End of Life Choice Act 2019

1: Title
This Act is the End of Life Choice Act 2019.
2: Commencement
1: If a majority of electors voting in a referendum respond to the question in subsection (2)
2: The wording of the question to be put to electors in a referendum for the purposes of subsection (1) Do you support the End of Life Choice Act 2019
3: The wording of the 2 options for which electors may vote in response to the question is— Yes, I support the End of Life Choice Act 2019 No, I do not support the End of Life Choice Act 2019
4: This section overrides any other enactment to the extent that the enactment specifies any wording of the question or the options for the referendum that is different from the wording in subsections (2) and (3)
5: If this Act does not come into force under subsection (1)
6: In this section, referendum
a: means a referendum providing electors with an opportunity to decide whether this Act should come into force; and
b: includes any fresh referendum required to be held if the High Court, on a petition, declares the referendum under paragraph (a) Section 2(1) brought into force 6 November 2021 2020 End of Life Choice Referendum Declaration of Official Results Gazette
1: Preliminary provisions
3: Purpose of Act
The purpose of this Act is—
a: to give persons who have a terminal illness and who meet certain criteria the option of lawfully requesting medical assistance to end their lives; and
b: to establish a lawful process for assisting eligible persons who exercise that option.
4: Interpretation
In this Act, unless the context otherwise requires,— approved form section 40 assisted dying
a: the administration by an attending medical practitioner or an attending nurse practitioner of medication to the person to relieve the person’s suffering by hastening death; or
b: the self-administration by the person of medication to relieve their suffering by hastening death attending medical practitioner attending nurse practitioner authority section 5(1) Code of Health and Disability Services Consumers’ Rights section 74(1) competent to make an informed decision about assisted dying section 6 conscientious objection Director-General eligible person section 5 health practitioner section 5(1) independent medical practitioner
a: in relation to a person who has requested to exercise the option of receiving assisted dying, is independent of the person and of the person’s attending medical practitioner (and any replacement medical practitioner); and
b: has held, for at least the previous 5 years, a practising certificate, or the equivalent certification from an overseas authority responsible for the registration or licensing of medical practitioners medical practitioner
a: is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a)
b: holds a current practising certificate medication Minister
a: under the authority of a warrant; or
b: under the authority of the Prime Minister Ministry nurse practitioner
a: is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a)
b: holds a current practising certificate person who is eligible for assisted dying section 5 pharmacist
a: is, or is deemed to be, registered with the Pharmacy Council established by section 114(5)
b: holds a current practising certificate psychiatrist Registrar section 27 Review Committee section 26 SCENZ SCENZ Group section 25
5: Meaning of person who is eligible for assisted dying or eligible person
1: In this Act, person who is eligible for assisted dying eligible person
a: is aged 18 years or over; and
b: is—
i: a person who has New Zealand citizenship as provided in the Citizenship Act 1977
ii: a permanent resident as defined in section 4
c: suffers from a terminal illness that is likely to end the person’s life within 6 months; and
d: is in an advanced state of irreversible decline in physical capability; and
e: experiences unbearable suffering that cannot be relieved in a manner that the person considers tolerable; and
f: is competent to make an informed decision about assisted dying.
2: A person is not a person who is eligible for assisted dying or an eligible person by reason only that the person—
a: is suffering from any form of mental disorder or mental illness; or
b: has a disability of any kind; or
c: is of advanced age.
6: Meaning of competent to make an informed decision about assisted dying
In this Act, a person is competent to make an informed decision about assisted dying
a: understand information about the nature of assisted dying that is relevant to the decision; and
b: retain that information to the extent necessary to make the decision; and
c: use or weigh that information as part of the process of making the decision; and
d: communicate the decision in some way.
7: Act binds the Crown
This Act binds the Crown.
2: Assisted dying
8: Conscientious objection
1: A health practitioner is not under any obligation to assist any person who wishes to exercise the option of receiving assisted dying under this Act if the health practitioner has a conscientious objection to providing that assistance to the person.
2: Subsection (1)
a: applies despite any legal obligation to which the health practitioner is subject, regardless of how the legal obligation arises; but
b: does not apply to the obligation in section 9(2)
3: An employer must not—
a: deny to an employee any employment, accommodation, goods, service, right, title, privilege, or benefit merely because the employee objects on the grounds of conscience to providing any assistance referred to in subsection (1)
b: provide or grant to an employee any employment, accommodation, goods, service, right, title, privilege, or benefit conditional upon the employee providing or agreeing to provide any assistance referred to in subsection (1)
4: A person who suffers any loss by reason of any breach of subsection (3)
5: In subsection (3) employee
9: Effect of conscientious objection by attending medical practitioner
1: This section applies if—
a: a person informs the attending medical practitioner under section 11(1)
b: the attending medical practitioner has a conscientious objection to providing that option to the person.
2: The attending medical practitioner must tell the person—
a: of their conscientious objection; and
b: of the person’s right to ask the SCENZ Group for the name and contact details of a replacement medical practitioner.
3: If the person chooses to have a replacement medical practitioner, all subsequent references in this Act to the attending medical practitioner (except in section 11(1)
10: Assisted dying must not be initiated by health practitioner
1: A health practitioner who provides any health service to a person must not, in the course of providing that service to the person,—
a: initiate any discussion with the person that, in substance, is about assisted dying under this Act; or
b: make any suggestion to the person that, in substance, is a suggestion that the person exercise the option of receiving assisted dying under this Act.
2: Subsection (1)
a: discussing with a person, at that person’s request, assisted dying under this Act; or
b: providing information to a person, at that person’s request, about assisted dying under this Act.
3: A health practitioner who contravenes subsection (1)
a: is not to be treated as having committed an offence under section 39(1)
b: may under the Health and Disability Commissioner Act 1994
c: may be the subject of disciplinary proceedings for professional misconduct under the Health Practitioners Competence Assurance Act 2003
4: In this section, health service section 5(1)
11: Request made
1: A person who wishes to exercise the option of receiving assisted dying must inform the attending medical practitioner of their wish.
2: The attending medical practitioner must—
a: give the person the following information:
i: the prognosis for the person’s terminal illness; and
ii: the irreversible nature of assisted dying; and
iii: the anticipated impacts of assisted dying; and
b: personally communicate by any means (for example, by telephone or electronic communication) with the person about the person’s wish at intervals determined by the progress of the person’s terminal illness; and
c: ensure that the person understands their other options for end-of-life care; and
d: ensure that the person knows that they can decide at any time before the administration of the medication not to receive the medication; and
e: encourage the person to discuss their wish with others such as family, friends, and counsellors; and
f: ensure that the person knows that they are not obliged to discuss their wish with anyone; and
g: ensure that the person has had the opportunity to discuss their wish with those whom they choose; and
h: do their best to ensure that the person expresses their wish free from pressure from any other person by—
i: conferring with other health practitioners who are in regular contact with the person; and
ii: conferring with members of the person’s family approved by the person; and
i: record the actions they have taken to comply with paragraphs (a) to (h)
12: Request confirmed
1: This section applies after the attending medical practitioner complies with section 11
2: If the person requesting to exercise the option of receiving assisted dying ( A section 11(2)(i)
3: A must—
a: sign and date the second part of the form; or
b: be present when the second part of the form is signed and dated as described in subsection (4)
4: The second part of the form may be signed and dated by another person ( B
a: A cannot write for any reason; and
b: A requests B to sign and date it; and
c: B notes on the form that they signed the second part of the form in the presence of A; and
d: B confirms on the form that B is not—
i: a health practitioner caring for A; or
ii: a person who knows that they stand to benefit from the death of A; or
iii: a person aged under 18 years; or
iv: a person with a mental incapacity.
5: The attending medical practitioner must—
a: be present when—
i: subsection (3)(a)
ii: subsections (3)(b) and (4)
b: collect the form; and
c: send the completed form to the Registrar.
13: First opinion to be given by attending medical practitioner
1: This section applies after the attending medical practitioner complies with section 12(5)(c)
2: The attending medical practitioner must reach the opinion that—
a: the person requesting the option of receiving assisted dying is a person who is eligible for assisted dying; or
b: the person requesting the option of receiving assisted dying is not a person who is eligible for assisted dying; or
c: the person requesting the option of receiving assisted dying would be a person who is eligible for assisted dying if it were established under section 15
3: The attending medical practitioner must—
a: complete an approved form recording their opinion; and
b: send the completed form to the Registrar.
14: Second opinion to be given by independent medical practitioner
1: This section applies if the attending medical practitioner reaches the opinion described in section 13(2)(a) or (c)
2: The attending medical practitioner must—
a: ask the SCENZ Group for the name and contact details of an independent medical practitioner; and
b: ask the independent medical practitioner for their opinion on whether the person requesting the option of receiving assisted dying is a person who is eligible for assisted dying.
3: The independent medical practitioner must—
a: read the person’s medical files; and
b: examine the person; and
c: reach the opinion that—
i: the person is a person who is eligible for assisted dying; or
ii: the person is not a person who is eligible for assisted dying; or
iii: the person would be a person who is eligible for assisted dying if it were established under section 15
4: The independent medical practitioner must—
a: complete an approved form recording their opinion; and
b: send the completed form to the Registrar; and
c: send a copy of the completed form to the attending medical practitioner.
15: Third opinion to be given by psychiatrist if competence not established to satisfaction of 1 or both medical practitioners
1: This section applies if—
a: the following situation exists:
i: the attending medical practitioner reaches the opinion described in section 13(2)(a)
ii: the independent medical practitioner reaches the opinion described in section 14(3)(c)(iii)
b: the following situation exists:
i: the attending medical practitioner reaches the opinion described in section 13(2)(c)
ii: the independent medical practitioner reaches the opinion described in section 14(3)(c)(i)
c: the following situation exists:
i: the attending medical practitioner reaches the opinion described in section 13(2)(c)
ii: the independent medical practitioner reaches the opinion described in section 14(3)(c)(iii)
2: The medical practitioners must jointly—
a: ask the SCENZ Group for the name and contact details of a psychiatrist; and
b: ask the psychiatrist for their opinion on whether the person requesting the option of receiving assisted dying is competent to make an informed decision about assisted dying.
3: The psychiatrist must—
a: read the person’s medical files; and
b: examine the person; and
c: reach the opinion that—
i: the person is competent to make an informed decision about assisted dying; or
ii: the person is not competent to make an informed decision about assisted dying.
4: The psychiatrist must—
a: complete an approved form recording their opinion; and
b: send the completed form to the Registrar; and
c: send a copy of the completed form to—
i: the attending medical practitioner; and
ii: the independent medical practitioner.
16: Opinion reached that person is not eligible for assisted dying
1: Subsection (2) section 13(2)(b)
2: The attending medical practitioner must explain the reasons for their opinion to the person requesting the option of receiving assisted dying.
3: Subsection (4)
a: the independent medical practitioner reaches the opinion described in section 14(3)(c)(ii)
b: the following situation exists:
i: a psychiatrist is asked for their opinion under section 15(2)(b)
ii: the psychiatrist reaches the opinion described in section 15(3)(c)(ii)
4: The independent medical practitioner or the psychiatrist, as appropriate, must explain their reasons for their opinion to the person requesting the option of receiving assisted dying and the attending medical practitioner.
5: The attending medical practitioner must—
a: complete an approved form recording the actions taken to comply with subsection (2) or (4)
b: send the completed form to the Registrar.
17: Opinion reached that person is eligible for assisted dying
1: This section applies if—
a: the following situation exists:
i: the attending medical practitioner reaches the opinion described in section 13(2)(a)
ii: the independent medical practitioner reaches the opinion described in section 14(3)(c)(i)
b: the following situation exists:
i: a psychiatrist is asked for their opinion under section 15(2)(b)
ii: the psychiatrist reaches the opinion described in section 15(3)(c)(i)
2: The attending medical practitioner must—
a: advise the person requesting the option of receiving assisted dying that the person is a person who is eligible for assisted dying; and
b: discuss with the person the progress of the person’s terminal illness; and
c: discuss with the person the likely timing for the administration of the medication; and
d: give the person an approved form for the person to complete by choosing the date and time for the administration of the medication; and
e: advise the person that at any time after completing the approved form referred to in paragraph (d)
i: not to receive the medication; or
ii: to receive the medication at a time on a later date that is not more than 6 months after the date initially chosen for the administration of the medication.
3: The attending medical practitioner must—
a: complete an approved form recording the actions taken to comply with subsection (2)
b: send the completed form to the Registrar.
18: Eligible person to choose date and time for administration of medication
1: If an eligible person wishes to receive assisted dying, the person must—
a: complete the approved form referred to in section 17(2)(d)
b: return the completed form to the attending medical practitioner.
2: After receiving the completed form, the attending medical practitioner must send the form to the Registrar.
3: Each time (if any) that an eligible person decides under section 17 or 20 section 17(2)(d)
a: the eligible person must complete a new approved form to replace the form initially or most recently completed under section 17(2)(d) replacement form
b: references in sections 19 20
19: Provisional arrangements for administration of medication
1: This section applies after the attending medical practitioner complies with section 18(2)
2: Before the date chosen by an eligible person for the administration of the medication, the attending medical practitioner must—
a: advise the person about the following methods for the administration of the medication:
i: ingestion, triggered by the person:
ii: intravenous delivery, triggered by the person:
iii: ingestion through a tube, triggered by the attending medical practitioner or an attending nurse practitioner:
iv: injection administered by the attending medical practitioner or an attending nurse practitioner; and
b: ask the person to choose one of the methods; and
c: ensure that the person knows that they can decide, at any time before the administration of the medication, not to receive the medication or to receive the medication at a time on a later date that is not more than 6 months after the date initially chosen for the administration of the medication; and
d: make provisional arrangements for the administration of the medication on the chosen day and time.
3: At least 48 hours before the chosen time for the administration of the medication, the attending medical practitioner, or an attending nurse practitioner, must—
a: write the appropriate prescription for the eligible person; and
b: advise the Registrar of the method and of the date and time chosen for the administration of the medication.
4: The Registrar must check that the processes in sections 11 to 18
5: If the Registrar is satisfied that the processes in sections 11 to 18
20: Administration of medication
1: This section applies after the attending medical practitioner has received notification from the Registrar under section 19(5)
2: At the chosen time for the administration of the medication, the attending medical practitioner, or an attending nurse practitioner, must ask the eligible person if they choose—
a: to receive the medication at that time; or
b: not to receive the medication at that time, but to receive the medication at a time on a later date that is not more than 6 months after the date initially chosen for the administration of the medication; or
c: not to receive the medication at that time, and to rescind their request to exercise the option of assisted dying.
3: If the eligible person chooses not to receive the medication at the chosen time, the attending medical practitioner, or an attending nurse practitioner, must—
a: immediately take the medication away from the eligible person; and
b: complete an approved form recording the action taken to comply with paragraph (a)
c: send the completed form to the Registrar.
4: If the eligible person chooses to receive the medication, the attending medical practitioner, or the attending nurse practitioner, must—
a: provide the medication to the person, for administration by either of the methods described in section 19(2)(a)(i) and (ii)
b: administer the medication by either of the methods described in section 19(2)(a)(iii) and (iv)
5: The attending medical practitioner, or the attending nurse practitioner, must—
a: be available to the eligible person until the person dies; or
b: arrange for another medical practitioner or attending nurse practitioner to be available to the person until the eligible person dies.
6: For the purposes of subsection (5) is available to the eligible person
a: is in the same room or area as the person; or
b: is not in the same room or area as the person but is in close proximity to the person.
21: Death to be reported
1: Within 14 working days of a person’s death as a result of the administration of medication under section 20 subsection (2)
2: The information is—
a: the name of the attending medical practitioner or attending nurse practitioner; and
b: the person’s name; and
c: the person’s last known address; and
d: the fact that the person has died; and
e: which of the methods described in section 19(2)(a)
f: a description of the administration of the medication; and
g: whether any problem arose in the administration of the medication and, if so, how it was dealt with; and
h: the place where the person died; and
i: the date and time when the person died; and
j: the name of the medical practitioner or nurse practitioner who was available to the person until the person died; and
k: the names of any other health practitioners who were present when the person died.
3: The Registrar must send the report to the Review Committee.
22: Destruction of prescription if no longer required
1: Subsection (2)
a: an attending medical practitioner, or an attending nurse practitioner, holds a prescription written under section 19(3)(a)
b: the medication is no longer required.
2: The attending medical practitioner, or the attending nurse practitioner, must—
a: immediately destroy the prescription; and
b: complete an approved form recording the action taken to comply with paragraph (a)
c: send the completed form to the Registrar.
23: No further action to be taken if person rescinds request to exercise option of receiving assisted dying
1: This section applies if, at any time, an eligible person rescinds their request to exercise the option of receiving assisted dying.
2: The attending medical practitioner or attending nurse practitioner must—
a: complete an approved form recording that the person has rescinded their request; and
b: send the completed form to the Registrar; and
c: take no further action in respect of the person’s request (other than under section 22
3: If at any subsequent time the person wishes to exercise the option of receiving assisted dying, the person may make a new request under section 11
24: No further action to be taken if pressure suspected
If, at any time, the attending medical practitioner or attending nurse practitioner suspects on reasonable grounds that a person who has expressed the wish to exercise the option of receiving assisted dying is not expressing their wish free from pressure from any other person, the medical practitioner or nurse practitioner must—
a: take no further action under this Act to assist the person in exercising the option of receiving assisted dying; and
b: tell the person that they are taking no further action under this Act to assist the person in exercising the option of receiving assisted dying; and
c: complete an approved form recording—
i: that they are taking no further action under this Act to assist the person in exercising the option of receiving assisted dying; and
ii: the actions taken to comply with paragraph (b)
d: send the form completed under paragraph (c)
3: Accountability
25: SCENZ Group
1: The Director-General must establish the SCENZ Group by appointing to it the number of members that the Director-General considers appropriate.
2: The Director-General must appoint members who the Director-General considers have, collectively, knowledge and understanding of matters relevant to the functions of the SCENZ Group.
3: The functions of the SCENZ Group are—
a: to make and maintain a list of medical practitioners who are willing to act for the purposes of this Act as—
i: replacement medical practitioners:
ii: independent medical practitioners:
b: to provide a name and contact details from the list maintained under paragraph (a)
c: to make and maintain a list of health practitioners who are willing to act for the purposes of this Act as psychiatrists:
d: to provide a name and contact details from the list maintained under paragraph (c)
e: to make and maintain a list of pharmacists who are willing to dispense medication for the purposes of section 20
f: to provide a name and contact details from the list maintained under paragraph (e) section 20
g: in relation to the administration of medication under section 20
i: to prepare standards of care; and
ii: to advise on the required medical and legal procedures; and
iii: to provide practical assistance if assistance is requested.
4: The Ministry must service the SCENZ Group.
5: Standards under subsection (3)(g)(i) are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 25(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
26: Review Committee
1: The Minister must appoint an end-of-life Review Committee consisting of—
a: a medical ethicist; and
b: 2 health practitioners, one of whom must be a medical practitioner who practises in the area of end-of-life care.
2: The Review Committee has the following functions:
a: to consider reports sent to it under section 21(3) assisted death reports
b: to report to the Registrar whether it considers that the information contained in an assisted death report shows satisfactory compliance with the requirements of this Act; and
c: to direct the Registrar to follow up on any information contained in an assisted death report that the Review Committee considers does not show satisfactory compliance with the requirements of this Act.
27: Registrar (assisted dying)
1: The Director-General must nominate an employee of the Ministry as the Registrar (assisted dying).
2: The Registrar must establish and maintain a register recording the following:
a: approved forms held by the Registrar; and
b: the Review Committee’s reports to the Registrar; and
c: the Registrar’s reports to the Minister.
3: The Registrar must consult the Privacy Commissioner—
a: before establishing the register; and
b: at regular intervals while maintaining the register.
4: If the Registrar receives a complaint about the appropriateness of the conduct of any health practitioner under this Act that the Registrar considers relates to a matter within the jurisdiction of any of the following persons, the Registrar must refer the complaint to that person:
a: the Health and Disability Commissioner, if it appears that the complaint alleges that the conduct of the health practitioner is, or appears to be, in breach of the Code of Health and Disability Services Consumers’ Rights; or
b: the appropriate authority, if it appears that the complaint relates to a health practitioner’s competence, fitness to practise, or conduct; or
c: the New Zealand Police.
5: If the Registrar does not refer a complaint under subsection (4)
6: The Registrar must take any action directed by the Review Committee under section 26(2)(c)
7: The Registrar must report to the Minister by the end of 30 June each year on the following matters for the year:
a: the total number of deaths occurring under section 20
b: the number of deaths occurring through each of the methods described in section 19(2)(a)
c: the number of complaints received about breaches of this Act:
d: how those complaints were dealt with:
e: any other matter relating to the operation of this Act that the Registrar thinks appropriate.
8: The Registrar must perform any other functions that this Act requires the Registrar to perform.
28: Persons to provide information to Registrar
1: This section applies to—
a: the Health and Disability Commissioner; and
b: an authority; and
c: the New Zealand Police.
2: A person to whom this section applies must provide to the Registrar each year any information that the Registrar may require to enable the Registrar to report to the Minister on the matters referred to in section 27(7)(c) and (d)
3: The information must be provided within the time and in the manner specified by the Registrar (which must be reasonable in the circumstances).
29: Minister must present to House of Representatives copy of report under section 27
As soon as practicable after receiving a report under section 27(7)
30: Review of operation of Act
1: The Ministry must, within 3 years after the commencement of this Act and then at subsequent intervals of not more than 5 years,—
a: review the operation of this Act; and
b: consider whether any amendments to this Act or any other enactment are necessary or desirable; and
c: report on its findings to the Minister.
2: As soon as practicable after receiving a report under subsection (1)(c)
4: Related matters
31: Regulations
1: The Governor-General may, by Order in Council, make regulations providing for any matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 31(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
32: Other rights and duties not affected
1: Nothing in this Act affects a person’s rights to—
a: refuse to receive nutrition:
b: refuse to receive hydration:
c: refuse to receive life-sustaining medical treatment.
2: Nothing in this Act affects a medical practitioner’s duty to alleviate suffering in accordance with standard medical practice.
33: Advance directive, etc, may not provide for assisted dying
1: A person who wishes to request to exercise the option of receiving assisted dying under this Act must sign and date the approved form referred to in section 12(3) request form
2: A person who, after signing and dating the request form, wishes to rescind a request to exercise the option of receiving assisted dying under this Act must communicate that wish to the attending medical practitioner or the attending nurse practitioner orally, in writing (a rescind document
3: No particular form of words is required to rescind orally or in writing a request to exercise the option of receiving assisted dying under this Act.
34: Welfare guardians have no power to make decisions or take actions under this Act
A welfare guardian appointed under the Protection of Personal and Property Rights Act 1988
35: Effect on contracts of death under this Act
A person who dies as a result of assisted dying is, for the purposes of any life insurance contract, or any other contract,—
a: taken to have died as if assisted dying had not been provided; and
b: taken to have died from the terminal illness referred to in section 5(1)(c)
36: Restrictions on making public details of assisted dying deaths
1: This section applies in respect of a death that was, or appears to be, the result of assisted dying under this Act.
2: No person may make public in respect of any death to which this section applies—
a: the method by which the medication was administered to the deceased:
b: the place where the medication was administered to the deceased:
c: the name of the person who administered the medication to the deceased, or the name of that person’s employer.
3: A person who contravenes this section commits an offence and is liable on conviction—
a: to a fine not exceeding $20,000, in the case of a body corporate:
b: to a fine not exceeding $5,000, in any other case.
4: Nothing in this section applies in respect of court or tribunal proceedings or to reports or publications of those proceedings.
5: In this section, make public
a: broadcasting (within the meaning of the Broadcasting Act 1989
b: a newspaper (within the meaning of the Defamation Act 1992
c: a book, journal, magazine, newsletter, or other similar document; or
d: an audio or a visual recording; or
e: an Internet site that is generally accessible to the public, or some other similar electronic means.
37: Immunity from criminal liability
1: A health practitioner who does all or any of the following is immune from criminal liability under section 179
a: discusses with a person, at that person’s request and in accordance with sections 10 11
b: provides to a person, at that person’s request and in accordance with sections 10 11
c: gives a person the approved form referred to in section 11(2)(i) section 12(2) section 12(5)
d: takes any other action that this Act authorises or requires them to take in respect of a person who requests to discuss, requests information about, or wishes or requests to exercise the option of receiving, assisted dying under this Act, and who has not yet been advised in accordance with this Act whether the person is a person who is eligible for assisted dying.
2: The rest of this section applies if a person ( A
3: A has the right to request to exercise the option of assisted dying under this Act and does not commit an offence under any enactment by exercising that option.
