Mapp Wayne: Electoral Matters Bill — In Committee 
Mapp Wayne: Electoral Matters Bill — In Committee 
[Volume:622;Page:17260] 
Dr WAYNE MAPP (National—North Shore) 
: 
 I want to talk about two points. The first arises directly from the speech given by the Hon Harry Duynhoven. I know that Mr Duynhoven earnestly and seriously believes the factual content of everything he says. I understand that that is his belief. The question is however whether it is a correct interpretation of the events and I suggest to Mr Duynhoven that it is not. No one has suggested that Mr Duynhoven committed a crime. It is perfectly legitimate under New Zealand law to apply for the passport of another country if one is entitled to do so; we have a rule of dual citizenship. However the action of doing so was a breach of section 55 of the Electoral Act. That is incontrovertible. 
Hon Harry Duynhoven 
: The action of doing what? 
Dr WAYNE MAPP 
: The action of applying for a passport. 
Hon Harry Duynhoven 
: I didn’t apply for one. I have never applied for one. 
Dr WAYNE MAPP 
: The reality is that that was demonstrated by the fact that this Parliament passed legislation to rectify that very event. Now Mr Duynhoven has said that he did not apply for a passport—“he applied for nationality” may be a better way of putting it perhaps. But he undertook actions that were in breach of the Electoral Act—in short in breach of the very grounds by which one can be present in this place as a member of Parliament. If that had not been the case there would have been no correcting legislation. 
Our problem is not per se with the fact that Mr Duynhoven did that but rather with how the matter was corrected. There were two ways of doing so. The first option—and one I might add that is often undertaken in Australia—is a by-election. One perfects the wrong by going back to the people and seeking a fresh mandate so that the deficiency is not evident any further. Usually it is the case in Australia that when that happens the person is actually elected. The problem that Mr Duynhoven has now is that he is a member of Parliament by virtue of legislation not by virtue of election. Surely that is an awkward and a somewhat embarrassing situation to be in. 
The extraordinary thing is that when the Justice and Electoral Committee examined that whole area of law its members did not change it in such a way that would have enabled Mr Duynhoven’s situation to be legitimate thereafter. Of course that was the proposal by the Government initially—that it would just pass a law to fix up Mr Duynhoven’s situation because after all all the law would be fixed up so that anyone else in that situation would be able to do exactly the same thing. It was just a minor technicality essentially when put like that. 
Hon Tony Ryall 
: That’s what she said; she said she would fix it. 
Dr WAYNE MAPP 
: What the Government did effectively was to fix Mr Duynhoven because he is now in the invidious position of being the only person who has done an action that firstly required legislation to fix it and secondly still leaves him in an exceptional position in terms of the legislation proposed here. The legislation that is now proposed states that one is not in breach of the law if one renews a passport or travel document. As Mr Duynhoven has said he was not renewing a passport or travel document. He was making an initial application for nationality— 
Hon Harry Duynhoven 
: I raise a point of order Mr Chairperson. I am sorry but I take exception to that. The member knows full well that I said in my speech that that was not the case— 
The CHAIRPERSON (H V Ross Robertson) 
: I am sorry to interrupt the honourable member but if he is claiming misrepresentation then I suggest he look up Speaker’s ruling 35/3. 
Dr WAYNE MAPP 
: Perhaps I ought to conclude my speech by saying that Mr Duynhoven had a clear choice. He could have gone down the path of legislation with all the bankruptcy that that implies or he could have gone to the people for a fresh mandate. I am sure that on reflection Mr Duynhoven would have preferred the latter course. That is the reality—that on reflection maybe that is what he would have preferred.