In this Act, unless the context otherwise requires,—

A reference to a numbered form is a reference to the form so numbered in Schedule 1.

The purposes of this Act are to—

This Act applies if the Governor-General makes an Order in Council—

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The wording of each proposal to be put to electors in a government initiated referendum is specified by the Governor-General by Order in Council. The Order in Council must also specify the wording of each response for which electors may vote.

The wording of the question to be put to electors in a citizens initiated referendum is the wording of which notice is given under section 13 of the Citizens Initiated Referenda Act 1993.

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The voting paper used in a government initiated referendum—

The voting paper used in a citizens initiated referendum must be in the form prescribed in section 28 of the Citizens Initiated Referenda Act 1993.

The Electoral Commission must designate an Electoral Commissioner to be the Returning Officer for a referendum.

The Returning Officer is, under the direction of the Electoral Commission, charged with the duty of implementing this Act, except Part 4.

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.

The Returning Officer may employ or engage such persons as the Returning Officer considers are required for the purposes of a referendum.

A person engaged under subsection (1) may employ or engage such persons as the person considers are required for the purposes of the referendum.

Every person employed or engaged under subsection (1) or subsection (2)—

The Electoral Commission is charged with the duty of implementing Part 4 (which relates to rolls of electors).

For the purposes of implementing Part 4, the Electoral Commission may provide such computer and other services, and such facilities, as the Electoral Commission thinks necessary.

The Returning Officer may, either generally or particularly, delegate any of the Returning Officer’s functions, powers, rights, and duties, except this power of delegation, to—

A delegation under this section must be made in writing, and the document must be signed by the maker of the delegation.

Section 73 of the Crown Entities Act 2004 (alone, or in conjunction with section 9 of the Electoral Act 1993) enables the Electoral Commission to delegate all or any of its functions or powers under this Act that relate to registration of electors.

The provisions of this section apply to a delegation under section 11.

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.

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.

A delegation does not affect or prevent the performance or exercise of any function, power, right, or duty by its maker.

A delegation continues in force according to its tenor until it is revoked.

If the maker ceases to hold office, the delegation continues to have effect as if made by the successor in office of the maker.

The maker, or a successor, may revoke the delegation at any time by written notice to the delegate.

Every preliminary referendum roll printed under section 14(3) has the following purposes:

The purpose of every unprinted preliminary referendum roll, the referendum roll, and the supplementary referendum roll is to facilitate the holding of a referendum.

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.

The Electoral Commission must appoint the date for the closing of the preliminary referendum rolls and give notice of it in the Gazette.

The Electoral Commission must print the preliminary referendum roll for each district as soon as practicable after the appointed date.

No printed preliminary referendum roll is to list any person whose details are not published or available under the Electoral Act 1993 as a result of a direction by the Electoral Commission under section 115 of that Act.

Although every printed preliminary referendum roll is the main roll for the district, section 106 of the Electoral Act 1993, relating to the form of the main roll and supplementary rolls, does not apply to any printed referendum roll and this section applies instead.

Every printed preliminary referendum roll must show, in alphabetical order of surnames, the following details for each person listed:

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.

The pages of every printed preliminary referendum roll must be numbered consecutively, beginning with the number 1 for the first page.

Although every printed preliminary referendum roll is the main roll for the district, section 110 of the Electoral Act 1993 does not apply to any printed preliminary referendum roll and sections 17 and 18 apply instead.

Copies of the printed preliminary referendum roll must be kept at the office of the Electoral Commission for the district.

Any person may inspect the printed preliminary referendum roll—

Copies of the printed preliminary referendum roll must also be kept at such other places within the district as the Minister or the Electoral Commission directs.

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).

Every person holding a copy of a printed preliminary referendum roll as a result of a direction under subsection (3) must return it to the office of the Electoral Commission for the district before 4 pm on the day before the first day of the voting period.

The right of inspection conferred by subsections (2) and (4) does not include the rights to copy or purchase the whole or any part of the printed preliminary referendum roll.

Any person may use a copy of a printed preliminary referendum roll for the purposes of—

A person who wants to use a printed preliminary referendum roll for these purposes must—

If a person applies for a copy of a roll and completes the form, the Electoral Commission must supply that copy to that person without charge.

Every person holding a copy of a printed preliminary referendum roll as a result of an application under subsection (2) must return it to the office of the Electoral Commission before 4 pm on the day before the first day of the voting period.

The right to use a printed preliminary referendum roll conferred by subsection (1) does not include the right to copy the whole or any part of it.

Nothing in this Act prevents the making of a request for electoral information under the following sections of the Electoral Act 1993:

A person registered as an elector under the Electoral Act 1993, or qualified to be registered, may object to the name of any person being on the preliminary referendum roll for any district on the ground that that person is not qualified to be registered under the Electoral Act 1993 as an elector of that district.

An objection must be made before the date appointed for the closing of the referendum roll under section 21(2).

Sections 95(2), 95A to 95D, and 97 of the Electoral Act 1993 apply, as far as they are applicable and with any necessary modifications, to an objection.

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.

The Governor-General must appoint, by Order in Council, the date for the closing of the referendum roll.

The Electoral Commission must compile the referendum roll as soon as practicable after that date.

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The supplementary referendum roll is a list of all persons who meet the following criteria:

For the purposes of subsection (1)(b), an application is received before the commencement of the voting period if—

The Electoral Commission must compile the supplementary referendum roll as soon as practicable after the commencement of the voting period.

The referendum roll and the supplementary referendum roll must—

At the request of the Returning Officer, the Electoral Commission must supply the Returning Officer with a copy of the referendum roll and the supplementary referendum roll.

This section applies to every person who—

Such a person is entitled—

For the purposes of subsection (1)(b), an application is received before the commencement of the voting period if—

The Electoral Commission 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 subsections (2) to (4).

The first category is every elector—

The second category is every elector who is disqualified from registration as an elector under section 80 of the Electoral Act 1993.

The third category is every elector whose name has been removed from a roll under—

The Electoral Commission must supply the roll identifier number—

The Returning Officer must make a mark on the Returning Officer’s copy of the roll, by the elector’s name, to indicate that the elector is dead, disqualified, or removed from a roll.

The referendum roll and the supplementary referendum roll must not be printed or made available for purchase or public inspection in any form.

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 49,—

Subsection (2) does not apply to the Returning Officer acting under section 50(1)(b) or to the Clerk of the House acting under section 50(2).

At the request in writing of the panel, the Electoral Commission must supply to the panel in electronic form the information described in subsection (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 as a result of a direction by the Electoral Commission under section 115 of that Act, that shows the following details for each person listed:

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) or the original or a copy of any electronic storage medium on which the information was supplied.

As soon as practicable after the conclusion of the official publicity campaign, the panel must—

As soon as practicable after completing every task for which information was supplied under subsection (3), the person must—

Every elector is qualified to vote at the referendum.

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.

The voting period closes at 7 pm on a Friday to be appointed by the Governor-General by Order in Council.

The Governor-General may, from time to time, before the commencement of the voting period, by Order in Council,—

The Governor-General may not make an Order in Council under subsection (3) if, in relation to a citizens initiated referendum,—

This section is affected by section 22AB of the Citizens Initiated Referenda Act 1993.

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

A voting paper is dispatched by the Returning Officer to an elector when,—

The Returning Officer may dispatch voting papers at any time after the start of the voting period but not later than midnight on the day before the voting period ends.

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 of the roll.

In order to carry out his or her duty under subsection (1), the Returning Officer may place voting papers in the custody of New Zealand Post Limited on the day before the first day of the voting period.

An elector may apply to the Returning Officer for a replacement voting paper, on the grounds that he or she has—

An application must—

If the Returning Officer is satisfied that the person is an elector, the Returning Officer must—

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 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—

An application under this section must—

If the Returning Officer is satisfied that subsection (1) or subsection (2) applies to an elector, the Returning Officer may, in accordance with regulations made under this Act, if any,—

The Returning Officer must make a mark on the Returning Officer’s copy of the roll, 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).

When the Returning Officer posts a voting paper under section 33 or section 34, the Returning Officer must post with it an envelope of one of the following kinds:

When the Returning Officer posts under section 33 or section 34 or faxes under section 35(4)(a) a voting paper, the Returning Officer—

The Returning Officer may extend the voting period if he or she is of the opinion that industrial action, natural disaster, adverse weather conditions, or any other thing has had, or will have, the effect of—

An extension may apply to—

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.

As soon as practicable, the Returning Officer must give—

Subsection (6) applies even though the Returning Officer extends the voting period in relation to—

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.

The elector votes by marking the voting paper with a tick within the space provided for the response for which the elector wishes to vote.

The voting paper may be marked in the manner described in subsection (3) if an elector—

The manner is—

An elector to whom the Returning Officer has dictated the relevant parts of the voting paper under section 35(4)(b) may, in accordance with regulations made under this Act, if any, dictate his or her vote to the Returning Officer. The Returning Officer must mark the voting paper in accordance with the elector’s instructions.

An elector to whom a voting paper was faxed under section 35(4)(a) must, if returning the voting paper, return it by fax to the office of the Returning Officer.

Any other elector may return the voting paper by—

The voting paper may be, but does not have to be, enclosed in an envelope addressed to the Returning Officer.

An elector to whom section 38(2) applies may ask the authorised person to either—

When an elector votes in accordance with section 38(4), the voting paper is returned when the Returning Officer marks the voting paper.

A voting paper returned by post, or by hand, or by fax must be returned before 7 pm on the last day of the voting period.

However, a voting paper may be returned by post after the last day of the voting period as long as—

A voting paper returned under section 39(4) must be returned before 7 pm on the last day of the voting period.

If any voting papers or envelopes containing voting papers are returned, but not in accordance with section 40, the Returning Officer must—

As soon as practicable after any voting paper is returned in accordance with section 40, the Returning Officer must deal with it under subsection (2).

The Returning Officer must, in a manner that preserves the secrecy of the vote,—

The Returning Officer may carry out the duties in subsection (2) by any method and procedure he or she thinks fit, including the use of computer technology.

A voting paper is informal if the Returning Officer is satisfied that the voting paper does not clearly indicate the response for which the elector wished to vote.

A voting paper is invalid if the Returning Officer is satisfied that the voting paper—

The Returning Officer must ensure that—

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 50.

Despite section 46(1), the Returning Officer may from time to time during the voting period assess the feasibility of any method chosen to calculate the result of the referendum if the assessment does not compromise the secrecy of voting or the result of the referendum.

The Returning Officer must ensure that the result of voting is not calculated, whether partially or finally, before 7 pm on the last day of the voting period.

Despite subsection (1), the Returning Officer may from time to time during the voting period issue a press statement giving the total number of votes received at a date specified in the statement, but not the number of votes received for each response.

In this section,—

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.

The Minister may also appoint as many Justices of the Peace to observe the processing of voting papers as the Minister considers necessary.

A Justice—

A Judge must finally determine whether or not any voting paper is valid or informal, if asked to do so by the Returning Officer.

A Justice must not finally determine whether or not any voting paper is valid or informal.

As soon as practicable after 7 pm on the last day of the voting period, the Returning Officer must—

When all the voting papers returned in accordance with section 40 have been processed, the Returning Officer must—

As soon as practicable after declaring the result of the referendum, the Returning Officer must—

The Clerk of the House must,—

Section 190 of the Electoral Act 1993 applies, as far as is applicable and with any necessary modifications, to everything kept by the Clerk of the House under subsection (2).

