Little AndrewREFERENDUMS FRAMEWORK BILLThird ReadingHon ANDREW LITTLE (Minister of Justice): I move That the Referendums Framework Bill be now read a third time.I'm very thankful for the efforts of the committee during the committee of the whole House stage of this bill. It was a very very thorough examination of the legislation; a very closely fought debate at that time. I'm very pleased with the state in which the legislation now is as we come to this third reading stage.It's very important for our democracy that we have very clear rules on every aspect of our voting not only for those parts of it that are about electing people to this House but also when it comes to referendums. We don't have any standing referendum legislation to provide a framework. It is probably an adventurous task to take on something that would be enduring over time. But nevertheless this Government has made commitments to hold referendums now on two very important topics; matters upon which the voting public of New Zealand ought to have a say because they represent a major shift in social policy and values and approach. So this bill provides a framework for the conduct of those referendums at the 2020 general election.Now I know it was the habit of some members in the committee of the whole House stage to want to engage in the substance and the merits of the particular issues that will be the subject of referendums next year. But that is not what this is about right now. This is about making sure that the bill that provides that framework—under which the referendums will be held—has integrity is robust and allows those referendums to take place under a set of rules that most voters will recognise because they are pretty comparable to the rules under which the voting next year will happen anyway.So this bill is about sustaining and maintaining those very important democratic values that underpin what happens when voters in New Zealand go to the polls. We will have two referendums now to engage with next year. Making sure that those referendums run smoothly means that we have to have a good set of laws in place so we have taken the prudent step of making sure this bill sets out those rules and puts in place a single set of rules to govern the conduct of both referendums.Both will have slightly different origins. This House has already passed the End of Life Choice Act. That Act can come into force only upon a successful vote—or a Yes vote—at a referendum. So that will be one of the referendums that are conducted. And the other referendum which relates to the legalisation and regulation of cannabis comes through a different process. Both will be the subject of questions that are as simple as possible but both questions are slightly different to recognise that in one case there is an enacted piece of legislation and in the other there is a draft piece of legislation which at least the parties in Government have said they will be bound by the result from.So the Referendums Framework Bill draws on the basic foundations of our electoral law that have been in place for a long time. It does not seek to be specific to any particular referendum. It is a generic bill providing for those basic rules and it provides those mechanics that we expect to be in place for the referendums for next year. The bill enables the Electoral Commission to conduct the referendums using the same voting places and the same voting staff as for the general election—that would make sense—and it provides for the counting of the referendum votes and the release of the results either with or following the release of the general election results. We know that on election night whatever the designated election day is the priority will be getting out the results relating to the candidates and the parties. The results related to the referendums will almost certainly follow and the bill provides for that as well. Also the bill provides that the offence and penalty provisions in the Electoral Act apply to similar offences committed in relation to referendums.One of the big concerns that many submitters to the original bill had was the possibility that these two very sensitive very important issues that the New Zealand electorate is being asked to express a collective view on would be subject to campaigns where some interests might have very deep pockets others not so much. So to the best extent possible we want to level the playing field—equalise the chances—to make sure that no one has an undue advantage. The same rules that apply to advertising for candidates and parties in the general election will apply to the referendums. And of course we've also foreshadowed earlier today a slight change in the advertising rules so that online advertising—advertising on social media—must now carry that attribution statement. New Zealand voters are entitled to know who it is who is seeking to influence and persuade them in the exercise of their vote. That will mean that we do have a set of rules and laws that have some integrity some fairness and mean that people can vote with a degree of confidence and indeed enter the public debate that these referendums will almost certainly engender with a sense of confidence that no one is getting an unfair advantage or no one is being unfairly shut out.With all these things the big challenge is often striking the balance between openness and transparency and freedom of expression but also making sure that those with the means don't seek to unfairly influence and distort the true expression of the electorate's opinion. So with those matters in mind the rules will require promoters of referendum advertisements to put their promoter statement on any advertisement and to register if they intend to spend more than $13200 on referendum advertising during the regulated three-month period prior to the designated election day. As well as that the registered promoters will also be required to submit a return of their expenses to the Electoral Commission if they spend over $100000 and there will be an overall limit on the amount that can be spent of $330000. Those are the rules that will apply when it comes to spending and to those who seek to influence the outcome of the referendums.The bill also addresses some minor areas of difference from some rules that apply to the election which reflect the nature of referendums. So as I said there'll be no preliminary count on election day itself; that will follow but the results will be duly released so people will know what that result is. It's very important that we put in place very fair rules very transparent rules so that the public debate when conducted is one conducted in a spirit of openness and fairness. That is what this bill seeks to achieve. I know that members opposite were concerned about some sort of procedural aspects of it. The reality is that this is a measure designed to deal with the exigency of referendums in the 2020 general election.I think it is right when those submitters who came to the select committee to say we ought to have a standing framework for referendums particularly those that accompany a general election—I agree with that and I'm very keen to see in due course a framework put in place that aligns with our electoral laws to allow that to happen. What has become apparent the more I look at—and I know officials look at—our electoral law at the moment is it is very clear that that is a law that is well overdue for an overhaul and it may well be that in subsequent Parliaments that work will get under way where we look at both the requirements for our electoral law generally and also for the conduct of referendums as well.On that note I'm very pleased with where this has ended up. This sets us up for a good fair election for next year and I commend the bill to the House.