Referenda (Postal Voting) Act 2000

1: Title
This Act is the Referenda (Postal Voting) Act 2000.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
3: Interpretation
1: In this Act, unless the context otherwise requires,— applicant Part 6 application section 52 citizens initiated referendum
a: that a person promotes under the Citizens Initiated Referenda Act 1993
b: that is specified in an Order in Council made under section 5(b) Clerk of the House court section 6 district Electoral Act 1993 elector Electoral Commission section 4B electoral roll sections 101 103
a: means the forms that the Electoral Commission Electoral Act 1993
b: includes the forms deemed by sections 89C and 89F electorate code give public notice
a: publish a notice in the Gazette
b: issue a press statement government initiated referendum
a: that the New Zealand Government initiates; and
b: that is specified in an Order in Council made under section 5(a) hearing Minister New Zealand Post Limited
a: means the company incorporated under the Companies Act 1993 State-Owned Enterprises Act 1986
b: includes any subsidiary of that company official publicity campaign panel person complained of postal voting preliminary referendum roll section 14(1) processed section 42 proposal section 6(1) question section 11 referendum referendum material referendum roll section 21(1) Registrar of Births and Deaths Births, Deaths, Marriages, and Relationships Registration Act 2021 Registrar of the court respondent response returned Returning Officer
a: means the Returning Officer referred to in section 8(1)
b: includes the Returning Officer's deputy; and
c: includes any person acting under a delegation under section 11(1) Returning Officer's copy of the roll section 24 roll identifier number Electoral Commission supplementary referendum roll section 22(1) voting paper
a: when used in the definition of returned, and in sections 7(3)﻿(b) 39 to 50
b: when used in sections 66 68 74 77 80(1)﻿(c)
i: the detachable part of a voting paper in the prescribed form; or
ii: a voting paper in the prescribed form:
c: when used elsewhere in this Act, means a voting paper in the prescribed form voting period section 30 working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: a day in the period commencing with 25 December in any year and ending with 15 January in the following year.
2: A reference to a numbered form is a reference to the form so numbered in Schedule 1 1997 No 13 s 3 Section 3(1) Chief Registrar repealed 1 July 2012 section 60(2) Electoral (Administration) Amendment Act 2011 Section 3(1) Electoral Commission inserted 1 July 2012 section 60(3) Electoral (Administration) Amendment Act 2011 Section 3(1) electoral roll amended 21 March 2017 section 114 Electoral Amendment Act 2017 Section 3(1) electoral roll amended 25 March 2014 section 49 Electoral Amendment Act 2014 Section 3(1) Registrar repealed 21 March 2017 section 114 Electoral Amendment Act 2017 Section 3(1) Registrar of Births and Deaths amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 3(1) Registrar of Births and Deaths amended 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 3(1) roll identifier number amended 1 July 2012 section 60(4) Electoral (Administration) Amendment Act 2011 Section 3(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 3(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013
4: Purposes
The purposes of this Act are to—
a: provide for the use of postal voting for government initiated referenda; and
b: provide for the use of postal voting for citizens initiated referenda.
5: Act applies to specified indicative referenda
1: This Act applies if the Governor-General makes an Order in Council—
a: providing that a specified government initiated referendum must be conducted by postal voting; or
b: providing that a specified citizens initiated referendum must be conducted by postal voting.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 5(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Voting paper for postal voting
6: Wording of proposals, responses, and questions
1: The wording of each proposal to be put to electors in a government initiated referendum is specified by the Governor-General by Order in Council. The Order in Council must also specify the wording of each response for which electors may vote.
2: The wording of the question to be put to electors in a citizens initiated referendum is the wording of which notice is given under section 13
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 6(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7: Form of voting paper
1: The voting paper used in a government initiated referendum—
a: must have a heading that—
i: begins with the words REFERENDUM ON
ii: states the subject of the referendum; and
b: must have an explanatory note that—
i: has the heading Explanation
ii: explains—
A: the purpose of the voting paper; and
B: the effect of the referendum; and
iii: specifies—
A: the referendum material, if any, accompanying the voting paper that summarises the subject of the referendum; and
B: the title and date of government publications, if any, intended to provide electors with a full description of the subject of the referendum; and
c: must also—
i: set out the proposal and responses worded as specified in an Order in Council made under section 6(1)
ii: set out instructions on how to vote and how to return the voting paper; and
iii: provide a space for electors to indicate the response for which they wish to vote; and
iv: set out the following numbers:
A: the elector's roll identifier number, which must be unique to that elector:
B: the elector's electorate code:
C: the voting paper's number, which must be a number in a consecutive sequence that starts at 1; and
v: be in the prescribed form.
2: The voting paper used in a citizens initiated referendum must be in the form prescribed in section 28 1997 No 13 s 6
3: Officials
8: Returning Officer
1: The Electoral Commission must designate an Electoral Commissioner to be the Returning Officer for a referendum.
2: The Returning Officer is, under the direction of the Electoral Commission, charged with the duty of implementing this Act, except Part 4
3: The Returning Officer must, as his or her first duty, make a declaration in form 1 1997 No 13 s 7 Section 8(1) substituted 1 October 2010 section 32(2)﻿(b) Electoral (Administration) Amendment Act 2010 Section 8(2) substituted 1 October 2010 section 32(2)﻿(b) Electoral (Administration) Amendment Act 2010
9: Returning Officer may employ or engage persons
1: The Returning Officer may employ or engage such persons as the Returning Officer considers are required for the purposes of a referendum.
2: A person engaged under subsection (1) may employ or engage such persons as the person considers are required for the purposes of the referendum.
3: Every person employed or engaged under subsection (1) or subsection (2)—
a: is under the direction of the Returning Officer; and
b: must, as the person's first duty, make a declaration in form 1 1997 No 13 s 8
10: Electoral Commission
1: The Electoral Commission is charged with the duty of implementing Part 4
2: For the purposes of implementing Part 4 1997 No 13 s 9 Section 10 replaced 1 July 2012 section 60(5) Electoral (Administration) Amendment Act 2011
11: Delegation by Returning Officer or
Electoral Commission
1: The Returning Officer may, either generally or particularly, delegate any of the Returning Officer's functions, powers, rights, and duties, except this power of delegation, to—
a: any specified person employed or engaged under section 9
b: persons of a specified class employed or engaged under section 9
2: A delegation under this section must be made in writing, and the document must be signed by the maker of the delegation.
