Electoral Boundaries Commission (Amendment) Act 2012
Act No. 15 of 2012
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ELECTORAL BOUNDARIES
COMMISSION (AMENDMENT) ACT 2012
Electoral Boundaries Commission (Amendment)
Act 2012 Arrangement of Sections
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Act No. 15 of 2012 Page 3
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ELECTORAL BOUNDARIES COMMISSION
(AMENDMENT) ACT 2012
Arrangement of Sections
Section
1 Short title................................................................................................................ 5
2 Long title amended ................................................................................................ 6
3 Section 2 amended ................................................................................................. 6
4 Section 10A inserted .............................................................................................. 6
5 Section 14 amended ............................................................................................... 6
6 Sections 17 and 18 replaced ................................................................................... 7
7 Sections 19A and 19B inserted .............................................................................. 8
Electoral Boundaries Commission (Amendment) Act
2012 Section 1
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Act No. 15 of 2012 Page 5
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ELECTORAL BOUNDARIES COMMISSION
(AMENDMENT) ACT 2012
Act No. 15 of 2012
AN ACT TO AMEND THE ELECTORAL BOUNDARIES COMMISSION
ACT 2010 TO PRESCRIBE DIFFERENT PRINCIPLES AND
CONSIDERATIONS TO BE USED BY THE COMMISSION IN
DETERMINING THE BOUNDARIES OF ELECTORAL
CONSTITUENCIES, AND FOR OTHER PURPOSES
I assent,
TUPOU VI,
21
st
November 2012.
BE IT ENACTED by the King and Legislative Assembly of Tonga in the
Legislature of the Kingdom as follows:
1 Short title
(1) This Act may be cited as the Electoral Boundaries Commission (Amendment)
Act 2012.
(2) The Electoral Boundaries Commission Act 2010 is in this Act referred to as
the Principal Act.
Section 2
Electoral Boundaries Commission (Amendment) Act
2012
Page 6 Act No. 15 of 2012
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2 Long title amended
The long title of the Principal Act is amended by repealing the word “Districts” and
replacing it with “Constituencies”.
3 Section 2 amended
In section 2 of the Principal Act, the definition “Electoral District” is repealed and
replaced with –
““island group” means one of the following –
(a) Tongatapu;
(b) Vava’u;
(c) Ha’apai;
(d) ‘Eua;
(e) the Niuas.”.
4 Section 10A inserted
The following section is inserted the Principal Act as section 10A –
“10A Communications from Prime Minister
If the Prime Minister wishes to communicate with the Commission he shall
do so in writing and a copy of every communication made under this section
to the Commission in any year shall be included in the annual report of the
Commission for that year laid before the Legislative Assembly under section
22.”.
5 Section 14 amended
Section 14 of the Principal Act is amended by –
(a) inserting the following subsections –
“(3) As soon as the accounts have been audited, the Commission shall
forward a copy of the statement of accounts referred to in subsection
(1) to the Cabinet, together with a copy of any report made by the
auditor on that statement of accounts or on the accounts of the
Commission.
(4) The accounts of the Commission, as soon as may be after the close of
each financial year and after audit, shall be published in such manner as
the Cabinet decides.”; and
(b) renumbering the present subsection (3) as subsection (5).
Electoral Boundaries Commission (Amendment) Act
2012 Section 6
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Act No. 15 of 2012 Page 7
6 Sections 17 and 18 replaced
Sections 17 and 18 of the Principal Act are repealed and replaced with the following
sections –
“17 Determination of boundaries
(1) Each determination of electoral boundaries shall be made by dividing
Tonga into 17 electoral constituencies in accordance with the
principles specified in this section and section 18.
(2) Subject to subsection (3) electoral constituencies within any island
group that includes more than one electoral constituency shall contain
an equal number of residents.
(3) If, in the opinion of the Commission, in taking into account the
considerations specified in subsection (4), electoral constituencies
within any island group that includes more than one electoral
constituency (including an island group that incorporates a merged
population pursuant to section 18) should contain unequal numbers of
residents, the Commission may in determining electoral
constituencies in such island group make an allowance by way of
addition or subtraction of population to an extent not exceeding 10
per centum more or less:
Provided that it shall not be a ground for contesting the validity of any
election that electoral constituencies within any such island group
vary in population size by more than 10 per centum.
(4) The Commission shall give due consideration to –
(a) the principle of population equality between electoral
constituencies;
(b) density of population;
(c) physical features including the natural boundaries of islands;
(d) local, town, district and traditional divisions and administrative
areas;
(e) the keeping of villages, estates, districts and communities of
interest intact where possible;
(f) community of interests within the proposed electoral
constituency, including economic, social and regional interests;
(g) means of communication and travel within the proposed
electoral constituency;
(h) geographical distribution of the settlements and the ease of
communications between persons therein and their
representative; and
(i) the contiguity of electoral boundaries.
Section 7
Electoral Boundaries Commission (Amendment) Act
2012
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18 Principles in determining boundaries
The Commission shall observe the following general principles in
determining electoral boundaries –
(a) electoral constituencies should be allocated between the various
island groups according to population distribution; but if in the
opinion of the Commission the population of an island group is
too small to justify that island group comprising a complete
electoral constituency, then the population of that island group
should for the purposes of the determination of electoral
constituencies be merged with the population of another island
group, and in such case the principle specified in this
subparagraph shall apply as if that merged population
comprised a single island group;
(b) the principle set out in paragraph (a) should only be departed
from if the Commission considers that there is strong
justification on the basis of those considerations specified in
section 17(4);
(c) the drawing of boundaries along roads and coastlines wherever
possible.”.
7 Sections 19A and 19B inserted
The Principal Act is amended by inserting the following sections as 19A and 19B –
“19A Notice of proposed boundaries
(1) When the Commission proposes to make a determination under
section 17, it shall publish in the Gazette a notice —
(a) stating places at which the public may inspect, without charge
—
(i) the names, and a description of the boundaries, of the
proposed constituencies; and
(ii) a summary, in respect of each proposed constituency, of
the reasons why the boundaries described are being
proposed; and
(b) stating the last date on which the Commission will receive
written objections to the proposed boundaries or any of them
and to the proposed names or any of them (which date shall be
not less than one month after the date of the publication of the
said notice in the Gazette).
(2) Any failure to comply with subsection (1)(a) shall not of itself
invalidate any decision or proceedings of the Commission.
Electoral Boundaries Commission (Amendment) Act
2012 Section 7
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Act No. 15 of 2012 Page 9
(3) Where any objections are received under subsection (1)(b), the
Commission shall publish in the Gazette a notice—
(a) containing a summary of the objections;
(b) stating a place or places at which the objections are available
for public inspection; and
(c) stating the last date on which the Commission will receive
written counter-objections to those objections or any of them
(which date shall not be less than 1 month after the date of the
publication of the said notice in the Gazette).
(4) The Commission shall, before coming to a final determination, duly
consider any objections lodged under subsection (1)(b) and any
counter-objections lodged under subsection (3).
19B Report and maps to be laid before Legislative Assembly
A copy of every report of the Commission, together with properly
authenticated maps of the electoral constituencies fixed by the report, shall
be presented by the Commission to the Legislative Assembly within 3
sitting days after the date of publication if the Legislative Assembly is then
in session, and, if not, then within 3 sitting days after the date of the
commencement of the next ensuing session.”.
Passed by the Legislative Assembly this 10
th
day of October 2012.
