New Zealand 1852 Constitution (reviewed 2014)

Part 2. Consequential amendments and transitional provisions

Subpart 1. Provisions coming into force on day after assent

Heading 1. Transitional provision approving electronic medium for online re-enrolment and updating

38. Deemed approval of electronic medium called igovt logon service

1. In this section,—
   • igovt logon service means the government logon service developed by the Department of Internal Affairs and on the commencement of this section called the igovt logon service
     
     online re-enrolment and updating provisions means sections 82(4A), 83A(3), and 90(2A) of the principal Act (as inserted by sections 8, 9, and 11 of this Act).

2. The igovt logon service must, if and insofar as the deemed approval by this section has not been amended, revoked, or replaced, be taken to be an electronic medium approved for the purposes of all of the online re-enrolment and updating provisions.
3. The Chief Registrar, or on or after 1 July 2012 the Electoral Commission, may in accordance with the online re-enrolment and updating provisions do either or both of the following:
   1. amend, revoke, or revoke and replace some or all of the deemed approval by this section, and for the purposes of all of those provisions, of the igovt logon service:
   2. approve for the purposes of all or any of those provisions 1 or more additional electronic media.
4. This section does not limit or affect the generality of the online re-enrolment and updating provisions.

Heading 2. Transitional provisions relating to abolition of Chief Registrar of Electors

39. Office of Chief Registrar of Electors abolished

At the close of 30 June 2012,—

1. the office of Chief Registrar of Electors under section 21(1) of the principal Act is abolished and ceases to be held by the incumbent; and
2. the office of Deputy Chief Registrar of Electors under section 21(3) of the principal Act is abolished and ceases to be held by any person appointed to it; and
3. all delegations (if any) under section 21(4) to (9) of the principal Act cease to have effect.

40. No compensation for loss of office

No person is entitled to compensation or any other payment or benefit in respect of—

1. a person ceasing under section 39(a) or (b) to hold office as the Chief, or Deputy Chief, Registrar of Electors; or
2. a delegation ceasing under section 39(c) to have effect.

41. Crown-owned assets (other than intellectual property) and records that Chief Registrar controls or possesses

1. The Secretary for Justice must identify all assets and records that, at the close of 30 June 2012, are Crown-owned assets or records controlled or possessed by or on behalf of the Chief Registrar of Electors.
2. Assets and records identified under subsection (1) (other than intellectual property) must be treated as having been vested in the Electoral Commission on 1 July 2012.

42. Liabilities for expenses after 30 June 2012

1. The Secretary for Justice must identify—
   1. the expenses (incurred after 30 June 2012 arising from commitments before 18 August 2009) to be paid under section 44; and
   2. the expenses (incurred after 30 June 2012 arising from commitments after 17 August 2009 and before 1 July 2012) to be paid under section 45.
2. Liabilities in respect of expenses identified under subsection (1)(a) must be treated as having been vested in the Electoral Commission on 1 July 2012.
3. Liabilities in respect of expenses identified under subsection (1)(b) must be treated as having been vested on 1 July 2012 in—
   1. the Crown, if the Minister of Finance under section 45 approves them being paid by the Crown; or
   2. the Electoral Commission, if the Minister of Finance under section 45 approves them being paid by the Electoral Commission.

43. Expenses before 1 July 2012 (whether from commitments before, on, or after 17 August 2009

Expenses incurred before 1 July 2012 by New Zealand Post Limited in the administration of Part 5 of the principal Act (regardless of whether those expenses arise from commitments New Zealand Post Limited entered into before, on, or after 17 August 2009) must, despite the repeal (by section 32 of this Act) of section 23 of the principal Act, be paid out of public money appropriated by Parliament.

44. Expenses after 30 June 2012 from commitments before 18 August 2009

Expenses incurred after 30 June 2012 by New Zealand Post Limited in the administration of Part 5 of the principal Act and arising from commitments New Zealand Post Limited entered into before 18 August 2009 must be paid by the Electoral Commission out of public money appropriated by Parliament.

45. Expenses after 30 June 2012 from commitments after 17 August 2009 and before 1 July 2012

Expenses incurred after 30 June 2012 by New Zealand Post Limited in the administration of Part 5 of the principal Act and arising from commitments New Zealand Post Limited entered into after 17 August 2009 and before 1 July 2012 may, with the approval of the Minister of Finance, be paid by the Crown or by the Electoral Commission (in either case) out of public money appropriated by Parliament.

46. Matters incomplete on 1 July 2012

A matter or thing commenced under any enactment by the Chief Registrar of Electors and not completed before 1 July 2012 may be completed by the Electoral Commission.

47. Proceedings incomplete on 1 July 2012

Proceedings relating to an existing right, interest, title, immunity, or duty, commenced by or against (or commenced by or against the Crown in respect of an act or omission of) the Chief Registrar of Electors, and not completed before 1 July 2012 may be completed by the Electoral Commission.

48. Transitional or savings regulations

1. The Governor-General may, by Order in Council, make regulations providing for any transitional or savings matters concerning the coming into force of all or any of the provisions of this Act.
2. Regulations under this section must not be inconsistent with this Act.
3. Regulations under this section are regulations for the purposes of the Regulations (Disallowance) Act 1989 and the Acts and Regulations Publication Act 1989.