2007 Referendum

2007 REFERENDUM

Referendum process

There is a Referendum Commission for organising a referendum and declaring the result.

There are Voting Officers for each voting place. They are well-trained and will look after each voting place and be responsible for the counting of the vote. They are not involved in any other aspect of the Referendum.

There is a national Register of Voters. This is based on the Register of 2005 and will include all persons newly qualified till July 2007. The Register of 2007 will be published on 1 August 2007 at TALO and the Taupulega Offices of each village.

Referendum voting

Eligibility

The right to vote belongs to the inhabitants of Tokelau. This right was established by the General Fono. The General Fono decision is consistent with international law. Under international law, the inhabitants of a colony exercise the right to self-determination because these are the people who will be impacted most by decolonisation.

Tokelau residents do not have a right to vote in New Zealand elections. New Zealand residents do not have a right to vote in Tokelau elections or in the self-determination referendum.

The Referendum Rules 2006 made by the General Fono establish a residency requirement for voter eligibility with some exceptions in favour of invalids, students, and public servants. From the date of a voter application a Tokelauan must have been resident in Tokelau for at least 3 consecutive months in the preceding 18 months, and a non-Tokelauan must have been permanently resident for not less than the preceding 5 years. Voter registration for the November Referendum closes on 2 July 2007.

Voting day

Anybody on the voter register may vote on the voting day.

The vote is written, individual and secret. The system makes it impossible to know how an individual or a village voted. The integrity of the referendum system is monitored by the United Nations.

The voters have only one proposal to consider. No alternative is presented. Voters will accept or reject the treaty package. A rejection does not mean acceptance of some other system for the future. A rejection does not mean support for the present situation, for integration, or for anything else. It is simply a rejection of this particular package.

The vote is a national vote. The votes in the 3 villages, in Apia and from residents abroad will be counted together in one place at the same time. In 2006 the result of the vote was declared within 1 hour of the close of voting.

Referendum result = acceptance

If at least 67% of the people vote for the treaty package, self-determination will be effective from a time to be agreed by the governments of Tokelau and New Zealand.

After a 'yes' vote Tokelau would need time to organise itself for the new system.

After a 'yes' vote New Zealand would need at least several months in which to pass the laws necessary to recognise the Tokelau vote and for Parliament to approve the Treaty for signing.

For both governments there are times in the political cycle when it is easier to get things done than at other times.

Tokelau also often has to take account of seasonal and transport factors.

The New Zealand Government has accepted the treaty package. It is usual government practice for successive governments to honour the undertaking made by their predecessors.

The Administrator of Tokelau is also Head of a Special Relations Unit. This is the New Zealand Ministry of Foreign Affairs Unit that deals with Tokelau and Niue. After Tokelau is decolonised, there will be no Administrator of Tokelau - just the Head of the Special Relations Unit for the New Zealand Government.

Referendum result = rejection

If the treaty package is not accepted, Tokelau will remain a colony.

New Zealand will control Tokelau government as it presently can through the New Zealand Parliament or the Governor-General.

Tokelau will not have self-determination until the people have voted in favour of a particular proposal.

Tokelau will have to vote again sometime in the future to decide its future status.

Tokelau will continue to have an Administrator.