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Referendums Framework Bill

Provisions relating to referendum - Petitions

30: Procedural matters

You could also call this:

"Rules to help run a referendum petition fairly and smoothly"

Illustration for Referendums Framework Bill

If a referendum petition is made, some rules from the election laws will apply to it. These rules are like a guide to help things run smoothly. The rules that apply are from the 1993 Act and the Constituency Election Petition Rules 2008, but with some changes to make them suitable for a referendum petition.

You can think of it like a set of instructions that help the court handle the petition in a fair and orderly way. The rules cover things like how to start the process, what happens during the trial, and who pays the costs.

The court will use these rules to make decisions about the referendum petition, and they will help make sure everything is done properly and according to the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1028658.


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29: Respondents, or

"Who can oppose a petition and respond to it"


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31: Jurisdiction of High Court, or

"What happens if someone takes a referendum issue to the High Court"

Part 2Provisions relating to referendum
Petitions

30Procedural matters

  1. The provisions listed in subsection (2) apply to a referendum petition as if it were an election petition, to the extent that they are relevant and with any necessary modifications.

  2. The provisions that apply are—

  3. the following sections of Part 8 of the 1993 Act (which relates to election petitions):
    1. sections 232 to 234 (which provide for security for costs, the hearing of more than 1 petition, and the making of rules of court for the purposes of petitions); and
      1. sections 235, 236(2) and (4) to (6), 240, 241, 242, and 247 to 249 (which relate to the conduct of a trial of a petition); and
        1. sections 250 to 255 and 256(1) (except paragraph (c)) (which relate to costs, the withdrawal or abatement of a petition, and matters relevant to respondents); and
          1. section 257 (which requires the report of the High Court to be submitted to the Attorney-General); and
          2. the Constituency Election Petition Rules 2008, except that—
            1. rules 6, 8, and 23 do not apply; and
              1. in rule 16(4)(b), the words “in a newspaper circulating in the district to which the petition relates” must be read as “in the manner that the court directs”.