Hon Simon Power
Government Bill
128—2
As reported from the Electoral Legislation Committee
Commentary
Key
1 Title
2 Commencement
2A Application of Act to conduct outside New Zealand
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 Electoral Commission
Determination and declaration of result of referendum
18 Determination of results by Electoral Commission
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
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
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
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
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: