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4Electoral Commission [Repealed]
4ACrown Entities Act 2004 to apply [Repealed]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10Term of office [Repealed]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of office of additional members who hold office for purposes of jurisdiction under Part 6 of Broadcasting Act 1989 [Repealed]
11AAppointment of deputies [Repealed]
11BStatus of deputies [Repealed]
11CProtection from civil liability [Repealed]
12Delegation of Commission’s powers [Repealed]
13Procedure [Repealed]
14Proceedings of Electoral Commission [Repealed]
15Annual report [Repealed]
16Clerk of the Writs [Repealed]
17Deputy Clerk of the Writs [Repealed]
18Chief Electoral Officer [Repealed]
19Deputy Chief Electoral Officer [Repealed]
20Electoral officials [Repealed]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21Chief Registrar of Electors [Repealed]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23Appropriation of expenses of New Zealand Post Limited [Repealed]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

 
1 Short Title

This Act may be cited as the Electoral Act 1993.

2 Commencement

(1)

If the Chief Electoral Officer makes, in accordance with section 19(5) of the Electoral Referendum Act 1993, a declaration that the proposal favouring the introduction of the proposed mixed member proportional system as provided in this Act is carried, Part 4 and Parts 6 to 9 and Schedules 2 and 3 shall, except as provided in subsection (2), come into force on 1 July 1994.

(2)

If the Chief Electoral Officer makes, in accordance with section 19(5) of the Electoral Referendum Act 1993, a declaration that the proposal favouring the introduction of the proposed mixed member proportional system as provided in this Act is carried, section 3 and Parts 1, 2, 3, and 5 and sections 267, 269, and 270 and Schedule 1 shall come into force on the day after the date on which that declaration is published in the Gazette.

(3)

If the Chief Electoral Officer makes, in accordance with section 19(5) of the Electoral Referendum Act 1993, a declaration that the proposal favouring the introduction of the proposed mixed member proportional system as provided in this Act is not carried,—

(a)

section 3 and Parts 1 to 9 and Schedules 1, 2, and 3 shall not come into force; and

(b)

on 1 July 1994, this Act shall be deemed to be repealed.

(4)

Except as provided in subsections (1) to (3), this Act shall come into force on the day on which it receives the Royal assent.

Section 2(2): section 3, Parts 1–3 and 5, sections 267, 269, and 270, and Schedule 1 brought into force, on 17 December 1993, by declaration in the Gazette 1993, p 3753.

3 Interpretation

(1)

In this Act, unless the context otherwise requires,—

adult

(a)

means a person of or over the age of 18 years; but

(b)

where a writ has been issued for an election, includes, on or after the Monday immediately before polling day, a person under the age of 18 years if that person’s 18th birthday falls in the period beginning on that Monday and ending on polling day

approved electronic medium, in relation to the making of an application or the providing of any information, means an electronic medium approved by the Electoral Commission for the making of that application or the providing of that information

bribery has the meaning assigned to that term by section 216

by-election means any election other than a general election

candidate,—

(a)

means a constituency candidate; and

(b)

includes a list candidate (other than in Parts 6AA and 6A); and

(c)

in the definition of candidate advertisement and in section 3A and Parts 6AA, 6A, 7, and 8 includes a person who has declared his or her intention of becoming a constituency candidate; and

(d)

in Parts 7 and 8 includes a person who has declared his or her intention of becoming a list candidate

candidate advertisement means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to do either or both of the following:

(a)

to vote for a constituency candidate (whether or not the name of the candidate is stated):

(b)

not to vote for a constituency candidate (whether or not the name of the candidate is stated)

census means the census of population and dwellings carried out by the Department of Statistics pursuant to the Statistics Act 1975

Chief Electoral Officer means the Chief Electoral Officer appointed under this Act; and includes any person authorised to exercise the powers, duties, and functions of the Chief Electoral Officer

component party means, in relation to a registered political party (in this definition called the registered party) or in relation to a political party that is applying for registration (in this definition called the applicant party),—

(a)

a political party that is a member of the registered party or of the applicant party; or

(b)

a political party that has combined some or all of its membership with that of another political party and thereby formed the registered party or the applicant party or augmented the membership of such a party, as the case may be

constituency candidate means a person who has been nominated as a candidate for a seat in the House of Representatives representing an electoral district

corrupt practice means any act declared by this Act to be a corrupt practice

Corrupt Practices List, in relation to any district, means the Corrupt Practices List made out for that district under section 100

costs includes charges and expenses

Crown means Her Majesty in respect of the Government of New Zealand

current financial member, in relation to a political party, means a member of the party—

(a)

whose membership of the party resulted from an application made by the member to join the party; and

(b)

who is, under the party’s rules, subject to an obligation to pay to the party a membership fee—

(i)

on becoming a member; and

(ii)

then at specified intervals of not more than 3 years; and

(c)

who has paid to the party every membership fee that has for the time being become payable by the member in accordance with those rules

district or electoral district or electorate means a General electoral district or a Maori electoral district constituted under this Act

election means an election of a member of the House of Representatives

election advertisement has the meaning given to it by section 3A

election expenses,—

(a)

in relation to a constituency candidate, has the meaning given to it by section 205:

(b)

in relation to a party that is registered under Part 4, has the meaning given to it by section 206

elector, in relation to any district, means a person registered, or qualified to be registered, as an elector of that district

Electoral Commission means the Electoral Commission established by section 4B

Electoral Commissioner or Commissioner means a member of the Electoral Commission

electoral official means any person that the Electoral Commission employs or engages for the purpose of assisting with the performance of its functions

electoral roll, in relation to any district, means, subject to sections 101 to 103, the forms of application for registration kept by the Registrar of persons registered as electors of that district (including a form returned following an inquiry under section 89D)

eligible political party means a political party that has at least 500 current financial members who are eligible to enrol as electors

enduring power of attorney means a power of attorney described in section 95 of the Protection of Personal and Property Rights Act 1988

general election means an election that takes place after the dissolution or expiration of Parliament

General electoral district means an electoral district other than a Maori electoral district

General electoral population means total ordinarily resident population as shown in the last periodical census of population and dwellings with the exception of the Maori electoral population

Government means the Government of New Zealand

hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001

illegal practice means any act declared by this Act to be an illegal practice

issuing officer, in relation to a polling place, means the manager of the polling place or a person authorised, under section 158(3)(a), to issue ballot papers in the polling place

list candidate means any person whose name is specified in a party list submitted to the Electoral Commission under section 127

main roll, in relation to any district, means, subject to section 107, the main roll printed for the district and for the time being in force

manager, in relation to a polling place, means the person designated, under section 158(2), as the manager of the polling place

Maori means a person of the Maori race of New Zealand; and includes any descendant of such a person

Maori electoral district means an electoral district constituted under section 45

Maori electoral population means a figure representing both the persons registered as electors of the Maori electoral districts and a proportion of the persons of New Zealand Maori descent who are not registered as electors of any electoral district and a proportion of the persons of New Zealand Maori descent under the age of 18 years, which figure shall be fixed—

(a)

by ascertaining a proportion determined by dividing—

(i)

the total number of persons registered as at the close of the last day of the period specified in the last notice published under section 77(2) as electors of Maori electoral districts, and persons on the dormant rolls for Maori electoral districts; by

(ii)

the total number of persons of New Zealand Maori descent registered as at the close of the day referred to in subparagraph (i) as electors of either General electoral districts or Maori electoral districts, and persons on the dormant rolls for Maori electoral districts and General electoral districts; and

(b)

by applying the proportion ascertained under paragraph (a) to the total number of ordinarily resident persons of New Zealand Maori descent as determined by the last periodical census

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

member of the Defence Force means any person resident in New Zealand within the meaning of this Act who is for the time being a member of the New Zealand Defence Force constituted by section 11(1) of the Defence Act 1990; and includes any person so resident who is attached to, or employed by, or carries out duties of the New Zealand Defence Force which necessitate his or her being outside New Zealand

mental impairment, in relation to any person, means an impairment causing a person to lack, wholly or partly, the capacity to understand the nature of any decision about registering as an elector

meshblock means statistical meshblock

Minister means the Minister of Justice

nomination day, in relation to any election, means the day appointed in the writ for that election as the latest day for the nomination of candidates

party, in Parts 6AA, 6A, and 6B,—

(a)

means a political party registered under Part 4; and

(b)

includes a political party that at any time during the regulated period has been registered under Part 4

party advertisement means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to do either or both of the following:

(a)

to vote for a party (whether or not the name of the party is stated):

(b)

not to vote for a party (whether or not the name of the party is stated)

party secretary or, in relation to a party, secretary means the person (whatever his or her designation or office) whose duties include responsibility for—

(a)

carrying out the administration of the party; and

(b)

conducting the correspondence of the party

permanent resident of New Zealand has the meaning assigned thereto by section 73

personation has the meaning assigned to that term by section 215

polling day, in relation to any election, means the day appointed in the writ for that election for the polling to take place if a poll is required

polling place official means a person appointed, under section 158(1), as an official for a polling place

prescribed means prescribed by this Act or by regulations made thereunder or (for the purposes of Part 8) by rules of court

prison means a prison established or deemed to be established under the Corrections Act 2004

public inspection period means, in relation to a return filed under sections 205K, 206I, 206ZC, 209, 210, 210C, 214C, and 214F, the period—

(a)

beginning 3 working days after the date of receipt by the Electoral Commission of the duly completed return; and

(b)

ending with the close of polling day for the second general election that takes place after the date of receipt by the Electoral Commission of the duly completed return

public money has the same meaning as in the Public Finance Act 1989

public notice or public notification means a notice printed in some newspaper circulating in the district intended to be affected by the notice

public place has the same meaning as in section 2 of the Summary Offences Act 1981

public servant

(a)

means a person employed in the service of the Crown, not being honorary service; and

(b)

includes a person employed in—

(i)

the Education service as defined in the State Sector Act 1988; or

(ii)

the Cook Islands Public Service; or

(iii)

the Western Samoan Public Service; and

(ba)

includes an electoral official; but

(bb)

does not include an electoral official who has been appointed as a Deputy Electoral Commissioner or Returning Officer; and

(c)

does not include any person to whom subsection (2) or subsection (3) applies; and

(d)

does not include—

(i)

any person by reason of his or her holding an office for which salary is payable under the Members of Parliament (Remuneration and Services) Act 2013; or

(ii)

any person by reason of his or her being employed in any of Her Majesty’s forces except the Royal New Zealand Navy, the Regular Force of the New Zealand Army, or the Regular Air Force of the Royal New Zealand Air Force; or

(iii)

any person remunerated by fees or commission and not by wages or salary

Registrar, in relation to any district, means the Registrar of Electors appointed for that district under section 22; and includes his or her deputy

Registrar of Births and Deaths means Registrar within the meaning of section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995

regulated period has the meaning given to it by section 3B

representative, in Part 5, means,—

(a)

in relation to a person who is outside New Zealand, or who has a physical impairment,—

(i)

a person who is a registered elector:

(ii)

an attorney appointed under a power of attorney:

(b)

in relation to a person who has a mental impairment,—

(i)

a person who is a registered elector:

(ii)

a welfare guardian appointed under section 12(1) of the Protection of Personal and Property Rights Act 1988:

(iii)

an attorney appointed under an enduring power of attorney

residence and to reside have the meanings assigned thereto by section 72

Returning Officer means an electoral official designated under section 20B; and includes a person authorised to exercise or perform the powers, duties, or functions of a Returning Officer

roll means an electoral roll, a main roll, or a supplementary roll, as the case may be; and includes a composite roll printed under section 107

Speaker means—

(a)

the Speaker of the House of Representatives; or

(b)

if the Speaker of the House of Representatives is (for whatever reason) unable to act, the Deputy Speaker of the House of Representatives; or

(c)

if neither the Speaker of the House of Representatives nor the Deputy Speaker of the House of Representatives is (for whatever reason) able to act, an Acting Speaker of the House of Representatives who is able to act

special voter, in relation to any election, means a person qualified under this Act to vote as a special voter at that election

statement includes not only words but also pictures, visual images, gestures, and other methods of signifying meaning

supplementary roll, in relation to any district, means a supplementary roll printed for the district and for the time being in force

treating has the meaning assigned to that term by section 217

undue influence has the meaning assigned to that term by section 218

working day means any day of the week other than—

(a)

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and

(ab)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(b)

a day in the period commencing with 25 December in any year and ending with 15 January in the following year

writ means a writ for an election issued under this Act

writ day, in relation to any election, means the day of the issue of the writ for that election.

A reference to a numbered form is a reference to the form so numbered in Schedule 2.

(2)

Where any person—

(a)

is appointed by the Crown, or the Government, or any department or agency of the Government to be a member of any commission, council, board, committee, or other body; or

(b)

is a member of any commission, council, board, committee, or other body of which any members receive any payment out of public money,—

he or she shall not by reason of that membership be deemed to be a public servant, whether or not he or she receives any travelling allowances or travelling expenses.

(3)

No person shall, by reason only of being a head of mission or head of post within the meaning of the Foreign Affairs Act 1988, be deemed to be a State servant within the meaning of section 52(1) or a public servant, whether or not that person receives any salary, allowances, or expenses.

Compare: 1956 No 107 s 2; 1975 No 28 s 6(2)(a), (b); 1979 No 12 s 3(a), (b); 1980 No 29 ss 2(1)–(4), 3(2), 5(2), (3); 1981 No 120 s 44(2); 1983 No 104 s 2(1); 1986 No 16 s 7(1); 1988 No 34 s 12; 1988 No 159 s 14(1); 1990 No 1 s 2(1), (3)–(6)

Section 3(1) anonymous: repealed, on 20 December 2007, by section 4(1) of the Electoral Amendment Act 2007 (2007 No 113).

Section 3(1) approved electronic medium: inserted, on 25 March 2014, by section 4 of the Electoral Amendment Act 2014 (2014 No 8).

Section 3(1) candidate: substituted, on 1 January 2011, by section 4(1) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 3(1) candidate advertisement: inserted, on 1 January 2011, by section 4(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 3(1) Chief Registrar: repealed, on 1 July 2012, by section 52(1) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 3(1) Clerk of the Writs: repealed, on 28 February 2002, by section 3(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 3(1) component party: inserted, on 6 December 1995, by section 2(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 3(1) corrupt practice: substituted, on 20 December 2007, by section 4(2) of the Electoral Amendment Act 2007 (2007 No 113).

Section 3(1) corrupt practice: amended, on 1 March 2009, by section 4(3) of the Electoral Amendment Act 2009 (2009 No 1).

Section 3(1) current financial member: inserted, on 28 February 2002, by section 3(4) of the Electoral Amendment Act 2002 (2002 No 1).

Section 3(1) Deputy Returning Officer: repealed, on 28 February 2002, by section 3(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 3(1) election advertisement: inserted, on 1 January 2011, by section 4(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 3(1) election expenses: substituted, on 1 March 2009, by section 4(2) of the Electoral Amendment Act 2009 (2009 No 1).

Section 3(1) election expenses paragraph (a): amended, on 17 August 2011, by section 4(1) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 3(1) election expenses paragraph (b): amended, on 17 August 2011, by section 4(2) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 3(1) Electoral Commission: substituted, on 1 October 2010, by section 5(1) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 3(1) Electoral Commissioner or Commissioner: substituted, on 1 October 2010, by section 5(2) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 3(1) electoral official: substituted, on 1 October 2010, by section 5(3) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 3(1) electoral roll: substituted, on 28 February 2002, by section 3(3) of the Electoral Amendment Act 2002 (2002 No 1).

Section 3(1) electoral roll: amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 3(1) eligible political party: substituted, on 6 December 1995, by section 2(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 3(1) hospital: substituted, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

Section 3(1) illegal practice: substituted, on 20 December 2007, by section 4(3) of the Electoral Amendment Act 2007 (2007 No 113).

Section 3(1) illegal practice: amended, on 1 March 2009, by section 4(4) of the Electoral Amendment Act 2009 (2009 No 1).

Section 3(1) issuing officer: inserted, on 28 February 2002, by section 3(4) of the Electoral Amendment Act 2002 (2002 No 1).

Section 3(1) list candidate: inserted, on 1 March 2009, by section 4(2) of the Electoral Amendment Act 2009 (2009 No 1).

Section 3(1) list candidate: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 3(1) manager: inserted, on 28 February 2002, by section 3(4) of the Electoral Amendment Act 2002 (2002 No 1).

Section 3(1) Maori electoral population paragraph (a): substituted, on 28 February 2002, by section 3(5) of the Electoral Amendment Act 2002 (2002 No 1).

Section 3(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 3(1) mental impairment: inserted, on 25 March 2014, by section 4 of the Electoral Amendment Act 2014 (2014 No 8).

Section 3(1) mental institution: repealed, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 3(1) New Zealand Post or New Zealand Post Limited: repealed, on 1 July 2012, by section 49 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 3(1) party: substituted, on 1 January 2011, by section 4(2) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 3(1) party: amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 3(1) party advertisement: inserted, on 1 January 2011, by section 4(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 3(1) party secretary: inserted, on 1 March 2009, by section 4(2) of the Electoral Amendment Act 2009 (2009 No 1).

Section 3(1) penal institution: repealed, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 3(1) polling place official: inserted, on 28 February 2002, by section 3(4) of the Electoral Amendment Act 2002 (2002 No 1).

Section 3(1) prison: inserted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 3(1) public inspection period: inserted, on 1 March 2009, by section 4(2) of the Electoral Amendment Act 2009 (2009 No 1).

Section 3(1) public inspection period: amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 3(1) public inspection period: amended, on 1 January 2011, by section 4(4) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 3(1) public inspection period paragraph (a): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 3(1) public inspection period paragraph (b): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 3(1) public servant paragraph (b)(i): substituted, on 3 May 1997, by section 5 of the State Sector Amendment Act 1997 (1997 No 8).

Section 3(1) public servant paragraph (b)(iii): amended, on 1 October 2010, by section 5(4) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 3(1) public servant paragraph (ba): inserted, on 1 October 2010, by section 5(5) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 3(1) public servant paragraph (bb): inserted, on 1 October 2010, by section 5(5) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 3(1) public servant paragraph (d)(i): amended, on 16 December 2013, by section 66 of the Members of Parliament (Remuneration and Services) Act 2013 (2013 No 93).

Section 3(1) Registrar of Births and Deaths: inserted, on 28 July 1997, by section 7 of the Births, Deaths, and Marriages Registration Amendment Act 1997 (1997 No 35).

Section 3(1) Registrar of Births and Deaths: amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 3(1) regulated period: inserted, on 1 January 2011, by section 4(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 3(1) representative: inserted, on 25 March 2014, by section 4 of the Electoral Amendment Act 2014 (2014 No 8).

Section 3(1) Returning Officer: substituted, on 28 February 2002, by section 3(6) of the Electoral Amendment Act 2002 (2002 No 1).

Section 3(1) secretary: repealed, on 1 March 2009, by section 4(5) of the Electoral Amendment Act 2009 (2009 No 1).

Section 3(1) Speaker: substituted, on 28 February 2002, by section 3(7) of the Electoral Amendment Act 2002 (2002 No 1).

Section 3(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

3A Meaning of election advertisement

(1)

In this Act, election advertisement

(a)

means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to do either or both of the following:

(i)

to vote, or not to vote, for a type of candidate described or indicated by reference to views or positions that are, or are not, held or taken (whether or not the name of the candidate is stated):

(ii)

to vote, or not to vote, for a type of party described or indicated by reference to views or positions that are, or are not, held or taken (whether or not the name of the party is stated); and

(b)

includes—

(i)

a candidate advertisement; and

(ii)

a party advertisement.

(2)

None of the following are election advertisements:

(a)

an advertisement that—

(i)

is published, or caused or permitted to be published, by the Electoral Commission or any other agency charged with responsibilities in relation to the conduct of any official publicity or information campaign to be conducted on behalf of the Government of New Zealand; and

(ii)

relates to electoral matters or the conduct of any general election or by-election; and

(iii)

contains either—

(A)

a statement indicating that the advertisement has been authorised by that officer or agency; or

(B)

a symbol indicating that the advertisement has been authorised by that officer or agency:

(b)

contact information (as defined in subsection (3)) published in any medium by a member of Parliament that satisfies all of the following requirements:

(i)

the information was published by a member of Parliament in the course of performing his or her role and functions as a member of Parliament; and

(ii)

the information was prepared for publication and published by the member of Parliament using funding received under Vote Parliamentary Service; and

(iii)

the information was routinely published in that medium before the commencement of the regulated period and continues to be published in that medium during the regulated period; and

(iv)

the information is published during the regulated period no more often and to no greater extent than before the commencement of the regulated period; and

(v)

the information is published during the regulated period in the same form and style as before the commencement of the regulated period; and

(vi)

the information is not included, combined, or associated with an election advertisement (as defined in subsection (1)), or with any other information so as to constitute an election advertisement, that is published by—

(A)

the member of Parliament; or

(B)

the secretary of the party to which the member of Parliament belongs; or

(C)

any other person with the authority of the member of Parliament:

(c)

the editorial content of—

(i)

a periodical:

(ii)

a radio or television programme:

(iii)

a publication on a news media Internet site:

(d)

any transmission (whether live or not) of proceedings in the House of Representatives:

(e)

any publication on the Internet, or other electronic medium, of personal political views by an individual who does not make or receive a payment in respect of the publication of those views.

(3)

In this section,—

contact information, in relation to a member of Parliament, means information that—

(a)

must include—

(i)

the name of the member of Parliament; and

(ii)

the contact details of the member of Parliament, being 1 or more of the following:

(A)

telephone number:

(B)

physical or postal address:

(C)

email address; and

(iii)

the name of the electoral district that the member of Parliament represents or, if the member has not been elected to represent an electoral district, the fact that the member has been elected from a party list; and

(b)

may include 1 or more of the following:

(i)

a photograph of the member of Parliament:

(ii)

the website address of either or both—

(A)

the member of Parliament:

(B)

the party to which the member of Parliament belongs:

(iii)

the name of the party to which the member of Parliament belongs:

(iv)

the logo of the party to which the member of Parliament belongs:

(v)

the times when the member of Parliament is available for consultation by the public

periodical means a newspaper, magazine, or trade or professional journal that—

(a)

was established for purposes unrelated to the conduct of election campaigns; and

(b)

since its establishment has been—

(i)

published at regular intervals; and

(ii)

generally available to members of the public.

Compare: 1993 No 87 ss 221(1), (6), 221A(2), (4) (pre-1 January 2011); 2007 No 111 ss 4, 5(2)

Section 3A: inserted, on 1 January 2011, by section 5 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 3A(2)(a)(i): amended, on 1 July 2012, by section 52(2) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

3B Meaning of regulated period

(1)

In this Act, regulated period, in relation to a general election, has the meaning given to it by subsections (2) and (3).

(2)

If before the close of the default day the Prime Minister gives public notice of the day that is to be polling day for the election, the regulated period—

(a)

commences on the later of the following days:

(i)

the day after the date on which the Prime Minister gives that public notice:

(ii)

the day that is 3 months before polling day; and

(b)

ends with the close of the day before polling day.

(3)

If at the close of the default day the Prime Minister has not given public notice of the day that is to be polling day for the election, the regulated period—

(a)

commences on the close of the default day; and

(b)

ends with the close of the day before polling day.

(4)

In this Act, regulated period, in relation to a by-election, means the period that—

(a)

commences on the day after the notice of the vacancy to be filled by the by-election is published under section 129(1); and

(b)

ends with the close of the day before polling day.

(5)

In this section,—

default day means the day that is 2 years and 9 months after the polling day for the preceding general election

give public notice means issue a media statement.

Section 3B: inserted, on 1 January 2011, by section 5 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

3C Electoral Commission to publish details relating to regulated period

The Electoral Commission must, as soon as practicable after the commencement of the regulated period for a general election, publish in the Gazette notice of—

(a)

the date on which the regulated period commenced; and

(b)

the date on which the regulated period will end.

Section 3C: inserted, on 1 January 2011, by section 5 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

3D Meaning of publish

In this Act, unless the context otherwise requires, publish, in relation to an election advertisement, means to bring to the notice of a person in any manner—

(a)

including—

(i)

displaying on any medium:

(ii)

distributing by any means:

(iii)

delivering to an address:

(iv)

leaving at a place:

(v)

sending by post or otherwise:

(vi)

printing in a newspaper or other periodical:

(vii)

broadcasting by any means:

(viii)

disseminating by means of the Internet or any other electronic medium:

(ix)

storing electronically in a way that is accessible to the public:

(x)

incorporating in a device for use with a computer:

(xi)

inserting in a film or video; but

(b)

excluding addressing 1 or more persons face to face.

Section 3D: inserted, on 1 January 2011, by section 5 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

3E Meaning of advertising expenses

(1)

In this Act, advertising expenses, in relation to an election advertisement—

(a)

includes—

(i)

the cost incurred in the preparation, design, composition, printing, postage, and publication of the advertisement; and

(ii)

the reasonable market value of any material used for or applied towards the advertisement, including any such material that is provided free of charge or below reasonable market value; but

(b)

excludes the cost of—

(i)

the conduct of any survey or public opinion poll; and

(ii)

any framework (other than a commercial framework) that supports a hoarding on which the advertisement is displayed; and

(iii)

the labour of any person that is provided free of charge by that person; and

(iv)

the replacement of any material used in respect of the advertisement if that advertisement has been destroyed or rendered unusable by—

(A)

1 or more persons, other than the person promoting the advertisement (person A):

(B)

the occurrence of an event beyond the control of person A, or any person acting on behalf of person A.

(2)

To avoid doubt, advertising expenses does not include the cost (including running costs) of any vehicle used to display an election advertisement if the use of the vehicle for that purpose is not the subject of a contract, arrangement, or understanding for the payment of money or money’s worth.

(3)

In this section, vehicle has the meaning given to it by section 2(1) of the Land Transport Act 1998.

Section 3E: inserted, on 1 January 2011, by section 5 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Extraterritorial application

Heading: inserted, on 1 January 2011, by section 5 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

3F Application of Act to conduct outside New Zealand

(1)

The provisions of Part 6AA and 6A apply in respect of the publication of an election advertisement—

(a)

in New Zealand, in any case where the promoter of the advertisement is outside New Zealand; and

(b)

outside New Zealand, in any case where the promoter of the advertisement is in New Zealand.

(2)

Subsection (1) does not affect the application of the provisions of this Act (other than those provisions in Parts 6AA and 6A that apply in respect of the publication of an election advertisement) in respect of an offence that under any provision of the Crimes Act 1961 is deemed to be committed in New Zealand.

Section 3F: inserted, on 1 January 2011, by section 5 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Part 1 Electoral Commission

4 Electoral Commission
[Repealed]

Section 4: repealed, on 1 October 2010, by section 6 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

4A Crown Entities Act 2004 to apply
[Repealed]

Section 4A: repealed, on 1 October 2010, by section 6 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

4B Electoral Commission

(1)

This section establishes the Electoral Commission.

(2)

The Electoral Commission is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

(3)

The Crown Entities Act 2004 applies to the Electoral Commission except to the extent that this Act expressly provides otherwise.

(4)

The Electoral Commission established by subsection (1) is not the same body as the Electoral Commission established by section 4.

Section 4B: inserted, on 22 May 2010, by section 4 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

4C Objective

The objective of the Electoral Commission is to administer the electoral system impartially, efficiently, effectively, and in a way that—

(a)

facilitates participation in parliamentary democracy; and

(b)

promotes understanding of the electoral system and associated matters; and

(c)

maintains confidence in the administration of the electoral system.

Section 4C: inserted, on 22 May 2010, by section 4 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 4C: amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

4D Membership of Electoral Commission

(1)

The Governor-General, on the recommendation of the House of Representatives, must appoint 3 members of the Electoral Commission as follows:

(a)

1 member as the Chief Electoral Officer; and

(b)

1 member as the chairperson; and

(c)

1 member as the deputy chairperson.

(2)

The member appointed as the Chief Electoral Officer under subsection (1)(a) is the chief executive of the Electoral Commission.

(3)

The members of the Electoral Commission are the board for the purposes of the Crown Entities Act 2004.

