David Seymour says the special votes may well deliver Act and National a majority.

Election night delivered the two parties a slender majority of 61 – the amount needed to form a government – but many seats, such as Nelson, Te Atatu and Mt Albert, remain too close to call.

That, alongside whatever way the party vote swings, means they could lose some seats, meaning they may need the support of NZ First to support the government.

Seymour, ACT leader, told Mike Hosking that he and National leader and incoming Prime Minister Christopher Luxon had agreed to not conduct coalition negotiations publicly.

“What’s clear is that it is going to be a process driven by the special votes that may well deliver us a majority.”

“But there’s also a possibility that there’s going to be a third person in this marriage – as Diana once said – and we’re going to have to work through how we create a three-way deal,” he said.

Seymour said he agreed with Luxon that their preference was to govern in a two-party arrangement.

“What the non-negotiable is, is we’re going to have a stable government that is going to be focused on policy reform. New Zealanders voted for change, record numbers voted for Act what we describe is real change and our loyalty is to those people who deserve to get that change that they asked for.”

Asked about whether he was frustrated the special votes, which come out in early November, took so long, Seymour said “yes and no. I mean everyone wants everything all at once”.

“The truth is we are very lucky to live in a democracy. We have to respect every vote.”

“About 567,000 people’s votes haven’t been counted yet and their vote counts too – so we wait. That’s the rules.”

Act campaigned on proposing that the government pass legislation defining the principles of the Treaty of Waitangi, in particular their effect on democratic institutions.

Green Party co-leader James Shaw made comments over the weekend that it could lead to violence and wide scale social disruption.

Seymour told Mike Hosking he was “really disappointed” with those comments, saying Shaw usually equips himself well.

“People text in and say nice guy pity about the rest of the Greens.”

His comments were absolutely “despicable”, and more about the fringe politicians not getting what they want.

“I’m astonished to hear it from James Shaw. Even the suggestion that somehow, it’s okay to have violence instead of rationale debate, which we need on our treaty, I’m really surprised that’s come from him.”