1 Title
2 Commencement
3 Application of Act to conduct outside New Zealand
Part 1Preliminary provisions
4 Purpose of Act
5 Expiry
6 Interpretation
7 Act binds the Crown
Part 2Provisions relating to referendum
Subpart 1—Referendum on options for voting system
8 Referendum on day of general election
9 Application of Electoral Act 1993
Subpart 2—Conduct 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 3—Counting 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 4—Petitions
21 Method of questioning referendum
22 Petition for inquiry
23 Respondents
24 Procedural matters
25 Jurisdiction of High Court
26 Fresh referendum
Subpart 5—Offences and penalties
27 Application of provisions of Electoral Act 1993 in respect of referendum
28 Time limit for prosecutions
Part 3Advertising
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
Enforcement
72 Time limit for prosecutions
73 Duty of Electoral Commission
Part 4Review and miscellaneous provisions
Subpart 1—Review 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 2—Miscellaneous 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: