This Act may be cited as the Electoral Referendum Act 1993.

(1) On the day appointed in 1993 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, a binding referendum of the electors of each such district shall be taken on proposals about the electoral system.

(2) The proposals about the electoral system that are the subject of the binding referendum shall be submitted in the voting paper in form 1 of the Schedule.

(1) Subject to the provisions of this Act and of any regulations made under this Act, the provisions of the Electoral Act 1956 and of any regulations made under that Act shall, as far as they are applicable and with the necessary modifications, apply as if the binding referendum were a poll of the electors of each electoral district for the return of a member of Parliament for the district, and the binding referendum shall be taken in the manner prescribed by that Act for the taking of such a poll of the electors of each electoral district.

(2) The provisions of the Electoral Act 1956 and of any regulations made under that Act shall, unless the context otherwise requires, apply, for the purposes of the binding referendum, as if all references to the ballot paper were references to the voting paper.

(3) No writ shall be issued under the Electoral Act 1956 for the conduct of the binding referendum.

For the purposes of conducting the binding referendum,—

• (a) the Returning Officer of the electoral district shall be the Returning Officer, and the Deputy Returning Officers appointed by the Returning Officer for the taking of the electoral poll shall be the Deputy Returning Officers, for the taking of the binding referendum:

• (b) the poll clerks, interpreters, and ushers appointed for the taking of the electoral poll shall, by virtue of being so appointed, be, in addition, poll clerks, interpreters and ushers for the taking of the binding referendum:

• (c) the polling booths in each electoral district for the taking of the electoral poll shall be the same as those used for the taking of the binding referendum.

Any 10 or more electors who are in favour of either of the proposals described under the heading “VOTING SYSTEM PROPOSALS” in form 1 of the Schedule may by nomination paper under their hands nominate any 2 specified persons to appoint one scrutineer to act at each polling booth in the district in the interests of all electors who are in favour of that proposal.

The nomination paper shall be in form 2 of the Schedule.

The nomination paper shall be lodged with the Returning Officer of the electoral district not later than the twelfth day before polling day, and shall be open to public inspection.

On a day to be publicly notified by the Returning Officer for the electoral district, being not earlier than the tenth day 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 to act at each polling booth in the interests of all electors as aforesaid; and the persons so selected may appoint accordingly.

The selection shall be by writing under the hand of the Returning Officer, and shall be in form 3 of the Schedule.

The appointment shall in each case be by writing under the hands of the persons selected, and shall be in form 4 of the Schedule.

(1) Every scrutineer so appointed shall, for the purpose of the binding referendum, have all the powers and rights of a scrutineer under the Electoral Act 1956, and shall make a declaration in form 1 of Schedule 1 of the Electoral Act 1956 (which form shall be used with all necessary modifications).

(2) Without limiting subsection (1), a scrutineer so appointed—

• (a) may be present at the office of the Registrar of Electors when the Registrar of Electors is performing his or her duties under section 110 of the Electoral Act 1956 (as applied by this Act) in relation to declarations in respect of special votes, but not more than one such scrutineer per proposal shall be present at the office of the Registrar of Electors at any time; and

• (b) may be present at the scrutiny of the rolls conducted by the Returning Officer under section 112 of the Electoral Act 1956 (as applied by this Act), but only one such scrutineer per proposal, or such greater number as is permitted by the Returning Officer, shall be present at the scrutiny of the rolls at any time.

The remuneration (if any) of the scrutineers shall not be paid out of money appropriated by Parliament for the purpose of conducting the binding referendum.

(1) Section 64B of the Electoral Act 1956 shall, for the purposes of the binding referendum, apply as if, for subsections (4) and (5), there were substituted the following subsections:

(2) Nothing in this section derogates from the rights conferred, by section 64B(5) of the Electoral Act 1956, on candidates or persons acting on behalf of political parties.

Every voter at the binding referendum shall vote by marking the voting paper with a tick within the circle immediately after the proposal for which the voter wishes to vote.

