πΌ Referenda (citizens initiated)
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The establishment date of this function is based on the date the Citizens Initiated Referenda Act 1993 received Royal Assent, 28 September 1993.
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The Citizens Initiated Referenda Act 1993 allowed any person to start a petition asking that a national referendum be held.
The process for obtaining a referendum was set out as follows1:
Stage 1 - Starting a Referendum
Any citizen or group of citizens who wanted a referendum was required to present a written proposal to the Clerk of the House of Representatives. The proposal had to include:
• the promoters name
• the name of the promoters contact representative or spokesperson (if there was one)
• the promoters contact address or the address of their representative or spokesperson (if you have one)
• a draft of the proposed wording for the petition
• a draft of the petition collection form.
A fee was required to be paid to the Clerk.
Stage 2 - Question and Petition Form Approval
If all the steps in stage 1 were correctly carried out, the Clerk advertised the proposed question in the New Zealand Gazette and major daily newspapers. The public had at least 28 days to make written comments to the Clerk on the wording of the proposed question.
The Clerk determined the wording of the question to be asked in the petition by:
• considering the citizens written proposal
• considering the public's comments
• considering any other relevant matters
• consulting the initiator and other people.
The Clerk had three months to determine the wording of the question. The wording of the question needed to:
• show clearly the referendum's purpose and effect
• ensure that only one of two answers could be given to the question (for example, yes or no).
The wording of the question was not determined (i.e. the petition would not proceed) if:
• the initiator withdraw (in writing) their proposal
• the initiator was a corporation that was dissolved or wound up
• a similar citizens initiated referendum was held within the preceding five years
• the initiator dies
• the petition was about the election of a member of Parliament (MP)
• the petition was about the way a referendum was held.
Once the wording was determined, the Clerk also approved the petition form to be used to collect signatures. Supplying these approved petition forms was the promoters responsibility. The Clerk then advertised in the New Zealand Gazette and major daily newspapers:
• that the initiator was the promoter of the petition
• that the initiator was approved to use the determined wording of the referendum question and the approved petition form
• the determined wording of the referendum question.
The initiator was then free to promote the petition and collect signatures, which could only be on the approved petition form.
Stage 3 - Collecting Signatures
The initiator was given 12 months in which to collect signatures and to deliver the petition to the Clerk. The petition was required to have the signatures of at least 10% of all eligible electors. Eligible electors included those on the General and Maori electoral rolls. All the signatures were required to be on the approved petition forms, otherwise those signatures would not be counted.
People who signed the petition forms were required to state:
• their full name
• their residential address
• their birth date is optional.
Stage 4 - Checking the Petition
The petition ended if it was not delivered to the Clerk within 12 months of the Clerk's advertisement of the determined wording of the referendum question. If it was delivered within the 12-month period, the petition went through certification process. The Clerk checked that the petition was signed by at least 10% of all eligible electors, and either certified that the petition was correct or that it had lapsed (that is fail to meet the 10% threshold). If the petition lapsed, the promoter was notified and given the opportunity to collect more valid signatures within two-months for re-submission.
The maximum amount of time for a petition to be checked was 2 months.
Stage 5 - Holding the Referendum
The Governor-General had a month from the time the petition was presented to the House of Representatives to set a date for the referendum, or to specify that the referendum was to be conducted by postal voting. The date of the referendum:
• had to be within 12 months of the petition being presented to the House
• could be changed to be within 12 to 24 months of the petition's presentation if 75% of all MPs agreed
• could be the same day as a general election
• could be changed to the same day as a snap election.
Stage 6 - Announcing the Result
The Electoral Commission announced the final results of the referendum.
The result of a citizens initiated referendum was not binding on the Government, meaning that it had the option of whether or not to act on the result of the referendum.
Other Rules
Under the Citizens Initiated Referenda Act, it is an offence for:
• the promoter or the promoters organisation to spend more than $50,000 promoting the petition
• the promoter or the promoters organisation to spend more than $50,000 promoting an answer to the referendum
The maximum fine for overspending either limit was $20,000.
The promoter was required to record the amount of money they or their organisation spent on advertising in relation to the petition or referendum and specify where the advertisements were broadcast or published. This was reported to the Electoral Commission. The maximum fine for not doing so was $20,000.
For making a false report the maximum fine was $20,000 or one year's imprisonment or both.
Expenditure reports were available for the public to inspect.
Every advertisement in connection with a petition, or promoting an answer to a referendum, was required to include the true name and contact address of the person responsible for the advertisement. The maximum fine for not doing so was $10,000.
1. Ministry of Justice website, http://www.justice.govt.nz/publications/publications-archived/2001/the-citizen-initiated-referenda-act-1993/publication/?searchterm=Citizens Initiated Referendum (accessed 5 January 2012).
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Show History
The Citizens Initiated Referenda Act 1993 allowed any person to start a petition asking that a national referendum be held.
The process for obtaining a referendum was set out as follows1:
Stage 1 - Starting a Referendum
Any citizen or group of citizens who wanted a referendum was required to present a written proposal to the Clerk of the House of Representatives. The proposal had to include:
• the promoters name
• the name of the promoters contact representative or spokesperson (if there was one)
• the promoters contact address or the address of their representative or spokesperson (if you have one)
• a draft of the proposed wording for the petition
• a draft of the petition collection form.
A fee was required to be paid to the Clerk.
Stage 2 - Question and Petition Form Approval
If all the steps in stage 1 were correctly carried out, the Clerk advertised the proposed question in the New Zealand Gazette and major daily newspapers. The public had at least 28 days to make written comments to the Clerk on the wording of the proposed question.
The Clerk determined the wording of the question to be asked in the petition by:
• considering the citizens written proposal
• considering the public's comments
• considering any other relevant matters
• consulting the initiator and other people.
The Clerk had three months to determine the wording of the question. The wording of the question needed to:
• show clearly the referendum's purpose and effect
• ensure that only one of two answers could be given to the question (for example, yes or no).
The wording of the question was not determined (i.e. the petition would not proceed) if:
• the initiator withdraw (in writing) their proposal
• the initiator was a corporation that was dissolved or wound up
• a similar citizens initiated referendum was held within the preceding five years
• the initiator dies
• the petition was about the election of a member of Parliament (MP)
• the petition was about the way a referendum was held.
Once the wording was determined, the Clerk also approved the petition form to be used to collect signatures. Supplying these approved petition forms was the promoters responsibility. The Clerk then advertised in the New Zealand Gazette and major daily newspapers:
• that the initiator was the promoter of the petition
• that the initiator was approved to use the determined wording of the referendum question and the approved petition form
• the determined wording of the referendum question.
The initiator was then free to promote the petition and collect signatures, which could only be on the approved petition form.
Stage 3 - Collecting Signatures
The initiator was given 12 months in which to collect signatures and to deliver the petition to the Clerk. The petition was required to have the signatures of at least 10% of all eligible electors. Eligible electors included those on the General and Maori electoral rolls. All the signatures were required to be on the approved petition forms, otherwise those signatures would not be counted.
People who signed the petition forms were required to state:
• their full name
• their residential address
• their birth date is optional.
Stage 4 - Checking the Petition
The petition ended if it was not delivered to the Clerk within 12 months of the Clerk's advertisement of the determined wording of the referendum question. If it was delivered within the 12-month period, the petition went through certification process. The Clerk checked that the petition was signed by at least 10% of all eligible electors, and either certified that the petition was correct or that it had lapsed (that is fail to meet the 10% threshold). If the petition lapsed, the promoter was notified and given the opportunity to collect more valid signatures within two-months for re-submission.
The maximum amount of time for a petition to be checked was 2 months.
Stage 5 - Holding the Referendum
The Governor-General had a month from the time the petition was presented to the House of Representatives to set a date for the referendum, or to specify that the referendum was to be conducted by postal voting. The date of the referendum:
• had to be within 12 months of the petition being presented to the House
• could be changed to be within 12 to 24 months of the petition's presentation if 75% of all MPs agreed
• could be the same day as a general election
• could be changed to the same day as a snap election.
Stage 6 - Announcing the Result
The Electoral Commission announced the final results of the referendum.
The result of a citizens initiated referendum was not binding on the Government, meaning that it had the option of whether or not to act on the result of the referendum.
Other Rules
Under the Citizens Initiated Referenda Act, it is an offence for:
• the promoter or the promoters organisation to spend more than $50,000 promoting the petition
• the promoter or the promoters organisation to spend more than $50,000 promoting an answer to the referendum
The maximum fine for overspending either limit was $20,000.
The promoter was required to record the amount of money they or their organisation spent on advertising in relation to the petition or referendum and specify where the advertisements were broadcast or published. This was reported to the Electoral Commission. The maximum fine for not doing so was $20,000.
For making a false report the maximum fine was $20,000 or one year's imprisonment or both.
Expenditure reports were available for the public to inspect.
Every advertisement in connection with a petition, or promoting an answer to a referendum, was required to include the true name and contact address of the person responsible for the advertisement. The maximum fine for not doing so was $10,000.
1. Ministry of Justice website, http://www.justice.govt.nz/publications/publications-archived/2001/the-citizen-initiated-referenda-act-1993/publication/?searchterm=Citizens Initiated Referendum (accessed 5 January 2012).
The establishment date of this function is based on the date the Citizens Initiated Referenda Act 1993 received Royal Assent, 28 September 1993.
- π’ Ministry of Justice, Head Office (1995 ‑ )
- π’ Department of Justice, Head Office (1993 ‑ 1995)
- π Justice (1993 ‑ )