Electoral Referendum Bill

  • enacted

Hon Simon Power

Electoral Referendum Bill

Government Bill


As reported from the Electoral Legislation Committee




1 Title

2 Commencement

2A Application of Act to conduct outside New Zealand

Part 1
Preliminary provisions

3 Purpose of Act

4 Expiry

5 Interpretation

6 Act binds the Crown

Part 2
Provisions relating to referendum

Subpart 1Referendum on options for voting system

7 Referendum on day of general election

8 Application of Electoral Act 1993

Subpart 2Conduct 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 3Counting 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 Electoral Commission

Determination and declaration of result of referendum

18 Determination of results by Electoral Commission

19 Declaration of official result of referendum

Subpart 4Petitions

20 Method of questioning referendum

21 Petition for inquiry

22 Respondents

23 Procedural matters

24 Jurisdiction of High Court

25 Fresh referendum

Subpart 5Offences and penalties

26 Application of provisions of Electoral Act 1993 in respect of referendum

27 Time limit for prosecutions

Part 3

Application of Part

28 Application of this Part

Interpretation provisions

29 Interpretation

30 Meaning of referendum advertisement

31 Meaning of referendum expenses

31AA Meaning of publish

31A Meaning of regulated period

31B Electoral Commission to publish details of regulated period

General rules for referendum advertisements

32 Persons who may promote referendum advertisements

32A Maximum amount of registered promoter's total referendum expenses

32B Persons who may incur referendum expenses in relation to referendum advertisement

33 Apportionment of promoter's referendum expenses for publication of referendum advertisement both before and during the 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

36 Referendum advertisement to include promoter statement

Registered promoters

36A Promoters eligible to be registered

37 Application for registration

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 Expiry 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

Obligation of unregistered promoters to keep records

50 Obligation to keep records necessary to verify unregistered promoter's referendum expenses

Claims for referendum expenses of registered promoters

50A Periods for claiming and paying registered promoter's referendum expenses

50B Procedure if claim disputed

50C Leave to pay claim after time limitation

50D Invoice and receipt required for referendum expenses of $50 or more

Returns of referendum expenses

50E Return of registered promoter's referendum expenses

50F Obligation to keep records necessary to verify return of registered promoter's referendum expenses

50G Electoral Commission may require auditor's report on return of registered promoter's referendum expenses

50H Return of registered promoter's referendum expenses to be publicly available

Offences and penalties in relation to referendum advertising

51 Illegal practices

51A Offences relating to obligation to keep records

51B Offences relating to return of registered promoter's referendum expenses

51C Offence to pay referendum expenses in excess of maximum

51D Offence to incur unauthorised referendum expense

51E Punishment for corrupt or illegal practice


52 Time limit for prosecutions

53 Duty of Electoral Commission

Part 4
Review and miscellaneous provisions

Subpart 1Review 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 2Miscellaneous provisions

59 Validation of irregularities

60 Regulations

Amendment to Privacy Act 1993

61 Amendment to Privacy Act 1993

Amendment to Summary Proceedings Act 1957

62 Amendment to Summary Proceedings Act 1957

Schedule 1
Form for referendum voting paper

Schedule 2
Description of voting systems

Schedule 3
Form for petition

Legislative history

The Parliament of New Zealand enacts as follows: