TONGA

ELECTORAL BOUNDARIES COMMISSION (AMENDMENT) ACT 2012

Act No. 15 of 2012

Arrangement of Sections

Section

1 Short title
2 Long title amended
3 Section 2 amended
4 Section 10A inserted
5 Section 14 amended
6 Sections 17 and 18 replaced
7 Sections 19A and 19B inserted

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, 
21st 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.

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In section 2 of the Principal Act, the definition "Electoral District" is repealed and replaced with – 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).

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Sections 17 and 18 of the Principal Act are repealed and replaced with the following sections – 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.

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.

(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 10th day of October 2012.