New Zealand, national Obligatory referendum [LOR] - Referendum according Electoral Act (Amendments)
General Typology
- Instrument
- Obligatory referendum [LOR]
- Location
- New Zealand
- Political level
- national
- Local Name:
- Referendum according Electoral Act (Amendments)
- Normative Level:
- statutory
- Legally Binding:
- yes
- Legally Defined:
-
268 Restriction on amendment or repeal of certain provisions
(1) This section applies to the following provisions (hereinafter referred to as reserved provisions), namely,
(a) section 17(1) of the Constitution Act 1986, relating to the term of Parliament:
(b) section 28, relating to the Representation Commission:
(c) section 35, and the definition of the term General electoral population in section 3(1), relating to the division of New Zealand into electoral districts after each census:
(d) section 36, relating to the allowance for the adjustment of the quota:
(e) section 74, and the definition of the term adult in section 3(1), and section 60(f), so far as those provisions prescribe 18 years as the minimum age for persons qualified to be registered as electors or to vote:
(f) section 168, relating to the method of voting.
(2) No reserved provision shall be repealed or amended unless the proposal for the amendment or repeal
(a) is passed by a majority of 75% of all the members of the House of Representatives; or
(b) has been carried by a majority of the valid votes cast at a poll of the electors of the General and Maori electoral districts: provided that this section shall not apply to the repeal of any reserved provision by a consolidating Act in which that provision is re-enacted without amendment and this section is re-enacted without amendment so as to apply to that provision as re-enacted.
References: Electoral Act, 1993 (accessed 11.05.2020)
- Subject Matter:
-
To amend specified "constitutional" provisions of Electoral Act
Actors
- Initiator:
- Parliament (Majority less than 75%)
- Decision maker:
- Electorate
Requirements
- Available Time:
- Turnout Quorum:
- No turnout quorum found in legal source
- Approval Quorum:
- Carried by a majority of the valid votes cast at a poll of the electors of the General and Maori electoral districts
- Geographical Quorum:
- Carried by a majority of the valid votes cast at a poll of the electors of the General and Maori electoral districts
- Excluded Issues:
- Other Formal Requirements:
-
In case of 75% majority in parliament a referendum is not necessary.
Procedural Elements
- Wording Of Ballot Question:
- Interaction With Authorities:
- Supervision And Support:
- Transparency And Finance:
Practice
- Archive:
- Remarks: