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Referendums Framework Bill

Provisions relating to referendum - General provisions

8: Declaration of referendum by Order in Council

You could also call this:

"The Governor-General decides to hold a referendum with the Minister's approval, setting out the question and details."

Illustration for Referendums Framework Bill

The Governor-General can make a special decision to say that a referendum is needed, but only if the Minister recommends it. You need to know that this decision is about referendums that are required by a law, but not about ones that citizens or the government want to start. The Governor-General's decision will include the exact words of the question, or questions, that voters will be asked, and the options they can choose from. The decision must also say which general election the referendum will happen at.

When the Governor-General makes this decision, it is called an Order in Council, which is a type of secondary legislation, and if you want to know more about what that means, you can look at Part 3 of the Legislation Act 2019 for publication requirements. This Order in Council is made on the recommendation of the Minister, and it is an important part of how referendums work in New Zealand. You can think of it like a formal announcement that sets out the details of the referendum.

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This page was last updated on 25 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1028630.

Topics:

Government and voting > Elections

7: Act binds the Crown, or

"The government must follow this law too"

9: When referendum to take place, or

"When you can vote in a referendum, usually on the same day as a general election"

Part 2Provisions relating to referendum
General provisions

8Declaration of referendum by Order in Council

The Governor-General may, by Order in Council made on the recommendation of the Minister,—
declare a referendum required under an Act (other than a citizens initiated referendum or a government initiated referendum within the meaning of section 3(1) of the Referenda (Postal Voting) Act 2000) to be a referendum for the purposes of this Act; and
set out the wording of—
1. the question, or each question, to be put to electors; and
2. the options for which electors may vote in response to the question.

A declaration must specify the general election at which the referendum is to be held.
An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes