New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 17 August 2011
| Public Act | 1993 No 87 |
| Date of assent | 17 August 1993 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Justice.
3A Meaning of election advertisement
3B Meaning of regulated period
3C Electoral Commission to publish details relating to regulated period
3E Meaning of advertising expenses
3F Application of Act to conduct outside New Zealand
4 Electoral Commission [Repealed]
4A Crown Entities Act 2004 to apply [Repealed]
4D Membership of Electoral Commission
4E Appointment of Judge as member not to affect tenure, etc
4G Power to remove or suspend members
4I Deputy Electoral Commissioners
4J Proceedings of Electoral Commission
6 Powers of Electoral Commission
8 Electoral Commission must report on general election
9 Electoral Commission may delegate functions, duties, or powers to non-employees
10 Term of office [Repealed]
11 Vacation of office of additional members who hold office for purposes of jurisdiction under Part 6 of Broadcasting Act 1989 [Repealed]
11A Appointment of deputies [Repealed]
11B Status of deputies [Repealed]
11C Protection from civil liability [Repealed]
12 Delegation of Commission’s powers [Repealed]
14 Proceedings of Electoral Commission [Repealed]
15 Annual report [Repealed]
16 Clerk of the Writs [Repealed]
17 Deputy Clerk of the Writs [Repealed]
18 Chief Electoral Officer [Repealed]
19 Deputy Chief Electoral Officer [Repealed]
20 Electoral officials [Repealed]
20A Electoral officials under direction of Electoral Commission
20B Designation of Returning Officers
20C Returning Officers may delegate functions, duties, or powers
20CB Effect of delegation on Returning Officer
20CC Revocation of delegations
20D State sector agencies to assist with administration of elections
21 Chief Registrar of Electors
23 Appropriation of expenses of New Zealand Post Limited
24 Employees appointed by Chief Electoral Officer [Repealed]
25 General provision as to Returning Officers
26 Returning Officer to make declaration
Part 3
The House of Representatives
31 Remuneration and travelling allowances
32 Deputies of appointed members
33 Deputies of ex officio members
35 Division of New Zealand into General electoral districts
36 Allowance for adjustment of quota
37 Classification of electoral districts for purposes of pay or allowances
38 Notice of proposed boundaries and classification
39 Communications to officials
41 Report and maps to be laid before House of Representatives
42 Indexes of streets and places
44 Commissioner not eligible as member of House of Representatives
46 Electoral districts for and polling in Chatham Islands
Qualifications of candidates and members
47 Registered electors may be members, unless disqualified
47A Certain persons disqualified from candidacy
48 Offence for public servant or Returning Officer to sit
49 Candidate not disqualified if name removed from roll without cause
50 Effect of registration on wrong roll
51 Member ceasing to be elector
52 Candidacy and election of State servants
53 Members disqualified from being State servants
Term of office of member of Parliament
54 Term of office of member of Parliament
55AA Dual or multiple citizenship permissible in certain circumstances
55A Member ceasing to be parliamentary member of political party [Expired]
55B Notice from member [Expired]
55C Notice from parliamentary leader of party [Expired]
55D Form of statement to be made by parliamentary leader [Expired]
55E Definitions [Expired]
56 Member becoming mentally disordered
57 Registrar of court to notify cause of vacancy in certain cases
58 Registrar of Births and Deaths to notify Speaker of death of member
59 No person to be candidate for more than 1 district or on more than 1 list
Part 4
Registration of political parties and party logos
62 Register of Political Parties
63 Application for registration
63A Application for registration of party logo
64 Times when registration prohibited
65 Parties with certain names not to be registered
65A Certain logos not to be registered
66 Other grounds on which registration may be refused
67A Registration of party logos
70 Cancellation of registration
70A Cancellation of registration of party logo
71 Requirement for registered parties to follow democratic procedures in candidate selection
71A Obligation to provide annual declaration regarding party
71B Obligation to provide copy of party membership rules and candidate selection rules
Part 5
Registration of electors
72 Rules for determining place of residence within New Zealand
73 Meaning of permanent resident of New Zealand
75 Registration in respect of more than 1 electoral district
77 Periodic exercise of Maori option and determination of Maori population
79 Restriction on transfer between General and Maori electoral rolls
80 Disqualifications for registration
81 Detention in prison pursuant to sentence of imprisonment
82 Compulsory registration of electors
83 Updating of electoral rolls
83A Procedure following inquiry under section 83
83B No form of inquiry required if application for registration as elector received
83C Elector who cannot be contacted to be included in dormant roll
83D Transfer of electors between electorates
84 Power to combine revisions of electoral rolls with exercise of Maori option [Repealed]
85 Application for registration
86 Registration of mentally incapable persons
87 Procedure following application for registration
87A Procedure if immigration status means applicant apparently not qualified to be registered
88 Applications received after issue of writ
90 Changes of address to be notified
91 Effect of failure to notify change of address
92 Notification of death of registered elector
Marriage or civil union of registered elector
93 Notification of marriages and civil unions
Change of name of registered elector
94 Notification of change of name
Confirmation of change of name, address, or other particulars
94A Confirmation of change of name, address, or other particulars
95A Notice of elector’s objection
95B Power to remove name from roll
95C Power to retain name on roll
95D Reference of elector’s objection to District Court
97 Procedure on reference of application or objection to District Court
Removal of names from roll and alterations to roll
98 Removal of names from roll by Registrar
99 Notice of alterations to roll
102 Maintenance of rolls being replaced
103 Rolls where Parliament dissolved after change of boundaries and before new rolls completed
105 Supplementary rolls to be printed
106 Form of main roll and supplementary rolls
110 Public inspection of rolls, etc
111 Inspection of rolls at hui
111A Objectives of sections 111B to 111F
111B Interpretation of terms in sections 111C to 111F
111C Chief Registrar may seek consent of Maori electors to supply of information to designated body
111D Chief Registrar may supply information to designated body
111E Ministers of Justice and Maori Affairs may designate body to receive information
111F Designated body may supply information from register of iwi affiliations to iwi organisation and other Maori organisation
112 Supply of information on age and Maori descent
113 Supply of computer-compiled lists and electronic storage media to local authorities
114 Supply of electoral information to candidates, political parties, and members of Parliament
114A General provision concerning supply of information by Chief Registrar in electronic form
116 Offences relating to use of electoral information
117 Offences in respect of manipulating or processing electoral information
117A Offence relating to misuse of electoral information supplied under section 111D
118 False statements or declarations
119 Wilfully misleading Registrar
120 Duty to report suspected offences
121 Failure to deliver application
122 Assistance to be given to Registrar
123 Copies of rolls for Returning Officer
126 Writs for general election [Repealed]
127 Election of list candidates
127A Deposit by party secretary
128 Acceptance or rejection of lists by Electoral Commission
128A Notice of change in component parties
128B Electoral Commission must record and notify change in component parties
128C Withdrawal of list of candidates
By-elections for vacancies in seats of members representing electoral districts
129 By-elections for members representing electoral districts
130 When Governor-General to act for Speaker [Repealed]
131 Power to resolve in certain cases that by-election not be held
132 Writ for by-election [Repealed]
133 No writ to issue pending election petition
Filling of vacancies in other seats
134 Supply of vacancy of seat of member elected from party list
135 When Governor-General to act for Speaker
136 Power to resolve in certain cases not to supply vacancy
137 Method of supplying vacancy
140 Chief Registrar to be notified of writ
141 Returning Officer to be notified of writ
142 Returning Officer to give public notice of polling day, nomination day, and nomination process
143 Nominations of candidates for electoral districts
145 Acceptance or rejection of nomination
Bulk nomination of candidates by registered political parties
146A Purpose of sections 146B to 146L
146B Notice of intention to lodge bulk nomination
146C Effect of notification of intention to lodge bulk nomination on nominations under section 143
146D Bulk nomination of constituency candidates
146F Deposit payable in respect of bulk nomination schedule
146G Acceptance or rejection of bulk nomination schedule or nomination of candidate
146H Amendment of bulk nomination schedule
146I Withdrawal of bulk nomination schedule
146J Withdrawal of nomination in bulk nomination schedule
146K Replacement nomination if earlier nomination withdrawn or lapses
146L Inspection of bulk nomination schedules and consents to nomination
147 Advertisement of nomination and polling places
148 Procedure where election not contested
151 Name of political party for constituency candidates
Death or incapacity of candidate
152 Death before close of nominations
152A Incapacity of candidate before close of nominations
152B Procedural provisions relating to making of application under section 152A(1)
152C How application under section 152A to be dealt with
153 Death or incapacity of list candidate after submission of list
153A Death or incapacity of constituency candidate after close of nominations and before polling day
153B Death or incapacity of constituency candidate on polling day
153C Death or incapacity of successful constituency candidate after close of poll and before declaration of result
153D Application of equality of votes provisions if constituency candidate dies or becomes incapacitated after close of poll
153E New election to be held if writ vacated
153F Destruction of ballot papers if by-election interrupted
153G Application for cancellation of nomination if candidate incapacitated after close of nominations
153H How application under section 153G to be dealt with
154 Use of public schoolrooms for election meetings
155 Power to appoint polling places
156 Use of public schools as polling places
157 Materials for polling places
158 Appointment of polling place officials
158A Polling place officials under direction of Electoral Commission and Returning Officer
159 Exercise of powers and duties of polling place officials
162 Employees to have time off to vote
163 Ballot box to remain closed during poll
164 Persons not to remain in polling places
165 Voters not to be communicated with in polling place
166 Questions may be put to voters
167 Issue of ordinary ballot papers
170 Blind, disabled, or illiterate voters
171 Procedure when second vote given in same name
173 Voting by special voters on Tokelau, Campbell Island, and Raoul Island, in Ross Dependency, and on fishing vessels [Repealed]
173A Special voting by facsimile [Repealed]
174 Preliminary count of votes cast in polling place
174A Ballot papers, etc, to be compiled, certified, and sent to Returning Officer
174B No preliminary count if fewer than 6 ordinary ballot papers issued
174C Preliminary count of early votes
174D Conditions for counting early votes before close of poll
174E Maintenance of secrecy of count of early votes
174F Scrutineers for count of early votes
174G Offences in relation to count of early votes conducted before close of poll
176 Marked copies of rolls to be compared
177 Parcels to be secured after scrutiny
Official count and declaration of poll
179 Declaration of result of poll
180 Application to District Court Judge for recount
181 Application by political party for recount in every electoral district
182 Ability to combine recounts
183 Scrutineers for recounts and allocation of list seats
184 Ballot papers and certificate to be compared on recount
185 Endorsement and return of writ
186 Electoral Commission may correct writ
187 Disposal of ballot papers, rolls, etc
188 Annotation of list of special voters
190 Papers taken from parcels as evidence in certain cases
192 Determination of party eligibility for list seats
193A Electoral Commission may correct list of members elected
Maintenance of order at elections
194 Manager of polling place to maintain order
196 Obligation of persons in possession of ballot papers
196A Unlawful possession of ballot paper
197 Interfering with or influencing voters
198 Power to remove statements, names, emblems, slogans, or logos
199A Publishing false statements to influence voters
200 Erasing and altering official mark on ballot paper
201 Offences in respect of ballot papers and ballot boxes
202 Property to be stated as being in Returning Officer
204 Infringement of secrecy constitutes corrupt practice
Subpart 1—General rules governing election advertisements
204B Persons who may promote election advertisements
204C Apportionment of advertising expenses for publication of election advertisement promoted by unregistered promoter both before and during regulated period
204D Offence to avoid limit set out in section 204B(1)(d)
204E Obligation to retain records necessary to verify promoter's advertising expenses
204F Election advertisement to include promoter statement
204G Publication of candidate advertisement promoting candidate
204H Publication of party advertisement promoting party
204I Electoral Commission to provide advice on application of definition of election advertisement
204J Duty of Electoral Commission to report suspected offences
Subpart 2—Registered promoters
204K Promoters eligible to be registered
204L Application for registration
204M Grounds on which application for registration must be refused
204N Electoral Commission's decision on application
204O Obligation to notify Electoral Commission of change in contact details
204P Cancellation of registration
204R Establishment of register
204X When search constitutes interference with privacy of individual
Part 6A
Election expenses and donations
Subpart 1—Election expenses of candidates
205 Interpretation and application
205A Persons who may incur election expenses in relation to candidate advertisement
205B Offence to incur unauthorised election expense
205C Maximum amount of candidate's total election expenses
205D Apportionment of advertising expenses for publication of candidate advertisement both before and during regulated period
205E Apportionment of election expenses of election advertisement between candidates
205EA Apportionment of election expenses of election advertisement between candidate and party
205F Offence to pay election expenses in excess of prescribed maximum
205G Periods for claiming and paying candidate's election expenses
205H Procedure if claim disputed
205I Leave to pay claim after time limitation
