Electoral Referendum Act 2010

1: Title
This Act is the Electoral Referendum Act 2010.
2: Commencement
This Act comes into force on 1 January 2011.
3: Application of Act to conduct outside New Zealand
This Act applies in respect of the publication of a referendum advertisement—
a: in New Zealand, in any case where the promoter of the advertisement is outside New Zealand; and
b: outside New Zealand, in any case where the promoter of the advertisement is in New Zealand.
1: Preliminary provisions
4: Purpose of Act
The purpose of this Act is to make provision for an indicative referendum to be held in conjunction with the first general election after the commencement of this Act, in order to provide electors with the opportunity to express an opinion on the preferred system of voting for election to the House of Representatives in New Zealand.
5: Expiry
1: This Act expires and is repealed on the close of the day that is 6 months after the date on which the result of the referendum is declared.
2: Despite subsection (1)
a: if section 26
b: if section 74 subpart 1
i: on 1 November 2012; or
ii: 6 months after the date on which the result of the fresh referendum is declared, in the event that section 74 This Act expires and is repealed on the close of the day that is 6 months after the date on which the result of the referendum is declared. Electoral Referendum Act 2010
6: Interpretation
1: In this Act, unless the context otherwise requires,— 1993 Act Electoral Act 1993 general election 1993 Act mixed member proportional representation voting system MMP 1993 Act option
a: the 2 options for the question in Part A of the referendum voting paper; and
b: the 4 options for the question in Part B of that paper question referendum section 8 referendum voting paper Schedule 1
2: Unless the context otherwise requires, a term defined in the 1993 Act
3: The terms ballot box ballot paper poll polling 1993 Act
7: Act binds the Crown
This Act binds the Crown.
2: Provisions relating to referendum
1: Referendum on options for voting system
8: Referendum on day of general election
1: On the day appointed for the polling to take place for the general election, a referendum of electors must be held on each of the questions about the voting system set out in Parts A and B of the referendum voting paper in Schedule 1
2: Schedule 2
a: the mixed member proportional representation voting system; and
b: each of the options for the question in Part B of the referendum voting paper.
9: Application of Electoral Act 1993
1: The provisions of the 1993 Act
2: Subsection (1)
2: Conduct of referendum
Officers and polling places
10: Manager, returning officer, polling place officials, and polling places
1: The returning officer for a district, the manager of a polling place, and other officials appointed under the 1993 Act
2: The polling places appointed under section 155 Eligibility to vote at referendum
11: Who may vote
1: The persons who are qualified to vote at the referendum are those qualified under section 60
2: The electoral rolls for the purpose of the referendum are the electoral rolls that are in force under the 1993 Act Referendum voting paper
12: Issue of referendum voting paper
1: When a ballot paper is issued to a person qualified to vote at the general election, the issuing officer must also issue a referendum voting paper to that person.
2: Section 167(3)(b) and (c)
13: Method of voting
A person voting in the referendum must mark the referendum voting paper with a tick in the circle immediately beside—
a: the option in Part A that the person wishes to vote for:
b: the option in Part B that the person wishes to vote for.
3: Counting of votes and declaration of results
Certain provisions of 1993 Act not to apply
14: Provisions of 1993 Act not to apply to count of referendum votes
The following provisions of the 1993 Act
a: sections 160 172(4) to (7) 174F
b: sections 174 174B
c: section 176 Counting of early votes
15: Time at which preliminary count of early votes must begin
Despite section 174C(5)(a) section 174D(2)
a: in the case of the general election, in accordance with the requirements of section 174C(1) to (4) and (6)
b: in the case of the referendum, in accordance with the requirements of section 17 Procedure after close of poll
16: Referendum voting papers sent to returning officer before being counted
As soon as practicable after the close of the poll, the manager of a polling place must—
a: unseal the ballot boxes; and
b: separate the referendum voting papers from the ballot papers for the general election; and
c: enclose the used referendum voting papers and counterfoils, unused referendum voting papers, and spoilt referendum voting papers in parcels endorsed as required for ballot papers under section 174A(1)(b)
d: send those parcels to the returning officer.
17: Returning officer to count referendum votes for district
As soon as practicable after the parcels of referendum voting papers are received by a returning officer, the returning officer must, in the presence of a Justice of the Peace, ascertain the number of—
a: valid votes cast for each of the options for the question in Part A of the referendum voting paper; and
b: valid votes cast for each of the options for the question in Part B of that paper; and
c: informal votes for each Part of that paper.
18: Return of results of count to Electoral Commission
Each returning officer must, as soon as practicable after completing the count of the referendum votes, return the results of the count to the Electoral Commission. Determination and declaration of result of referendum
19: Determination of results by Electoral Commission
As soon as practicable after receiving the results of the count from each returning officer, the Electoral Commission must ascertain, from the results of the count returned by each returning officer under section 18
a: the total number of valid votes for all districts combined for each option for the question in Part A of the referendum voting paper; and
b: the total number of valid votes for all districts combined for each option for the question in Part B of that paper; and
c: the total number of informal votes for each Part of that paper.
20: Declaration of official result of referendum
1: The Electoral Commission must declare the result of the referendum by notice in the Gazette
a: the total number of valid votes cast for each option in relation to the question in each Part of the referendum voting paper—
i: for all districts combined; and
ii: for each district separately; and
b: the total number of informal votes cast in each Part of the referendum voting paper.
2: The notice required by subsection (1) section 139(1)
4: Petitions
21: Method of questioning referendum
1: The referendum may not be questioned except by petition to the High Court in accordance with this subpart.
2: Except as provided in this subpart, the provisions of this subpart apply instead of the provisions of Part 8
22: Petition for inquiry
1: If a group of 6 or more electors are dissatisfied with the result of the referendum, as declared by notice in the Gazette section 20(1)(a)
a: the referendum; or
b: any person connected with it.
2: A petition must specify the grounds of the complaint, which may only be that—
a: the result declared under section 20(1)(a)
b: irregularities in the conduct of the referendum or of any person connected with it materially affected the result.
3: A petition must be filed—
a: not later than 28 days after publication of the Gazette section 20(1)
b: in the form set out in Schedule 3
c: in the registry of the High Court nearest to the place where 1 or more of the petitioners live.
4: The Registrar of the High Court where the petition is filed must send a copy of the petition to the Electoral Commission.
23: Respondents
1: A group of 6 or more electors may, not later than 3 working days before the commencement of the inquiry, file a notice of intention to oppose a petition, and those persons are respondents to the petition.
2: If a petition relates to the conduct of the Electoral Commission or a returning officer, that person is a respondent to the petition.
24: Procedural matters
1: The provisions listed in subsection (2)
2: The provisions that apply under subsection (1)
a: the following sections of Part 8
i: sections 232 to 234
ii: sections 235 236(2) 240 241 242 247 to 249
iii: sections 250 to 255 256(1)(a) and (b)
iv: section 257
b: the Constituency Election Petition Rules 2008
25: Jurisdiction of High Court
1: A referendum petition under this subpart must be tried in open court without a jury.
2: The High Court may give leave for grounds other than those stated in the petition to be inquired into, on whatever terms and conditions that the court considers just.
3: Despite section 22(2)
a: receiving evidence that the number of valid votes cast for an option, whether across all districts or in a particular district, was higher or lower than the number declared under section 20(1)(a) and (b)
b: directing that there be a recount of some or all of the referendum votes.
4: At the conclusion of the trial of a petition, the court must either—
a: determine and declare—
i: the total number of valid votes recorded for each option in each of Parts A and B of the referendum voting paper; and
ii: the total number of informal votes cast; or
b: declare that the referendum is void because of an irregularity that, in the opinion of the court, materially affected the result of the referendum.
