Are referendum results binding?

New Zealand

New Zealand

Answer
Optional referendum - sometimes
Source

Referenda (Postal Voting) Act 2000;

(Enacted on 14 November 2000)

 

http://www.legislation.govt.nz/act/public/2000/0048/latest/DLM73881.html?search=ts_act%40bill%40regulation%40deemedreg_postal_resel_25_h&p=1

 

Citizens Initiated Referenda Act 1993

( Enacted on 28 September 1993)

 

http://www.legislation.govt.nz/act/public/1993/0101/latest/DLM317193.html?search=ts_act%40bill%40regulation%40deemedreg_citizens_resel_25_h&p=1

 

For an example of specificenabling legislation providing for Ad hoc government-initiated referenda,

see:

 

Electoral Referendum Act 2010

(Enacted on 20 December 2010)

 

http://www.legislation.govt.nz/act/public/2010/0139/latest/DLM2833513.html?search=ts_act%40bill%40regulation%40deemedreg_referendum_resel_25_h&p=1

Comment

Article 3 of the CitizensInitiated Referenda Act 1993 states that all citizen initiated referenda arealways indicative, and never binding.

 

Article 5 of the Referenda(Postal Voting) Act 2000 states that Government initiated referenda conductedby post are always indicative.  It is tobe noted, however, that Government initiated referendums authorised by specificenabling legislation may be eitherbinding or indicative.

As New Zealand has no writtenconstitution and operates under the principle of parliamentary sovereignty,even a government initiated referendum which purports to be binding could beretrospectively undone.

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