Electoral Referendum Act 2010

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Electoral Referendum Act 2010

Public Act2010 No 139
Date of assent20 December 2010
Commencementsee section 2


1 Title

2 Commencement

3 Application of Act to conduct outside New Zealand

Part 1
Preliminary provisions

4 Purpose of Act

5 Expiry

6 Interpretation

7 Act binds the Crown

Part 2
Provisions relating to referendum

Subpart 1Referendum on options for voting system

8 Referendum on day of general election

9 Application of Electoral Act 1993

Subpart 2Conduct of referendum

Officers and polling places

10 Manager, returning officer, polling place officials, and polling places

Eligibility to vote at referendum

11 Who may vote

Referendum voting paper

12 Issue of referendum voting paper

13 Method of voting

Subpart 3Counting of votes and declaration of results

Certain provisions of 1993 Act not to apply

14 Provisions of 1993 Act not to apply to count of referendum votes

Counting of early votes

15 Time at which preliminary count of early votes must begin

Procedure after close of poll

16 Referendum voting papers sent to returning officer before being counted

17 Returning officer to count referendum votes for district

18 Return of results of count to Electoral Commission

Determination and declaration of result of referendum

19 Determination of results by Electoral Commission

20 Declaration of official result of referendum

Subpart 4Petitions

21 Method of questioning referendum

22 Petition for inquiry

23 Respondents

24 Procedural matters

25 Jurisdiction of High Court

26 Fresh referendum

Subpart 5Offences and penalties

27 Application of provisions of Electoral Act 1993 in respect of referendum

28 Time limit for prosecutions

Part 3

Application of Part

29 Application of this Part

Interpretation provisions

30 Interpretation

31 Meaning of referendum advertisement

32 Meaning of referendum expenses

33 Meaning of publish

34 Meaning of regulated period

35 Electoral Commission to publish details of regulated period

General rules for referendum advertisements

36 Persons who may promote referendum advertisements

37 Maximum amount of registered promoter's total referendum expenses

38 Persons who may incur referendum expenses in relation to referendum advertisement

39 Apportionment of promoter's referendum expenses for publication of referendum advertisement both before and during the regulated period

40 Joint election and referendum advertisements

41 Obligation not to circumvent limitations imposed by this Part

42 Referendum advertisement to include promoter statement

Registered promoters

43 Promoters eligible to be registered

44 Application for registration

45 Grounds on which registration must be refused

46 Electoral Commission's decision on application

47 Obligation to notify Electoral Commission of change in contact details

48 Cancellation of registration

49 Expiry of registration

50 Establishment of register

51 Purposes of register

52 Form of register

53 Alterations to register

54 Register to be public

55 Search of register

56 When search constitutes interference with privacy of individual

Obligation of unregistered promoters to keep records

57 Obligation to keep records necessary to verify unregistered promoter's referendum expenses

Claims for referendum expenses of registered promoters

58 Periods for claiming and paying registered promoter's referendum expenses

59 Procedure if claim disputed

60 Leave to pay claim after time limitation

61 Invoice and receipt required for referendum expenses of $50 or more

Returns of referendum expenses

62 Return of registered promoter's referendum expenses

63 Obligation to keep records necessary to verify return of registered promoter's referendum expenses

64 Electoral Commission may require auditor's report on return of registered promoter's referendum expenses

65 Return of registered promoter's referendum expenses to be publicly available

Offences and penalties in relation to referendum advertising

66 Illegal practices

67 Offences relating to obligation to keep records

68 Offences relating to return of registered promoter's referendum expenses

69 Offence to pay referendum expenses in excess of maximum

70 Offence to incur unauthorised referendum expense

71 Punishment for corrupt or illegal practice


72 Time limit for prosecutions

73 Duty of Electoral Commission

Part 4
Review and miscellaneous provisions

Subpart 1Review of mixed member proportional representation voting system

74 Application of this subpart

75 Review

76 Scope of review

77 Process for review

78 Report and recommendations

Subpart 2Miscellaneous provisions

79 Validation of irregularities

80 Regulations

Amendment to Privacy Act 1993

81 Amendment to Privacy Act 1993

Amendment to Summary Proceedings Act 1957

82 Amendment to Summary Proceedings Act 1957

Schedule 1
Form for referendum voting paper

Schedule 2
Description of voting systems

Schedule 3
Form for petition

Legislative history

The Parliament of New Zealand enacts as follows: