New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 November 2010
| Public Act | 2001 No 35 |
| Date of assent | 29 May 2001 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Department of Internal Affairs.
5A General description of First Past the Post electoral system
5B General description of Single Transferable Voting electoral system
11 Triennial general election not necessary in certain cases
14 Rules applying to electoral officers, deputy electoral officers, and other electoral officials
15 General duties of electoral officer
16 Conduct of elections and polls for territorial authorities and community boards
17 Conduct of elections and polls for local authorities that are not territorial authorities
18 Conduct of election or poll in conjunction with other election or poll
19 Conduct of separate election or poll
Duties of programmers and certifiers
Part 1A
Representation arrangements for elections of territorial authorities, regional councils, and community boards
19A Membership of territorial authorities
19B Basis of election of mayor of territorial authority
19C Basis of election of members of territorial authority
19D Membership of regional councils
19E Basis of election of members of regional council
19F Membership of community boards
19G Basis of election of members of community board
19H Review of representation arrangements for elections of territorial authorities
19I Review of representation arrangements for elections of regional councils
19J Review of community boards
19K Requirements for resolution
19L Distribution of copies of resolution
19M Public notice of proposals and responsibilities in relation to submissions
19Q Obligation to forward appeals and objections to Commission
19R Commission to determine appeals and objections
19S Determination of Commission
19T Requirement for effective representation and other factors in determination of membership and basis of election of territorial authorities
19U Requirement for effective representation and other factors in determination of membership and basis of election of regional council
19V Requirement for fair representation and other factors in determination of membership for wards, constituencies, and subdivisions
19W Factors in determination of matters in relation to community boards
19X Certificate of Government Statistician
19Y When determinations take effect
Māori wards and Māori constituencies
19Z Territorial authority or regional council may resolve to establish Māori wards or Māori constituencies
19ZA Public notice of right to demand poll
19ZC Requirements for valid demand
19ZD Territorial authority or regional council may resolve to hold poll
19ZE Limitation on division into Māori wards or Māori constituencies
19ZH Basis of election of territorial authority and regional council
19ZI Guidelines in relation to reviews of representation
Part 2
Local elections and polls
20 Right to vote in election or poll
24B Voting rights at triennial general election of territorial authority
24C Voting rights at election to fill extraordinary vacancy in respect of Māori ward
24D Electors of Māori constituencies
24E Voting rights at triennial general election of regional council
24F Voting rights at election to fill extraordinary vacancy in respect of Māori constituency
26 Right to nominate candidate
Electoral systems for elections
27 Local authority may resolve to change electoral systems
28 Public notice of right to demand poll on electoral system
30 Requirements for valid demand
31 Local authority may resolve to hold poll
32 Limitation on change to electoral systems
35 Electoral systems for polls
36 Voting method for elections and polls
38 Compilation of electoral roll
39 Public notice of procedures for enrolment as ratepayer on electoral roll
40 No person to be enrolled more than once for local authority or community board
41 Supply of information by Chief Registrar of Electors
42 Roll to be available for public inspection
43 Inspection of rolls at meetings and hui
44 Application for registration as parliamentary elector
45 Completion of electoral roll
46 Removal of names from electoral roll
49 Appeals to District Court in respect of roll
Part 3
Conduct of elections and polls
53 Additional material to be included in notice in respect of election
54 Additional material to be included in notice in respect of poll
57A Candidacy for more than 1 ward or constituency or subdivision prohibited
57B Candidacy for ward and membership at large prohibited
58 Candidacy for both regional council and constituent authority prohibited
58A Prohibition on candidacy for community board
59 Forfeiture of deposit and refund of deposit
60 Withdrawal, death, or incapacity of candidate before close of nominations
61 Candidate profile statements
62 Provision of candidate profile statements to electors
Procedures after close of nominations
63 If number of candidates does not exceed number of vacancies, candidates to be declared elected
64 Vacancies remaining unfilled to be extraordinary vacancies
Further notice of election or poll
65 Further notice to electors of election or poll
68 General rules affecting scrutineers
69 Candidate may retire after close of nominations
70 Death, incapacity, or invalid nomination of mayoral candidate after close of nominations
71 Retirement, death, incapacity, or invalid nomination of candidate
72 If election becomes unnecessary
73 Adjournment of election or poll
Voting, processing, and counting of votes
74 Electoral officer to maintain security and secrecy at election or poll
75 What voting documents for election must contain
76 What voting documents for polls must contain
77 Approval of voting documents for use at elections and polls
80 Processing before close of voting
81 Scrutineers' presence at processing prohibited before close of voting
82 Justices of the Peace to observe processing before close of voting
87 Death or incapacity of elected candidate before declaration of result of election
88 What happens if same person elected as mayor and another member
88A What happens if same person elected to both territorial authority and community board
88B Amended declaration if election under First Past the Post electoral system
88C Amended declaration if election under Single Transferable Voting electoral system
88D Application of provision relating to petition for inquiry
88E What happens if no amended declaration can be made
88F What happens if member of community board becomes member of territorial authority
Part 4
Disputed elections and polls
Recount of votes cast at election
94 Specified grounds only to be investigated
97 Powers of District Court Judge
99 Election or poll not void by reason of certain irregularities
102 New election or poll if election or poll declared void
105 Periods for claiming and paying expenses
106 Procedure if claim disputed
107 Leave to pay claim after time limited
108 Payments to be vouched by bill
109 Return of electoral expenses
110 Return to be open for public inspection
111 Maximum amount of electoral expenses
112 Apportionment of electoral expenses
113 Advertisements for candidates
Part 6
Term of elected members and extraordinary vacancies
Term of membership of elected members
115 When members come into office
Filling of extraordinary vacancies
117 Extraordinary vacancy in local authority or community board
117A Power to fill by appointment extraordinary vacancy in community board
118 Notice of intention to fill vacancy by appointment
119 Notice of intention to leave vacancy unfilled
120 Election to fill extraordinary vacancy
122 Interfering with or influencing voters
123 Offences in respect of official documents
130 Disclosing voting or state of election or poll
131 Penalty for electoral officer, deputy electoral officer, and other electoral officials
132 Payments in breach of section 105
133 Failure to transmit return
135 Unauthorised advertisements
137 Property may be stated as being in electoral officer
138 Duty to take action in respect of offences
Part 8
Miscellaneous provisions
138A Special provision in relation to certain elections to fill extraordinary vacancies and certain polls
140 Powers and duties of electoral officers
143 Conduct of elections and polls
144 Transitional regulations [Repealed]
146 Regulations having effect under this Act
147 Cost of elections and polls
148 Validation of irregularities
149 Amendments to section 101ZQ of Local Government Act 1974 [Repealed]
150 Amendment to Schedule 2 of New Zealand Public Health and Disability Act 2000
151 Amendments to other enactments
153 Transitional provisions relating to electoral systems
154 Transitional provisions relating to returning officers
155 Transitional provisions relating to electoral rolls
156 Further transitional provisions relating to electoral rolls
157 Transitional provisions relating to voting documents
Schedule 1
New Zealand method of counting single transferable votes
[Repealed]
Schedule 1A
Provisions relating to Māori wards and Māori constituencies
Schedule 2
Return of electoral expenses and electoral donations
Schedule 4
Repeals and revocations
