New Zealand Flag Referendums Act 2015

  • repealed
  • New Zealand Flag Referendums Act 2015: repealed, on the close of 30 March 2018, by section 4(1).
38 Declaration of result of referendum

(1)

When all the voting papers returned in accordance with section 29 have been processed, the Returning Officer must,—

(a)

in the case of the first flag referendum,—

(i)

calculate the number of first preference votes received for each option; and

(ii)

count the votes in the manner described in Schedule 4; and

(iii)

declare the result of the referendum by giving public notice of the following:

(A)

the absolute majority of votes determined at the first iteration; and

(B)

the number of first preference votes received for each option; and

(C)

the absolute majority of votes determined at each iteration at which an option was successful or excluded; and

(D)

the number of votes recorded for each option and the number of transferable votes at each iteration at which an option was excluded; and

(E)

the iteration number at which each option was excluded, where applicable; and

(F)

the number of informal voting papers; and

(G)

the outcome of the referendum; and

(b)

in the case of the second flag referendum,—

(i)

calculate the total number of votes received for each option; and

(ii)

declare the result of the referendum by giving public notice of it in form 2 of Schedule 3; and

(iii)

give public notice of the following for each district:

(A)

the number of votes received for each option; and

(B)

the number of informal votes.

(2)

However, if there is a tie within the meaning of section 39(3), the Returning Officer must not declare the result of the referendum until the tie has been resolved under section 39(1) or (2).

(3)

In this section, absolute majority of votes means the number arrived at using the formula specified in clause 3 of Schedule 4.