Electoral (Administration) Amendment Act 2011

Public Act
 
2011 No 57
Date of assent
 
16 August 2011
Commencement
 
see section 2
2 Commencement

(1)

The following come into force on 1 July 2012:

(a)

subpart 2 of Part 1:

(b)

subpart 2 of Part 2.

(2)

The rest of this Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act amended

This Act amends the Electoral Act 1993.

Part 2 Consequential amendments and transitional provisions

Subpart 1—Provisions coming into force on day after assent

Transitional provisions relating to abolition of Chief Registrar of Electors

39 Office of Chief Registrar of Electors abolished

At the close of 30 June 2012,—

(a)

the office of Chief Registrar of Electors under section 21(1) of the principal Act is abolished and ceases to be held by the incumbent; and

(b)

the office of Deputy Chief Registrar of Electors under section 21(3) of the principal Act is abolished and ceases to be held by any person appointed to it; and

(c)

all delegations (if any) under section 21(4) to (9) of the principal Act cease to have effect.

40 No compensation for loss of office

No person is entitled to compensation or any other payment or benefit in respect of—

(a)

a person ceasing under section 39(a) or (b) to hold office as the Chief, or Deputy Chief, Registrar of Electors; or

(b)

a delegation ceasing under section 39(c) to have effect.

Compare: 2007 No 25 Schedule 1 cl 9

41 Crown-owned assets (other than intellectual property) and records that Chief Registrar controls or possesses

(1)

The Secretary for Justice must identify all assets and records that, at the close of 30 June 2012, are Crown-owned assets or records controlled or possessed by or on behalf of the Chief Registrar of Electors.

(2)

Assets and records identified under subsection (1) (other than intellectual property) must be treated as having been vested in the Electoral Commission on 1 July 2012.

42 Liabilities for expenses after 30 June 2012

(1)

The Secretary for Justice must identify—

(a)

the expenses (incurred after 30 June 2012 arising from commitments before 18 August 2009) to be paid under section 44; and

(b)

the expenses (incurred after 30 June 2012 arising from commitments after 17 August 2009 and before 1 July 2012) to be paid under section 45.

(2)

Liabilities in respect of expenses identified under subsection (1)(a) must be treated as having been vested in the Electoral Commission on 1 July 2012.

(3)

Liabilities in respect of expenses identified under subsection (1)(b) must be treated as having been vested on 1 July 2012 in—

(a)

the Crown, if the Minister of Finance under section 45 approves them being paid by the Crown; or

(b)

the Electoral Commission, if the Minister of Finance under section 45 approves them being paid by the Electoral Commission.

43 Expenses before 1 July 2012 (whether from commitments before, on, or after 17 August 2009)

Expenses incurred before 1 July 2012 by New Zealand Post Limited in the administration of Part 5 of the principal Act (regardless of whether those expenses arise from commitments New Zealand Post Limited entered into before, on, or after 17 August 2009) must, despite the repeal (by section 32 of this Act) of section 23 of the principal Act, be paid out of public money appropriated by Parliament.

44 Expenses after 30 June 2012 from commitments before 18 August 2009

Expenses incurred after 30 June 2012 by New Zealand Post Limited in the administration of Part 5 of the principal Act and arising from commitments New Zealand Post Limited entered into before 18 August 2009 must be paid by the Electoral Commission out of public money appropriated by Parliament.

45 Expenses after 30 June 2012 from commitments after 17 August 2009 and before 1 July 2012

Expenses incurred after 30 June 2012 by New Zealand Post Limited in the administration of Part 5 of the principal Act and arising from commitments New Zealand Post Limited entered into after 17 August 2009 and before 1 July 2012 may, with the approval of the Minister of Finance, be paid by the Crown or by the Electoral Commission (in either case) out of public money appropriated by Parliament.

46 Matters incomplete on 1 July 2012

A matter or thing commenced under any enactment by the Chief Registrar of Electors and not completed before 1 July 2012 may be completed by the Electoral Commission.

Compare: 1999 No 85 s 18

47 Proceedings incomplete on 1 July 2012

Proceedings relating to an existing right, interest, title, immunity, or duty, commenced by or against (or commenced by or against the Crown in respect of an act or omission of) the Chief Registrar of Electors, and not completed before 1 July 2012 may be completed by the Electoral Commission.

Compare: 1999 No 85 ss 17, 18

48 Transitional or savings regulations

(1)

The Governor-General may, by Order in Council, make regulations providing for any transitional or savings matters concerning the coming into force of all or any of the provisions of this Act.

(2)

Regulations under this section must not be inconsistent with this Act.

(3)

Regulations under this section are a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Compare: 2004 No 115 s 199

Section 48(3): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).