26: Fresh referendum
If the High Court declares the referendum to be void,—
a: the Registrar of the court must notify the Electoral Commission that the referendum is void; and
b: a fresh referendum must be held; and
c: not later than 30 working days after a declaration is made under section 25(4)(b)
d: the same roll of electors must be used at the fresh referendum as was used at the referendum declared to be void; and
e: a fresh referendum must be conducted in accordance with the provisions of this Act, with any necessary modifications, and to the extent that they are relevant. See section 5 in regard to Expiry provisions Electoral Referendum Act 2010
5: Offences and penalties
27: Application of provisions of Electoral Act 1993 in respect of referendum
The offences and penalties provided for in the 1993 Act
a: references to the poll taken for an election are to be read as references to the poll taken for the referendum; and
b: references to a ballot paper are to be read as references to a referendum voting paper; and
c: references to a candidate or a political party are to be read as references to an option for the question in Part A or in Part B of the referendum voting paper, or to a proponent of an option, as the case may require; and
d: references to party colours and party lapel badges are to be read as references to colours or badges identified with an option to which the referendum relates; and
e: references to an election campaign are to be read as including references to a campaign in respect of 1 or more options for the question in Part A or in Part B of the referendum voting paper; and
f: references to the 1993 Act
28: Time limit for prosecutions
A prosecution under this Part must be commenced—
a: within 6 months of the date on which the prosecutor is satisfied that there is sufficient evidence to warrant the commencement of proceedings; but
b: no later than 3 years after the alleged offence was committed.
3: Advertising
Application of Part
29: Application of this Part
This Part applies, instead of Parts 6AA and 6A Interpretation provisions
30: Interpretation
In this Part, unless the context otherwise requires,— address
a: in relation to an individual—
i: the full street address of the place where that individual usually lives; or
ii: the full street address of any other place where that individual can usually be contacted between the hours of 9 am and 5 pm on any working day:
b: in relation to a body corporate or unincorporated,—
i: the full street address of the body's principal place of business; or
ii: the full street address of the body's head office contact details
a: address; and
b: telephone numbers; and
c: email address (if any) promoter
a: is published; or
b: is to be published publish section 33 referendum advertisement section 31 referendum expenses section 32 register section 50 registered promoter
a: means a promoter who is registered under section 46
b: includes a promoter who at any time in the regulated period has been registered under section 46 regulated period section 34
31: Meaning of referendum advertisement
1: In this Part, referendum advertisement
a: may reasonably be regarded as encouraging or persuading voters—
i: to vote in a particular way in the referendum; or
ii: not to vote in a particular way in the referendum; and
b: is published at any time from the date of the commencement of this Act until the close of the day before polling day.
2: However, none of the following is a referendum advertisement:
a: an advertisement that—
i: is published, or caused or permitted to be published, by the Electoral Commission, the Chief Registrar of Electors, or any other agency charged with responsibilities in relation to the conduct of any official publicity or information campaign to be conducted on behalf of the Government of New Zealand; and
ii: relates to electoral matters or the conduct of the general election or the referendum; and
iii: contains either—
A: a statement indicating that the advertisement has been authorised by that officer or agency; or
B: a symbol indicating that the advertisement has been authorised by that officer or agency:
b: the editorial content of—
i: a periodical:
ii: a radio or television programme:
iii: a publication on a news media Internet site:
c: statements that do not promote, or could not reasonably be regarded as promoting, a particular option for the question in Part A or the question in Part B of the referendum voting paper:
d: any transmission (whether live or not) of proceedings in the House of Representatives:
e: any publication on the Internet, or other electronic medium, of personal political views by an individual who does not make or receive a payment in respect of the publication.
3: In this section, periodical
a: was established for purposes unrelated to the conduct of the referendum; and
b: since its establishment has been—
i: published at regular intervals; and
ii: generally available to members of the public.
32: Meaning of referendum expenses
1: In this Part, referendum expenses
a: includes—
i: the cost incurred in the preparation, design, composition, printing, distribution, postage, and publication of a referendum advertisement; and
ii: the reasonable market value of any material used for or applied towards the advertisement, including any such material that is provided free of charge or below reasonable market value; but
b: excludes the cost of—
i: the conduct of any survey or public opinion poll; and
ii: any framework (other than a commercial framework) that supports a hoarding on which the advertisement is displayed; and
iii: the labour of any person that is provided free of charge by that person; and
iv: the replacement of any material used in respect of a referendum advertisement if that advertisement has been destroyed or rendered unusable by—
A: 1 or more persons (other than the promoter or a person acting on his or her behalf):
B: the occurrence of an event beyond the control of the promoter or a person acting on his or her or its behalf.
2: To avoid doubt, referendum expenses
3: In this section, vehicle section 2(1)
33: Meaning of publish
In this Act, unless the context otherwise requires, publish
a: including—
i: displaying on any medium:
ii: distributing by any means:
iii: delivering to an address:
iv: leaving at a place:
v: sending by post or otherwise:
vi: printing in a newspaper or other periodical:
vii: broadcasting by any means:
viii: disseminating by means of the Internet or any other electronic medium:
ix: storing electronically in a way that is accessible to the public:
x: incorporating in a device for use with a computer:
xi: inserting in a film or video; but
b: excluding addressing 1 or more persons face to face.
34: Meaning of regulated period
1: In this Act, regulated period subsections (2) and (3)
2: If before the close of the default day the Prime Minister gives public notice of the day that is to be polling day for the election, the regulated period—
a: commences on the later of the following days:
i: the day after the date on which the Prime Minister gives that public notice:
ii: the day that is 3 months before polling day; and
b: ends with the close of the day before polling day.
3: If at the close of the default day the Prime Minister has not given public notice of the day that is to be polling day for the election, the regulated period—
a: commences on the close of the default day; and
b: ends with the close of the day before polling day.
4: In this section,— default day give public notice
35: Electoral Commission to publish details of regulated period
The notice published under section 3C General rules for referendum advertisements
36: Persons who may promote referendum advertisements
A person is entitled to promote a referendum advertisement if the person—
a: is a registered promoter; or
b: is an unregistered promoter who does not incur referendum expenses exceeding $12,000 (inclusive of goods and services tax) in relation to referendum advertisements published during the regulated period.
37: Maximum amount of registered promoter's total referendum expenses
1: The total referendum expenses of a registered promoter in respect of the regulated period must not exceed $300,000.
2: The amount in subsection (1)
38: Persons who may incur referendum expenses in relation to referendum advertisement
A person may incur referendum expenses in relation to a referendum advertisement only if the person is—
a: the promoter of the referendum advertisement; or
b: a person authorised to incur referendum expenses in relation to the referendum advertisement by the promoter.
39: Apportionment of promoter's referendum expenses for publication of referendum advertisement both before and during the regulated period
1: This section applies if a referendum advertisement—
a: is published both before the commencement of the regulated period and during the regulated period; or
b: is published before the commencement of the regulated period and continues to be published during the regulated period.
2: If this section applies,—
a: the referendum advertisement is deemed to have been published during the regulated period; and
b: the referendum expenses for the publication of the referendum advertisement must be apportioned so that only a fair proportion of those expenses is attributed to the referendum advertising carried on during the regulated period.
3: Only the referendum expenses attributed to the regulated period in accordance with subsection (2) sections 36(b) 37
40: Joint election and referendum advertisements
1: This section applies if an advertisement comprises both—
a: an election advertisement; and
b: a referendum advertisement.
2: The promoter of the advertisement must count the sum of the referendum expenses and advertising expenses incurred in relation to the advertisement as both advertising expenses in relation to the election advertisement and referendum expenses.
41: Obligation not to circumvent limitations imposed by this Part
1: An unregistered promoter may not enter into an agreement, or enter into an arrangement or understanding, with another person for the purpose of circumventing the maximum amount prescribed in section 36(b)
2: A body corporate or unincorporated may not encourage its members to take any action for the purpose of circumventing the maximum amount prescribed in section 36(b)
3: No person may incorporate or form 2 or more bodies corporate or unincorporated for the purpose of circumventing the maximum amount prescribed in section 36(b)
42: Referendum advertisement to include promoter statement
1: A person may publish or cause or permit to be published a referendum advertisement only if the advertisement includes a promoter statement.
2: A promoter statement must state the name and address of the promoter of the referendum advertisement.
3: If the promoter is a registered promoter, the name and address of the promoter stated in the promoter statement must be the same name and address of the promoter that appear in the register.
4: If the promoter is an unregistered promoter and is a body corporate or unincorporated, the promoter statement must also include the name of a member of the body who is the duly authorised representative of the promoter.
5: If the referendum advertisement is published in a visual form, the promoter statement must be clearly displayed in the advertisement.
6: If the referendum advertisement is published only in an audible form, the promoter statement when published must be no less audible than the other content of the advertisement. Registered promoters
43: Promoters eligible to be registered
1: A promoter (including a corporation sole, a body corporate, and an unincorporated body) is eligible to be a registered promoter if the promoter is not an overseas person.
2: In this section, overseas person
a: an individual who—
i: resides outside New Zealand; and
ii: is not a New Zealand citizen or registered as an elector; or
b: a body corporate incorporated outside New Zealand; or
c: an unincorporated body that has its head office or principal base of business outside New Zealand.
44: Application for registration
1: An application to be a registered promoter must be made to the Electoral Commission and made,—
a: if the promoter is an individual, by that individual; or
b: if the promoter is a company, by a person who is duly authorised by the board of directors to make the application; or
c: if the promoter is not an individual or a company, by the promoter's representative who is duly authorised by the promoter to make the application.
2: An application to be a registered promoter must be made in the form required by the Electoral Commission and set out—
a: the name and contact details of—
i: the promoter; and
ii: the person described in subsection (1)(b) or (c)
b: the names of the persons occupying a position in the body that is comparable with that of a director of a company, if the promoter is not an individual or a company; and
c: the names of the trustees, if the promoter is a trust.
3: An application to be a registered promoter must be accompanied by evidence of the authority to make the application, if the application is made by a person described in subsection (1)(b) or (c)
45: Grounds on which registration must be refused
The Electoral Commission must refuse an application by a promoter to be registered if—
a: the application does not comply with section 44
b: the Electoral Commission is not satisfied that the promoter is eligible under section 43
c: the name of the promoter is—
i: indecent or offensive; or
ii: likely to cause confusion or mislead electors.
46: Electoral Commission's decision on application
1: If there are no grounds under section 45
a: register the promoter; and
b: notify the person who made the application of the date of registration of the promoter.
2: If there are grounds under section 45
a: refuse the application; and
b: notify the person who made the application of the refusal and the reasons.
47: Obligation to notify Electoral Commission of change in contact details
A registered promoter must give written notice to the Electoral Commission of any change in the information provided under section 44(2)
48: Cancellation of registration
1: The Electoral Commission must cancel the registration of a promoter if—
a: the Electoral Commission is satisfied that the promoter is not eligible to be registered; or
b: the promoter—
i: requests that it do so; and
ii: has not incurred expenses in relation to referendum advertisements that exceed the amount specified in section 36(b)
2: If the Electoral Commission cancels the registration of a promoter under subsection (1)
a: the cancellation; and
b: the reason for the cancellation.
49: Expiry of registration
Unless earlier cancelled under section 48 section 5
50: Establishment of register
1: The Electoral Commission must establish and maintain a register of registered promoters.
2: The Electoral Commission must enter in the register, in relation to every registered promoter,—
a: the name of the registered promoter; and
b: the address of the registered promoter; and
c: the names of persons set out in the promoter's application, if any, provided under section 44(2)(a)(ii), (b), and (c)
3: The Electoral Commission may enter in the register any other information that the Electoral Commission considers necessary or desirable for the purposes of the register.
