Israel-Hamas war: Post-election convention sees Government lose voice on Middle East conflict

The outgoing and incoming Governments are keeping tight-lipped about the deteriorating situation in the Middle East, blaming the caretaker convention, which applies when an outgoing administration is preparing to make way for an incoming one.

Both National, the incoming Government, and Labour, the caretaker Government, have blamed the government formation process for their lack of comment on the conflict - much to the ire of some in the field who say New Zealand’s response is missing.

It comes as the international community has worked to ensure humanitarian aid is able to enter the Gaza Strip across its border with Egypt and US President Joe Biden has cautioned Israel not to be “consumed” by rage in response to the October 7 attacks by Hamas targeting Israeli civilians, in which the group killed at least 1400 and took what’s estimated to be more than 200 people hostage.

The New York Times has reported 2800 Palestinians have been killed in the conflict since then. The ensuing conflict shows little sign of abating, with a ground invasion of Gaza seemingly imminent.

“I caution this: while you feel that rage, don’t be consumed by it,” Biden said when visiting Israel this week. Referencing the US’s involvement in two decades of conflict after the September 11 terror attacks, Biden said: “After 9/11, we were enraged in the United States. When we sought justice and got justice, we also made mistakes.”

British Foreign Secretary James Cleverly also said Israel must show “discipline, professionalism and restraint” in its actions against Hamas.

National’s foreign affairs spokesman Gerry Brownlee told the Herald on Sunday the caretaker Government “continues to take the lead on New Zealand’s response to the situation in Israel and Gaza. However, they are keeping us closely involved throughout this transition period”.

In response to questions regarding whether he would support international calls for Israel to show restraint, Brownlee said, “We support Israel’s right to defend itself in full compliance with international law.”

“Civilian lives must be protected, including through releasing those held hostage. The delivery of humanitarian assistance is the most urgent of priorities,” he said.

Foreign Minister Nanaia Mahuta told the Herald that the current Government was in caretaker mode, meaning all matters were transacted with the incoming Government.

Otago University professor of politics and international relations Robert Patman told the Herald earlier this week people around the world would be watching for New Zealand’s response.

“I’ve been very concerned by the fact that Chris Luxon and Chris Hipkins haven’t got together, given what they both described as a bipartisan approach to foreign policy, and issued a joint statement,” he said.

The current Government is operating according to the caretaker convention, which means that it continues to run the executive, ahead of the new Government being formed and sworn in.

However, it is constrained in what it can do. It has to operate in accordance with the wishes of the incoming Government, and cannot make policy decisions independently of it. Decisions like the one made earlier this week, to send $5 million in aid to Israel, Gaza and the West Bank, were in consultation with National.

Wellington barrister and expert in electoral law Graeme Edgeler told the Herald it was understandable that both the caretaker and incoming Governments were not commenting on the issue, given the constraints of the caretaker convention.

“The Government shouldn’t be making policy decisions or policy announcements without getting the agreement of the incoming Government,” Edgeler said.

Edgeler added that while the incoming Government could make statements on the conflict, they might be reluctant to because they “probably have slightly less access to advisers than they might normally”.

The incoming Government should have access to briefings from the public service, but it would likely be slower and more complicated than it would be if it were actually in office. Its staff will not have current security clearance, for instance.

“The Government should be making advisers available, but whether it works quite as smoothly as it would if they were the actual Government, that’s a factor which would potentially explain why the National Party or the incoming Government might wish to avoid commenting, because they just might not have the information that a government has,” he said.

He said the likelihood of New Zealanders being caught up in the conflict meant advice from the public service would be important before making a public statement.

Complicating things further is that the “unclear outcome” caretaker convention currently applies. This operates when it is not clear what the next government will be and means the caretaker government has to make decisions backed by 50 per cent of incoming MPs in the next Parliament - in practice, that means decisions backed by Labour and National together, or National and Act and NZ First.

Thomas Coughlan is Deputy Political Editor and covers politics from Parliament. He has worked for the Herald since 2021 and has worked in the press gallery since 2018.