1 Short Title

2 Commencement

3 Interpretation

4 Electoral Commission

4A Crown Entities Act 2004 to apply

5 Functions

6 Powers

7 Independence

8 Membership

9 Appointment of Judge as member not to affect tenure, etc

10 Term of office [Repealed]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of office of additional members who hold office for purposes of jurisdiction under Part 6 of Broadcasting Act 1989 [Repealed]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

11B Status of deputies

11C Protection from civil liability [Repealed]

12 Delegation of Commission’s powers [Repealed]

13 Procedure [Repealed]

14 Proceedings of Electoral Commission

15 Annual report [Repealed]

16 Clerk of the Writs [Repealed]

17 Deputy Clerk of the Writs [Repealed]

18 Chief Electoral Officer

19 Deputy Chief Electoral Officer

20 Electoral officials

20A Electoral officials under direction of Chief Electoral Officer

20B Designation of Returning Officers

20C Chief Electoral Officer and Returning Officers may delegate powers

20D State sector agencies to assist with administration of elections

21 Chief Registrar of Electors

22 Registrar of Electors

23 Appropriation of expenses of New Zealand Post Limited

24 Employees appointed by Chief Electoral Officer

25 General provision as to Returning Officers

26 Returning Officer to make declaration

27 Members of Parliament

28 Representation Commission

29 Term of office

30 Extraordinary vacancies

31 Remuneration and travelling allowances

32 Deputies of appointed members

33 Deputies of ex officio members

34 Submissions

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

40 Report of Commission

41 Report and maps to be laid before House of Representatives

42 Indexes of streets and places

43 Proceedings of Commission

44 Commissioner not eligible as member of House of Representatives

45 Maori representation

46 Electoral districts for and polling in Chatham Islands

47 Registered electors may be members, unless disqualified

48 Offence for public servant to sit

49 Removal of name 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

54 Term of office of member of Parliament

55 How vacancies created

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

60 Who may vote

61 Special voters

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

67 Registration

67A Registration of party logos

68 Inspection of Register

68A Inspection of party logos

69 Changes to Register

69A Changes to 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

72 Rules for determining place of residence within New Zealand

73 Meaning of permanent resident of New Zealand

74 Qualification of electors

75 Registration in respect of more than 1 electoral district

76 Maori option

77 Periodic exercise of Maori option and determination of Maori population

78 Exercise of Maori option

79 Restriction on transfer between General and Maori electoral rolls

80 Disqualifications for registration

81 Detention in prison pursuant to conviction

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

88 Applications received after issue of writ

89 Notice of registration

90 Changes of address to be notified

91 Effect of failure to notify change of address

92 Notification of death of registered elector

93 Notification of marriages

94 Notification of change of name

94A Confirmation of change of name, address, or other particulars

95 Elector’s objection

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

96 Registrar’s objection

97 Procedure on reference of application or objection to District Court

98 Removal of names from roll by Registrar

99 Notice of alterations to roll

100 Corrupt Practices List

101 Electoral rolls

102 Maintenance of rolls being replaced

103 Rolls where Parliament dissolved after change of boundaries and before new rolls completed

104 Main roll to be printed

105 Supplementary rolls to be printed

106 Form of main roll and supplementary rolls

107 Composite rolls

108 Habitation indexes

109 Dormant roll

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

115 Unpublished names

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

124 Power to destroy records

125 Writ for general election

126 Writs for general election [Repealed]

127 Election of list candidates

127A Deposit by party secretary

128 Acceptance or rejection of lists by Chief Electoral Officer

128A Notice of change in component parties

128B Supply of particulars of component parties to Electoral Commission

128C Withdrawal of list of candidates

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

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

138 Filing of return

139 Contents of writ

140 Chief Registrar and Electoral Commission 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

144 Deposit by candidate

145 Acceptance or rejection of nomination

146 Withdrawal of nomination

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

146E Bulk nomination schedule

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

149 Poll to be taken

150 Form of ballot papers

151 Name of political party for constituency candidates

151A Interpretation

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 Chief Electoral Officer and Returning Officer

159 Exercise of powers and duties of polling place officials

159A Interpreters

160 Scrutineers

161 Hours of polling

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

168 Method of voting

169 Spoilt ballot papers

170 Blind, disabled, or illiterate voters

171 Procedure when second vote given in same name

172 Voting by special voters

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

175 Scrutiny of the rolls

176 Marked copies of rolls to be compared

177 Parcels to be secured after scrutiny

178 Counting the votes

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 Chief Electoral Officer may correct writ

187 Disposal of ballot papers, rolls, etc

188 Annotation of list of special voters

189 Disposal of packets

190 Papers taken from parcels as evidence in certain cases

191 Election of other members

192 Determination of party eligibility for list seats

193 Selection of candidates

193A Chief Electoral Officer may correct list of members elected

194 Manager of polling place to maintain order

195 Adjournment of poll

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

199 Recovery of expenses

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

203 Infringement of secrecy

204 Infringement of secrecy constitutes corrupt practice

205 Meaning of election activity

205A Meaning of election expenses

205B Maximum amounts of candidate's election expenses

205C Apportionment of election expenses for activity that takes place before and within 3 months immediately preceding polling day

205D Apportionment of election expenses between candidates

205E Advertisements for party lists

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

205L Nil return

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 Chief Electoral Officer

205Q Return of candidate's election expenses to be sent by Chief Electoral Officer to Electoral Commission

205R Return of candidate's election expenses to be publicly available

205S Unlawful use of public money not validated

206 Meaning of election activity

206A Meaning of election expenses

206B Maximum amounts of party's election expenses

206C Apportionment of election expenses for activity that takes place before and within 3 months immediately preceding polling day

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

206M Nil return

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

207 Interpretation

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 $1,000

207J Offence relating to contravention of section 207I

207K Overseas donation may not exceed $1,000

207L Offence relating to contravention of section 207K

207M Records of candidate donations

207N Records of party donations

207O Duty of Chief Electoral Officer in relation to donations

207P Duty of Electoral Commission in relation to donations

208 Interpretation

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

209 Return of candidate donations

209A Nil return

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

209E Return of candidate donations to be publicly available

210 Annual return of party donations

210A Auditor's report on annual return of party donations

210B Nil return

210C Return of party donation received from same donor exceeding $20,000

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]

214A Advertisements for party lists [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]

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]

214K Obligation to file nil returns [Repealed]

214L Obligation to retain records necessary to verify returns [Repealed]

215 Personation

216 Bribery

217 Treating

218 Undue influence

219 Payments for exhibition of election notices

220 Providing money for illegal purposes

221 Advertisements for candidates and political parties

221A Electoral advertisements

221B Display of advertisement of a specified kind

222 Procurement of voting by unqualified voters

223 Cinematograph films

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

232 Security for costs

233 More than 1 petition relating to same election

234 Rules of court

235 Court and place of trial

236 Trial of petition

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

245 Special report

246 Signature and effect of certificate and report

247 Summons and examination of witnesses

248 Certificate of indemnity to witness

249 Expenses of witnesses

250 Costs of petition

251 Costs payable by persons proved guilty of corrupt or illegal practices

252 Withdrawal of petition

253 Substitution of new petitioner

254 Report on withdrawal

255 Abatement of petition

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

261 Provisions applied

262 Certificate of court as to result of petitions

263 Service of notices

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

267 Regulations

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

271 Term of Parliament

272 Questioned elections of members of Parliament

273 Officers whose remuneration is to be determined by Remuneration Authority

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]

282 Organisations to which Ombudsmen Act 1975 applies [Repealed]

283 Crown entities [Repealed]

284 Repeals