(1) Section 111(1) of the Electoral Act 1956 shall, for the purposes of the binding referendum, have effect as if, for subparagraphs (ii) and (iii) of paragraph (a), there were substituted the following subparagraphs:

(2) Section 111(1) of the Electoral Act 1956 shall, for the purposes of the binding referendum, have effect as if, for paragraph (e), there were substituted the following paragraphs:

(3) Section 111 of the Electoral Act 1956 shall, for the purposes of the binding referendum, apply as if, after subsection (3), there were added the following subsection:

Section 115 of the Electoral Act 1956 shall, for the purposes of the binding referendum, have effect as if, for subsection (1A), there were substituted the following subsection:

(1) Where all the voting papers have been dealt with in accordance with section 115 of the Electoral Act 1956 (as applied by this Act), the Returning Officer, having ascertained the total number of votes recorded for each proposal described in the voting paper under the heading “VOTING SYSTEM PROPOSALS”, shall declare the result of the referendum in the electoral district by giving public notice of the total number of votes recorded for each proposal.

(2) Section 116 of the Electoral Act 1956 shall not apply in relation to the binding referendum.

If any result of the binding referendum in any electoral district is disputed on the ground that the public declaration by the Returning Officer in accordance with section 17(1) was incorrect, the following provisions shall apply:

• (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 10 of the time and place at which the recount will be made:

• (d) section 117(4) to (9) and section 118 of the Electoral Act 1956, so far as they are applicable and with the necessary modifications, shall apply to the recount.

(1) After the Returning Officer has made a public declaration in accordance with section 17(1), and after the time for an application for a recount has elapsed, the Returning Officer shall send to the Chief Electoral Officer a statement of—

• (a) the number of informal votes cast in respect of the voting paper; and

• (b) the total number of valid votes cast in respect of the voting paper; and

• (c) the number of valid votes recorded for each proposal in the voting paper.

(2) On receipt of the statements from all Returning Officers and on or before 28 February 1994, the Chief Electoral Officer shall ascertain the total number of valid votes cast for each of the voting system proposals.

(3) If a majority of the valid votes cast favour the proposal to introduce the proposed mixed member proportional system as provided in the Electoral Act 1993, that proposal is carried.

(4) In the event that the majority of valid votes cast favour the proposal to retain the present (first-past-the-post) system as provided in the Electoral Act 1956 or in the event that there is a tie between the 2 voting system proposals, the proposal to retain the present (first-past-the-post) system as provided in the Electoral Act 1956 is carried.

(5) After ascertaining the results of the referendum in accordance with the provisions of this section, the Chief Electoral Officer shall declare, by notice in the Gazette,—

• (a) the results of the referendum; and

• (b) whether the proposal to introduce the proposed mixed member proportional system as provided in the Electoral Act 1993 is carried.

(1) The sections of the Electoral Act 1956 described in subsection (2), as far as they are applicable and with the necessary modifications, shall apply to a petition for an inquiry under section 21.

(2) The sections of the Electoral Act 1956 referred to in subsection (1) are sections 158 to 160, 161, 162(1), (2), (4), (5), 166, 167, 168, 173 to 181, 182(1)(a) and (b), and 183.

(1) Where any 50 electors in an electoral district are dissatisfied with the result of the binding referendum in their district, they may, within 20 working days after the Returning Officer has made a public declaration in accordance with section 17(1), file a petition in the High Court for an inquiry as to the conduct of the referendum or of any person connected with it.

(2) If the petition complains of the conduct of a 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 that the total number of votes cast for any proposal was higher or lower than that given in the public declaration made pursuant to section 17(1).

(4) Such petition shall be in form 5 of the Schedule, or to the like effect, and shall be filed in the registry of the High Court nearest to the place where the referendum was held. The Registrar of the court shall forthwith send a copy of the petition to the Returning Officer.

(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.

