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This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Referendums Framework Bill

Provisions relating to referendum - Petitions

32: Fresh referendum

You could also call this:

"What happens if a referendum is deemed invalid and a new one is held"

Illustration for Referendums Framework Bill

If the High Court says a referendum is not valid, you need to know what happens next. The court tells the Electoral Commission the referendum is not valid. Then, a new referendum must be held. The Governor-General decides when the new referendum will happen, within six months of the court's decision. The same list of voters is used for the new referendum as was used for the one that was not valid.

A new referendum is run according to the rules in this proposed bill, with some changes if needed. When the Governor-General makes a decision about the new referendum, it is a type of law called secondary legislation, which has its own publication rules, see Part 3 of the Legislation Act 2019 for more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1028660.

Topics:
Government and voting > Elections
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31: Jurisdiction of High Court, or

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

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33: Application of provisions of 1993 Act in respect of referendum, or

"Rules from the 1993 law also apply to referendums, with some words having special meanings."

Part 2Provisions relating to referendum
Petitions

32Fresh referendum

  1. If the High Court declares the referendum to be void,—

  2. the Registrar of the court must notify the Electoral Commission that the referendum is void; and
    1. a fresh referendum must be held; and
      1. not later than 30 working days after a declaration is made under section 31(4)(b), the Governor-General, by Order in Council, must appoint the day for the fresh referendum to be held, which must not be later than 6 months after the date of the declaration; and
        1. the same roll of electors must be used at the fresh referendum as was used at the referendum declared to be void; and
          1. a fresh referendum must be conducted in accordance with the provisions of this Act, with any necessary modifications, and to the extent that the provisions are relevant.

            1. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

            Notes