Explanatory note
This Bill provides for the holding of 2 referenda on proposals to reconsider the matter of New Zealand’s head of State.
The first referendum is taken on proposals to determine the matter of New Zealand’s head of State. If one of the three proposals receives a majority vote, that proposal will be implemented. If a majority of votes in this referendum are for the proposal to retain the present head of State, there will be no further referendum. If not, the two options receiving the highest number of votes will be subject to a final, binding referendum.
Clause by clause analysis
Clause 1
is the Title of the Bill.
Clause 2
provides for the Bill to come into force the day after the date on which it receives the Royal assent, with the exceptions of those that will come into force following declarations by the House of Representatives and the Returning Officer regarding results of the referenda.
Clause 3
sets out the purpose of the Bill which is to provide for the holding of 2 referenda on proposals to reconsider the matter of New Zealand’s head of State.
Clause 4
defines terms used in the Bill.
Clause 5
states that this Act binds the Crown.
Clause 6
states that a referendum (the ‘first referendum’) will take place in conjunction with the next general election on the proposals contained in this Bill.
Clause 7
sets out how the provisions of the Electoral Act 1993 relate to the conduct of the first referendum.
Clause 8
states that the first referendum will be conducted using the resources of the general election.
Clause 9
sets out how electors in favour of the proposal may nominate scrutineers.
Clause 10
sets out how nominations for scrutineers are to be lodged.
Clause 11
sets out how scrutineers will be appointed.
Clause 12
states that the selection of scrutineers will be signed by the Returning Officer.
Clause 13
states that persons selected to be scrutineers must also sign papers.
Clause 14
sets out the powers and rights of scrutineers.
Clause 15
states that any remuneration of scrutineers must not be paid out of money appropriated by Parliament for the purpose of conducting the first referendum.
Clause 16
sets out the method of voting.
Clause 17
sets out the procedure for spoilt ballot papers.
Clause 18
sets out which voting papers will be rejected as informal.
Clause 19
states the procedure for the declaration of result of first referendum.
Clause 20
sets out the procedure for a vote recount.
Clause 21
sets out the procedure for the declaration of the results of the first referendum following the elapse of the time of application for recount.
Clause 22
states how sections of Electoral Act 1993 apply to a petition for inquiry under this Bill.
Clause 23
sets out the procedure for a petition for inquiry into the results of the first referendum.
Clause 24
states that the Court must determine whether the result of the referendum is void at the conclusion of the trial of a petition for an inquiry.
Clause 25
states that if a referendum is declared void, a new one must take place in the same manner within 30 working days.
Clause 26
makes attempts to interfere with or influence voters on the day of the referendum an offence.
Clause 27
provides the Returning Officer power to remove statements, names, emblems, slogans, or logos that attempt to influence voters on the day of referendum.
Clause 28
makes obtaining other people’s voting papers, and retaining one’s own voting papers after leaving the polling booth, an offence.
Clause 29
provides powers to the Governor-General, by Order in Council, to make regulations within the purpose of this Act to apply certain provisions of the Electoral Act 1993, and other provisions concerning methods of obtaining special votes.
Clause 30
states that within 12 months a further referendum (the ‘second referendum’) must be held on the two options for head of State that polled the most votes in the first referendum
Clause 31
states that the wording of the voting paper to be put to electors in the second referendum is specified by the Governor-General by Order in Council.
Clause 32
states that the referendum roll used for the second referendum must be the same as that used for the first referendum.
Clause 33
provides for the implementation of the result of the second referendum.
Clause 34
states that the provisions of the Referenda (Postal Voting) Act 2000 apply for the purposes of the second referendum.
Clause 35
sets out consequential amendments and repeals.
Clause 36
sets out the process by which the House of Representatives appoints the head of State.
Clause 37
sets out the processes which occur if no nomination for head of State receives 75% or more of votes cast.
Clause 38
states that the Clerk of the House of Representatives must declare the final decision of the House of Representatives by notification in the
Gazette
.
Clause 39
states that the head of State holds office for a period not exceeding 5 years.
Clause 40
states that on the expiry of the term of office of the head of State, a subsequent head of State must be appointed by resolution of the House of Representatives.
Clause 41
sets out the processes for nomination of candidates for election of head of State.
Clause 42
states that every elector is qualified to be nominated as a candidate for the election of head of State.
Clause 43
states that the nomination paper must be lodged with the Chief Electoral Officer not less than 30 days before the date fixed for the election of head of State.
Clause 44
states that the provisions of the Referenda (Postal Voting) Act 2000, with any necessary modifications, apply for the purposes of the election of head of State.
Clause 45
states that the head of State election must be conducted by the Single Transferable Voting electoral system (STV) using Meek’s method of counting votes.
Clause 46
sets out which voting papers must be rejected by the Returning Officer as informal.
Clause 47
states that the Referenda (Postal Voting) Act 2000 applies for the purposes of counting the votes and dealing with vote papers, and that the Returning Officer must declare the result of the election by giving public and
Gazette
notice of the results.
Clause 48
states that the head of State elected holds office for a period not exceeding 5 years.
Clause 49
states that on expiry of the term of office of the head of State, a subsequent head of State must be elected by electors in accordance with the necessary provisions of the Referenda (Postal Voting) Act 2000.
Clause 50
sets out how electors in favour of the proposal may nominate scrutineers.
Clause 51
sets out how nominations for scrutineers are to be lodged.
Clause 52
sets out how scrutineers will be appointed.
Clause 53
states that the selection of scrutineers will be signed by the Returning Officer.
Clause 54
states that persons selected to be scrutineers must also sign papers.
Clause 55
states that the powers and rights of scrutineers are the same as those of scutineers under the Electoral Act 1993.
Clause 56
states that any remuneration of scrutineers must not be paid out of money appropriated by Parliament for the purpose of conducting a head of State referendum.
Clause 57
sets out the procedure for a vote recount.
Clause 58
sets out how sections of Electoral Act 1993 apply to a petition for inquiry under this Bill.
Clause 59
sets out the procedure for a petition for inquiry into the results of the head of State referendum.
Clause 60
states that the Court must determine whether the result of the referendum is void at the conclusion of the trial of a petition for an inquiry.
Clause 61
states that if a referendum is declared void, a new one must take place in the same manner within 30 working days.
Clause 62
sets out the maximum amount of candidate election expenses.
Clause 63
states that certain provisions of the Electoral Act 1993 apply as if a return by a constituency candidate were a return by a head of State candidate.
Clause 64
sets out the rules regarding publicity for election of head of State
Clause 65
states that certain parts of the Referenda (Postal Voting) Act 2000 apply as if the election of head of State were a referendum held under this Act.
Clause 66
states that the rights conferred and obligations imposed by the Treaty of Waitangi continue as if this Act had not been passed.
Schedule 1
sets out consequential amendments to other enactments.
Schedule 2
gives an example of the Head of State reconsideration voting paper to be used in the first referendum.
Schedule 3
gives examples of relevant forms for scrutineers and returning officers for the first referendum.
Schedule 4
gives an example of the form for a petition for inquiry as to result of first referendum on options for head of State.
Schedule 5
gives an example of the paper for nomination of candidate for head of State election.
Schedule 6
gives a general description of the STV system.
Schedule 7
gives an example of the voting paper for the election of head of State.
Schedule 8
gives examples of relevant forms for scrutineers and returning officers for the election of the head of State.
Schedule 9
gives an example of the form for petition for inquiry as to result of election of head of State.
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