Local Restoration Polls Act 1990

1: Short Title and commencement
1: This Act may be cited as the Local Restoration Polls Act 1990.
2: This Act shall come into force on 1 April 1990.
2: Interpretation
In this Act, unless the context otherwise requires,— elector section 2 of the Electoral Act 1956 general election
3: No-licence district defined
1: In this Act, the term no-licence district
a: the Roskill, Wellington East, Grey Lynn, and Eden no-licence districts as constituted immediately before 1 April 1990; and
b: the district described in section 253 Sale of Liquor Act 1989
2: Notwithstanding anything in subsection (1), where the boundary of the Roskill, Wellington East, Grey Lynn, or Eden no-licence district, or the Tawa special district passes through any parcel of land that is wholly or partially outside the district and that has a residential address within the district, the parcel of land shall be deemed to be included within the district. 1910 No 46 s 2 1989 No 63 s 230(1)
4: Local restoration poll to be taken on day of general election
1: On the day appointed for the taking of the poll (in this Act called the electoral poll) of the electors of each electoral district for the return of a member of Parliament for the district, at every general election after the commencement of this Act, and simultaneously therewith, a poll (in this Act called the local restoration poll) of the electors of each no-licence district shall be taken upon the question whether licences shall be restored in that district (in this Act called the restoration question).
2: The restoration question shall be submitted in the voting paper in form 1
3: The local restoration poll shall be taken in every no-licence district, even where in the electoral district or districts in which a no-licence district is situated no electoral poll is required.
4: If at any time Parliament is dissolved before it has been 2 years in existence, then at the taking of the electoral poll for the new Parliament no local restoration poll shall be taken, but the result of the local restoration poll taken at the then last previous general election shall continue in force until such local restoration poll is again taken simultaneously with the general election next after the dissolution of such new Parliament.
5: The provisions of the Electoral Act 1956
6: The electoral rolls for the time being in force under the Electoral Act 1956 1908 No 104 s 12 1910 No 46 s 8
5: Returning Officer for no-licence district
1: The Electoral Commission must
2: The Returning Officer for every electoral district in which any part of the no-licence district is situated shall supply to the Returning Officer for the no-licence district a certificate of the total number of votes recorded in the electoral district at the poll, and of the number of votes so recorded in favour of each proposal submitted at the poll.
3: The Returning Officer for the no-licence district shall give public notice and declare the result of the poll, and shall include therein the numbers certified as aforesaid by the Returning Officers for the electoral districts in which any parts of the no-licence districts are situated.
4: Except as provided in subsection (3) and in section 13
5: Nothing in subsection (4) shall be deemed to affect the functions or powers of the Returning Officer for the no-licence district in respect of any matters arising after the declaration of the result of the poll. 1946 No 40 s 51(3) Section 5(1) amended 1 October 2010 section 32(2)﻿(b) Electoral (Administration) Amendment Act 2010
6: Names of electors
The names of the persons who, as electors of any electoral district in which is situated the whole or any part of the no-licence district and as residents in the no-licence district, are entitled to vote at the local restoration poll shall be indicated by appropriate words, abbreviations, or marks on the electoral roll for that electoral district. 1946 No 40 s 51(4)
7: Provisions for taking local restoration poll
The local restoration poll shall be taken as follows:
a: the Electoral Commission must
b: the Returning Officer for every electoral district in which any part of the no-licence district is situated shall, upon the day referred to in section 4(1)
c: the Deputy Returning Officers, poll clerks, interpreters, and ushers appointed for the taking of the electoral poll shall, by virtue of being so appointed, be, in addition, Deputy Returning Officers, poll clerks, interpreters, and ushers for the taking of the local restoration poll:
d: the polling booths in each no-licence district for the taking of the local restoration poll shall be the same as those used at the taking of the electoral poll:
e: the voting paper for the local restoration poll shall be issued in the same manner as the ballot paper for the electoral poll, and the voting paper and the ballot paper shall be given simultaneously to the elector:
f: the voter shall vote by marking the voting paper with a tick within the circle immediately after the proposal for which the voter wishes to vote. 1908 No 104 s 14(1)﻿(b), (g), (h), (i), (k) Section 7(a) amended 1 October 2010 section 32(2)﻿(b) Electoral (Administration) Amendment Act 2010
8: Appropriation
All expenses incidental to the taking of a local restoration poll shall be paid out of money appropriated by Parliament for the purpose. 1908 No 104 s 14(1)﻿(n)
9: Nomination of scrutineers by electors in favour of no-licence
Any 10 or more electors who are in favour of the proposal that no licences be granted in the district may, by nomination paper under their hands, nominate any 2 specified persons to appoint 1 scrutineer to act at each polling booth in the district in the interest of all electors who are in favour of that proposal. 1908 No 104 s 15
10: Nomination of scrutineers by electors not in favour of no-licence
Any 10 or more electors who are not in favour of the proposal that no licences be granted in the district may, in like manner, nominate any 2 specified persons to appoint 1 scrutineer to act at each polling booth in the interest of all electors who are not in favour of that proposal. 1908 No 104 s 16
11: Form of nomination
The nomination paper shall be in form 2 1908 No 104 s 17
12: Nomination paper to be lodged with Returning Officer
The nomination paper shall be lodged with the Returning Officer for the no-licence district not later than the 12th day before polling day, and shall be open to public inspection. 1908 No 104 s 18
13: Returning Officer to select fit persons to appoint scrutineers
On a day to be publicly notified by the Returning Officer for the no-licence district, being not earlier than the tenth nor later than the fifth day before polling day, the Returning Officer shall publicly consider all the nomination papers duly lodged, and, after hearing all objections, select 2 fit persons to appoint one scrutineer, and 2 fit persons to appoint the other scrutineer, to act at each polling booth in the respective interests as aforesaid; and the persons so selected may appoint accordingly. 1908 No 104 s 19
14: Selection to be in writing
The selection shall be by writing under the hand of the Returning Officer for the no-licence district, and shall be in form 3 1908 No 104 s 20
15: Appointments to be in writing
The appointment shall in each case be by writing under the hands of the persons selected, and shall be in form 4 1908 No 104 s 21
16: Powers and rights of scrutineers
Every scrutineer so appointed shall, for the purposes of the local restoration poll, have all the powers and rights of a scrutineer under the Electoral Act 1956 1908 No 104 s 22
17: Remuneration of scrutineers not expenses of poll
The remuneration (if any) of the scrutineers shall not be expenses incidental to the taking of the local restoration poll. 1908 No 104 s 23
18: Declaration of result
The form for giving public notice in accordance with section 116(1) of the Electoral Act 1956 form 5
19: When proposal deemed to be carried
1: When on the taking of a local restoration poll in any no-licence district the number of votes recorded in favour of the proposal that licences be restored in the district exceeds the number of votes recorded against the proposal, the question shall be deemed to be carried, and the determination of the electors of that district shall be deemed to be in favour of the restoration of licences.
2: Subject to sections 20 26 section 116(1) of the Electoral Act 1956
3: On the coming into force of every such determination, this Act shall be deemed to be amended by the deletion of the name of the no-licence district from the definition of the term no-licence district in section 3 1910 No 46 s 9
20: Application to District Court Judge for recount
If the result of any local restoration poll is disputed on the ground that the public declaration by the Returning Officer for the no-licence district in accordance with section 116(1) of the Electoral Act 1956
a: any 6 electors may, within 3 working days after the public declaration, apply to a District Court Judge for a recount of the votes:
b: every such application shall be accompanied by a deposit of $200 (which deposit is inclusive of goods and services tax):
c: the District Court Judge shall cause a recount of the votes to be commenced within 3 working days of receiving the application, and shall give notice in writing to the applicants and to any scrutineers appointed under section 13
d: section 117(4)–(9) and section 118 of the Electoral Act 1956 1908 No 104 s 29
21: Publicity for local restoration poll
1: No person shall publish or cause or permit to be published in any newspaper, periodical, poster, or handbill, or broadcast or cause or permit to be broadcast over any radio or television station, any advertisement used or appearing to be used to promote one of the proposals in the local restoration poll unless the advertisement contains a statement setting out the true name of the person for whom or at whose direction it is published and the address of his or her place of residence or business.
2: Every person commits an offence and is liable on
3: Nothing in this section shall restrict the publication of any news or comments relating to the local restoration poll in a newspaper or other periodical or in a radio or television broadcast made by a broadcaster within the meaning of section 2 Section 21(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
22: Election expenses
For the purposes of section 139 of the Electoral Act 1956 election expenses section 139A of that Act Petitions
23: Sections of Electoral Act 1956 applied
1: The sections of the Electoral Act 1956 section 24
2: The sections of the Electoral Act 1956 sections 158 to 160, 161, 162(1), (2), (4), (5), 166, 167, 168, 173 to 181, 182(1)﻿(a), (b), and 183
24: Petition for inquiry
1: Where any 50 electors in a no-licence district are dissatisfied with the result of the local restoration poll in their district, they may, within 20 working days after the Returning Officer for the no-licence district has made a public declaration in accordance with section 116(1) of the Electoral Act 1956
2: If the petition complains of the conduct of any Returning Officer or Registrar of Electors, the person complained of shall be a respondent to the petition.
3: The petition shall allege the specific grounds on which the complaint is founded, and no other grounds than those stated shall be investigated, except by leave of the court and upon reasonable notice being given, which leave may be given upon such terms and conditions as the court considers just: provided that evidence may be given to prove that any proposal other than that declared to be carried was carried and not rejected, or was rejected and not carried.
4: Such petition shall be in form 6
5: The petition shall be served as nearly as may be in the manner in which a statement of claim is served, or in such other manner as may be prescribed by rules of court. 1908 No 104 s 30 1956 No 107 ss 156, 157
25: Who may be respondents
Any 6 electors in the no-licence district may, at any time not later than 3 working days before the commencement of the inquiry, file in the court in which the petition is filed a notice in writing of their intention to oppose the petition, and thereupon the electors giving such notice shall be deemed to be respondents to the petition. 1908 No 104 s 31
26: Determination of court as to result of local restoration poll
At the conclusion of the trial of a petition for an inquiry the court shall determine whether, by reason of some irregularity that in its opinion materially affected the result of the poll, the poll is void, or whether any and what proposal was duly carried. 1908 No 104 s 33(2)
27: Persons committing irregularities to be named in report
1: On such inquiry the court shall report in writing to the Minister of Justice the names of all persons found to have been guilty of any irregularity at or in connection with the poll, and shall state in such report whether or not in the opinion of the court any such irregularity tended to defeat the fairness of the poll, and whether or not such irregularity tended materially to affect the result thereof.
2: Every person shall be guilty of an irregularity within the meaning of subsection (1) who commits any offence described in section 29 1908 No 104 s 34
28: Fresh poll
1: Where any local restoration poll is declared void under section 26
2: At any such fresh local restoration poll the same roll of electors shall be used as was used at the voided poll. 1908 No 104 s 37
29: Offences
Every person commits an offence and shall be liable on
a: in any way interferes with any elector, either in the polling booth or while on his or her way thereto, with the intention of influencing the elector or advising him or her as to his or her vote; or
b: prints or distributes or delivers to any person on the day of the poll, or at any time during the 3 days immediately preceding the poll, anything being or purporting to be in imitation of any voting paper to be used at the poll, together with any direction or indication as to how any person should vote, or in any way containing any such direction or indication; or
c: during the hours in which the poll is being taken, makes any public demonstration having reference to the poll by means of living figures, effigies, paintings, placards, or other like means; or
d: obtains possession of or has in his or her possession any voting paper other than the one given to him or her by the Returning Officer for the purpose of recording his or her vote, or retains any voting paper in his or her possession after leaving the polling booth; or
e: refuses or neglects to comply with, or commits any breach of any of the provisions of this Act, or misleads or gives any misdirection to an elector in any matter relating to the elector's vote; or
f: does or omits to do any act that if done or omitted to be done at an electoral poll would be an offence under the Electoral Act 1956 1908 No 104 ss 14(2), 35 Section 29 amended 1 July 2013 section 413 Criminal Procedure Act 2011
30: Regulations
The Governor-General may from time to time, by Order in Council, make all such regulations as may be necessary or expedient for the purposes of giving full effect to the provisions of this Act and for the due administration thereof.
31: Amendments to Sale of Liquor Act 1989
Amendment(s) incorporated in the Act(s).
32: Repeal
The Licensing Amendment Act 1910