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Boundary Delimitation
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
f . Inherited monarchy with a Governor appointed by the Monarch
Comments: The Queen in Right of New Zealand (Queen Elzabeth II) is the Head of State of Tokelau. The Queen's Representative is the Governor General of New Zealand, represented in Tokelau by the Administrator of Tokelau, appointed by the Minister of Foreign Affairs.
Source: 'Tokelau Islands Information Paper, New Zealand Ministry of Foreign Affairs and Trade': http://www.mfat.govt.nz/Countries/Pacific/Tokelau.php
CIA World Factbook: https://www.cia.gov/library/publications/the-world-factbook/geos/tl.html
Verified: 2009/09/30
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
f . Other
Comments: Article 3: General Fono
The General Fono consists of the following members -
The Faipule and Pulenuku of each village, and
One delegate from each village for every 100 inhabitants of that village, based on the latest available census figures rounded to the nearest 100 inhabitants.
Article 5: Executive powers of the General Fono
It is the duty of the General Fono to manage the following matters in the interests of the nation -
National budget appropriation and national financial management;
National public service;
The relationship of Tokelau with New Zealand;
International relations;
National integrity;
National resources;
National transport;
Telecommunications;
Postal services;
Policy and structures for national health and education;
Tokelau currency for coin collectors; and
Any matters related to any of these items and any matter referred by the Taupulega of each village to the General Fono for its consideration, decision, or legislative action.
The capacity of Tokelau to enter into treaties and other international arrangements shall be exercised by the Council for the Ongoing Government.
Any treaty or other international arrangement may be entered into by Tokelau only following a resolution of the General Fono to that effect.
No provision of a treaty or other international arrangement shall have the effect of law unless approved by the General Fono by Rule.
Every document that must be signed by Tokelau may be signed on behalf of Tokelau by the three Faipule, or the Ulu, as they decide.
Article 6: Council for the Ongoing Government
When the General Fono is not in session, the executive business of the General Fono shall be conducted by the Council for the Ongoing Government, which shall, after such consultation as it thinks fit, take the decisions necessary for the effective administration of Tokelau.
The Council shall include the three Faipule and the three Pulenuku, and portfolios shall be allocated to each member of the Council.
The National Government is represented by the Council for the Ongoing Government of Tokelau (which functions as the Cabinet), consisting of 3 Faipule (village leaders) and 3 Pulenuku (village mayors). The position of the head of government ('Ulu-o-Tokelau' - the leader of Tokelau) rotates among the 3 Faipule on an annual basis.
Source: Constitution of Tokelau 2007, Article 3, 5-6
https://aceproject.org/ero-en/regions/pacific/TK/tokelau-constitution
'Tokelau Islands Information Paper, New Zealand Ministry of Foreign Affairs and Trade': http://www.mfat.govt.nz/Countries/Pacific/Tokelau.php
CIA World Factbook: https://www.cia.gov/library/publications/the-world-factbook/geos/tl.html
Verified: 2020/01/22
ES003
President
Question: Does the country have a president?
Answer:
b . No
Comments: Article 5: Executive powers of the General Fono
It is the duty of the General Fono to manage the following matters in the interests of the nation -
National budget appropriation and national financial management;
National public service;
The relationship of Tokelau with New Zealand;
International relations;
National integrity;
National resources;
National transport;
Telecommunications;
Postal services;
Policy and structures for national health and education;
Tokelau currency for coin collectors; and
Any matters related to any of these items and any matter referred by the Taupulega of each village to the General Fono for its consideration, decision, or legislative action.
The capacity of Tokelau to enter into treaties and other international arrangements shall be exercised by the Council for the Ongoing Government.
Any treaty or other international arrangement may be entered into by Tokelau only following a resolution of the General Fono to that effect.
No provision of a treaty or other international arrangement shall have the effect of law unless approved by the General Fono by Rule.
Every document that must be signed by Tokelau may be signed on behalf of Tokelau by the three Faipule, or the Ulu, as they decide.
Source: Constitution of Tokelau 2007, Article 5
https://aceproject.org/ero-en/regions/pacific/TK/tokelau-constitution
'Tokelau Islands Information Paper, New Zealand Ministry of Foreign Affairs and Trade': http://www.mfat.govt.nz/Countries/Pacific/Tokelau.php
CIA World Factbook: https://www.cia.gov/library/publications/the-world-factbook/geos/tl.html
Verified: 2020/01/22
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: The General Fono consists of 20 seats.
Article 3: General Fono
The General Fono consists of the following members -
The Faipule and Pulenuku of each village, and
One delegate from each village for every 100 inhabitants of that village, based on the latest available census figures rounded to the nearest 100 inhabitants.
The delegates are designated by each village in accordance with the rules established by that village.
The term of office of delegates of the General Fono coincides with that of Faipule.
Where a need arises to replace a member during the term of office, the replacement shall be made by the village in accordance with the rules established by that village.
Source: Constitution of Tokelau 2007, Article 3
https://aceproject.org/ero-en/regions/pacific/TK/tokelau-constitution
'Tokelau Islands Information Paper, New Zealand Ministry of Foreign Affairs and Trade': http://www.mfat.govt.nz/Countries/Pacific/Tokelau.php
CIA World Factbook: https://www.cia.gov/library/publications/the-world-factbook/geos/tl.html
Verified: 2009/09/30
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
d . Two-Round System
Comments: In the January 2002 elections, the General Fono adopted a population-based pattern of representation which in 2008 entitled atoll of Atafu to seven members, the atoll of Fakaofo to seven and the atoll of Nukunonu to six members – making a total of 20 seats. The representatives are elected to serve 3 year terms.
Source: 'Tokelau Islands Information Paper, New Zealand Ministry of Foreign Affairs and Trade': http://www.mfat.govt.nz/Countries/Pacific/Tokelau.php
CIA World Factbook: https://www.cia.gov/library/publications/the-world-factbook/geos/tl.html
Verified: 2020/01/22
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
b . Separate legislation
Comments:
Source: National Elections Rules 2013
http://www.paclii.org/tk/legis/consol_act_2016/ner2013241/
Verified: 2020/01/22
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections
Comments: Article 2: Purpose
The purpose of these rules is to provide a common set of conditions for elections conducted in the villages for membership of the General Fono.
Source: National Elections Rules 2013, Article 2
http://www.paclii.org/tk/legis/consol_act_2016/ner2013241/
Verified: 2020/01/22
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
Source: National Elections Rules 2013
http://www.paclii.org/tk/legis/consol_act_2016/ner2013241/
Verified: 2020/01/22
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
d . Other
Comments: Article 16: Human Rights
3. If a person thinks that one of their human rights as provided in this Constitution has been denied or may be denied, that person may apply to the Council for the Ongoing Government for protection of that right.
4. If the Council of Ongoing Government agrees with the complaint, it may make any order it thinks appropriate for the protection of that right.
Source: Constitution of Tokelau 2007, Article 16
https://aceproject.org/ero-en/regions/pacific/TK/tokelau-constitution
Verified: 2020/01/22
Electoral Management
EM001
Please provide the following contact information for the national electoral management body:
Name of Institution: Director of Support Services, Tokelau public Service (Staff appointments to the TPS are made by the New Zeland State Service Commission. Poliy direction comes from the Administrator of Tokelau, which is a senior position within the New Zeland Ministry of Foreign Affairs and Trade)
Referendum Commission (These provisions relate to the 2006 referendum on self-determination. Other arrangements remain transitional)
Website address: N/A.
Source
No Source
Verified
2009/11/16
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
e . No information available
Comments:
Source:
Verified: 2020/01/22
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
h . No information available
Comments:
Source:
Verified: 2020/01/22
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
e . Another organ within the national government
Comments: Article 5: Executive powers of the General Fono
It is the duty of the General Fono to manage the following matters in the interests of the nation -
National budget appropriation and national financial management;
Source: Constitution of Tokelau 2007, Article 5
https://aceproject.org/ero-en/regions/pacific/TK/tokelau-constitution
Verified: 2020/01/22
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
d . Other
Comments: The term of the members of the Referendum Commission is: for electoral period only.
N/A for the Ministry of Interior, TPS.
Source: Electoral Management Design: The International IDEA Handbook (http://www.idea.int/publications/emd/upload/EMD_Annex_A.pdf
Verified: 2009/11/16
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
c . Mixed
Comments:
Source: Electoral Management Design: The International IDEA Handbook (http://www.idea.int/publications/emd/upload/EMD_Annex_A.pdf
Verified: 2009/11/16
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
d . Other
Comments: The Referendum Commission is composed of: 9 members.
N/A for the Ministry of Interior, TPS.
Source: Electoral Management Design: The International IDEA Handbook (http://www.idea.int/publications/emd/upload/EMD_Annex_A.pdf
Verified: 2009/11/16
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
c . Combination of partisanship and expertise
Comments: The Referendum Commission membership is based on: expertise.
N/A for the Ministry of Interior, TPS.
Source: Electoral Management Design: The International IDEA Handbook (http://www.idea.int/publications/emd/upload/EMD_Annex_A.pdf
Verified: 2020/01/22
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
i . Other
Comments: The Referendum commission members are selected by: faipule(head) and 2 others from each village.
N/A for the Ministry of Interior, TPS.
Source: Electoral Management Design: The International IDEA Handbook (http://www.idea.int/publications/emd/upload/EMD_Annex_A.pdf
Verified: 2009/11/16
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
m . No information available
Comments:
Source:
Verified: 2020/01/22
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
d . No information available
Comments:
Source:
Verified: 2020/01/22
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
m . No information available
Comments:
Source:
Verified: 2020/01/22
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: Article 3: Qualification of voters
A person is qualified to be a voter in elections for the General Fono if on 31 December of the year preceding the election that person –
(i) is at least 18 years of age, and
Source: National Elections Rules 2013, Article 3
http://www.paclii.org/tk/legis/consol_act_2016/ner2013241/
Verified: 2020/01/22
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship b . Period of Residence
Comments: Article 3:Qualification of voters
A person is qualified to be a voter in elections for the General Fono if on 31 December of the year preceding the election that person –
(i) is at least 18 years of age, and
(ii) has been a resident in Tokelau for at least 6 consecutive months in the preceding 12 months, and
(iii) is neither a permanent resident in Tokelau nor a New Zealand citizen but has resided in Tokelau for at least one year prior to the election.
Source: National Elections Rules 2013, Article 3
http://www.paclii.org/tk/legis/consol_act_2016/ner2013241/
Verified: 2020/01/22
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
b . No
Comments:
Source: National Elections Rules 2013
http://www.paclii.org/tk/legis/consol_act_2016/ner2013241/
Verified: 2020/01/22
Parties and Candidates
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
d . Other
Comments: Article 6: (1)
(i) The Taupulega shall appoint a committee for the purpose of organising an election, supervising the voting, counting the votes, and declaring the result of the election.
Source: National Elections Rules 2013, Article 6
http://www.paclii.org/tk/legis/consol_act_2016/ner2013241/
Verified: 2020/01/22
Media and Elections
Direct Democracy
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
d . At specially designated polling stations
Comments: Article 6: (3) The Taupulega shall give public notice in the village of the time and place of an election, and of the list of candidates, at least 2 days before the election.
Source: National Elections Rules 2013, Article 6
http://www.paclii.org/tk/legis/consol_act_2016/ner2013241/
Verified: 2020/01/22
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