This section does not apply to an advertisement—

This section does not apply to the publication or broadcast of any news or comments relating to any aspect of a referendum.

A person who publishes or broadcasts an advertisement relating to any aspect of a 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.

Any group of electors dissatisfied with the result of a referendum may apply to the High Court for an inquiry into the conduct of the referendum or of any person connected with it.

A group may make an application only if it has at least 200 members.

Any group of electors may file notice of its intention to oppose an application, if there is only 1, or to oppose specified applications, if there are more than 1.

A group may file such a notice only if it has at least 24 members.

The notice must be in the prescribed form.

Such a notice must be filed at least 3 working days before the day fixed for the start of the hearing.

A group filing such a notice within that time becomes a respondent to the application or applications.

The person complained of is a respondent to the application if the person is—

The application must be in form 3, or in a similar form.

The application must state the specific grounds on which the applicant is dissatisfied with the result of the referendum.

An applicant makes its application by filing the application in the High Court in Wellington.

An applicant must make its application within 20 working days after the Returning Officer has declared the result of the referendum under section 49(b).

The Registrar of the court must send a copy of the application to the Returning Officer as soon as practicable after it is filed.

An application must be served on a group that becomes a respondent under section 53 as soon as practicable after the group files its notice.

An application that asks for an inquiry into the conduct of a person connected with the referendum must be served on the person complained of as soon as practicable after it is made.

An application must be served in a manner as close as possible to that in which a statement of claim is served.

At the hearing, the court has jurisdiction to inquire into and adjudicate on any matter relating to the application in any manner that the court thinks fit.

The court may give leave for grounds other than those stated in the application to be inquired into. The leave may be given on any terms and conditions that the court considers just.

Evidence may be given to prove that the total number of valid votes recorded for each of the 2 answers to the precise question was other than that declared, without any applicant having to state that as a ground of dissatisfaction or the court having to give leave for that ground to be inquired into.

The sections of the Electoral Act 1993 described in subsection (5) of this section, as far as they are applicable and with the necessary modifications, apply to a hearing of an application for an inquiry under this Part or an incidental matter.

The sections of the Electoral Act 1993 referred to in subsection (4) of this section are sections 232 to 234, 235, 236(1), (2), (4) to (7), 240, 241, 242, 247 to 255, 256(1)(a) and (b), and 257.

At the end of a hearing, the court must do one of the following:

If the court declares a referendum void under section 61, a fresh referendum must be held in the manner specified by this Act.

The Registrar of the court must notify the Returning Officer that the referendum has been declared void.

Despite section 30, the voting period for the fresh referendum must commence at the start of the 21st day before the day appointed for the close of the voting period under subsection (4) and no later than 30 working days after the date on which the Returning Officer is notified under subsection (2).

The voting period for a fresh referendum closes at 7 pm on a Friday to be appointed by the Returning Officer by notice in the Gazette.

At the fresh referendum the same roll of electors must be used as was used at the voided referendum.

This section applies to the following persons:

Every such person commits an offence if the person uses or discloses information acquired in connection with the referendum by that person in the capacity described in subsection (1), knowing that the use or disclosure is not required or permitted for the performance of that person’s official duty.

Every person who commits an offence against this section is guilty of a corrupt practice for the purposes of the Electoral Act 1993.

Every person commits an offence and is liable on conviction to a fine not exceeding $2,000—

Every person commits an offence and is liable on conviction to a fine not exceeding $50,000—

Every person commits an offence and is liable on conviction to a fine not exceeding $100,000 who, except for the purposes of the referendum, knowingly copies, supplies, receives, or uses—

Every person who knowingly copies, supplies, receives, or uses any information supplied under section 28(1) or (3), except for the purposes of the official publicity campaign, commits an offence and is liable on conviction to a fine not exceeding $100,000.

Every person who fails, without reasonable excuse, to comply with section 28(4) or (5)commits an offence and is liable on conviction to a fine not exceeding $50,000.

This section applies to any 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—

Every such person commits an offence and is liable on conviction to a fine not exceeding $5,000.

Nothing in this section applies to anything said or done—

Every person to whom section 51 applies commits an offence and is liable on conviction to a fine not exceeding $20,000 who fails, without reasonable excuse, to comply with that section.

Every person commits an offence who—

Every person who commits an offence against this section is liable on conviction,—

Every person who commits an offence against this section is guilty of a corrupt practice for the purposes of the Electoral Act 1993.

In this section,—

This section does not apply to money paid, or agreed to be paid, for or on account of any legal expenses incurred in good faith at or concerning a referendum.

Every person commits the offence of bribery who—

A person commits the offence described in subsection (3) whether he or she does the act described there—

Every person commits the offence of bribery who—

Every person who commits the offence of bribery is guilty of a corrupt practice for the purposes of the Electoral Act 1993.

Every person commits the offence of bribery if, after the voting period, he or she receives any money or valuable consideration on account of—

A person commits the offence described in subsection (1) whether he or she does the act described there—

Every person who commits the offence of bribery is guilty of a corrupt practice for the purposes of the Electoral Act 1993.

In this section, elector includes a person who claims to have a right to vote at a referendum.

An elector commits the offence of bribery if he or she receives, or agrees to receive, or contracts for, any money, gift, loan, valuable consideration, office, place, or employment for himself or herself, or for any other person, for—

An elector commits the offence described in subsection (2) whether he or she does the act described there—

Every elector who commits the offence of bribery is guilty of a corrupt practice for the purposes of the Electoral Act 1993.

Every person commits the offence of treating who corruptly gives or provides, or pays wholly or partly the cost of giving or providing, any food, drink, entertainment, or provision to or for any person—

A person commits the offence described in subsection (1) whether he or she does the act described there—

Every person who is the holder of a licence for the retail sale of alcohol (within the meaning of the Sale and Supply of Alcohol Act 2012) commits the offence of treating who, before or during the voting period, knowingly supplies any food, drink, entertainment, or provision—

Every elector who corruptly accepts or takes any such food, drink, entertainment, or provision also commits the offence of treating.

Every person who commits the offence of treating is guilty of a corrupt practice for the purposes of the Electoral Act 1993.

Every person commits the offence of undue influence who makes use of, or threatens to make use of, any force, violence, or restraint upon or against any person—

A person commits the offence described in subsection (1) whether he or she does an act described there—

Every person commits the offence of undue influence who, by abduction, duress, or any fraudulent device or means,—

Every person who commits the offence of undue influence is guilty of a corrupt practice for the purposes of the Electoral Act 1993.

Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who—

Every person commits an offence and is liable on conviction to a fine not exceeding $5,000—

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 conviction to a fine not exceeding $5,000.

Every person commits the offence of personation who—

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.

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.

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 45(1)(b) is in place commits an offence and is liable on conviction to a fine not exceeding $2,000.

If the Returning Officer, or a person acting under a delegation under section 11(1), fails to take all reasonable steps as required by section 45(2), with the result that any returned voting paper is removed from his or her custody, he or she commits an offence and is liable on conviction to a fine not exceeding $2,000.

Every person commits an offence who is present at the processing of voting papers and—

Every person who commits an offence against subsection (3) is guilty of a corrupt practice for the purposes of the Electoral Act 1993.

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.

In the circumstances described in subsection (2), the Governor-General may, by Order in Council, do any of the things described in subsection (3).

The circumstances are—

The things are—

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Two or more referenda may be held during the same voting period or during overlapping voting periods.

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

Rules of court may be made in the manner prescribed by the Senior Courts Act 2016 for the purposes of this Part.

Regulations under subsection (1) are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The enactments specified in Schedule 2 are amended in the manner indicated in that schedule.

This Part is part of the Citizens Initiated Referenda Act 1993 (in this Part referred to as “the principal Act”).

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