By a narrow margin, the cannabis legalisation and control bill has been voted down based on preliminary referendum results. There remains, however, a slim chance it could still win on special votes. 

On preliminary results, the cannabis legalisation and control bill will not become law, after falling short at the referendum.

The Electoral Commision announced 46.1% of voters were in favour of the bill, while 53.1% of voters were against it. In raw vote totals, 1,114,485 people voted in favour, while 1,281,818 people voted against. That is a difference of 167,333.

Today’s results do not include a tally of almost 500,000 special votes, cast by a combination of people voting outside their electorate, New Zealanders overseas, and those who enrolled during the formal election campaign. 

Generally special votes lean left, which correlates with higher support for legalisation. However, those special votes would need to break in favour of cannabis legalisation by a margin of more than 2-1. 

The referendum took place as a result of a commitment in the confidence and supply agreement signed between Labour and the Greens in 2017. 

The Cannabis Legalisation and Control bill was introduced to parliament in the name of justice minister Andrew Little, and it has been heavily supported over the term by Green MP Chlöe Swarbrick. 

Swarbrick wasn’t throwing in the towel. “Today’s result shows what we had long assumed, that it was going to be really close and that we need to wait for the specials to be sure of the result,” she said.

“We have said from the outset that this would always come down to voter turnout. We’ve had record numbers of special votes, so I remain optimistic … Many who have traditionally felt disenfranchised by the political system may have their voices heard at the specials. We’ll wait to see how that plays out next week”.

Speaking at a press conference after the results, Say Nope to Dope spokesperson Aaron Ironside said the result was a win for common sense, and for less usage among young people.

“This is the right result. We don’t expect young people to applaud us for it, but we know we’ve done the right thing by them. We’ve used our freedom to protect them today.”

The referendum was specifically around legalising recreational cannabis. However many advocates for medicinal cannabis argued that a yes vote would have opened access to medicinal users, given current barriers to treatment. 

The Cannabis Legalisation and Control bill has no effect on the legal status of drugged driving, which is illegal. Roadside drug testing is expected to be rolled out in 2021. Opponents of legalisation argued that it would lead to an increase in accidents caused by stoned drivers. 

The bill has not yet gone through the select committee process of parliament, meaning that it would not have come into effect immediately, and provided opportunities for MPs to make changes. 

Both Labour and the Greens have committed to passing the legislation through parliament this term, contingent on the non-binding referendum passing. In a release, justice minister Andrew Little today said “the incoming government will respect the result of both referendums”, and if it does not pass the legislation will not be introduced. 

Under the existing legislation, a purchase limit of 14 grams per day would have applied. Cannabis could only be sold from licensed premises. Individual growers would be permitted to grow up to two plants, with a maximum of four per household.

The legislation would not allow consumption of cannabis in public, outside of licensed premises. Consumption at private households would be permitted.

Packaging requirements would apply, similar to plain packaging legislation for tobacco. Advertising and sponsorship by cannabis companies would be banned.

The campaign was also marked by claim and counter-claim by both sides about their opponents using misinformation to advance their cause. 

Polling over the course of the year has been volatile, but the One News Colmar Brunton poll generally showed legalisation losing. Other surveys ahead of the election, conducted by UMR, Horizon and Research NZ, showed legalisation winning by a narrow margin.

Many MPs declined to say how they were planning on voting, including PM Jacinda Ardern. The entire National caucus declared they would vote against legalisation.

The referendum on the End of Life Choice Act was passed by a large majority, 65.2% to 33.8%.

The End of Life Choice Act will be enforced in 12 months’ time, with 65.2% voting yes in the referendum.

Assisted dying will be legal in 12 months’ time, according to the preliminary results of the End of Life Choice referendum, which showed 65.2% voted yes and 33.8% no.

The yes votes numbered 1,574,645 and the no votes 815,829, with 25,073 “informal votes”, meaning the voter did not clearly indicate the option for which they wished to vote.

Pending the final results, which will include an estimated 480,000 special votes and be released next Friday, the End of Life Choice Act 2019 will come into force 12 months from that date – on November 6, 2021. 

The act will give people with a terminal illness the option of requesting assisted dying, which is defined as a medical professional giving medication that will relieve suffering by bringing on death. There will be strict criteria as to who will be able to request it, including that the person must be 18 or older, be a citizen or permanent resident, suffer from a terminal illness that is likely to end their life within six months, have significant and ongoing decline in physical capability, experience unbearable suffering that cannot be eased, and be able to make an informed decision about assisted dying.

Additionally, a person will not be able to choose assisted dying if their reason for the choice is mental illness, nor if their reason is because of a disability, nor if their reason is simply that they’re old. 

The End of Life Choice bill was largely driven by Act MP David Seymour, who has advocated for this law since the 2014-17 term of parliament. Seymour thanked MPs for supporting the End of Life Choice Bill through parliament, reports the Herald, as well as thanking Dame Jenny Gibbs for “giving me the courage as a young MP to pursue this cause”, Brooke van Velden for her work in rallying support in parliament for the bill, and National MP Chris Bishop.

He said New Zealand would be “a kinder, more compassionate, more humane society – what a great day to be a Kiwi”.

Over the last term of parliament, MPs in select committees and the full chamber of parliament worked on this bill, and eventually got it to a point where a majority was comfortable with it passing – providing it also went to a referendum. This clause was brought in as a Supplementary Order Paper by NZ First MP Jenny Marcroft, in exchange for her party’s support for it to proceed. Without that, it may have failed to pass through parliament. 

In general terms, MPs did not vote for or against the End of Life Choice Act along party lines. Instead, it was treated as a conscience issue – in other words, MPs had to decide for themselves whether they supported or opposed it. At the third and final reading of the bill, the margin in favour was 69-51. 

Today’s results had been predicted by various polls over the past few months. A post-election poll released this week, commissioned by the Act Party and carried out by Curia Market Research, 61% of respondents said they voted yes. Two 1 News Colmar Brunton polls in September and October showed support for the bill at 64% and 61% respectively, and in July, a Research NZ poll found 64% of respondents were in favour, with 18% not in favour. The remaining voters were undecided.

A group opposed to the End of Life Choice Act says the law is flawed, and today’s results are based on widespread confusion. “It’s disappointing that the New Zealand public were generally uninformed about the details of the End of Life Choice Act,” said Renée Joubert, executive officer of Euthanasia-Free NZ, in a statement.

The Salvation Army has also expressed its concerns over the bill. “We believe many New Zealanders are unaware of the lack of safeguards contained within the End of Life Choice Act and that vulnerable people, such as the elderly and those struggling with mental illness, will be especially at risk from this law,” it said in a statement.

“It is imperative that medical professionals receive thorough training in palliative care. It is essential that support is given to our medical professionals around the implications of the End of Life Choice Act.

“It is also imperative that the government gives urgent attention to closing the loopholes in this Act that increases vulnerability for many New Zealanders.”

In a statement, Dr Jessica Young, executive director of Yes for Compassion, a group that campaigned for the yes vote, said, “We’re delighted New Zealand came together and voted for choice for their loved ones and for themselves.”

“Our nation is admired worldwide as a liberal democracy and the first to give women the vote in 1893. Today’s historic victory continues that tradition, providing the choice of an assisted death to terminally ill Kiwis who want and need it – saving a great deal of unnecessary suffering for individuals and their loved ones.”

A spokesperson for the prime minister, Jacinda Ardern, confirmed she voted yes in both referendums and will progress any legislation in line with the will of the people following the release of the final results next week. Ardern had earlier indicated she would vote yes in the assisted dying referendum, but would not reveal which way she would go in the cannabis one. Opposition leader Judith Collins also supported the End of Life Choice Act.

The Cannabis Legalisation and Control bill, meanwhile, has been voted down based on preliminary referendum results. There remains, however, a slim chance it could still win on special votes.

Read more about the End of Life Choice referendum here, and read the act in full here.