(4)

Subsection (1) applies despite—

(a)

section 28(1)(b) of the Crown Entities Act 2004; and

(b)

clause 1(2) of Schedule 5 of the Crown Entities Act 2004.

Section 4D: inserted, on 22 May 2010, by section 4 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 4D(1): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

4E Appointment of Judge as member not to affect tenure, etc

The appointment of a Judge as a member of the board of the Electoral Commission does not affect the Judge’s tenure of his or her judicial office or the Judge’s rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as a Judge (including those in relation to superannuation) and, for all purposes, the Judge’s services as a member must be taken to be service as a Judge.

Section 4E: inserted, on 22 May 2010, by section 4 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 4E: amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

4F Resignation of member

(1)

A member of the Electoral Commission may resign from office by written notice to the Governor-General (with a copy to the Electoral Commission) signed by the member.

(2)

The resignation is effective when the Governor-General receives the notice or at any later time specified in the notice.

(3)

This section applies despite section 44 of the Crown Entities Act 2004.

Compare: 1988 No 2 s 5C

Section 4F: inserted, on 22 May 2010, by section 4 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 4F(1): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

4G Power to remove or suspend members

(1)

Section 42 of the Crown Entities Act 2004 applies to any member of the Electoral Commission who is a Judge.

(2)

Section 39(1) of the Crown Entities Act 2004 does not apply to any member.

(3)

Instead, any member who is not a Judge may be removed for just cause by the Governor-General acting upon an address from the House of Representatives.

(4)

Just cause has the same meaning as in section 40 of the Crown Entities Act 2004.

Compare: 1988 No 2 s 6

Section 4G: inserted, on 22 May 2010, by section 4 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 4G(1): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

4H Filling of vacancy

(1)

If a vacancy occurs in the membership of the Electoral Commission, the Governor-General, on the recommendation of the House of Representatives, may appoint a successor.

(2)

Despite subsection (1), if the vacancy exists at the close of a session, or the vacancy occurs while Parliament is not in session, and the House of Representatives has not recommended an appointment to fill the vacancy, the Governor-General in Council may appoint a successor at any time before the commencement of the next session of Parliament.

(3)

An appointment made under subsection (2) lapses, and the office again becomes vacant, unless the appointment is confirmed by the House of Representatives before the end of the 24th sitting day following the date of the appointment.

Compare: 1988 No 2 s 7

Section 4H: inserted, on 22 May 2010, by section 4 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 4H(1): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

4I Deputy Electoral Commissioners

(1)

The Electoral Commission may, by written notice, appoint an electoral official to be the deputy for an Electoral Commissioner.

(2)

The persons described in section 30(2) of the Crown Entities Act 2004 are disqualified from being appointed as Deputy Electoral Commissioners.

(3)

The notice of appointment must—

(a)

state the date on which the appointment takes effect, which must not be earlier than the date on which the notice is received; and

(b)

state the term of the appointment; and

(c)

be published by the Electoral Commission in the Gazette as soon as practicable after the appointment is made.

(4)

If an Electoral Commissioner becomes incapable of performing his or her functions or duties or exercising his or her powers by reason of illness, absence, or other sufficient cause, the functions, duties, and powers of that Electoral Commissioner may be performed and exercised by his or her deputy.

(5)

Despite subsection (4), a Deputy Electoral Commissioner—

(a)

must not act as chairperson or deputy chairperson of the board of the Electoral Commission; and

(b)

is not eligible to be appointed by the board of the Electoral Commission as a temporary deputy chairperson under clause 5 of Schedule 5 of the Crown Entities Act 2004.

(6)

The Electoral Commission may, at any time, revoke the appointment of any deputy.

(7)

A Deputy Electoral Commissioner is a public servant for the purposes of sections 28(2)(f) and 80(3)(a)(i).

(8)

[Repealed]

Section 4I: inserted, on 22 May 2010, by section 4 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 4I(1): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 4I(8): repealed, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

4J Proceedings of Electoral Commission

The provisions of Schedule 1 apply to the Electoral Commission and to its proceedings.

Section 4J: inserted, on 22 May 2010, by section 4 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 4J: amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

5 Functions

The functions of the Electoral Commission are to—

(a)

carry the provisions of this Act into effect:

(b)

carry out duties in relation to parliamentary election programmes that are prescribed by Part 6 of the Broadcasting Act 1989:

(c)

promote public awareness of electoral matters by means of the conduct of education and information programmes or by other means:

(d)

consider and report to the Minister or to the House of Representatives on electoral matters referred to the Electoral Commission by the Minister or the House of Representatives:

(e)

make available information to assist parties, candidates, and others to meet their statutory obligations in respect of electoral matters administered by the Electoral Commission:

(f)

carry out any other functions or duties conferred on the Electoral Commission by or under any other enactment.

Section 5: substituted, on 1 October 2010, by section 7 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 5(a): amended, on 1 July 2012, by section 28 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

6 Powers of Electoral Commission

(1)

The Electoral Commission may, if it considers that it is necessary for the proper discharge of its functions,—

(a)

initiate, sponsor, and carry out any studies or research:

(b)

make any inquiries:

(c)

consult with any persons or classes of persons:

(d)

publicise, in any manner that it thinks fit, any parts of its work:

(e)

provide information and advice on any matter—

(i)

to the Minister for the Minister’s consideration:

(ii)

to the Minister for presentation to the House of Representatives:

(f)

request advice, assistance, and information from any government department or any State enterprise as defined in section 2 of the State-Owned Enterprises Act 1986.

(2)

Subsection (1) does not limit sections 16 and 17 of the Crown Entities Act 2004.

(3)

If the Electoral Commission provides any information or advice to the Minister under subsection (1)(e)(ii), the Minister must present the information or advice to the House of Representatives within 5 working days after receiving it or, if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament.

Section 6: substituted, on 1 October 2010, by section 7 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 6(1)(e)(ii): amended, on 17 August 2011, by section 5 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

7 Independence

The Electoral Commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—

(a)

this Act; and

(b)

any other enactment that expressly provides for the functions, duties, or powers of the Electoral Commission (other than the Crown Entities Act 2004).

Section 7: substituted, on 1 October 2010, by section 7 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

8 Electoral Commission must report on general election

(1)

The Electoral Commission must, within 6 months of the return of the writ after a general election, report in writing to the Minister on the administration of that election, including—

(a)

the services provided to electors to facilitate voting; and

(b)

enrolment and voting statistics; and

(c)

any substantive issue arising during the course of the election; and

(d)

any changes that are necessary or desirable in respect of—

(i)

administration processes or practices; or

(ii)

this Act or any other law; and

(e)

any matter that the Minister of Justice asks the Electoral Commission to address; and

(f)

any other matter that the Electoral Commission considers relevant.

(2)

The Minister must present any report received under subsection (1) to the House of Representatives within 5 working days after receiving it or, if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament.

(3)

The Electoral Commission must publish any report made under subsection (1) as soon as practicable after it has been presented to the House of Representatives, but in any case not later than 10 working days after the report is received by the Minister.

Section 8: substituted, on 1 October 2010, by section 7 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

9 Electoral Commission may delegate functions or powers to electoral officials engaged by Commission

(1)

The Electoral Commission’s board may under section 73 of the Crown Entities Act 2004 delegate any of the Commission’s functions or powers, either generally or specifically, not only to any person or persons listed in section 73(1) of the Crown Entities Act 2004, but also to any electoral official who is engaged (rather than employed) by the Commission.

(2)

The functions or powers delegated may (without limitation) be or include either or both of the following:

(a)

the Commission’s power under section 73 of the Crown Entities Act 2004 to delegate particular functions or powers of the Commission:

(b)

all or any of the Commission’s functions or powers that relate to registration of electors.

(3)

The electoral official may (without limiting the definition of that term in section 3(1)) be a person of one of the following kinds that the Electoral Commission engages for the purpose of assisting with the performance of its functions:

(a)

a body corporate:

(b)

an individual who holds an office in, or is employed by, a body corporate.

(4)

For the purposes of this section, the Commission’s functions or powers that relate to registration of electors include, without limitation, its functions or powers under (or under any regulations under) Part 5 of this Act, and also its functions or powers under (or under any regulations under) the following Acts:

(5)

The provisions of the Crown Entities Act 2004, including in particular sections 74 (powers of delegate), 75 (effect of delegation), and 76 (revocations), apply in respect of a delegation by virtue of this section to any electoral official who is engaged (rather than employed) by the Electoral Commission as if it were a delegation under section 73 of the Crown Entities Act 2004 to any person or persons listed in section 73(1) of the Crown Entities Act 2004.

Section 9: replaced, on 1 July 2012, by section 29 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

9A Ownership of intellectual property developed by delegates of functions or powers

(1)

Any intellectual property of any kind in, or in respect of, any matter or thing belongs to the Crown if it is devised or developed (entirely or mainly) after 30 June 2012 by or on behalf of an electoral official to whom or to which all or any of the Commission’s functions or powers that relate to registration of electors have been delegated under section 73 of the Crown Entities Act 2004 (alone, or in conjunction with section 9 of this Act) and—

(a)

in the exercise or performance by or on behalf of that official of those delegated functions or powers; or

(b)

entirely or mainly by or through the use of public money appropriated by Parliament to facilitate the exercise or performance of those delegated functions or powers.

(2)

However, the Crown acting by and through the Minister of Finance may grant to any person a licence in respect of, or transfer to any person all or any ownership of, all or any of that intellectual property.

(3)

This section applies despite any contrary instrument or law.

Section 9A: inserted, on 1 July 2012, by section 29 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

10 Term of office
[Repealed]

Section 10: repealed, on 20 December 2007, by section 8 of the Electoral Amendment Act 2007 (2007 No 113).

11 Vacation of office of additional members who hold office for purposes of jurisdiction under Part 6 of Broadcasting Act 1989
[Repealed]

Section 11: repealed, on 20 December 2007, by section 9 of the Electoral Amendment Act 2007 (2007 No 113).

11A Appointment of deputies
[Repealed]

Section 11A: repealed, on 1 October 2010, by section 8 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

11B Status of deputies
[Repealed]

Section 11B: repealed, on 1 October 2010, by section 8 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

11C Protection from civil liability
[Repealed]

Section 11C: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

12 Delegation of Commission’s powers
[Repealed]

Section 12: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

13 Procedure
[Repealed]

Section 13: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

14 Proceedings of Electoral Commission
[Repealed]

Section 14: repealed, on 1 October 2010, by section 8 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

15 Annual report
[Repealed]

Section 15: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Part 2 Officers

16 Clerk of the Writs
[Repealed]

Section 16: repealed, on 28 February 2002, by section 5 of the Electoral Amendment Act 2002 (2002 No 1).

17 Deputy Clerk of the Writs
[Repealed]

Section 17: repealed, on 28 February 2002, by section 5 of the Electoral Amendment Act 2002 (2002 No 1).

18 Chief Electoral Officer
[Repealed]

Section 18: repealed, on 1 October 2010, by section 8 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

19 Deputy Chief Electoral Officer
[Repealed]

Section 19: repealed, on 1 October 2010, by section 8 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

20 Electoral officials
[Repealed]

Section 20: repealed, on 1 October 2010, by section 8 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

20A Electoral officials under direction of Electoral Commission

(1)

The Electoral Commission may give oral or written directions to all or any electoral officials.

(2)

Every electoral official must exercise or perform his or her powers, duties, and functions in accordance with any directions given by the Electoral Commission.

Section 20A: substituted, on 28 February 2002, by section 6(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 20A heading: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 20A(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 20A(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

20B Designation of Returning Officers

(1)

For every election to be held in a district, the Electoral Commission must, by notice in writing, designate an electoral official as the Returning Officer for the district.

(2)

A Returning Officer is a public servant for the purposes of sections 28(2)(f) and 80(3)(a)(i).

Section 20B: inserted, on 28 February 2002, by section 6(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 20B(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 20B(2): added, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

20C Returning Officers may delegate functions, duties, or powers

A Returning Officer may delegate any of his or her functions, duties, or powers, except this power of delegation, to another electoral official.

Section 20C: substituted, on 1 October 2010, by section 9 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

20CA Powers of delegate

(1)

An electoral official to whom any functions, duties, or powers of a Returning Officer are delegated may, unless the delegation provides otherwise, perform the function or duty or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the electoral official were the Returning Officer.

(2)

An electoral official who purports to perform a function or duty or exercise a power under a delegation from a Returning Officer is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation.

Compare: 2004 No 115 s 74

Section 20CA: inserted, on 1 October 2010, by section 9 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

20CB Effect of delegation on Returning Officer

No delegation under section 20C

(a)

affects or prevents the performance of any function or duty or the exercise of any power by the Returning Officer; or

(b)

affects the responsibility of the Returning Officer for the actions of any electoral official acting under the delegation; or

(c)

is affected by any change in the person appointed as Returning Officer.

Compare: 2004 No 115 s 75

Section 20CB: inserted, on 1 October 2010, by section 9 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

20CC Revocation of delegations

A delegation under section 20C may be revoked at will by—

(a)

the Returning Officer by written notice to the electoral official; or

(b)

any other method provided for in the delegation.

Compare: 2004 No 115 s 76

Section 20CC: inserted, on 1 October 2010, by section 9 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

20D State sector agencies to assist with administration of elections

(1)

The Electoral Commission may seek assistance from any State sector agency in order to facilitate the effective administration of elections.

(2)

Any agency approached by the Electoral Commission for assistance must have regard to the public interest in a whole-of-government approach to support the effective administration of elections in considering the assistance it can provide.

(3)

Any assistance that a State sector agency provides must be provided in a manner that is consistent with the statutory framework establishing that agency.

(4)

For the purposes of this section, a State sector agency means any part of the State services as defined in section 2 of the State Sector Act 1988, any Crown entity within the meaning of section 7 of the Crown Entities Act 2004, and any State enterprise within the meaning of the State-Owned Enterprises Act 1986.

Section 20D: inserted, on 28 February 2002, by section 6(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 20D(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 20D(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 20D(4): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

21 Chief Registrar of Electors
[Repealed]

Section 21: repealed, on 1 July 2012, by section 30 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

22 Registrar of Electors

(1)

Each electoral district must have a Registrar of Electors to be appointed by the Electoral Commission.

(2)

Every Registrar—

(a)

must be an individual who is an electoral official (as defined in section 3(1)); and

(b)

may, but need not, hold an office in, or be an employee of, a body corporate to which all or any of the Commission’s functions or powers that relate to registration of electors have been delegated; and

(c)

must, subject to subsection (3), be stationed at an office within the electoral district of which he or she is Registrar.

(3)

The Electoral Commission may appoint as the Registrar for an electoral district a person stationed at an office occupied by the Electoral Commission, by the electoral official, or by the body corporate in or by which the electoral official holds an office or is employed, and in an adjoining electoral district if, in the Electoral Commission’s opinion,—

(a)

there is in the electoral district no suitable office occupied by the Electoral Commission, the electoral official, or that body corporate; or

(b)

an officer more suitable for appointment is stationed at an office occupied by the Electoral Commission, the electoral official, or that body corporate in an adjoining district; or

(c)

making the appointment is, for 1 or more other reasons, in the public interest.

(4)

A district is, for the purposes of subsection (3), an adjoining district for another district if the boundaries of both districts—

(a)

are wholly or partly shared; or

(b)

are separated by no more than 2 intermediate districts.

(5)

The Registrar must, under the Electoral Commission’s direction,—

(a)

compile and keep, as required by this Act, the electoral roll for the Registrar’s electoral district; and

(b)

carry out the functions and duties conferred and imposed on the Registrar by or under this Act.

(6)

The Electoral Commission may from time to time appoint to be the Deputy Registrar for any electoral district an individual who—

(a)

is an electoral official (as defined in section 3(1)); and

(b)

may, but need not, hold an office in, or be an employee of, a body corporate to which all or any of the Commission’s functions or powers that relate to registration of electors have been delegated.

(7)

The Deputy Registrar has and may carry out (exercise or perform), subject to the control of the Registrar for that electoral district, all of that Registrar’s powers, functions, and duties.

(8)

Neither the Registrar nor his or her deputy may hold any official position in any political organisation.

(9)

The powers conferred on the Electoral Commission by subsections (1) and (6) include the power to appoint a Registrar or a Deputy Registrar for a named electoral district—

(a)

that is not yet in being; or

(b)

in respect of which a roll has not been compiled.

(10)

All appointments made under section 22 as repealed on 1 July 2012 by section 31 of the Electoral (Administration) Act 2011 and in force at the close of 30 June 2012 continue on and after 1 July 2012, and may be amended, revoked, or revoked and replaced, as if they had been made under this section.

Compare: 1956 No 107 s 7A; 1986 No 124 s 32(1)

Section 22: replaced, on 1 July 2012, by section 31 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

23 Appropriation of expenses of New Zealand Post Limited
[Repealed]

Section 23: repealed, on 1 July 2012, by section 32 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

24 Employees appointed by Chief Electoral Officer
[Repealed]

Section 24: repealed, on 1 October 2010, by section 10 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

25 General provision as to Returning Officers

No Returning Officer shall hold any official position in any political organisation.

Compare: 1956 No 107 s 9(3); 1975 No 28 s 3(4)(d)

26 Returning Officer to make declaration

Every Returning Officer shall, before entering on the duties of his or her office, make a declaration in form 1.

Compare: 1956 No 107 s 10

Section 26: amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Part 3 The House of Representatives

27 Members of Parliament

The House of Representatives shall have as its members those persons who are elected from time to time in accordance with the provisions of the Electoral Act 1956 or this Act, and who shall be known as members of Parliament.

Section 27: amended, on 30 November 1995, by section 2 of the Electoral Amendment Act 1995 (1995 No 60).

Representation Commission

28 Representation Commission

(1)

In order to provide for the periodical readjustment of the representation of the people of New Zealand in the House of Representatives, there shall be a commission to be known as the Representation Commission.

(2)

The Commission shall consist of—

(a)

the Surveyor-General:

(b)

the Government Statistician:

(c)

the Chief Electoral Officer:

(d)

the Chairperson of the Local Government Commission:

(e)

2 persons (not being public servants directly concerned with the administration of this Act or members of the House of Representatives), who shall be appointed by the Governor-General by Order in Council, on the nomination of the House of Representatives, as members of the Commission, 1 of those members being nominated to represent the Government and 1 to represent the Opposition:

(f)

1 person (not being a public servant directly concerned with the administration of this Act or a member of the House of Representatives), who shall be appointed as a member of the Commission by the Governor-General by Order in Council, on the nomination of the members of the Commission who hold office under paragraph (a) or paragraph (b) or paragraph (c) or paragraph (e), or a majority of them, to be the Chairperson of the Commission.

(3)

For the purposes of determining the boundaries of the Maori electoral districts, the Commission shall consist not only of the members specified in subsection (2) but also of—

(a)

the chief executive of Te Puni Kokiri:

(b)

2 persons (not being public servants directly concerned with the administration of this Act or members of the House of Representatives), who shall be appointed by the Governor-General by Order in Council on the nomination of the House of Representatives as members of the Commission, 1 of those members being nominated to represent the Government and 1 to represent the Opposition.

(4)

Each of the persons appointed under subsection (3)(b) shall be a Maori.

(5)

Notwithstanding subsection (2)(d), the Chairperson of the Local Government Commission shall not be entitled to vote on any matter before the Commission, and shall not be regarded as a member of the Commission for the purpose of forming part of a quorum pursuant to section 43(1).

Compare: 1956 No 107 s 15(1), (2), (5); 1991 No 68 s 2(1)

29 Term of office

The Chairperson and every member of the Commission who holds office under section 28(2)(e) or section 28(3)(b), unless he or she sooner ceases to be a member as provided in section 30, shall cease to be a member on the date on which the first periodical census of population is taken after the date of his or her appointment.

Compare: 1956 No 107 s 15(6); 1991 No 68 s 2(1)

30 Extraordinary vacancies

The Chairperson or any member of the Commission who holds office under section 28(2)(e) or section 28(3)(b) may resign his or her appointment by writing addressed to the Governor-General, in which case, or in case of any such member being convicted of an offence punishable by imprisonment for life or by 2 or more years’ imprisonment, or of his or her refusing to act, or of his or her death or mental or physical incapacity, or of his or her absence from New Zealand when his or her services are required, the Governor-General may, by Order in Council, appoint another person in his or her stead on the same nomination as in the case of the original appointment:

provided that, if Parliament is not in session at the time, an appointment of a member to represent the Government or the Opposition may be made on the nomination of the Prime Minister or of the Leader of the Opposition, as the case may be.

Compare: 1956 No 107 s 15(7); 1991 No 68 s 2(1)

Section 30: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

31 Remuneration and travelling allowances

There shall be paid out of money appropriated by Parliament for the purpose to the Chairperson and each member of the Commission who holds office under section 28(2)(e) or section 28(3)(b) remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly, and the Commission shall be a statutory board for the purposes of that Act.

Compare: 1956 No 107 s 15(8); 1991 No 68 s 2(1)

32 Deputies of appointed members

(1)

In this section appointed member means a member of the Commission appointed under section 28(2)(e) or section 28(2)(f) or section 28(3)(b).

(2)

Any appointed member may from time to time, by writing under his or her hand, appoint any person to be the deputy of that appointed member.

(3)

No person other than a Maori shall be appointed under this section as the deputy of a member of the Commission appointed under section 28(3)(b).

(4)

The deputy of any appointed member may exercise the powers conferred on that appointed member by this Act during any period when that appointed member is incapacitated by illness, absence from New Zealand, or other sufficient cause from performing the duties of his or her office.

(5)

The deputy of the appointed member who holds office as the Chairperson of the Commission shall, in addition, have authority to act as Chairperson of the Commission during any period when the Chairperson of the Commission is incapacitated by illness, absence from New Zealand, or other sufficient cause from performing the duties of his or her office.

(6)

Every deputy appointed under this section shall hold office during the pleasure of the appointed member by which that deputy was appointed.

(7)

No act done by any deputy appointed under this section in that capacity, and no act done by the Commission while any such deputy is so acting, shall in any proceedings be questioned on the ground that the occasion for so acting had not arisen or had ceased.

Compare: 1956 No 107 s 15A; 1991 No 68 s 2(1)

33 Deputies of ex officio members

(1)

Where the Chairperson of the Local Government Commission is unable or likely to be unable to perform his or her duties as a member of the Representation Commission because of illness, absence, or any other reason, and it appears to the Minister of Local Government that the inability to perform the duties is likely to continue for a period of more than 14 days, the Minister of Local Government may appoint a deputy (who shall be another member of the Local Government Commission) to perform all the functions, duties, and powers of the Chairperson of the Local Government Commission in his or her capacity as a member of the Representation Commission.

(2)

The Deputy Surveyor-General appointed pursuant to section 8 of the Survey Act 1986 shall have and may exercise, subject to the control of the Surveyor-General, all the functions, duties, and powers of the Surveyor-General in his or her capacity as a member of the Commission.

(3)

Any Deputy Government Statistician appointed pursuant to section 17 of the Statistics Act 1975 shall have and may exercise, subject to the control of the Government Statistician, all the functions, duties, and powers of the Government Statistician in his or her capacity as a member of the Commission.

(4)

The Deputy Electoral Commissioner appointed under section 4I as the deputy for the Chief Electoral Officer has and may exercise, subject to the control of the Chief Electoral Officer, all the functions, duties, and powers of the Chief Electoral Officer in his or her capacity as a member of the Commission.

(5)

Where the chief executive who holds office under section 28(3)(a) as a member of the Commission is unable or likely to be unable to perform his or her duties as such a member because of illness, absence, or any other reason, or where there is a vacancy in the position of that chief executive, that chief executive or any acting chief executive acting under section 40(1) of the State Sector Act 1988 may appoint a deputy nominated by the chief executive to perform all the functions, duties, and powers of the chief executive in his or her capacity as a member of the Representation Commission.

(6)

Every deputy appointed under subsection (1) or subsection (5) shall hold office during the pleasure of the person by which that deputy was appointed.

(7)

No act done by any deputy to which this section applies and no act done by the Commission while any such deputy is so acting, shall in any proceedings be questioned on the ground that the occasion for so acting had not arisen or had ceased.

(8)

Nothing in section 41(1) of the State Sector Act 1988 authorises a chief executive or acting chief executive or deputy of a chief executive to delegate to any other person any of the functions, duties, or powers of the chief executive or acting chief executive or deputy of the chief executive in his or her capacity as a member of the Representation Commission.

Compare: 1956 No 107 s 15B; 1991 No 68 s 2(1)

Section 33(4): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 33(5): amended, on 25 January 2005, by section 19(1) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

34 Submissions

Any political party to which a member of Parliament belongs and any independent member of Parliament and any political party whose candidates have, at the immediately preceding general election, obtained 5% or more of the valid votes cast by electors at that general election may make submissions to the Commission in relation to the matters to be considered by the Commission under section 35(3) or section 45(6).

Compare: 1956 No 107 s 15C; 1991 No 68 s 2(1)

Section 34: amended, on 17 December 1993, by section 8(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

35 Division of New Zealand into General electoral districts

(1)

It shall be the duty of the Commission to divide New Zealand into General electoral districts from time to time in accordance with this section and section 269.

(2)

The Commission—

(a)

shall effect the first division under subsection (1) as soon as practicable after the commencement of this section; and

(b)

shall, in accordance with section 77(5), effect the second division under subsection (1) after the census taken in the year 1996; and

(c)

shall effect such subsequent division under subsection (1) only after each subsequent periodical census and on no other occasion.

(3)

Subject to section 269, each division effected under subsection (1) shall be effected on the following basis:

(a)

the South Island shall be divided into 16 General electoral districts:

(b)

the General electoral population of the South Island shall be divided by 16, and the quotient so obtained shall be the quota for the South Island:

(c)

the General electoral population of the North Island shall be divided by the quota for the South Island, and the quotient so obtained shall be the number of General electoral districts in the North Island. Where that quotient includes a fraction, the fraction shall be disregarded unless it exceeds a half, in which case the number of such General electoral districts shall be the whole number next above that quotient:

(d)

the quota for the North Island shall be ascertained by dividing the General electoral population of that Island by the number of General electoral districts in that Island, as ascertained under paragraph (c):

(e)

the extent of each General electoral district in each Island shall be such that, at the time of making the division, the General electoral population of the General electoral district shall, subject to the provisions of paragraphs (f) and (g) and to the provisions of section 36 as to the allowance, be equal to the quota for that Island:

(f)

in forming the several General electoral districts, due consideration shall be given to—

(i)

the existing boundaries of General electoral districts; and

(ii)

community of interest; and

(iii)

facilities of communications; and

(iv)

topographical features; and

(v)

any projected variation in the General electoral population of those districts during their life:

(g)

no General electoral district shall be situated partially in the North Island and partially in the South Island.

(4)

As soon as possible after each periodical census, the Surveyor-General shall call a meeting of the members of the Commission who hold office under any of the provisions of paragraphs (a) to (e) of section 28(2) for the purpose of nominating a Chairperson of the Commission.

(5)

As soon as possible after each periodical census and each period specified in a notice published under section 77(2), the Electoral Commission shall supply the Government Statistician with the information that the Electoral Commission is required to supply to the Government Statistician under section 77(6).

(6)

When the Government Statistician—

(a)

has the results of the census; and

(b)

has been supplied by the Electoral Commission with the information that the Electoral Commission is required, under section 77(6), to supply to the Government Statistician as soon as practicable after the last day of the period specified in the notice published under section 77(2),—

the Government Statistician shall thereupon report the results of the census and his or her calculation of the Maori electoral population as at the close of the last day of that period to the Surveyor-General and to the other members of the Commission.

(7)

Upon receipt of the report of the Government Statistician, the Surveyor-General shall prepare maps showing the distribution of the population and provisional boundaries for the electoral districts, and shall then call a meeting of the Commission.

(8)

The report so made by the Government Statistician, and the maps so prepared by the Surveyor-General, shall be sufficient evidence as to the General electoral population of New Zealand or of the North Island or of the South Island or of any district.

Compare: 1956 No 107 s 16; 1965 No 17 s 3; 1980 No 29 s 6; 1981 No 120 s 4; 1985 No 149 s 3(2), (3); 1991 No 68 s 3(1)

Section 35(5): amended, on 1 July 2012, by section 52(3) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 35(5): amended, on 1 July 2012, by section 52(17)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 35(6)(b): amended, on 1 July 2012, by section 52(3) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 35(6)(b): amended, on 1 July 2012, by section 52(17)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

36 Allowance for adjustment of quota

Where, in the opinion of the Commission, General electoral districts cannot be formed consistently with the considerations provided for in section 35 so as to contain exactly the quota, the Commission may for any General electoral district make an allowance by way of addition or subtraction of General electoral population to an extent not exceeding 5%.

Compare: 1956 No 107 s 17; 1980 No 29 s 7

37 Classification of electoral districts for purposes of pay or allowances

The Representation Commission, if it is informed by the Remuneration Authority that it requires the districts to be classified for the purposes of determining salaries or allowances or both under the Remuneration Authority Act 1977, shall classify those districts in accordance with the categories given to it by the Remuneration Authority.

Compare: 1956 No 107 s 17A; 1981 No 120 s 5

Section 37: amended, on 1 April 2003, by section 4(1) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

38 Notice of proposed boundaries and classification

(1)

When the Commission proposes to make a division under section 35 or section 45, it shall publish in the Gazette a notice—

(a)

stating places at which the public may inspect, without charge,—

(i)

the names, and a description of the boundaries, of the proposed districts; and

(ii)

any classification of the proposed districts that is required for the purposes of the Remuneration Authority Act 1977; and

(iii)

a summary, in respect of each proposed district, of the reasons why the boundaries described are being proposed; and

(b)

stating the last date on which the Commission will receive written objections to the proposed boundaries or any of them and to the proposed names or any of them and to the proposed classification (if any) (which date shall be not less than 1 month after the date of the publication of the notice in the Gazette).

(1A)

The boundaries fixed by the Commission in respect of the proposed districts shall be defined by the Commission by the use of such words, maps, and graphic means as are sufficient to define those proposed boundaries accurately.

(2)

The places stated pursuant to subsection (1)(a) shall include the office of each Registrar of Electors.

(3)

Any failure to comply with subsection (1)(a)(iii) shall not of itself invalidate any decision or proceedings of the Commission.

(4)

Where any objections are received under subsection (1)(b), the Commission shall publish in the Gazette a notice—

(a)

containing a summary of the objections; and

(b)

stating a place or places at which the objections are available for public inspection; and

(c)

stating the last date on which the Commission will receive written counter-objections to those objections or any of them (which date shall not be less than 2 weeks after the date of the publication of the notice in the Gazette).

(5)

The Commission shall, before coming to a final determination, duly consider any objections lodged under subsection (1)(b) and any counter-objections lodged under subsection (4).

Compare: 1956 No 107 s 18; 1991 No 68 s 4(1)

Section 38(1): substituted, on 17 December 1993, by section 9(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 38(1)(a)(ii): amended, on 1 April 2003, by section 4(1) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Section 38(1A): inserted, on 17 December 1993, by section 9(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

39 Communications to officials

(1)

When, after the gazetting, pursuant to section 38, of a notice stating places (which shall include the office of each Registrar of Electors) at which the public may inspect, without charge, a description of the boundaries of the proposed districts, the Commission makes a determination relating to the boundaries of any district, the Surveyor-General must communicate the details of that determination to the Electoral Commission and such other entities or persons directly concerned with the administration of this Act as have been specified by the Representation Commission by name or by position or by the functions they perform.

(2)

Any entity or person to whom information is communicated pursuant to subsection (1) shall use that information only for the purposes of this Act.

Compare: 1956 No 107 s 18A; 1985 No 149 s 4; 1991 No 68 s 5

Section 39(1): amended, on 1 July 2012, by section 52(4) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 39(1): amended, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 39(2): amended, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

40 Report of Commission

(1)

The Commission shall, in every case within 6 months after the date of the meeting of the Commission called pursuant to section 35(7) or, in the case of the meeting called pursuant to section 269(4), within 8 months after the date of that meeting,—

(a)

report to the Governor-General the names and boundaries of the electoral districts fixed by the Commission; and

(b)

publish in the Gazette a notice—

(i)

stating that the Commission has fixed the names and boundaries of the electoral districts; and

(ii)

stating that the names and boundaries of the electoral districts fixed by the Commission are available for public inspection; and

(iii)

stating places at which copies of the names and boundaries fixed by the Commission are available for public inspection without charge (which places shall include the office of each Registrar of Electors).

(2)

The boundaries of the electoral districts fixed by the Commission shall be defined by the Commission by the use of such words, maps, and graphic means as are sufficient to define those boundaries accurately.

(3)

From the date of the gazetting of the notice required by subsection (1)(b), the electoral districts fixed by the report shall be the electoral districts of New Zealand for the purpose of the election of members of Parliament after the dissolution or expiration of the then existing Parliament, and shall so continue until the next report of the Commission takes effect as a result of the publication in the Gazette of the notice required by subsection (1)(b) in respect of that report.

Compare: 1956 No 107 s 19; 1991 No 68 s 6(1)

41 Report and maps to be laid before House of Representatives

(1)

A copy of every report of the Commission, together with properly authenticated maps of the electoral districts fixed by the report, shall be presented by the Governor-General to the House of Representatives within 3 sitting days after the date of the receipt thereof if Parliament is then in session, and, if not, then within 3 sitting days after the date of the commencement of the next ensuing session.

(2)

The Minister shall, forthwith after every report of the Commission is presented to the Governor-General, cause to be deposited in the office of the Clerk of the House of Representatives properly authenticated maps of the electoral districts fixed by the report.

Compare: 1956 No 107 s 20; 1991 No 68 s 7

Section 41(1): amended, on 6 December 1995, by section 10 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

42 Indexes of streets and places

(1)

The Surveyor-General—

(a)

shall, as soon as practicable after the gazetting of a notice under section 40(1)(b), compile, in respect of each electoral district, an index of streets and places within that district; and

(b)

shall compile from time to time, a comprehensive index which shall contain the names of all streets and places in New Zealand and which shall show the electoral district or electoral districts in which each street or place is to be found.

(2)

At the office of each Registrar and at such other convenient places within each district as the Minister from time to time directs, there shall be kept, for inspection by the public,—

(a)

a copy of the index compiled in respect of that district under subsection (1)(a); and

(b)

a copy of the index compiled under subsection (1)(b).

(3)

Copies of each index compiled under subsection (1)(a) shall be sold by the department within the meaning of section 2 of the Survey Act 1986.

(4)

Copies of each index compiled under subsection (1)(b) in respect of an electoral district shall be sold at every office of the department within the meaning of section 2 of the Survey Act 1986 and at such other convenient places as the Electoral Commission from time to time directs.

Compare: 1956 No 107 s 20A; 1981 No 120 s 7(1); 1989 No 142 s 22(1); 1991 No 68 s 8

Section 42(3): amended, on 1 July 1996, by section 5 of the Survey Amendment Act 1996 (1996 No 55).

Section 42(4): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 42(4): amended, on 1 July 1996, by section 5 of the Survey Amendment Act 1996 (1996 No 55).

43 Proceedings of Commission

(1)

Any 4 members of the Commission, of whom 2 are the members holding office under section 28(2)(e), shall be a quorum, and may exercise all functions vested in the Commission.

(2)

The Commission may make such rules for the conduct of its business, not inconsistent with the provisions of this Act, as it thinks fit.

Compare: 1956 No 107 s 21; 1991 No 68 s 9

44 Commissioner not eligible as member of House of Representatives

No member of the Commission shall, within 2 years after he or she ceases to be a member, be capable of being elected to be a member of the House of Representatives.

Compare: 1956 No 107 s 22

Maori representation

45 Maori representation

(1)

It shall be the duty of the Commission, for the purpose of the representation of the Maori people in the House of Representatives, to divide New Zealand into Maori electoral districts from time to time in accordance with this section and section 269.

(2)

The Commission—

(a)

shall effect the first division under subsection (1) as soon as practicable after the commencement of this section; and

(b)

shall, in accordance with section 77(5), effect the second division under subsection (1) after the census taken in the year 1996; and

(c)

shall effect each subsequent division under subsection (1) only after each subsequent periodical census and on no other occasion.

(3)

Subject to section 269, each division effected under subsection (1) shall be effected on the following basis:

(a)

the Maori electoral population of New Zealand shall be divided by the quota for General electoral districts in the South Island determined pursuant to section 35(3)(b), and the quotient so obtained shall be the number of Maori electoral districts:

(b)

where the quotient includes a fraction, the fraction shall be disregarded unless it exceeds a half, in which case the number of Maori electoral districts shall be the next whole number above the quotient:

(c)

subject to subsection (7), the Maori electoral districts shall each contain an equal number of members of the Maori electoral population.

(4)

Upon receipt of the report of the Government Statistician under section 35(6), the Surveyor-General shall prepare maps showing the distribution of the Maori electoral population and provisional boundaries for the Maori electoral districts.

(5)

The report so made by the Government Statistician and the maps so prepared by the Surveyor-General shall be sufficient evidence as to the Maori electoral population.

(6)

In dividing the Maori electoral population equally between the Maori electoral districts, due consideration shall be given to—

(a)

the existing boundaries of the Maori electoral districts; and

(b)

community of interest among the Maori people generally and members of Maori tribes; and

(c)

facilities of communications; and

(d)

topographical features; and

(e)

any projected variation in the Maori electoral population of those districts during their life.

(7)

Where, in the opinion of the Commission, the Maori electoral population cannot, consistently with the considerations provided for in subsection (6), be divided equally between the Maori electoral districts, the Commission may for any district make an allowance by way of addition or subtraction of Maori electoral population to an extent not exceeding 5%.

(8)

Due notice of the issuing of the proposed names and boundaries of the Maori electoral districts shall be given in the Gazette and section 38, with all necessary modifications, shall apply accordingly.

(9)

The Commission shall, in every case within 6 months after the date of the meeting of the Commission called pursuant to section 35(7) or, in the case of the meeting called pursuant to section 269(4), within 8 months after the date of that meeting,—

(a)

report to the Governor-General the names and boundaries of the Maori electoral districts fixed by the Commission; and

(b)

publish in the Gazette a notice—

(i)

stating that the Commission has fixed the names and boundaries of the Maori electoral districts; and

(ii)

stating that the names and boundaries of the Maori electoral districts fixed by the Commission are available for public inspection; and

(iii)

stating places at which copies of the names and boundaries fixed by the Commission are available for public inspection without charge (which places shall include the office of each Registrar of Electors).

(10)

The boundaries fixed by the Commission in respect of the Maori electoral districts shall be defined by the Commission by the use of such words, maps, and graphic means as are sufficient to define those boundaries accurately.

(11)

From the date of the gazetting of the notice required by subsection (9)(b), the boundaries of the Maori electoral districts as fixed by the report shall be the boundaries of the Maori electoral districts for the purpose of the election of members of Parliament for those districts after the dissolution or expiration of the then existing Parliament, and shall so continue until the next report of the Commission takes effect as a result of the publication in the Gazette of that notice required by subsection (9)(b) in respect of that report.

(12)

Notwithstanding the foregoing provisions of this section or of any other provision of this Act,—

(a)

if on the application of paragraphs (a) and (b) of subsection (3) a quotient is obtained that does not require the division of New Zealand into a Maori electoral district or districts, New Zealand shall not be divided into a Maori electoral district or districts and the other provisions of this Act shall, so far as they are applicable, apply with any necessary modifications; and

(b)

if on the application of paragraphs (a) and (b) of subsection (3) a quotient is obtained that requires the division of New Zealand into 1 Maori electoral district, the foregoing provisions of this section and the other provisions of this Act shall, so far as they are applicable, apply with any necessary modifications.

Compare: 1956 No 107 s 23; 1981 No 120 s 8(1); 1991 No 68 s 10

Section 45(8): substituted, on 17 December 1993, by section 11(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 45(9): substituted, on 17 December 1993, by section 11(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Chatham Islands

46 Electoral districts for and polling in Chatham Islands

(1)

The area comprised in the Chatham Islands shall be included in such General electoral district and Maori electoral district as the Representation Commission thinks fit, after giving due consideration to the matters contained in sections 35(3)(f) and 45(6).

(2)

For the purposes of sections 35, 45, and 269, the General electoral population and Maori electoral population of the Chatham Islands shall be treated—

(a)

as part of the General electoral population and Maori electoral population of New Zealand; and

(b)

as part of the General electoral population or Maori electoral population, as the case may require, of the General electoral district or Maori electoral district within which the Chatham Islands are included; and

(c)

in the case of the General electoral population, as part of the General electoral population of the South Island and, in the case of the Maori electoral population, as part of the Maori electoral population of the North Island.

(3)

In any case where the Commission has determined the number of General electoral districts in both the North Island and the South Island, and has, in doing so, applied the provisions of subsection (2)(c),—

(a)

the Commission shall not be precluded from including the Chatham Islands in a General electoral district or Maori electoral district, as the case may require, that is located, either in whole or in part, in a different Island to that in which the General electoral population or the Maori electoral population of the Chatham Islands has been included pursuant to subsection (2)(c); and

(b)

the Commission shall not, by reason of the application of paragraph (a), reconsider its determination of the number of General electoral districts in either the North Island or the South Island.

Compare: 1956 No 107 s 24(1)

Qualifications of candidates and members

47 Registered electors may be members, unless disqualified

(1)

Subject to the provisions of this Act, every person who is registered as an elector of an electoral district, but no other person, is qualified to be a candidate and to be elected a member of Parliament, whether for that electoral district, any other electoral district or as a consequence of the inclusion of that person’s name in a party list submitted pursuant to section 127.

(2)

Notwithstanding anything in subsection (1), if a person is disqualified for registration as an elector, that person shall not be qualified to be a candidate or to be elected.

(3)

Regardless of anything in subsection (1), a person is not qualified to be a candidate or to be elected unless he or she is a New Zealand citizen.

Compare: 1956 No 107 s 25; 1981 No 120 s 9(1)

Section 47(3): substituted, on 1 February 2003, by section 8(1) of the Electoral Amendment Act 2002 (2002 No 1).

47A Certain persons disqualified from candidacy

The following persons are not qualified to be a candidate or to be elected as a member of Parliament:

(a)

an Electoral Commissioner:

(b)

a Deputy Electoral Commissioner:

(c)

a Returning Officer.

Section 47A: inserted, on 1 October 2010, by section 11 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

48 Offence for public servant or Returning Officer to sit

Every member of Parliament who sits or votes therein after his or her seat has become vacant by reason of that member having become a public servant or having been appointed as a Returning Officer, knowing that his or her seat is so vacant, shall be liable on conviction to a fine not exceeding $400.

Compare: 1956 No 107 s 26; 1990 No 1 s 3(1)

Section 48 heading: amended, on 1 October 2010, by section 12(1) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 48: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 48: amended, on 1 October 2010, by section 12(2) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

49 Candidate not disqualified if name removed from roll without cause

(1)

This section applies to a person—

(a)

who is qualified to be registered as an elector of an electoral district; and

(b)

whose name was entered on the electoral roll for that district; but

(c)

whose name has been subsequently removed from that electoral roll through no fault or failure of that person.

(2)

A person is not, by reason only of his or her name having been removed from an electoral roll, disqualified from becoming a candidate and being elected as a member of Parliament.

(3)

However, a person who consents to his or her nomination as a candidate must make a statutory declaration declaring that—

(a)

he or she is qualified to be registered as an elector of the electoral district in respect of which he or she was previously registered; and

(b)

his or her name was removed from the electoral roll for that district through no fault or failure of his or her own.

(4)

A person nominated as a candidate must, when giving his or her consent to the nomination, send the statutory declaration to—

(a)

the Returning Officer, if the person was nominated as a constituency candidate by registered electors under section 143; or

(b)

the party secretary, if the person is to be nominated as—

(i)

a constituency candidate by the party secretary under section 146D; or

(ii)

a list candidate.

Section 49: substituted, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

50 Effect of registration on wrong roll

The nomination of any person as a candidate for election, or his or her election as a member of Parliament, shall not be questioned on the ground that, though entitled to be registered as an elector of any district, that person was not in fact registered as an elector of that district but was registered as an elector of some other district.

Compare: 1956 No 107 s 28

51 Member ceasing to be elector

A member of Parliament ceasing to be registered as an elector shall not from that cause only be disqualified from sitting as a member.

Compare: 1956 No 107 s 29

52 Candidacy and election of State servants

(1)

In this section, the term State servant

(a)

means—

(i)

a public servant; and

(ii)

any other person whose conditions of employment are prescribed under, or are required by any enactment to be prescribed in accordance with or having regard to provisions of, the State Sector Act 1988; and

(b)

includes employees of the New Zealand Police.

(2)

Any State servant who desires to become a candidate for election as a member of Parliament shall be placed on leave of absence for the purposes of his or her candidature.

(3)

Subject to subsection (4), the period of leave shall commence on nomination day, and, in the event of his or her nomination as a constituency candidate or of the inclusion of his or her name in a list submitted under section 127, shall continue until the first working day after polling day, unless, in any case where he or she is a constituency candidate, he or she withdraws his or her nomination.

(4)

Where the employer of any State servant is satisfied that the State servant desires to become a candidate and that the candidacy will materially affect the ability of that State servant—

(a)

to carry out satisfactorily his or her duties as a State servant; or

(b)

to be seen as independent in relation to particular duties,—

the period of leave shall, if the employer so determines after consultation with the State servant, commence before nomination day on a day appointed by the employer.

(5)

During the period of his or her leave, the State servant shall not be required or permitted to carry out any of his or her official duties, nor shall he or she be entitled to receive any salary or other remuneration as a State servant in respect of that period or any part thereof, except to the extent to which he or she takes during that period any leave with pay to which he or she is entitled:

provided that a candidate who, at the time of his or her nomination or of the inclusion of his or her name in a list submitted under section 127, is a member of the staff of a university or a university college or a technical institute or a community college or a teachers college may continue to teach or supervise the studies of students at that university or university college or technical institute or community college or teachers college who are preparing for an examination and may engage in marking the examination papers of such students, and may receive remuneration in respect of such teaching, supervision, and marking.

(6)

Except as provided in the foregoing provisions of this section, a candidate’s rights as a State servant shall not be affected by his or her candidature.

Compare: 1956 No 107 s 30; 1981 No 120 s 10(1); 1988 No 20 s 90(a)

Section 52(1)(b): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

53 Members disqualified from being State servants

(1)

In this section, the term State servant has the meaning given to it by section 52(1).

(2)

If any State servant is elected as a member of Parliament, he or she shall forthwith on being declared so elected, be deemed, subject to subsections (3) to (6), to have vacated his or her office as a State servant.

(3)

Where a person who has been declared elected as the result of a poll is not the person declared elected on an amended declaration of the result of that poll or where, at the conclusion of the trial of an election petition, the High Court or Court of Appeal determines that the person whose election or return was complained of was not duly elected or returned or that the election at which that person was elected or returned was void, that person,—

(a)

if he or she was a State servant when he or she was declared to be elected; and

(b)

if by written election, given to his or her former employer within 1 month after the amended declaration or the determination of the High Court or Court of Appeal, he or she elects to be reinstated in his or her former office as a State servant,—

he or she shall, on the date on which his or her election is so given to his or her employer, be deemed, subject to subsections (4) to (6), to have been reinstated in his or her office as a State servant.

(4)

Nothing in this section shall entitle any person who is reinstated in office as a State servant to receive any salary or other remuneration as a State servant in respect of the period or any part of the period beginning on the day after the date on which he or she vacated office under subsection (2) and ending with the day before the date on which he or she resumed office under subsection (3).

(5)

Where the position that the person held at the date on which he or she vacated office has been filled or where that position no longer exists, that person shall, on his or her reinstatement, be employed, where practicable and at the discretion of his or her employer, in a position that involves duties and responsibilities which are the same or substantially the same as those of the position held at the time of vacation of office.

(6)

Subject to subsection (4), where a person is reinstated in office under this section,—

(a)

his or her service, for the purpose of any rights and benefits that are conditional on unbroken service, shall not be broken by the period of vacation of office; and

(b)

the period of vacation of office shall count—

(i)

as time served under his or her contract of employment; and

(ii)

subject to payment of his or her contributions, as service for the purpose of any superannuation scheme to which he or she belongs in his or her capacity as a State servant.

Compare: 1956 No 107 s 31; 1981 No 120 s 11(1)

Term of office of member of Parliament

54 Term of office of member of Parliament

(1)

Where an election is held for any electoral district, the person whose name is endorsed on the writ issued for the election as the person declared to be elected shall, subject to this Act,—

(a)

come into office as the member of Parliament for that electoral district on the day after the day of the return of that writ; and

(b)

vacate that office at the close of polling day at the next general election.

(2)

Where any person whose name is entered on a party list submitted pursuant to section 127, is declared by the Electoral Commission to be elected as a member of Parliament, the person shall, subject to this Act,—

(a)

come into office on the date after the date of the return made by the Electoral Commission pursuant to section 193; and

(b)

vacate that office at the close of polling day at the next general election.

Compare: 1956 No 107 s 31A; 1986 No 116 s 3

Section 54(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 54(2)(a): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Vacancies

55 How vacancies created

(1)

The seat of any member of Parliament shall become vacant—

(a)

if, otherwise than by virtue of being a head of mission or head of post within the meaning of the Foreign Affairs Act 1988, for one whole session of Parliament he or she fails, without permission of the House of Representatives, to give his or her attendance in the House; or

(b)

if he or she takes an oath or makes a declaration or acknowledgement of allegiance, obedience, or adherence to a foreign State, foreign Head of State, or foreign Power, whether required on appointment to an office or otherwise; or

(c)

if he or she does or concurs in or adopts any act whereby he or she may become a subject or citizen of any foreign State or Power, or entitled to the rights, privileges, or immunities of a subject or citizen of any foreign State or Power; or

(ca)

if he or she ceases to be a New Zealand citizen; or

(cb)

if he or she accepts nomination as, or otherwise agrees to be, a candidate for election, or agrees to appointment as—

(i)

a member of Parliament (or other governing body) of a country, State, territory, or municipality, in any country other than New Zealand; or

(ii)

a member of any governing body of any association of countries, States, territories, or municipalities exercising governing powers, of which New Zealand is not a member (for example, the European Union); or

(d)

if he or she is convicted of an offence punishable by imprisonment for life or by 2 or more years’ imprisonment, or is convicted of a corrupt practice, or is reported by the High Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice; or

(e)

if he or she becomes a public servant; or

(ea)

if he or she is appointed as a Returning Officer; or

(f)

if he or she resigns his or her seat by signing a written notice that is addressed and delivered to the Speaker; or

(g)

if on an election petition the High Court or Court of Appeal declares his or her election void; or

(h)

if he or she dies; or

(i)

if he or she becomes mentally disordered, as provided in section 56; or

(j)
[Repealed]

(2)

Notwithstanding anything in subsection (1)(c), where a member of Parliament marries a person who is a subject or citizen of a foreign State or Power and the laws of that foreign State or Power confer on that member of Parliament by reason of that marriage, citizenship of that foreign State or Power or the rights, privileges, or immunities of a subject or citizen of that foreign State or Power, the seat of a member of Parliament shall not become vacant by reason only of the marriage.

Compare: 1956 No 107 s 32; 1975 No 28 s 13(1); 1981 No 120 s 12; 1988 No 34 s 12(3); 1988 No 159 s 14(1)

Section 55(1)(b): substituted, on 18 September 2005, by section 5(1) of the Electoral Amendment Act 2004 (2004 No 99).

Section 55(1)(ca): inserted, on 18 September 2005, by section 5(2) of the Electoral Amendment Act 2004 (2004 No 99).

Section 55(1)(cb): inserted, on 18 September 2005, by section 5(2) of the Electoral Amendment Act 2004 (2004 No 99).

Section 55(1)(d): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 55(1)(ea): inserted, on 1 October 2010, by section 13 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 55(1)(f): substituted, on 28 February 2002, by section 9(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 55(1)(j): repealed, on 28 February 2002, by section 9(2) of the Electoral Amendment Act 2002 (2002 No 1).

55AA Dual or multiple citizenship permissible in certain circumstances

Despite section 55(1)(b) and (c), the seat of a member of Parliament does not become vacant by reason only of the member—

(a)

becoming a subject or citizen of any foreign State or Power, or entitled to the rights, privileges, or immunities of a subject or citizen of any foreign State or Power, by reason only of the member’s—

(i)

country or place of birth; or

(ii)

descent; or

(b)

renewing a passport or travel document that was issued to him or her by a foreign State or Power before the member took office.

Section 55AA: inserted, on 18 September 2005, by section 6 of the Electoral Amendment Act 2004 (2004 No 99).

55A Member ceasing to be parliamentary member of political party
[Expired]

Section 55A: expired, on 18 September 2005, by section 3 of the Electoral (Integrity) Amendment Act 2001 (2001 No 105).

55B Notice from member
[Expired]

Section 55B: expired, on 18 September 2005, by section 3 of the Electoral (Integrity) Amendment Act 2001 (2001 No 105).

55C Notice from parliamentary leader of party
[Expired]

Section 55C: expired, on 18 September 2005, by section 3 of the Electoral (Integrity) Amendment Act 2001 (2001 No 105).

55D Form of statement to be made by parliamentary leader
[Expired]

Section 55D: expired, on 18 September 2005, by section 3 of the Electoral (Integrity) Amendment Act 2001 (2001 No 105).

55E Definitions
[Expired]

Section 55E: expired, on 18 September 2005, by section 3 of the Electoral (Integrity) Amendment Act 2001 (2001 No 105).

56 Member becoming mentally disordered

(1)

Where a member of Parliament is, or is deemed to be, subject to a compulsory treatment order made under Part 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, the court by which the order is made shall, as soon as may be, give a notice to the Speaker of the making of the order.

(2)

Where a member of Parliament is received or detained in a hospital in accordance with an inpatient order made under Part 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, the person in charge of that hospital shall, as soon as may be, give notice to the Speaker of the reception or detention.

(3)

Where the Speaker receives a notice under subsection (1) or subsection (2), the Speaker shall forthwith transmit the notice to the Director-General of Health, who, together with some medical practitioner named by the Speaker, shall without delay visit and examine the member to whom the notice relates, and shall report to the Speaker whether the member is mentally disordered.

(4)

If the report is to the effect that the member is mentally disordered the Speaker shall, at the expiration of 6 months from the date of the report if Parliament is then in session, and, if not, then as soon as may be after the date of the commencement of the next ensuing session, require the said Director-General, together with the said medical practitioner or some other medical practitioner named by the Speaker, again to visit and examine the member; and, if they report that he or she is still mentally disordered, the Speaker shall forthwith lay both reports before the House of Representatives, and thereupon the seat of the member shall be vacant.

(5)

Every person having charge of any hospital in which any member of Parliament is so received or detained, who wilfully commits a breach of subsection (2) shall be liable on conviction to a fine not exceeding $2,000.

Compare: 1956 No 107 s 33; 1990 No 1 s 4(1)

Section 56(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 56(4): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 56(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

57 Registrar of court to notify cause of vacancy in certain cases

(1)

The Registrar of the court in which any member of Parliament has been convicted of an offence punishable by imprisonment for life or by 2 or more years’ imprisonment, or has been convicted of a corrupt practice, shall, within 48 hours after the conviction, notify the fact to the Speaker.

(2)

Every person commits an offence and shall be liable on conviction to a fine not exceeding $100 who, being the Registrar of a court, fails to send any notice required by subsection (1).

Compare: 1956 No 107 s 34; 1975 No 28 s 12(e); 1990 No 1 s 5(1)

Section 57(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 57(1): amended, on 28 February 2002, by section 10 of the Electoral Amendment Act 2002 (2002 No 1).

Section 57(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

58 Registrar of Births and Deaths to notify Speaker of death of member

(1)

The Registrar of Births and Deaths by whom the death of any member of Parliament is registered shall, within 12 hours of making the registration, notify the fact to the Speaker.

(2)

Every person commits an offence and shall be liable on conviction to a fine not exceeding $100 who, being a Registrar of Births and Deaths, fails to send any notice required by subsection (1).

Compare: 1956 No 107 s 35; 1990 No 1 s 5(1)

Section 58(1): amended, on 28 February 2002, by section 11 of the Electoral Amendment Act 2002 (2002 No 1).

Section 58(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

59 No person to be candidate for more than 1 district or on more than 1 list

(1)

No person shall at any general election be—

(a)

a candidate for more than 1 electoral district; or

(b)

a candidate whose name is included on more than 1 party list submitted pursuant to section 127.

(2)

If 2 or more by-elections are held on the same polling day, no person shall be a candidate at more than 1 of those by-elections.

(3)

At any general election, any person may be both—

(a)

a candidate for any one electoral district; and

(b)

a candidate whose name is included on any one party list submitted pursuant to section 127.

(4)

If any person breaches subsection (1) or subsection (2), all nominations of that person as a candidate for those districts, party lists, or by-elections, as the case may be, shall be void, and any deposits made by him or her or on his or her behalf shall be forfeited and be paid into a Crown Bank Account.

Section 59: substituted, on 6 December 1995, by section 12 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 59(4): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

Section 59(4): amended, on 28 February 2002, by section 12 of the Electoral Amendment Act 2002 (2002 No 1).

Persons qualified to vote

60 Who may vote

Subject to the provisions of this Act, the following persons, and no others, shall be qualified to vote at any election in any district, namely,—

(a)

any person whose name lawfully appears on the main roll or any supplementary roll for the district and who is qualified to be registered as an elector of the district:

(b)

any person—

(i)

who is qualified to be registered as an elector of the district; and

(ii)

who is registered as an elector of the district as a result of having applied for registration as an elector of the district before polling day:

(c)

any person who is qualified to be registered as an elector of the district, and was at the time of the last preceding election duly registered as an elector of the district or, where a change of boundaries has intervened, of some other district in which his or her then place of residence within the first-mentioned district was then situated:

(d)

any person—

(i)

who is qualified to be registered as an elector of the district; and

(ii)

who is registered as an elector of the district as a result of having applied, since the last preceding election and before polling day, for registration as an elector of the district or, where a change of boundaries has intervened, of some other district in which that person’s then place of residence within the first-mentioned district was then situated:

(e)

any person who is qualified to be registered as an elector of the district pursuant to section 74 and who resides on Campbell Island or Raoul Island or has resided on either of those Islands at any time in the 1 month before polling day:

(f)

any member of the Defence Force who is outside New Zealand, if he or she is or will be of or over the age of 18 years on polling day, and his or her place of residence immediately before he or she last left New Zealand is within the district.

Compare: 1956 No 107 s 99; 1981 No 120 s 31; 1983 No 104 s 18; 1985 No 150 s 2(4); 1990 No 1 s 49(1), (2)

Section 60(a): substituted, on 6 December 1995, by section 13(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 60(b): substituted, on 6 December 1995, by section 13(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 60(c): substituted, on 6 December 1995, by section 13(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 60(d): substituted, on 6 December 1995, by section 13(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 60(f): amended, on 6 December 1995, by section 13(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

61 Special voters

(1)

A person who is qualified to vote at any election in any district may vote as a special voter if—

(a)

that person’s name does not appear on the main roll or any supplementary roll for the district or has been wrongly deleted from any such roll:

(b)

the person intends to be absent or is absent from the district on polling day:

(c)

the person intends to be outside New Zealand on polling day or is outside New Zealand on polling day:

(d)

the person is, by reason of illness, infirmity, pregnancy, or recent childbirth, unable to attend to vote at any polling place in the district:

(e)

the person is, by reason of a religious objection, unable to attend to vote on the day of the week on which polling day falls:

(f)

the person satisfies the Returning Officer or issuing officer that on any other ground it will not be practicable for that person to vote at a polling place in the district without incurring hardship or serious inconvenience.

(2)

A person who is registered as an elector of a Maori electoral district and who is qualified to vote at any election in that district may vote as a special voter not only on the grounds set out in subsection (1) but also on the ground that the person attends to vote on polling day at a polling place that is not a polling place for that district.

(3)

A person whose name appears on the main roll or any supplementary roll for an electoral district and who is qualified to vote at an election in that district may vote as a special voter if the person—

(a)

applies to vote in person before polling day; and

(b)

does so within that district or at an office maintained by the Returning Officer of that district.

Compare: 1956 No 107 s 100; 1990 No 1 s 50(1)

Section 61(1)(f): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 61(3): added, on 1 January 2011, by section 6 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Part 4 Registration of political parties and party logos

Part 4 heading: amended, on 6 December 1995, by section 14 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Subpart 1—Registration of political parties

Subpart 1 heading: inserted, on 25 March 2014, by section 5 of the Electoral Amendment Act 2014 (2014 No 8).

62 Register of Political Parties

(1)

Subject to this Part, an eligible political party may be registered for the purposes of this Act.

(2)

The Electoral Commission shall establish and maintain a Register, to be known as the Register of Political Parties, containing a list of the political parties registered under this Part.

63 Application for registration

(1)

An application for the registration of an eligible political party may be made to the Electoral Commission—

(a)

by the secretary of the party; or

(b)

by any member of Parliament who is a current financial member of that party.

(2)

An application for the registration of an eligible political party—

(a)

shall be in writing; and

(b)

shall be signed by the applicant; and

(c)

must—

(i)

set out the name of the party; and

(ii)

if the party wishes to be able to use for the purposes of this Act an abbreviation of its name, set out the name of that abbreviation; and

(iii)

set out the name and address of the applicant and the capacity in which he or she makes the application; and

(iv)

if the applicant is not the secretary of the party, set out the name and address of the secretary of the party; and

(v)

set out the name and address of the person eligible under section 206K who is to be appointed as the auditor of the party, and be accompanied by that person’s signed consent to the appointment; and

(vi)

be accompanied by evidence, in a form approved by the Electoral Commission, that the party has at least 500 current financial members who are eligible to enrol as electors; and

(vii)

be accompanied by a declaration, made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957 that the party has at least 500 current financial members who are eligible to enrol as electors; and

(viii)
[Repealed]

(ca)

must be accompanied by a declaration made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957, which declaration must state that the party intends, at general elections,—

(i)

to submit a list of candidates under section 127; or

(ii)

to have 1 or more constituency candidates stand for the party or for a related political party; or

(iii)

both; and

(d)

shall be accompanied by a declaration made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957, which declaration shall—

(i)

state whether the party is a party in respect of which there are 1 or more component parties; and

(ii)

where the party has 1 or more component parties, state the name of each component party; and

(e)

must be accompanied by the application fee payable under section 63A.

(3)

Upon receipt of an application for the registration of a political party, the Electoral Commission shall deal with the application in accordance with this Part and determine whether the party can be registered.

(4)

Notwithstanding subsection (3), the Electoral Commission shall not be obliged to deal with any application for registration if it receives notice in writing withdrawing the application from a person entitled to apply for the registration of that party and the Electoral Commission is satisfied that the application is made by that person on behalf of the party.

(5)

[Repealed]

Section 63(2)(c): substituted, on 28 February 2002, by section 13(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 63(2)(c)(v): amended, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

Section 63(2)(c)(viii): repealed, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

Section 63(2)(ca): inserted, on 28 February 2002, by section 13(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 63(2)(d): added, on 6 December 1995, by section 15(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 63(2)(d)(ii): amended, on 25 March 2014, by section 6(1) of the Electoral Amendment Act 2014 (2014 No 8).

Section 63(2)(e): inserted, on 25 March 2014, by section 6(2) of the Electoral Amendment Act 2014 (2014 No 8).

Section 63(4): added, on 6 December 1995, by section 15(3) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 63(5): repealed, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

63A Application fee

(1)

The fee payable on making an application under section 63 is $500 (inclusive of goods and services tax).

(2)

The fee must be paid by—

(a)

direct credit to a bank account nominated by the Electoral Commission; or

(b)

bank cheque.

Section 63A: replaced, on 25 March 2014, by section 7 of the Electoral Amendment Act 2014 (2014 No 8).

64 Times when registration prohibited

(1)

At no time in the period that, in relation to a general election,—

(a)

commences on the date beginning with the issue of the writ for the election of members of Parliament for all electoral districts within New Zealand; and

(b)

ends with the day appointed as the latest day for the return of the writ containing the names of constituency candidates who are elected,—

shall action be taken in relation to any application for the registration of a political party.

(2)

[Repealed]

Section 64: substituted, on 6 December 1995, by section 17 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 64(1): amended, on 25 March 2014, by section 8(1) of the Electoral Amendment Act 2014 (2014 No 8).

Section 64(1)(a): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 64(1)(b): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 64(2): repealed, on 25 March 2014, by section 8(2) of the Electoral Amendment Act 2014 (2014 No 8).

65 Parties with certain names not to be registered

The Electoral Commission shall refuse an application for the registration of a political party if, in its opinion, the name of the party or any proposed abbreviation—

(a)

is indecent or offensive; or

(b)

is excessively long; or

(c)

is likely to cause confusion or mislead electors; or

(d)

contains any reference to a title or honour or similar form of identification.

65A Certain logos not to be registered
[Repealed]

Section 65A: repealed, on 25 March 2014, by section 9 of the Electoral Amendment Act 2014 (2014 No 8).

66 Other grounds on which registration may be refused

(1)

The Electoral Commission shall refuse an application for the registration of a political party if—

(a)

the application does not comply with section 63; or

(b)

if it is satisfied that the party does not have 500 current financial members who are eligible to enrol as electors.

(2)

Unless section 65 or subsection (1) applies, the Electoral Commission shall, subject to section 64, register the political party that is the subject of the application.

(3)

[Repealed]

Section 66(1)(b): substituted, on 6 December 1995, by section 19 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 66(3): repealed, on 28 February 2002, by section 15 of the Electoral Amendment Act 2002 (2002 No 1).

67 Registration

(1)

Where the Electoral Commission determines that a political party should be registered, the Electoral Commission shall—

(a)

register the party by entering in the Register—

(i)

the name of the party; and

(ii)

if an abbreviation of the name of the party was set out in the application, that abbreviation; and

(iii)

the names of any separate political parties that are component parties of the party; and

(b)

give written notice to the applicant that the Electoral Commission has registered the party; and

(c)

cause notice of the registration of the party, including details of any component parties of the party, to be published in the Gazette.

(d)
[Repealed]

(2)

Where the Electoral Commission determines that an application for the registration of a political party should be refused, the Commission shall, as soon as reasonably practicable, and in any case not later than 10 working days after the date of the determination, give the applicant written notice that the Commission has refused the application, setting out the reasons for the refusal.

(3)

It shall be the duty of the secretary of any political party registered under this Act—

(a)

to supply the Electoral Commission with an address for service of all correspondence under this Part; and

(b)

to notify the Electoral Commission of any changes in the address for service of correspondence; and

(c)

to notify the Electoral Commission whenever a new secretary of the party is appointed; and

(d)

to notify the Electoral Commission if the number of current financial members of the party who are eligible to enrol as electors falls below 500; and

(e)

subject to subsection (4), to notify the Electoral Commission by way of a declaration in the manner provided by section 9 of the Oaths and Declarations Act 1957 whenever there is any change in the details recorded in the Register of Political Parties in respect of the party under subsection (1)(a)(iii); and

(f)
[Repealed]

(4)

[Repealed]

Section 67: substituted, on 6 December 1995, by section 20 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 67(1)(c): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 67(1)(d): repealed, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 67(3)(e): amended, on 28 February 2002, by section 16 of the Electoral Amendment Act 2002 (2002 No 1).

Section 67(3)(f): repealed, on 20 December 2007, by section 13 of the Electoral Amendment Act 2007 (2007 No 113).

Section 67(4): repealed, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

67A Registration of party logos
[Repealed]

Section 67A: repealed, on 25 March 2014, by section 10 of the Electoral Amendment Act 2014 (2014 No 8).

68 Inspection of Register

Members of the public shall be entitled to inspect the Register of Political Parties without payment at any time between 9 am and 5 pm on any day on which the office of the Electoral Commission is open.

Section 68: amended, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

68A Inspection of party logos
[Repealed]

Section 68A: repealed, on 25 March 2014, by section 11 of the Electoral Amendment Act 2014 (2014 No 8).

69 Changes to Register of Political Parties

(1)

A person described in section 63(1) may, on behalf of a political party, apply to the Electoral Commission to—

(a)

change the name of the party:

(b)

change the abbreviation of the name of the party.

(2)

Section 63 (except subsection (2)(e)) and sections 64 to 67 apply to that application with any necessary modifications.

Section 69: replaced, on 25 March 2014, by section 12 of the Electoral Amendment Act 2014 (2014 No 8).

69A Changes to party logos
[Repealed]

Section 69A: repealed, on 25 March 2014, by section 13 of the Electoral Amendment Act 2014 (2014 No 8).

70 Cancellation of registration

(1)

The Electoral Commission shall cancel the registration of a political party at the request of one of the persons specified in section 63(1) if satisfied that the request for cancellation is made by the applicant on behalf of the party.

(1A)

The provisions of section 64, with any necessary modifications, apply to every request under subsection (1).

(2)

The Electoral Commission shall cancel the registration of any political party on being satisfied that the number of current financial members of the party who are eligible to enrol as electors has fallen below 500.

(2A)

For the purposes of exercising the powers conferred on it by subsection (2), the Electoral Commission may require a political party to supply to it a list of the party’s current financial members within any reasonable time that the Electoral Commission specifies.

(3)

Where the Electoral Commission cancels the registration of any political party, it shall, as soon as reasonably practicable, and in any event not later than 10 working days after the date of the cancellation,—

(a)

give, where the cancellation was effected under subsection (1), written notice of the cancellation to both the applicant for cancellation and the secretary of the political party:

(b)

give, where the cancellation was effected under subsection (2), written notice of the cancellation to the secretary or the last-known secretary of the political party, which written notice shall set out the reasons for the cancellation:

(c)

cause notice of the cancellation to be published in the Gazette.

Section 70(1): substituted, on 6 December 1995, by section 24 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 70(1A): inserted, on 28 February 2002, by section 17(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 70(2): substituted, on 6 December 1995, by section 24 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 70(2A): inserted, on 28 February 2002, by section 17(2) of the Electoral Amendment Act 2002 (2002 No 1).

70A Cancellation of registration of party logo
[Repealed]

Section 70A: repealed, on 25 March 2014, by section 14 of the Electoral Amendment Act 2014 (2014 No 8).

71 Requirement for registered parties to follow democratic procedures in candidate selection

Every political party that is for the time being registered under this Part shall ensure that provision is made for participation in the selection of candidates representing the party for election as members of Parliament by—

(a)

current financial members of the party who are or would be entitled to vote for those candidates at any election; or

(b)

delegates who have (whether directly or indirectly) in turn been elected or otherwise selected by current financial members of the party; or

(c)

a combination of the persons or classes of persons referred to in paragraphs (a) and (b).

71A Obligation to provide annual declaration regarding party

The secretary of any political party registered under this Act must ensure that the Electoral Commission receives by 30 April in each year a declaration made by the secretary in the manner provided by section 9 of the Oaths and Declarations Act 1957, which declaration must—

(a)

state that the party intends, at general elections,—

(i)

to submit a list of candidates under section 127; or

(ii)

to have 1 or more constituency candidates stand for the party or for a related political party; or

(iii)

both; and

(b)

state whether the party has at least 500 current financial members who are eligible to enrol as electors.

Section 71A: inserted, on 28 February 2002, by section 19(1) of the Electoral Amendment Act 2002 (2002 No 1).

71B Obligation to provide copy of party membership rules and candidate selection rules

(1)

The secretary of any political party registered under this Act must supply the Electoral Commission with the following:

(a)

a copy of the rules governing membership of the party:

(b)

a copy of the rules governing the selection of persons to represent that party as candidates for election as members of Parliament:

(c)

a copy of any changes to the rules referred to in paragraph (a) or paragraph (b).

(2)

The copies required by subsection (1)(a) and (b) must be supplied within 1 month after notice of the registration of the party is notified in the Gazette in accordance with section 67(1)(c).

(3)

The copies required by subsection (1)(c) must be supplied within 1 month after the date on which the changes to the rules are adopted by the party.

(4)

Members of the public are entitled to inspect the documents supplied to the Electoral Commission under this section. They may inspect them, without payment, at any time between 9 am and 5 pm on any day on which the office of the Electoral Commission is open.

Section 71B: inserted, on 28 February 2002, by section 19(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 71B(4): amended, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Subpart 2—Registration of party logos

Subpart 2: inserted, on 25 March 2014, by section 15 of the Electoral Amendment Act 2014 (2014 No 8).

71C Application for registration of party logo

(1)

An application may be made to the Electoral Commission to register the logo of a political party if the political party—

(a)

is registered under subpart 1; or

(b)

is unregistered, but an application has been made under subpart 1 to register that party and that application has not been determined by the Electoral Commission.

(2)

An application to register a party logo—

(a)

may be made by—

(i)

the secretary of the party; or

(ii)

any member of Parliament who is a current financial member of the party; and

(b)

must—

(i)

be in writing; and

(ii)

be signed by the applicant; and

(iii)

be accompanied by—

(A)

2 identical representations of the party logo in a form satisfactory to the Electoral Commission that show the parts of the logo that are to be in colour and the PMS (Pantone Matching System) colours that are to be used for those parts when the logo is reproduced on the ballot paper; and

(B)

a black and white reproduction of the party logo in a form satisfactory to the Electoral Commission; and

(iv)

be accompanied by a declaration, made by the applicant in the manner provided for by section 9 of the Oaths and Declarations Act 1957, that the use of the logo by the political party will not be an infringement of an intellectual property right of any person, or a breach of any enactment; and

(v)

set out—

(A)

the name and address of the applicant, and the capacity in which he or she makes the application; and

(B)

the name and address of the secretary of the political party, if the applicant is not the secretary of the political party.

(3)

On receipt of an application to register a party logo, the Electoral Commission must deal with the application in accordance with this subpart and determine whether to register the party logo.

(4)

Subsection (3) does not apply if, before determining whether to register a party logo, the Electoral Commission—

(a)

receives from any person described in subsection (2)(a) written notice that the application to register the party logo is withdrawn; and

(b)

is satisfied the written notice is given by that person on behalf of the party.

Section 71C: inserted, on 25 March 2014, by section 15 of the Electoral Amendment Act 2014 (2014 No 8).

71D Grounds on which registration refused

(1)

The Electoral Commission must refuse an application to register the logo of a political party if—

(a)

the Electoral Commission has determined that the political party’s application for registration should be refused (in the case of an application made under section 71C(1)(b)); or

(b)

the application does not comply with—

(c)

the Electoral Commission has reasonable cause to believe that the declaration accompanying the application under section 71C(2)(b)(iv) is not correct; or

(d)

the Electoral Commission is of the opinion that the logo—

(i)

is indecent; or

(ii)

is offensive; or

(iii)

is likely to cause confusion or mislead electors; or

(iv)

contains any reference to a title or an honour or a similar form of identification.

(2)

If the Electoral Commission refuses an application to register the logo of a political party, the Electoral Commission must, as soon as is reasonably practicable, and in any case not later than 10 working days after the date of refusal, give the applicant written notice of—

(a)

the refusal; and

(b)

the reasons for the refusal.

Section 71D: inserted, on 25 March 2014, by section 15 of the Electoral Amendment Act 2014 (2014 No 8).

71E Times when registration of party logos prohibited

No action may be taken in relation to any application made under section 71C during the period that,—

(a)

in relation to a general election,—

(i)

commences on the date beginning with the issue of the writ for the election of members of Parliament for all electoral districts within New Zealand; and

(ii)

ends with the day appointed as the latest day for the return of the writ containing the names of constituency candidates who are elected; and

(b)

in relation to a by-election,—

(i)

commences on the date beginning with the issue of the writ for the by-election; and

(ii)

ends with the day appointed as the latest day for the return of the writ for the by-election.

Section 71E: inserted, on 25 March 2014, by section 15 of the Electoral Amendment Act 2014 (2014 No 8).

71F Registration of party logos

If, on receipt of an application under section 71C, the Electoral Commission determines to register the logo of a political party, the Electoral Commission must—

(a)

register the logo of the political party in the Register of Political Parties established under section 62(2); and

(b)

give written notice of the registration to the applicant; and

(c)

arrange for the registration to be published in the Gazette.

Section 71F: inserted, on 25 March 2014, by section 15 of the Electoral Amendment Act 2014 (2014 No 8).

71G Inspection of party logos

The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every party logo that is, or has been, registered in the Register of Political Parties.

Section 71G: inserted, on 25 March 2014, by section 15 of the Electoral Amendment Act 2014 (2014 No 8).

71H Changes to party logos

(1)

A person described in section 71C(2)(a) may, on behalf of a party whose logo has been registered, apply to the Electoral Commission to—

(a)

vary the form of the party logo; or

(b)

substitute a new party logo; or

(c)

amend the party logo to refer to the new name of the party in any case where there has been a change in the party name.

(2)

Sections 71C to 71F apply, with any necessary modifications, to an application made under subsection (1).

Section 71H: inserted, on 25 March 2014, by section 15 of the Electoral Amendment Act 2014 (2014 No 8).

71I Cancellation of registration of party logo

(1)

The Electoral Commission must cancel the registration of the logo of a political party if—

(a)

a person described in section 71C(2)(a) applies to cancel the registration of the logo and the Electoral Commission is satisfied that the application is made on behalf of the political party; or

(b)

the registration of the political party is cancelled under section 70; or

(c)

the Electoral Commission is satisfied that the use of the logo by the political party constitutes an infringement of an intellectual property right or a breach of an enactment.

(2)

Section 71E applies, with any necessary modifications, to an application made under subsection (1)(a).

(3)

If the Electoral Commission cancels the registration of the logo of a political party, the Electoral Commission must, as soon as is reasonably practicable and in any case not later than 10 working days after the date of cancellation,—

(a)

give written notice of the cancellation and the reasons for the cancellation to—

(i)

the applicant, if the registration of the logo was cancelled under subsection (1)(a) on the application of a person described in section 71C(2)(a)(ii); and

(ii)

the secretary of the political party; and

(b)

arrange for the cancellation to be published in the Gazette.

Section 71I: inserted, on 25 March 2014, by section 15 of the Electoral Amendment Act 2014 (2014 No 8).

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).

73 Meaning of permanent resident of New Zealand

For the purposes of this Act, a person is a permanent resident of New Zealand if, and only if, that person—

(a)

resides in New Zealand; and

(b)

is not—

(i)

a person to whom section 15 or 16 of the Immigration Act 2009 applies; or

(ii)

a person obliged by or under that Act to leave New Zealand immediately or within a specified time; or

(iii)

treated for the purposes of that Act as being unlawfully in New Zealand.

Compare: 1956 No 107 s 38; 1980 No 29 s 10(1); 1987 No 74 s 151(1)

Section 73(a): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 73(b): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Qualification of electors

74 Qualification of electors

(1)

Subject to the provisions of this Act, every adult person is qualified to be registered as an elector of an electoral district if—

(a)

that person is—

(i)

a New Zealand citizen; or

(ii)

a permanent resident of New Zealand; and

(b)

that person has at some time resided continuously in New Zealand for a period of not less than 1 year; and

(c)

that electoral district—

(i)

is the last in which that person has continuously resided for a period equalling or exceeding 1 month; or

(ii)

where that person has never resided continuously in any one electoral district for a period equalling or exceeding 1 month, is the electoral district in which that person resides or has last resided.

(2)

Where a writ has been issued for an election, every person—

(a)

who resides in an electoral district on the Monday before polling day; and

(b)

who would, if he or she continued to reside in that electoral district until the close of polling day, have continuously resided in that electoral district for a period equalling or exceeding 1 month,—

shall (whether or not he or she does so continue to reside in that electoral district) be deemed, for the purposes of subsection (1)(c), to have completed on that Monday a period of 1 month’s continuous residence in that electoral district.

Compare: 1956 No 107 s 39; 1983 No 104 s 3(1); 1985 No 150 s 2(1), (2)

75 Registration in respect of more than 1 electoral district

(1)

Subject to subsection (2), a person shall not be entitled to be registered as an elector of more than 1 electoral district.

(2)

Where an elector is qualified to be registered as an elector of an electoral district, his or her registration as an elector of that district shall not be invalid by reason only of the fact that at the time of that registration he or she was registered as an elector of a district for which he or she was not, or was no longer, qualified to be registered.

(3)

Notwithstanding that the validity of the registration of an elector of an electoral district is preserved by subsection (2), for the purposes of section 60, such an elector is not qualified, by virtue of that registration, to vote at an election unless, when the elector votes, he or she is no longer registered as an elector of another electoral district.

Compare: 1956 No 107 s 40; 1983 No 104 s 4

76 Maori option

(1)

Subject to this section and to sections 77 to 79, a Maori who possesses the qualifications prescribed in that behalf by this Act shall have the option of being registered either as an elector of a Maori electoral district or as an elector of a General electoral district.

(2)

Every such option shall be exercised—

(a)

at the time the Maori first qualifies and applies to be registered as an elector of any electoral district; or

(b)

in the case of a Maori who was not registered as an elector of any electoral district on the first day of the period last specified in a notice published under section 77(2), on the first subsequent application for registration as an elector; or

(c)

in any other case, in accordance with section 77 or section 78.

Compare: 1956 No 107 s 41; 1980 No 29 s 12(1); 1981 No 120 s 14(1)

77 Periodic exercise of Maori option and determination of Maori population

(1)

Every elector who is a Maori may exercise periodically, in accordance with this section, the option given by section 76(1).

(2)

The Minister shall, in accordance with this section, specify from time to time, by notice in the Gazette, a period of 4 months during which any Maori may exercise the option given by section 76(1).

(3)

The Minister shall, as soon as practicable after the commencement of this section, and in accordance with section 269(2), publish the first notice under subsection (2).

(4)

Subject to subsections (3) and (5) and to section 269(2), the Minister shall, in every year that a quinquennial census of population is taken, but in no other year, publish a notice under subsection (2).

(5)

Notwithstanding subsection (4), where a Parliament is due to expire in a year in which a quinquennial census of population is to be taken, the Minister shall not, in that year, publish a notice under subsection (2), but shall instead, in the year following the year in which the quinquennial census of population is taken, publish such a notice.

(6)

For the purpose of enabling the Government Statistician to calculate the Maori electoral population, the Electoral Commission shall, as soon as practicable after the last day of each period specified in a notice published under subsection (2), supply to the Government Statistician—

(a)

the total number of persons registered as electors of the Maori electoral districts as at the close of that last day; and

(b)

the total number of persons registered as electors of the General electoral districts, who, as at the close of that last day, are recorded as having given written notice to the Registrar that they are persons of New Zealand Maori descent; and

(c)

the total number of persons whose names are shown on the dormant rolls maintained under section 109 for the Maori electoral districts; and

(d)

the total number of persons whose names are shown on the dormant rolls maintained under section 109 for General electoral districts who are recorded as having given written notice that they are persons of New Zealand Maori descent.

Compare: 1956 No 107 s 41A; 1980 No 29 s 12(1); 1981 No 120 s 15; 1990 No 1 s 8

Section 77(2): amended, on 2 September 1996, by section 2 of the Electoral Amendment Act (No 3) 1996 (1996 No 154).

Section 77(6): amended, on 1 July 2012, by section 52(17)(b) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 77(6)(b): amended, on 18 March 2002, by section 20 of the Electoral Amendment Act 2002 (2002 No 1).

Section 77(6)(c): inserted, on 18 March 2002, by section 20 of the Electoral Amendment Act 2002 (2002 No 1).

Section 77(6)(d): added, on 18 March 2002, by section 20 of the Electoral Amendment Act 2002 (2002 No 1).

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 Registrar must send by post on the first day of an option period a notice in the prescribed form 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 Registrar 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 Registrar 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 Registrar:

(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)

On receipt of any advice under subsection (5), the Registrar must send that advice to the Registrar in whose district the Maori resides.

(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 a Registrar under subsection (5)(a) is received by the Registrar 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 a Registrar under subsection (5)(a) is received by the Registrar within the option period but that notice does not comply with the requirements for signing and dating, the Registrar 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 a Registrar of Electors.

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

79 Restriction on transfer between General and Maori electoral rolls

Except as provided in sections 76 to 78,—

(a)

no Maori may transfer from a General electoral roll to a Maori electoral roll or vice versa:

(b)

no Maori whose name has been removed from an electoral roll or who ceases to be qualified as an elector of an electoral district may be registered as an elector for a different type of electoral district.

Compare: 1956 No 107 s 41C; 1981 No 120 s 17

80 Disqualifications for registration

(1)

The following persons are disqualified for registration as electors:

(a)

a New Zealand citizen who (subject to subsection (3)) is outside New Zealand and has not been in New Zealand within the last 3 years:

(b)

a permanent resident of New Zealand (not being a New Zealand citizen) who (subject to subsection (3)) is outside New Zealand and has not been in New Zealand within the last 12 months:

(c)

a person who is detained in a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or in a secure facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, and to whom one of the following applies:

(i)

the person has been found by a court or a Judge to be unfit to stand trial within the meaning of the Criminal Procedure (Mentally Impaired Persons) Act 2003, or has been acquitted on account of his or her insanity, and (in either case) is detained under an order or direction under section 24 or section 31 or section 33 of that Act or under the corresponding provisions of the Criminal Justice Act 1985 and has been so detained for a period exceeding 3 years:

(ii)

the person has been found by a court, on conviction of any offence, to be mentally impaired, and is detained under an order made under section 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 or section 118 of the Criminal Justice Act 1985, and has been so detained for a period exceeding 3 years:

(iii)

the person is subject to, and has for a period exceeding 3 years been subject to, a compulsory treatment order made following an application under section 45(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or a compulsory care order made following an application under section 29(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003:

(iv)

the person is detained under section 46 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, and is a person to whom paragraph (d) would otherwise apply:

(d)

a person who is detained in a prison pursuant to a sentence of imprisonment imposed after the commencement of the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010:

(e)

a person whose name is on the Corrupt Practices List made out for any district.

(2)

The Registrar of the court in which any compulsory treatment order or any order under section 24 or section 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 is made or any person is convicted of a corrupt practice shall, not later than the fifth day of the month next succeeding the date of the order or conviction, forward to the Registrar of Electors of the electoral district in which the patient or offender was residing a certificate showing the name, place of abode, and description of the patient or offender and particulars of the order or conviction.

(3)

Nothing in subsection (1)(a) or (b) applies to—

(a)

a person, being—

(i)

a public servant or a member of the Defence Force; or

(ii)

a head of mission or head of post within the meaning of the Foreign Affairs Act 1988, who is outside New Zealand in the course of that person’s duties; or

(iii)

an officer or employee of New Zealand Trade and Enterprise established by the New Zealand Trade and Enterprise Act 2003; or

(b)

a person who—

(i)

is accompanying a person described in subparagraph (i) or subparagraph (ii) or subparagraph (iii) of paragraph (a) who is outside New Zealand in the course of that person’s duties; and

(ii)

is the spouse, civil union partner, de facto partner, or child of the person referred to in subparagraph (i), or the child of the spouse, civil union partner, or de facto partner of that person.

Compare: 1956 No 107 s 42; 1980 No 29 s 13(1); 1985 No 120 s 150(1); 1988 No 34 s 12(4); 1988 No 159 s 14(1); 1988 No 160 s 12(2)

Section 80(1)(c): substituted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 80(1)(d): substituted, on 16 December 2010, by section 4 of the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010 (2010 No 128).

Section 80(2): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 80(3)(a)(iii): amended, on 1 July 2003, by section 84 of the New Zealand Trade and Enterprise Act 2003 (2003 No 27).

Section 80(3)(b)(ii): substituted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

81 Detention in prison pursuant to sentence of imprisonment

(1)

Where a person who has been sentenced to imprisonment is received into a prison in which that person is to serve the whole or part of the sentence, the prison manager of that prison shall, not later than the seventh day after the day on which the prisoner is received into the prison, forward to the Electoral Commission a notice—

(a)

showing the name, previous residential address, and date of birth of that person; and

(b)

showing the name and address of the prison.

(c)
[Repealed]

(2)

The Electoral Commission shall, on receiving a notice under subsection (1), forward a copy of that notice to the appropriate Registrar of Electors.

(3)

In subsection (1), prison manager has the meaning given to it by section 3(1) of the Corrections Act 2004.

Compare: 1956 No 107 s 42A; 1990 No 1 s 10

Section 81 heading: amended, on 16 December 2010, by section 5(1) of the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010 (2010 No 128).

Section 81 heading: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 81(1): amended, on 1 July 2012, by section 52(16)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 81(1): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 81(1): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 81(1)(b): amended, on 16 December 2010, by section 5(2) of the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010 (2010 No 128).

Section 81(1)(b): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 81(1)(c): repealed, on 16 December 2010, by section 5(3) of the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010 (2010 No 128).

Section 81(2): amended, on 1 July 2012, by section 52(16)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 81(3): added, on 16 December 2010, by section 5(4) of the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010 (2010 No 128).

Registration

82 Compulsory registration of electors

(1)

A person who is qualified to be registered as an elector of any electoral district and who is in New Zealand must apply to a Registrar of Electors for registration as an elector—

(a)

within 1 month after the date on which he or she first becomes qualified to be registered as an elector:

(b)

within 1 month after the date on which he or she ceases to be registered as an elector by reason of the inclusion of his or her name on the dormant roll under section 89G.

(2)

Any person aged 17 years or older, but under 18 years, may apply to a Registrar of Electors for registration as an elector, and that person is not then required to apply for registration as an elector on attaining the age of 18 years.

(3)

A person who is qualified to be registered as an elector of any electoral district and who is outside New Zealand may apply at any time to a Registrar of Electors for registration as an elector.

(4)

Where a Maori is qualified to be registered as an elector of both a Maori electoral district and a General electoral district, that person may apply for registration as an elector of only one of those districts, being the district in respect of which that person has exercised his or her option under section 76.

(5)

A person commits an offence against this section who, being required by this section to apply for registration as an elector during any period, knowingly and wilfully fails to apply.

(6)

A person who applies for registration as an elector is not liable to prosecution for his or her earlier failure to apply for registration as an elector.

(7)

A person who commits an offence against this section is liable on conviction to a fine not exceeding—

(a)

$100 on a first conviction; and

(b)

$200 on a second or subsequent conviction.

Section 82: replaced, on 25 March 2014, by section 17 of the Electoral Amendment Act 2014 (2014 No 8).

83 Application for registration

(1)

An application for registration as an elector may be made to a Registrar of Electors—

(a)

in writing, by completing and signing the prescribed form and returning it to the Registrar of Electors; or

(b)

in an approved electronic medium, by providing the information necessary to complete the prescribed form.

(2)

An application for registration as an elector must state, in respect of the person making the application,—

(a)

the person’s full name; and

(b)

the person’s date of birth; and

(c)

the place of residence in respect of which registration is claimed, specified in a manner that enables it to be clearly identified; and

(d)

the person’s postal address, if different from the address given under paragraph (c); and

(e)

the person’s occupation, if any; and

(f)

the honorific (if any) by which the person wishes to be addressed; and

(g)

whether or not the person is a Maori; and

(h)

any other particulars that are prescribed in regulations.

(3)

A Registrar of Electors may reject an application for registration as an elector if—

(a)

the application is made under subsection (1)(a) and the prescribed form is not—

(i)

signed; or

(ii)

completed with the details specified in subsection (2)(a), (b), (c), and (h); or

(b)

the application is made under subsection (1)(b) and the information provided does not include the details specified in subsection (2)(a), (b), (c), and (h).

(4)

If a person does not specify in his or her application whether he or she is a Maori, this Act applies as if the person had specified in his or her application that he or she is not a Maori.

(5)

An application for registration as an elector that is rejected by the Registrar of Electors is treated as not having been made.

(6)

Where it appears to a Registrar of Electors that a person who has applied for registration as an elector in an electoral district is qualified to be registered as an elector in another electoral district, the Registrar must immediately send that person’s application to the Registrar of Electors of that other district.

Section 83: replaced, on 25 March 2014, by section 17 of the Electoral Amendment Act 2014 (2014 No 8).

83A Procedure following inquiry under section 83
[Repealed]

Section 83A: repealed, on 25 March 2014, by section 17 of the Electoral Amendment Act 2014 (2014 No 8).

83B No form of inquiry required if application for registration as elector received
[Repealed]

Section 83B: repealed, on 25 March 2014, by section 17 of the Electoral Amendment Act 2014 (2014 No 8).

83C Elector who cannot be contacted to be included in dormant roll
[Repealed]

Section 83C: repealed, on 25 March 2014, by section 17 of the Electoral Amendment Act 2014 (2014 No 8).

83D Transfer of electors between electorates
[Repealed]

Section 83D: repealed, on 25 March 2014, by section 17 of the Electoral Amendment Act 2014 (2014 No 8).

84 Registration of persons outside New Zealand

A person who is outside New Zealand may apply for registration as an elector under section 83 through a representative, and section 86 applies with any necessary modifications.

Section 84: replaced, on 25 March 2014, by section 17 of the Electoral Amendment Act 2014 (2014 No 8).

85 Registration of persons who have physical or mental impairment

A person who has a physical or mental impairment may apply for registration as an elector under section 83 through a representative, and section 86 applies with any necessary modifications.

Section 85: replaced, on 25 March 2014, by section 17 of the Electoral Amendment Act 2014 (2014 No 8).

86 Representatives

(1)

A representative acting on behalf of a person must, when making any application or giving any notification, provide a statement that—

(a)

sets out the capacity in which he or she is acting; and

(b)

confirms that he or she is duly authorised to act in making that application or providing that information.

(2)

A statement under subsection (1) must be provided—

(a)

in writing, by completing and signing a form approved for the purpose by the Electoral Commission; or

(b)

in an approved electronic medium, by providing the information necessary to complete the form.

Section 86: replaced, on 25 March 2014, by section 17 of the Electoral Amendment Act 2014 (2014 No 8).

87 Procedure if immigration status means applicant apparently not qualified to be registered

(1)

This section applies in accordance with section 263A(6)(a) if the Electoral Commission under section 263A(5) advises the Registrar of an electoral district that a comparison carried out pursuant to section 263A(4) indicates that a person who has applied to be (but is not yet) registered as an elector of the electoral district is a person who the chief executive of the responsible department (as defined in section 263A(1)) believes is—

(a)

unlawfully in New Zealand; or

(b)

a person who is lawfully in New Zealand but only by virtue of being the holder of a temporary entry class visa of whatever type.

(2)

When this section applies the Registrar must comply with subsections (3) to (5) before determining under section 87 whether the applicant for registration as an elector is qualified to be registered.

(3)

The Registrar must within 5 working days of receiving that advice deliver to the applicant for registration personally, or send by post to that person, a written notice (in this section referred to as a or the notice) communicating—

(a)

the advice that the Registrar received under section 263A(5) in respect of the applicant; and

(b)

that the Registrar may determine that the applicant’s immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to the Registrar by or on behalf of the applicant within 5 working days after the applicant receives the notice.

(4)

If no response to the notice is made to the Registrar by or on behalf of the applicant within 10 working days of the notice being delivered to the applicant personally, or sent by post to that person, the Registrar must promptly deliver to the applicant for registration personally, or send by post to that person, a written notice (in this section referred to as a or the further notice) communicating—

(a)

the advice that the Registrar received under section 263A(5) in respect of the applicant; and

(b)

the fact that, and the date on which, a notice was delivered to the applicant personally, or sent by post to that person; and

(c)

that the Registrar may determine that the applicant’s immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to the Registrar by or on behalf of the applicant within 5 working days after the applicant receives the further notice.

(5)

The Registrar may determine under section 87 whether the applicant for registration as an elector is qualified to be registered only—

(a)

after considering any response to the notice or a further notice made to the Registrar by or on behalf of the applicant within 5 working days after the notice or a further notice was delivered to the applicant personally, or received by that person by post; or

(b)

if no response to a further notice is made to the Registrar by or on behalf of the applicant within 10 working days of the further notice being delivered personally to the applicant, or received by that person by post.

(6)

A notice or further notice purportedly sent to the applicant by post—

(a)

is, in the absence of proof to the contrary, treated as having been received by that person by post on the fourth working day after the day on which it is sent by post; and

(b)

is treated as sent by post to that person on a day if it is proved to have been properly addressed to that person and to have been submitted on that day to a person for the time being registered as a postal operator under the Postal Services Act 1998 for postage to that person.

(7)

If, after complying with subsections (3) to (5), the Registrar determines under section 87 that the applicant for registration as an elector is not qualified to be registered, the Registrar must deliver to the applicant for registration personally, or send by post to that person, a written notice communicating the determination.

Section 87 (former section 87A): renumbered, on 25 March 2014, by section 19 of the Electoral Amendment Act 2014 (2014 No 8).

Section 87: inserted, as section 87A, on 17 August 2011, by section 10 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 87(1): amended, on 1 July 2012, by section 52(17)(g) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

88 Applications received after issue of writ

(1)

Where a writ has been issued requiring the conduct of an election in a district, then, subject to subsections (2) and (3), the Registrar shall not, at any time in the period beginning on polling day and ending with the day of the return of the writ, register any application for registration as an elector that the Registrar receives on or after polling day.

(2)

For the purposes of subsection (1), an application for registration shall be deemed to have been received before polling day if—

(a)

the application or the envelope in which it is contained bears a postmark or date stamp impressed at any New Zealand Post outlet or agency before polling day; or

(b)

the applicant for registration produces a receipt which relates to the application and which was issued by any New Zealand Post outlet or agency before polling day.

(c)
[Repealed]

(3)

Where any person applies for registration after a writ has been issued requiring the conduct of an election in a district and before polling day,—

(a)

the Registrar shall, if the Registrar is satisfied that that person is qualified to be registered, forthwith enter the name of that person on the electoral roll; and

(b)

the Registrar shall not be required to enter the name of that person on the main roll or any supplementary roll or composite roll used at that election; and

(c)

that person may, at that election, vote only by way of a special vote.

Section 88: substituted, on 6 December 1995, by section 27 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 88(1): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 88(2)(b): amended, on 25 March 2014, by section 20(1) of the Electoral Amendment Act 2014 (2014 No 8).

Section 88(2)(c): repealed, on 25 March 2014, by section 20(2) of the Electoral Amendment Act 2014 (2014 No 8).

Section 88(3): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

89 Procedure following application for registration

(1)

If the Registrar is satisfied that any applicant for registration as an elector (whether by transfer from another district, or otherwise) is qualified to be registered, he or she shall forthwith enter the name of the applicant on the roll.

(2)

Where it appears to the Registrar that an applicant who is a Maori is prevented, by the manner in which he or she last exercised the option given by section 76, from being registered as an elector of the district to which his or her application relates, the Registrar shall forthwith send the application to the Registrar of the district in respect of which the applicant is entitled to be registered and shall notify the elector of his or her reasons for refusing the application and of the Registrar to whom the application has been sent.

(3)

Where an application for registration as an elector has been received before the issue of a writ and it has not been possible for the Registrar to ascertain, at the time of the issue of the writ, whether the applicant is currently registered as an elector of another electoral district, the Registrar shall, subject to subsection (4), include the name of the applicant on any main, supplementary, or composite roll printed as at writ day.

(4)

Notwithstanding anything in this Act, where the Registrar has, under subsection (3), included the name of any person on any main, supplementary, or composite roll printed as at writ day, the Registrar shall, within 6 days after writ day determine, either—

(a)

to enter the name of the applicant on the electoral roll; or

(b)

to delete the name of the applicant from that main, supplementary, or composite roll.

Compare: 1956 No 107 s 49(1), (4), (5); 1980 No 29 s 17(1); 1981 No 120 s 21

Section 89 (former section 87): renumbered, on 25 March 2014, by section 18 of the Electoral Amendment Act 2014 (2014 No 8).

Former section 89: repealed, on 25 March 2014, by section 21 of the Electoral Amendment Act 2014 (2014 No 8).

89A Notice of registration

The Registrar must, not later than 14 days after the registration of a person as an elector, deliver to that person personally, or send to that person by post, written notice of the registration.

Section 89A: inserted, on 25 March 2014, by section 22 of the Electoral Amendment Act 2014 (2014 No 8).

Change of address

Heading: inserted, on 25 March 2014, by section 22 of the Electoral Amendment Act 2014 (2014 No 8).

89B Elector must give notice of change of place of residence within electoral district

(1)

This section applies to an elector who, being registered as an elector of an electoral district, changes his or her place of residence within that district.

(2)

The elector must, within 2 months after the date on which he or she changed his or her place of residence, give notice of—

(a)

the change of his or her place of residence; and

(b)

the address of the new place of residence.

(3)

Notice under subsection (2) must be given—

(a)

in writing to the Registrar for the electoral district in which the elector resides; or

(b)

in an approved electronic medium.

(4)

An elector who has a physical or mental impairment may give notice under subsection (2) through a representative, and section 86 applies with any necessary modifications.

(5)

On receiving a notice under subsection (2), a Registrar must—

(a)

amend the roll to record the change in the elector’s place of residence; and

(b)

give confirmation to the elector, in accordance with section 94A, of that amendment.

(6)

An elector who knowingly and wilfully fails to comply with subsection (2)—

(a)

commits an offence and is liable on conviction to a fine—

(i)

not exceeding $50 on a first conviction; and

(ii)

not exceeding $100 on any subsequent conviction; but

(b)

is not, by reason only of that failure, disqualified from voting at an election in the electoral district in which he or she is registered.

(7)

Despite subsection (6), an elector who gives notice of the matters specified in subsection (2) after the expiry of the period referred to in that subsection but before the commencement of a prosecution is not liable for prosecution for his or her earlier failure to give notice.

Section 89B: inserted, on 25 March 2014, by section 22 of the Electoral Amendment Act 2014 (2014 No 8).

89C Elector must give notice of change of place of residence to different electoral district

(1)

This section applies to an elector who, being registered as an elector of an electoral district, changes his or her place of residence to a different electoral district (the new electoral district).

(2)

After continuously residing in the new electoral district for a period of 1 month, the elector must, before the end of a further 1-month period, give notice of—

(a)

the change in his or her place of residence; and

(b)

the address of his or her new place of residence.

(3)

Notice under subsection (2) must be given—

(a)

in an approved electronic medium; or

(b)

by applying, under section 83, to Registrar B for registration as an elector; or

(c)

in writing (personally, or through an agent) to—

(i)

Registrar B; or

(ii)

Registrar A.

(4)

An elector who has a physical or mental impairment may give notice under subsection (2) through a representative, and section 86 applies with any necessary modifications.

(5)

If notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(a), Registrar B must—

(a)

register that elector, in accordance with section 89, on roll B; and

(b)

give notice of that registration to—

(i)

the elector, in accordance with section 89A; and

(ii)

Registrar A, who must, in accordance with section 98(1)(a), remove the elector’s name from roll A.

(6)

If notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(b), Registrar B must—

(a)

deal with the application in accordance with sections 88 to 89A; and

(b)

if he or she registers the name of the elector on roll B, give notice of that registration to Registrar A, who must, in accordance with section 98(1)(a), remove the elector’s name from roll A.

(7)

If notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(c)(i), Registrar B must send that notification to Registrar A.

(8)

If notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(c)(ii), or if a notification is received by Registrar A under subsection (7), subsections (9) to (13) apply.

(9)

If Registrar A believes that at least 1 month has elapsed since the change in the elector’s place of residence, Registrar A must send to the elector a request for confirmation of the elector’s new place of residence.

(10)

A request under subsection (9) must be made—

(a)

in writing, in the prescribed form, and contain—

(i)

the particulars of the enrolment of the elector to whom it is addressed; and

(ii)

the address of the elector’s new place of residence; and

(iii)

provision for the elector to make changes to the information referred to in subparagraphs (i) and (ii); or

(b)

in an approved electronic medium that enables the elector to make changes to—

(i)

the elector’s particulars of enrolment; and

(ii)

the particulars of the address of the elector’s new place of residence.

(11)

An elector who receives a request made pursuant to subsection (10)(a) must, within the time stated by Registrar A, complete and sign the form and return it to Registrar B.

(12)

An elector who receives a request made pursuant to subsection (10)(b) may respond to that request by sending to Registrar B in an approved electronic medium confirmation of his or her new place of residence.

(13)

After a form is returned under subsection (11) or a response is received under subsection (12), Registrar B must—

(a)

register that elector, in accordance with section 89, on roll B; and

(b)

give notice of that registration to—

(i)

the elector in accordance with section 89A; and

(ii)

Registrar A, who must, in accordance with section 98(1)(a), remove the elector’s name from roll A.

(14)

An elector who knowingly or wilfully fails to comply with subsection (2) commits an offence and is liable on conviction to a fine—

(a)

not exceeding $100 on a first conviction; and

(b)

not exceeding $200 on any subsequent conviction.

(15)

Despite subsection (14), an elector who gives notice of the matters specified in subsection (2) after the expiry of the period referred to in that subsection but before the commencement of a prosecution is not liable for prosecution for his or her earlier failure to give notice.

(16)

In this section,—

Registrar A, in relation to an elector, means the Registrar for the electoral district in which the elector previously resided

Registrar B, in relation to an elector, means the Registrar for the electoral district in which the elector currently resides

roll A, in relation to an elector, means the roll for the electoral district in which the elector previously resided

roll B, in relation to an elector, means the roll for the electoral district in which the elector currently resides.

Section 89C: inserted, on 25 March 2014, by section 22 of the Electoral Amendment Act 2014 (2014 No 8).

Updating of electoral rolls

Heading: inserted, on 25 March 2014, by section 22 of the Electoral Amendment Act 2014 (2014 No 8).

89D Inquiry to be made to update electoral rolls

(1)

Every Registrar must, at the times required by or under this section, direct an inquiry to be made in relation to the particulars on the roll for every person registered as an elector of the district.

(2)

An inquiry must be made,—

(a)

where practicable, within the period of 12 months ending with the day on which a Parliament is due to expire; and

(b)

at any other time directed by the Electoral Commission.

(3)

In any year in which a triennial general election of members of any local authority must be held under the Local Electoral Act 2001, every Registrar of a district that is, in part or in whole, within the local government area of a local authority must direct an inquiry to be made concerning the particulars on the roll of every person who—

(a)

is registered as an elector of that district; and

(b)

appears from those particulars to reside within that local government area.

(4)

If a roll that is not yet in force has been compiled under section 101(1), the inquiry directed to be made under this section must be in respect of that roll.

(5)

Every inquiry made under subsection (1) must—

(a)

be in the prescribed form; and

(b)

contain the particulars on the roll for the elector to whom it is addressed; and

(c)

require the elector, if any of those particulars have changed or are incorrect, to notify the Registrar by—

(i)

changing or correcting on the form where provided any particular that is wrong, and returning the form; or

(ii)

using an approved electronic medium to make any change or correction required to the particulars.

(6)

An elector who has a physical or mental impairment may give a notification required by subsection (5) through a representative, and section 86 applies with any necessary modifications.

(7)

For the purposes of this section,—

(a)

a person registered as an elector includes any person of or over the age of 17 years who has had an application to register as an elector accepted by a Registrar of Electors; and

(b)

the particulars contained in the application to register are the particulars on the roll for that person.

Section 89D: inserted, on 25 March 2014, by section 22 of the Electoral Amendment Act 2014 (2014 No 8).

89E No inquiry required if application for registration as elector received

If a Registrar receives, during an inquiry under section 89D(1), or within 28 days before the commencement of an inquiry under that section, a duly completed application for registration as an elector,—

(a)

that application is deemed to be a completed form for the purposes of section 89D; and

(b)

the Registrar must notify that elector that he or she will not receive an inquiry under section 89D.

Section 89E: inserted, on 25 March 2014, by section 22 of the Electoral Amendment Act 2014 (2014 No 8).

89F Procedure following inquiry under section 89D

(1)

If, following an inquiry under section 89D, the Registrar receives notice under section 89D(5)(c) that an elector has changed his or her place of residence and now resides in another electoral district,—

(a)

the Registrar must,—

(i)

in accordance with section 98(1)(a), remove the elector’s name from the roll for the district in which the elector previously resided; and

(ii)

ensure that the notification is sent to the Registrar for the new electoral district (the new Registrar); and

(b)

the notification is deemed to be an application for registration for the purposes of section 82; and

(c)

the new Registrar must register that elector, in accordance with section 89, on the roll for the district in which the elector resides.

(2)

If, following an inquiry under section 89D, the Registrar receives notice under section 89D(5)(c) of any change or correction to an elector’s particulars, other than a change of place of residence referred to in subsection (1), the Registrar must amend the elector’s particulars on the roll in accordance with that notification.

(3)

An elector remains on the roll and his or her particulars on the roll remain unchanged if—

(a)

the Registrar does not receive from the elector a form or information under section 89D(5)(c); or

(b)

the Registrar receives from the elector a form or information under section 89D(5)(c) with no changes.

(4)

A form that a person intends to return, or returns, under section 89D(5)(c)(i) must be signed and may be rejected for incompleteness, in accordance with subsections (1)(a), (2), and (3) of section 83 (which apply with all necessary modifications), as if the form were an application in respect of registration as an elector.

(5)

Information that an elector intends to supply, or supplies, electronically under section 89D(5)(c)(ii)

(a)

is not an application in respect of registration as an elector required by section 83(1)(a) to be signed; but

(b)

may be rejected for incompleteness under section 83(3) (which applies with all necessary modifications) if it does not include all the details specified in section 83(2)(a), (b), (c), and (h).

Section 89F: inserted, on 25 March 2014, by section 22 of the Electoral Amendment Act 2014 (2014 No 8).

89G Elector who cannot be contacted to be included in dormant roll

(1)

This section applies if—

(a)

a Registrar is notified that an inquiry made under section 89D(1) or a notice sent under section 78(2) cannot be delivered to the elector to whom it is addressed because the whereabouts of the elector are not known; or

(b)

at any other time, the elector cannot be contacted at the elector’s address on the roll.

(2)

If this section applies, a Registrar must—

(a)

make any inquiry as to the whereabouts of the elector that the Registrar thinks fit or that the Electoral Commission directs; and

(b)

if the Registrar is unable to contact the elector, remove the name of the elector from the roll and include the name in the dormant roll maintained under section 109.

Section 89G: inserted, on 25 March 2014, by section 22 of the Electoral Amendment Act 2014 (2014 No 8).

Changes of address[Repealed]

Heading: repealed, on 25 March 2014, by section 23 of the Electoral Amendment Act 2014 (2014 No 8).

90 Changes of address to be notified
[Repealed]

Section 90: repealed, on 25 March 2014, by section 23 of the Electoral Amendment Act 2014 (2014 No 8).

91 Effect of failure to notify change of address
[Repealed]

Section 91: repealed, on 25 March 2014, by section 23 of the Electoral Amendment Act 2014 (2014 No 8).

Death of registered elector

92 Notification of death of registered elector

(1)

The Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995 must, as soon as is reasonably practicable after the registration of the death of any person of or over the age of 17 years, notify the information described in subsection (2) to the Electoral Commission.

(2)

The information referred to in subsection (1) is the fact of the death, together with any particulars known to the Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995 that may be required to enable the Electoral Commission

(a)

to determine the electoral district in which the deceased person resided; and

(b)

to take appropriate steps in relation to the roll and other records.

Section 92: substituted, on 18 March 2002, by section 28(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 92(1): amended, on 1 July 2012, by section 52(16)(b) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 92(1): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 92(2): amended, on 1 July 2012, by section 52(5) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 92(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 92(2): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Marriage or civil union of registered elector

Heading: substituted, on 18 March 2002, by section 28(1) of the Electoral Amendment Act 2002 (2002 No 1).

Heading: amended, on 26 April 2005, by section 46 of the Civil Union Act 2004 (2004 No 102).

93 Notification of marriages and civil unions

(1)

In this section, Registrar-General means the Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995.

(2)

As soon as is reasonably practicable after the registration of a marriage under Part 7 of the Births, Deaths, Marriages, and Relationships Registration Act 1995, or the registration of a civil union under Part 7A of that Act, the Registrar-General must provide to the Electoral Commission the following information in respect of each of the parties to the marriage or civil union:

(a)

full name:

(b)

date of birth:

(c)

usual residential address:

(d)

date of marriage or civil union.

(3)

Subsection (4) applies if a party to the marriage or civil union is—

(a)

registered as an elector of any district; or

(b)

a person who has applied under section 82(2) for registration as an elector.

(4)

The Electoral Commission must—

(a)

send to the party to the marriage or civil union a notice asking for details of any changes resulting from the marriage or civil union that may be required to the name, address, and occupation under which he or she is registered on the roll; and

(b)

if a change is required, amend the roll in accordance with the details supplied.

(5)

If an amendment to the roll is required under subsection (4) and the amendment does not appear on the main or supplementary roll printed for any election, the person is, if otherwise qualified, entitled to vote at the election under his or her former name as it appears on the roll.

Section 93: substituted, on 7 July 2010, by section 4 of the Electoral Amendment Act 2010 (2010 No 63).

Section 93(2): amended, on 1 July 2012, by section 52(17)(i) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 93(4): amended, on 1 July 2012, by section 52(17)(i) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Change of name of registered elector

Heading: substituted, on 18 March 2002, by section 28(1) of the Electoral Amendment Act 2002 (2002 No 1).

94 Notification of change of name

(1)

This section applies if a person registers a change of his or her name under section 21B of the Births, Deaths, Marriages, and Relationships Registration Act 1995.

(2)

The Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995 must provide to the Electoral Commission the following information for the purposes of determining whether any change is required to the name and address under which that person is registered on the roll:

(a)

the old name and the new name of the person; and

(b)

the person’s date of birth; and

(c)

the person’s full residential address.

Section 94: substituted, on 18 March 2002, by section 28(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 94(1): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 94(2): amended, on 1 July 2012, by section 52(17)(j) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 94(2): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Confirmation of change of name, address, or other particulars

Heading: inserted, on 18 March 2002, by section 28(1) of the Electoral Amendment Act 2002 (2002 No 1).

94A Confirmation of change of name, address, or other particulars

(1)

This section applies if the Registrar, in accordance with this Act, amends, in relation to any person whose name appears on the roll, any of the following particulars:

(a)

the place of residence of the person, following a change of residence within an electoral district; or

(b)

the name of the person; or

(c)

any other particulars of a kind specified in section 83(2)(d), (g), or (h).

(2)

The Registrar must, not later than 14 days after the roll is amended, deliver to that person personally, or send to that person by post, notice in writing of the amendment of the particulars on the roll.

Section 94A: inserted, on 18 March 2002, by section 28(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 94A(1)(c): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Objections to registration

95 Elector’s objection

(1)

Any elector may at any time object to the name of any person being on the roll for any district on the ground that that person is not qualified to be registered as an elector of that district.

(2)

Every such objection—

(a)

shall be made in writing to the Registrar for the district; and

(b)

shall specify—

(i)

the name of the objector; and

(ii)

sufficient particulars to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection.

(3)

Where the Registrar considers that the particulars included in an objection are insufficient to inform the person objected to of the ground for the objection or the reason or reasons supporting that ground, the Registrar shall by written notice require the objector to provide within 14 days of the giving of the notice such further particulars as the Registrar thinks fit.

(4)

Where any objector fails to comply with a notice given under subsection (3), the Registrar shall give a second such notice to the objector and, if the objector fails to comply with the second such notice, the Registrar shall take no further action in relation to the objection and shall notify the objector accordingly.

Section 95: substituted, on 6 December 1995, by section 28 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

95A Notice of elector’s objection

(1)

Subject to subsections (3) and (4) of section 95, the Registrar shall, on receipt of an objection under section 95, forthwith serve on—

(a)

the person objected to; or

(b)

the person who, under section 12(1) of the Protection of Personal and Property Rights Act 1988, is the welfare guardian for the person objected to; or

(c)

the attorney appointed by the person objected to under an enduring power of attorney,—

notice in writing of the objection, which notice shall include both the name of the objector and the particulars specified by the objector (being particulars sufficient to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection).

(2)

Any notice issued under subsection (1) shall be served personally in accordance with the rules governing personal service contained in the District Courts Rules 1992.

(3)

The notice issued by the Registrar under subsection (1) shall also inform the person objected to—

(a)

that he or she may forward to the Registrar a statement signed by him or her giving reasons why his or her name should be retained on the roll; and

(b)

that his or her name will be retained on the roll if he or she provides the Registrar with evidence that satisfies the Registrar that the name of the person objected to should be retained on the roll; and

(c)

that if he or she fails to forward a statement to the Registrar within 14 days after the day on which that notice is served on the person objected to, the Registrar will, under section 95B, remove from the roll the name of the person objected to.

(4)

Where, after making such inquiry as he or she thinks fit, or the Electoral Commission directs, the Registrar is unable, after making at least 2 attempts to do so, to serve the notice of objection on that person personally, the Registrar shall remove the name of that person from the roll and include the name in the dormant roll maintained under section 109.

Section 95A: inserted, on 6 December 1995, by section 28 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 95A(4): amended, on 1 July 2012, by section 52(17)(k) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 95A(4): amended, on 18 March 2002, by section 29 of the Electoral Amendment Act 2002 (2002 No 1).

95B Power to remove name from roll

Where, within 14 days after the day on which a notice under section 95A(1) or section 96(2) is served on the person objected to,—

(a)

the person objected to; or

(b)

the person who, under section 12(1) of the Protection of Personal and Property Rights Act 1988, is the welfare guardian for the person objected to; or

(c)

the attorney appointed by the person objected to under an enduring power of attorney,—

either fails to provide evidence of eligibility to be on the roll or notifies the Registrar that he or she consents to the removal from the roll of the name of the person objected to, the Registrar shall, unless the objection has been withdrawn by the objector, remove from the roll the name of the person objected to and shall notify the parties accordingly.

Section 95B: inserted, on 6 December 1995, by section 28 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

95C Power to retain name on roll

Where, within 14 days after the day on which a notice under section 95A(1) or section 96(2) is served on the person objected to,—

(a)

the person objected to; or

(b)

the person who, under section 12(1) of the Protection of Personal and Property Rights Act 1988, is the welfare guardian for the person objected to; or

(c)

the attorney appointed by the person objected to under an enduring power of attorney,—

provides the Registrar with evidence that satisfies the Registrar that the person objected to is qualified to be on the roll, the name of the person objected to shall be retained on the roll and the Registrar shall notify the parties accordingly.

Section 95C: inserted, on 6 December 1995, by section 28 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

95D Reference of elector’s objection to District Court

(1)

Unless,—

(a)

within 14 days after the day on which a notice under section 95A(1) or section 96(2) is served on the person objected to, the objection is withdrawn; or

(b)

the name of the person who is objected to is removed from the roll under section 95B or retained on the roll under section 95C,—

the Registrar shall refer the objection to a District Court, and shall notify the parties of the time and place appointed for the hearing.

(2)

Subject to subsection (3), where any party notifies the Registrar that the party is dissatisfied with a decision of the Registrar made under section 95B or section 95C, the Registrar shall refer the objection to a District Court, and shall notify the parties of the time and place appointed for the hearing.

(3)

Any notification given by a party under subsection (2) shall be in writing and shall be given within 14 days after the day on which the party is notified by the Registrar under section 95B or section 95C, as the case may be.

Section 95D: inserted, on 6 December 1995, by section 28 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

96 Registrar’s objection

(1)

The Registrar for any district may at any time object to the name of any person being on the roll for the district on the ground that the person is not qualified to be registered as an elector of that district.

(2)

The Registrar shall forthwith give to—

(a)

the person objected to; or

(b)

the welfare guardian appointed for the person objected to under section 12(1) of the Protection of Personal and Property Rights Act 1988; or

(c)

the attorney appointed by the person objected to under an enduring power of attorney,—

notice in writing of the objection and of such particulars of the objection as are sufficient to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection.

(3)

The notice issued by the Registrar under subsection (2) shall be served personally in accordance with the rules governing personal service contained in the District Courts Rules 1992.

(4)

The notice issued by the Registrar under subsection (1) shall also inform the person objected to—

(a)

that he or she may forward to the Registrar a statement signed by him or her giving reasons why his or her name should be retained on the roll; and

(b)

that his or her name will be retained on the roll if he or she provides the Registrar with evidence that satisfies the Registrar that the name of the person objected to should be retained on the roll; and

(c)

that if he or she fails to forward a statement to the Registrar within 14 days after the day on which that notice is served on the person objected to, the Registrar will, under section 95B, remove from the roll the name of the person objected to.

(5)

Where, after making such inquiry as he or she thinks fit, or as the Electoral Commission directs, the Registrar is unable, after making at least 2 attempts to do so, to serve notice of objection on that person personally, the Registrar shall remove the name of that person from the roll and include the name in the dormant roll maintained under section 109.

(6)

Nothing in this section affects the provisions of this Act as to the removal of names from the roll by the Registrar.

Section 96: substituted, on 6 December 1995, by section 28 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 96(5): amended, on 1 July 2012, by section 52(17)(l) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 96(5): amended, on 18 March 2002, by section 30 of the Electoral Amendment Act 2002 (2002 No 1).

97 Procedure on reference of application or objection to District Court

(1)

The following provisions of this section shall apply with respect to proceedings on the reference to a District Court of an objection under section 95 or section 96.

(2)

The Registrar of Electors, any objector, and the person objected to may appear before the court either in person or by some person appointed by him or her in writing or by a barrister or solicitor.

(3)

In the case of an objection, the person objected to may forward to the Registrar of the court a statement signed by him or her giving reasons why his or her name should be retained on the roll, and the court shall take any such statement into account in determining the objection.

(3A)

If a person objected to has a physical or mental impairment, that person’s representative may sign and forward to the Registrar a statement giving reasons why the person’s name should not be removed from the roll.

(4)

If any person objected to does not either appear or forward a statement as aforesaid, the court shall make an order that his or her name be removed from the roll.

(5)

Except as otherwise provided in this section, the name of any person objected to shall not be removed from the roll until the objection has been determined.

(6)

At the hearing of an objection no grounds of objection shall be taken into account except those specified in the particulars of the objection.

(7)

In any proceedings to which this section applies the court may make such order as to costs as the court thinks fit.

(8)

Subject to the provisions of this section, the ordinary rules of procedure of the court shall apply.

(9)

The Registrar of Electors shall make any additions, deletions, and alterations to the roll that may be necessary to give effect to the order of the court.

Compare: 1956 No 107 s 55; 1975 No 28 s 24(2)(b); 1980 No 29 s 5(8)

Section 97(3A): inserted, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Removal of names from roll and alterations to roll

98 Removal of names from roll by Registrar

(1)

Subject to subsection (6), the Registrar shall 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 Registrar is satisfied and whose death has been notified to the Registrar—

(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 Registrar of Electors 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 Registrar; or

(ii)

is duly notified to the Registrar 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 Registrar, 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 Registrar 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)

Where—

(a)

a 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, pursuant to subsection (1)(h) or subsection (1)(i), been removed from the roll of the district for which the person was correctly registered,—

the Registrar of the district in which the person should have been registered may, subject to subsection (6), place that person’s name on the roll for that district.

(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 Registrar shall, 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(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(4): substituted, on 6 December 1995, by section 30 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

99 Notice of alterations to roll

(1)

Where, pursuant to any of the provisions of paragraphs (c) to (i) of section 98(1), the name of a person is removed from the roll, the Registrar shall, in accordance with subsection (3) or subsection (4), deliver or send to that person, notice in writing of the removal of that person’s name from the roll.

(2)

Where the name of a person (being a name which, pursuant to section 98(1)(h) or section 98(1)(i), has been removed from a roll) is entered, pursuant to section 98(4), on another roll, the Registrar who enters that person’s name on that other roll shall, in accordance with subsection (3) or subsection (4), deliver or send to that person notice in writing of the entry of that person’s name on that other roll.

(3)

Subject to subsection (4), the notice required by subsection (1) or subsection (2)—

(a)

shall be delivered to the person personally or sent to the person by post; and

(b)

shall be so delivered or sent not later than 14 days after the date on which,—

(i)

where the notice is required by subsection (1), the person’s name is removed; or

(ii)

where the notice is required by subsection (2), the person’s name is entered.

(4)

Where the name of a person is removed or entered, as the case may be, in the period beginning on the day after writ day and ending on the day before polling day, the notice required by subsection (1) or subsection (2) shall forthwith be delivered to that person personally.

Compare: 1956 No 107 s 57A; 1983 No 104 s 10(1)

Section 99(2): amended, on 6 December 1995, by section 31 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

100 Corrupt Practices List

(1)

Where it is proved before the Registrar for any district that any person who is registered or who applies for registration as an elector of the district has, within the immediately preceding period of 3 years,—

(a)

been convicted of a corrupt practice; or

(b)

been reported by the High Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice,—

the Registrar shall enter the name, residence, and description of that person and particulars of the conviction or report on a list to be called the Corrupt Practices List.

(2)

The Registrar shall remove the name of every person from the Corrupt Practices List at the expiration of 3 years from the date of the conviction or report in respect of which his or her name is entered on the list, or sooner if so ordered by the High Court.

(3)

Whenever a main roll is printed for the district, a copy of the Corrupt Practices List for the district shall be appended to it and printed and published with it.

(4)

Whenever a supplementary roll is printed for the district, a copy of so much of the Corrupt Practices List as has not been printed with the main roll or any existing supplementary roll for the district shall be appended to the supplementary roll and printed and published with it.

Compare: 1956 No 107 s 59; 1980 No 29 s 5(7)

Electoral rolls

101 Electoral rolls

(1)

Where a notice is gazetted under section 40(1)(b) or section 45(9)(b), the Electoral Commission shall—

(a)

decide, on the basis of the then existing rolls, which of the electors are entitled to be registered as electors of each electoral district whose boundaries are fixed by the report to which the notice relates; and

(b)

compile for each electoral district whose boundaries are fixed by the report to which the notice relates a list of persons appearing to be entitled to be registered as electors of that electoral district (in this section called the compiled list).

(2)

For the purposes of any inquiry under section 89D which is considered before the dissolution or expiration of the Parliament in existence when any list is compiled pursuant to subsection (1)(b), the compiled list shall be the electoral roll for the district to which it relates.

(3)

For the purposes of the printing of the main rolls and the supplementary rolls, each compiled list shall, if the Electoral Commission so directs, be the electoral roll for the district to which it relates.

(4)

Where a compiled list is, under subsection (2) or subsection (3), the electoral roll for the district to which it relates, that electoral roll shall come into force on the dissolution or expiry of the then existing Parliament.

(5)

The compiled lists shall be compiled immediately before—

(a)

the next succeeding inquiry under section 89D; or

(b)

the printing of the main rolls (where the Electoral Commission directs that, for the purposes of the printing of the main rolls and the supplementary rolls, each compiled list shall be the electoral roll for the district to which it relates),—

whichever is the earlier.

(6)

Every roll to which subsection (4) applies, as it may be updated from time to time following an inquiry under section 89D, continues in force until a new roll for the district is compiled and comes into force.

(7)

The Registrar shall keep every roll to which subsection (4) applies up to date by making all such additions, alterations, and deletions as become necessary.

Compare: 1956 No 107 s 60; 1980 No 29 s 23(1); 1985 No 149 s 12; 1991 No 68 s 11

Section 101(1): amended, on 1 July 2012, by section 52(17)(m) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 101(2): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 101(2): amended, on 18 March 2002, by section 32(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 101(3): amended, on 1 July 2012, by section 52(17)(m) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 101(5)(a): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 101(5)(a): amended, on 18 March 2002, by section 32(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 101(5)(b): amended, on 1 July 2012, by section 52(17)(m) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 101(6): substituted, on 18 March 2002, by section 32(3) of the Electoral Amendment Act 2002 (2002 No 1).

Section 101(6): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

102 Maintenance of rolls being replaced

(1)

Where the Electoral Commission has compiled the lists referred to in section 101(1)(b), the respective Registrars of Electors shall not be obliged to keep up to date the rolls for the districts that were in existence immediately before the gazetting under section 40(1)(b) or section 45(9)(b) of the notice that immediately preceded the compilation of those lists.

(2)

Notwithstanding subsection (1), the Electoral Commission shall ensure that each Registrar of a district to which that subsection applies has available to him or her, until the roll for that district ceases to be in force, all information necessary to enable him or her to bring his or her roll up to date in the event of a by-election in that district (which information may include or consist of photocopies of original documents).

(3)

Where a by-election is to take place in a district to which subsection (1) applies, the Registrar of that district shall cause an up to date composite roll for the district to be closed and printed as at writ day for the by-election.

(4)

Where a by-election has taken place in a district to which subsection (1) applies, the Registrar of that district shall, after the time allowed for the filing of an election petition in respect of the by-election has expired or, where an election petition is filed in respect of that by-election, after that election petition has been finally disposed of, send to other Registrars of Electors such of the original applications for registration as electors held by him or her as the Electoral Commission specifies.

Compare: 1956 No 107 s 60A; 1980 No 29 s 23(1); 1985 No 149 s 13; 1991 No 68 s 12

Section 102(1): amended, on 1 July 2012, by section 52(17)(n) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 102(2): amended, on 1 July 2012, by section 52(17)(n) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 102(4): amended, on 1 July 2012, by section 52(17)(n) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

103 Rolls where Parliament dissolved after change of boundaries and before new rolls completed

(1)

Where a Parliament is dissolved in the period between the gazetting of a notice under section 40(1)(b) or section 45(9)(b) and the completion of the compilation of the rolls pursuant to section 101, the Electoral Commission shall—

(a)

comply with paragraphs (a) and (b) of section 101(1); and

(b)

direct which of the applications for registration as electors which constituted the rolls of the electoral districts that were defined immediately before the report to which that notice relates took effect shall be sent to the respective Registrars of the electoral districts fixed by that report.

(2)

Subject to subsection (3), each list compiled under section 101(1)(b) (as applied by subsection (1)(a) of this section) shall be the electoral roll for the district to which it relates and shall come into force as soon as it is compiled.

(3)

The applications for registration sent, pursuant to a direction under subsection (1)(b), to the Registrar of an electoral district shall, on being received by that Registrar, constitute the electoral roll for the district and the electoral roll specified in subsection (2) shall (without its status as a main roll being affected) then cease to have effect as the electoral roll for the district.

(4)

Every electoral roll to which subsection (3) applies, as it may be updated from time to time following an inquiry under section 89D, continues in force until a new electoral roll for the district is compiled and comes into force.

(5)

The Registrar shall keep every electoral roll to which subsection (2) or subsection (3) applies up to date by making all such additions, alterations, and deletions as become necessary and any additions, alterations, and deletions made to an electoral roll to which subsection (2) applies shall be incorporated, where necessary, in the electoral roll which supersedes it by virtue of subsection (3).

Compare: 1956 No 107 s 60B; 1980 No 29 s 23(1); 1991 No 68 s 13(1)

Section 103(1): amended, on 1 July 2012, by section 52(17)(o) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 103(4): substituted, on 18 March 2002, by section 33 of the Electoral Amendment Act 2002 (2002 No 1).

Section 103(4): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

104 Main roll to be printed

(1)

The Registrar for every district shall, at least once in each year, cause to be printed a main roll for the district, which shall contain a list of all persons whose names are lawfully on the electoral roll for the district on a date to be fixed for the closing of the main rolls.

(2)

The date to be fixed for the purposes of subsection (1) shall,—

(a)

in the case of a year in which Parliament is due to expire, be fixed by the Governor-General by Order in Council published in the Gazette; and

(b)

in the case of any other year, be fixed by the Electoral Commission by notice in the Gazette.

(3)

Every main roll printed for any district under this section shall be the main roll for the district until a new main roll is printed for the district.

Compare: 1956 No 107 s 61; 1980 No 29 s 25(1)

Section 104(2)(a): amended, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

Section 104(2)(b): amended, on 1 July 2012, by section 52(17)(p) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

105 Supplementary rolls to be printed

(1)

The Registrar for every district shall from time to time cause to be printed a supplementary roll for the district, which shall contain a list of all persons whose names do not appear on the main roll or any existing supplementary roll for the district but are lawfully on the electoral roll for the district on a date to be fixed for the closing of that supplementary roll by the Electoral Commission:

provided that a supplementary roll shall be printed as soon as may be after the issue of a writ for an election in the district, and the date for the closing of that roll shall be writ day.

(2)

Every supplementary roll printed for any district under this section shall be a supplementary roll for the district until a new main roll is printed for the district.

Compare: 1956 No 107 s 62; 1980 No 29 ss 5(7), 26

Section 105(1): amended, on 1 July 2012, by section 52(16)(c) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

106 Form of main roll and supplementary rolls

(1)

Every main roll or supplementary roll printed for any district shall show the names, residences, and occupations (if any) of the persons included therein, arranged alphabetically in order of surnames.

(2)

The names on each page of the main roll and of every supplementary roll printed for any district shall be numbered consecutively, beginning with the number 1 in the case of the first name on each page.

(3)

The pages of every main roll or supplementary roll printed for any district shall be numbered consecutively, beginning with the number 1 in the case of the first page of the main roll and, in the case of a supplementary roll, with the number immediately following the number of the last page of the last printed roll of the district, whether main or supplementary.

(4)

The number appearing on the main roll or, as the case may be, on any supplementary roll printed for any district against the name of any elector, preceded by the number of the page on which his or her name appears, shall be deemed to be his or her number on the roll.

(5)

With the consent of the Government Statistician, the Registrar may divide the main electoral roll and every supplementary roll into such statistical subdivisions, as the Government Statistician approves.

Compare: 1956 No 107 s 63(1)–(5); 1960 No 4 s 2(1); 1975 No 28 s 28; 1980 No 29 s 5(7)

107 Composite rolls

(1)

The Registrar of Electors for any district may from time to time cause to be printed a composite roll for the district, which roll—

(a)

shall, subject to any additions, alterations, and deletions made to the electoral roll for the district, contain a list of—

(i)

all persons whose names appear on the main roll for the district; and

(ii)

all persons whose names appear on any existing supplementary roll for the district; and

(iii)

all persons whose names do not appear on the main roll for the district or any existing supplementary roll for the district but are lawfully on the electoral roll for the district on a date to be fixed for the closing of that composite roll by the Electoral Commission; and

(b)

shall, subject to paragraph (a), be printed in the manner prescribed by section 106 in respect of a main roll.

(2)

Notwithstanding anything in subsection (1), in the case of a by-election in any district, the Registrar of Electors for that district shall cause a composite roll for that district to be closed and printed as at writ day for the by-election.

(3)

Where the date for the closing of a composite roll for a district is writ day in relation to an election in that district, the Registrar of Electors—

(a)

shall cause the composite roll to be printed as soon as may be after the issue of the writ for the election; and

(b)

shall not be obliged to issue a supplementary roll for the district under the proviso to section 105(1) in relation to that election.

(4)

Where a composite roll for a district is printed under this section,—

(a)

the composite roll shall, notwithstanding section 104(3), be the main roll for the district until a new main roll is printed for the district under section 104(1) or a new composite roll is printed for the district under this section; and

(b)

the main roll and any supplementary rolls that were in force for the district immediately before the date of the closing of the composite roll shall cease to be in force.

(5)

Nothing in this section—

(a)

limits the provisions of section 104(1); or

(b)

prevents any main roll or supplementary roll that is no longer in force from being examined for the purpose of determining—

(i)

whether any person’s name should appear on the main roll or any supplementary roll for the time being in force for any district; or

(ii)

whether any person is qualified to vote in any district as a special voter.

Compare: 1956 No 107 ss 63A, 63B; 1979 No 12 s 2; 1980 No 29 ss 5(8), 28

Section 107(1)(a)(iii): amended, on 1 July 2012, by section 52(16)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

108 Habitation indexes

The Electoral Commission

(a)

may from time to time compile in respect of any electoral district a habitation index—

(i)

listing, in accordance with their residential addresses, the electors who reside in that electoral district; and

(ii)

showing, against the name of each elector, the number of the elector on the main roll, or, as the case may be, on any supplementary roll for that electoral district; and

(b)

shall, as soon as practicable after the printing of a main roll for an electoral district, compile a habitation index under paragraph (a) in respect of that district.

Compare: 1956 No 107 s 60C(1); 1980 No 29 s 24; 1983 No 104 s 11

Section 108: amended, on 1 July 2012, by section 52(17)(q) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

109 Dormant roll

(1)

The Registrar must maintain a dormant roll showing the particulars of those persons whose names have been removed from the roll for the district—

(a)

under section 89G; or

(b)

as a result of the removal of the name of that person from the roll under section 95A(4) or section 96(5).

(2)

The Registrar must remove the name of a person from the dormant roll on the first occurrence of any of the following events:

(a)

in the case of a person whose name has been removed from the electoral roll under section 89G, when the person registers as an elector of any district; or

(b)

in the case of a person whose name has been removed from the electoral roll under section 95A(4) or section 96(5), when the person registers as an elector of any district; or

(c)

in the case of a person who dies, when the Registrar is satisfied of the identity of the person and the death has been notified to the Registrar—

(i)

by any Registrar of Births and Deaths; or

(ii)

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

(iii)

by the administrator of the estate of the person; or

(d)

the expiration of the period of 3 years beginning with the date on which the person’s name was placed on the dormant roll.

(3)

The Registrar must keep, for the purposes of the next election to be held in the district to which the dormant roll relates, a copy of the dormant roll as it exists on the day before polling day.

(4)

The Registrar must from time to time cause to be printed a computer-compiled list showing, in relation to each person whose name appears on the dormant roll, the person’s name and place of residence.

(5)

The dormant roll as it exists on the day before polling day may be used for the purpose of determining whether any person is qualified, under section 60(c) or (d), to vote at any election held in the district to which the roll relates.

Section 109: substituted, on 18 March 2002, by section 34 of the Electoral Amendment Act 2002 (2002 No 1).

Section 109(1)(a): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 109(2)(a): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 109(2)(c)(ii): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

110 Public inspection of rolls, etc

(1)

A copy or copies of—

(a)

the main roll and of the supplementary rolls for any district; and

(b)

the latest index compiled under section 108 in respect of the electoral district; and

(c)

the most recent computer-compiled list printed pursuant to section 109(5) for the electoral district—

shall be kept for inspection by the public at the Office of the Registrar of Electors, and at such other places within the district as the Electoral Commission directs.

(2)

Any direction given by the Electoral Commission may be given in respect of any or all of the categories of documents specified in subsection (1).

(3)

Any person may inspect at the Registrar’s office, without payment, at any time between 9 am and 4 pm on any day on which the office is open for the transaction of business,—

(a)

the documents specified in subsection (1):

(b)

the most recent computer-compiled list which is held by the Registrar and which shows the names and particulars of the persons who are on the roll for the district:

(c)

the names and particulars of any person whose name is on the electoral roll but not on the main roll or any supplementary roll or the most recent computer-compiled list to which paragraph (b) applies:

(d)

the application of any person who has applied to be registered as an elector of the district but who is prevented, by section 88, from being registered as an elector of the district:

(e)

his or her own application for registration as an elector:

(f)

the application for registration of any person whose name is on the electoral roll if—

(i)

that person consents to his or her application being inspected; or

(ii)

the Registrar is satisfied that the inspection of the application is justified by a genuine and proper interest:

(g)

the list of post-writ day deletions referred to in section 98(5).

(4)

In the case of—

(a)

the computer-compiled list printed pursuant to section 109(5); and

(b)

the computer-compiled list referred to in subsection (3)(b)—

neither the power of inspection conferred by subsection (3) nor the power to inspect the list when it is made available for public inspection under section 111 includes the power to copy the list.

(5)

Any person may, on paying the prescribed fee, obtain a copy of—

(a)

the main or supplementary roll for a district:

(b)

an index compiled under section 108.

(6)

Regulations made under section 267

(a)

may prescribe a scale of fees for the purposes of subsection (5); and

(b)

shall provide for any fee payable under subsection (5) to be reduced wherever the copy of the roll or index is required for any purpose relating to an election or poll.

(7)

Where any person is entitled, pursuant to any provision of paragraphs (d) to (f) of subsection (3), to inspect any application, the Registrar shall produce that application for inspection not later than 2 working days after a request has been made.

(8)

Where land in a General electoral district is included within the boundaries of a Maori electoral district, a copy of the most recent computer-compiled list printed pursuant to section 109(5) in respect of the Maori electoral district shall be kept open for inspection by the public at the office of the Registrar of the General electoral district as well as at the office of the Registrar of the Maori electoral district.

Compare: 1956 No 107 ss 60C(2)–(4), 63(6), 64(1), (2), (3)–(5), (7), 65AD(1), (3)–(6); 1960 No 4 s 2(1); 1975 No 28 s 28(2); 1980 No 29 ss 5(7), 24, 29(1); 1983 No 104 s 12(1); 1985 No 150 ss 3(2), 4(1); 1986 No 124 s 32(1); 1990 No 1 ss 25, 26(1)

Section 110(1): amended, on 1 July 2012, by section 52(6) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 110(2): amended, on 1 July 2012, by section 52(7) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

111 Inspection of rolls at hui

(1)

Subject to subsection (2), the Electoral Commission shall, at the request of any person, make available for public inspection, under the supervision of any Registrar of Electors or person nominated by the Electoral Commission, at any meeting or hui—

(a)

the main roll and the supplementary rolls kept for any district:

(b)

the most recent computer-compiled list which is held by the Registrar of Electors for any district and which shows the names and particulars of the persons who are on the roll for the district:

(c)

any computer-compiled list printed pursuant to section 109(5).

(2)

A request made under subsection (1) shall not be granted unless the Electoral Commission is satisfied that a large number of persons are likely to attend the meeting or hui in respect of which the request is made.

(3)

Where a roll or list is made available for public inspection under subsection (1), the roll or list shall be made available at such times and places as the Electoral Commission thinks fit.

Compare: 1956 No 107 s 64(2A), (2B), (2C); 1985 No 150 s 3(1)

Section 111(1): amended, on 1 July 2012, by section 52(8) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111(1): amended, on 1 July 2012, by section 52(16)(e) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111(2): amended, on 1 July 2012, by section 52(16)(e) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111(3): amended, on 1 July 2012, by section 52(16)(e) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

111A Objectives of sections 111B to 111F

The objectives of sections 111B to 111F are—

(a)

to enable specified electoral information in relation to any Maori elector, with the consent of that Maori elector, to be used to facilitate the establishment and maintenance of accurate and comprehensive registers of iwi affiliations; and

(b)

to ensure that registers of iwi affiliations are established and maintained by a body which—

(i)

is accountable to the organisations to which it is authorised to supply information; and

(ii)

is financially viable and well managed; and

(iii)

manages information in compliance with the requirements of this Act and the Privacy Act 1993; and

(iv)

makes iwi affiliation information available to iwi organisations and other Maori organisations at a reasonable cost; and

(v)

except as required for the purpose of establishing and maintaining the register or registers of iwi affiliations, does not create or maintain information on whakapapa; and

(c)

to enable information from a register of iwi affiliations to be supplied to iwi organisations and other Maori organisations for the purposes of those organisations; and

(d)

to leave unaffected—

(i)

any right of an iwi organisation or other Maori organisation or court to determine whether any person claiming affiliation with the organisation is so affiliated; or

(ii)

any right of a person to claim an affiliation with a particular iwi organisation or other Maori organisation or to approach the iwi organisation or other Maori organisation with which that person claims affiliation.

Section 111A: inserted, on 10 November 2003, by section 35 of the Electoral Amendment Act 2002 (2002 No 1).

111B Interpretation of terms in sections 111C to 111F

For the purposes of sections 111C to 111F,—

designated body means the person or body of persons from time to time designated under section 111E

Maori elector means a person registered as an elector who has given written notice to a Registrar that the person is of Maori descent

register of iwi affiliations means a list or lists of persons of Maori descent and their iwi affiliations, together with the information described in section 111C(2) in respect of those persons.

Section 111B: inserted, on 10 November 2003, by section 35 of the Electoral Amendment Act 2002 (2002 No 1).

111C Electoral Commission may seek consent of Maori electors to supply of information to designated body

(1)

The Electoral Commission may seek the consent of any Maori elector to the supply by the Electoral Commission from time to time of the particulars described in subsection (2) to the designated body for the purpose of establishing and maintaining a register or registers of iwi affiliations.

(2)

The particulars referred to in subsection (1) are—

(a)

the elector’s name, including first names, surname, and preferred honorific (if any):

(b)

the elector’s postal address, email address (if any), and contact telephone numbers (if any):

(c)

the elector’s date of birth:

(d)

any randomly generated number assigned to that elector by the Electoral Commission.

(3)

The Electoral Commission may ask a Maori elector—

(a)

whether the Maori elector consents to the supply of his or her iwi affiliation information to the designated body for the purpose of establishing and maintaining a register or registers of iwi affiliations; and

(b)

if the answer under paragraph (a) is in the affirmative,—

(i)

to give his or her iwi affiliation information; and

(ii)

if the elector wishes, to specify the iwi organisation or organisations or other Maori organisation or organisations to which the elector’s iwi affiliation information may be supplied by the designated body.

(4)

Despite subsections (1) and (3), the Electoral Commission must not seek the consent under this section of a person in respect of whom the Electoral Commission has given a direction under section 115.

(5)

If the Electoral Commission seeks the consent of a person under this section, the Electoral Commission must advise the person of the provisions of section 111D(4) and section 111F(1) to (4).

(6)

If the Electoral Commission seeks the consent of a person under subsection (1), the Electoral Commission must advise the person that a consent given under that subsection may be withdrawn at any time.

(7)

The Electoral Commission

(a)

may hold iwi affiliation information obtained in response to a request under subsection (3) only for such time as is reasonable for the purpose of forwarding that information to the designated body; and

(b)

must not retain any of that iwi affiliation information.

Section 111C: inserted, on 10 November 2003, by section 35 of the Electoral Amendment Act 2002 (2002 No 1).

Section 111C heading: amended, on 1 July 2012, by section 52(9) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111C(1): amended, on 1 July 2012, by section 52(18)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111C(2)(b): amended, on 17 August 2011, by section 12 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111C(2)(d): amended, on 1 July 2012, by section 52(18)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111C(3): amended, on 1 July 2012, by section 52(18)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111C(4): amended, on 1 July 2012, by section 52(18)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111C(5): amended, on 1 July 2012, by section 52(18)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111C(6): amended, on 1 July 2012, by section 52(18)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111C(7): amended, on 1 July 2012, by section 52(18)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

111D Electoral Commission may supply information to designated body

(1)

The Electoral Commission may supply the information described in subsection (2) to the designated body if—

(a)

the Electoral Commission has obtained the consent of a Maori elector under section 111C(1) (and that consent has not been withdrawn); and

(b)

the Electoral Commission has under section 111C(3) obtained the consent of a Maori elector to the supply of the iwi affiliation information of that elector.

(2)

The information referred to in subsection (1) is—

(a)

the particulars of the elector described in section 111C(2); and

(b)

the elector’s iwi affiliation information; and

(c)

if, under section 111C(3)(b)(ii), the elector specified a particular organisation or organisations to which the iwi affiliation information may be supplied, the name of that organisation or those organisations.

(3)

The Electoral Commission may charge a reasonable fee for the supply of information to the designated body under this section.

(4)

Information supplied under this section is supplied for the purpose of enabling the designated body to—

(a)

establish and maintain a register or registers of iwi affiliations; and

(b)

supply the information on that register or registers to any organisation to which it is authorised to supply that information under section 111F.

(5)

Except as required for the purpose described in subsection (4), the designated body must not use the information supplied to it under this section to create or maintain information on the whakapapa of any Maori elector.

Section 111D: inserted, on 10 November 2003, by section 35 of the Electoral Amendment Act 2002 (2002 No 1).

Section 111D heading: amended, on 1 July 2012, by section 52(9) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111D(1): amended, on 1 July 2012, by section 52(18)(b) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111D(1)(a): amended, on 1 July 2012, by section 52(18)(b) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111D(1)(b): amended, on 1 July 2012, by section 52(18)(b) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111D(3): amended, on 1 July 2012, by section 52(18)(b) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

111E Ministers of Justice and Maori Affairs may designate body to receive information

(1)

The Minister of Justice and the Minister of Maori Affairs may, by notice in the Gazette, designate any person or body of persons (whether corporate or unincorporate) as suitable to receive the information described in subsection (2) for the purpose of establishing and maintaining a register or registers of iwi affiliations.

(2)

The information referred to in subsection (1) is—

(a)

information described in section 111C(2); and

(b)

information described in section 111C(3)(b).

(3)

The Minister of Justice and the Minister of Maori Affairs must not designate a person or body of persons under subsection (1) unless the Ministers are satisfied that—

(a)

the person or body of persons has adequate procedures in place to ensure that it is accountable to the organisations to which it is authorised to supply information under section 111F; and

(b)

the person or body of persons is financially viable and can demonstrate prudent and adequate management policies and practices, including in matters of financial management; and

(c)

the person’s or body of persons’ information management policies and practices are adequate to ensure compliance with this Act and the Privacy Act 1993; and

(d)

the person or body of persons has the ability to fund the establishment and maintenance of the register of iwi affiliations; and

(e)

the person or body of persons meets any other criteria that may be specified in regulations made under section 267(c).

(4)

The Minister of Justice and the Minister of Maori Affairs may, at any time, by notice in the Gazette, revoke a designation made under subsection (1).

Section 111E: inserted, on 10 November 2003, by section 35 of the Electoral Amendment Act 2002 (2002 No 1).

111F Designated body may supply information from register of iwi affiliations to iwi organisation and other Maori organisation

(1)

The designated body may supply the information in relation to a particular Maori elector that is held on a register of iwi affiliations—

(a)

if the Maori elector has specified a particular organisation or organisations under section 111C(3)(b)(ii), to that organisation or organisations; or

(b)

in any other case, to any iwi organisation or organisations or other Maori organisation or organisations that the designated body is satisfied represents the iwi to which the Maori elector claims an affiliation.

(2)

If the designated body is satisfied that iwi affiliation information given by a Maori elector under section 111C(3)(b)(i) contains a spelling error or other obvious mistake, but the designated body is satisfied that it is clear to which iwi the Maori elector was referring, the designated body may apply subsection (1) as if the elector had specified that iwi.

(3)

If the designated body is satisfied that the name of an organisation or organisations specified by a Maori elector under section 111C(3)(b)(ii) contains a spelling error or other obvious mistake, but the designated body is satisfied that it is clear to which organisation or organisations the elector was referring, the designated body may apply subsection (1) as if the elector had specified that organisation or organisations.

(4)

Information supplied under this section is supplied for the purposes of the iwi organisation or other Maori organisation to which it is supplied.

(5)

Any fee charged by the designated body for the supply of information under this section must be a reasonable fee.

Section 111F: inserted, on 10 November 2003, by section 35 of the Electoral Amendment Act 2002 (2002 No 1).

112 Supply of information on age and Maori descent

(1)

Any person may, in the manner specified in subsection (3), request the Electoral Commission to provide to that person,—

(a)

for the purposes of research conducted by that person on a topic that relates to a scientific matter,—

(i)

a list of electors in a particular age group as defined in section 114(9); or

(ii)

a list of electors of Maori descent; or

(b)

for the purposes of research being conducted by that person on a topic that relates to human health,—

(i)

a list of electors whose birthdays fall within a period of 12 months; or

(ii)

a list of electors of Maori descent.

(2)

Every list supplied pursuant to a request under subsection (1) shall specify, in relation to each elector on that list, his or her name, postal address, residential address, occupation (if any), preferred honorific (if any), and meshblock.

(3)

Any request made under subsection (1) may seek information about electors appearing to be entitled to vote in—

(a)

1 or more named electoral districts; or

(b)

all electoral districts; or

(c)

1 or more named regions or constituencies of a region; or

(d)

1 or more named territorial authority districts; or

(e)

1 or more named wards; or

(f)

1 or more named community board areas;—

but shall not include any request for a random sample of electors.

(4)

Every list supplied following a request under subsection (1) may be supplied in the form of a computer-compiled list or in electronic form.

(5)

The Electoral Commission shall comply with a request under subsection (1) if—

(a)

the person requesting the list pays the prescribed fee; and

(b)

the person requesting the list supplies a statement that the list is required for research being conducted by that person on a topic which is specified in the statement and which relates to a scientific matter or to human health; and

(c)

the statement supplied under paragraph (b) is signed by the chief executive of any department, organisation, or local authority to which the Official Information Act 1982 or the Local Government Official Information and Meetings Act 1987 applies; and

(d)

the person requesting the list states in a form to be provided by the Electoral Commission that the list is required for the purpose of that person’s research and will not be used for any other purpose; and

(e)

the Electoral Commission is satisfied that the list should be provided; and

(f)

if the person requesting the list requires the list to be supplied in electronic form, that person supplies to the Electoral Commission a storage medium for that electronic information that complies with the prescribed requirements.

Compare: 1956 No 107 s 64BA; 1990 No 1 s 28(1)

Section 112(1): amended, on 1 July 2012, by section 52(18)(c) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 112(1)(a)(i): amended, on 17 August 2011, by section 13 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 112(2): amended, on 6 December 1995, by section 32 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 112(4): substituted, on 18 March 2002, by section 36(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 112(5): amended, on 1 July 2012, by section 52(18)(c) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 112(5)(d): amended, on 1 July 2012, by section 52(18)(c) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 112(5)(e): amended, on 1 July 2012, by section 52(18)(c) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 112(5)(f): substituted, on 18 March 2002, by section 36(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 112(5)(f): amended, on 1 July 2012, by section 52(18)(c) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

113 Supply of computer-compiled lists and electronic storage media to local authorities

(1)

Subject to this section, if an electoral official of a local authority (as defined in section 5 of the Local Electoral Act 2001) wishes to obtain specified information for the purposes of any election, by-election, or poll that is required by or under any Act, the electoral official is entitled to obtain from the Electoral Commission a computer-compiled list or electronic storage medium containing that information.

(2)

For the avoidance of doubt, it is hereby declared that subsection (1) shall not apply where the list or information is required for the purpose of determining whether or not there has been a valid demand for a poll or a survey of electors.

(3)

The specified information, which shall be provided free of charge, shall be provided in accordance with any regulations made pursuant to section 267.

(4)

Any electronic storage medium supplied by the Electoral Commission must be returned to the Electoral Commission as soon as practicable after use.

(5)

Where the specified information is requested for a by-election or poll to be conducted at some time other than a triennial general election, the Electoral Commission may supply only such of the specified information as is relevant to the conduct of the by-election or poll.

(6)

If an electoral official requires specified information for any purpose other than a purpose specified in subsection (1), and the latest information already available to the electoral official is not suitable for the purpose, the electoral official may make a special request to the Electoral Commission for the information, which must be supplied subject to, and in accordance with, any regulations made under section 267.

(7)

[Repealed]

(8)

Regulations made under section 267 may prescribe—

(a)

fees for the supply of an electronic storage medium by the Electoral Commission in any case; and

(b)

fees for providing information under this section on an electronic storage medium in any case to which subsection (1) does not apply.

(9)

If an electoral official of a local authority (as defined in section 5 of the Local Electoral Act 2001) wishes to obtain, for the purposes of compiling a roll of electors for the local authority and for no other purpose, any specified information, the Electoral Commission may, in accordance with regulations made under this Act, give that electoral official, on payment of the prescribed fee, a computer-compiled list or electronic storage medium containing that information.

(9A)

Any electoral official of a local authority (as defined in section 5 of the Local Electoral Act 2001) may, on payment of the prescribed fee, and in accordance with regulations made under this Act, obtain from the Electoral Commission a computer-compiled list or electronic storage medium containing specified information, for the purpose of conducting an election for any body, where the Electoral Commission is satisfied that—

(a)

the body is established by statute or is a corporate or unincorporate body established by a local authority or local authorities or is a body contracted by a local authority or local authorities to provide services to some or all local residents or is a body that provides health services or disability support services or electricity supply or is a trust that owns shares in a body or bodies involved in electricity supply to some or all local residents; and

(b)

the body has in place procedures for the democratic conduct of its elections; and

(c)

it is in the public interest that the election be conducted by a local authority.

(9B)

Nothing in subsection (9A) or subsection (9D) requires a local authority to conduct an election on behalf of any other body but, where a local authority conducts an election for another body, the local authority may impose a charge in respect of the conduct of the election.

(9C)

Where any officer of a body designated by notice in writing pursuant to subsection (9D) wishes to obtain, for the purpose of compiling a roll of electors for an election and for no other purpose, any specified information, the Electoral Commission may, in accordance with regulations made under this Act, give that officer, on payment of the prescribed fee, a computer-compiled list or electronic storage medium containing that information.

(9D)

The Minister may, by notice in writing, designate bodies for the purposes of subsection (9C) if the Minister is satisfied that—

(a)

the body has in place procedures for the democratic conduct of its elections; and

(b)

it is in the public interest that the elections are conducted using the specified information.

(10)

For the purposes of this section, the term specified information means, in respect of each elector appearing to reside in the appropriate area and entitled to vote in the election, by-election, or poll, so much of the following information as is requested by an electoral officer or electoral official or designated body:

(a)

the elector’s name, including first names, surname, and preferred honorific (if any):

(b)

the elector’s residential address and postal address (if different):

(c)

the elector’s occupation (if any):

(d)

the elector’s electoral district (whether Maori or General):

(e)

statistical meshblock details:

(f)

a description of each—

(i)

region or constituency of a region; or

(ii)

territorial authority district; or

(iii)

ward; or

(iv)

community board area; or

(v)

other local authority and, where appropriate, local authority subdivision,—

in respect of which the elector appears to be entitled to vote.

Compare: 1956 No 107 s 64A; 1989 No 31 s 4(1); 1990 No 1 s 27

Section 113 heading: substituted, on 18 March 2002, by section 37(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 113(1): substituted, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 113(1): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(4): substituted, on 18 March 2002, by section 37(3) of the Electoral Amendment Act 2002 (2002 No 1).

Section 113(4): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(5): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(6): substituted, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

Section 113(6): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(6): amended, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 113(7): repealed, on 18 March 2002, by section 37(4) of the Electoral Amendment Act 2002 (2002 No 1).

Section 113(8): substituted, on 18 March 2002, by section 37(5) of the Electoral Amendment Act 2002 (2002 No 1).

Section 113(8)(a): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(9): substituted, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

Section 113(9): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(9): amended, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 113(9A): inserted, on 6 December 1995, by section 33(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 113(9A): amended, on 1 July 2012, by section 52(10) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(9A): amended, on 1 July 2012, by section 52(16)(f) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(9A): amended, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 113(9A): amended, on 18 March 2002, by section 37(6) of the Electoral Amendment Act 2002 (2002 No 1).

Section 113(9A): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

Section 113(9A)(a): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 113(9B): inserted, on 6 December 1995, by section 33(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 113(9C): inserted, on 6 December 1995, by section 33(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 113(9C): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(9C): amended, on 18 March 2002, by section 37(6) of the Electoral Amendment Act 2002 (2002 No 1).

Section 113(9D): inserted, on 6 December 1995, by section 33(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 113(10): substituted, on 6 December 1995, by section 33(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 113(10): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

114 Supply of electoral information to candidates, political parties, and members of Parliament

(1)

The Electoral Commission must supply to a person specified in subsection (2), on a request made in accordance with this section by that person,—

(a)

the information described in subsection (3); and

(b)

if the person so requests, the information described in subsection (4).

(2)

The persons referred to in subsection (1) are—

(a)

any candidate or any person acting on behalf of a political party who wishes to obtain the information for the purposes of the candidate or the political party:

(b)

any candidate or any person acting on behalf of a political party who wishes to obtain the information for the purposes of the candidate or the political party in connection with any local authority elections:

(c)

a member of Parliament or person acting on behalf of a member of Parliament who wishes to obtain the information for the purposes of the member of Parliament:

(d)
[Repealed]

(e)

any other person charged with responsibilities in relation to the conduct of any official publicity or information campaign to be conducted on behalf of the Government of New Zealand and relating to electoral matters or the conduct of any general election or by-election.

(3)

The information referred to in subsection (1)(a) is—

(a)

the names, residential addresses, occupations (if any), preferred honorifics (if any), meshblock, and postal addresses of, and any randomly generated number assigned by the Electoral Commission to, any or all of the following persons:

(i)

the electors of an electoral district:

(ii)

the persons whose names are on the dormant roll for an electoral district:

(iii)

the electors of an electoral district who were registered as electors for that district on or after the date fixed for the closing of the main roll for the district pursuant to section 104, or on or after a date nominated by the applicant, that date being not earlier than the date on which the roll was last closed for printing:

(iv)

the electors of an electoral district whose names have been removed from the electoral roll for that district on or after a date nominated by the applicant, that date being not earlier than the date on which the roll was last closed for printing; and

(b)

if the person to whom the information is being supplied is one described in subsection (2)(b), the electors of a local authority district or subdivision of a local authority district.

(4)

The information referred to in subsection (1)(b) is,—

(a)

whether the elector is of Maori descent; or

(b)

a list of electors of Maori descent; or

(c)

the age group within which the elector appears; or

(d)

a list of electors in a particular age group; or

(e)

any or all of the above.

(5)

Information supplied by the Electoral Commission under this section may be supplied—

(a)

in the form of a computer-compiled list; or

(b)

in electronic form, including by the giving of remote access to the information by electronic means.

(6)

A request for information from a person described in subsection (2)(a), (b), or (c) must,—

(a)

if the information is sought in electronic form supplied on an electronic storage medium, be accompanied by a storage medium for that electronic information; and

(b)

be accompanied by the prescribed fee; and

(c)

be accompanied by a statement, on a form to be provided by the Electoral Commission, by the person seeking the information that the information is required for purposes permitted by this section and will not be used for any purpose other than those for which it is supplied.

(7)

A request for information from a person described in subsection (2)(d) or (e) must, if the information is sought in electronic form supplied on an electronic storage medium, be accompanied by a storage medium for that electronic information.

(8)

Regulations made under section 267 may prescribe fees, or a scale of fees, for the supply of computer-compiled lists and electronic storage media by the Electoral Commission to any person under this section, and for the giving of remote access to the information by electronic means.

(9)

For the purposes of this section and section 112(1)(a),—

age group means, in relation to electors, those whose birthdays fall within a period of 5 years (being the first half or the second half of a decade)

decade means a period of 10 years that begins with a year that is divisible, without remainder, by 10.

Section 114: substituted, on 18 March 2002, by section 38 of the Electoral Amendment Act 2002 (2002 No 1).

Section 114(1): amended, on 1 July 2012, by section 52(17)(r) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 114(2)(d): repealed, on 1 July 2012, by section 52(11) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 114(3)(a): amended, on 1 July 2012, by section 52(17)(r) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 114(5): amended, on 1 July 2012, by section 52(17)(r) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 114(6)(c): amended, on 1 July 2012, by section 52(17)(r) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 114(8): amended, on 1 July 2012, by section 52(17)(r) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

114A General provision concerning supply of information by Electoral Commission in electronic form

If the Electoral Commission is required in accordance with this Act to supply information in electronic form, the Electoral Commission is only required to supply that information in a form, or using a medium, that is compatible with computer systems being used by the Electoral Commission at the time.

Section 114A: inserted, on 18 March 2002, by section 39 of the Electoral Amendment Act 2002 (2002 No 1).

Section 114A heading: amended, on 1 July 2012, by section 52(12) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 114A: amended, on 1 July 2012, by section 52(18)(e) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

115 Unpublished names

(1)

Notwithstanding sections 101, 104, 105, 107, 108, and 110(3)(c) and (d), where the Electoral Commission is satisfied, on the application of any person, that the publication of that person’s name would be prejudicial to the personal safety of that person or his or her family, the Electoral Commission may direct that—

(a)

the name, residence, and occupation of that person shall not be published in any main or supplementary roll or in any list or index that may be available for inspection by the public; and

(b)

the name and particulars of that person shall not be available for inspection under section 110(3)(c); and

(c)

the application for registration of that person shall not be available for inspection under section 110(3)(d).

(2)

Without limiting the discretion conferred on the Electoral Commission by subsection (1), the Electoral Commission may on the production of—

(a)

a protection order that is in force under the Domestic Violence Act 1995 in respect of any person; or

(aa)

a restraining order that is in force under the Harassment Act 1997 in respect of any person; or

(b)

a statutory declaration from a constable to the effect that he or she believes that the personal safety of a person or of a person’s family could be prejudiced by the publication of that person’s name,—

exercise in respect of that person’s name, and without further evidence or inquiry, the power conferred on the Electoral Commission by that subsection.

Compare: 1956 No 107 s 62A; 1980 No 29 s 27

Section 115(1): amended, on 1 July 2012, by section 52(18)(f) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 115(2): amended, on 1 July 2012, by section 52(13) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 115(2): amended, on 1 July 2012, by section 52(18)(f) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 115(2)(a): substituted, on 1 July 1996, by section 132 of the Domestic Violence Act 1995 (1995 No 86).

Section 115(2)(aa): inserted, on 1 January 1998, by section 45 of the Harassment Act 1997 (1997 No 92).

Section 115(2)(b): substituted, on 17 August 2011, by section 15 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Offences

116 Offences relating to use of electoral information

(1)

Every person commits an offence who knowingly and wilfully supplies, receives, or uses information supplied in electronic form, or derived from information supplied in electronic form, under section 112, 113, or 114 for a purpose other than a purpose authorised by those sections.

(2)

Every person who commits an offence against this section is liable on conviction,—

(a)

in the case of information supplied, received, or used for a commercial purpose, to a fine not exceeding $50,000; or

(b)

in any other case, to a fine not exceeding $10,000.

Compare: 1956 No 107 s 64BB; 1990 No 1 s 28(1)

Section 116(1): substituted, on 18 March 2002, by section 40 of the Electoral Amendment Act 2002 (2002 No 1).

Section 116(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

117 Offences in respect of manipulating or processing electoral information

(1)

Every person commits an offence who processes, manipulates, or otherwise changes by optical scanning or other electronic or mechanical means, any information obtained pursuant to section 112 or section 113 or section 114 or contained in any habitation index or any printed roll, in such a way as to produce that information or part of that information in a different form from that in which it was supplied under this Act.

(2)

It shall not be an offence against subsection (1) to process, manipulate, or otherwise change information obtained pursuant to any of the provisions of sections 112 to 114 into a different form if—

(a)

the processing or manipulation is done, or the change is effected, by or on behalf of the person by whom the information was obtained; and

(b)

the information, in its different form, is used only for purposes authorised by the provision under which it was obtained.

(3)

It shall not be an offence against subsection (1) to process, manipulate, or otherwise change information obtained pursuant to any of the provisions of sections 112 to 114 or contained in any habitation index or any printed roll into a different form if the information was obtained under this Act more than 10 years before the date on which the processing or manipulation is done or the change is effected.

(4)

Every person who commits a breach of subsection (1) is liable on conviction to a fine not exceeding $50,000.

(5)

Every person commits an offence who—

(a)

uses for any purpose; or

(b)

supplies to any person—

any information the production of which contravenes subsection (1).

(6)

Every person who commits a breach of subsection (5) is liable on conviction,—

(a)

where the use or supply was for a commercial purpose, to a fine not exceeding $50,000; or

(b)

where the use or supply was for any other purpose, to a fine not exceeding $10,000.

Compare: 1956 No 107 s 64BC; 1990 No 1 s 28(1)

Section 117(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 17(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

117A Offence relating to misuse of electoral information supplied under section 111D

(1)

Every person commits an offence who knowingly and wilfully supplies, receives, or uses information of a kind described in section 111C(2) that is provided by, or derived from information provided by, the Electoral Commission under section 111D, for any purpose other than a purpose authorised by section 111D(4) or section 111F(4).

(2)

Every person who commits an offence against this section is liable on conviction,—

(a)

in the case of information supplied, received, or used for a commercial purpose, to a fine not exceeding $50,000; or

(b)

in any other case, to a fine not exceeding $10,000.

Section 117A: inserted, on 10 November 2003, by section 41 of the Electoral Amendment Act 2002 (2002 No 1).

Section 117A(1): amended, on 1 July 2012, by section 52(17)(s) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 117A(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

118 False statements

Every person who knowingly and wilfully makes a false statement in any application, certificate, or information supplied for the purposes of this Part is liable on conviction to—

(a)

a term of imprisonment not exceeding 3 months; or

(b)

a fine not exceeding $2,000.

Section 118: replaced, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

119 Wilfully misleading Registrar

Every person shall for each offence be liable on conviction to a fine not exceeding $2,000 who—

(a)

wilfully misleads any Registrar in the compilation of any roll or list, or wilfully enters or causes to be entered thereon any false or fictitious name or qualification or the name of any person whom he or she knows to be dead:

(b)

signs the name of any person, whether requested to do so or not, or any false or fictitious name to any form of application or objection for the purposes of this Part either as applicant, objector, or witness:

(c)

signs his or her name as witness to any signature upon any such form of application or objection without either seeing the signature written or hearing the person signing declare that the signature is in his or her own handwriting and that the name so signed is his or her own proper name.

Compare: 1956 No 107 s 67(1); 1980 No 29 s 5(7); 1990 No 1 s 32(1)

Section 119: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

120 Duty to report suspected offences

Where the Registrar believes that any person has committed an offence against section 119, he or she shall report the facts on which that belief is based to the New Zealand Police.

Compare: 1956 No 107 s 67(2); 1983 No 104 s 15

Section 120: amended, on 17 August 2011, by section 16 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

121 Failure to deliver application

Every person shall be liable on conviction to a fine not exceeding $2,000 who, having obtained possession of an application for registration signed by any other person for the purpose of being delivered to the Registrar for registration, wilfully fails so to deliver it so that the applicant’s name is not entered on the roll.

Compare: 1956 No 107 s 68; 1980 No 29 s 5(7); 1990 No 1 s 33(1)

Section 121: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Miscellaneous provisions

122 Assistance to be given to Registrar

(1)

All constables—

(a)

must, at the Registrar’s request, assist the Registrar by informing him or her of the name of any person whom they have reason to believe is qualified to be registered as an elector but is not registered, or is registered but is not qualified to be registered; and

(b)

must give the Registrar any information the Registrar requests relating to the qualifications of any person for registration as an elector.

(2)

All constables must also assist the Registrar by making such inquiries and obtaining such information as he or she requests.

Compare: 1956 No 107 s 51; 1980 No 29 s 5(7)

Section 122(1): substituted, on 17 August 2011, by section 17 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 122(2): substituted, on 17 August 2011, by section 17 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

123 Copies of rolls for Returning Officer

(1)

The Registrar shall supply to the Returning Officer for the district—

(a)

as many copies as he or she may require of the main roll and the supplementary rolls, showing all deletions (except deletions made in the period beginning on the day after writ day and ending on the day before polling day) from the electoral roll and certified correct by the Registrar; and

(b)

a copy of the list of post-writ day deletions referred to in section 98(5).

(2)

Despite section 106, the Electoral Commission may direct Registrars to modify the form of any rolls supplied under this section if that is necessary to facilitate the use of technology for the scrutiny of the rolls under this Act.

Compare: 1956 No 107 s 65; 1983 No 104 s 14(1); 1990 No 1 s 29

Section 123(2): added, on 18 March 2002, by section 42 of the Electoral Amendment Act 2002 (2002 No 1).

Section 123(2): amended, on 1 July 2012, by section 52(14) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 123(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

124 Power to destroy records

(1)

Subject to subsection (3), the Registrar may destroy any of the records described in subsection (2) if—

(a)

the Registrar considers that the records are no longer required; and

(b)

2 general elections have taken place since the records were made.

(2)

The records referred to in subsection (1) are records held by the Registrar, being—

(a)

applications for registration as electors; and

(b)

forms returned following an inquiry under section 89D; and

(c)

records forming part of the dormant roll maintained under section 109(1).

(3)

Nothing in this section authorises any person to destroy any records if he or she has reason to believe that those records are relevant to an election petition or that the time for bringing an election petition to which those records may be relevant has not expired.

(4)

Despite subsections (1) to (3), the Registrar may destroy paper copies of any of the records described in subsection (2) if satisfied that accurate electronic images of those records have been created by or on behalf of the Registrar and are being stored by or on behalf of the Registrar in a manner that ensures that those electronic images are and will be able to be used for the same purposes as the paper copies would, if not destroyed, have been required by the rest of this Act to be able to be used.

(5)

A requirement in or under this Act that a paper copy of a record be used for a particular purpose is, after that paper copy is destroyed under subsection (4), satisfied by using for that purpose the accurate electronic image, created and stored under subsection (4), of that paper copy.

Section 124: substituted, on 18 March 2002, by section 43 of the Electoral Amendment Act 2002 (2002 No 1).

Section 124(2)(b): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 124(4): added, on 17 August 2011, by section 18 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 124(5): added, on 17 August 2011, by section 18 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Part 6 Elections

General elections

125 Writ for general election

Whenever Parliament is dissolved or expires, the Governor-General must, not later than 7 days after the dissolution or expiration, issue a writ in form 3 to the Electoral Commission requiring the Electoral Commission to make all necessary arrangements for the conduct of a general election.

Section 125: substituted, on 28 February 2002, by section 44 of the Electoral Amendment Act 2002 (2002 No 1).

Section 125: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

126 Writs for general election
[Repealed]

Section 126: repealed, on 28 February 2002, by section 44 of the Electoral Amendment Act 2002 (2002 No 1).

127 Election of list candidates

(1)

At any general election any secretary of a political party that is registered under Part 4 may forward to the Electoral Commission a list of candidates for election to the seats reserved for those members of Parliament elected from lists submitted under this section.

(2)

A list submitted under this section shall be in form 4 and shall list candidates in order of the party’s preference commencing with the first in order of preference and ending with the last.

(3)

Every list submitted under this section, and the declaration required by subsection (3A),—

(a)

must be submitted to the Electoral Commission not later than noon on the date specified in the writ for the election of constituency candidates as the latest date for the nomination of constituency candidates; and

(b)

may be submitted by hand, post, or electronically.

(3A)

Every list submitted under this section must be accompanied by a declaration, made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957, that must—

(a)

declare that the secretary is satisfied that each person named on the list submitted under this section is qualified under this Act to be a candidate; and

(b)

state whether the party is a party in respect of which there are 1 or more component parties; and

(c)

if the party has 1 or more component parties, state the name of each component party.

(4)

The secretary of the political party must lodge with the list submitted under this section, in relation to each candidate nominated in the list,—

(a)

a statement in a form provided by the Electoral Commission, signed by the candidate, and confirming the candidate’s consent to the nomination; and

(b)

any statutory declaration made by the candidate received under section 49(4)(b).

(5)

[Repealed]

(6)

The Electoral Commission shall give a receipt in writing for every list accepted by the Electoral Commission.

(7)

Where a list under this section is submitted by a political party that has a logo registered under section 71F, the secretary of that political party may submit with the list a copy of the logo so registered for inclusion—

(a)

on the left-hand side of the ballot paper beside the name of that party on the party vote part of the ballot paper; and

(b)

on the right-hand side of the ballot paper beside the name of any constituency candidate of that party (if any) on the electorate vote part of the ballot paper.

(8)

Every logo submitted under this section—

(a)

must be submitted to the Electoral Commission not later than noon on the date specified in the writ for the election of constituency candidates as the latest date for the nomination of constituency candidates; and

(b)

may be submitted by hand, post, or electronically.

Section 127(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 127(3): substituted, on 28 February 2002, by section 45(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 127(3)(a): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 127(3)(b): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 127(3A): substituted, on 28 February 2002, by section 45(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 127(4): substituted, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 127(5): repealed, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 127(6): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 127(7): added, on 6 December 1995, by section 35(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 127(7): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 127(8): substituted, on 28 February 2002, by section 45(3) of the Electoral Amendment Act 2002 (2002 No 1).

Section 127(8)(a): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 127(8)(b): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

127A Deposit by party secretary

(1)

If a secretary of a political party submits a list under section 127, he or she must pay to the Electoral Commission, no later than noon on nomination day, a deposit of $1,000 (inclusive of goods and services tax).

(2)

The deposit must be paid by—

(a)

direct credit to a bank account nominated by the Electoral Commission; or

(b)

bank cheque.

(3)

The deposit is forfeit and must be paid into a Crown Bank Account if the party neither—

(a)

receives in total at least 0.5% of the total number of all party votes received by all the parties listed on the part of the ballot paper that relates to the party vote; nor

(b)

wins a constituency seat.

(4)

In every other case the deposit must be returned to the secretary of the party on whose behalf the deposit is paid, but only after the Electoral Commission has received—

(a)

a duly completed return under section 206I in respect of that party; and

(b)

the auditor’s report obtained under section 206L that relates to that return.

(5)

For the purposes of subsection (3)(b), a party wins a constituency seat if—

(a)

a constituency candidate for that party has his or her name endorsed on the writ under section 185 as a person declared to be elected as a member of Parliament; or

(b)

a constituency candidate for a component party of that party (being a component party that is not listed on the part of the ballot paper that relates to the party vote but is, in accordance with the details held by the Electoral Commission under any of the provisions of sections 127(3A) and 128A, a component party of that party) has his or her name endorsed on a writ under section 185 as a person declared to be elected as a member of Parliament.

Section 127A: inserted, on 28 February 2002, by section 46 of the Electoral Amendment Act 2002 (2002 No 1).

Section 127A(1): amended, on 5 December 2013, by section 4(1) of the Electoral Amendment Act 2013 (2013 No 115).

Section 127A(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 127A(2): replaced, on 25 March 2014, by section 24 of the Electoral Amendment Act 2014 (2014 No 8).

Section 127A(3): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

Section 127A(4)(a): amended, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

Section 127A(4)(b): amended, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

Section 127A(4)(b): amended, on 20 December 2007, by section 14(2) of the Electoral Amendment Act 2007 (2007 No 113).

Section 127A(5)(b): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

128 Acceptance or rejection of lists by Electoral Commission

(1)

The Electoral Commission must reject a list submitted under section 127

(a)

if the list is not submitted by a political party registered under Part 4; or

(b)

if the list is not lodged with the Electoral Commission by noon on nomination day; or

(c)

if the list does not contain the name of at least 1 candidate; or

(d)

if the list is not accompanied by the declaration required by section 127(3A); or

(da)
[Repealed]

(e)

if the deposit required by section 127A is not paid by noon on nomination day.

(2)

Where—

(a)

any person named as a candidate on a list submitted under section 127 is not qualified both to be a candidate and to be elected a member of Parliament; or

(b)

the consent of any person named as a candidate on a list submitted under section 127 is not lodged in the required form with the Electoral Commission not later than noon on nomination day,—

the Electoral Commission shall delete the name of that person from the list and the order of preference in the list shall be deemed to be amended accordingly.

(3)

If, after the deletion of any name or names of candidates from a list pursuant to subsection (2), there are no names of candidates left remaining on the list, the provisions of subsection (1)(c) shall apply.

Section 128 heading: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 128(1): substituted, on 28 February 2002, by section 47 of the Electoral Amendment Act 2002 (2002 No 1).

Section 128(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 128(1)(b): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 128(1)(da): repealed, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

Section 128(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 128(2)(b): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

128A Notice of change in component parties

(1)

Where the list of any political party has been accepted by the Electoral Commission under section 127(6), it shall be the duty of the secretary of that political party to notify the Electoral Commission by a declaration in the manner provided for by section 9 of the Oaths and Declarations Act 1957 of any change occurring before polling day in the details recorded in the declaration made under section 127(3A).

(2)

Every change to which subsection (1) applies shall be notified under that subsection as soon as practicable after the time at which the change occurs.

Section 128A: inserted, on 6 December 1995, by section 37 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 128A(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

128B Electoral Commission must record and notify change in component parties

If the component parties of a political party listed in the copy of any declaration received by the Electoral Commission under section 127(3A) differ from those recorded in the Register of Political Parties established by section 62(2), the Electoral Commission—

(a)

must amend the Register so that the component parties recorded in the Register are the same as those recorded in the declaration made to the Electoral Commission; and

(b)

must, immediately after amending the Register under paragraph (a), publish in the Gazette a notice of the amendment made under that paragraph.

Section 128B: substituted, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

128C Withdrawal of list of candidates

(1)

Any secretary of a political party may withdraw a list of candidates submitted by him or her under section 127 by notice in form 4A signed by him or her and witnessed by a Justice of the Peace or solicitor.

(2)

No withdrawal of a list of candidates under subsection (1) shall have any effect unless it is lodged with the Electoral Commission not later than noon on the date specified in the writ for the election of constituency candidates as the latest date for the nomination of constituency candidates.

(2A)

If a list of candidates is withdrawn under subsection (1), the deposit paid under section 127A must be returned to the party secretary, unless the party secretary submits another list of candidates in accordance with section 127.

(3)

Where a list of candidates is withdrawn under subsection (1), the party secretary may submit another list of candidates in accordance with section 127.

Section 128C: inserted, on 6 December 1995, by section 37 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 128C(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 128C(2): amended, on 28 February 2002, by section 48(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 128C(2A): inserted, on 28 February 2002, by section 48(2) of the Electoral Amendment Act 2002 (2002 No 1).

By-elections for vacancies in seats of members representing electoral districts

129 By-elections for members representing electoral districts

(1)

If the Speaker is satisfied that the seat of a member elected to represent an electoral district has become vacant, the Speaker must, without delay, publish a notice of the vacancy and its cause in the Gazette.

(2)

The Governor-General must, within 21 days after the date of a notice published in accordance with subsection (1), issue to the Electoral Commission a writ in form 6 requiring the Electoral Commission to make all necessary arrangements for the conduct of a by-election to fill the vacancy.

(3)

In any case in which it appears to the Governor-General to be necessary for special reasons, the Governor-General may, by Order in Council, authorise the postponement of the issue of a writ for a by-election until a day stated in the Order in Council, being a day not later than 42 days after the date on which the notice was published in accordance with subsection (1).

(4)

This section does not apply to a vacancy that occurs in the period between a dissolution or expiration of Parliament and the close of polling day at the next general election.

Section 129: substituted, on 28 February 2002, by section 49 of the Electoral Amendment Act 2002 (2002 No 1).

Section 129(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

130 When Governor-General to act for Speaker
[Repealed]

Section 130: repealed, on 28 February 2002, by section 49 of the Electoral Amendment Act 2002 (2002 No 1).

131 Power to resolve in certain cases that by-election not be held

Notwithstanding anything in section 129, no writ shall be issued for a by-election to supply a vacancy in the House of Representatives if—

(a)

the vacancy arises in the period of 6 months ending with the date of the expiration of the Parliament and a resolution that a writ not be issued to supply the vacancy is passed by a majority of 75% of all the members of the House of Representatives; or

(b)

following the presentation to the House of Representatives by the Prime Minister of a document informing the House that a general election is to be held within 6 months of the occurrence of the vacancy, a resolution is passed by a majority of 75% of all the members of the House of Representatives to the effect that a writ is not to be issued to supply the vacancy.

Compare: 1956 No 107 s 73A; 1990 No 1 s 35

Section 131(b): amended, on 17 August 2011, by section 19 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

132 Writ for by-election
[Repealed]

Section 132: repealed, on 28 February 2002, by section 50 of the Electoral Amendment Act 2002 (2002 No 1).

133 No writ to issue pending election petition

If after a petition has been presented against the return of any member representing an electoral district his or her seat becomes vacant on any of the grounds mentioned in section 55, no writ to fill the vacancy shall be issued until after the petition has been disposed of, and not then if the court determines that that member was not duly elected or returned and that some other person was duly elected or returned.

Compare: 1956 No 107 s 75

Section 133: amended, on 18 September 2005, by section 3 of the Electoral (Integrity) Amendment Act 2001 (2001 No 105).

Filling of vacancies in other seats

134 Supply of vacancy of seat of member elected from party list

(1)

If the Speaker is satisfied that the seat of a member elected as a consequence of inclusion of the member’s name on a list submitted under section 127 has become vacant, the Speaker must, without delay, publish a notice of the vacancy and its cause in the Gazette.

(2)

The Governor-General must, as soon as practicable after the date of a notice published in accordance with subsection (1), issue to the Electoral Commission a warrant in form 7 directing the Electoral Commission to proceed forthwith to supply the vacancy.

(3)

This section does not apply to a vacancy that occurs in the period between a dissolution or expiration of Parliament and the close of polling day at the next general election.

Section 134: substituted, on 28 February 2002, by section 51 of the Electoral Amendment Act 2002 (2002 No 1).

Section 134(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

135 When Governor-General to act for Speaker
[Repealed]

Section 135: repealed, on 28 February 2002, by section 51 of the Electoral Amendment Act 2002 (2002 No 1).

136 Power to resolve in certain cases not to supply vacancy

Notwithstanding anything in section 134, no direction shall be issued under that section to the Electoral Commission to supply a vacancy in the House of Representatives if—

(a)

the vacancy arises in the period of 6 months ending with the date of the expiration of the Parliament and a resolution that a direction not be issued to supply the vacancy is passed by a majority of 75% of all the members of the House of Representatives; or

(b)

following the presentation to the House of Representatives by the Prime Minister of a document informing the House that a general election is to be held within 6 months of the occurrence of the vacancy, a resolution is passed by a majority of 75% of all the members of the House of Representatives to the effect that a direction is not to be issued to supply the vacancy.

Compare: 1956 No 107 s 73A; 1990 No 1 s 35

Section 136: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 136(b): amended, on 17 August 2011, by section 20 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

137 Method of supplying vacancy

(1)

On receipt of any direction under section 134, the Electoral Commission must proceed to fill the vacancy in the manner prescribed in this section.

(2)

The Electoral Commission must determine which of the unelected candidates whose name was included in the same party list as the member whose seat has been declared vacant stood highest in the order of preference.

(3)

If that candidate is still alive, the Electoral Commission must inquire of the secretary of the political party on whose list the candidate appeared, whether the candidate remains a member of that party.

(4)

If that candidate is still alive and remains a member of that political party, the Electoral Commission must then inquire of that candidate whether that candidate is willing to be a member of Parliament, and if that candidate so indicates his or her willingness, the Electoral Commission must declare that person to be elected by notifying the person’s election in the Gazette.

(5)

If that person has died or is no longer a member of the political party or does not signify his or her willingness to be a member of Parliament, the Electoral Commission must proceed to make the inquiries described in subsections (3) and (4) in respect of the following candidate in order of preference on the party list, and so on, in descending order of preference, until one of the candidates who remains a member of the party signifies his or her willingness to be a member of Parliament, in which case the Electoral Commission must declare that person to be elected by notifying the person’s election in the Gazette.

(6)

If—

(a)

no candidate signifies his or her willingness to be a member of Parliament; or

(b)

there is no candidate lower in the order of preference on the party list than the member of Parliament whose seat has been declared vacant,—

the vacancy shall not be filled until the next general election.

(7)

Whenever subsection (6) applies, the Electoral Commission must publish in the Gazette a notice stating that the vacancy cannot be filled.

Section 137: substituted, on 6 December 1995, by section 38 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 137(1): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 137(1): amended, on 28 February 2002, by section 52(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 137(2): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 137(3): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 137(4): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 137(4): amended, on 28 February 2002, by section 52(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 137(5): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 137(5): amended, on 28 February 2002, by section 52(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 137(7): added, on 28 February 2002, by section 52(3) of the Electoral Amendment Act 2002 (2002 No 1).

Section 137(7): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

138 Filing of return

Where any vacancy is filled under section 137, or the Electoral Commission determines that the vacancy cannot be filled, the Electoral Commission shall, as soon as is convenient, file with the Clerk of the House of Representatives a return indicating,—

(a)

in any case where the vacancy can be filled, the name of the person declared to be elected and the date of the return; or

(b)

in any case where the vacancy cannot be filled, the fact that the vacancy cannot be filled and the date of the return.

Section 138: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Issue of writ

Heading: amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

139 Contents of writ

(1)

In every writ for a general election or a by-election there shall be appointed—

(a)

the latest day for the nomination of constituency candidates; and

(b)

a day for the polling to take place if a poll is required, being a Saturday; and

(c)

the latest day for the return of the writ.

(2)

Polling day shall not be earlier than the 20th day after nomination day nor later than the 27th day after nomination day.

(3)

[Repealed]

(4)

The latest day for the return of the writ (other than a writ issued under section 153E(2)) shall be the 50th day after its issue.

(5)

The latest day for the return of a writ issued under section 153E(2) shall be the 78th day after its issue.

Compare: 1956 No 107 s 76; 1975 No 28 s 30; 1985 No 149 s 18

Section 139(1): amended, on 28 February 2002, by section 53(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 139(3): repealed, on 28 February 2002, by section 53(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 139(4): amended, on 28 February 2002, by section 53(3) of the Electoral Amendment Act 2002 (2002 No 1).

Section 139(5): amended, on 28 February 2002, by section 53(3) of the Electoral Amendment Act 2002 (2002 No 1).

140 Chief Registrar to be notified of writ
[Repealed]

Section 140: repealed, on 1 July 2012, by section 50 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

141 Returning Officer to be notified of writ

Immediately after receiving a writ requiring an election to be held in a district, the Electoral Commission must notify the Returning Officer for the district of the following matters:

(a)

the issue of the writ:

(b)

the nomination day appointed in the writ:

(c)

the polling day appointed in the writ.

Section 141: substituted, on 28 February 2002, by section 54 of the Electoral Amendment Act 2002 (2002 No 1).

Section 141: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

142 Returning Officer to give public notice of polling day, nomination day, and nomination process

(1)

Immediately after receiving notification under section 141, the Returning Officer must give public notice of the following matters:

(a)

the polling day appointed in the writ:

(b)

the nomination day appointed in the writ:

(c)

the requirements for submitting nominations of candidates.

(2)

Every notice given under subsection (1) must be in a form approved by the Electoral Commission.

Section 142: substituted, on 28 February 2002, by section 54 of the Electoral Amendment Act 2002 (2002 No 1).

Section 142(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Nominations

143 Nominations of candidates for electoral districts

(1)

Any person qualified under this Act may, with his or her consent, be nominated as a constituency candidate for election for any electoral district, by not fewer than 2 registered electors of that district, by a nomination paper on a form provided by the Electoral Commission.

(2)

A person’s consent to nomination—

(a)

must, unless subsection (3) applies, be given in writing or electronically; but

(b)

need not be given at the time the nomination paper is lodged.

(3)

Where any person is for the time being outside New Zealand, his or her consent, for the purposes of subsection (2), may be signified to the Returning Officer in any manner approved by the Electoral Commission.

(3A)

If a nomination paper is lodged with the Returning Officer under subsection (1) in relation to a candidate for a political party, and the political party has a logo registered under section 71F, then in the following cases a copy of the logo may be submitted to the Returning Officer for inclusion on the ballot paper in accordance with section 150(13):

(a)

in the case of a general election,—

(i)

if the political party is not registered under Part 4; or

(ii)

if the political party is registered under Part 4, but is not submitting a party list under section 127:

(b)

in the case of a by-election, whether the political party is registered under Part 4 or not.

(4)

Every nomination paper and every consent and every logo submitted under subsection (3A) for inclusion on the ballot paper shall be lodged with or given to the Returning Officer for the district not later than noon on nomination day. The Returning Officer shall give a receipt in writing for every nomination accepted by him or her.

(5)

Each constituency candidate shall be nominated by a separate nomination paper in such manner as, in the opinion of the Returning Officer, is sufficient to identify the constituency candidate.

(6)

Every constituency candidate shall ensure that the name or names shown on the nomination paper as the name or names to be used on the ballot paper are short enough to fit on the ballot paper.

(7)

No elector may nominate more than 1 constituency candidate.

(8)

Any registered elector of the district may inspect any nomination paper or consent at the Returning Officer’s office without payment at any time when the office is open for the transaction of business.

Compare: 1956 No 107 s 80(1)–(6); 1990 No 1 s 38

Section 143(1): substituted, on 28 February 2002, by section 55(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 143(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 143(2): replaced, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 143(3): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 143(3A): substituted, on 28 February 2002, by section 55(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 143(3A): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 143(4): substituted, on 6 December 1995, by section 39(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

144 Deposit by candidate

(1)

Every constituency candidate, or some person on the constituency candidate’s behalf, shall deposit with the Returning Officer the sum of $300 not later than noon on nomination day.

(2)

The deposit shall be paid in the form of money, a bank draft, or a bank cheque.

(3)

The deposit of an unsuccessful candidate is forfeit and must be paid into a Crown Bank Account if the candidate receives in total less than 5% of the total number of votes received by constituency candidates in the district.

(4)

In every other case, the deposit of a constituency candidate must be returned to the person who paid it, but only after the Electoral Commission has received from that candidate duly completed returns under sections 205K and 209.

Compare: 1956 No 107 s 81; 1990 No 1 s 39(1)

Section 144(3): substituted, on 28 February 2002, by section 56 of the Electoral Amendment Act 2002 (2002 No 1).

Section 144(3): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

Section 144(4): added, on 28 February 2002, by section 56 of the Electoral Amendment Act 2002 (2002 No 1).

Section 144(4): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 144(4): amended, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

Section 144(4): amended, on 20 December 2007, by section 16 of the Electoral Amendment Act 2007 (2007 No 113).

145 Acceptance or rejection of nomination

(1)

The Returning Officer shall reject the nomination of any constituency candidate—

(a)

if the nomination paper and the consent of the candidate are not lodged with the Returning Officer not later than noon on nomination day; or

(b)

if the nomination paper does not state that the candidate is a registered elector of a specified electoral district, or, where section 49 applies, is a qualified elector of a specified electoral district; or

(c)

if the nomination paper is not signed by at least 2 registered electors of the district for which the nomination is made; or

(ca)
[Repealed]

(d)

if the required deposit is not paid as required by this Act.

(2)

Subject to the concurrence of the Electoral Commission, the Returning Officer shall not accept the nomination of any constituency candidate if the Returning Officer is not satisfied, by such evidence (if any) as the Returning Officer requires, that the name under which the candidate is nominated is—

(a)

the name under which the candidate’s birth was registered, with any alteration or addition made thereto under section 20 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 or an earlier corresponding provision; or

(b)

in the case of a person who has been adopted, the name conferred on that person by the adoption order; or

(c)

the name by which the candidate was commonly known throughout the period of 12 months ending with the day on which the nomination paper is lodged with the Returning Officer; or

(d)

the name which was adopted by the candidate through a name change registered under section 21B of the Births, Deaths, Marriages, and Relationships Registration Act 1995 (or an earlier corresponding provision) before the period of 12 months ending with the day on which the nomination paper is lodged with the Returning Officer and which was used by the candidate throughout that period.

(3)

Despite anything in subsection (2), in applying that subsection in the case of any constituency candidate who is, or has been, married to, or in a civil union with, another person, the other person’s surname may be substituted for the candidate’s surname in any of the cases specified in paragraphs (a) to (d) of that subsection, unless, if the other person were nominated as a constituency candidate under that surname, the Returning Officer would be required to reject his or her nomination under the provisions of that subsection.

(4)

[Repealed]

(5)

Notwithstanding anything in subsection (2), the Returning Officer may, with the concurrence of the Electoral Commission, accept the nomination of any constituency candidate under a name that does not comply with the provisions of that subsection, if the Returning Officer is satisfied that the name has been adopted by the candidate in good faith and for good reason and is not indecent or offensive or likely to deceive or cause confusion.

(6)

In every other case the Returning Officer shall accept the nomination.

(7)

Nothing in subsection (6) limits the jurisdiction of the court hearing an election petition.

Compare: 1956 No 107 s 82; 1983 No 104 s 16(1)

Section 145(1)(ca): repealed, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

Section 145(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 145(2)(a): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 145(2)(a): amended, on 1 September 1995, pursuant to section 96 of the Births, Deaths, and Marriages Registration Act 1995 (1995 No 16).

Section 145(2)(d): substituted, on 24 January 2009, by