The purpose of this Act is to make provision for an indicative referendum to be held in conjunction with the first general election after the commencement of this Act, in order to provide electors with the opportunity to express an opinion on the preferred system of voting for election to the House of Representatives in New Zealand.

(1) This Act expires and is repealed on the close of the day that is 6 months after the date on which the result of the referendum is declared.

(2) Despite subsection (1),—

• (a) if section 26 (which provides for a fresh referendum in the case of a successful petition) applies, this Act expires and is repealed 6 months after the date on which the result of the fresh referendum is declared:

• (b) if section 74 (which provides for the circumstance when there must be a review of MMP) applies, subpart 1 of Part 4 expires and is repealed—

  • (i) on 1 November 2012; or

  • (ii) 6 months after the date on which the result of the fresh referendum is declared, in the event that section 74 applies as a consequence of a fresh referendum being held.

(1) In this Act, unless the context otherwise requires,—

(2) Unless the context otherwise requires, a term defined in the 1993 Act and not otherwise defined in this Act has the meaning given in that Act.

(3) The terms ballot box, ballot paper, poll, and polling, in relation to the general election, mean the same in this Act as they do in the 1993 Act.

This Act binds the Crown.

This Part applies, instead of Parts 6AA and 6A of the 1993 Act, to referendum advertisements unless otherwise expressly provided in this Part.

In this Part, unless the context otherwise requires,—

(1) In this Part, referendum advertisement means an advertisement in any medium that—

• (a) may reasonably be regarded as encouraging or persuading voters—

  • (i) to vote in a particular way in the referendum; or

  • (ii) not to vote in a particular way in the referendum; and

• (b) is published at any time from the date of the commencement of this Act until the close of the day before polling day.

(2) However, none of the following is a referendum advertisement:

• (a) an advertisement that—

  • (i) is published, or caused or permitted to be published, by the Electoral Commission, the Chief Registrar of Electors, or any other agency charged with responsibilities in relation to the conduct of any official publicity or information campaign to be conducted on behalf of the Government of New Zealand; and

  • (ii) relates to electoral matters or the conduct of the general election or the referendum; and

  • (iii) contains either—

    • (A) a statement indicating that the advertisement has been authorised by that officer or agency; or

    • (B) a symbol indicating that the advertisement has been authorised by that officer or agency:

• (b) the editorial content of—

  • (i) a periodical:

  • (ii) a radio or television programme:

  • (iii) a publication on a news media Internet site:

• (c) statements that do not promote, or could not reasonably be regarded as promoting, a particular option for the question in Part A or the question in Part B of the referendum voting paper:

• (d) any transmission (whether live or not) of proceedings in the House of Representatives:

• (e) any publication on the Internet, or other electronic medium, of personal political views by an individual who does not make or receive a payment in respect of the publication.

(3) In this section, periodical means a newspaper, magazine, or trade or professional journal that—

• (a) was established for purposes unrelated to the conduct of the referendum; and

• (b) since its establishment has been—

  • (i) published at regular intervals; and

  • (ii) generally available to members of the public.

(1) In this Part, referendum expenses—

• (a) includes—

  • (i) the cost incurred in the preparation, design, composition, printing, distribution, postage, and publication of a referendum advertisement; and

  • (ii) the reasonable market value of any material used for or applied towards the advertisement, including any such material that is provided free of charge or below reasonable market value; but

• (b) excludes the cost of—

  • (i) the conduct of any survey or public opinion poll; and

  • (ii) any framework (other than a commercial framework) that supports a hoarding on which the advertisement is displayed; and

  • (iii) the labour of any person that is provided free of charge by that person; and

  • (iv) the replacement of any material used in respect of a referendum advertisement if that advertisement has been destroyed or rendered unusable by—

    • (A) 1 or more persons (other than the promoter or a person acting on his or her behalf):

    • (B) the occurrence of an event beyond the control of the promoter or a person acting on his or her or its behalf.

(2) To avoid doubt, referendum expenses does not include the cost (including running costs) of any vehicle used to display a referendum advertisement if the use of the vehicle for that purpose is not the subject of a contract, arrangement, or understanding, for the payment of money or money's worth.

(3) In this section, vehicle has the meaning given to it by section 2(1) of the Land Transport Act 1998.

In this Act, unless the context otherwise requires, publish, in relation to a referendum advertisement, means to bring to the notice of a person in any manner,—

• (a) including—

  • (i) displaying on any medium:

  • (ii) distributing by any means:

  • (iii) delivering to an address:

  • (iv) leaving at a place:

  • (v) sending by post or otherwise:

  • (vi) printing in a newspaper or other periodical:

  • (vii) broadcasting by any means:

  • (viii) disseminating by means of the Internet or any other electronic medium:

  • (ix) storing electronically in a way that is accessible to the public:

  • (x) incorporating in a device for use with a computer:

  • (xi) inserting in a film or video; but

• (b) excluding addressing 1 or more persons face to face.

(1) In this Act, regulated period, in relation to the referendum, has the meaning given to it by subsections (2) and (3).

(2) If before the close of the default day the Prime Minister gives public notice of the day that is to be polling day for the election, the regulated period—

• (a) commences on the later of the following days:

  • (i) the day after the date on which the Prime Minister gives that public notice:

  • (ii) the day that is 3 months before polling day; and

• (b) ends with the close of the day before polling day.

(3) If at the close of the default day the Prime Minister has not given public notice of the day that is to be polling day for the election, the regulated period—

• (a) commences on the close of the default day; and

• (b) ends with the close of the day before polling day.

(4) In this section,—

The notice published under section 3C of the 1993 Act in relation to the general election must state that the regulated period for the referendum commenced and will end on the same dates as the regulated period for the general election.

A person is entitled to promote a referendum advertisement if the person—

• (a) is a registered promoter; or

• (b) is an unregistered promoter who does not incur referendum expenses exceeding $12,000 (inclusive of goods and services tax) in relation to referendum advertisements published during the regulated period.

(1) The total referendum expenses of a registered promoter in respect of the regulated period must not exceed $300,000.

(2) The amount in subsection (1) is inclusive of goods and services tax.

A person may incur referendum expenses in relation to a referendum advertisement only if the person is—

• (a) the promoter of the referendum advertisement; or

• (b) a person authorised to incur referendum expenses in relation to the referendum advertisement by the promoter.

(1) This section applies if a referendum advertisement—

• (a) is published both before the commencement of the regulated period and during the regulated period; or

• (b) is published before the commencement of the regulated period and continues to be published during the regulated period.

(2) If this section applies,—

• (a) the referendum advertisement is deemed to have been published during the regulated period; and

• (b) the referendum expenses for the publication of the referendum advertisement must be apportioned so that only a fair proportion of those expenses is attributed to the referendum advertising carried on during the regulated period.

(3) Only the referendum expenses attributed to the regulated period in accordance with subsection (2) are expenses for the purposes of sections 36(b) and 37.

(1) This section applies if an advertisement comprises both—

• (a) an election advertisement; and

• (b) a referendum advertisement.

(2) The promoter of the advertisement must count the sum of the referendum expenses and advertising expenses incurred in relation to the advertisement as both advertising expenses in relation to the election advertisement and referendum expenses.

(1) An unregistered promoter may not enter into an agreement, or enter into an arrangement or understanding, with another person for the purpose of circumventing the maximum amount prescribed in section 36(b).

(2) A body corporate or unincorporated may not encourage its members to take any action for the purpose of circumventing the maximum amount prescribed in section 36(b).

(3) No person may incorporate or form 2 or more bodies corporate or unincorporated for the purpose of circumventing the maximum amount prescribed in section 36(b).

(1) A person may publish or cause or permit to be published a referendum advertisement only if the advertisement includes a promoter statement.

(2) A promoter statement must state the name and address of the promoter of the referendum advertisement.

(3) If the promoter is a registered promoter, the name and address of the promoter stated in the promoter statement must be the same name and address of the promoter that appear in the register.

(4) If the promoter is an unregistered promoter and is a body corporate or unincorporated, the promoter statement must also include the name of a member of the body who is the duly authorised representative of the promoter.

(5) If the referendum advertisement is published in a visual form, the promoter statement must be clearly displayed in the advertisement.

