Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698838235228.pdf (New Zealand)
Compulsory Retirement Savings Scheme Referendum (Supervision of Processing) Order 1997 (SR 1997/186) Compulsory Retirement Savings Scheme Referendum (Supervision of Process­ ing) Order 1997: spent, on 2 April 1998, pursuant to section 2 of the Compul­ sory Retirement Savings Scheme Referendum Act 1997 (1997 No 13).

Preamble WHEREAS— A.
Section 44(1) of the Compulsory Retirement Savings Scheme Referendum Act 1997 requires the Minister of Justice, after consulting with the Chief District Court Judge, to appoint as many District Court or retired Dis­ trict Court Judges to observe the processing of voting papers as the Minister considers necessary; and One District Court Judge has already been appointed pursuant to section 44(1); and The appointment of only one District Court Judge to observe the processing of voting papers is insufﬁcient to enable the processing of the voting papers to be completed, and the result of the referendum to be announced, in a timely manner; and The Chief District Court Judge has advised that there are no District Court Judges or retired District Court Judges who are free from work during the period sched­ uled for the processing of the voting papers and that the appointment of further Judges or retired Judges would involve the cancellation of litigation at considerable in­ convenience to individual litigants; and Section 44(1) of the Compulsory Retirement Savings Scheme Referendum Act 1997 does not make sufﬁcient B. C. D. E. Note This order is administered in the Ministry of Justice.
1 Compulsory Retirement Savings Scheme Referendum (Supervision of Processing) Order 1997 Reprinted as at 3 September 2007 F. provision for the appointment of persons to observe the processing of voting papers in the circumstances out­ lined in paragraphs A to D above; and It is desirable that the number of persons appointed to observe the processing of voting papers be sufﬁcient to enable the processing of the voting papers to be com­ pleted and the result of the referendum to be announced in a timely manner: NOW THEREFORE, PURSUANT to section 63 of the Com­ pulsory Retirement Savings Scheme Referendum Act 1997, His Excellency the Governor­General, acting by and with the advice and consent of the Executive Council, makes the fol­ lowing order.
Contents Title and commencement Interpretation Appointment of Justices of the Peace to observe processing Page 2 2 3 Title and commencement This order may be cited as the Compulsory Retirement Sav­ ings Scheme Referendum (Supervision of Processing) Order 1997.

This order comes into force on 10 September 1997.


Interpretation In this order,— The Act means the Compulsory Retirement Savings Scheme Referendum Act 1997 processed has the same meaning as it has in the Act and pro­ cessing has a corresponding meaning voting paper has the same meaning as it has in the Act.
1 2 3 1 (1) (2) 2 2 Reprinted as at 3 September 2007 Compulsory Retirement Savings Scheme Referendum (Supervision of Processing) Order 1997 Explanatory note Appointment of Justices of the Peace to observe processing 3 (1) Notwithstanding anything in section 44(1) of the Act, the Min­ ister of Justice may appoint such number of Justices of the Peace as the Minister considers necessary (in addition to the person or persons appointed under that section) to observe the processing of voting papers.
Except as provided in subclauses (3) and (4), every Justice of the Peace appointed under subclause (1) has the same powers and duties as a District Court Judge appointed under section 44(1) of the Act, and the Act applies accordingly, with any necessary modiﬁcations.
(2) (3) Any Justice of the Peace appointed under subclause (1) is, in the performance of his or her duties, subject to the direction of any person appointed under section 44(1) of the Act, but, subject to subclause (4), may exercise those duties in the ab­ sence from the premises on which the processing of the voting papers is taking place of the person or persons appointed under that section.
(4) No Justice of the Peace appointed under subclause (1) may determine under section 44(2) of the Act whether or not any voting paper is valid or formal.

MARIE SHROFF, Clerk of the Executive Council.

Explanatory note This note is not part of the order, but is intended to indicate its general effect.
In the circumstances set out in the Preamble of this order, section 44(1) of the Compulsory Retirement Savings Scheme Referendum Act 1997 does not make sufﬁcient provision for the appointment of persons to observe the processing of voting papers.

That section as­ sumes that a sufﬁcient number of District Court Judges and retired District Court Judges will be available for that work.

That assump­ tion is not correct.


The processing of the voting papers can be com­ pleted in a timely manner, as required by section 40(1) of the Act, 3 Compulsory Retirement Savings Scheme Referendum (Supervision of Processing) Order 1997 Reprinted as at 3 September 2007 only if a sufﬁcient number of persons can be appointed to act as ob­ servers.

This order remedies that lack of sufﬁcient provision for observers by authorising the Minister of Justice to appoint Justices of the Peace as observers.
Such Justices of the Peace will, in the performance of their duties as observers, be subject to the directions of any District Court Judge or retired District Court Judge appointed under section 44(1) of the Act.

A Justice of the Peace is not to discharge, under section 44(2) of the Act, the function of determining whether or not any voting paper is valid or formal.
That function must continue to be discharged by a District Court Judge or a retired District Court Judge appointed under section 44(1) of the Act.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 9 September 1997.

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