152 Death before close of nominations

(1)

If a constituency candidate who has been nominated and has not withdrawn his or her nomination dies before the close of nominations,—

(a)

his or her nomination is to be treated in all respects as if it had not been made; and

(b)

his or her deposit must be returned to his or her personal representatives or, as the case may be, to the person who paid it.

(2)

Subsection (3) applies if the candidate dies on nomination day before noon, or on any of the 3 days immediately before nomination day.

(3)

If this subsection applies, then, once the Returning Officer is satisfied of the fact of death,—

(a)

the time for the close of nominations in that district is postponed until noon on the fourth day after the date of the candidate’s death; and

(b)

the Returning Officer must immediately give public notice of the fact that the close of nominations in that district has been postponed and of the new time for the close of nominations.

(4)

If subsection (3) applies, but the candidate was nominated in a bulk nomination schedule or in accordance with section 146K, the references to Returning Officer in subsection (3) are to be read as references to the Electoral Commission.

Section 152: substituted, on 28 February 2002, by section 61 of the Electoral Amendment Act 2002 (2002 No 1).

Section 152(4): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).