Removal of names from roll and alterations to roll

98 Removal of names from roll by Electoral Commission

(1)

Subject to subsection (6), the Electoral Commission must remove from the roll—

(a)

the name of every person who, consequent on a change in his or her place of residence,—

(i)

is not qualified to be registered as an elector of the district; and

(ii)

resides in, and is registered as an elector of, another district:

(b)

the name of every person of whose identity the Electoral Commission is satisfied and whose death has been notified to the Electoral Commission

(i)

by any Registrar of Births and Deaths; or

(ii)

by the father, mother, or spouse, civil union partner, or de facto partner of that person or by a sister or brother of that person:

(c)
[Repealed]

(d)

the name of every person who, as a result of an inquiry made at that person’s address on the roll, the Electoral Commission has reason to believe has ceased for 1 month or upwards to reside in the district:

(e)

the name of every person whose name is entered on the Corrupt Practices List made out for any district:

(f)

the name of every person whose disqualification under section 80

(i)

is duly certified to the Electoral Commission; or

(ii)

is duly notified to the Electoral Commission under section 81:

(g)

the name of every person who, being a Maori,—

(i)

has indicated his or her choice, pursuant to section 78, to be registered as an elector for a different type of electoral district; or

(ii)

is registered in contravention of section 79:

(h)

where the roll is for a Maori electoral district, the name of every person who is not a Maori:

(i)

the name of every person who has been registered for the district—

(i)

by mistake; or

(ii)

by clerical error; or

(iii)

as a result of false information.

(2)

Notwithstanding anything in this Act, the Electoral Commission, on being satisfied that the name of any person has been omitted or removed from the roll—

(a)

by mistake; or

(b)

by clerical error; or

(c)

as a result of false information,—

may place the name of that person on the roll at any time or restore the name of that person to the roll at any time.

(3)

In addition to other powers of alterations conferred by this Act, the Electoral Commission may at any time, subject to subsection (6), alter the roll—

(a)

by correcting any mistake or omission in the particulars of the enrolment of a person:

(b)

by striking out the superfluous entry when the name of a person appears more than once on the roll.

(4)

The Electoral Commission may, subject to subsection (6), place a person’s name on the roll if—

(a)

the person has been registered as an elector of a district other than the district in which the person should have been registered; and

(b)

the person’s name has, under subsection (1)(h) or (i), been removed from the roll of the district for which the person was correctly registered.

(5)

Where, pursuant to this section, the name of a person is removed from the roll in the period commencing on the day after writ day and ending on the day before polling day, the Electoral Commission must, on removing that name, enter it on a list to be known as the list of post-writ day deletions.

(6)

No alteration pursuant to this section shall be made to the roll for a district in the period beginning on polling day and ending on the day after the day of the return of the writ.

Compare: 1956 No 107 s 57; 1983 No 104 s 10(1); 1985 No 149 s 11; 1985 No 150 s 2(3); 1990 No 1 s 24(2)

Section 98 heading: amended, on 21 March 2017, by section 43(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 98(1): amended, on 21 March 2017, by section 43(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 98(1)(b): amended, on 21 March 2017, by section 43(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 98(1)(b)(ii): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 98(1)(c): repealed, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 98(1)(d): substituted, on 18 March 2002, by section 31(3) of the Electoral Amendment Act 2002 (2002 No 1).

Section 98(1)(d): amended, on 21 March 2017, by section 43(4) of the Electoral Amendment Act 2017 (2017 No 9).

Section 98(1)(f)(i): amended, on 21 March 2017, by section 43(5) of the Electoral Amendment Act 2017 (2017 No 9).

Section 98(1)(f)(ii): amended, on 21 March 2017, by section 43(5) of the Electoral Amendment Act 2017 (2017 No 9).

Section 98(2): amended, on 21 March 2017, by section 43(5) of the Electoral Amendment Act 2017 (2017 No 9).

Section 98(3): amended, on 21 March 2017, by section 43(5) of the Electoral Amendment Act 2017 (2017 No 9).

Section 98(4): replaced, on 21 March 2017, by section 43(6) of the Electoral Amendment Act 2017 (2017 No 9).

Section 98(5): amended, on 21 March 2017, by section 43(7) of the Electoral Amendment Act 2017 (2017 No 9).