Term Poll Act 1990
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Term Poll Act 1990
Public Act |
1990 No 3 |
|
Date of assent |
9 March 1990 |
|
Contents
An Act to provide for the holding, in conjunction with the 1990 general election, of a poll to decide whether the term of Parliament should be increased from 3 years to 4 years
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title, commencement, and expiry
(1)
This Act may be cited as the Term Poll Act 1990.
(2)
This Act shall come into force on the 10th day of March 1990.
(3)
This Act shall expire with the close of the 31st day of March 1991, and on the close of that day shall be deemed to be repealed.
2 Special poll of electors as to term of Parliament
(1)
On the day appointed in 1990 for the taking of the poll (in this Act called the electoral poll) of the electors of each electoral district for the return of a member of Parliament for the district, a poll (in this Act called the term poll) of the electors of each such district shall also be taken on the proposal that section 17(1) of the Constitution Act 1986 be amended by changing the term of Parliament.
(2)
The proposal shall be submitted in the voting paper in form 1 in the Schedule to this Act.
(3)
The term poll shall be taken in every electoral district, notwithstanding that in any such district no electoral poll may be required to be taken.
(4)
Subject to the provisions of this Act and of any regulations made under this Act, the following provisions shall apply to the term poll:
(a)
The provisions of the Electoral Act 1956 and of any regulations made under that Act shall, as far as they are applicable and with the necessary modifications, apply as if the term poll were the electoral poll, and the term poll shall be taken in the manner prescribed by that Act for the taking of the electoral poll:
(b)
The electoral rolls for the time being in force under that Act shall be deemed to be the rolls of electors for the purposes of the poll.
Compare: 1908, No. 104, s. 12; 1967, No. 10, ss. 2, 3
3 Provisions subject to which term poll to be taken
The term poll shall be taken as follows:
(a)
The Returning Officer of the electoral district shall be the Returning Officer and the Deputy Returning Officers appointed by the Returning Officer for the taking of the electoral poll shall be the Deputy Returning Officers for the taking of the term poll:
(b)
The Returning Officer shall take the term poll in the manner provided for taking the electoral poll, and shall provide voting papers and all things necessary for taking the term poll:
(c)
The poll clerks, interpreters, and ushers appointed for the taking of the electoral poll shall by virtue of being so appointed, be, in addition, poll clerks, interpreters, and ushers for the taking of the term poll:
(d)
The polling booths in each electoral district for the taking of the term poll shall be the same as those used at the taking of the electoral poll:
(e)
The voting paper for the term poll shall be issued in the same manner as the ballot paper for the electoral poll, and the voting paper and the ballot paper shall be given simultaneously to the elector:
(f)
The voter shall vote by marking the voting paper with a tick within the circle immediately after the proposal for which the voter wishes to vote.
Compare: 1908, No. 104, s. 14(1)(a)–(k)
4 Appropriation
All expenses incidental to the taking of the term poll shall be paid out of money appropriated by Parliament for the purpose.
Compare: 1908, No. 104, s. 14(1)(n)
5 Nomination of scrutineers by electors in favour of proposal
Any 10 or more electors who are in favour of the proposal that the term of Parliament be changed may, by nomination paper under their hands, nominate any 2 specified persons to appoint one scrutineer to act at each polling booth in the district in the interest of all electors who are in favour of that proposal.
Compare: 1908, No. 104, s. 15
6 Nomination of scrutineers by electors not in favour of proposal
Any 10 or more electors who are not in favour of the proposal that the term of Parliament be changed may, in like manner, nominate any 2 specified persons to appoint one scrutineer to act at each such polling booth in the interest of all electors who are not in favour of that proposal.
Compare: 1908, No. 104, s. 16
7 Form of nomination paper
The nomination paper shall be in form 2 in the Schedule to this Act.
Compare: 1908, No. 104, s. 17
8 Nomination paper to be lodged with Returning Officer
The nomination paper shall be lodged with the Returning Officer of the electoral district not later than the twelfth day before polling day, and shall be open to public inspection.
Compare: 1908, No. 104, s. 18
9 Returning Officer to select fit persons to appoint scrutineers
On a day to be publicly notified by the Returning Officer of the electoral district, being not earlier than the tenth nor later than the fifth day before polling day, the Returning Officer shall publicly consider all the nomination papers duly lodged, and, after hearing all objections, select 2 fit persons to appoint one scrutineer, and 2 fit persons to appoint the other scrutineer, to act at each polling booth in the respective interests as aforesaid; and the persons so selected may appoint accordingly.
Compare: 1908, No. 104, s. 19
10 Selection to be in writing
The selection shall be by writing under the hand of the Returning Officer and shall be in form 3 in the Schedule to this Act.
Compare: 1908, No. 104, s. 20
11 Appointments of scrutineers to be in writing
The appointment shall in each case be by writing under the hands of the persons selected, and shall be in form 4 in the Schedule to this Act.
Compare: 1908, No. 104, s. 21
12 Powers and rights of scrutineers
Every scrutineer so appointed shall, for the purposes of the term poll, have all the powers and rights of a scrutineer under the Electoral Act 1956, and shall make a declaration in form 1 in the First Schedule to the Electoral Act 1956 (which form shall be used with all necessary modifications).
Compare: 1908, No. 104, s. 22
13 Remuneration of scrutineers not expenses of poll
The remuneration (if any) of the scrutineers shall not be expenses incidental to the taking of the term poll.
Compare: 1908, No. 104, s. 23
14 Application to District Court Judge for recount
If the result of any term poll is disputed on the ground that the public declaration by the Returning Officer in accordance with section 116(1) of the Electoral Act 1956 (as applied by this Act) was incorrect, the following provisions shall apply:
(a)
Any 6 electors may, within 3 working days after the public declaration, apply to a District Court Judge for a recount of the votes:
(b)
Every such application shall be accompanied by a deposit of $200 (which deposit is inclusive of goods and services tax):
(c)
The District Court Judge shall cause a recount of the votes to be commenced within 3 working days of receiving the application, and shall give notice in writing to the applicants and to any scrutineers appointed under section 11 of this Act of the time and place at which the recount will be made:
(d)
Section 117(4)–(9) and section 118 of the Electoral Act 1956, so far as they are applicable and with the necessary modifications, shall apply to the recount.
Compare: 1908, No. 104, s. 29
15 Declaration of result
(1)
After the Returning Officer has made a public declaration in accordance with section 116(1) of the Electoral Act 1956 (as applied by this Act) and after the time for an application for a recount has elapsed, the Returning Officer shall send to the Chief Electoral Officer a statement of the number of informal votes, and of the total number of valid votes recorded, and of the number of valid votes recorded for and against the proposal.
(2)
On receipt of the statements from all Returning Officers, and on or before a day to be fixed by the Governor-General by Order in Council, the Chief Electoral Officer shall ascertain and declare—
(a)
The total number of valid votes recorded for the proposal; and
(b)
The total number of valid votes recorded against the proposal; and
(c)
The result of the poll as determined thereby.
(3)
The Chief Electoral Officer shall notify in the Gazette the numbers of the votes as finally ascertained by the Chief Electoral Officer and the result of the poll as determined thereby.
Compare: 1967, No. 10, s. 5
16 Publicity for term poll
(1)
No person shall publish or cause or permit to be published in any newspaper, periodical, poster, or handbill, or broadcast or cause or permit to be broadcast over any radio or television station, any advertisement used or appearing to be used to promote one of the proposals in the term poll unless the advertisement contains a statement setting out the true name of the person for whom or at whose direction it is published and the address of his or her place of residence or business.
(2)
Every person commits an offence and is liable on summary conviction to a fine not exceeding $3,000 who wilfully contravenes subsection (1) of this section.
(3)
Nothing in this section shall restrict the publication of any news or comments relating to the term poll in a newspaper or other periodical or in a radio or television broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989.
17 Election expenses
For the purposes of section 139 of the Electoral Act 1956, “election expenses”
, in relation to a candidate at an election in any district, includes expenses that relate to the promotion by the candidate of any of the proposals on the voting paper for the term poll; but nothing in this section prevents the apportionment under section 139a of that Act of expenses to which this section applies.
Petitions
18 Sections of Electoral Act 1956 applied
(1)
The sections of the Electoral Act 1956 described in subsection (2) of this section, as far as they are applicable and with the necessary modifications, shall apply to a petition for an inquiry under section 19 of this Act.
(2)
The sections of the Electoral Act 1956 referred to in subsection (1) of this section are sections 158 to 160, 161, 162(1), (2), (4), (5), 166, 167, 168, 173 to 181, 182(1)(a) and (b), and 183.
19 Petition for inquiry
(1)
Where any 50 electors in an electoral district are dissatisfied with the result of the term poll in their district, they may, within 20 working days after the Returning Officer has made a public declaration in accordance with section 116(1) of the Electoral Act 1956 (as applied by this Act), file a petition in the High Court for an inquiry as to the conduct of the poll or of any person connected with it.
(2)
If the petition complains of the conduct of a Returning Officer or Registrar of Electors, the person complained of shall be a respondent to the petition.
(3)
The petition shall allege the specific grounds on which the complaint is founded, and no other grounds than those stated shall be investigated, except by leave of the Court and upon reasonable notice being given, which leave may be given upon such terms and conditions as the Court considers just:
Provided that evidence may be given to prove that any proposal other than that declared to be carried was carried and not rejected, or was rejected and not carried.
(4)
Such petition shall be in form 5 in the Schedule to this Act, or to the like effect, and shall be filed in the registry of the High Court nearest to the place where the poll was held. The Registrar of the Court shall forthwith send a copy of the petition to the Returning Officer.
(5)
The petition shall be served as nearly as may be in the manner in which a statement of claim is served, or in such other manner as may be prescribed by rules of Court.
Compare: 1908, No. 104, s. 30; 1956, No. 107, ss. 156, 157
20 Who may be respondents
Any 6 electors in the electoral district may, at any time not later than 3 working days before the commencement of the inquiry, file in the Court in which the petition is filed a notice in writing of their intention to oppose the petition, and thereupon the electors giving such notice shall be deemed to be respondents to the petition.
Compare: 1908, No. 104, s. 31
21 Determination of Court as to result of term poll
At the conclusion of the trial of a petition for an inquiry, the Court shall determine whether, by reason of some irregularity that in its opinion materially affected the result of the poll, the poll is void, or whether any and what proposal was duly carried.
Compare: 1908, No. 104, s. 33(2)
22 Persons committing irregularities to be named in report
(1)
On such inquiry the Court shall report in writing to the Minister of Justice the names of all persons found to have been guilty of any irregularity at or in connection with the poll, and shall state in such report whether or not in the opinion of the Court any such irregularity tended to defeat the fairness of the poll, and whether or not such irregularity tended materially to affect the result thereof.
(2)
Every person shall be guilty of an irregularity within the meaning of subsection (1) of this section who commits any offence described in section 24 of this Act, whether or not that person is prosecuted for or convicted of any such offence.
Compare: 1908, No. 104, s. 34(1)
23 Fresh poll
(1)
Where any term poll is declared void under section 21 of this Act, notice thereof shall be given by the Court to the Returning Officer, and a fresh poll shall, on a day to be fixed by the Returning Officer, being not later than 30 working days after the date of such notice, be taken in the manner prescribed by this Act in the case of a term poll.
(2)
At any such fresh term poll the same roll of electors shall be used as was used at the voided poll.
Compare: 1908, No. 104, s. 37
24 Offences
Every person commits an offence and shall be liable on summary conviction to a fine not exceeding $2,000 who at a term poll—
(a)
In any way interferes with any elector, either in the polling booth or while the elector is on the way to the polling booth, with the intention of influencing the elector or advising him or her as to his or her vote; or
(b)
Prints or distributes or delivers to any person on the day of the poll, or at any time during the 3 days immediately preceding the poll, anything being or purporting to be in imitation of any voting paper to be used at the poll, together with any direction or indication as to how any person should vote, or in any way containing any such direction or indication; or
(c)
During the hours in which the poll is being taken, makes any public demonstration having reference to the poll by means of living figures, effigies, paintings, placards, or other like means; or
(d)
Obtains possession of or has in his or her possession any voting paper other than the one given him or her by the Returning Officer for the purpose of recording his or her vote, or retains any voting paper in his or her possession after leaving the polling booth; or
(e)
Refuses or neglects to comply with, or commits any breach of any of the provisions of this Act, or misleads or gives any misdirection to a voter in any matter relating to the voter’s vote; or
(f)
Does or omits to do an act that if done or omitted to be done at an electoral poll would be an offence under the Electoral Act 1956.
Compare: 1908, No. 104, ss. 14(2), 35
25 Regulations
The Governor-General may from time to time, by Order in Council, make all such regulations as may be necessary or expedient for the purposes of giving full effect to the provisions of this Act and for the due administration thereof.
Schedule
Section 2(2)
Form 1 Voting Paper
[Consecutive Number]
Electoral District
Poll on Proposal to Change the Term of Parliament
Directions
(Read carefully before voting)
1.
Vote for only one proposal.
2.
Vote by putting a tick in the circle immediately after the proposal you choose.
3.
After voting, fold this voting paper so that its contents cannot be seen and place it in the ballot box.
4.
If you spoil this voting paper, return it to the officer who issued it and apply for another.
5.
You must not take this voting paper out of the polling booth.
Vote for only one proposal.
NOTE: The result of this poll will not affect the term of the Parliament being elected at this general election.
NOTE1
This form shall be joined by perforations to the ballot paper for the electoral poll.
Form 2 Nomination of Scrutineers for Purposes of Term Poll
Section 7
1.
For the purposes of the term poll to be taken in the Electoral District on the day of 1990, we, the undersigned electors of the district, hereby nominate [Full names, addresses, and occupations of the 2 persons nominated] as fit persons to appoint one scrutineer to act at each polling booth in the interest of all electors who are in favour [or, as the case may be, not in favour] of the proposal that the term of Parliament be changed.
2.
In support of our nomination we hereby severally, each for himself or herself, solemnly and sincerely declare that we are, and we believe each of the persons nominated to be, honestly in favour [or, as the case may be, not in favour] of the proposal.
We severally make this solemn declaration conscientiously believing the same to be true, and by virtue of the Oaths and Declarations Act 1957.
| Signature, Address, and Occupation | |
| Severally declared by each of the [Number] declarants whose signatures are subscribed hereto, this day of 1990, before me— |
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
|
| J.P. [Solicitor, | |
| or as the case may be]. |
Form 3 Returning Officer’s Selection for the Purposes of the Term Poll
Section 10
Having considered the nominations duly lodged in this behalf, and having heard all objections thereto, I hereby select [Full names, addresses, and occupations of the 2 persons selected, etc. (as above)] as fit persons to appoint one scrutineer to act at each polling booth at the term poll for the Electoral District on the day of 1990, in the interest of all electors who are in favour [or, as the case may be, not in favour] of the proposal that the term of Parliament be changed.
Dated at this day of 1990.
, Returning Officer.
Form 4 Appointment of Scrutineers for the Purposes of the Term Poll
Section 11
To the Returning Officer.
For the purposes of the term poll for the Electoral District to be taken on the day of 1990, we, the undersigned, being duly authorised in this behalf, hereby appoint the persons named in the Schedule hereto to act as scrutineers at the polling booths named in the Schedule, in the interest of all electors who are in favour [or, as the case may be, not in favour] of the proposal that the term of Parliament be changed.
Schedule
| Scrutineer | Polling Booth |
|---|---|
| [Full name, address, and occupation of the scrutineer] | [Name of polling booth] |
Dated at this day of 1990.
[Signatures of the 2 persons authorised to appoint].
Form 5 Petition for Inquiry as to Result of Term Poll
Section 19(4)
In the matter of a term poll held in the Electoral District on the day of 1990.
The petition of the undersigned electors of the Electoral District, namely, A.B. of C.D., of etc.
1.
Your petitioners state that the term poll was held on the day of 1990, and that the Returning Officer has given public notice that the proposal that the term of Parliament be changed [or be not changed] was carried in the district.
2.
And your petitioners say that [State the facts and grounds on which the petitioners rely].
Wherefore your petitioners pray that it may be determined that the said proposal was rejected and not carried in the district [or was carried and not rejected in the district] [or that the poll was void].
A.B.,
C.D.,
etc.
This Act is administered in the Department of Justice.
1 *Not to be printed as part of the form.
Versions
Term Poll Act 1990
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