The leader of Opportunity says it's "perfectly acceptable" the party's rules allow just two board members the power to veto a future government negotiated by the caucus.
By Giles Dexter of RNZ
Having already made changes to those rules in August, leader Qiulae Wong told RNZ the party plans to fully review its constitution again next year.
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One member of Opportunity's board, Alan Wilderland, who is also one of the party's top donors having gifted more than $220,000 to the party, recently spelled out his views on future governing arrangements.
Wilderland told the New Zealand Herald working with the left might be easier but noted he was not an authority on what would happen in a negotiation.
"I have never spent any time in politics, inside of a party, and I don't know how complicated it is to get the left to agree to do things differently. So I could be completely wrong," he said.
He also said Opportunity's approach to working with the right would be to push the other parties to be more socially and environmentally responsible, and that he believed Opportunity and ACT could see eye-to-eye in terms of valuing markets and pragmatism.
Wilderland previously told RNZ in August that his voice did not carry more weight than others in the party.
Wong has maintained Opportunity's position is that it could work equally with Labour and National.
Asked about Wilderland's comments that it might be easier to work with the left, Wong said board members would have their own views.
"Ultimately, the decision-making and the thinking behind that, around what gets approved and not, is what's in the best interests of our membership. That is how our board members will be taking that decision, and I think that that is perfectly acceptable."
Seymour concerned
ACT leader David Seymour expressed concern, telling RNZ 25% of the board being able to veto a governing arrangement was an even stronger provision than giving 75% of the board the power to veto a caucus decision - the rule removed by Opportunity in August.
"The proposition is that if two of the seven board members don't like the decision of the elected people in the Opportunity Party, they can veto that deal and effectively choose that the whole country gets a different government," he said.
"The fact that one of those persons might be their only really significant donor is another thing, and yet another thing is that they promised that they were amending their constitution so their unelected board couldn't veto their caucus. They made one change, but they retained the ability to veto a coalition decision, which is probably more consequential than anything else."
Wong told RNZ the board was elected by the party members, and the board would make its decisions in the best interest of Opportunity's membership.
"I think it's important to remember that that is how they make those decisions. It's not unusual for parties to have a sign-off process of that agreement. They're not involved in the coalition negotiations, we have our own caucus team, and so I think that is acceptable," she said.
According to the most recent RNZ-Reid Research and 1News-Verian polls, Opportunity is in the kingmaker position, with neither the left nor right bloc able to get over the line without Opportunity's support.
The party has expressed a willingness to work with the left or right, despite National leader Christopher Luxon and New Zealand First leader Winston Peters ruling out any arrangement with Opportunity.
What is in other parties' rules?
Opportunity leader Qiulae Wong discussed the fallout from "disgusting" comments made by Michael Laws regarding Kayla Kingdon-Bibb. (Source: Breakfast)
National's constitution states the board has responsibility for participating in coalition negotiations along with the parliamentary section of the party, "and, with the Leader, approving any coalition agreement".
For Labour, the final coalition or confidence of supply agreements must be presented to the New Zealand Council and Policy Council "as soon as practicable following the announcements of the formation of a new Government" - meaning the negotiation team has the power to form a government without final sign-off.
The kaunihera (council) of the Green Party calls a "Specially Convened Meeting" to consider any agreement with one or more other political parties regarding the formation of a government. A 16-member 'Tatau Pounamu' has responsibility for overseeing negotiations, with any agreement that includes confidence and supply votes then referred to the SCM.
New Zealand First's board signs off on agreements, but there is no specific requirement in its constitution.
Meanwhile, ACT's constitution ensures the party leader is not entitled to "enter into coalition with any other political party or grouping, whether on a temporary or permanent basis, without first consulting the Board".
Seymour said this was a "completely incomparable" situation to Opportunity's, because the rules don't say "a minority of the unelected board can overrule our elected people that were actually voted for, and effectively choose the government".
Unlike Luxon and Peters, Seymour has been more open to working with Opportunity, if it meant keeping Labour and the Greens out of government.
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