3: Section 73 section 9 1997 No 13 s 10 Section 11 heading amended 1 July 2012 section 60(6) Electoral (Administration) Amendment Act 2011 Section 11(2) replaced 1 July 2012 section 60(7) Electoral (Administration) Amendment Act 2011 Section 11(3) replaced 1 July 2012 section 60(7) Electoral (Administration) Amendment Act 2011
12: Provisions applying to delegations
1: The provisions of this section apply to a delegation under section 11
2: Subject to any general or particular directions given or conditions imposed from time to time by the maker of the delegation, the delegate may exercise the functions, powers, rights, or duties in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.
3: Every person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.
4: A delegation does not affect or prevent the performance or exercise of any function, power, right, or duty by its maker.
5: A delegation continues in force according to its tenor until it is revoked.
6: If the maker ceases to hold office, the delegation continues to have effect as if made by the successor in office of the maker.
7: The maker, or a successor, may revoke the delegation at any time by written notice to the delegate. 1997 No 13 s 11
4: Rolls of electors
Purpose of rolls
13: Purposes of rolls
1: Every preliminary referendum roll printed under section 14(3)
a: it is, for the purposes of the Electoral Act 1993
b: it facilitates the holding of a referendum.
2: The purpose of every unprinted preliminary referendum roll, the referendum roll, and the supplementary referendum roll is to facilitate the holding of a referendum. 1997 No 13 s 12 Preliminary referendum rolls
14: Preliminary referendum rolls
1: The preliminary referendum roll for each district is a list of all persons whose names are lawfully on the electoral roll for the district on a date to be appointed for the closing of the preliminary referendum rolls.
2: The Electoral Commission Gazette
3: The Electoral Commission must print the preliminary referendum roll for each district as soon as practicable after the appointed date.
4: No printed preliminary referendum roll is to list any person whose details are not published or available under the Electoral Act 1993 Electoral Commission section 115 1997 No 13 s 13 Section 14(2) amended 1 July 2012 section 60(8)﻿(a) Electoral (Administration) Amendment Act 2011 Section 14(3) replaced 21 March 2017 section 114 Electoral Amendment Act 2017 Section 14(4) amended 1 July 2012 section 60(8)﻿(a) Electoral (Administration) Amendment Act 2011
15: Form of printed preliminary referendum rolls
1: Although every printed preliminary referendum roll is the main roll for the district, section 106
2: Every printed preliminary referendum roll must show, in alphabetical order of surnames, the following details for each person listed:
a: name:
b: postal address:
c: occupation, if any.
3: The names on each page of every printed preliminary referendum roll must be numbered consecutively, beginning with the number 1 for the first name on each page.
4: The pages of every printed preliminary referendum roll must be numbered consecutively, beginning with the number 1 for the first page. 1997 No 13 s 14
16: Section 110 of the Electoral Act 1993 not to apply to printed preliminary referendum rolls
Although every printed preliminary referendum roll is the main roll for the district, section 110 sections 17 18 1997 No 13 s 15
17: Public inspection of printed preliminary referendum rolls
1: Copies of the printed preliminary referendum roll must be kept at the office of the Electoral Commission for
2: Any person may inspect the printed preliminary referendum roll—
a: at the office of the Electoral Commission for the district
b: without payment; and
c: at any time between 9 am and 4 pm on any day on which the office is open for the transaction of business, until 4 pm on the day before the first day of the voting period.
3: Copies of the printed preliminary referendum roll must also be kept at such other places within the district as the Minister or the Electoral Commission
4: Any person may inspect the printed preliminary referendum roll, without payment, at a place at which it is kept as a result of a direction under subsection (3).
5: Every person holding a copy of a printed preliminary referendum roll as a result of a direction under subsection (3) must return it to the office of the Electoral Commission for
6: The right of inspection conferred by subsections (2) and (4) does not include the rights to copy or purchase the whole or any part of the printed preliminary referendum roll. 1997 No 13 s 16 Section 17(1) amended 21 March 2017 section 114 Electoral Amendment Act 2017 Section 17(2)﻿(a) amended 21 March 2017 section 114 Electoral Amendment Act 2017 Section 17(3) amended 1 July 2012 section 60(8)﻿(b) Electoral (Administration) Amendment Act 2011 Section 17(5) amended 21 March 2017 section 114 Electoral Amendment Act 2017
18: Public use of printed preliminary referendum rolls
1: Any person may use a copy of a printed preliminary referendum roll for the purposes of—
a: checking that persons qualified to be on it are on it:
b: checking that persons not qualified to be on it are not on it:
c: encouraging persons qualified to be on it, whether or not they are, to apply for registration as electors under the Electoral Act 1993
2: A person who wants to use a printed preliminary referendum roll for these purposes must—
a: complete a form, provided by the Electoral Commission
b: state in the form that—
i: the roll is required for the purposes set out in subsection (1); and
ii: the roll will not be used for any other purpose.
3: If a person applies for a copy of a roll and completes the form, the Electoral Commission
4: Every person holding a copy of a printed preliminary referendum roll as a result of an application under subsection (2) must return it to the office of the Electoral Commission
5: The right to use a printed preliminary referendum roll conferred by subsection (1) does not include the right to copy the whole or any part of it. 1997 No 13 s 17 Section 18(2)﻿(a) amended 1 July 2012 section 60(8)﻿(c) Electoral (Administration) Amendment Act 2011 Section 18(3) amended 1 July 2012 section 60(8)﻿(c) Electoral (Administration) Amendment Act 2011 Section 18(4) amended 1 July 2012 section 60(8)﻿(c) Electoral (Administration) Amendment Act 2011
19: Supply of electoral information under Electoral Act 1993
Nothing in this Act prevents the making of a request for electoral information under the following sections of the Electoral Act 1993
a: section 111
b: section 112
c: section 114 Section 19(c) substituted 18 March 2002 section 101(3) Electoral Amendment Act 2002
20: Objections to registration
1: A person registered as an elector under the Electoral Act 1993 Electoral Act 1993
2: An objection must be made before the date appointed for the closing of the referendum roll under section 21(2)
3: Sections 95(2) 95A to 95D 97 1997 No 13 s 18 Referendum roll and supplementary referendum roll
21: Referendum roll
1: The referendum roll is a list of all persons whose names are lawfully on any electoral roll for any district on a date to be appointed for the closing of the referendum roll.
2: The Governor-General must appoint, by Order in Council, the date for the closing of the referendum roll.
3: The Electoral Commission
4: An order under this section is secondary legislation ( see Part 3 1997 No 13 s 19 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 21(3) amended 1 July 2012 section 60(8)﻿(d) Electoral (Administration) Amendment Act 2011 Section 21(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
22: Supplementary referendum roll
1: The supplementary referendum roll is a list of all persons who meet the following criteria:
a: the person's name does not appear on the referendum roll; and
b: the person makes an application, that is received before the commencement of the voting period, under the Electoral Act 1993
c: the person is qualified, at the time of making the application, to be registered as an elector of a district under the Electoral Act 1993
2: For the purposes of subsection (1)﻿(b), an application is received before the commencement of the voting period if—
a: the application, or the envelope in which it is contained, bears a postmark or date stamp impressed at any New Zealand Post Limited outlet or agency before the commencement of the voting period; or
b: the applicant produces a receipt that relates to the application and that was issued by any New Zealand Post Limited outlet or agency before the commencement of the voting period.
3: The Electoral Commission 1997 No 13 s 20 Section 22(3) amended 1 July 2012 section 60(8)﻿(e) Electoral (Administration) Amendment Act 2011
23: Form of referendum roll and supplementary referendum roll
The referendum roll and the supplementary referendum roll must—
a: be in electronic form; and
b: contain the following details for each person listed:
i: full name:
ii: postal address:
iii: occupation, if any:
iv: preferred honorific:
v: date of birth:
vi: electorate code:
vii: roll identifier number. 1997 No 13 s 21
24: Supply of copy of rolls to Returning Officer
At the request of the Returning Officer, the Electoral Commission 1997 No 13 s 22 Section 24 amended 1 July 2012 section 60(8)﻿(f) Electoral (Administration) Amendment Act 2011
25: Persons who qualify to register as electors after close of roll
1: This section applies to every person who—
a: will become qualified, after the close of the roll and before the end of the voting period, to be registered as an elector of a district under the Electoral Act 1993
b: makes an application, that is received before the commencement of the voting period, under the Electoral Act 1993
2: Such a person is entitled—
a: to be listed in the referendum roll or the supplementary referendum roll as an elector of the district; and
b: to be registered as an elector of the district on the day on which the person becomes qualified to be registered, without making any further application.
3: For the purposes of subsection (1)﻿(b), an application is received before the commencement of the voting period if—
a: the application, or the envelope in which it is contained, bears a postmark or date stamp impressed at any New Zealand Post Limited outlet or agency before the commencement of the voting period; or
b: the applicant produces a receipt that relates to the application and that was issued by any New Zealand Post Limited outlet or agency before the commencement of the voting period. 1997 No 13 s 23
26: Persons who, at commencement of voting period, are dead or disqualified or removed from roll
1: The Electoral Commission
2: The first category is every elector—
a: who is dead; and
b: whose death has been notified to the Electoral Commission
i: by any Registrar of Births and Deaths; or
ii: by the father, mother, spouse, civil union partner, or de facto partner of the elector or by a sister or brother of the elector; and
c: of whose identity the Electoral Commission
3: The second category is every elector who is disqualified from registration as an elector under section 80
4: The third category is every elector whose name has been removed from a roll under—
a: section 95B section 96 section 97
b: section 20(3)
5: The Electoral Commission
a: in electronic form; and
b: as soon as practicable after the Electoral Commission
6: The Returning Officer must make a mark on the Returning Officer's copy of the roll, by the elector's name, to indicate that the elector is dead, disqualified, or removed from a roll. 1997 No 13 s 24 Section 26(1) amended 1 July 2012 section 60(9) Electoral (Administration) Amendment Act 2011 Section 26(2)﻿(b) amended 21 March 2017 section 114 Electoral Amendment Act 2017 Section 26(2)﻿(b)﻿(ii) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 26(2)﻿(c) amended 21 March 2017 section 114 Electoral Amendment Act 2017 Section 26(5) amended 1 July 2012 section 60(9) Electoral (Administration) Amendment Act 2011 Section 26(5)﻿(b) amended 1 July 2012 section 60(9) Electoral (Administration) Amendment Act 2011
27: Protection of referendum roll and supplementary referendum roll
1: The referendum roll and the supplementary referendum roll must not be printed or made available for purchase or public inspection in any form.
2: Every person who has a copy of the referendum roll or the supplementary referendum roll must, as soon as practicable after the declaration of the result of the referendum under section 49
a: erase from any electronic storage medium held by that person, and delete from any electronic system used by that person, any copy of the whole or any part of the referendum roll and the supplementary referendum roll and any mark made under any of sections 26(6) 34(3)﻿(b) 35(5) 42(2)﻿(b)
b: make a declaration to the Electoral Commission
3: Subsection (2) does not apply to the Returning Officer acting under section 50(1)﻿(b) section 50(2) 1997 No 13 s 25 Section 27(2)﻿(b) amended 1 July 2012 section 60(8)﻿(g) Electoral (Administration) Amendment Act 2011
28: Supply and protection of information used for any official publicity campaign
1: At the request in writing of the panel, the Electoral Commission
2: The information is a list of every person whose name appears on the referendum roll or supplementary referendum roll, except any person whose details are not published or available under the Electoral Act 1993 Electoral Commission section 115
a: full name:
b: postal address:
c: preferred honorific, if any.
3: The panel may supply to any person, for the purposes of a task required for the official publicity campaign, any or all of the information supplied under subsection (1) or the original or a copy of any electronic storage medium on which the information was supplied.
4: As soon as practicable after the conclusion of the official publicity campaign, the panel must—
a: erase from any electronic storage medium held by the panel, and delete from any electronic system used by the panel, any information supplied under subsection (1); and
b: make a declaration to the Electoral Commission
5: As soon as practicable after completing every task for which information was supplied under subsection (3), the person must—
a: erase from any electronic storage medium held by that person, and delete from any electronic system used by that person, any information supplied under subsection (3); and
b: make a declaration to the Electoral Commission 1997 No 13 s 26 Section 28(1) amended 1 July 2012 section 60(8)﻿(h) Electoral (Administration) Amendment Act 2011 Section 28(2) amended 1 July 2012 section 60(8)﻿(h) Electoral (Administration) Amendment Act 2011 Section 28(4)﻿(b) amended 1 July 2012 section 60(8)﻿(h) Electoral (Administration) Amendment Act 2011 Section 28(5)﻿(b) amended 1 July 2012 section 60(8)﻿(h) Electoral (Administration) Amendment Act 2011
5: Conduct of referendum
29: Who may vote
Every elector is qualified to vote at the referendum. 1997 No 13 s 27
30: Voting period
1: The voting period commences at the start of the 21st day before the day appointed under this section for the close of the voting period.
2: The voting period closes at 7 pm on a Friday to be appointed by the Governor-General by Order in Council.
3: The Governor-General may, from time to time, before the commencement of the voting period, by Order in Council,—
a: revoke an Order in Council made under subsection (2) and appoint a later Friday:
b: revoke any Order in Council made under section 21(2)
4: The Governor-General may not make an Order in Council under subsection (3) if, in relation to a citizens initiated referendum,—
a: the House of Representatives has passed a resolution of a kind described in section 22AB(4) or (6)
b: the Governor-General has exercised the power in section 22AB(8)
5: This section is affected by section 22AB
6: An order under this section is secondary legislation ( see Part 3 1997 No 13 s 28 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 30(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Dispatching voting papers
31: Meaning of dispatched
A voting paper is dispatched by the Returning Officer to an elector when,—
a: if the voting paper is posted under section 33 section 34
b: if the voting paper is faxed under section 35(4)﻿(a)
c: if the relevant parts of the voting paper are dictated under section 35(4)﻿(b) 1997 No 13 s 29
32: Period for dispatching voting papers
The Returning Officer may dispatch voting papers at any time after the start of the voting period but not later than midnight on the day before the voting period ends. 1997 No 13 s 30
33: Dispatching voting papers by post
1: As soon as practicable after the commencement of the voting period, the Returning Officer must post each elector 1 voting paper addressed to the elector at the address shown against the elector's name on the Returning Officer's copy of the roll.
2: In order to carry out his or her duty under subsection (1), the Returning Officer may place voting papers in the custody of New Zealand Post Limited on the day before the first day of the voting period. 1997 No 13 s 31
34: Dispatching replacement voting papers by post
1: An elector may apply to the Returning Officer for a replacement voting paper, on the grounds that he or she has—
a: spoilt, destroyed, or lost his or her voting paper; or
b: not received his or her voting paper.
2: An application must—
a: be made before noon on the fourth to last day of the voting period; and
b: be made in the prescribed manner; and
c: contain the elector's current postal address.
3: If the Returning Officer is satisfied that the person is an elector, the Returning Officer must—
a: post the elector 1 voting paper addressed to the elector at his or her current postal address; and
b: make a mark on the Returning Officer's copy of the roll, by the elector's name, to indicate that the Returning Officer posted a replacement voting paper to the elector; and
c: provide the Electoral Commission 1997 No 13 s 32 Section 34(3)﻿(c) amended 1 July 2012 section 60(8)﻿(i) Electoral (Administration) Amendment Act 2011
35: Dispatching voting papers by fax or dictation
1: A person may apply to the Returning Officer to have the voting paper faxed to him or her, on the grounds that he or she—
a: is an elector; and
b: will be, or is, during the voting period,—
i: on Tokelau, Campbell Island, or Raoul Island; or
ii: in the Ross Dependency; or
iii: on a fishing vessel; or
iv: in some remote location overseas; and
c: will not receive, or has not received, a voting paper posted to him or her at the address shown against his or her name on the Returning Officer's copy of the roll; and
d: cannot reasonably be expected, in all the circumstances, to make, or to have made, his or her own arrangements for the voting paper to be forwarded to him or her; and
e: has access to a fax machine; and
f: consents to the Returning Officer faxing the voting paper to him or her.
2: A person may apply to the Returning Officer to have the relevant parts of the voting paper dictated to him or her, on the grounds that he or she—
a: is an elector; and
b: will be, or is, during the voting period,—
i: on Tokelau, Campbell Island, or Raoul Island; or
ii: in the Ross Dependency; or
iii: on a fishing vessel; and
c: will not receive, or has not received, a voting paper posted to him or her at the address shown against his or her name on the Returning Officer's copy of the roll; and
d: cannot reasonably be expected, in all the circumstances, to make, or to have made, his or her own arrangements for the voting paper to be forwarded to him or her; and
e: does not have access to a fax machine; and
f: consents to the Returning Officer dictating the relevant parts of the voting paper to him or her.
3: An application under this section must—
a: be made before noon on the third to last day of the voting period; and
b: be made in the prescribed manner.
4: If the Returning Officer is satisfied that subsection (1) or subsection (2) applies to an elector, the Returning Officer may, in accordance with regulations made under this Act, if any,—
a: fax the voting paper to the elector; or
b: dictate the relevant parts of the voting paper to the elector.
5: The Returning Officer must make a mark on the Returning Officer's copy of the roll, by the elector's name, to indicate that the voting paper has been faxed, or its relevant parts dictated, to the elector under subsection (4). 1997 No 13 s 33
36: Envelopes and information accompanying voting papers
1: When the Returning Officer posts a voting paper under section 33 section 34
a: a postage-paid envelope addressed to the Returning Officer, if the address shown against the elector's name on the Returning Officer's copy of the roll is an address in New Zealand; or
b: an envelope addressed to the Returning Officer, if the address shown against the elector's name on the Returning Officer's copy of the roll is an address outside New Zealand.
2: When the Returning Officer posts under section 33 section 34 section 35(4)﻿(a)
a: must post or fax with it a copy of the referendum material, if any; and
b: may post or fax with it information, in any language or languages, on how to vote and how to return the voting paper. 1997 No 13 s 34
37: Extension of voting period
1: The Returning Officer may extend the voting period if he or she is of the opinion that industrial action, natural disaster, adverse weather conditions, or any other thing has had, or will have, the effect of—
a: delaying the dispatch of voting papers so much that electors have not had, or will not have, a reasonable opportunity to vote and return their voting papers before the close of the voting period; or
b: delaying the return of voting papers so much that voting papers that would otherwise have been returned before the close of the voting period will not be returned by that time.
2: An extension may apply to—
a: the whole of New Zealand; or
b: an area or areas of New Zealand; or
c: any or all of Tokelau, Campbell Island, Raoul Island, or the Ross Dependency.
3: The Returning Officer may extend the voting period as many times as he or she thinks necessary. Each extension is to be for the period the Returning Officer thinks necessary, up to a maximum of 14 days.
4: As soon as practicable, the Returning Officer must give—
a: public notice of every extension of the voting period; and
b: such other notice of the extension as he or she thinks fit.
5: Subsection (6) applies even though the Returning Officer extends the voting period in relation to—
a: an area or areas of New Zealand; or
b: any or all of Tokelau, Campbell Island, Raoul Island, or the Ross Dependency.
6: The Returning Officer may, after the voting period has closed in the rest of New Zealand, from time to time give public notice of the results of voting in the whole or part of the rest of New Zealand. 1997 No 13 s 35 Marking and returning voting papers
38: Method of voting
1: The elector votes by marking the voting paper with a tick within the space provided for the response for which the elector wishes to vote.
2: The voting paper may be marked in the manner described in subsection (3) if an elector—
a: is visually impaired; or
b: is unable to read or write for any reason; or
c: is not sufficiently familiar with any language or languages used on the voting paper to vote without assistance.
3: The manner is—
a: by the elector, with the assistance of a person authorised by the elector; or
b: by a person authorised by the elector, in accordance with the elector's instructions.
4: An elector to whom the Returning Officer has dictated the relevant parts of the voting paper under section 35(4)﻿(b) 1997 No 13 s 36
39: Return of voting papers to Returning Officer
1: An elector to whom a voting paper was faxed under section 35(4)﻿(a)
2: Any other elector may return the voting paper by—
a: delivering it by hand to the office of the Returning Officer; or
b: posting it to the office of the Returning Officer.
3: The voting paper may be, but does not have to be, enclosed in an envelope addressed to the Returning Officer.
4: An elector to whom section 38(2)
a: assist the elector to comply with subsection (1); or
b: comply with that subsection on behalf of the elector.
5: When an elector votes in accordance with section 38(4) 1997 No 13 s 37
40: Times for return of voting papers
1: A voting paper returned by post, or by hand, or by fax must be returned before 7 pm on the last day of the voting period.
2: However, a voting paper may be returned by post after the last day of the voting period as long as—
a: it is returned before noon on the fourth day after the last day of the voting period; and
b: it bears a postmark or date stamp, either on its envelope (if any) or on the voting paper itself, that was impressed—
i: on a day during the voting period, by a postal operator registered under section 27
ii: before or on the second to last day of the voting period, in any country outside of New Zealand.
3: A voting paper returned under section 39(4) 1997 No 13 s 38
41: Voting papers returned late
If any voting papers or envelopes containing voting papers are returned, but not in accordance with section 40
a: enclose them in 1 or more parcels; and
b: seal each parcel and mark it Disallowed, received late 1997 No 13 s 39 Progressive processing of voting papers
42: Processing of voting papers
1: As soon as practicable after any voting paper is returned in accordance with section 40
2: The Returning Officer must, in a manner that preserves the secrecy of the vote,—
a: if the voting paper is in an envelope, extract the voting paper; and
b: make a mark on the Returning Officer's copy of the roll, by the elector's name, to indicate that the voting paper dispatched to that elector has been returned; and
c: if the voting paper is valid, record the elector's vote as marked or as informal; and
d: if the voting paper is invalid, record the voting paper as invalid and the reasons for its invalidity; and
e: place the voting paper in secure storage under the control of the Returning Officer.
3: The Returning Officer may carry out the duties in subsection (2) by any method and procedure he or she thinks fit, including the use of computer technology. 1997 No 13 s 40
43: Informal voting papers
A voting paper is informal if the Returning Officer is satisfied that the voting paper does not clearly indicate the response for which the elector wished to vote. 1997 No 13 s 41
44: Invalid voting papers
A voting paper is invalid if the Returning Officer is satisfied that the voting paper—
a: is a forgery or a copy; or
b: was dispatched by the Returning Officer to a person whose roll identifier number was supplied to the Returning Officer under section 26
c: was posted to an elector under section 33
i: a voting paper was also posted under section 34 section 35(4)﻿(a)
ii: the relevant parts of the voting paper were also dictated to the elector under section 35(4)﻿(b)
d: was marked by a person other than—
i: the elector intended to receive the voting paper; or
ii: if section 38(2)
iii: if section 38(4)
e: was marked in breach of section 74(2) section 75(1)
f: was not returned in accordance with section 40
g: if returned by fax, is not a true copy of the original voting paper marked by the elector; or
h: is damaged in such a way as to prevent it being processed. 1997 No 13 s 42
45: Protection of secrecy during processing
1: The Returning Officer must ensure that—
a: the processing of voting papers is conducted at the office of the Returning Officer or in premises authorised by the Returning Officer; and
b: when the office of the Returning Officer or any other premises are being used for the processing of voting papers, a sign is placed outside the office or premises stating that this is the case and that entry is prohibited without the express authorisation of the Returning Officer; and
c: no person, without the express authorisation of the Returning Officer, enters the office of the Returning Officer or any other premises when the sign is in place.
2: The Returning Officer must take all reasonable steps to ensure the safe custody of all returned voting papers until they have been sent to the Clerk of the House under section 50
3: Despite section 46(1) 1997 No 13 s 43(1)﻿(a)–(c), (2)
46: Publicity during processing
1: The Returning Officer must ensure that the result of voting is not calculated, whether partially or finally, before 7 pm on the last day of the voting period.
2: Despite subsection (1), the Returning Officer may from time to time during the voting period issue a press statement giving the total number of votes received at a date specified in the statement, but not the number of votes received for each response. 1997 No 13 s 43(1)﻿(d)
47: Supervision of processing
1: In this section,— duty Judge Justice place
2: After consultation with the Chief District Court Judge, the Minister must appoint as many District Court Judges or retired District Court Judges to observe the processing of voting papers as the Minister considers necessary.
3: The Minister may also appoint as many Justices of the Peace to observe the processing of voting papers as the Minister considers necessary.
4: A Justice—
a: is subject, in the exercise of his or her duty, to the direction of any Judge who is present at the place; but
b: may exercise his or her duty whether or not any Judge is present at the place.
5: A Judge must finally determine whether or not any voting paper is valid or informal, if asked to do so by the Returning Officer.
6: A Justice must not finally determine whether or not any voting paper is valid or informal. 1997 No 13 s 44 Announcing results
48: Procedure after close of voting period
As soon as practicable after 7 pm on the last day of the voting period, the Returning Officer must—
a: calculate the number of votes received for each response from the voting papers processed as at 7 pm on the last day of the voting period; and
b: issue a press statement giving the numbers; and
c: complete the processing of voting papers returned in accordance with section 40 1997 No 13 s 45
49: Declaration of result of referendum
When all the voting papers returned in accordance with section 40
a: calculate the total number of votes received for each response; and
b: declare the result of the referendum by giving public notice of it in form 2
c: give public notice of the following for each district:
i: the votes received for each response; and
ii: the number of informal votes. 1997 No 13 s 46
50: Disposal of voting papers and rolls
1: As soon as practicable after declaring the result of the referendum, the Returning Officer must—
a: enclose and securely seal in 1 or more separate parcels—
i: all returned voting papers, used or unused; and
ii: the record of informal and invalid voting papers; and
iii: the Returning Officer's copy of the roll; and
b: send the parcels to the Clerk of the House.
2: The Clerk of the House must,—
a: as soon as practicable, sign a receipt for the parcels and send it to the Returning Officer; and
b: keep the parcels safely for 6 months unopened, unless a court of competent jurisdiction or the House of Representatives orders them, or any of them, to be opened; and
c: ensure that at the end of 6 months the parcels are destroyed unopened in the presence of the Clerk of the House.
3: Section 190 1997 No 13 s 47 Advertising
51: Advertisers to be identified
1: This section does not apply to an advertisement—
a: relating to any aspect of a referendum; and
b: published or broadcast by—
i: the panel; or
ii: the Returning Officer; or
iii: the Electoral Commission
c: containing a statement or symbol indicating that the advertisement has been authorised by one of those persons.
2: This section does not apply to the publication or broadcast of any news or comments relating to any aspect of a referendum.
3: A person who publishes or broadcasts an advertisement relating to any aspect of a referendum must include in the advertisement a statement setting out the true name of the person who commissioned it and that person's postal address. Section 51(1)﻿(b)﻿(iii) amended 1 July 2012 section 60(8)﻿(j) Electoral (Administration) Amendment Act 2011
6: Application for inquiry into conduct of referendum
Applicants
52: Who may be applicants
1: Any group of electors dissatisfied with the result of a referendum may apply to the High Court for an inquiry into the conduct of the referendum or of any person connected with it.
2: A group may make an application only if it has at least 200 members. 1993 No 101 s 48(1) Respondents
53: Who may be respondents
1: Any group of electors may file notice of its intention to oppose an application, if there is only 1, or to oppose specified applications, if there are more than 1.
2: A group may file such a notice only if it has at least 24 members.
3: The notice must be in the prescribed form.
4: Such a notice must be filed at least 3 working days before the day fixed for the start of the hearing.
5: A group filing such a notice within that time becomes a respondent to the application or applications. 1993 No 101 s 49
54: Who may be respondents
The person complained of is a respondent to the application if the person is—
a: the Returning Officer; or
b: a person employed or engaged under section 9
c: the Electoral Commission
d: an employee of New Zealand Post Limited; or
e: a person acting under a delegation under section 11 1993 No 101 s 48(2) Section 54(c) amended 1 July 2012 section 60(8)﻿(k) Electoral (Administration) Amendment Act 2011 Making of application
55: Application form
1: The application must be in form 3
2: The application must state the specific grounds on which the applicant is dissatisfied with the result of the referendum. 1993 No 101 s 48(3), (4)
56: Application to be filed in Wellington High Court
An applicant makes its application by filing the application in the High Court in Wellington. 1993 No 101 s 48(4)
57: Time for making application
An applicant must make its application within 20 working days after the Returning Officer has declared the result of the referendum under section 49(b) 1993 No 101 s 48(1)
58: Application to be sent to Returning Officer
The Registrar of the court must send a copy of the application to the Returning Officer as soon as practicable after it is filed. 1993 No 101 s 48(4)
59: Application to be served on respondents
1: An application must be served on a group that becomes a respondent under section 53
2: An application that asks for an inquiry into the conduct of a person connected with the referendum must be served on the person complained of as soon as practicable after it is made.
3: An application must be served in a manner as close as possible to that in which a statement of claim is served. 1993 No 101 s 48(5) Hearing of application
60: Matters to be inquired into at hearing
1: At the hearing, the court has jurisdiction to inquire into and adjudicate on any matter relating to the application in any manner that the court thinks fit.
2: The court may give leave for grounds other than those stated in the application to be inquired into. The leave may be given on any terms and conditions that the court considers just.
3: Evidence may be given to prove that the total number of valid votes recorded for each of the 2 answers to the precise question was other than that declared, without any applicant having to state that as a ground of dissatisfaction or the court having to give leave for that ground to be inquired into.
4: The sections of the Electoral Act 1993
5: The sections of the Electoral Act 1993 sections 232 to 234 235 236(1), (2), (4) to (7) 240 241 242 247 to 255 256(1)﻿(a) and (b) 257 1993 No 101 s 48(3) Court's decision
61: Decision of court as to result of referendum
At the end of a hearing, the court must do one of the following:
a: it must determine the total number of valid votes recorded for each response; or
b: it must determine whether the referendum is void because of some irregularity that in the court's opinion materially affected the result of the referendum. 1993 No 101 s 50
62: Fresh referendum
1: If the court declares a referendum void under section 61
2: The Registrar of the court must notify the Returning Officer that the referendum has been declared void.
3: Despite section 30
4: The voting period for a fresh referendum closes at 7 pm on a Friday to be appointed by the Returning Officer by notice in the Gazette
5: At the fresh referendum the same roll of electors must be used as was used at the voided referendum. 1993 No 101 s 51
7: Offences
63: Officials
1: This section applies to the following persons:
a: the Returning Officer:
b: any person employed or engaged under section 9
c: the Electoral Commission
d: any employee of New Zealand Post Limited:
e: any person acting under a delegation under section 11
2: Every such person commits an offence if the person uses or discloses information acquired in connection with the referendum by that person in the capacity described in subsection (1), knowing that the use or disclosure is not required or permitted for the performance of that person's official duty.
3: Every person who commits an offence against this section is guilty of a corrupt practice for the purposes of the Electoral Act 1993 1997 No 13 s 49 Section 63(1)﻿(c) amended 1 July 2012 section 60(8)﻿(l) Electoral (Administration) Amendment Act 2011
64: Rolls
1: Every person commits an offence and is liable on
a: who removes a copy of a printed preliminary referendum roll from any place where it is kept under section 17(1) or (3) Electoral Commission
b: who fails, without reasonable excuse, to comply with section 17(5)
c: who fails, without reasonable excuse, to comply with section 18(4)
2: Every person commits an offence and is liable on
a: who knowingly copies the whole or any part of a copy of a printed preliminary referendum roll; or
b: who knowingly supplies or receives the whole or any part of a copy of a printed preliminary referendum roll, except for the purposes of section 17(3) section 18(3)
c: who knowingly uses the whole or any part of a copy of a printed preliminary referendum roll, except for the purposes of—
i: checking that persons qualified to be on it are on it:
ii: checking that persons not qualified to be on it are not on it:
iii: encouraging persons qualified to be on it, whether or not they are, to apply for registration as electors under the Electoral Act 1993
d: who fails, without reasonable excuse, to comply with section 27(2)
3: Every person commits an offence and is liable on
a: the whole or any part of an unprinted preliminary referendum roll, the referendum roll, or the supplementary referendum roll, including any mark made under any of sections 26(6) 34(3)﻿(b) 35(5) 42(2)﻿(b)
b: the whole or any part of any copy of an unprinted preliminary referendum roll, the referendum roll, or the supplementary referendum roll, including any mark made under any of sections 26(6) 34(3)﻿(b) 35(5) 42(2)﻿(b) 1997 No 13 s 50 Section 64(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 64(1)﻿(a) amended 21 March 2017 section 114 Electoral Amendment Act 2017 Section 64(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 64(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
65: Official publicity campaign
1: Every person who knowingly copies, supplies, receives, or uses any information supplied under section 28(1) or (3)
2: Every person who fails, without reasonable excuse, to comply with section 28(4) or (5) 1997 No 13 s 51 Section 65(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 65(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
66: Influencing electors generally
1: This section applies to any person who, at any time during the 3 days immediately before the commencement of the voting period or during the voting period, prints or distributes or delivers to any person anything—
a: that is or purports to be an imitation of the voting paper, together with any direction or indication as to the response for which any person should or should not vote; or
b: that is or purports to be an imitation of the voting paper and that has on it any matter likely to influence any vote.
2: Every such person commits an offence and is liable on
3: Nothing in this section applies to anything said or done—
a: for the purposes of the official publicity campaign; or
b: for the purposes of the referendum, by—
i: the Returning Officer; or
ii: a person employed or engaged under section 9
iii: a person acting under a delegation under section 11 1997 No 13 s 52 Section 66(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
67: Advertisers
Every person to whom section 51 1997 No 13 s 53 Section 67 amended 1 July 2013 section 413 Criminal Procedure Act 2011
68: Voting papers
1: Every person commits an offence who—
a: forges, or counterfeits, or fraudulently defaces, or fraudulently destroys a voting paper or an envelope containing a voting paper; or
b: supplies a voting paper to any person knowing that the person is not the person intended to receive the voting paper; or
c: dictates the relevant parts of the voting paper to a person, knowing that the person is not the person to whom the parts were intended to be dictated; or
d: without due authority, destroys, takes, or interferes with a voting paper or an envelope containing a voting paper—
i: in use for the purposes of the referendum; or
ii: kept after the declaration of the result as a record of the referendum.
2: Every person who commits an offence against this section is liable on conviction
a: if the Returning Officer, or any person employed or engaged under section 9 section 11
b: if any other person, to imprisonment for a term not exceeding 6 months.
3: Every person who commits an offence against this section is guilty of a corrupt practice for the purposes of the Electoral Act 1993 1997 No 13 s 54 Section 68(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
69: Bribery by any person at any time
1: In this section,—
a: references to an elector include a person who claims to have a right to vote at a referendum:
b: references to giving money include the following actions in relation to any money or valuable consideration:
i: giving it; or
ii: lending it; or
iii: agreeing to give or lend it; or
iv: offering it; or
v: promising it; or
vi: promising to get, or to try to get, it:
c: references to getting any office include the following actions in relation to any office, place, or employment:
i: giving it; or
ii: getting it; or
iii: agreeing to give or get it; or
iv: offering it; or
v: promising it; or
vi: promising to get, or to try to get, it.
2: This section does not apply to money paid, or agreed to be paid, for or on account of any legal expenses incurred in good faith at or concerning a referendum.
3: Every person commits the offence of bribery who—
a: gives any money to, or gets any office for, an elector in order to induce the elector to vote or refrain from voting at the referendum; or
b: gives any money to, or gets any office for, a person, on behalf of an elector, in order to induce the elector to vote or refrain from voting at the referendum; or
c: gives any money to, or gets any office for, a person in order to induce an elector to vote or refrain from voting at the referendum; or
d: corruptly does an act described in any of paragraphs (a) to (c) on account of an elector having voted or refrained from voting at the referendum; or
e: makes a gift to, or gets an office for, a person in order to induce that person to get, or try to get, the vote of any elector at the referendum.
4: A person commits the offence described in subsection (3) whether he or she does the act described there—
a: directly or indirectly:
b: on his or her own or through another person.
5: Every person commits the offence of bribery who—
a: offers or pays or causes to be paid any money to, or for the use of, any other person intending that the money or part of it will be expended in bribery at a referendum; or
b: knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or partly expended in bribery at a referendum.
6: Every person who commits the offence of bribery is guilty of a corrupt practice for the purposes of the Electoral Act 1993 1997 No 13 ss 55(1), (4), (5) 56
70: Bribery by any person after voting period
1: Every person commits the offence of bribery if, after the voting period, he or she receives any money or valuable consideration on account of—
a: any person having voted or refrained from voting at the referendum; or
b: any person having induced any other person to vote or refrain from voting at the referendum.
2: A person commits the offence described in subsection (1) whether he or she does the act described there—
a: directly or indirectly:
b: on his or her own or through another person.
3: Every person who commits the offence of bribery is guilty of a corrupt practice for the purposes of the Electoral Act 1993 1997 No 13 s 55(4), (5)
71: Bribery by elector before or during voting period
1: In this section, elector
2: An elector commits the offence of bribery if he or she receives, or agrees to receive, or contracts for, any money, gift, loan, valuable consideration, office, place, or employment for himself or herself, or for any other person, for—
a: voting or agreeing to vote at the referendum; or
b: refraining or agreeing to refrain from voting at the referendum.
3: An elector commits the offence described in subsection (2) whether he or she does the act described there—
a: before or during the voting period:
b: directly or indirectly:
c: on his or her own or through another person.
4: Every elector who commits the offence of bribery is guilty of a corrupt practice for the purposes of the Electoral Act 1993 1997 No 13 ss 55(3), (5) 56
72: Treating
1: Every person commits the offence of treating who corruptly gives or provides, or pays wholly or partly the cost of giving or providing, any food, drink, entertainment, or provision to or for any person—
a: for the purpose of corruptly influencing that person or any other person to vote or refrain from voting at a referendum; or
b: on account of that person or any other person having voted or refrained from voting, or being about to vote or refrain from voting, at a referendum.
2: A person commits the offence described in subsection (1) whether he or she does the act described there—
a: before, during, or after the voting period:
b: directly or indirectly:
c: on his or her own or through another person.
3: Every person who is the holder of a licence for the retail sale of alcohol Sale and Supply of Alcohol Act 2012
a: to any person when the supply is demanded for the purpose of treating; or
b: to any persons, whether electors or not, for the purpose of getting votes for any response, and without receiving payment for it at the time when it is supplied.
4: Every elector who corruptly accepts or takes any such food, drink, entertainment, or provision also commits the offence of treating.
5: Every person who commits the offence of treating is guilty of a corrupt practice for the purposes of the Electoral Act 1993 1997 No 13 s 57 Section 72(3) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012
73: Undue influence
1: Every person commits the offence of undue influence who makes use of, or threatens to make use of, any force, violence, or restraint upon or against any person—
a: in order to induce or compel that person to vote for any response; or
b: on account of that person having voted for any response; or
c: on account of that person having voted or refrained from voting at a referendum.
2: A person commits the offence described in subsection (1) whether he or she does an act described there—
a: directly or indirectly:
b: on his or her own or through another person.
3: Every person commits the offence of undue influence who, by abduction, duress, or any fraudulent device or means,—
a: impedes or prevents the free exercise of the vote of any elector at a referendum; or
b: compels, induces, or prevails upon any elector either to vote or to refrain from voting at a referendum.
4: Every person who commits the offence of undue influence is guilty of a corrupt practice for the purposes of the Electoral Act 1993 1997 No 13 s 58
74: Voting
1: Every person commits an offence and is liable on
a: is present in accordance with section 38(3)
b: communicates at any time to any person any information obtained as to the response for which the voter is about to vote or has voted.
2: Every person commits an offence and is liable on
a: who—
i: is authorised by a voter to mark the voting paper under section 38(3)﻿(b)
ii: is the Returning Officer or a person acting under a delegation under section 11(1) section 38(4)
b: who does not mark the voting paper in accordance with the voter's instructions.
3: Every person who, except for a lawful purpose, interferes with or attempts to interfere with a voter marking his or her voting paper at the referendum commits an offence and is liable on 1997 No 13 s 59 Section 74(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 74(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 74(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
75: Personation
1: Every person commits the offence of personation who—
a: marks any voting paper knowing that he or she is not the person intended to receive the voting paper; or
b: dictates a vote knowing that he or she is not the person to whom the relevant parts of the voting paper were intended to be dictated; or
c: having returned a voting paper, returns another voting paper with the intention of returning an additional valid voting paper, whether or not any voting paper he or she returns is valid.
2: If the Returning Officer believes that any person has committed an offence against this section, the Returning Officer must report the facts on which that belief is based to the Police.
3: Every person who commits, or aids, abets, counsels, or procures the commission of, the offence of personation is guilty of a corrupt practice for the purposes of the Electoral Act 1993 1997 No 13 s 60
76: Processing
1: Every person who, without the express authorisation of the Returning Officer, enters the office of the Returning Officer or any other premises when the sign referred to in section 45(1)﻿(b)
2: If the Returning Officer, or a person acting under a delegation under section 11(1) section 45(2)
3: Every person commits an offence who is present at the processing of voting papers and—
a: fails to maintain and aid in maintaining the secrecy of the voting; or
b: communicates any information obtained at the processing of voting papers as to the response for which any vote is given in any particular voting paper.
4: Every person who commits an offence against subsection (3) is guilty of a corrupt practice for the purposes of the Electoral Act 1993 1997 No 13 s 61 Section 76(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 76(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Miscellaneous
77: Property may be stated as being in Returning Officer
In any prosecution for an offence in relation to any voting paper or any envelope containing any voting paper, the property in the voting paper or envelope may be stated as being in the Returning Officer. 1997 No 13 s 62
8: Miscellaneous provisions
78: Validation of irregularities
1: In the circumstances described in subsection (2), the Governor-General may, by Order in Council, do any of the things described in subsection (3).
2: The circumstances are—
a: if anything is omitted to be done at the time required by or under this Act; or
b: if anything cannot be done at the time required by or under this Act; or
c: if anything is done before or after the time required by or under this Act; or
d: if anything is otherwise irregularly done in matter of form; or
e: if sufficient provision for something that needs to be done is not made by or under this Act.
3: The things are—
a: at any time before or after the time within which the thing is required to be done, to extend that time; or
b: to validate anything done before or after the time required; or
c: to validate anything irregularly done in matter of form; or
d: to make such other provision for the case as the Governor-General thinks fit.
4: An order under this section is secondary legislation ( see Part 3 1997 No 13 s 63 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 78(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
79: Two or more referenda
Two or more referenda may be held during the same voting period or during overlapping voting periods.
80: Regulations and rules
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing forms for the purposes of this Act:
b: prescribing the manner in which an application for a replacement voting paper must be made:
c: providing for the faxing of voting papers under section 35(4)﻿(a)
d: providing for the dictation of the relevant parts of voting papers under section 35(4)﻿(b) section 38(4)
e: applying, with or without modifications, for the purposes of this Act, the provisions of the Electoral Act 1993
f: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
2: Rules of court may be made in the manner prescribed by the Senior Courts Act 2016
3: Regulations under subsection (1) are secondary legislation ( see Part 3 1997 No 13 s 65 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 80(2) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 80(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
81: Enactments amended
The enactments specified in Schedule 2 1997 No 13 s 64
9: Amendments to Citizens Initiated Referenda Act 1993
82: Part to be part of the Citizens Initiated Referenda Act 1993
This Part is part of the Citizens Initiated Referenda Act 1993 the principal Act
83: Interpretation
Amendment(s) incorporated in the Act(s)
84: Part heading substituted
Amendment(s) incorporated in the Act(s)
85: Prohibitions
Amendment(s) incorporated in the Act(s)
86: New sections 22 to 22AB substituted
Amendment(s) incorporated in the Act(s)
87: Part heading substituted
Amendment(s) incorporated in the Act(s)
88: New sections 24 to 26C substituted
Amendment(s) incorporated in the Act(s)
89: Endorsement and return of the writ
Amendment(s) incorporated in the Act(s)
90: New sections 40 and 40AA substituted
Amendment(s) incorporated in the Act(s)
91: New Part heading substituted
Amendment(s) incorporated in the Act(s)
92: Publicity for indicative referendum
Amendment(s) incorporated in the Act(s)
93: Returns in relation to advertisements
Amendment(s) incorporated in the Act(s)
94: Duty of Chief Electoral Officer
Section 94 repealed 28 February 2002 section 101(5) Electoral Amendment Act 2002
95: Return to be open for public inspection
Section 95 repealed 28 February 2002 section 101(5) Electoral Amendment Act 2002
96: Part heading substituted
Amendment(s) incorporated in the Act(s)
97: New headings and sections 48 to 51G substituted
Amendment(s) incorporated in the Act(s)
98: New Part heading substituted
Amendment(s) incorporated in the Act(s)
99: Part heading substituted
Amendment(s) incorporated in the Act(s)
100: New section 55 substituted
Amendment(s) incorporated in the Act(s)
101: New section 58A inserted
Amendment(s) incorporated in the Act(s)
102: Schedule amended
1:
2: Amendment(s) incorporated in the Act(s) Section 102(1) repealed 28 February 2002 section 101(5) Electoral Amendment Act 2002
103: Consequential repeals
Amendment(s) incorporated in the Act(s).