New Zealand flag referendums, 2015–16

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2015–16 New Zealand flag referendums
Koru by Andrew Fyfe
Red Peak flag by Aaron Dustin
Silver Fern (Black, White and Blue) by Kyle Lockwood
Silver Fern (Red, White and Blue) by Kyle Lockwood
Silver Fern (Black and White) by Alofi Kanter
The final five alternative flag designs

The New Zealand government plans to hold two referendums relating to the New Zealand flag in 2015 and 2016. The referendums will first determine a preferred alternative flag and then decide whether New Zealand should adopt it.[1] The first vote will take place between 20 November and 11 December 2015 and will ask "If the New Zealand flag changes, which flag would you prefer?"[2] The second referendum, planned for 3–24 March 2016, will ask voters to choose between the current New Zealand flag and the preferred alternative design selected in the first referendum.[3][4]

Background[edit]

Main article: New Zealand flag debate

New Zealand has a history of debate about 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 changing the flag as to which design should replace the flag.

In January 2014, Prime Minister John Key floated the idea of a referendum on a new flag at the 2014 general election.[5] The proposal was met with a mixed response.[6][7] Then in March, Key announced that New Zealand would hold a referendum within the next three years asking whether or not to change the flag design, should the National Party be re-elected for a third term.[8] Following National's re-election the details of the referendum were announced.[1]

Pre-referendums process[edit]

Cross-party group[edit]

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 (Finance Minister and leader of the group), Jonathan Young (representing National), Trevor Mallard (representing Labour), Kennedy Graham (representing Green), Marama Fox (representing Māori), David Seymour (representing ACT) and Peter Dunne (representing United Future). New Zealand First refused to participate.[1][9][10]

Flag Consideration Panel[edit]

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.[11][12] The members of the Flag Consideration Panel were:[13]

Referendums legislation[edit]

The legislation to set up the referendums passed its first Parliament hearing on 12 March 2015 with a vote of 76 to 43.[14] 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.[15] 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.[16] During its second hearing in Parliament, MP Jacinda Ardern 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 and reducing costs if the public was apathetic. However, Ardern's proposal was voted down and the bill was passed as-is on 29 July 2015.[17]

Public engagement process[edit]

A silver fern frond, a common element in many of flag designs

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.[3] During that time, the Flag Consideration Panel travelled around the country for workshops and hui with markedly low attendance.[18]

Although there was low attendance at the workshops, the consideration panel noted strong online engagement with over 850,000 visits to the website and 1,180,000 engagements on social media.[19]

The feedback found the theme of freedom, history, equality, respect and family to be the most significant to New Zealanders.[19] 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, silver fern, and koru. The main themes incorporated into the designs were Māori culture, nature and history.[19]

Long list[edit]

From the submitted designs, the Flag Consideration Panel selected an initial longlist of 40 (publicly revealed on 10 August).[20]

  • Wā kāinga / Home by Studio Alexander [note 1]

  • Land Of The Long White Cloud (Ocean Blue) by Mike Archer

  • Land Of The Long White Cloud (Traditional Blue) by Mike Archer

  • Huihui/Together by Sven Baker

  • Silver Fern (Black & Silver) by Sven Baker

  • Southern Cross Horizon by Sven Baker

  • Southern Koru by Sven Baker

  • Unity Koru by Sven Baker

  • Inclusive by Dominic Carroll

  • Moving Forward by Dominic Carroll

  • The Seven Stars of Matariki by Matthew Clare

  • Silver Fern (Green) by Roger Clarke

  • Curly Koru by Daniel Crayford and Leon Cayford

  • Koru Fin by Daniel Crayford and Leon Cayford

  • Modern Hundertwasser koru by Tomas Cottle [note 2]

  • NZ One by Travis Cunningham

  • Black Jack by Mike Davison

  • Unity Koru by Paul Densem

  • New Southern Cross by Wayne William Doyle

  • Red peak by Aaron Dustin

  • Manawa (Black & Green) by Otis Frizzell

  • Manawa (Blue & Green) by Otis Frizzell

  • Embrace (Red & Blue) by Denise Fung

  • Koru (Black) by Andrew Fyfe

  • Koru (Blue) by Andrew Fyfe

  • Unity Fern (Red & Blue) by Paul Jackways

  • White and Black Fern by Alofi Kanter

  • Silver Fern (Black and White) by Alofi Kanter

  • New Zealand Matariki by John Kelleher

  • Silver Fern (Black with Red Stars) by Kyle Lockwood

  • Silver Fern (Red, White and Blue) by Kyle Lockwood

  • Silver Fern (Black & White) by Kyle Lockwood

  • Silver Fern (Black, White and Red) by Kyle Lockwood

  • Silver Fern (Black, White and Blue) by Kyle Lockwood

  • Pikopiko by Grant Pascoe

  • Finding Unity in Community by Dave Sauvage

  • Fern (Green, Black & White) by Clay Sinclair and Sandra Ellmers

  • Koru and Stars by Alan Tran

  • Raranga by Pax Zwanikken

  • Tukutuku by Pax Zwanikken

Notes[edit]

  1. ^ The Wā kāinga won the top $20,000 prize in a privately organised competition run by the Gareth Morgan Foundation.[21]
  2. ^ The "Modern Hundertwasser" was later removed following a copyright claim from the Hundertwasser Non-Profit Foundation.[22]

Shortlist announcement[edit]

On 1 September 2015, the Flag Consideration Panel announced the final four designs to be included in the first referendum.[23]

Image Designer(s) Name Notes
NZ flag design Silver Fern (Black & White) by Alofi Kanter.svg Alofi Kanter Silver Fern (Black and White) Variation of the silver fern flag which has the unique silver fern and black and white colour scheme.[24] This design uses counterchanging and the fern design from the New Zealand government's Masterbrand logo.[25]
NZ flag design Silver Fern (Red, White & Blue) by Kyle Lockwood.svg Kyle Lockwood Silver Fern (Red, White and Blue) According to the designer, the silver fern represents the growth of the nation and the Southern Cross represents the location of New Zealand in the antipodes. The blue represents New Zealand's clear atmosphere and the Pacific Ocean. The red represents the country's heritage and sacrifices made.[26]

This proposal won a Wellington newspaper flag competition in July 2004 and appeared on TV3 in 2005 after winning a poll which included the present national flag.[27] In 2014 a similar design won a DesignCrowd competition.[28]
NZ flag design Silver Fern (Black, White & Blue) by Kyle Lockwood.svg Kyle Lockwood Silver Fern (Black, White and Blue) Variation of the above with black instead of red, and a different shade of blue. This general design is currently John Key's preferred proposal but has been criticised on aesthetic grounds by Hamish Keith, Paul Henry and John Oliver.[29][30] New Zealand Herald writer Karl Puschmann called it a design for those "sitting on the fence" who didn't want much change.[31] Members of the public have compared it unfavourably to Weet-Bix packaging, "Kiwi Party Ware" plastic plate packaging, the National Basketball Association logo, or a merger of the Labour and National party logos.[32]
NZ flag design Koru (Black) by Andrew Fyfe.svg Andrew Fyfe Koru (Black) Features a Maori koru pattern depicting an unfurling fern frond, traditionally representing new life, growth, strength and peace. In this flag it is meant to also resemble a wave, cloud and ram's horn.[24]
When this design was revealed on the shortlist, the public immediately nicknamed it "Hypnoflag" via social media.[33]

Criticism of selection[edit]

The flag design shortlist was met with negative response from some members of the public, professional designers and vexillologists.[34] The selection was lambasted as unappealing, clichéd, dull and too logo-like. Many complained that the four designs were far too similar to each other, as only one does not feature a large silver fern dividing the field, and two are identical except for a colour choice. Commentators also felt that the Flag Consideration Panel was never qualified to make an adequate design selection, since none of its members had any credentials or experience in the fields of graphic design, art or vexillology.[33][35][36][37][38][31][39][40][41] The panelists claimed to have consulted designers, but this turned out to be a Nike shoe designer and not any vexillologists.[34]

Nándor Tánczos opined that the Flag Consideration Panel denied the public a chance to choose their favourite designs by deciding on their behalf, and ended up with a selection bad enough to potentially prevent a flag change as the referendum outcome.[42]

Red Peak[edit]

Main article: Red Peak flag
The Red Peak flag rose to prominence after dissatisfaction with the final four designs

After public disappointment with the official shortlist of four options, a social media campaign was launched on 2 September[43] for the Red Peak flag, a design well-liked by supporters of changing the New Zealand flag who disapprove of the silver fern flag and other similar proposed designs. Despite not being selected by the official Flag Consideration Panel, the Red Peak design is considered a favourable alternative and is supported by a grassroots social media campaign for its inclusion in any public referendum for a new national flag design.[44][45] An online petition to support inclusion of the flag design as an option for the referendum gained support from 50,000 petitioners in less than two weeks,[46] and was handed over to Parliament by David Seymour on 16 September 2015.[47]

On 23 September, the Green Party MP Gareth Hughes attempted to introduce a bill to parliament to include Red Peak as an option in the first referendum. The bill's introduction was blocked by New Zealand First. Prime Minister John Key confirmed that the National Party would pick up the legislation meaning the Red Peak flag will be added as a fifth option in the flag referendum.[48]

First referendum[edit]

If the New Zealand flag changes, which flag would you prefer?[49]

  • Option A

  • Option B

  • Option C

  • Option D

  • Option E

The first referendum is planned to take place from 20 November to 11 December 2015. It will ask voters to rank the five shortlisted flag alternatives in order of preference. The most popular design will contend with the current national flag in the second referendum.[9][13][3][50][24]

Opponents of flag change have 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.[51]

Option First Preference Last Iteration
Votes  % Votes  %
NZ flag design Silver Fern (Black, White & Blue) by Kyle Lockwood.svg Option A
NZ flag design Red Peak by Aaron Dustin.svg Option B
NZ flag design Koru (Black) by Andrew Fyfe.svg Option C
NZ flag design Silver Fern (Black & White) by Alofi Kanter.svg Option D
NZ flag design Silver Fern (Red, White & Blue) by Kyle Lockwood.svg Option E
Total 100.00 100.00
exhaused votes
informal votes
total votes cast
turnout

Second referendum[edit]

What is your choice for the New Zealand flag?[52]

  • Option 1 (to be defined)

  • Option 2

The second referendum is planned for 3–24 March 2016. It will ask voters to choose between the current New Zealand Flag and the preferred alternative design selected in the first referendum.[3][53]

Results and implications[edit]

The results of both referendums will be binding, meaning the flag with the most votes in the second referendum will be the official flag of New Zealand. In the unlikely event of a tied vote, an assumption for the status quo will apply and the current flag will prevail.[54]

If a new flag design is chosen, assuming no intellectual property issues and the referendums results are not ruled void, the Flags, Emblems and Names Protection Act 1981 would be updated to reflect the new design six months to the day after the second referendum results are declared (or earlier by Order in Council). The current flag would remain the official flag until then; for example, the current flag would be flown during the 2016 Summer Olympics, four months after the second referendum is planned to take place, regardless of the results of the second referendum. This result would not change the coat of arms (which includes the current national flag), national Māori flag, nor the flags of Associated States (Cook Islands and Niue), nor the New Zealand Red Ensign (merchant marine), White Ensign (naval), police flag and fire service flag (which are based on the current flag).[55] It would also not change New Zealand's status as a constitutional monarchy in the Commonwealth of Nations.[56]

Use and legality of current flag[edit]

In the event of a flag change, it would be legal to continue to fly the current flag of New Zealand, which is "recognised as a flag of historical significance."[57] Old flags would be replaced once worn out.[55][58] Official documents depicting the current flag, such as driver licences, would be phased out as a matter of course – in the case of driver licences, this would be when licences are renewed and would take up to 10 years.

Ships would be given an extra six months to change their flag to the new design.[59] It is unclear how this is reconciled with the Regulatory Impact Statement's claim that the Red Ensign (used by the merchant marine) would not be changed.[55]

Cost of transition[edit]

The estimated cost of updating government flags and Defence Force uniforms is at least $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 will not provide compensation for the cost of adopting the new flag.[55]

Criticism[edit]

Priority[edit]

Opposition parties condemned the flag as low priority compared to current issues in the public consciousness such as the education system, lack of funding to district health boards, cuts to police services, child poverty, gridlock in Auckland among other transportation problems, lack of economic diversity, immigration, the housing crisis, Māori representation, and lack of written constitution. Trevor Mallard and Phil Goff cited the results of recent opinion polls that showed widespread public opposition or apathy (results are shown in the section below). These were used to argue that the referendums were unnecessary as the question was already answered by the public as a clear negative.[60]

Cost[edit]

Opposition parties, Royal New Zealand Returned and Services' Association (RSA) president Barry Clark and members of the public criticised the referendum plan for costing $26 million which could be spent on other issues.[61][62][63][64][65][66] Once the Flag Consideration Panel started its national tour, the cost of the campaign was again criticised. Various charities and social services emphasised how much $26 million could fund to help poverty alleviation, public health and education. Also, the $4 million publicity campaign was contrasted with the low turnout; at the Christchurch event only ten people arrived.[67]

John Key defended the cost of the referendum by stating that it is 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.[68] David King pointed out that a stronger brand image for the country could lead to a net financial gain, especially through exports and tourism.[55]

Bias[edit]

The public opposition to a flag change was also contrasted with prime minister John Key's disproportionate drive to run the referendums, and members of parliament accused him of attempting a flag change as his "vanity project" or populist bread and circuses.[60][16] New Zealand First has accused the referendum of acting as a distraction from poverty and housing issues.[10]

Various members of parliament accused the process and documents of being biased. Trevor Mallard and Phil Goff 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. Kennedy Graham expressed scepticism at the official rationale that the referendums simply reflected a pre-existing public debate, and argued that recent discussion was actually deliberately sparked by the referendums announcement itself. Denis O'Rourke said that the shortlisting process was undemocratic because the Flag Consideration Panel would select the final flag design options on behalf of New Zealanders, and asking the public to choose between alternative designs before asking if they wanted a change was intentionally manipulative. Stuart Nash presented quotes in the Regulatory Impact Statement document admitting that referendum options were restricted by prior decisions by the National Party dominated Cabinet and prime minister, accusing them of pre-determining the process.[60]

Documents revealed that Flag Consideration Panel judge Julie Christie is a board member of the New Zealand Trade and Enterprise (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.[69]

Order of questions[edit]

During the first Parliamentary hearing, Labour Party, NZ First, Green Party and Māori Party expressed dissatisfaction with the order of the questions. They said that the public should first be asked whether they want a change, and only continue with a second referendum if they do, or both questions compacted into one referendum, which could potentially save millions of dollars.[60][14] However, 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.'[70] Professor John Burrows, chair of the Flag Consideration Panel, agreed that familiarity with proposals is a prerequisite for a properly informed decision about them.[56]

Timing[edit]

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 said that no significant event had occurred to warrant a flag change at this time.[60] Nándor Tánczos noted a common perception that removing a symbol of British sovereignty from the flag before constitutionally removing British sovereignty is tokenistic.[42]

Inclusion of Red Peak flag[edit]

In September, the initial shortlist of four flags was amended to include the Red Peak flag after an online petition accrued 50,000 signatures. NZ First leader Winston Peters and former National Party official Grant McLachlan said that instead of respectfully incorporating wider public opinion, this inclusion was an ad hoc deference to a trendy but unrepresentative social media campaign. 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.[71]

See also[edit]

References[edit]

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External links[edit]

Wikimedia Commons has media related to New Zealand flag referendums, 2015–16.
National
Personal
Associated states, territories and territorial authorities
Ensigns
Other
Alternatives for the 2015–16 referendums
  • Red Peak by Aaron Dustin
  • Silver Fern by Alofi Kanter
  • Silver Fern (Black, White & Blue) by Kyle Lockwood
  • Koru by Andrew Fyfe
  • Silver Fern (Red, White & Blue) by Kyle Lockwood
See also New Zealand flag debate and New Zealand flag referendums, 2015–16
General elections
Local elections
Referendums
Parliament initiated
Citizens initiated
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