Citizens Initiated Referenda Act 1993

Reprint as at 25 March 2014

Citizens Initiated Referenda Act 1993

Public Act1993 No 101
Date of assent28 September 1993
Commencementsee section 1(2)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.


Contents

Title

1 Short Title and commencement

2 Interpretation

Part 1
Indicative referendum petition

3 Indicative referendum petition

4 Prohibitions

5 Contents of indicative referendum petition

6 Proposal to promote indicative referendum petition

7 Gazetting of notice of proposal for indicative referendum petition

8 Comments on wording

9 Consultation on wording of precise question

10 Criteria

11 Determination of precise question

12 Approval of form

13 Notification of determination and approval

14 Promotion of indicative referendum petition

15 Requirements in relation to indicative referendum petition

16 Duties of Clerk of House of Representatives on receipt of indicative referendum petition

17 Duties of promoter in relation to defects in indicative referendum petition [Repealed]

18 Certification of indicative referendum petition

19 Procedure in relation to certification

20 Power to resubmit rejected indicative referendum petition

21 Duty of Speaker to present indicative referendum petition to House

22 Date of, or voting period for, indicative referendum

22AA Date of indicative referendum not conducted by postal voting

22AB Date of indicative referendum conducted by postal voting

22A Withdrawal of indicative referendum petition

23 Delegation of functions of Clerk of the House of Representatives

Part 2
Indicative referendum

24 Application of Electoral Act 1993 to indicative referendum not conducted by postal voting

24A Application of Electoral Act 1993 to indicative referendum conducted by postal voting

24B Application of this Act to indicative referendum conducted by postal voting

25 Governor-General's warrant for issue of writ: indicative referendum not conducted by postal voting [Repealed]

25A Governor-General's warrant for issue of writ: indicative referendum conducted by postal voting [Repealed]

26 Writ for indicative referendum not conducted by postal voting

26A Writ for indicative referendum conducted by postal voting

26B Notice of issue of writ

26C Notice of issue of writ for indicative referendum conducted by postal voting [Repealed]

27 Electoral rolls

28 Voting paper

29 Nomination of scrutineers by electors in favour of one answer

30 Nomination of scrutineers by electors in favour of the other answer

31 Form of nomination paper

32 Nomination paper to be lodged with Returning Officer

33 Selection of fit persons to appoint scrutineers

34 Selection to be in writing

35 Appointments of scrutineers to be in writing

36 Powers and rights of scrutineers

37 Remuneration of scrutineers not to be paid out of public money

38 Application to District Court Judge for recount

39 Endorsement and return of writ

40 Declaration of result

40AA Declaration of result of indicative referendum conducted by postal voting

40A Infringement of secrecy

40B Infringement of secrecy constitutes corrupt practice

Part 3
Publicity

41 Publicity for indicative referendum

42 Limits on expenditure

43 Returns in relation to advertisements

44 Duty of Electoral Commission

45 Return to be open for public inspection

46 Transmission of copy of return to Chief Electoral Officer [Repealed]

Part 4
Application for inquiry into conduct of indicative referendum

47 Sections of Electoral Act 1993 applied

Applicants

48 Who may be applicants

Respondents

49 Who may be respondents

50 Who may be respondents

Making of application

51 Application form

51A Application to be filed in High Court

51B Time for making application

51C Application to be sent to Returning Officer

51D Application to be served on respondents

51E Matters to be inquired into at hearing

Court's decision

51F Decision of court as to result of indicative referendum

51G Fresh indicative referendum

Part 5
Offences

52 Interfering with or influencing voters

53 Power to remove statements, names, emblems, slogans, or logos

53A Bribery of promoter

53B Undue influence of promoter

54 Offences

Part 6
Miscellaneous provisions

55 Two or more referenda

56 Appropriation

57 Application of Ombudsmen Act 1975 and Official Information Act 1982

58 Regulations

58A Rules of court

59 Right to petition House of Representatives unaffected

Schedule
Forms

Reprint notes


An Act to provide for the holding, on specific questions, of citizens initiated referenda, the results of which referenda will indicate the views held by the people of New Zealand on specific questions but will not be binding on the New Zealand Government