(6) If the referendum advertisement is published only in an audible form, the promoter statement when published must be no less audible than the other content of the advertisement.

(1) A promoter (including a corporation sole, a body corporate, and an unincorporated body) is eligible to be a registered promoter if the promoter is not an overseas person.

(2) In this section, overseas person means—

• (a) an individual who—

  • (i) resides outside New Zealand; and

  • (ii) is not a New Zealand citizen or registered as an elector; or

• (b) a body corporate incorporated outside New Zealand; or

• (c) an unincorporated body that has its head office or principal base of business outside New Zealand.

(1) An application to be a registered promoter must be made to the Electoral Commission and made,—

• (a) if the promoter is an individual, by that individual; or

• (b) if the promoter is a company, by a person who is duly authorised by the board of directors to make the application; or

• (c) if the promoter is not an individual or a company, by the promoter's representative who is duly authorised by the promoter to make the application.

(2) An application to be a registered promoter must be made in the form required by the Electoral Commission and set out—

• (a) the name and contact details of—

  • (i) the promoter; and

  • (ii) the person described in subsection (1)(b) or (c), as the case may be, who made the application, if the promoter is not an individual; and

• (b) the names of the persons occupying a position in the body that is comparable with that of a director of a company, if the promoter is not an individual or a company; and

• (c) the names of the trustees, if the promoter is a trust.

(3) An application to be a registered promoter must be accompanied by evidence of the authority to make the application, if the application is made by a person described in subsection (1)(b) or (c).

The Electoral Commission must refuse an application by a promoter to be registered if—

• (a) the application does not comply with section 44; or

• (b) the Electoral Commission is not satisfied that the promoter is eligible under section 43 to be registered; or

• (c) the name of the promoter is—

  • (i) indecent or offensive; or

  • (ii) likely to cause confusion or mislead electors.

(1) If there are no grounds under section 45 to refuse an application, the Electoral Commission must, as soon as is reasonably practicable after receiving the application,—

• (a) register the promoter; and

• (b) notify the person who made the application of the date of registration of the promoter.

(2) If there are grounds under section 45 to refuse an application, the Electoral Commission must, as soon as is reasonably practicable after receiving the application,—

• (a) refuse the application; and

• (b) notify the person who made the application of the refusal and the reasons.

A registered promoter must give written notice to the Electoral Commission of any change in the information provided under section 44(2) within 10 working days after the change.

(1) The Electoral Commission must cancel the registration of a promoter if—

• (a) the Electoral Commission is satisfied that the promoter is not eligible to be registered; or

• (b) the promoter—

  • (i) requests that it do so; and

  • (ii) has not incurred expenses in relation to referendum advertisements that exceed the amount specified in section 36(b).

(2) If the Electoral Commission cancels the registration of a promoter under subsection (1), the Electoral Commission must, as soon as is reasonably practicable, and in any case not later than 10 working days after the date of the cancellation, give the promoter written notice of—

• (a) the cancellation; and

• (b) the reason for the cancellation.

Unless earlier cancelled under section 48, a promoter's registration expires on the day provided for the expiry of this Act in section 5.

(1) The Electoral Commission must establish and maintain a register of registered promoters.

(2) The Electoral Commission must enter in the register, in relation to every registered promoter,—

• (a) the name of the registered promoter; and

• (b) the address of the registered promoter; and

• (c) the names of persons set out in the promoter's application, if any, provided under section 44(2)(a)(ii), (b), and (c).

(3) The Electoral Commission may enter in the register any other information that the Electoral Commission considers necessary or desirable for the purposes of the register.

The purposes of the register are—

• (a) to enable members of the public to ascertain—

  • (i) whether a person is a registered promoter and, if so, the address of that person; and

  • (ii) whether a referendum advertisement is promoted by a registered promoter; and

• (b) to assist with the enforcement of the provisions of this Part.

The register may be kept—

• (a) as an electronic register (for example, on the Electoral Commission's Internet site); or

• (b) in any other manner that the Electoral Commission thinks fit.

The Electoral Commission may at any time make any amendments to the register that are necessary to—

• (a) reflect any changes in the information referred to in section 47; or

• (b) correct any error or omission on the part of the Electoral Commission or any person to whom the Electoral Commission has delegated its functions, duties, or powers.

The Electoral Commission must—

• (a) make the register available for public inspection at its office during ordinary office hours, without fee; and

• (b) supply to a person copies of all or part of the register on request, subject to payment of any charges that may be made under the Official Information Act 1982.

A person may search the register for a purpose set out in section 51.

A search of the register for personal information that has not been carried out for a purpose specified in section 51 constitutes an action that is an interference with the privacy of an individual under section 66 of the Privacy Act 1993.

(1) This section applies to a person who—

• (a) is an unregistered promoter:

• (b) has been an unregistered promoter at any time during the regulated period.

(2) A promoter to whom this section applies must take all reasonable steps to keep the records, documents, and accounts that are necessary to enable verification of the referendum expenses incurred in relation to a referendum advertisement promoted while the promoter is not registered.

(3) Despite section 5, subsection (2) of this section applies until whichever is the earlier of—

• (a) the close of the day that is 3 years after polling day for the general election; or

• (b) if a fresh referendum is held under section 26, the close of the day that is 3 years after the date on which the result of the fresh referendum is declared.

(1) A claim against a registered promoter for payment of referendum expenses is recoverable only if it is sent to the registered promoter within 20 working days after the day on which the declaration required by section 179(2) of the 1993 Act is made in relation to the general election.

(2) A claim that is sent to a registered promoter in accordance with subsection (1) must be paid within 40 working days after the day on which that declaration is made, and not otherwise.

(3) This section is subject to sections 59 and 60.

(1) If a registered promoter, in the case of a claim for referendum expenses sent to the registered promoter within the period specified in section 58(1), disputes the claim, or fails to pay the claim within the period of 40 working days specified in section 58(2), then—

• (a) the claim is to be treated as a disputed claim; and

• (b) the claimant may, if he or she thinks fit, within 20 working days after the expiry of that period of 40 working days, bring an action for the disputed claim in any court of competent jurisdiction.

(2) Any sum paid by the registered promoter in accordance with a judgment or order of the court in any such action is to be treated as paid within the period specified in section 58(2).

(1) On the application of a claimant or a registered promoter, a District Court may make an order granting leave to the registered promoter to pay—

• (a) a claim for referendum expenses sent after the period specified in section 58(1); or

• (b) a claim not paid in the period specified in section 58(2); or

• (c) a disputed claim in respect of which an action was not brought within the period specified in section 59(1)(b).

(2) Any sum paid by the registered promoter in accordance with an order made under subsection (1) is to be treated as having been paid within the period specified in section 58(2).

(1) Every payment made in respect of any referendum expenses of a registered promoter must be evidenced by an invoice stating the particulars, and by a receipt.

(2) Subsection (1) does not apply to a payment of less than $50.

(1) This section applies to a registered promoter whose total referendum expenses in respect of any regulated period exceed $100,000 (inclusive of goods and services tax).

(2) Within 70 working days after polling day for the general election, the registered promoter must file a return of referendum expenses with the Electoral Commission.

(3) If the registered promoter is not an individual or a company, the return must be filed by the registered promoter's representative who is duly authorised to file the return.

(4) A return filed under subsection (2) must be in the form required by the Electoral Commission.

(1) A registered promoter must take all reasonable steps to keep all records, documents, and accounts that are reasonably necessary to enable a return filed under section 62(2) to be verified.

(2) Despite section 5, subsection (1) of this section applies until whichever is the earlier of—

• (a) the close of the day that is 3 years after polling day for the general election; or

• (b) if a fresh referendum is held under section 26, the close of the day that is 3 years after the date on which the result of the fresh referendum is declared.

(1) If the Electoral Commission has reasonable grounds to believe that a return filed under section 62 may contain any false or misleading information, the Electoral Commission may require the registered promoter (at the registered promoter's expense) to obtain a report on the return from an auditor.

