Electoral Referendum Act 2010

  • repealed
  • Electoral Referendum Act 2010: repealed, on 11 June 2012 (being on the close of the day that is 6 months after the date on which the result of the referendum was declared), by section 5(1).
76 Scope of review
  • (1) The matters that the Electoral Commission must review are—

    • Thresholds
    • (a) the requirement that a party must achieve at least 5% of the total number of party votes before it may be eligible to be allocated the number of list seats (if any) needed to ensure that the party's total number of seats reflects its proportion of the total party vote; and

    • (b) the alternative requirement that a candidate of a party must win an electorate seat before the party may be eligible to be allocated the number of list seats (if any) needed to ensure that the party's total number of seats reflects its proportion of the total party vote; and

    • Proportionality
    • (c) the ratio of electorate seats to list seats that results—

      • (i) from the effects of population change on the number of general electorate seats; or

      • (ii) if a party's constituency candidates have won more seats than the party would be entitled to as a result of the party vote; and

    • Dual candidacy
    • (d) the capacity of a person at a general election to be both a candidate for an electoral district and a candidate whose name is included in a party list in a general election, and the capacity of a member of Parliament who holds a list seat to be a candidate in a by-election; and

    • Order of candidates on party lists
    • (e) a party's ability to determine the order of candidates on its party list and the inability of voters to rank list candidates in order of preference; and

    • Other matters
    • (f) any other feature of the voting system referred to the Commission under section 5(d) of the 1993 Act.

    (2) In addition to the matters specified in subsection (1), the Electoral Commission may, in undertaking the review, consider other aspects of the mixed member proportional representation voting system.

    (3) Despite subsections (1)(f) and (2), the Electoral Commission must not review—

    • (a) Māori representation:

    • (b) the number of members of Parliament.