law must be upheld. This requires adherence to the well-established principles arising from the Separation of Powers.
While the Alliance recognises that Parliament is the supreme law-making body, its functions should always respect the rule of law. In particular, the Alliance will ensure that the Executive does not interfere with the proper administration of the Judiciary.
Urgency will be used only when necessary. Otherwise, the use of urgency removes and/or frustrates public scrutiny and input into the select committee process. Adequate time must be given to the select committee hearing processes.
Retrospectivity effect of new law must be rarely used. If the Executive wants to change legislation, it should not interfere with existing court proceedings unless there was deemed to be a national emergency and, in the safety, and security of Aotearoa New Zealand.
The court system is the proper forum for determining liability in tort law. The Alliance will reinstate the right to sue corporations or individuals in respect of damage caused by emissions-related climate change effects. Judiciary are well qualified to make findings or assess quantum of damages in circumstances when public interest consideration/consequences need to be taken in to account.
We support robust select committee scrutiny, meaningful public consultation, independent regulatory impact analysis, and legislation that is clear, evidence-based and enforceable.
We also support legislation that is drafted and administered in a way that places the protection of sentient animals at its centre, free from undue influence by industries that profit from their exploitation. Existing exemptions, inconsistencies and ambiguities that permit animal cruelty should be removed, and legislation should be supported by effective compliance monitoring, appropriate penalties and robust enforcement.
Scientific understanding of animal cognition and sentience has advanced considerably, and our laws should evolve accordingly. We support strengthening the Animal Welfare Act and developing a more coherent legal framework that removes exemptions and ambiguities that enable harmful practices to continue.
We also support establishing an independent Commissioner for Animals to provide independent oversight and ensure the interests of animals are properly considered throughout policy and legislative development.
AJP supports evidence-based law-making that respects democratic institutions while recognising the growing importance of Global Animal Law, including international cooperation to address transboundary issues such as biodiversity loss, wildlife trafficking and environmental degradation. We support exploring an international treaty on animal rights to establish stronger and more consistent protections across jurisdictions.
Ending prohibition of cannabis will strengthen and uphold rule of law. People will be more respectful and helpful to the police. Currently the ‘fear factor’ of being connected to cannabis holds people back from assisting the police. Even though there is a directive from government, not to arrest unless in the public interest, this still relies on police discretion, which is not clear cut, keeping the cannabis community in the shadows for proper legislative process. The 2011 Law Commission Report recognised cannabis as a health issue not a criminal matter.
Our priority in relation to the rule of law relates primarily to the international sphere. A focus, as noted in Question 1 above is New Zealand’s parliament honouring its signed international conventions and agreements regarding genocide, UN declarations on Palestinian Right of Return and the New Zealand cosponsored Security Council Resolution 2334 (2016) that Israel immediately and completely cease all settlement building activities in the Palestinian Occupied Territories. Domestically, we would repeal New Zealand’s existing Terrorism laws, including the list of banned terrorist groups. These laws are not fit for purpose as they serve primarily to tie New Zealand into the USA’s global “war on terror”, a partisan push to expand and entrench US global dominance.
We will protect judicial independence and discretion in sentencing, including by abolishing mandatory minimum sentences, life sentences, preventive detention, limits on sentence discounts, three strikes and limits on when home detention can be imposed instead of imprisonment. We will ensure legislation is evidence-based, rights-consistent, Tiriti-informed and subject to public participation and thorough select committee process.
Labour has consistently stood up and defended the rule of law when it has been under attack by this current Government. Whether that is opposing retrospectivity, the inappropriate use of urgency, or calling out inappropriate criticism of the judiciary. We are committed to a legislative process that respects the rights of communities and affected parties to have their say to laws that will affect them, and to a robust and considered legislative process. We believe it’s important for bills to have a robust select committee process, where New Zealanders have an opportunity to have their say.
National is committed to the rule of law, independent courts and stable democracy. Under the National-led government, New Zealand has risen to 5th in the 2025 World Justice Project Rule of Law index. We will continue to uphold our democratic processes, equality before the law, and transparency.
Our reforms are ensuring electoral law remains comprehensive, clear and enforceable. Strengthening and expanding the offences of treating, bribery, and undue influence to prevent importer influence over enrolment and voting decisions has improved trust in our electoral system. Law changes to the resilience of the electoral system ensure that electoral processes are fit for purpose and obligations are well understood.
We take democratic transparency seriously, which is why we have reinstated the ban on prisoners voting in elections, and strengthened democratic accountability by ensuring local government decision-makers are answerable to ratepayers.
Ensuring equal treatment before the law for all citizens, resisting co-governance models or legal privileges based on race or culture.
Protecting constitutional rights by requiring a comprehensive review of the Bill of Rights Act and opposing rushed legislation that subverts the presumption of innocence.
Strengthening democratic mandates by replacing parliamentary conscience votes with binding public referenda on constitutional and major social issues.
Securing institutional integrity by establishing an independent anti-corruption commission.
For NZ Loyal, the rule of law begins with government itself being subject to law and with genuine separation between Parliament, the executive and an independent judiciary.
Parliament increasingly produces legislation that is sometimes excessively prescriptive and at other times too vague, leaving fundamental questions to regulation or administrative discretion. We want legislation built around clear, coherent principles applying equally to New Zealanders.
Parliament and the common law should operate as complementary evolutionary mechanisms. Parliament should establish durable principles and lawful boundaries. Courts should then apply them to the particular facts of real cases, informed by statutory purpose, common law, evidence, natural justice and accumulated judicial expertise. Through reasoned judgments and precedent, the law can adapt to circumstances Parliament could never sensibly enumerate in advance.
We support clearer legal definitions of natural persons, companies, trusts and other legal constructs. Where foundational questions remain genuinely unsettled, they should be properly argued before independent courts, including ultimately the Supreme Court where appropriate, without Parliament directing the outcome.
Political attempts to engineer particular judicial results undermine this separation and risk unintended consequences. Strong institutions require each branch to respect both its authority and its limits.
FREEDOM will introduce an independent and transparent judicial appointments and promotions panel to enhance independence from the executive and public confidence in the administration of justice.
Opportunity is generally speaking supportive of the rule of law. Examples include our opposition to the current fast-track consenting regime on rule-of-law grounds, opposition to the excessive use of urgency and limitations on public consultation and defence of statutory bodies such as the Parliamentary Commissioner for the environment. Our Clean up Politics policy proposes regulating lobbying and donations and establishment of an independent anti-corruption body. These are broadly aimed at preserving democratic norms and preserving the rules of law.
Te Tiriti o Waitangi is at the forefront of our Party’s policies. Upholding the rule of law cannot be separated from Te Tiriti and the constitutional obligations of the Crown.
Our justice system has consistently produced inequitable outcomes for Māori. The persistence of these disparities requires us to redefine the way justice is administered. We will push for legislative and policy approaches that give actual effect to Te Tiriti o Waitangi so that Māori rights and interests can be recognised in full. This means we must move beyond reference to Te Tiriti and instead embed it into law and practice. If we want different outcomes, we must be willing to change the way the system currently operates.
A Fair, Independent and Accountable Justice System.
Vision NZ believes the rule of law is the foundation of a free and democratic New Zealand. Laws must apply equally to everyone, protect fundamental rights, and be administered by independent courts free from political interference. Parliament, ministers, public agencies and enforcement bodies must all act within clearly defined legal powers and remain accountable for their decisions.
We will protect judicial independence, strengthen the separation of powers and ensure courts have the resources required to deliver timely, impartial and accessible justice. We will maintain effective legal aid, expand Community Law and provide plain-English information so people can understand and enforce their rights.
Throughout the legislative process, we will support transparent, evidence-based law-making. Bills should be publicly available in accessible language, receive meaningful consultation and undergo rigorous scrutiny by select committees. Parliament must have adequate time to examine proposed laws, hear expert and community evidence, consider regulatory and human-rights impacts, and debate amendments openly. Urgent legislation will be used only when genuinely necessary, with clear reasons and subsequent review.
All legislation should be consistent with fundamental rights, constitutional principles and international obligations, or clearly explain any justified limitations.