Reprint as at 1 July 2015

Coat of Arms of New Zealand

Electoral Act 1993

Public Act
 
1993 No 87
Date of assent
 
17 August 1993
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

Contents

Title
1Short Title
2Commencement
3Interpretation
3AMeaning of election advertisement
3BMeaning of regulated period
3CElectoral Commission to publish details relating to regulated period
3DMeaning of publish
3EMeaning of advertising expenses
3FApplication of Act to conduct outside New Zealand
4Electoral Commission [Repealed]
4ACrown Entities Act 2004 to apply [Repealed]
4BElectoral Commission
4CObjective
4DMembership of Electoral Commission
4EAppointment of Judge as member not to affect tenure, etc
4FResignation of member
4GPower to remove or suspend members
4HFilling of vacancy
4IDeputy Electoral Commissioners
4JProceedings of Electoral Commission
5Functions
6Powers of Electoral Commission
7Independence
8Electoral Commission must report on general election
9Electoral Commission may delegate functions or powers to electoral officials engaged by Commission
9AOwnership of intellectual property developed by delegates of functions or powers
10Term of office [Repealed]
11Vacation of office of additional members who hold office for purposes of jurisdiction under Part 6 of Broadcasting Act 1989 [Repealed]
11AAppointment of deputies [Repealed]
11BStatus of deputies [Repealed]
11CProtection from civil liability [Repealed]
12Delegation of Commission’s powers [Repealed]
13Procedure [Repealed]
14Proceedings of Electoral Commission [Repealed]
15Annual report [Repealed]
16Clerk of the Writs [Repealed]
17Deputy Clerk of the Writs [Repealed]
18Chief Electoral Officer [Repealed]
19Deputy Chief Electoral Officer [Repealed]
20Electoral officials [Repealed]
20AElectoral officials under direction of Electoral Commission
20BDesignation of Returning Officers
20CReturning Officers may delegate functions, duties, or powers
20CAPowers of delegate
20CBEffect of delegation on Returning Officer
20CCRevocation of delegations
20DState sector agencies to assist with administration of elections
21Chief Registrar of Electors [Repealed]
22Registrar of Electors
23Appropriation of expenses of New Zealand Post Limited [Repealed]
24Employees appointed by Chief Electoral Officer [Repealed]
25General provision as to Returning Officers
26Returning Officer to make declaration
27Members of Parliament
28Representation Commission
29Term of office
30Extraordinary vacancies
31Remuneration and travelling allowances
32Deputies of appointed members
33Deputies of ex officio members
34Submissions
35Division of New Zealand into General electoral districts
36Allowance for adjustment of quota
37Classification of electoral districts for purposes of pay or allowances
38Notice of proposed boundaries and classification
39Communications to officials
40Report of Commission
41Report and maps to be laid before House of Representatives
42Indexes of streets and places
43Proceedings of Commission
44Commissioner not eligible as member of House of Representatives
45Maori representation
46Electoral districts for and polling in Chatham Islands
47Registered electors may be members, unless disqualified
47ACertain persons disqualified from candidacy
48Offence for public servant or Returning Officer to sit
49Candidate not disqualified if name removed from roll without cause
50Effect of registration on wrong roll
51Member ceasing to be elector
52Candidacy and election of State servants
53Members disqualified from being State servants
54Term of office of member of Parliament
55How vacancies created
55AADual or multiple citizenship permissible in certain circumstances
55AMember ceasing to be parliamentary member of political party [Expired]
55BNotice from member [Expired]
55CNotice from parliamentary leader of party [Expired]
55DForm of statement to be made by parliamentary leader [Expired]
55EDefinitions [Expired]
56Member becoming mentally disordered
57Registrar of court to notify cause of vacancy in certain cases
58Registrar of Births and Deaths to notify Speaker of death of member
59No person to be candidate for more than 1 district or on more than 1 list
60Who may vote
61Special voters
62Register of Political Parties
63Application for registration
63AApplication fee
64Times when registration prohibited
65Parties with certain names not to be registered
65ACertain logos not to be registered [Repealed]
66Other grounds on which registration may be refused
67Registration
67ARegistration of party logos [Repealed]
68Inspection of Register
68AInspection of party logos [Repealed]
69Changes to Register of Political Parties
69AChanges to party logos [Repealed]
70Cancellation of registration
70ACancellation of registration of party logo [Repealed]
71Requirement for registered parties to follow democratic procedures in candidate selection
71AObligation to provide annual declaration regarding party
71BObligation to provide copy of party membership rules and candidate selection rules
71CApplication for registration of party logo
71DGrounds on which registration refused
71ETimes when registration of party logos prohibited
71FRegistration of party logos
71GInspection of party logos
71HChanges to party logos
71ICancellation of registration of party logo
72Rules for determining place of residence within New Zealand
73Meaning of permanent resident of New Zealand
74Qualification of electors
75Registration in respect of more than 1 electoral district
76Maori option
77Periodic exercise of Maori option and determination of Maori population
78Exercise of Maori option
79Restriction on transfer between General and Maori electoral rolls
80Disqualifications for registration
81Detention in prison pursuant to sentence of imprisonment
82Compulsory registration of electors
83Application for registration
83AProcedure following inquiry under section 83 [Repealed]
83BNo form of inquiry required if application for registration as elector received [Repealed]
83CElector who cannot be contacted to be included in dormant roll [Repealed]
83DTransfer of electors between electorates [Repealed]
84Registration of persons outside New Zealand
85Registration of persons who have physical or mental impairment
86Representatives
87Procedure if immigration status means applicant apparently not qualified to be registered
88Applications received after issue of writ
89Procedure following application for registration
89ANotice of registration
89BElector must give notice of change of place of residence within electoral district
89CElector must give notice of change of place of residence to different electoral district
89DInquiry to be made to update electoral rolls
89ENo inquiry required if application for registration as elector received
89FProcedure following inquiry under section 89D
89GElector who cannot be contacted to be included in dormant roll
[Repealed]
90Changes of address to be notified [Repealed]
91Effect of failure to notify change of address [Repealed]
92Notification of death of registered elector
93Notification of marriages and civil unions
94Notification of change of name
94AConfirmation of change of name, address, or other particulars
95Elector’s objection
95ANotice of elector’s objection
95BPower to remove name from roll
95CPower to retain name on roll
95DReference of elector’s objection to District Court
96Registrar’s objection
97Procedure on reference of application or objection to District Court
98Removal of names from roll by Registrar
99Notice of alterations to roll
100Corrupt Practices List
101Electoral rolls
102Maintenance of rolls being replaced
103Rolls where Parliament dissolved after change of boundaries and before new rolls completed
104Main roll to be printed
105Supplementary rolls to be printed
106Form of main roll and supplementary rolls
107Composite rolls
108Habitation indexes
109Dormant roll
110Public inspection of rolls, etc
111Inspection of rolls at hui
111AObjectives of sections 111B to 111F
111BInterpretation of terms in sections 111C to 111F
111CElectoral Commission may seek consent of Maori electors to supply of information to designated body
111DElectoral Commission may supply information to designated body
111EMinisters of Justice and Maori Affairs may designate body to receive information
111FDesignated body may supply information from register of iwi affiliations to iwi organisation and other Maori organisation
112Supply of information on age and Maori descent
113Supply of computer-compiled lists and electronic storage media to local authorities
114Supply of electoral information to candidates, political parties, and members of Parliament
114AGeneral provision concerning supply of information by Electoral Commission in electronic form
115Unpublished names
116Offences relating to use of electoral information
117Offences in respect of manipulating or processing electoral information
117AOffence relating to misuse of electoral information supplied under section 111D
118False statements
119Wilfully misleading Registrar
120Duty to report suspected offences
121Failure to deliver application
122Assistance to be given to Registrar
123Copies of rolls for Returning Officer
124Power to destroy records
125Writ for general election
126Writs for general election [Repealed]
127Election of list candidates
127ADeposit by party secretary
128Acceptance or rejection of lists by Electoral Commission
128ANotice of change in component parties
128BElectoral Commission must record and notify change in component parties
128CWithdrawal of list of candidates
129By-elections for members representing electoral districts
130When Governor-General to act for Speaker [Repealed]
131Power to resolve in certain cases that by-election not be held
132Writ for by-election [Repealed]
133No writ to issue pending election petition
134Supply of vacancy of seat of member elected from party list
135When Governor-General to act for Speaker [Repealed]
136Power to resolve in certain cases not to supply vacancy
137Method of supplying vacancy
138Filing of return
139Contents of writ
140Chief Registrar to be notified of writ [Repealed]
141Returning Officer to be notified of writ
142Returning Officer to give public notice of polling day, nomination day, and nomination process
143Nominations of candidates for electoral districts
144Deposit by candidate
145Acceptance or rejection of nomination
146Withdrawal of nomination
146APurpose of sections 146B to 146L
146BNotice of intention to lodge bulk nomination
146CEffect of notification of intention to lodge bulk nomination on nominations under section 143
146DBulk nomination of constituency candidates
146EBulk nomination schedule
146FDeposit payable in respect of bulk nomination schedule
146GAcceptance or rejection of bulk nomination schedule or nomination of candidate
146HAmendment of bulk nomination schedule
146IWithdrawal of bulk nomination schedule
146JWithdrawal of nomination in bulk nomination schedule
146KReplacement nomination if earlier nomination withdrawn or lapses
146LInspection of bulk nomination schedules and consents to nomination
147Advertisement of nomination and polling places
148Procedure where election not contested
149Poll to be taken
150Form of ballot papers
151Name of political party for constituency candidates
151AInterpretation
152Death before close of nominations
152AIncapacity of candidate before close of nominations
152BProcedural provisions relating to making of application under section 152A(1)
152CHow application under section 152A to be dealt with
153Death or incapacity of list candidate after submission of list
153ADeath or incapacity of constituency candidate after close of nominations and before polling day
153BDeath or incapacity of constituency candidate on polling day
153CDeath or incapacity of successful constituency candidate after close of poll and before declaration of result
153DApplication of equality of votes provisions if constituency candidate dies or becomes incapacitated after close of poll
153ENew election to be held if writ vacated
153FDestruction of ballot papers if by-election interrupted
153GApplication for cancellation of nomination if candidate incapacitated after close of nominations
153HHow application under section 153G to be dealt with
154Use of public schoolrooms for election meetings
155Power to appoint polling places
156Use of public schools as polling places
157Materials for polling places
158Appointment of polling place officials
158APolling place officials under direction of Electoral Commission and Returning Officer
159Exercise of powers and duties of polling place officials
159AInterpreters
160Scrutineers
161Hours of polling
162Employees to have time off to vote
163Ballot box to remain closed during poll
164Persons not to remain in polling places
165Voters not to be communicated with in polling place
166Questions may be put to voters
167Issue of ordinary ballot papers
168Method of voting
169Spoilt ballot papers
170Blind, disabled, or illiterate voters
171Procedure when second vote given in same name
172Voting by special voters
173Voting by special voters on Tokelau, Campbell Island, and Raoul Island, in Ross Dependency, and on fishing vessels [Repealed]
173ASpecial voting by facsimile [Repealed]
174Preliminary count of votes cast in polling place
174ABallot papers, etc, to be compiled, certified, and sent to Returning Officer
174BNo preliminary count if fewer than 6 ordinary ballot papers issued
174CPreliminary count of early votes
174DConditions for counting early votes before close of poll
174EMaintenance of secrecy of count of early votes
174FScrutineers for count of early votes
174GOffences in relation to count of early votes conducted before close of poll
175Scrutiny of the rolls
176Marked copies of rolls to be compared
177Parcels to be secured after scrutiny
178Counting the votes
179Declaration of result of poll
180Application to District Court Judge for recount
181Application by political party for recount in every electoral district
182Ability to combine recounts
183Scrutineers for recounts and allocation of list seats
184Ballot papers and certificate to be compared on recount
185Endorsement and return of writ
186Electoral Commission may correct writ
187Disposal of ballot papers, rolls, etc
188Annotation of list of special voters
189Disposal of packets
190Papers taken from parcels as evidence in certain cases
191Election of other members
192Determination of party eligibility for list seats
193Selection of candidates
193AElectoral Commission may correct list of members elected
194Manager of polling place to maintain order
195Adjournment of poll
196Obligation of persons in possession of ballot papers
196AUnlawful possession of ballot paper
197Interfering with or influencing voters
198Power to remove statements, names, emblems, slogans, or logos
199Recovery of expenses
199APublishing false statements to influence voters
200Erasing and altering official mark on ballot paper
201Offences in respect of ballot papers and ballot boxes
202Property to be stated as being in Returning Officer
203Infringement of secrecy
204Infringement of secrecy constitutes corrupt practice
204AInterpretation
204BPersons who may promote election advertisements
204CApportionment of advertising expenses for publication of election advertisement promoted by unregistered promoter both before and during regulated period
204DOffence to avoid limit set out in section 204B(1)(d)
204EObligation to retain records necessary to verify promoter’s advertising expenses
204FElection advertisement to include promoter statement
204GPublication of candidate advertisement promoting candidate
204HPublication of party advertisement promoting party
204IElectoral Commission to provide advice on application of definition of election advertisement
204JDuty of Electoral Commission to report suspected offences
204KPromoters eligible to be registered
204LApplication for registration
204MGrounds on which application for registration must be refused
204NElectoral Commission’s decision on application
204OObligation to notify Electoral Commission of change in contact details
204PCancellation of registration
204QExpiry of registration
204REstablishment of register
204SPurposes of register
204TForm of register
204UAlterations to register
204VRegister to be public
204WSearch of register
204XWhen search constitutes interference with privacy of individual
205Interpretation and application
205APersons who may incur election expenses in relation to candidate advertisement
205BOffence to incur unauthorised election expense
205CMaximum amount of candidate’s total election expenses
205DApportionment of advertising expenses for publication of candidate advertisement both before and during regulated period
205EApportionment of election expenses of election advertisement between candidates
205EAApportionment of election expenses of election advertisement between candidate and party
205FOffence to pay election expenses in excess of prescribed maximum
205GPeriods for claiming and paying candidate’s election expenses
205HProcedure if claim disputed
205ILeave to pay claim after time limitation
205JInvoice and receipt required for election expenses of $50 or more
205KReturn of candidate’s election expenses
205LNil return
205MReturn may be filed after time limitation if candidate outside New Zealand
205NOffences relating to return of candidate’s election expenses
205OObligation to retain records necessary to verify return of candidate’s election expenses
205PDuty of Electoral Commission
205QReturn of candidate’s election expenses to be sent by Chief Electoral Officer to Electoral Commission [Repealed]
205RReturn of candidate’s election expenses to be publicly available
205SUnlawful use of public money not validated
206Interpretation
206APersons who may incur election expenses in relation to party advertisement
206BOffence to incur unauthorised election expense
206CMaximum amount of party’s total election expenses
206CAApportionment of advertising expenses for publication of party advertisement both before and during regulated period
206CBApportionment of election expenses of election advertisement between parties
206CCApportionment of election expenses of election advertisement between party and candidate
206DOffence to pay election expenses in excess of prescribed maximum
206EPeriods for claiming and paying party’s election expenses
206FProcedure if claim disputed
206GLeave to pay claim after time limitation
206HInvoice and receipt required for election expenses of $100 or more
206IReturn of party’s election expenses
206JAppointment of auditor for party
206KPersons eligible to be appointed as auditor
206LAuditor’s report on return of party’s election expenses
206MNil return
206NOffences relating to return of party’s election expenses
206OObligation to retain records necessary to verify return of party’s election expenses
206PDuty of Electoral Commission
206QReturn of party’s election expenses to be publicly available
206RUnlawful use of public money not validated
206SInterpretation
206TPersons who may incur election expenses in relation to election advertisement promoted by registered promoter
206UOffence to incur unauthorised election expense
206VMaximum amount of registered promoter’s total election expenses
206WApportionment of advertising expenses for publication of election advertisement promoted by registered promoter both before and during regulated period
206XOffence to pay election expenses in excess of prescribed maximum
206YPeriods for claiming and paying registered promoter’s election expenses
206ZProcedure if claim disputed
206ZALeave to pay claim after time limitation
206ZBInvoice and receipt required for election expenses of $50 or more
206ZCReturn of registered promoter’s election expenses
206ZDElectoral Commission may require auditor’s report on return of registered promoter’s election expenses
206ZEOffences relating to return of registered promoter’s election expenses
206ZFObligation to retain records necessary to verify return of registered promoter’s election expenses
206ZGDuty of Electoral Commission
206ZHReturn of registered promoter’s election expenses to be publicly available
207Interpretation
207ADonations and contributions include GST
207BDonations to be transmitted to candidate or party secretary
207CContributors to be identified
207DOffence relating to contravention of section 207C
207EIdentity of donor to be disclosed by transmitter, if known
207FOffence relating to contravention of section 207E
207GDisclosure of identity of donor
207HOffence relating to contravention of section 207G
207IAnonymous donation may not exceed $1,500
207JOffence relating to contravention of section 207I
207KOverseas donation or contribution may not exceed $1,500
207LOffence relating to contravention of section 207K
207LAOffence relating to splitting party donation or contribution to party donation
207MRecords of candidate donations
207NRecords of party donations
207ODuty of Electoral Commission in relation to donations
207PDuty of Electoral Commission in relation to donations [Repealed]
208Interpretation
208AMethod of making donation protected from disclosure
208BLimit on maximum amount of donations protected from disclosure
208CDuty of Electoral Commission to provide advice on actual figures under section 208B
208DDuties of Electoral Commission on receipt of donation
208ETiming of payment to parties
208FOffence of prohibited disclosure
208GDuty of Electoral Commission to report
209Return of candidate donations
209ANil return
209BOffences relating to return of candidate donations
209CObligation to retain records necessary to verify return of candidate donations
209DReturn of candidate donations to be sent by Chief Electoral Officer to Electoral Commission [Repealed]
209EReturn of candidate donations to be publicly available
210Annual return of party donations
210AAuditor’s report on annual return of party donations
210BNil return
210CReturn of party donation received from same donor exceeding $30,000
210DOffences relating to return of party donations
210EObligation to retain records necessary to verify return of party donations
210FReturn of party donations to be publicly available
211Application of this Part
212Interpretation
213Party secretary may enter into loan on behalf of party
214Offence to enter into unauthorised loan
214AOffence to enter into arrangement to circumvent section 213, 214C, or 214F
214BRecords of loans
214BAPeriods for claiming and paying expenses [Repealed]
214BBProcedure if claim disputed [Repealed]
214BCLeave to pay claim after time limited [Repealed]
214BDPayments to be vouched by bill [Repealed]
214CAnnual return of loans
214DAuditor’s report on annual return of loans
214ENil return
214FReturn of loan provided by same lender exceeding $30,000
214GOffences relating to return of party loans
214HDuty of Electoral Commission
214IObligation to retain records necessary to verify return of party loans
214JReturn of party loans to be publicly available
214KObligation to file nil returns [Repealed]
214LObligation to retain records necessary to verify returns [Repealed]
215Personation
216Bribery
217Treating
218Undue influence
219Payments for exhibition of election notices
220Providing money for illegal purposes
221Advertisements for candidates and political parties [Repealed]
221AElectoral advertisements
221BDisplay of advertisement of a specified kind
222Procurement of voting by unqualified voters
223Cinematograph films
224Punishment for corrupt or illegal practice
225Persons charged with corrupt practice may be found guilty of illegal practice
226Time limit for prosecutions
226APower to issue search warrants in respect of illegal practice [Repealed]
227Punishment for disqualified person voting
228Reversal of disqualification procured through perjury
229Method of questioning election
230Election petitions to High Court
231Time for presentation of election petition
232Security for costs
233More than 1 petition relating to same election
234Rules of court
235Court and place of trial
236Trial of petition
237Avoidance of election of candidate guilty of corrupt practice
238Avoidance of election for general corruption
239Votes to be struck off for corrupt practices
240Real justice to be observed
241Irregularities not to invalidate election
242Decision of court to be final
243Certificate of court as to result of election
243AOrders to be made by court after determination under section 243 if list seats allocated
244Report of court as to corrupt or illegal practices
245Special report
246Signature and effect of certificate and report
247Summons and examination of witnesses
248Certificate of indemnity to witness
249Expenses of witnesses
250Costs of petition
251Costs payable by persons proved guilty of corrupt or illegal practices
252Withdrawal of petition
253Substitution of new petitioner
254Report on withdrawal
255Abatement of petition
256Withdrawal and substitution of respondents before trial
257Submission of report to Attorney-General
258Electoral petitions to Court of Appeal
259Time for presentation of an election petition to Court of Appeal
260Matters excluded from challenge
261Provisions applied
262Certificate of court as to result of petitions
263Service of notices
263ADisclosure of immigration information for matching purposes
263BDisclosure of personal information for enrolment purposes
264Review by select committee
265Registrars of Electors exempt from court fees
266Validation of irregularities
266AExpenditure limits to be adjusted each year by Order in Council
267Regulations
267ARegulations relating to advertisement of a specified kind
267BRequirements before Minister can recommend that regulations be made
268Restriction on amendment or repeal of certain provisions
269Membership of Representation Commission
270Electoral districts, electoral rolls, general elections, and by-elections
271Term of Parliament
272Questioned elections of members of Parliament
273Officers whose remuneration is to be determined by Remuneration Authority
[Repealed]
274Residential electoral roll [Repealed]
275Supply of information by Chief Registrar of Electors [Repealed]
276Application for registration as parliamentary elector [Repealed]
277Completion of roll [Repealed]
278Amendments to roll [Repealed]
279Roll for by-election or poll [Repealed]
280Special voters [Repealed]
281Election to fill extraordinary vacancy in local authority [Repealed]
[Repealed]
282Organisations to which Ombudsmen Act 1975 applies [Repealed]
[Repealed]
283Crown entities [Repealed]
284Repeals
Reprint notes

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