Hon Simon Power
Government Bill
128—1
Explanatory note
1 Title
2 Commencement
Part 1Preliminary provisions
3 Purpose of Act
4 Expiry
5 Interpretation
6 Act binds the Crown
Part 2Provisions relating to referendum
Subpart 1—Referendum on options for voting system
7 Referendum on day of general election
8 Application of Electoral Act 1993
Subpart 2—Conduct of referendum
Officers and polling places
9 Manager, returning officer, polling place officials, and polling places
Eligibility to vote at referendum
10 Who may vote
Referendum voting paper
11 Issue of referendum voting paper
12 Method of voting
Subpart 3—Counting of votes and declaration of results
Certain provisions of 1993 Act not to apply
13 Provisions of 1993 Act not to apply to count of referendum votes
Counting of early votes
14 Time at which preliminary count of early votes must begin
Procedure after close of poll
15 Referendum voting papers sent to returning officer before being counted
16 Returning officer to count referendum votes for district
17 Return of results of count to Chief Electoral Officer
Determination and declaration of result of referendum
18 Determination of results by Chief Electoral Officer
19 Declaration of official result of referendum
Subpart 4—Petitions
20 Method of questioning referendum
21 Petition for inquiry
22 Respondents
23 Procedural matters
24 Jurisdiction of High Court
25 Fresh referendum
Subpart 5—Offences and penalties
26 Application of provisions of Electoral Act 1993 in respect of referendum
27 Time limit for prosecutions
Part 3Advertising
Application of Part
28 Application of this Part
Interpretation provisions
29 Interpretation
30 Meaning of referendum advertisement
31 Meaning of referendum expenses
General rules for referendum advertisements
32 Persons who may promote referendum advertisements
33 Apportionment of advertising expenses in relation to regulated period
34 Joint election and referendum advertisements
35 Obligation not to circumvent limitations imposed by this Part
36 Referendum advertisement to state name and address of promoter
Registered promoters
37 Application for registration
38 Grounds on which registration must be refused
39 Electoral Commission's decision on application
40 Obligation to notify Electoral Commission of change in contact details
41 Cancellation of registration
42 Lapse of registration
43 Establishment of register
44 Purposes of register
45 Form of register
46 Alterations to register
47 Register to be public
48 Search of register
49 When search constitutes interference with privacy of individual
Obligations of promoters
50 Obligation to retain records
Offences and penalties in relation to referendum advertising
51 Offences and penalties
Enforcement
52 Time limit for prosecutions
53 Duty of Electoral Commission
Part 4Review and miscellaneous provisions
Subpart 1—Review of mixed member proportional representation voting system
54 Application of this subpart
55 Review
56 Scope of review
57 Process for review
58 Report and recommendations
Subpart 2—Miscellaneous provisions
59 Validation of irregularities
60 Regulations
Amendment to Privacy Act 1993
61 Amendment to Privacy Act 1993
Schedule 1 Form for referendum voting paper
Schedule 2 Description of voting systems
Schedule 3 Form for petition
The Parliament of New Zealand enacts as follows: