Compulsory Retirement Savings Scheme Referendum Act 1997

1: Short Title and commencement
1: This Act may be cited as the Compulsory Retirement Savings Scheme Referendum Act 1997.
2: This Act comes into force on the day after the date on which it receives the Royal assent.
2: Expiry
This Act expires, and is repealed, at the end of 6 months after the declaration of the result of the referendum under section 46
3: Interpretation
1: In this Act, unless the context otherwise requires,— Chief Registrar
a: Means the Chief Registrar of Electors referred to in section 9(1)
b: Includes the Chief Registrar's deputy; and
c: Includes any person acting under a delegation under section 10(2) Clerk of the House District Electoral Act 1993 Elector Electoral roll sections 101 to 103 Electoral Act 1993
a: Means the forms that the Registrar keeps of applications for registration of persons registered under the Electoral Act 1993
b: Includes the forms deemed by section 83(6) Electoral Act 1993 Electorate code Give public notice
a: Publish a notice in the Gazette
b: Issue a press statement: Minister New Zealand Post Limited
a: Means the company called New Zealand Post Limited incorporated under the Companies Act 1955 State-Owned Enterprises Act 1986
b: Includes that company on its reregistration under the Companies Act 1993 Official publicity campaign Panel Preliminary referendum roll section 13(1) Processed section 40 process processing Question section 5 Referendum roll section 19(1) Registrar
a: Means the Registrar of Electors appointed for that district under section 22 Electoral Act 1993
b: Includes the Registrar of Electors' deputy: Registrar of Births and Deaths Births, Deaths, and Marriages Registration Act 1995 Returned Returning Officer
a: Means the Returning Officer referred to in section 7(1)
b: Includes the Returning Officer's deputy; and
c: Includes any person acting under a delegation under section 10(1) Returning Officer's copy section 22 Roll identifier number Supplementary referendum roll section 20(1) Voting paper
a: When used in the definition of returned sections 6(3)(c) 37 to 47
b: When used in sections 52 54 59 to 62 65(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 28
2: A reference to a numbered form is a reference to the form so numbered in Schedule 1
1: Purpose and question
4: Purpose
The purpose of this Act is to provide for the holding of a referendum of electors, referred to in this Act as the referendum, on a proposal for a compulsory retirement savings scheme.
5: Question
The question to be put to electors at the referendum is— Do you support the proposed compulsory retirement savings scheme?
6: Form of voting paper
1: The voting paper must have the following heading: Referendum on the Compulsory Retirement Savings Scheme
.
2: The voting paper must have the following explanatory note: Explanation Use this voting paper to have your say on the proposed compulsory retirement savings scheme. A summary of the scheme is with this voting paper. A full description is in the [ title of Government publication describing the proposed compulsory retirement savings scheme date yes no .
3: The voting paper must—
a: Set out the question; and
b: Set out the following answers: YES I support the proposed compulsory retirement savings scheme NO I do not support the proposed compulsory retirement savings scheme ; and
c: Set out instructions on how to vote and how to return the voting paper; and
d: Provide a space for the voter to indicate the answer for which he or she wishes to vote; and
e: Set out the following numbers:
i: The elector's roll identifier number and the elector's electorate code; and
ii: The voting paper's number— in accordance with the following rules:
iii: An elector's roll identifier number must be unique to that elector; and
iv: A voting paper's number must be unique to that voting paper; and
v: Voting paper numbers must be in a consecutive sequence that starts at 1; and
f: Be in the prescribed form.
4: When printed, the voting paper must set out, in place of the italicised words and square brackets in subsection (2)
2: Officials
7: Returning Officer
1: The Chief Electoral Officer referred to in section 18 Electoral Act 1993
2: The Returning Officer is, under the direction of the Secretary for Justice, charged with the duty of implementing this Act (except Part 3
3: The Returning Officer must, as his or her first duty, make a declaration in form 1 before a Justice of the Peace or a solicitor.
8: 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 the referendum.
2: A person engaged under subsection (1)
3: Every person employed or engaged under subsection (1) (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
9: Chief Registrar of Electors
1: The Chief Registrar of Electors referred to in section 21 Electoral Act 1993 Part 3
2: For the purposes of implementing Part 3
10: Delegation by Returning Officer or Chief Registrar
1: The Returning Officer may, either generally or particularly, delegate to—
a: Any specified person employed or engaged under section 8(1)
b: Persons of a specified class employed or engaged under section 8(1) any of the Returning Officer's functions, powers, rights, and duties, except this power of delegation.
2: The Chief Registrar may, either generally or particularly, delegate to—
a: A specified employee of New Zealand Post Limited; or
b: Employees of New Zealand Post Limited of a specified class— any of the Chief Registrar's functions, powers, rights, and duties, except this power of delegation.
3: A delegation under this section must be made in writing, and the document must be signed by the maker of the delegation.
11: Provisions applying to delegations
1: The provisions of this section apply to a delegation under section 10
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.
3: Rolls of electors
12: Purposes of rolls
1: Every preliminary referendum roll printed under section 13(3)
a: It is, for the purposes of the Electoral Act 1993
b: It facilitates the holding of the referendum.
2: The purpose of every unprinted preliminary referendum roll, the referendum roll, and the supplementary referendum roll is to facilitate the holding of the referendum. Preliminary referendum rolls
13: 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 Chief Registrar must appoint the date for the closing of the preliminary referendum rolls and give notice of it in the Gazette
3: The Registrar of each district must print the preliminary referendum roll for the district as soon as practicable after that date.
4: No printed preliminary referendum roll is to list any person whose details are not published or available under the Electoral Act 1993 section 115
14: Form of printed preliminary referendum rolls
1: Although every printed preliminary referendum roll is the main roll for the district, section 106 Electoral Act 1993
2: Every printed preliminary referendum roll must show, in alphabetical order of surnames, the following details for each person listed:
a: Name; and
b: Postal address; and
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.
15: Section 110 of 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 Electoral Act 1993 sections 16 17
16: Public inspection of printed preliminary referendum rolls
1: Copies of the printed preliminary referendum roll must be kept at the office of the Registrar for the district.
2: Any person may inspect the printed preliminary referendum roll—
a: At the Registrar's office; and
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 Chief Registrar directs.
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)
6: The right of inspection conferred by subsections (2) (4)
17: 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 Chief Registrar, applying for a copy; and
b: State in the form that—
i: The roll is required for the purposes set out in subsection (1)
ii: The roll will not be used for any other purpose.
3: The Chief Registrar must supply, without charge, a copy of the roll applied for to a person who completes the form.
4: Every person holding a copy of a printed preliminary referendum roll as a result of an application under subsection (2)
5: The right to use a printed preliminary referendum roll conferred by subsection (1)
18: 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 19(2)
3: Sections 95(2) 95A to 95D 97 Electoral Act 1993 Referendum roll and supplementary referendum roll
19: 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 Chief Registrar must compile the referendum roll as soon as practicable after that date.
20: 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)
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 Chief Registrar must compile the supplementary referendum roll as soon as practicable after the commencement of the voting period.
21: 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; and
ii: Postal address; and
iii: Occupation (if any); and
iv: Preferred honorific (if any); and
v: Date of birth; and
vi: Electorate code; and
vii: Roll identifier number.
22: Supply of copy of rolls to Returning Officer
At the request of the Returning Officer, the Chief Registrar must supply the Returning Officer with a copy of the referendum roll and the supplementary referendum roll.
23: Persons who qualify to register as electors during voting period
1: This section applies to every person who—
a: Will become qualified, during 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 if that person were qualified to be registered 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)
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.
24: Persons who, at commencement of voting period, are dead or disqualified or removed from roll
1: The Chief Registrar must supply the Returning Officer with the roll identifier number of every elector who is on the referendum roll or the supplementary referendum roll but who, at the commencement of the voting period, falls into a category described in this section.
2: The first category is every elector—
a: Who is dead; and
b: Whose death has been notified to a Registrar—
i: By any Registrar of Births and Deaths; or
ii: By the father, mother, or spouse of the elector or by a sister or brother of the elector; and
c: Of whose identity the Registrar is satisfied.
3: The second category is every elector who is disqualified from registration as an elector under section 80 Electoral Act 1993
4: The third category is every elector whose name has been removed from a roll under—
a: Section 95B 96 97 Electoral Act 1993
b: Section 18(3)
5: The Chief Registrar must supply the roll identifier number—
a: In electronic form; and
b: As soon as practicable after the Chief Registrar ascertains it, and before the end of the voting period.
6: The Returning Officer must make a mark on the Returning Officer's copy, by the elector's name, to indicate that the elector is dead, disqualified, or removed from a roll.
25: 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 46
a: Erase from any computer tape, disk, or diskette 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 sections 24(6) 32(3)(b) 33(5) 40(2)(b)
b: Make a declaration to the Chief Registrar in the prescribed form that he or she has complied with paragraph (a)
3: Subsection (2) section 47(1)(b) section 47(2)
26: Supply and protection of information used for official publicity campaign
1: At the request in writing of the panel, the Chief Registrar must supply to the panel on computer tape the information described in subsection (2)
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 section 115
a: Full name; and
b: Postal address; and
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)
4: As soon as practicable after the conclusion of the official publicity campaign, the panel must—
a: Erase from any computer tape, disk, or diskette held by the panel, and delete from any electronic system used by the panel, any information supplied under subsection (1)
b: Make a declaration to the Chief Registrar in the prescribed form that it has complied with paragraph (a)
5: As soon as practicable after completing every task for which information was supplied under subsection (3)
a: Erase from any computer tape, disk, or diskette held by that person, and delete from any electronic system used by that person, any information supplied under subsection (3)
b: Make a declaration to the Chief Registrar in the prescribed form that the person has complied with paragraph (a)
4: Conduct of referendum
27: Who may vote
Every elector is qualified to vote at the referendum.
28: 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,—
a: From time to time, before the commencement of the voting period, revoke an Order in Council made under subsection (2)
b: As a consequence of making an order under paragraph (a) section 19(2) Dispatching voting papers
29: 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 31 32
b: If the voting paper is faxed under section 33(4)(a)
c: If the relevant parts of the voting paper are dictated under section 33(4)(b)
30: Period for dispatching voting papers
The period during which the Returning Officer may dispatch voting papers to electors—
a: Commences at the start of the first day of the voting period; and
b: Closes at midnight on the day before the last day of the voting period.
31: 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.
2: In order to carry out his or her duty under subsection (1)
32: Dispatching replacement voting papers by post
1: A person may apply to the Returning Officer for a replacement voting paper, on the grounds that—
a: He or she is an elector; and
b: He or she has—
i: Spoilt, destroyed, or lost his or her voting paper; or
ii: Not received his or her voting paper.
2: An application must—
a: Be made before noon on the second day before the 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, by the elector's name, to indicate that the Returning Officer posted a replacement voting paper to the elector; and
c: Provide the Chief Registrar with the name, date of birth, and current postal address of the elector, if the current postal address is different from the postal address shown on the Returning Officer's copy.
33: 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; 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; 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 must—
a: Be made before noon on the second day before the last day of the voting period; and
b: Be made in the prescribed manner.
4: If the Returning Officer is satisfied that subsection (1) (2)
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, 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)
34: Envelopes and information accompanying voting papers
1: When the Returning Officer posts a voting paper under section 31 32
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 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 is an address outside New Zealand.
2: When the Returning Officer posts or faxes a voting paper under sections 31 32 33(4)(a)
a: Must post or fax with it a copy of the summary of the compulsory retirement savings scheme prepared by the panel for the purpose; 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.
35: Extension of voting period
1: The Returning Officer may extend the voting period if he or she is of the opinion described in subsection (2)
2: The opinion is that industrial action, natural disaster, adverse weather conditions, or any other thing has had, or will have, the effect—
a: Of 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: Of 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.
3: 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.
4: 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.
5: 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.
6: 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,— 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. Marking and returning voting papers
36: Method of voting
1: The voter votes by marking the voting paper with a tick within the space provided for the answer for which the voter wishes to vote.
2: If any voter—
a: Is visually impaired; or
b: Is, for any reason, unable to read or write; or
c: Is not sufficiently familiar with any language or languages used on the voting paper to vote without assistance,— the voting paper may be marked in the manner described in subsection (3)
3: The manner is—
a: By the voter, with the assistance of a person authorised by the voter; or
b: By a person authorised by the voter, in accordance with the voter's instructions.
4: A voter to whom the Returning Officer has dictated the relevant parts of the voting paper under section 33(4)(b)
37: Return of voting papers to Returning Officer
1: A voter to whom a voting paper was faxed under section 33(4)(a)
2: Any other voter 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,— and the voting paper may be, but does not have to be, enclosed in an envelope addressed to the Returning Officer.
3: A voter to whom section 36(2)
a: Assist the voter to comply with subsection (1)
b: Comply with that subsection on behalf of the voter.
4: When a voter votes in accordance with section 36(4)
38: Times for return of voting papers
1: A voting paper returned by hand or fax must be returned before 7 pm on the last day of the voting period.
2: A voting paper returned by post must—
a: Be returned before noon on the 4th day after the last day of the voting period; and
b: Bear a postmark or date stamp, either on its envelope (if any) or on the voting paper itself, that was—
i: Impressed at any New Zealand Post Limited outlet or agency on a day during the voting period; or
ii: Impressed in any country outside New Zealand before or on the second to last day of the voting period.
3: A voting paper returned under section 37(4)
39: Voting papers returned late
If any voting papers or envelopes containing voting papers are returned, but not in accordance with section 38
a: Enclose them in 1 or more parcels; and
b: Seal each parcel and mark it Disallowed, received late Progressive processing of voting papers
40: Processing of voting papers
1: As soon as practicable after any voting paper is returned in accordance with section 38 subsection (2)
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, 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 voter's vote as yes no
d: If the voting paper is invalid, record the voting paper as invalid and the reason 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)
41: Informal voting papers
A voting paper is informal if the Returning Officer is satisfied that the voting paper does not clearly indicate the answer for which the voter wished to vote.
42: 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 24
c: Was posted to an elector under section 31
i: A voting paper was also posted or faxed to the elector under section 32 33(4)(a)
ii: The relevant parts of the voting paper were also dictated to the elector under section 33(4)(b)
d: Was marked by a person other than—
i: The elector intended to receive the voting paper; or
ii: If section 36(2)
iii: If section 36(4)
e: Was marked in breach of section 59(2) 60(1)
f: Was not returned in accordance with section 38
g: If returned by fax, is not a true copy of the original voting paper marked by the voter; or
h: Is damaged in such a way as to prevent it being processed.
43: 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; and
d: The result of voting is not calculated, whether partially or finally, before 7 pm on the last day of the voting period.
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 47
44: Supervision of processing
1: 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.
2: On the application of the Returning Officer, any person so appointed must finally determine whether or not any voting paper is valid or formal. Announcing results
45: 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 answer to the question 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 38
46: Declaration of result of referendum
When all the voting papers returned in accordance with section 38
a: Calculate the total number of votes received for each answer to the question; 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: the votes received for the answer Yes No
47: 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; 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 Electoral Act 1993 subsection (2) Advertising
48: Advertisers to be identified
1: This section does not apply to an advertisement—
a: Relating to any aspect of the referendum; and
b: Published or broadcast by—
i: The panel; or
ii: The Returning Officer; or
iii: The Chief Registrar; and
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 the referendum.
3: A person who publishes or broadcasts an advertisement relating to any aspect of the 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.
5: Offences
Offences
49: Officials
1: Every person commits an offence who, being—
a: The Returning Officer; or
b: Any person employed or engaged under section 8
c: The Chief Registrar; or
d: Any employee of New Zealand Post Limited; or
e: Any person acting under a delegation under section 10 uses or discloses information acquired by that person in that capacity in connection with the referendum, knowing that the use or disclosure is not required or permitted for the performance of that person's official duty.
2: Every person who commits an offence against this section is guilty of a corrupt practice for the purposes of the Electoral Act 1993
50: Rolls
1: Every person commits an offence and is liable on summary conviction to a fine not exceeding $2,000—
a: Who removes a copy of a printed preliminary referendum roll from any place where it is kept under section 16(1) (3)
b: Who fails, without reasonable excuse, to comply with section 16(5)
c: Who fails, without reasonable excuse, to comply with section 17(4)
2: Every person commits an offence and is liable on summary conviction to a fine not exceeding $50,000—
a: Who knowingly copies the whole or any part of a copy of a printed preliminary referendum roll:
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 16(3) 17(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 25(2)
3: Every person commits an offence and is liable on summary conviction to a fine not exceeding $100,000 who, except for the purposes of the referendum, knowingly copies, supplies, receives, or uses—
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 sections 24(6) 32(3)(b) 33(5) 40(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 sections 24(6) 32(3)(b) 33(5) 40(2)(b)
51: Official publicity campaign
1: Every person who knowingly copies, supplies, receives, or uses any information supplied under section 26(1) (3)
2: Every person who fails, without reasonable excuse, to comply with section 26(4) (5)
52: Influencing electors generally
1: Every 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 answer 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— commits an offence and is liable on summary conviction to a fine not exceeding $5,000.
2: 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 8
iii: A person acting under a delegation under section 10(1)
53: Advertisers
Every person to whom section 48
54: 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:
b: Supplies a voting paper to any person knowing that the person is not the person intended to receive the voting paper:
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:
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 on indictment,—
a: If the Returning Officer, or any person employed or engaged under section 8 section 10(1)
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
55: Bribery
1: Every person commits the offence of bribery who, directly or indirectly, on that person's own or by another person,—
a: Gives any money to or gets any office for any voter, or to or for any other person on behalf of any voter, or to or for any other person, in order to induce any voter to vote or refrain from voting at the referendum:
b: Corruptly does any such act on account of any voter having voted or refrained from voting at the referendum:
c: Makes a gift to or gets an office for any person in order to induce that person to get, or try to get, the vote of any voter at the referendum.
2: Every person commits the offence of bribery who—
a: Advances or pays or causes to be paid any money to or to the use of any other person intending that that money or any part of it will be expended in bribery at the referendum:
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 the referendum.
3: A voter commits the offence of bribery if, before or during the voting period, he or she directly or indirectly, on his or her own or by another person, receives, or agrees or contracts for, any money, gift, loan, or valuable consideration, office, place, or employment for himself or herself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting at the referendum.
4: Every person commits the offence of bribery if, after the voting period, the person directly or indirectly, on the person's own or by another person, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting at the referendum.
5: Every person who commits the offence of bribery is guilty of a corrupt practice for the purposes of the Electoral Act 1993
56: Interpretation provision for section 55
1: In section 55(1)
a: References to giving money include references to giving, lending, agreeing to give or lend, offering, promising, or promising to get or try to get, any money or valuable consideration:
b: References to getting any office include references to giving, getting, agreeing to give or get, offering, promising, or promising to get or to try to get, any office, place, or employment.
2: Section 55(1) (2)
3: In section 55(1) (3) voter
57: Treating
1: Every person commits the offence of treating who corruptly, on that person's own or by another person, either before, during, or after the voting period, directly or indirectly gives or provides, or pays wholly or partly the expense 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 the referendum:
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 the referendum.
2: Every person commits the offence of treating who, being the holder of a licence for the sale by retail of intoxicating liquor, before or during the voting period, knowingly supplies any food, drink, entertainment, or provision—
a: To any person where the supply is demanded for the purpose of treating:
b: To any persons, whether electors or not, for the purpose of getting votes for any answer to the question, and without receiving payment for it at the time when it is supplied.
3: Every elector who corruptly accepts or takes any such food, drink, entertainment, or provision also commits the offence of treating.
4: Every person who commits the offence of treating is guilty of a corrupt practice for the purposes of the Electoral Act 1993
58: Undue influence
1: Every person commits the offence of undue influence—
a: Who, directly or indirectly, on that person's own or by another person, makes use of or threatens to make use of any force, violence, or restraint upon or against any person—
i: In order to induce or compel that person to vote for any answer to the question:
ii: On account of that person having voted for any answer to the question:
iii: On account of that person having voted or refrained from voting at the referendum:
b: Who, by abduction, duress, or any fraudulent device or means,—
i: Impedes or prevents the free exercise of the vote of any elector at the referendum:
ii: Compels, induces, or prevails upon any elector either to vote or to refrain from voting at the referendum.
2: Every person who commits the offence of undue influence is guilty of a corrupt practice for the purposes of the Electoral Act 1993
59: Voting
1: Every person who—
a: Is present in accordance with section 36(3)
b: Communicates at any time to any person any information obtained as to the answer for which the voter is about to vote or has voted— commits an offence and is liable on summary conviction to a fine not exceeding $1,000.
2: Every person—
a: Who—
i: Is authorised by a voter to mark the voting paper under section 36(3)(b)
ii: Being the Returning Officer or a person acting under a delegation under section 10(1) section 36(4)
b: Does not mark the voting paper in accordance with the voter's instructions— commits an offence and is liable on summary conviction to a fine not exceeding $5,000.
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 summary conviction to a fine not exceeding $5,000.
60: 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:
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:
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
61: 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 43(1)(b)
2: If the Returning Officer, or a person acting under a delegation under section 10(1) section 43(2)
3: Every person commits an offence who, being present at the processing of voting papers,—
a: Fails to maintain and aid in maintaining the secrecy of the voting:
b: Communicates any information obtained at the processing of voting papers as to the answer for which any vote is given in any particular voting paper.
4: Every person who commits an offence against subsection (3) Electoral Act 1993 Miscellaneous
62: 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.
6: Miscellaneous provisions
63: Validation of irregularities
1: If—
a: Anything is omitted to be done at the time required by or under this Act; or
b: Anything cannot be done at the time required by or under this Act; or
c: Anything is done before or after the time required by or under this Act; or
d: Anything is otherwise irregularly done in matter of form; or
e: Sufficient provision is not made by or under this Act,— the Governor-General may, by Order in Council published in the Gazette subsection (2)
2: 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 he or she thinks fit.
64: Enactments amended
The enactments specified in Schedule 2
65: Regulations
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 33(4)(a)
d: Providing for the dictation of the relevant parts of voting papers under section 33(4)(b) section 36(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.