In this final episode of the Election 2026 podcast series, Solicitor Michael O’Brien is joined by Partner Briony Davies and Special Counsel Daniel Fielding to discuss what happens after New Zealanders cast their votes. Their discussion explores the constitutional, legal and political processes that take place between election day and the formation of a new government, including coalition negotiations, the role of the Governor-General, and what businesses and stakeholders should be watching during this period.
[01:36] Briony and Daniel explain what elections do from a legal and constitutional perspective, the distinction between Parliament and the executive government, and the political, legal and constitutional conventions that shape government formation.
[04:32] The conversation moves on to discuss what happens immediately after election day, including preliminary and official election results, the caretaker convention, the Governor-General’s role, and how confidence in the House ultimately determines who forms the next government.
[11:13] Michael then turns to coalition negotiations under MMP, covering how parties negotiate policy commitments, ministerial responsibilities and support arrangements, as well as the different structures governments can take, from formal coalitions to confidence and supply arrangements.
[16:18] Briony and Daniel examine how coalition and support agreements can provide valuable insight into a new government's priorities and discuss what stakeholders should look for when assessing likely policy direction.
[17:46] They next explore the role of the public service during coalition negotiations, including how negotiating parties can access information and analysis, and the safeguards in place to preserve political neutrality.
[20:41] The discussion turns to what happens once a government is formed, including the swearing-in of ministers, the Speech from the Throne and Briefings to Incoming Ministers, and why each provides important signals about the government's priorities and legislative agenda.
[24:30] Briony explains the reinstatement of parliamentary business and what it means for unfinished legislation, petitions and other matters before Parliament, highlighting why this process is particularly important for organisations with an interest in law reform.
Information in this podcast is correct as at the date of recording, 17 June 2026.
Please contact Briony Davies, Daniel Fielding, or a member of our Public Law team if you need legal advice or guidance on any of the topics discussed in this episode.
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