51: Purposes of register
The purposes of the register are—
a: to enable members of the public to ascertain—
i: whether a person is a registered promoter and, if so, the address of that person; and
ii: whether a referendum advertisement is promoted by a registered promoter; and
b: to assist with the enforcement of the provisions of this Part.
52: Form of register
The register may be kept—
a: as an electronic register (for example, on the Electoral Commission's Internet site); or
b: in any other manner that the Electoral Commission thinks fit.
53: Alterations to register
The Electoral Commission may at any time make any amendments to the register that are necessary to—
a: reflect any changes in the information referred to in section 47
b: correct any error or omission on the part of the Electoral Commission or any person to whom the Electoral Commission has delegated its functions, duties, or powers.
54: Register to be public
The Electoral Commission must—
a: make the register available for public inspection at its office during ordinary office hours, without fee; and
b: supply to a person copies of all or part of the register on request, subject to payment of any charges that may be made under the Official Information Act 1982
55: Search of register
A person may search the register for a purpose set out in section 51
56: When search constitutes interference with privacy of individual
A search of the register for personal information that has not been carried out for a purpose specified in section 51 section 66 Obligation of unregistered promoters to keep records
57: Obligation to keep records necessary to verify unregistered promoter's referendum expenses
1: This section applies to a person who—
a: is an unregistered promoter:
b: has been an unregistered promoter at any time during the regulated period.
2: A promoter to whom this section applies must take all reasonable steps to keep the records, documents, and accounts that are necessary to enable verification of the referendum expenses incurred in relation to a referendum advertisement promoted while the promoter is not registered.
3: Despite section 5 subsection (2) of this section
a: the close of the day that is 3 years after polling day for the general election; or
b: if a fresh referendum is held under section 26 Claims for referendum expenses of registered promoters
58: Periods for claiming and paying registered promoter's referendum expenses
1: A claim against a registered promoter for payment of referendum expenses is recoverable only if it is sent to the registered promoter within 20 working days after the day on which the declaration required by section 179(2)
2: A claim that is sent to a registered promoter in accordance with subsection (1)
3: This section is subject to sections 59 60
59: Procedure if claim disputed
1: If a registered promoter, in the case of a claim for referendum expenses sent to the registered promoter within the period specified in section 58(1) section 58(2)
a: the claim is to be treated as a disputed claim; and
b: the claimant may, if he or she thinks fit, within 20 working days after the expiry of that period of 40 working days, bring an action for the disputed claim in any court of competent jurisdiction.
2: Any sum paid by the registered promoter in accordance with a judgment or order of the court in any such action is to be treated as paid within the period specified in section 58(2)
60: Leave to pay claim after time limitation
1: On the application of a claimant or a registered promoter, a District Court may make an order granting leave to the registered promoter to pay—
a: a claim for referendum expenses sent after the period specified in section 58(1)
b: a claim not paid in the period specified in section 58(2)
c: a disputed claim in respect of which an action was not brought within the period specified in section 59(1)(b)
2: Any sum paid by the registered promoter in accordance with an order made under subsection (1) section 58(2)
61: Invoice and receipt required for referendum expenses of $50 or more
1: Every payment made in respect of any referendum expenses of a registered promoter must be evidenced by an invoice stating the particulars, and by a receipt.
2: Subsection (1) does not apply to a payment of less than $50. Returns of referendum expenses
62: Return of registered promoter's referendum expenses
1: This section applies to a registered promoter whose total referendum expenses in respect of any regulated period exceed $100,000 (inclusive of goods and services tax).
2: Within 70 working days after polling day for the general election, the registered promoter must file a return of referendum expenses with the Electoral Commission.
3: If the registered promoter is not an individual or a company, the return must be filed by the registered promoter's representative who is duly authorised to file the return.
4: A return filed under subsection (2) must be in the form required by the Electoral Commission.
63: Obligation to keep records necessary to verify return of registered promoter's referendum expenses
1: A registered promoter must take all reasonable steps to keep all records, documents, and accounts that are reasonably necessary to enable a return filed under section 62(2)
2: Despite section 5 subsection (1) of this section
a: the close of the day that is 3 years after polling day for the general election; or
b: if a fresh referendum is held under section 26
64: Electoral Commission may require auditor's report on return of registered promoter's referendum expenses
1: If the Electoral Commission has reasonable grounds to believe that a return filed under section 62
2: The auditor must state in the report—
a: the position shown by the return in respect of the requirement that the registered promoter's total referendum expenses must not exceed the maximum amount specified in section 37
b: either—
i: whether, in the auditor's opinion, the position stated under paragraph (a)
ii: that the auditor has been unable to form an opinion as to whether the position stated under paragraph (a)
3: The auditor must make any examinations that the auditor considers necessary.
4: The auditor must specify in the report any case in which—
a: the auditor has not received from the registered promoter all the information that the auditor requires to carry out his or her duties; or
b: proper records of the registered promoter's referendum expenses have not, in the auditor's opinion, been kept by the registered promoter.
5: The auditor—
a: must have access at all reasonable times to all records, documents, and accounts that relate to the registered promoter's referendum expenses and that are held by the registered promoter; and
b: may require the registered promoter to provide any information and explanation that, in the auditor's opinion, may be necessary to enable the auditor to prepare the report.
65: Return of registered promoter's referendum expenses to be publicly available
1: The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every return filed under section 62.
2: During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return filed under section 62
3: The Electoral Commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the Official Information Act 1982
4: In this section, public inspection period
a: beginning on the day that is 3 working days after the date on which the Electoral Commission receives the return; and
b: ending with the close of polling day for the second general election that takes place after that date. Offences and penalties in relation to referendum advertising
66: Illegal practices
Every person is guilty of an illegal practice who wilfully—
a: promotes a referendum advertisement without being entitled to do so under section 36
b: contravenes section 41
c: contravenes section 42
d: makes a payment in breach of section 58
67: Offences relating to obligation to keep records
Every person who fails, without reasonable excuse, to comply with section 57(2) 63
68: Offences relating to return of registered promoter's referendum expenses
1: A registered promoter who fails, without reasonable excuse, to comply with section 62(2)
2: A registered promoter who files a return under section 62(2)
a: a corrupt practice if the registered promoter filed the return knowing it to be false in any material particular:
b: an illegal practice in any other case, unless the registered promoter proves that—
i: he or she had no intention to misstate or conceal the facts; and
ii: he or she took all reasonable steps in the circumstances to ensure that the information was accurate.
3: If the registered promoter is not an individual or a company, the registered promoter's representative who files the return in accordance with section 62(3) subsections (1) and (2)
4: Subsection (3) subsection (1) or (2)
69: Offence to pay referendum expenses in excess of maximum
1: This section applies to a registered promoter or any other person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any referendum expenses any sum in excess of the maximum amount specified in section 37
2: The registered promoter or other person is guilty of—
a: a corrupt practice if he or she knew the payment was in excess of the specified maximum amount; or
b: an illegal practice in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the referendum expenses did not exceed the specified maximum amount.
3: Every person who enters into an agreement or enters into an arrangement or understanding with any other person for the purpose of circumventing the maximum amount specified in section 37
70: Offence to incur unauthorised referendum expense
Every person is guilty of—
a: a corrupt practice who wilfully contravenes section 38
b: an illegal practice who contravenes section 38
71: Punishment for corrupt or illegal practice
1: Every person who is guilty of a corrupt practice is liable on conviction on indictment to either or both of the following:
a: a term of imprisonment not exceeding 2 years:
b: a fine not exceeding $100,000.
2: Every person who is guilty of an illegal practice is liable on conviction on indictment to a fine not exceeding $40,000.
3: Section 100 1993 Act section 25 Enforcement
72: Time limit for prosecutions
1: A prosecution under this Part
a: within 6 months of the date that the prosecutor is satisfied that there is sufficient evidence to warrant the commencement of proceedings; but
b: no later than 3 years after the alleged offence was committed.
2: Subsection (1) section 48 section 49
73: Duty of Electoral Commission
1: If the Electoral Commission believes that any person has committed an offence under
2: Subsection (1)
4: Review and miscellaneous provisions
1: Review of mixed member proportional representation voting system
74: Application of this subpart
This subpart applies if the Electoral Commission makes a declaration in accordance with section 20 See section 5 in regard to Expiry provisions Electoral Referendum Act 2010
75: Review
1: The Electoral Commission must commence a review of the mixed member proportional representation voting system for the House of Representatives as soon as practicable after the result of the referendum is declared under section 20
2: The purpose of the review is to—
a: determine through a public consultative process whether changes to MMP are necessary or desirable; and
b: make any recommendations for changes to the system to the Minister of Justice.
76: Scope of review
1: The matters that the Electoral Commission must review are— Thresholds
a: the requirement that a party must achieve at least 5% of the total number of party votes before it may be eligible to be allocated the number of list seats (if any) needed to ensure that the party's total number of seats reflects its proportion of the total party vote; and
b: the alternative requirement that a candidate of a party must win an electorate seat before the party may be eligible to be allocated the number of list seats (if any) needed to ensure that the party's total number of seats reflects its proportion of the total party vote; and Proportionality
c: the ratio of electorate seats to list seats that results—
i: from the effects of population change on the number of general electorate seats; or
ii: if a party's constituency candidates have won more seats than the party would be entitled to as a result of the party vote; and Dual candidacy
d: the capacity of a person at a general election to be both a candidate for an electoral district and a candidate whose name is included in a party list in a general election, and the capacity of a member of Parliament who holds a list seat to be a candidate in a by-election; and Order of candidates on party lists
e: a party's ability to determine the order of candidates on its party list and the inability of voters to rank list candidates in order of preference; and Other matters
f: any other feature of the voting system referred to the Commission under section 5(d)
2: In addition to the matters specified in subsection (1)
3: Despite subsections (1)(f) and (2)
a: Māori representation:
b: the number of members of Parliament.
77: Process for review
1: The Electoral Commission must establish a process for the review that the Commission considers gives the public adequate time and opportunity to comment on the subject matter of the review.
2: In carrying out the review, the Electoral Commission may seek advice from any person who has expertise in the subject matter of the review.
78: Report and recommendations
1: The Electoral Commission must—
a: prepare a report of the review that includes recommendations on whether any change to the mixed member proportional representation voting system is necessary or desirable; and
b: provide the report to the Minister of Justice by 31 October 2012.
2: As soon as practicable after receiving the report, the Minister must present a copy to the House of Representatives.
2: Miscellaneous provisions
79: Validation of irregularities
1: This section applies if anything required to be done in relation to the conduct of the referendum by or under sections 8 20
a: is not done at the time required; or
b: cannot be done at the time required; or
c: is done before or after the time required; or
d: is done in any other irregular manner or form.
2: The Governor-General may, by Order in Council, at any time before or after the time within which anything is required to be done,—
a: extend the time; or
b: validate anything done before or after the time required; or
c: validate anything irregularly done in manner or form.
3: However, this section does not apply to any matter described in subsection (1)
80: Regulations
The Governor-General may, by Order in Council, make regulations—
a: prescribing forms required for any matter in relation to the referendum:
b: prescribing fees for the purposes of this Act:
c: providing for matters that are contemplated by, necessary for the administration of, or necessary for giving full effect to this Act. Amendment to Privacy Act 1993
81: Amendment to Privacy Act 1993
1: This section amends the Privacy Act 1993
2: Part 1 Electoral Referendum Act 2010 Sections 50 and 65 2011-01-01 Privacy Act 1993 Amendment to Summary Proceedings Act 1957
82: Amendment to Summary Proceedings Act 1957
Part 2 Electoral Referendum Act 2010 66(c) Contravening requirement for referendum advertisement to include promoter statement 2011-01-01 Summary Proceedings Act 1957