(2) The auditor must state in the report—

• (a) the position shown by the return in respect of the requirement that the registered promoter's total referendum expenses must not exceed the maximum amount specified in section 37; and

• (b) either—

  • (i) whether, in the auditor's opinion, the position stated under paragraph (a) is correct; or

  • (ii) that the auditor has been unable to form an opinion as to whether the position stated under paragraph (a) is correct.

(3) The auditor must make any examinations that the auditor considers necessary.

(4) The auditor must specify in the report any case in which—

• (a) the auditor has not received from the registered promoter all the information that the auditor requires to carry out his or her duties; or

• (b) proper records of the registered promoter's referendum expenses have not, in the auditor's opinion, been kept by the registered promoter.

(5) The auditor—

• (a) must have access at all reasonable times to all records, documents, and accounts that relate to the registered promoter's referendum expenses and that are held by the registered promoter; and

• (b) may require the registered promoter to provide any information and explanation that, in the auditor's opinion, may be necessary to enable the auditor to prepare the report.

(1) The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every return filed under section 62.

(2) During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return filed under section 62.

(3) The Electoral Commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the Official Information Act 1982.

(4) In this section, public inspection period, in relation to a return, means the period—

• (a) beginning on the day that is 3 working days after the date on which the Electoral Commission receives the return; and

• (b) ending with the close of polling day for the second general election that takes place after that date.

Every person is guilty of an illegal practice who wilfully—

• (a) promotes a referendum advertisement without being entitled to do so under section 36:

• (b) contravenes section 41:

• (c) contravenes section 42:

• (d) makes a payment in breach of section 58.

Every person who fails, without reasonable excuse, to comply with section 57(2) or 63 commits an offence and is liable on summary conviction to a fine not exceeding $40,000.

(1) A registered promoter who fails, without reasonable excuse, to comply with section 62(2) is liable on summary conviction to a fine not exceeding $40,000.

(2) A registered promoter who files a return under section 62(2) that is false in any material particular is guilty of—

• (a) a corrupt practice if the registered promoter filed the return knowing it to be false in any material particular:

• (b) an illegal practice in any other case, unless the registered promoter proves that—

  • (i) he or she had no intention to misstate or conceal the facts; and

  • (ii) he or she took all reasonable steps in the circumstances to ensure that the information was accurate.

(3) If the registered promoter is not an individual or a company, the registered promoter's representative who files the return in accordance with section 62(3) is liable under subsections (1) and (2).

(4) Subsection (3) does not limit the liability of a registered promoter under subsection (1) or (2).

(1) This section applies to a registered promoter or any other person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any referendum expenses any sum in excess of the maximum amount specified in section 37.

(2) The registered promoter or other person is guilty of—

• (a) a corrupt practice if he or she knew the payment was in excess of the specified maximum amount; or

• (b) an illegal practice in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the referendum expenses did not exceed the specified maximum amount.

(3) Every person who enters into an agreement or enters into an arrangement or understanding with any other person for the purpose of circumventing the maximum amount specified in section 37 is guilty of a corrupt practice.

Every person is guilty of—

• (a) a corrupt practice who wilfully contravenes section 38; and

• (b) an illegal practice who contravenes section 38 in any other case.

(1) Every person who is guilty of a corrupt practice is liable on conviction on indictment to either or both of the following:

• (a) a term of imprisonment not exceeding 2 years:

• (b) a fine not exceeding $100,000.

(2) Every person who is guilty of an illegal practice is liable on conviction on indictment to a fine not exceeding $40,000.

(3) Section 100 of the 1993 Act applies to a person who is guilty of a corrupt practice under this Act as if the person were guilty of a corrupt practice under the 1993 Act and the reference to an election petition were a reference to a referendum petition tried by the High Court under section 25 of this Act.

(1) A prosecution under this Part must be commenced—

• (a) within 6 months of the date that the prosecutor is satisfied that there is sufficient evidence to warrant the commencement of proceedings; but

• (b) no later than 3 years after the alleged offence was committed.

(2) Subsection (1) applies whether or not registration has been cancelled under section 48 or has expired under section 49.

(1) If the Electoral Commission believes that any person has committed an offence under this Part, it must report the facts on which that belief is based to the New Zealand Police.

(2) Subsection (1) does not apply if the Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police.