New Zealand Repealed Acts

This legislation has been repealed.

ELECTORAL REFERENDUM ACT 2010

- As at 11 June 2012
- Act 139 of 2010

TABLE OF PROVISIONS

   1.      Title
   2.      Commencement
   3.      Application of Act to conduct outside New Zealand

   PART 1 - Preliminary provisions

   4.      Purpose of Act
   5.      Expiry
   6.      Interpretation
   7.      Act binds the Crown

   PART 2 - Provisions relating to referendum

           SUBPART 1 - Referendum on options for voting system

   8.      Referendum on day of general election
   9.      Application of Electoral Act 1993

           SUBPART 2 - Conduct of referendum

   10.     Manager, returning officer, polling place officials, and polling places
   11.     Who may vote
   12.     Issue of referendum voting paper
   13.     Method of voting

           SUBPART 3 - Counting of votes and declaration of results

   14.     Provisions of 1993 Act not to apply to count of referendum votes
   15.     Time at which preliminary count of early votes must begin
   16.     Referendum voting papers sent to returning officer before being counted
   17.     Returning officer to count referendum votes for district
   18.     Return of results of count to Electoral Commission
   19.     Determination of results by Electoral Commission
   20.     Declaration of official result of referendum

           SUBPART 4 - Petitions

   21.     Method of questioning referendum
   22.     Petition for inquiry
   23.     Respondents
   24.     Procedural matters
   25.     Jurisdiction of High Court
   26.     Fresh referendum

           SUBPART 5 - Offences and penalties

   27.     Application of provisions of Electoral Act 1993 in respect of referendum
   28.     Time limit for prosecutions

   PART 3 - Advertising

   29.     Application of this Part
   30.     Interpretation
   31.     Meaning of referendum advertisement
   32.     Meaning of referendum expenses
   33.     Meaning of publish
   34.     Meaning of regulated period
   35.     Electoral Commission to publish details of regulated period
   36.     Persons who may promote referendum advertisements
   37.     Maximum amount of registered promoter's total referendum expenses
   38.     Persons who may incur referendum expenses in relation to referendum advertisement
   39.     Apportionment of promoter's referendum expenses for publication of referendum advertisement both before and during the regulated period
   40.     Joint election and referendum advertisements
   41.     Obligation not to circumvent limitations imposed by this Part
   42.     Referendum advertisement to include promoter statement
   43.     Promoters eligible to be registered
   44.     Application for registration
   45.     Grounds on which registration must be refused
   46.     Electoral Commission's decision on application
   47.     Obligation to notify Electoral Commission of change in contact details
   48.     Cancellation of registration
   49.     Expiry of registration
   50.     Establishment of register
   51.     Purposes of register
   52.     Form of register
   53.     Alterations to register
   54.     Register to be public
   55.     Search of register
   56.     When search constitutes interference with privacy of individual
   57.     Obligation to keep records necessary to verify unregistered promoter's referendum expenses
   58.     Periods for claiming and paying registered promoter's referendum expenses
   59.     Procedure if claim disputed
   60.     Leave to pay claim after time limitation
   61.     Invoice and receipt required for referendum expenses of $50 or more
   62.     Return of registered promoter's referendum expenses
   63.     Obligation to keep records necessary to verify return of registered promoter's referendum expenses
   64.     Electoral Commission may require auditor's report on return of registered promoter's referendum expenses
   65.     Return of registered promoter's referendum expenses to be publicly available
   66.     Illegal practices
   67.     Offences relating to obligation to keep records
   68.     Offences relating to return of registered promoter's referendum expenses
   69.     Offence to pay referendum expenses in excess of maximum
   70.     Offence to incur unauthorised referendum expense
   71.     Punishment for corrupt or illegal practice
   72.     Time limit for prosecutions
   73.     Duty of Electoral Commission

   PART 4 - Review and miscellaneous provisions

           SUBPART 1 - Review of mixed member proportional representation voting system

   74.     Application of this subpart
   75.     Review
   76.     Scope of review
   77.     Process for review
   78.     Report and recommendations

           SUBPART 2 - Miscellaneous provisions

   79.     Validation of irregularities
   80.     Regulations
   81.     Amendment to Privacy Act 1993
   82.     Amendment to Summary Proceedings Act 1957
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3