(1) It shall be lawful, for the purposes of conducting the binding referendum, to use the same copies of—

• (a) any main or supplementary roll; or

• (b) any master roll; or

• (c) any certified roll,—

as are used in connection with the poll of electors in each electoral district for the return of a member of Parliament and Part 4 of the Electoral Act 1956 shall apply accordingly.

(2) For the purposes of conducting the binding referendum, it shall not be necessary to require any elector wishing to cast a special vote to complete any additional statement or declaration, if he or she completes the appropriate statement or declaration required by the Electoral Regulations 1993 to be completed by a special voter who wishes to cast a vote at a poll of electors in an electoral district for the return of a member of Parliament.

(1) Every person commits an offence and shall be liable on summary conviction to a fine not exceeding $5,000 who, at the binding referendum,—

• (a) in any way interferes with any elector, either in the polling booth or while the elector is on the way to the polling booth, with the intention of influencing the elector or advising the elector as to the elector's vote:

• (b) at any time on the day on which the referendum is held before the close of the poll in or in view or hearing of any public place holds or takes part in any demonstration or procession having direct or indirect reference to the binding referendum, by any means whatsoever:

• (c) at any time on the day on which the referendum is held before the close of the poll makes any statement having direct or indirect reference to the binding referendum, by means of any loudspeaker or public address apparatus or cinematograph or television apparatus:

  provided that this paragraph shall not restrict the publication by radio or television broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989 of—

  • (i) any advertisement placed by the Chief Electoral Officer or a Returning Officer; or

  • (ii) any non-partisan advertisement broadcast, as a community service, by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989; or

  • (iii) any news in relation to the binding referendum:

• (d) at any time before the close of the poll, conducts in relation to the binding referendum a public opinion poll of persons voting before the day on which the referendum is held:

• (e) at any time on the day on which the referendum is held before the close of the poll, conducts a public opinion poll in relation to the binding referendum:

• (f) at any time on the day on which the referendum is held before the close of the poll, or at any time on any of the 3 days immediately preceding that day, prints or distributes or delivers to any person any thing being or purporting to be in imitation of the voting paper to be used at the poll, together with any direction or indication as to the proposal for which the elector should or should not vote, or in any way containing any such direction or indication, or having thereon any matter likely to influence any vote:

• (g) at any time on the day on which the referendum is held before the close of the poll exhibits in or in view of any public place, or publishes or distributes or broadcasts,—

  • (i) any statement advising or intended or likely to influence any elector as to the proposal for which the elector should or should not vote; or

  • (ii) any statement advising or intended or likely to influence any elector to abstain from voting; or

  • (iii) any name, emblem, slogan, or logo identified with any political party or with any proposal to which the binding referendum relates or with any proponent of any such proposal; or

  • (iv) any ribbons, streamers, rosettes, or items of a similar nature in colours that are identified with any political party or with any proposal to which the binding referendum relates or with any proponent of any such proposal:

    provided that this paragraph shall not apply to any statement, name, emblem, slogan, or logo in a newspaper published before 6 pm on the day before the day on which the referendum is held:

    provided also that where any statement, name, emblem, slogan, or logo which does not relate specifically to the binding referendum and which is so exhibited before the day on which the referendum is held in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party or of a proponent of a proposal to which the binding referendum relates, it shall not be an offence to leave the statement, name, emblem, slogan, or logo so exhibited on the day on which the referendum is held:

    provided further that this paragraph shall not restrict the publication of the name of any political party or of any proponent of a proposal to which the binding referendum relates in any news which relates to the binding referendum and which is published in a newspaper or other periodical or in a radio or television broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989:

    provided further that this paragraph shall not apply to ribbons, streamers, rosettes, or items of a similar nature, that are worn or displayed by any person (not being an electoral official) on his or her person or on any vehicle in colours that are identified with any political party or with any proposal to which the binding referendum relates or with any proponent of any such proposal or to a lapel badge worn by any person (not being an electoral official):

• (h) at any time on the day on which the referendum is held before the close of the poll prints or distributes or delivers to any person any card or paper (whether or not it is an imitation voting paper) having thereon the proposals to which the binding referendum relates or any of them:

• (i) exhibits or leaves in any polling booth any card or paper having thereon any direction or indication as to how any person should vote or as to the method of voting:

• (j) subject to any regulations made under this Act, at any time on the day on which the referendum is held before the close of the poll, within, or at the entrance to, or in the vicinity of, any polling place,—

  • (i) gives or offers to give any person any written or oral information derived from a main or supplementary roll as to any name or number on the main roll or any supplementary roll being used at the election:

  • (ii) permits or offers to permit any person to examine any copy of the main roll or any supplementary roll being used at the election.

(2) It shall be a defence to a prosecution for an offence against subsection (1)(g) that relates to the exhibition in or in view of a public place of a statement, name, emblem, slogan, or logo, if the defendant proves that—

• (a) the exhibition was inadvertent; and

• (b) the defendant caused the exhibition to cease as soon as the defendant was notified by a Returning Officer or a Deputy Returning Officer that the exhibition was taking place.

(3) Nothing in this section shall apply to any official statement or announcement made or exhibited under the authority of this Act or the Electoral Act 1956.

(4) Section 127 of the Electoral Act 1956 shall not apply in relation to the binding referendum.

(1) The Returning Officer may at any time on the day on which the referendum is held before the close of the poll cause to be removed or obliterated—

• (a) any statement advising or intended or likely to influence any elector as to the proposal for which the elector should or should not vote; or

• (b) any statement advising or intended or likely to influence any elector to abstain from voting; or

• (c) any name, emblem, slogan, or logo identified with any political party or with any proposal to which the binding referendum relates or any proponent of any such proposal,—

which is exhibited in or in view of any public place.

(2) Nothing in subsection (1)(c) shall apply to ribbons, streamers, rosettes, or items of a similar nature which are worn or displayed by any person (whether on his or her person or on any vehicle) in colours that are identified with any political party or with any proposal to which the binding referendum relates or with any proponent of any such proposal or to a lapel badge worn by any person.

(3) Nothing in subsection (1) shall apply to a statement, name, emblem, slogan, or logo which does not relate specifically to the binding referendum and which was so exhibited before the day on which the referendum is held in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party or of a proponent of a proposal to which the binding referendum relates.

(4) All expenses incurred by the Returning Officer in carrying out the power conferred by subsection (1) may be recovered by the Returning Officer from the persons by whom or by whose direction the statement, name, emblem, slogan, or logo was exhibited, as a debt due by them jointly and severally to the Crown.

(5) Section 127A of the Electoral Act 1956 shall not apply in relation to the binding referendum.

(1) Every person commits an offence and shall be liable on summary conviction to a fine not exceeding $2,000 who, at the binding referendum,—

• (a) except in accordance with any regulations made under the Electoral Act 1956 or this Act in relation to special voters, 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 or Deputy 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

• (b) does or omits to do an act (other than an act to which section 23 applies) that if done or omitted to be done at an electoral poll would be an offence under the Electoral Act 1956.

(2) Section 126(g) of the Electoral Act 1956 shall not apply in relation to the binding referendum.

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

• (a) applying, with or without modifications, for the purposes of this Act, any of the following provisions:

  • (i) the provisions of sections 111 to 115, and of sections 121 to 123, and of section 147A, of the Electoral Act 1956:

  • (ii) the provisions of any regulations made under the Electoral Act 1956:

• (b) prescribing forms for the purposes of this Act:

• (c) prescribing the time at which, and the manner in which, special voters may vote (whether at a polling place or not and whether in or outside New Zealand) at the binding referendum:

• (d) prescribing conditions upon or subject to which special voters may vote at the binding referendum:

• (e) prescribing, for the purposes of the binding referendum, different methods of voting for different classes of special voters:

• (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.