4: If another person ( B
a: in using any force, under section 41
b: in using any force, under section 48
5: B, or any other person, is immune from criminal liability if B or that person, in good faith and believing on reasonable grounds that A wishes to exercise the option of assisted dying under this Act,—
a: takes any action that causes, assists, or facilitates the death of A in accordance with the requirements of this Act (for example, an attending medical practitioner who, under section 20(4)(a) Crimes Act 1961
b: fails to take any action and that failure causes, assists, or facilitates the death of A in accordance with the requirements of this Act (for example, an attending nurse practitioner who, under section 20(5)(a) Crimes Act 1961
6: Subsection (5)
a: even if taking that action, or failing to take that action, would, but for subsection (5)
b: notwithstanding section 63
38: Immunity from civil liability
1: A person ( A B
a: takes any action that assists or facilitates the death of B in accordance with the requirements of this Act; or
b: fails to take any action and that failure assists or facilitates the death of B in accordance with the requirements of this Act.
2: Nothing in this section affects the right of any person to—
a: bring disciplinary proceedings against a health practitioner under the Health Practitioners Competence Assurance Act 2003
b: bring proceedings under section 50 51
c: apply for judicial review.
39: Offences
1: A person who is a medical practitioner, nurse practitioner, or psychiatrist commits an offence if the medical practitioner, nurse practitioner, or psychiatrist wilfully fails to comply with any requirement of this Act.
2: A person commits an offence if the person, without lawful excuse,—
a: completes or partially completes an approved form for any other person without that other person’s consent; or
b: alters or destroys a completed or partially completed approved form without the consent of the person who completed or partially completed the form.
3: A person who commits an offence under this section is liable on conviction to either or both of the following:
a: imprisonment for a term not exceeding 3 months:
b: a fine not exceeding $10,000.
40: Director-General may approve forms
The Director-General may approve and issue forms for the purposes of this Act.
41: Amendments to other enactments
Amend the enactments specified in the Schedule 2021-11-06 Burial and Cremation Act 1964 Coroners Act 2006 Crimes Act 1961 Health Act 1956 Health and Disability Commissioner Act 1994 New Zealand Public Health and Disability Act 2000 Protection of Personal and Property Rights Act 1988 Births, Deaths, Marriages, and Relationships Registration (Prescribed Information) Regulations 1995 Cremation Regulations 1973 Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 Section 2(1): Act comes into force 12 months after the date on which the official result of that referendum is declared (6 November 2020, per https://gazette.govt.nz/notice/id/2020-au5132).


1: Title
This Act is the Companies (Clarification of Dividend Rules in Companies) Amendment Act 2019.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Companies Act 1993 principal Act 2019-11-17 Companies Act 1993
4: Section 53 amended (Dividends)
1: Replace section 53(2)
2: The board of a company must not authorise a differential dividend unless—
a: the amount of the dividend in respect of a share of that class is in proportion to the amount paid to the company in satisfaction of the liability of the shareholder under the constitution of the company or under the terms of issue of the share or is required, for a portfolio tax rate entity, as a result of section HL 7 of the Income Tax Act 2004; or
b: the company’s constitution provides for differential dividends as permitted by subsection (2A) and the dividend is authorised in accordance with the constitution.
2A: The constitution of a company may provide for differential dividends in respect of the shares in a class of shares, which may be determined on any differential basis, but only if the differential basis is based on objective criteria and not on the exercise of a discretion by, or an opinion of, the board of the company. Example
Company Z is an agricultural company whose class A shareholders are all current or former growers and suppliers to the company. The company’s constitution could confer on holders of class A shares a right to differential dividends based on whether or not they are currently growing and supplying produce to the company. The company’s constitution could not provide for dividends based on a discretionary criterion, such as whether a shareholder had adequately upheld the reputation of the company.
2: After section 53(3)
4: In this section, differential dividend
a: in respect of some but not all the shares in a class; or
b: that is of a greater value per share in respect of some shares of a class than it is in respect of other shares of that class.


1: Title
This Act is the Parliamentary Agencies Delegations Legislation Act 2019.
2: Commencement
This Act comes into force on the day after the date of Royal assent.
1: Amendment to Clerk of the House of Representatives Act 1988
3: Amendment to Clerk of the House of Representatives Act 1988
This Part amends the Clerk of the House of Representatives Act 1988 2019-11-17 Clerk of the House of Representatives Act 1988
4: Section 12 amended (Delegation of functions or powers)
Replace section 12(1)
1: The Clerk of the House of Representatives may delegate any of the Clerk’s functions or powers to a person described in subsection (1A), including a function or power delegated to the Clerk under—
a: this Act; or
b: any other Act; or
c: the Standing Orders of the House of Representatives.
1A: The following persons may be a delegate:
a: the Deputy Clerk, or other officer, of the House of Representatives:
b: the Chief Executive of the Parliamentary Service:
c: an employee of the Parliamentary Service:
d: a person working for the Clerk of the House of Representatives or the Parliamentary Service as a contractor or secondee.
1B: A delegation must be made in writing.
2: Amendment to Parliamentary Service Act 2000
5: Amendment to Parliamentary Service Act 2000
This Part amends the Parliamentary Service Act 2000 2019-11-17 Parliamentary Service Act 2000
6: Schedule 1 amended
In Schedule 1 clause 8(1)
1: The Chief Executive may delegate any function, duty, or power the Chief Executive may exercise under an enactment or under a delegation made under an enactment, other than this power of delegation, to—
a: a specified employee, or a specified class of employees, of the Parliamentary Service; or
b: the Clerk, Deputy Clerk, another specified officer, or a specified class of officers, of the House of Representatives; or
c: a person working for the Parliamentary Service or the Clerk of the House of Representatives as a contractor or secondee.


1: Title
This Act is the Land Transport (Wheel Clamping) Amendment Act 2019.
2: Commencement
This Act comes into force on the 42nd day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Land Transport Act 1998 principal Act 2020-01-02 Land Transport Act 1998
4: New Part 7A inserted
After section 98B
7A: Immobilising devices applied to parked motor vehicles
98C: Interpretation
In this Part,— immobilising device operator parking place prescribed amount section 167(1)(md)
98D: Immobilising devices applied to parked motor vehicles
1: This section applies if an operator applies an immobilising device to a motor vehicle parked in a parking place, unless—
a: the parking place is on a road under the control of an enforcement authority who may issue infringement notices for parking offences under this Act; or
b: the operator’s actions are authorised by or under an enactment.
2: The operator—
a: must not require the person in charge of the motor vehicle to pay a fee (relating to the removal of the immobilising device or any other matter) that exceeds the prescribed amount; and
b: may require the fee to be paid before the immobilising device is removed; and
c: must, when requested by the person in charge of the motor vehicle, remove, or arrange for the removal of, the immobilising device—
i: as soon as is reasonably practicable after the fee is paid; or
ii: if there is no fee, at the direction of the person in charge of the motor vehicle.
3: The operator must be reasonably available to respond to a request by the person in charge of the motor vehicle relating to the removal of the immobilising device.
4: A person who contravenes subsection (2)(a) or (c)
5: If the operator fails to comply with subsection (2)(c) subsection (3)
a: may remove or arrange for the removal of the immobilising device from the motor vehicle; and
b: is not under any civil or criminal liability for the removal if it causes as little damage to the immobilising device as is reasonably possible.
6: This section does not of itself authorise an operator to apply an immobilising device to a motor vehicle parked in a parking place.
98E: Enforcement of section 98D and related matters
1: For the purpose of enforcing section 98D
a: direct an operator to remove an immobilising device from a motor vehicle within a specified time; and
b: remove an immobilising device from a motor vehicle or arrange for its removal.
2: A person may enter and remain in a parking place for the purpose of removing an immobilising device from a motor vehicle if an enforcement officer or the person in charge of the motor vehicle has arranged in accordance with this section or section 98D
3: In considering whether an operator has complied with section 98D(3)
4: To avoid doubt, section 98D(4)
5: In any proceedings before a Disputes Tribunal where an operator claims an amount in respect of a dispute to which section 98D
6: Nothing in subsection (5)
5: Section 116 amended (Enforcement of directions)
In section 116(1) 113 or section 115 98E
6: Section 167 amended (Regulations)
After section 167(1)(mc)
md: prescribing, for the purpose of section 98D(2)(a)
me: prescribing criteria for the purpose of considering whether an operator has complied with section 98D(3)


Referendums Framework Act 2019

1: Title
This Act is the Referendums Framework Act 2019.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Repeal
This Act is repealed on the close of 1 July 2022. 2022-07-02 Referendums Framework Act 2019
1: Preliminary provisions
4: Purpose
The purpose of this Act is to provide for 1 or more referendums to be held in conjunction with the first general election after the commencement of this Act.
5: Interpretation
1: In this Act, unless the context otherwise requires,— 1993 Act Electoral Act 1993 general election Minister referendum section 8
2: The terms ballot box ballot paper poll polling
3: A reference to a question to be put to electors in a referendum, unless the context otherwise requires, includes a reference to a proposal or an issue as it is to be put to electors in a referendum.
4: Unless the context otherwise requires, a term that is defined in the 1993 Act and not otherwise defined in this Act has the meaning given in that Act.
6: Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1
7: Act binds the Crown
This Act binds the Crown.
2: Provisions relating to referendum
1: General provisions
8: Declaration of referendum by Order in Council
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, declare a referendum (other than a citizens initiated referendum within the meaning of section 3(1)
2: A declaration must specify, as applicable,—
a: the wording of the question, or each question, to be put to electors and the wording of the options for which electors may vote in response to the question:
b: the proposal or issue, as it is to be put to electors in the referendum, and the wording of the options for which electors may vote in response.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 8(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
9: When referendum to take place
A referendum of electors must be held on polling day for the general election. 2010 No 139 s 8(1)
10: Application of Electoral Act 1993
1: The provisions of the 1993 Act and of any regulations made under that Act apply, as far as they are relevant and with any necessary modifications, to a referendum as if it were the poll held for the general election, unless the provision is excluded or modified, expressly or impliedly, by a provision in, or made under, this Act.
2: Subsection (1) is subject to the provisions of this Act and of any regulations made under it. 2010 No 139 s 9
11: Voting system
1: A referendum must be conducted in accordance with the first-past-the-post electoral system.
2: For the purposes of a referendum, that system has the following features:
a: electors may cast 1 vote for 1 option:
b: the option that receives the higher number of votes is the successful option. 2015 No 66 s 7
2: Conduct of referendum
Officers and polling places
12: Manager, returning officer, polling place, officials, and use of polling places
1: The returning officer for a district, the manager of a polling place, and other officials appointed under the 1993 Act for the general election are the returning officer, the manager, and officials for the purposes of a referendum.
2: The polling places appointed under section 155 2010 No 139 s 10 Eligibility to vote at referendum
13: Who may vote at referendum
The persons who are qualified to vote at a referendum are the persons who are qualified under section 60 2010 No 139 s 11 Referendum voting paper
14: All referendums may be in single voting paper
1: If more than 1 referendum is to be held at the general election, all referendums may be included in a single voting paper.
2: The order of the referendums on the voting paper must be determined by a member of the Electoral Commission drawing lots in the presence of a High Court Judge.
15: Referendum with more than 1 question
If a referendum has more than 1 question, the questions must appear on the voting paper in the order specified in the Act or the Order in Council declaring the referendum.
16: Form of referendum voting paper
The referendum voting paper must be in the form approved by the Electoral Commission.
17: Issue of referendum voting paper
1: When a ballot paper is issued to a person qualified to vote at the general election, the issuing officer must also issue a referendum voting paper to that person.
2: An elector is not required to comply with the requirements in section 167(2)
3: Section 167(3)(b) and (c) 2010 No 139 s 12
18: Method of voting
1: A person voting for a question in a referendum must mark the referendum voting paper by placing a tick in the circle immediately beside the option the person wishes to vote for.
2: Subsection (1) applies to each separate question if there is more than 1 question in the referendum. 1993 No 87 s 168(1)(b) 2010 No 139 s 13
3: Counting of votes and declaration of votes
19: Provisions of 1993 Act not to apply to count of referendum votes
The following provisions of the 1993 Act do not apply to the counting of referendum votes:
a: sections 160 172(4) to (7) 174F
b: sections 174 174B
c: sections 174C to 174G
d: section 176 2010 No 139 s 14
20: Procedures before manager of polling place starts preliminary count of votes in general election
1: Before the manager of a polling place starts the preliminary count of votes cast in the general election under section 174
2: The ballot papers removed must be included in the preliminary count of votes in the general election.
21: Referendum voting papers sent to returning officer before being counted
The manager of the polling place must,—
a: when the manager unseals the general election ballot boxes for the purposes of the preliminary count of votes cast in the general election, remove any referendum voting papers from those boxes; and
b: as soon as practicable,—
i: enclose all used referendum voting papers removed from the general election and the referendum ballot boxes, unused referendum voting papers, and spoilt referendum voting papers in parcels endorsed as required for ballot papers under section 174A(1)(b)
ii: send those parcels to the returning officer. 2010 No 139 s 16
22: Procedure before returning officer starts preliminary count of early votes in general election
1: Before the returning officer starts the preliminary count of early votes cast in the general election under section 174C
2: The early votes in the referendum must be included in the counting of referendum votes under section 23
23: Counting of referendum votes
As soon as practicable after a returning officer receives the parcels of referendum voting papers, the returning officer must, in the presence of a Justice of the Peace, count the number of—
a: valid votes cast for each of the options for each question in the referendum; and
b: informal votes for each of the options for each question in the referendum.
24: Return of results of count to Electoral Commission
Each returning officer must return the results of the count to the Electoral Commission as soon as practicable after completing the count of the referendum votes. 2010 No 139 s 18
25: Determination of results by Electoral Commission
1: The Electoral Commission must determine the following from the combined results of the count returned by each returning officer:
a: the total number of valid votes for each of the options for each question in the referendum; and
b: the total number of informal votes for each of the options for each question in the referendum.
2: The Electoral Commission must complete the determination as soon as practicable after it receives the results of the count returned by all returning officers. 2010 No 139 s 19
26: Declaration of official result of referendum
1: The Electoral Commission must declare the result of the referendum by notice in the Gazette
2: The notice must give the following information in relation to the referendum:
a: the total number of valid votes cast for each option in relation to the question or questions in the referendum voting paper; and
b: the total number of informal votes cast.
3: The notice must be published on or before the latest day for the return of the writ for the general election under the 1993 Act.
4: If more than 1 referendum is held, the results of each referendum may be declared at different times (within the time period in subsection (3)). 2010 No 139 s 20
4: Petitions
27: Method of questioning referendum
1: The referendum must not be questioned except by petition to the High Court in accordance with this subpart.
2: Except as provided in this subpart, the provisions in this subpart apply instead of the provisions in Part 8 2010 No 139 s 21
28: Petition for inquiry
1: If a group of 200 or more electors is dissatisfied with the result of the referendum, as declared by notice in the Gazette section 26(1)
a: the referendum; or
b: any person connected with it.
2: A petition must specify the grounds of the complaint, which may only be that—
a: the result declared under section 26(1)
b: irregularities in the conduct of the referendum or of any person connected with it materially affected the result.
3: A petition must be in the form set out in Schedule 2
4: A petition must be filed—
a: not later than 28 days after publication of the Gazette section 26(1)
b: in the registry of the High Court nearest to the place where 1 or more of the petitioners live.
5: The Registrar of the High Court where the petition is filed must send a copy of the petition to the Electoral Commission. 2010 No 139 s 22
29: Respondents
1: A group of 200 or more electors may, not later than 3 working days before the commencement of the inquiry, file a notice of intention to oppose a petition, and those persons are respondents to the petition.
2: The Electoral Commission must also be a respondent. 2010 No 139 s 23
30: Procedural 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—
a: the following sections of Part 8
i: sections 232 to 234
ii: sections 235 236(2) and (4) to (6) 240 241 242 247 to 249
iii: sections 250 to 255 256(1)
iv: section 257
b: the Constituency Election Petition Rules 2008
i: rules 6 8 23
ii: in rule 16(4)(b) 2010 No 139 s 24
31: Jurisdiction of High Court
1: A referendum petition under this subpart must be tried in open court without a jury.
2: The High Court may give leave for grounds other than those stated in the petition to be inquired into, on whatever terms and conditions that the court considers just.
3: Despite section 28(2)
a: receiving evidence that the number of valid votes cast for an option was higher or lower than the number declared under section 26(2)
b: directing that there be a recount of some or all of the referendum votes.
4: At the conclusion of the trial of a petition, the court must—
a: determine and declare—
i: the total number of valid votes recorded for each option for each question in the referendum voting paper; and
ii: the total number of informal votes cast; or
b: declare that the referendum is void because of an irregularity that, in the opinion of the court, materially affected the result of the referendum. 2010 No 139 s 25
32: Fresh referendum
1: If the High Court declares the referendum to be void,—
a: the Registrar of the court must notify the Electoral Commission that the referendum is void; and
b: a fresh referendum must be held; and
c: not later than 30 working days after a declaration is made under section 31(4)(b)
d: the same roll of electors must be used at the fresh referendum as was used at the referendum declared to be void; and
e: a fresh referendum must be conducted in accordance with the provisions of this Act, with any necessary modifications, and to the extent that they are relevant.
2: An order under this section is secondary legislation ( see Part 3 2010 No 139 s 26 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 32(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5: Offences and penalties
33: Application of provisions of Electoral Act 1993 in respect of referendum
The offences and penalties provided for in sections 196 196A 197 to 204 215 to 220 221A 221B 222 223 to 225
a: references to the poll taken for an election are to be read as references to the poll taken for the referendum; and
b: references to a ballot paper are to be read as references to a referendum voting paper; and
c: references to a candidate or a political party are to be read as references to an option for a question in the referendum voting paper, or to a proponent of an option, as the case may require; and
d: references to an election campaign are to be read as including references to a campaign in respect of 1 or more options for a question in the referendum voting paper; and
e: references to the 1993 Act are to be read as references to this Act. 2010 No 139 s 27
34: Time limits for commencing prosecutions
A prosecution under this Part must be commenced—
a: before the close of the day that is 6 months after the date on which the prosecutor is satisfied that there is sufficient evidence to warrant the commencement of proceedings; but
b: no later than 3 years after the alleged offence was committed. 2010 No 139 s 28
6: Validation of irregularities
35: Validation of irregularities
1: This section applies if anything required to be done in relation to the conduct of the referendum by or under sections 12 to 26
a: is not done at the time required; or
b: is done before or after the time required; or
c: is done in any other irregular manner or form.
2: The Governor-General may, by Order in Council, at any time before or after the time within which anything is required to be done,—
a: extend the time; or
b: validate anything done before or after the time required; or
c: validate anything irregularly done in manner or form.
3: 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.
4: An order under this section is secondary legislation ( see Part 3 2010 No 139 s 79 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 35(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Referendum advertising
Preliminary provisions
36: Application of this Part to conduct inside or outside New Zealand
This Part applies in respect of the publication of a referendum advertisement—
a: in New Zealand, in any case where the promoter of the advertisement is in New Zealand:
b: in New Zealand, in any case where the promoter of the advertisement is outside New Zealand:
c: outside New Zealand, in any case where the promoter of the advertisement is in New Zealand. 2010 No 139 s 3 2015 No 66 s 8
37: Application of section 3C of Parliamentary Service Act 2000
Section 3C
38: Interpretation
In this Part, unless the context otherwise requires,— address
a: in relation to an individual,—
i: the full street address of the place where that individual usually lives; or
ii: the full street address of any other place where that individual can usually be contacted between the hours of 9 am and 5 pm on any working day:
b: in relation to a body corporate or unincorporated,—
i: the full street address of the body’s principal place of business; or
ii: the full street address of the body’s head office contact details
a: address; and
b: telephone numbers; and
c: email address (if any) election advertisement section 3A joint advertisement section 49 promoter
a: is published; or
b: is to be published publish section 41 referendum advertisement section 39 referendum expenses section 40 register section 61 registered promoter
a: means a promoter who is registered under section 57
b: includes a promoter who at any time in the regulated period has been registered under section 57 regulated period section 42 1993 No 87 s 204A 2010 No 139 s 30
39: Meaning of referendum advertisement
1: In this Part, unless the context otherwise requires, referendum advertisement
a: may reasonably be regarded as encouraging or persuading electors—
i: to vote in a particular way in the referendum; or
ii: not to vote in a particular way in the referendum; and
b: is published at any time from the date on which the provision of the enactment declaring the referendum to be a referendum for the purposes of this Act comes into force until the close of the day before polling day.
2: However, the following are not referendum advertisements:
a: an advertisement that is published, or caused or permitted to be published, by the Electoral Commission or any other agency charged with responsibilities in relation to the conduct of any official publicity or information campaign to be conducted on behalf of the Government of New Zealand:
b: the editorial content of—
i: a periodical:
ii: a radio or television programme:
iii: a publication on a news media Internet site:
c: a statement that does not promote, or could not reasonably be regarded as promoting, a particular option for a question in the referendum voting paper:
d: any transmission (whether live or not) of proceedings in the House of Representatives:
e: any publication on the Internet, or any other electronic medium, of personal political views by an individual who does not make or receive a payment in respect of the publication:
f: an advertisement or a class of advertisements, or an advertising activity or a class of activities, declared by regulations made under section 85
3: In this section, periodical
a: was established for purposes unrelated to the conduct of the referendum; and
b: since its establishment has been—
i: published at regular intervals; and
ii: generally available to members of the public. 1993 No 87 s 3A 2010 No 139 s 31
40: Meaning of referendum expenses
1: In this Part, referendum expenses
a: includes—
i: the costs incurred in the preparation, design, composition, printing, postage, and publication of a referendum advertisement; and
ii: the reasonable market value of any material used for or applied towards the advertisement, including any such material that is provided free of charge or below reasonable market value; but
b: excludes the cost of—
i: the conduct of any survey or public opinion poll; and
ii: any framework (other than a commercial framework) that supports a hoarding on which the advertisement is displayed; and
iii: the labour of any person that is provided free of charge by that person; and
iv: the replacement of any material used in respect of a referendum advertisement if that advertisement has been destroyed or rendered unusable by—
A: 1 or more persons (other than the promoter or a person acting on his or her behalf):
B: the occurrence of an event beyond the control of the promoter or a person acting the promoter’s behalf.
2: To avoid doubt, referendum expenses
3: In this section, vehicle section 2(1) 1993 No 87 s 3E 2010 No 139 s 32
41: Meaning of publish
In this Act, unless the context otherwise requires, publish
a: including by—
i: displaying on any medium:
ii: distributing by any means:
iii: delivering to an address:
iv: leaving at a place:
v: sending by post or otherwise:
vi: printing in a newspaper or other periodical:
vii: broadcasting by any means:
viii: disseminating by means of the Internet or any other electronic medium:
ix: storing electronically in a way that is accessible to the public:
x: incorporating in a device for use with a computer:
xi: inserting in a film or video; but
b: excluding by addressing 1 or more persons face to face. 1993 No 87 s 3D 2010 No 139 s 33
42: Meaning of regulated period
In this Act, the regulated period regulated period section 3B 1993 No 87 s 3B
43: Electoral Commission to publish details of regulated period
The notice of the regulated period for the general election published under section 3C 2010 No 139 s 35
1: General rules for referendum advertisements
44: Persons who may promote referendum advertisements
A person is entitled to promote a referendum advertisement if the person—
a: is a registered promoter; or
b: is an unregistered promoter who, in relation to referendum advertisements published during the regulated period, does not incur referendum expenses exceeding the same amount as the amount specified in section 204B(1)(d) 1993 No 87 s 204B 2010 No 139 s 36
45: Maximum amount of registered promoter's total referendum expenses
The total referendum expenses of a registered promoter in relation to referendum advertisements published during the regulated period must not exceed the same amount as the amount specified in section 206V
46: Persons who may incur referendum expenses in relation to referendum advertisement
A person may incur referendum expenses in relation to a referendum advertisement only if the person is—
a: the promoter of the referendum advertisement; or
b: a person authorised by the promoter to incur referendum expenses in relation to the referendum advertisement. 1993 No 87 s 206T 2010 No 139 s 38
47: Apportionment of referendum expenses for publication of referendum advertisement both before and during regulated period
1: This section applies if a referendum advertisement—
a: is published both before the commencement of the regulated period and during the regulated period; or
b: is published before the commencement of the regulated period and continues to be published during the regulated period.
2: If this section applies,—
a: the referendum advertisement is deemed to have been published during the regulated period; but
b: the referendum expenses for the publication of the referendum advertisement must be apportioned so that only a fair proportion of the expenses is attributed to being incurred during the regulated period.
3: Only the referendum expenses attributed to being incurred during the regulated period determined in accordance with subsection (2) are referendum expenses for the purposes of sections 44(b) 45 72 1993 No 87 s 204B 2010 No 139 s 39 Counting of expenses
48: Counting of expenses in relation to separate advertisements
If a person promotes an advertisement that is unique to a single referendum (regardless of the number of referendums held in conjunction with the election), the promoter must count the referendum expenses relating to the advertisement as referendum expenses incurred in relation to that single referendum for the purposes of sections 44(b) 45 72
49: Counting of expenses in relation to joint advertisements
1: In this section, joint advertisement
a: both an election advertisement and a referendum advertisement (in relation to 1 or more referendums); or
b: a referendum advertisement in relation to more than 1 referendum.
2: The promoter of a joint advertisement under subsection (1)(a) must count the sum of all referendum expenses and election expenses incurred in relation to publication of the advertisement during the regulated period as—
a: referendum expenses, for purposes of applying sections 44(b) 45 72
b: election expenses, for the purposes applying the following provisions of the 1993 Act:
i: section 204B(1)(d)
ii: section 205C(1)(a)
iii: section 206C
iv: section 206V
3: The promoter of a joint advertisement under subsection (1)(b) must count the sum of all referendum expenses incurred in relation to publication of the advertisement during the regulated period as referendum expenses for the purposes of applying sections 44(b) 45 72
50: Counting of expenses in relation to jointly promoted referendum advertisements
1: In this section, a jointly promoted referendum advertisement
a: is promoted by more than 1 promoter; and
b: has the promoter statement of each promoter on it.
2: Each promoter of a jointly promoted referendum advertisement must count the sum of all referendum expenses incurred in relation to the advertisement as referendum expenses of the promoter for the purposes of applying sections 44(b) 45 72 1993 No 87 s 204C Obligations of promoters to keep records
51: Promoters to keep records to verify referendum expenses
1: A person who is an unregistered promoter or who has been an unregistered promoter at any time during the regulated period must take all reasonable steps to keep the records, documents, and accounts that are necessary to enable verification of the referendum expenses incurred in relation a referendum advertisement promoted while the promoter is not registered.
2: A person who is a registered promoter must take all reasonable steps to keep all records, documents, and accounts that are reasonably necessary to enable the promoter’s return of referendum expenses filed under section 72
3: Despite section 3
a: the close of the day that is 3 years after polling day for the general election; or
b: if a fresh referendum is held under section 32 1993 No 87 s 204E 2010 No 139 ss 57 62 Promoter statements
52: Referendum advertisement to include promoter statement
1: This section applies to a referendum advertisement published at any time from the date that the provision of the enactment declaring the referendum to be a referendum for the purposes of this Act comes into force until the close of the day before polling day.
2: A person may publish a referendum advertisement or cause or permit a referendum advertisement to be published only if the advertisement includes a promoter statement in accordance with this section.
3: A promoter statement must state the name and address of the promoter of the referendum advertisement.
4: If the promoter is a registered promoter, the name and address of the promoter stated in the promoter statement must be the same name and address of the promoter that appear in the register.
5: If the promoter is an unregistered promoter and is a body corporate or unincorporated, the promoter statement must also include the name of a member of the body who is the duly authorised representative of the promoter.
6: If the referendum advertisement is published in a visual form, the promoter statement must be clearly displayed in the advertisement.
7: If the referendum advertisement is published only in an audible form, the promoter statement when published must be no less audible than the other content of the advertisement. 1993 No 87 s 204F 2010 No 139 s 42 2015 No 66 s 64
53: Promoter statement in joint election and referendum advertisement to comply with all content requirements
If a referendum advertisement is also an election advertisement described in section 204G 204H section 52 2010 No 139 s 40
2: Registered promoters
54: Promoters eligible for registration
1: A promoter (including a corporation sole, a body corporate, and an unincorporated body) is eligible to be a registered promoter if the promoter is not an overseas person.
2: In this section, overseas person
a: an individual who—
i: resides outside New Zealand; and
ii: is not a New Zealand citizen or registered as an elector; or
b: a body corporate incorporated outside New Zealand; or
c: an unincorporated body that has its head office or principal base of business outside New Zealand. 1993 No 87 s 204K 2010 No 139 s 43
55: Application for registration
1: An application to be a registered promoter must be made to the Electoral Commission and made,—
a: if the promoter is an individual, by that individual; or
b: if the promoter is a company, by a person who is duly authorised by the board of directors to make the application; or
c: if the promoter is not an individual or a company, by the promoter’s representative who is authorised by the promoter to make the application.
2: An application to be a registered promoter must be made in the form required by the Electoral Commission and set out—
a: the name and contact details of—
i: the promoter; and
ii: if the promoter is not an individual, the person described in subsection (1)(b) or (c), as the case may be, who made the application; and
b: the names of the persons occupying a position in the body that is comparable with that of a director of a company, if the promoter is not an individual or a company; and
c: the names of the trustees, if the promoter is a trust; and
d: the referendum that the application relates to.
3: An application to be a registered promoter must be accompanied by evidence of the authority to make the application, if the application is made by a person described in subsection (1)(b) or (c). 1993 No 87 s 204L 2010 No 139 s 44
56: Grounds on which registration must be refused
The Electoral Commission must refuse an application by a promoter to be registered if—
a: the application does not comply with section 55
b: the Electoral Commission is not satisfied that the promoter is eligible under section 54
c: the name of the promoter is—
i: indecent or offensive; or
ii: likely to cause confusion or mislead electors. 1993 No 87 s 204M 2010 No 139 s 45
57: Electoral Commission’s decision on application
1: If there are no grounds under section 56
a: register the promoter; and
b: notify the person who made the application of the date of registration of the promoter.
2: If there are grounds under section 56
a: refuse the application; and
b: notify the person who made the application of the refusal and the reasons. 1993 No 87 s 204N 2010 No 139 s 46
58: Obligation to notify Electoral Commission of change in contact details
A registered promoter must notify the Electoral Commission of any change in the information provided under section 55(2) 1993 No 87 s 204O 2010 No 139 s 47
59: Cancellation of registration
1: The Electoral Commission must cancel the registration of a promoter if—
a: the Electoral Commission is satisfied that the promoter is not eligible to be registered; or
b: the promoter—
i: requests that it do so; and
ii: has not incurred expenses in relation to referendum advertisements that exceed the amount specified in section 44(b)
2: If the Electoral Commission cancels the registration of a promoter under subsection (1), the Electoral Commission must, as soon as is reasonably practicable, and in any case not later than 10 working days after the date of the cancellation, notify the promoter in writing of—
a: the cancellation; and
b: the reason for the cancellation. 1993 No 87 s 204P 2010 No 139 s 48
60: Expiry of registration
Unless earlier cancelled under section 59 section 26(1) 1993 No 87 s 204Q 2010 No 139 s 49
61: Register to be established
1: The Electoral Commission must establish and maintain a register of registered promoters in relation to each referendum.
2: The Electoral Commission must enter in the register, in relation to every registered promoter,—
a: the name of the registered promoter; and
b: the address of the registered promoter; and
c: the names of persons set out in the promoter’s application, if any, provided under section 55(2)(a)(ii), (b), and (c)
3: The Electoral Commission may enter in the register any other information that the Electoral Commission considers necessary or desirable for the purposes of the register. 1993 No 87 s 204R 2010 No 139 s 50
62: Purposes of register
The purposes of the register are—
a: to enable members of the public to ascertain—
i: whether a person is a registered promoter and, if so, the address of that person; and
ii: whether a referendum advertisement is promoted by a registered promoter; and
b: to assist with the enforcement of the provisions of this Part. 1993 No 87 s 204S 2010 No 139 s 51
63: Form of register
The register may be kept—
a: as an electronic register (for example, on the Electoral Commission’s Internet site); or
b: in any other manner that the Electoral Commission thinks fit. 1993 No 87 s 204T 2010 No 139 s 52
64: Alterations to register
The Electoral Commission may at any time make any amendments to the register that are necessary to—
a: reflect any changes in the information referred to in section 61
b: correct any error or omission on the part of the Electoral Commission or any person to whom the Electoral Commission has delegated its functions, duties, or powers. 1993 No 87 s 204U 2010 No 139 s 53
65: Register to be public
The Electoral Commission must—
a: make the register available for public inspection at its office during ordinary office hours, without fee; and
b: supply to a person copies of all or part of the register on request, subject to payment of any charges that may be made under the Official Information Act 1982 1993 No 87 s 204V 2010 No 139 s 54
66: Search of register
A person may search the register for a purpose set out in section 62 1993 No 87 s 204W 2010 No 139 s 55
67: When search constitutes interference with privacy of individual
A search of the register for personal information that has not been carried out for a purpose specified in section 62 section 66 1993 No 87 s 204X 2010 No 139 s 56 Claims against registered promoters for payment of referendum expenses
68: Periods for claiming and paying registered promoter’s referendum expenses
1: A claim against a registered promoter for payment of referendum expenses is recoverable only if it is sent to the registered promoter within 20 working days after the day on which the Electoral Commission declares the official result of the referendum under section 26
2: A claim that is sent to a registered promoter in accordance with subsection (1) must be paid within 40 working days after the day on which that declaration is made, and not otherwise.
3: This section is subject to sections 69 70 1993 No 87 s 206Y 2010 No 139 s 58
69: Procedure if claim disputed
1: If a registered promoter, in the case of a claim for referendum expenses sent to the registered promoter within the period of 20 working days specified in section 68(1)
a: the claim is to be treated as a disputed claim; and
b: the claimant may, within 20 working days after the expiry of that period of 40 working days, bring an action for the disputed claim in any court of competent jurisdiction.
2: Any sum paid by the registered promoter in accordance with a judgment or order of the court in any such action is to be treated as paid within the period specified in section 68(2)
3: To avoid doubt, subsection (2) has no effect for the purposes of applying the Interest on Money Claims Act 2016 1993 No 87 s 206Z 2010 No 139 s 59
70: Leave to pay claim after time limitation
1: On the application of a claimant or a registered promoter, the District Court may make an order granting leave to the registered promoter to pay—
a: a claim for referendum expenses sent after the period specified in section 68(1)
b: a claim not paid in the period specified in section 68(2)
c: a disputed claim in respect of which an action was not brought within the period specified in section 69(1)(b)
2: Any sum paid by the registered promoter in accordance with an order made under subsection (1) is to be treated as having been paid within the period specified in section 68(2)
3: To avoid doubt, subsection (2) has no effect for the purposes of applying the Interest on Money Claims Act 2016 1993 No 87 s 206G 2010 No 139 s 60
71: Invoice and receipt required for referendum expenses of $50 or more
1: Every payment made in respect of any referendum expenses of a registered promoter must be evidenced by an invoice stating the particulars, and by a receipt.
2: Subsection (1) does not apply to a payment of less than $50. 1993 No 87 s 206H 2010 No 139 s 61 Returns of referendum expenses
72: Return of registered promoter’s referendum expenses
1: This section applies to a registered promoter whose total referendum expenses in respect of any regulated period exceed $100,000.
2: Within 70 working days after polling day for the general election, the registered promoter must file a return of referendum expenses with the Electoral Commission.
3: If the registered promoter is not an individual or a company, the return must be filed by the registered promoter’s representative who is duly authorised to file the return.
4: A return filed under subsection (2) must be in the form required by the Electoral Commission. 1993 No 87 s 206ZC 2010 No 139 s 62
73: Electoral Commission may require auditor’s report on return of registered promoter’s referendum expenses
1: If the Electoral Commission has reasonable grounds to believe that a return filed under section 72
2: The auditor must state in the report—
a: the position shown by the return in respect of the requirement that the registered promoter’s total referendum expenses must not exceed the maximum amount specified in section 45
b: either—
i: whether, in the auditor’s opinion, the position stated under paragraph (a) is correct; or
ii: that the auditor has been unable to form an opinion as to whether the position stated under paragraph (a) is correct.
3: The auditor must make any examinations that the auditor considers necessary.
4: The auditor must specify in the report any case in which—
a: the auditor has not received from the registered promoter all the information that the auditor requires to carry out their duties; or
b: proper records of the registered promoter’s referendum expenses have not, in the auditor’s opinion, been kept by the registered promoter.
5: The auditor—
a: must have access, at all reasonable times, to all records, documents, and accounts that relate to the registered promoter’s referendum expenses and that are held by the registered promoter; and
b: may require the registered promoter to provide any information and explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report. 1993 No 87 s 206ZC 2010 No 139 s 64
74: Return of registered promoter’s referendum expenses to be publicly available
1: The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every return filed under section 72
2: During the public inspection period, the Electoral Commission must make a copy of every return filed under section 72
3: The Electoral Commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the Official Information Act 1982
4: In this section, public inspection period
a: beginning on the day that is 3 working days after the date on which the Electoral Commission receives the return; and
b: ending with the close of polling day for the second general election that takes place after that date. 1993 No 87 s 206ZC 2010 No 139 s 65
3: Offences and penalties in relation to referendum advertising
75: Illegal practices
A person is guilty of an illegal practice if the person wilfully—
a: promotes a referendum advertisement without being entitled to do so under section 44
b: contravenes any of subsections (1) to (7) of section 52
c: makes a payment in breach of section 68(2)
d: contravenes any of subsections (1) to (3) of section 76 1993 No 87 ss 204B(3) 204D(4) 204F(7) 2010 No 139 s 66
76: Illegal practice to avoid limit set out in section 44(b)
1: An unregistered promoter may not enter into an agreement, or enter into an arrangement or understanding, with any other person for the purpose of circumventing the maximum amount specified in section 44(b)
2: A body corporate or unincorporated may not encourage its members to take any action for the purpose of circumventing the maximum amount referred to in section 44(b)
3: No person may incorporate or form 2 or more bodies corporate or unincorporated for the purpose of circumventing the maximum amount referred to in section 44(b)
4: A person who wilfully contravenes any of subsections (1) to (3) of this section is guilty of an illegal practice. 1993 No 87 s 204D
77: Offence to incur unauthorised referendum expense
1: A person who wilfully contravenes section 46
2: A person who contravenes section 46 1993 No 87 s 206U 2010 No 139 s 70
78: Offence to pay referendum expenses in excess of maximum
1: This section applies to a registered promoter or any other person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any referendum expenses any sum in excess of the maximum amount referred to in section 45
2: The registered promoter or other person is guilty of—
a: a corrupt practice if that person knew the payment was in excess of the maximum amount; or
b: an illegal practice in any other case, unless the person proves that they took all reasonable steps to ensure that the referendum expenses did not exceed the maximum amount.
3: A person who enters into an agreement, or enters into an arrangement or understanding, with any other person for the purpose of circumventing the maximum amount referred to in section 45 1993 No 87 s 206X(2)(a), (b), (3)
79: Offence relating to unregistered promoter’s obligation to keep records
An unregistered promoter who fails, without reasonable excuse, to comply with section 51(1) 1993 No 87 s 204E
80: Offence relating to registered promoter’s obligation to keep records
A registered promoter who fails, without reasonable excuse, to comply with section 51(2) 1993 No 87 s 206ZF
81: Offences relating to return of registered promoter’s referendum expenses
1: A registered promoter who fails, without reasonable excuse, to comply with section 72(2)
2: A registered promoter who files a return under section 72(2)
a: a corrupt practice if the registered promoter filed the return knowing it to be false in any material particular:
b: an illegal practice in any other case, unless the registered promoter proves that—
i: they had no intention to misstate or conceal the facts; and
ii: they took all reasonable steps in the circumstances to ensure that the information was accurate.
3: If the registered promoter is not an individual or a company, the registered promoter’s representative who files the return in accordance with section 72(3)
4: Subsection (3) does not limit the liability of a registered promoter under subsection (1) or (2). 1993 No 87 s 206ZE
82: Punishment for corrupt or illegal practice
1: A person who is guilty of a corrupt practice is liable on conviction to either or both of the following:
a: a term of imprisonment not exceeding 2 years:
b: a fine not exceeding $100,000.
2: A person who is guilty of an illegal practice is liable on conviction to a fine not exceeding $40,000.
3: Section 100 section 28
83: Time limit for commencing prosecutions under Part
The time limits for commencing prosecutions specified in section 34
4: Miscellaneous provisions
84: Duty of Electoral Commission
1: If the Electoral Commission believes that a person has committed an offence under this Act, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police.
2: However, subsection (1) does not apply to an offence under Part 3 2010 No 139 s 73
85: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: at any time before the start of the regulated period, declaring an advertisement, a class of advertisements, an activity, or a class of activities not to be a referendum advertisement for the purposes of this Act:
b: prescribing forms required for any matter in relation to a referendum:
c: providing for matters that are contemplated by, necessary for the administration of, or necessary for giving full effect to this Act.
2: Regulations under this section are secondary legislation ( see Part 3 2010 No 139 s 80 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 85(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021