New Zealand Legislation: Acts

86 New sections 22 to 22AB substituted

• The principal Act is amended by repealing section 22, and substituting the following sections:

  “22 Date of, or voting period for, indicative referendum

  • “(1) This section applies when a petition that has been certified correct under section 18(1)(a) is presented to the House of Representatives under section 21.

    “(2) Within 1 month after the date on which the indicative referendum petition is presented to the House of Representatives, the Governor-General must either—

    • “(a) make an Order in Council appointing, in accordance with section 22AA, the date on which the indicative referendum is to be held under this Act; or

    • “(b) make an Order in Council under section 5(b) of the Referenda (Postal Voting) Act 2000 specifying the indicative referendum as a referendum that must be conducted by postal voting.

  “22AA Date of indicative referendum not conducted by postal voting

  • “(1) The date appointed under section 22(2)(a) for holding the indicative referendum under this Act must be a date within 12 months after the date on which the indicative referendum petition is presented to the House of Representatives.

    “(2) However, subsection (1) does not apply in the circumstances described in subsection (3) or subsection (5).

    “(3) The circumstances referred to in subsection (2) are that—

    • “(a) the House of Representatives passes a resolution deferring the holding of the indicative referendum; and

    • “(b) the resolution is passed within 3 months after the date on which the petition is presented to the House of Representatives; and

    • “(c) the resolution is passed by a majority of 75% of all the members; and

    • “(d) the House of Representatives fixes a date for the holding of the indicative referendum, and the date is not earlier than 12 months, and not later than 24 months, after the date on which the indicative referendum petition is presented to the House of Representatives.

    “(4) In the circumstances described in subsection (3), the date on which the indicative referendum is held is the date fixed by the House of Representatives.

    “(5) The circumstances referred to in subsection (2) are that—

    • “(a) a general election must be held on a date that is within 12 months after the date on which the indicative referendum petition is presented to the House of Representatives (because of section 17 of the Constitution Act 1986); and

    • “(b) the House of Representatives passes a resolution requiring the indicative referendum to be held on the polling day for the general election.

    “(6) In the circumstances described in subsection (5), the indicative referendum is held on polling day.

    “(7) If a writ for a general election is issued under section 126 of the Electoral Act 1993 after an Order in Council has been made under section 22(2)(a), the Governor-General may, by Order in Council, revoke the former Order in Council and appoint the polling day for the general election as the day on which the indicative referendum is to be held.

  “22AB Date of indicative referendum conducted by postal voting

  • “(1) This section applies when the Governor-General makes an Order in Council in accordance with section 22(2)(b) specifying that the indicative referendum be conducted by postal voting.

    “(2) The Friday appointed by the Governor-General under section 30(2) of the Referenda (Postal Voting) Act 2000 must be within 12 months after the date on which the indicative referendum petition is presented to the House of Representatives.

    “(3) However, subsection (2) does not apply in the circumstances described in subsection (4) or subsection (6).

    “(4) The circumstances are that—

    • “(a) the House of Representatives passes a resolution deferring the holding of the indicative referendum; and

    • “(b) the resolution is passed within 3 months after the date on which the petition is presented to the House of Representatives; and

    • “(c) the resolution is passed by a majority of 75% of all the members; and

    • “(d) the House of Representatives fixes a date for the closing of the voting period, and the date is not earlier than 12 months, and not later than 24 months, after the date on which the indicative referendum petition is presented to the House of Representatives.

    “(5) In the circumstances described in subsection (4),—

    • “(a) the Governor-General does not appoint a Friday under section 30(2) of the Referenda (Postal Voting) Act 2000; and

    • “(b) the date on which the voting period closes is the date fixed by the House of Representatives.

    “(6) The circumstances referred to in subsection (3) are that—

    • “(a) a general election must be held on a date that is within 12 months after the date on which the indicative referendum petition is presented to the House of Representatives (because of section 17 of the Constitution Act 1986); and

    • “(b) the House of Representatives passes a resolution requiring the voting period to close on the polling day for the general election.

    “(7) In the circumstances described in subsection (6), the date on which the voting period closes is polling day.

    “(8) If a writ for a general election is issued under section 126 of the Electoral Act 1993 after an Order in Council has been made in accordance with section 22(2)(b), the Governor-General may, by Order in Council, revoke the former Order in Council and appoint the polling day for the general election as the day on which the voting period closes.”