Citizens Initiated Referenda Act 1993

If you need more information about this Act, please contact the administering agency: Ministry of Justice

Version as at 12 April 2022

Coat of Arms of New Zealand

Citizens Initiated Referenda Act 1993

Public Act
 
1993 No 101
Date of assent
 
28 September 1993
Commencement
 
see section 1(2)
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.

Contents

Title
1Short Title and commencement
2Interpretation
Part 1
Indicative referendum petition
3Indicative referendum petition
4Prohibitions
5Contents of indicative referendum petition
6Proposal to promote indicative referendum petition
7Gazetting of notice of proposal for indicative referendum petition
8Comments on wording
9Consultation on wording of precise question
10Criteria
11Determination of precise question
12Approval of form
13Notification of determination and approval
14Promotion of indicative referendum petition
15Requirements in relation to indicative referendum petition
16Duties of Clerk of House of Representatives on receipt of indicative referendum petition
17Duties of promoter in relation to defects in indicative referendum petition [Repealed]
18Certification of indicative referendum petition
19Procedure in relation to certification
20Power to resubmit rejected indicative referendum petition
21Duty of Speaker to present indicative referendum petition to House
22Date of, or voting period for, indicative referendum
22AADate of indicative referendum not conducted by postal voting
22ABDate of indicative referendum conducted by postal voting
22AWithdrawal of indicative referendum petition
23Delegation of functions of Clerk of the House of Representatives
Part 2
Indicative referendum
24Application of Electoral Act 1993 to indicative referendum not conducted by postal voting
24AApplication of Electoral Act 1993 to indicative referendum conducted by postal voting
24BApplication of this Act to indicative referendum conducted by postal voting
25Governor-General’s warrant for issue of writ: indicative referendum not conducted by postal voting [Repealed]
25AGovernor-General’s warrant for issue of writ: indicative referendum conducted by postal voting [Repealed]
26Writ for indicative referendum not conducted by postal voting
26AWrit for indicative referendum conducted by postal voting
26BNotice of issue of writ
26CNotice of issue of writ for indicative referendum conducted by postal voting [Repealed]
27Electoral rolls
28Voting paper
29Nomination of scrutineers by electors in favour of one answer
30Nomination of scrutineers by electors in favour of the other answer
31Form of nomination paper
32Nomination paper to be lodged with Returning Officer
33Selection of fit persons to appoint scrutineers
34Selection to be in writing
35Appointments of scrutineers to be in writing
36Powers and rights of scrutineers
37Remuneration of scrutineers not to be paid out of public money
38Application to District Court Judge for recount
39Endorsement and return of writ
40Declaration of result
40AADeclaration of result of indicative referendum conducted by postal voting
40AInfringement of secrecy
40BInfringement of secrecy constitutes corrupt practice
Part 3
Publicity
41Publicity for indicative referendum
42Limits on expenditure
43Returns in relation to advertisements
44Duty of Electoral Commission
45Return to be open for public inspection
46Transmission of copy of return to Chief Electoral Officer [Repealed]
Part 4
Application for inquiry into conduct of indicative referendum
47Sections of Electoral Act 1993 applied
Applicants
48Who may be applicants
Respondents
49Who may be respondents
50Who may be respondents
Making of application
51Application form
51AApplication to be filed in High Court
51BTime for making application
51CApplication to be sent to Returning Officer
51DApplication to be served on respondents
51EMatters to be inquired into at hearing
Court’s decision
51FDecision of court as to result of indicative referendum
51GFresh indicative referendum
Part 5
Offences
52Interfering with or influencing voters
53Power to remove statements, names, emblems, slogans, or logos
53ABribery of promoter
53BUndue influence of promoter
54Offences
Part 6
Miscellaneous provisions
55Two or more referenda
56Appropriation
57Application of Ombudsmen Act 1975 and Official Information Act 1982
58Regulations
58ARules of court
59Right to petition House of Representatives unaffected
Schedule
Forms
Notes

An Act to provide for the holding, on specific questions, of citizens initiated referenda, the results of which referenda will indicate the views held by the people of New Zealand on specific questions but will not be binding on the New Zealand Government