205J Invoice and receipt required for election expenses of $50 or more
205K Return of candidate's election expenses
205M Return may be filed after time limitation if candidate outside New Zealand
205N Offences relating to return of candidate's election expenses
205O Obligation to retain records necessary to verify return of candidate's election expenses
205P Duty of Electoral Commission
205Q Return of candidate's election expenses to be sent by Chief Electoral Officer to Electoral Commission [Repealed]
205R Return of candidate's election expenses to be publicly available
205S Unlawful use of public money not validated
Subpart 2—Election expenses of parties
206A Persons who may incur election expenses in relation to party advertisement
206B Offence to incur unauthorised election expense
206C Maximum amount of party's total election expenses
206CA Apportionment of advertising expenses for publication of party advertisement both before and during regulated period
206CB Apportionment of election expenses of election advertisement between parties
206CC Apportionment of election expenses of election advertisement between party and candidate
206D Offence to pay election expenses in excess of prescribed maximum
206E Periods for claiming and paying party's election expenses
206F Procedure if claim disputed
206G Leave to pay claim after time limitation
206H Invoice and receipt required for election expenses of $100 or more
206I Return of party's election expenses
206J Appointment of auditor for party
206K Persons eligible to be appointed as auditor
206L Auditor's report on return of party's election expenses
206N Offences relating to return of party's election expenses
206O Obligation to retain records necessary to verify return of party's election expenses
206P Duty of Electoral Commission
206Q Return of party's election expenses to be publicly available
206R Unlawful use of public money not validated
Subpart 2A—Election expenses of registered promoters
206T Persons who may incur election expenses in relation to election advertisement promoted by registered promoter
206U Offence to incur unauthorised election expense
206V Maximum amount of registered promoter's total election expenses
206W Apportionment of advertising expenses for publication of election advertisement promoted by registered promoter both before and during regulated period
206X Offence to pay election expenses in excess of prescribed maximum
206Y Periods for claiming and paying registered promoter's election expenses
206Z Procedure if claim disputed
206ZA Leave to pay claim after time limitation
206ZB Invoice and receipt required for election expenses of $50 or more
206ZC Return of registered promoter's election expenses
206ZD Electoral Commission may require auditor's report on return of registered promoter's election expenses
206ZE Offences relating to return of registered promoter's election expenses
206ZF Obligation to retain records necessary to verify return of registered promoter's election expenses
206ZG Duty of Electoral Commission
206ZH Return of registered promoter's election expenses to be publicly available
Subpart 3—General provisions relating to donations
207A Donations and contributions include GST
207B Donations to be transmitted to candidate or party secretary
207C Contributors to be identified
207D Offence relating to contravention of section 207C
207E Identity of donor to be disclosed by transmitter, if known
207F Offence relating to contravention of section 207E
207G Disclosure of identity of donor
207H Offence relating to contravention of section 207G
207I Anonymous donation may not exceed $1,500
207J Offence relating to contravention of section 207I
207K Overseas donation or contribution may not exceed $1,500
207L Offence relating to contravention of section 207K
207LA Offence relating to splitting party donation or contribution to party donation
207M Records of candidate donations
207N Records of party donations
207O Duty of Electoral Commission in relation to donations
207P Duty of Electoral Commission in relation to donations [Repealed]
Subpart 4—Donations protected from disclosure
208A Method of making donation protected from disclosure
208B Limit on maximum amount of donations protected from disclosure
208C Duty of Electoral Commission to provide advice on actual figures under section 208B
208D Duties of Electoral Commission on receipt of donation
208E Timing of payment to parties
208F Offence of prohibited disclosure
208G Duty of Electoral Commission to report
Subpart 5—Disclosure of candidates' donations
209 Return of candidate donations
209B Offences relating to return of candidate donations
209C Obligation to retain records necessary to verify return of candidate donations
209D Return of candidate donations to be sent by Chief Electoral Officer to Electoral Commission [Repealed]
209E Return of candidate donations to be publicly available
Subpart 6—Disclosure of parties' donations
210 Annual return of party donations
210A Auditor's report on annual return of party donations
210C Return of party donation received from same donor exceeding $30,000
210D Offences relating to return of party donations
210E Obligation to retain records necessary to verify return of party donations
210F Return of party donations to be publicly available
211 Return to be available for public inspection [Repealed]
212 Transmission of copy of return to Chief Electoral Officer and Electoral Commission [Repealed]
213 Maximum amount of election expenses [Repealed]
214 Apportionment of election expenses [Repealed]
[Repealed]
214A Advertisements for party lists [Repealed]
Political parties’ election expenses
[Repealed]
214B Maximum amount of parties’ election expenses [Repealed]
214BA Periods for claiming and paying expenses [Repealed]
214BB Procedure if claim disputed [Repealed]
214BC Leave to pay claim after time limited [Repealed]
214BD Payments to be vouched by bill [Repealed]
214C Return of election expenses [Repealed]
214D Appointment of auditors [Repealed]
214E Auditor’s report [Repealed]
Disclosure of donations to political parties
[Repealed]
214F Interpretation [Repealed]
214G Return of party donations [Repealed]
214H Auditor’s report [Repealed]
214I Duties of Electoral Commission [Repealed]
214J Inspection of returns and audit reports [Repealed]
General provisions relating to returns
[Repealed]
214K Obligation to file nil returns [Repealed]
214L Obligation to retain records necessary to verify returns [Repealed]
Part 7
Corrupt and illegal practices
219 Payments for exhibition of election notices
220 Providing money for illegal purposes
221 Advertisements for candidates and political parties [Repealed]
221B Display of advertisement of a specified kind
222 Procurement of voting by unqualified voters
224 Punishment for corrupt or illegal practice
225 Persons charged with corrupt practice may be found guilty of illegal practice
226 Time limit for prosecutions
226A Power to issue search warrants in respect of illegal practice [Repealed]
227 Punishment for disqualified person voting
228 Reversal of disqualification procured through perjury
229 Method of questioning election
230 Election petitions to High Court
231 Time for presentation of election petition
233 More than 1 petition relating to same election
237 Avoidance of election of candidate guilty of corrupt practice
238 Avoidance of election for general corruption
239 Votes to be struck off for corrupt practices
240 Real justice to be observed
241 Irregularities not to invalidate election
242 Decision of court to be final
243 Certificate of court as to result of election
244 Report of court as to corrupt or illegal practices
246 Signature and effect of certificate and report
247 Summons and examination of witnesses
248 Certificate of indemnity to witness
251 Costs payable by persons proved guilty of corrupt or illegal practices
Withdrawal and abatement of petitions
253 Substitution of new petitioner
256 Withdrawal and substitution of respondents before trial
257 Submission of report to Attorney-General
258 Electoral petitions to Court of Appeal
259 Time for presentation of an election petition to Court of Appeal
260 Matters excluded from challenge
262 Certificate of court as to result of petitions
Part 9
Miscellaneous provisions
263A Disclosure of immigration information for matching purposes
263B Disclosure of personal information for enrolment purposes
264 Review by select committee
265 Registrars of Electors exempt from court fees
266 Validation of irregularities
266A Expenditure limits to be adjusted each year by Order in Council
267A Regulations relating to advertisement of a specified kind
267B Requirements before Minister can recommend that regulations be made
268 Restriction on amendment or repeal of certain provisions
269 Membership of Representation Commission
270 Electoral districts, electoral rolls, general elections, and by-elections
Amendment to Constitution Act 1986
Amendment to Civil List Act 1979
272 Questioned elections of members of Parliament
Amendment to Remuneration Authority Act 1977
273 Officers whose remuneration is to be determined by Remuneration Authority
Amendments to Local Elections and Polls Act 1976
[Repealed]
274 Residential electoral roll [Repealed]
275 Supply of information by Chief Registrar of Electors [Repealed]
276 Application for registration as parliamentary elector [Repealed]
277 Completion of roll [Repealed]
278 Amendments to roll [Repealed]
279 Roll for by-election or poll [Repealed]
280 Special voters [Repealed]
281 Election to fill extraordinary vacancy in local authority [Repealed]
Amendment to Ombudsmen Act 1975
[Repealed]
282 Organisations to which Ombudsmen Act 1975 applies [Repealed]
Amendments to Public Finance Act 1989
[Repealed]
283 Crown entities [Repealed]
Schedule 1
Provisions relating to Electoral Commission
Electoral (Administration) Amendment Act 2010
Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010
Electoral (Finance Reform and Advance Voting) Amendment Act 2010
An Act to reform the electoral system and to provide, in particular, if the proposal for the introduction of the mixed member proportional system is carried at the referendum held under the Electoral Referendum Act 1993,—
(a) for the introduction of the mixed member proportional system of representation in relation to the House of Representatives:
(b) for the establishment of an Electoral Commission:
(c) for the repeal of the Electoral Act 1956
