78 Exercise of Maori option

(1)

A Maori who is registered as an elector on the first day of an option period may exercise once in that period the Maori option.

(2)

The Electoral Commission must send on the first day of an option period a notice in a form that the Electoral Commission has approved to—

(a)

every person registered as an elector of a Maori electoral district; and

(b)

every person registered as an elector of a General electoral district who has,—

(i)

in his or her application for registration as an elector, specified that he or she is a Maori; or

(ii)

in response to an inquiry under section 89D, notified the Electoral Commission that he or she is a Maori.

(3)

Subsection (4) applies to every Maori—

(a)

who receives a notice sent under subsection (2); and

(b)

who,—

(i)

being registered as an elector of a Maori electoral district, wishes to be registered as an elector of a General electoral district; or

(ii)

being registered as an elector of a General electoral district, wishes to be registered as an elector of a Maori electoral district.

(4)

A Maori to whom this subsection applies may exercise the Maori option by advising whether he or she wishes to be registered as an elector of—

(a)

a General electoral district; or

(b)

a Maori electoral district.

(5)

A Maori who wishes to exercise the Maori option under subsection (4) must advise the Electoral Commission as to which option he or she has chosen by—

(a)

indicating his or her choice on the notice received under subsection (2), adding his or her signature and the date, and then returning the notice to the Electoral Commission:

(b)

indicating his or her choice using an approved electronic medium:

(c)

completing an application for registration as an elector in accordance with section 83.

(6)

A Maori who is outside New Zealand, or who has a physical or mental impairment may exercise the Maori option through a representative, and section 86 applies with any necessary modifications.

(7)

[Repealed]

(8)

Advice received under subsection (5) is deemed to be an application for registration as an elector for the purposes of—

(a)

the definition of electoral roll in section 3(1); and

(b)

(9)

A Maori who receives a notice sent under subsection (2) but who does not exercise the option given by section 76(1) in the option period continues to be registered on the roll as an elector of the electoral district in which he or she is currently registered.

(10)

If a notice returned to the Electoral Commission under subsection (5)(a) is received by the Electoral Commission by post after the end of the option period but not later than noon on the day after the last day of that period, the notice is deemed to have been received in that option period, and the elector must, if the notice is otherwise in order, be deemed to have exercised the option given by section 76(1) in that option period.

(11)

If a notice returned to the Electoral Commission under subsection (5)(a) is received by the Electoral Commission within the option period but that notice does not comply with the requirements for signing and dating, the Electoral Commission may treat the notice as being in accordance with those requirements before the end of that option period if the non-compliance is remedied within 6 days after the end of that option period.

(12)

For the purposes of this section,—

Maori option means the option provided by section 76(1)

option period means the period specified in a notice published under section 77(2)

person registered as an elector includes a person of or over the age of 17 years who has had an application under section 82(2) to register as an elector accepted by the Electoral Commission.

Section 78: replaced, on 25 March 2014, by section 16 of the Electoral Amendment Act 2014 (2014 No 8).

Section 78(2): amended, on 21 March 2017, by section 20(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(2): amended, on 21 March 2017, by section 20(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(2): amended, on 21 March 2017, by section 20(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(2)(b)(ii): amended, on 21 March 2017, by section 20(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(5): amended, on 21 March 2017, by section 20(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(5)(a): amended, on 21 March 2017, by section 20(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(7): repealed, on 21 March 2017, by section 20(4) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(10): amended, on 21 March 2017, by section 20(5)(a) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(10): amended, on 21 March 2017, by section 20(5)(b) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(11): amended, on 21 March 2017, by section 20(6)(a) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(11): amended, on 21 March 2017, by section 20(6)(b) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(12) person registered as an elector: amended, on 21 March 2017, by section 20(7) of the Electoral Amendment Act 2017 (2017 No 9).