Referendums Framework Bill

Hon Andrew Little

Referendums Framework Bill

Government Bill

161—1

Contents

Explanatory note
1Title
2Commencement
3Repeal
4Purpose
5Interpretation
6Transitional, savings, and related provisions
7Act binds the Crown
8Declaration of referendum by Order in Council
9When referendum to take place
10Application of Electoral Act 1993
11Voting system
12Manager, returning officer, polling place, officials, and use of polling places
13Who may vote at referendum
14All referendums may be in single voting paper
15Referendum with more than 1 question
16Form of referendum voting paper
17Issue of referendum voting paper
18Method of voting
19Provisions of 1993 Act not to apply to count of referendum votes
20Procedures before manager of polling place starts preliminary count of votes in general election
21Referendum voting papers sent to returning officer before being counted
22Procedure before returning officer starts preliminary count of early votes in general election
23Counting of referendum votes
24Return of results of count to Electoral Commission
25Determination of results by Electoral Commission
26Declaration of official result of referendum
27Method of questioning referendum
28Petition for inquiry
29Respondents
30Procedural matters
31Jurisdiction of High Court
32Fresh referendum
33Application of provisions of Electoral Act 1993 in respect of referendum
34Time limits for commencing prosecutions
35Validation of irregularities
36Application of this Part to conduct inside or outside New Zealand
37Application of section 3C of Parliamentary Service Act 2000
38Interpretation
39Meaning of referendum advertisement
40Meaning of referendum expenses
41Meaning of publish
42Meaning of regulated period
43Electoral Commission to publish details of regulated period
44Persons who may promote referendum advertisements
45Maximum amount of registered promoter’s total referendum expenses
46Persons who may incur referendum expenses in relation to referendum advertisement
47Apportionment of referendum expenses for publication of referendum advertisement both before and during regulated period
48Counting of expenses in relation to separate advertisements
49Counting of expenses in relation to joint advertisements
50Counting of expenses in relation to jointly promoted referendum advertisements
51Promoters to keep records to verify referendum expenses
52Referendum advertisement to include promoter statement
53Promoter statement in joint election and referendum advertisement to comply with all content requirements
54Promoters eligible for registration
55Application for registration
56Grounds on which registration must be refused
57Electoral Commission’s decision on application
58Obligation to notify Electoral Commission of change in contact details
59Cancellation of registration
60Expiry of registration
61Register to be established
62Purposes of register
63Form of register
64Alterations to register
65Register to be public
66Search of register
67When search constitutes interference with privacy of individual
68Periods for claiming and paying registered promoter’s referendum expenses
69Procedure if claim disputed
70Leave to pay claim after time limitation
71Invoice and receipt required for referendum expenses of $50 or more
72Return of registered promoter’s referendum expenses
73Electoral Commission may require auditor’s report on return of registered promoter’s referendum expenses
74Return of registered promoter’s referendum expenses to be publicly available
75Illegal practices
76Illegal practice to avoid limit set out in section 44(b)
77Offence to incur unauthorised referendum expense
78Offence to pay referendum expenses in excess of maximum
79Offence relating to unregistered promoter’s obligation to keep records
80Offence relating to registered promoter’s obligation to keep records
81Offences relating to return of registered promoter’s referendum expenses
82Punishment for corrupt or illegal practice
83Time limit for commencing prosecutions under Part
84Duty of Electoral Commission
85Regulations

The Parliament of New Zealand enacts as follows: