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Referendums Framework Bill

Provisions relating to referendum - Validation of irregularities

35: Validation of irregularities

You could also call this:

"Fixing mistakes made when running a referendum"

Illustration for Referendums Framework Bill

If something is not done correctly when running a referendum, you might wonder what happens. This section is about fixing mistakes made when following rules in sections 14 to 17 and 20 to 26 of this Act, or any regulations under it. You might see mistakes like something not being done on time, or being done at the wrong time, or not being done correctly.

The Governor-General can help fix these mistakes by making an Order in Council, which can extend the time to do something, or make something done at the wrong time valid, or fix something that was done incorrectly. This can happen before or after the time something was supposed to be done.

However, if the High Court thinks a mistake has changed the result of the referendum, this section does not apply. If the Governor-General makes an order to fix a mistake, it is considered secondary legislation, and you can find out more about what that means by looking at Part 3 of the Legislation Act 2019 for publication requirements.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1028665.

Topics:
Government and voting > Elections
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Part 2Provisions relating to referendum
Validation of irregularities

35Validation of irregularities

  1. This section applies if anything required to be done in relation to the conduct of a referendum by or under sections 14 to 17 and 20 to 26 or any regulations under this Act—

  2. is not done at the time required; or
    1. is done before or after the time required; or
      1. is done in any other irregular manner or form.

        1. The Governor-General may, by Order in Council, at any time before or after the time within which anything is required to be done,—

        2. extend the time; or
          1. validate anything done before or after the time required; or
            1. validate anything irregularly done in manner or form.

              1. However, this section does not apply to any matter described in subsection (1) if the High Court finds that the irregularity has materially affected the result of the referendum.

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

              Notes