Part 5 Registration of electors

72 Rules for determining place of residence within New Zealand

(1)

Subject to the provisions of this section, the place where a person resides within New Zealand at any material time or during any material period shall be determined for the purposes of this Act by reference to the facts of the case.

(2)

For the purposes of this Act, a person can reside in one place only.

(3)

A person resides at the place where that person chooses to make his or her home by reason of family or personal relations, or for other domestic or personal reasons.

(4)

Where the property on which a person’s home is located is divided between 2 or more electoral districts, that person shall,—

(a)

if his or her dwelling is located wholly within one of those electoral districts, be deemed to reside in that electoral district; or

(b)

in any other case, be deemed to reside in the electoral district in which is located—

(i)

the front door or other main entrance of his or her dwelling; or

(ii)

where his or her dwelling is an apartment, the front door or other main entrance of the building in which the apartment is situated.

(5)

A person who is detained in any prison or hospital by virtue of any enactment shall not, by reason only of that detention, be treated for the purpose of subsection (3) as residing there.

(6)

The place where, for the purposes of this Act, a person resides shall not change by reason only of the fact that the person—

(a)

is occasionally or temporarily absent from that place; or

(b)

is absent from that place for any period because of his or her service or that of his or her spouse, civil union partner, or de facto partner as a member of Parliament; or

(c)

is absent from that place for any period because of his or her occupation or employment or that of his or her spouse, civil union partner, or de facto partner; or

(d)

is absent from that place for any period because he or she, or his or her spouse, civil union partner, or de facto partner, is a student,—

even if such absence involves occasional or regular residence at another place or other places.

(7)

Except as provided in subsection (8), a person who has permanently left his or her former home shall be deemed not to reside at that place, notwithstanding that his or her home for the time being is temporary only.

(8)

A New Zealand citizen who is outside New Zealand shall be deemed to reside where he or she had his or her last home in New Zealand; but nothing in this subsection shall affect the application of section 80(1)(a) for the purpose of determining the qualification of any person for registration as an elector.

(9)

Notwithstanding anything in this section, a person who is residing on, or has resided on, Campbell Island or Raoul Island and who, before residing on Campbell Island or Raoul Island resided in some other part of New Zealand, shall be deemed to reside, or to have resided, throughout that period of residence on Campbell Island or Raoul Island, in the place in New Zealand where that person had his or her last home before beginning residence on Campbell Island or Raoul Island.

(10)

In the case of a person who is appointed to be a member of the Executive Council, or who is the spouse, civil union partner, or de facto partner of any person so appointed, the following provisions shall apply notwithstanding anything to the contrary in this section, namely,—

(a)

so long as he or she holds that office he or she shall be deemed to continue to reside at the place of residence in respect of which he or she was registered as an elector of an electoral district (in this subsection referred to as the original district), notwithstanding his or her absence therefrom at the seat of Government or otherwise, unless and until he or she duly applies for registration as an elector of another electoral district of which he or she is, apart from the provisions of this paragraph, qualified to be an elector:

(b)

upon being registered as an elector of the other district pursuant to an application as aforesaid, the applicant shall cease to be entitled to continue to be registered under this subsection as an elector of the original district.

(11)

A person whose home is on any ship, boat, or vessel permanently located in any harbour shall be deemed to reside in the electoral district in which the wharf or landing place or the main wharf or landing place in the harbour is situated. If any question arises under this subsection as to the district in which the wharf or landing place or main wharf or landing place in any harbour is situated, it shall be determined by the Representation Commission.

Compare: 1956 No 107 s 37; 1989 No 31 s 2; 1990 No 1 s 7

Section 72(5): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 72(6)(b): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 72(6)(c): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 72(6)(d): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 72(10): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).