New Zealand, national Popular or citizens initiative [PCI] - Indicative Referendum Petition

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
New Zealand
Political level
national
Local Name:
Indicative Referendum Petition
Normative Level:
statutory
Legally Binding:
no
Legally Defined:

3 Indicative referendum petition
A petition seeking the holding of an indicative referendum may, in accordance with this Act, be presented to the House of Representatives.

4 Prohibitions
An indicative referendum petition shall not relate to a matter that is or could be or could have been the subject of an election petition under Part 8 of the Electoral Act 1993 or of an application under this Act.

6 Proposal to promote indicative referendum petition
(1) Every person who proposes to promote an indicative referendum petition shall submit the proposal to the Clerk of the House of Representatives.
(2) The proposal shall be accompanied by
(a) a draft of the proposed indicative referendum petition;
and
(b) the prescribed fee.
(3) The proposal shall clearly state
(a) the name of the proposer; and
(b) an address in New Zealand at which the proposer or a representative of the proposer can be contacted; and
(c) where a representative of the proposer is the person to be contacted, the name of that representative.

5 Contents of indicative referendum petition

(1) Every indicative referendum petition—

(a) shall ask that an indicative referendum be held; and

(b) shall specify the question that the petitioners propose be put to the voters

in the indicative referendum.

(2) Neither an indicative referendum petition nor an indicative referendum may relate to more than 1 question.

8 Comments on wording

The Clerk of the House of Representatives, on receiving any comments made under section 7(2)(b), shall—

(a) give 1 copy of those comments to the person who submitted the proposal; and

(b) make 1 copy of those comments available for public inspection at the office of the Clerk of the House of Representatives.

Consultation on wording of precise question

The Clerk of the House of Representatives, before making a determination under section 11,—

(a) shall consult with the person who submitted the proposal to promote the indicative referendum petition; and

(b) may consult with such other persons as the Clerk of the House of Representatives thinks fit.

10 Criteria

(1) The wording of the precise question to be put to the voters, as determinedunder section 11 by the Clerk of the House of Representatives,—

(a) shall be such as to convey clearly the purpose and effect of the indicative referendum; and

(b) shall be such as to ensure that only 1 of 2 answers may be given to the question.

(2) Subject to subsection (1), the Clerk of the House of Representatives, in making a determination under section 11,—

(a) shall take into account—

(i) the proposal submitted under section 6; and

(ii) any comments received under section 7(2)(b); and

(iii) the consultation that took place under section 9; and

(b) may take into account such other matters as the Clerk of the House of Representatives considers relevant.

14 Promotion of indicative referendum petition

(1) Subject to subsections (2) and (3), and to section 15, the promoter of an indicative referendum petition may, on receiving notification under section 13(1), proceed to promote the petition and to collect signatures.

(2) All signatures to the indicative referendum petition must be on forms approved in writing in relation to that petition under section 12.

(3) It shall be the responsibility of the promoter to ensure that a sufficient quantity of forms is made available and that the forms are printed in accordance with the approval given by the Clerk of the House of Representatives.


15 Requirements in relation to indicative referendum petition

(1) Every signatory to an indicative referendum petition

(a) shall, against his or her signature, state

(i) his or her full name; and

(ii) his or her residential address; and

(b) may, against his or her signature, state his or her date of birth.

(2) Failure by a signatory to comply with any of the requirements of subsection (1) shall not of itself prevent the signature of that signatory from being used for the purposes of determining the number of signatures that must be checked in accordance with section 19.

(3) The promoter shall deliver the indicative referendum petition to the Clerk of the House of Representatives within 12 months after the date of the publication in the Gazette of the notice required by section 13(1)(b).

(4) Subject to section 20, no pages or signatures shall be added to an indicative referendum petition after it has been delivered to the Clerk of the House of Representatives.

(5) An indicative referendum petition shall lapse if it is not delivered to the Clerk of the House of Representatives within the time prescribed by subsection (3).


22AA Date of indicative referendum not conducted by postal voting

(1) The date appointed under section 22(2)(a) for holding the indicative referendum under this Act must be a date within 12 months after the date on which the indicative referendum petition is presented to the House of Representatives.

(2) However, subsection (1) does not apply in the circumstances described in subsection (3) or subsection (5).

(3) The circumstances referred to in subsection (2) are that—

(a) the House of Representatives passes a resolution deferring the holding of the indicative referendum; and

(b) the resolution is passed within 3 months after the date on which the petition is presented to the House of Representatives; and

(c) the resolution is passed by a majority of 75% of all the members; and

(d) the House of Representatives fixes a date for the holding of the indicative referendum, and the date is not earlier than 12 months, and not later than 24 months, after the date on which the indicative referendum petition is presented to the House of Representatives.

(4) In the circumstances described in subsection (3), the date on which the indicative referendum is held is the date fixed by the House of Representatives.

(5) The circumstances referred to in subsection (2) are that—

(a) a general election must be held on a date that is within 12 months after the date on which the indicative referendum petition is presented to the House of Representatives (because of section 17 of the Constitution Act 1986); and

(b) the House of Representatives passes a resolution requiring the indicative referendum to be held on the polling day for the general election.

(6) In the circumstances described in subsection (5), the indicative referendum is held on polling day.

(7) If a writ for a general election is issued under section 125 of the Electoral Act 1993 after an Order in Council has been made under section 22(2)(a), the Governor-General may, by Order in Council, revoke the former Order in Council and appoint the polling day for the general election as the day on which the indicative referendum is to be held.

22AB Date of indicative referendum conducted by postal voting

(1) This section applies when the Governor-General makes an Order in Council in accordance with section 22(2)(b) specifying that the indicative referendum be conducted by postal voting.

(2) The Friday appointed by the Governor-General under section 30(2) of the Referenda (Postal Voting) Act 2000 must be within 12 months after the date on which the indicative referendum petition is presented to the House of Representatives.

(3) However, subsection (2) does not apply in the circumstances described in subsection (4) or subsection (6).

(4) The circumstances are that—

(a) the House of Representatives passes a resolution deferring the holding of the indicative referendum; and

(b) the resolution is passed within 3 months after the date on which the petition is presented to the House of Representatives; and

(c) the resolution is passed by a majority of 75% of all the members; and

(d) the House of Representatives fixes a date for the closing of the voting period, and the date is not earlier than 12 months, and not later than 24 months, after the date on which the indicative referendum petition is presented to the House of Representatives.

(5) In the circumstances described in subsection (4),—

(a) the Governor-General does not appoint a Friday under section 30(2) of the Referenda (Postal Voting) Act 2000; and

(b) the date on which the voting period closes is the date fixed by the House of Representatives.

(6) The circumstances referred to in subsection (3) are that—

(a) a general election must be held on a date that is within 12 months after the date on which the indicative referendum petition is presented to the House of Representatives (because of section 17 of the Constitution Act 1986); and

(b) the House of Representatives passes a resolution requiring the voting period to close on the polling day for the general election.

(7) In the circumstances described in subsection (6), the date on which the voting period closes is polling day.

(8) If a writ for a general election is issued under section 125 of the Electoral Act 1993 after an Order in Council has been made in accordance with section 22(2)(b), the Governor-General may, by Order in Council, revoke the former Order in Council and appoint the polling day for the general election as the day on which the voting period closes.

40 Declaration of result

(1) This section applies when the Governor-General makes an Order in Council, under section 22(2)(a) or section 22AA(7), appointing the date on which an indicative referendum is to be held under this Act.

(2) The Electoral Commission—

(a) must notify in the Gazette—

(i) the total number of valid votes recorded for each of the 2 answers to the precise question; and

(ii) the total number of valid votes recorded in each electoral district for each of the 2 answers to the precise question; and

(b) must give to the Minister of Justice written notice of the numbers notified in the Gazette under paragraph (a).

(3) The Minister of Justice must, as soon as practicable, present to the House of Representatives a copy of the notice given to the Minister of Justice under subsection (2)(b).

40AA Declaration of result of indicative referendum conducted by postal voting

(1) This section applies when the Governor-General makes an Order in Council in accordance with section 22(2)(b) specifying that the indicative referendum be conducted by postal voting.

(2) The result of an indicative referendum conducted by postal voting must be declared under section 49 of the Referenda (Postal Voting) Act 2000.


References: The Citizens Initiated Referenda Act,1993 (accessed 11.05.2020

Subject Matter:

To call a non-binding referendum

Actors

Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
10% of electorate
Available Time:
12 months
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Legal source does not mention special approval quorum
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:
Other Formal Requirements:

Procedural Elements

Collection Mode:
Specify Collection Mode:
Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks: