This Act is administered in the Ministry of Justice.
1 Title
Part 1Preliminary provisions
2 Commencement
3 Interpretation
4 New sections 11A to 11C inserted
11A Appointment of deputies
11B Status of deputies
11C Protection from civil liability
5 Sections 16 and 17 repealed
6 New sections 20 to 20D substituted
20 Electoral officials
20A Electoral officials under direction of Chief Electoral Officer
20B Designation of Returning Officers
20C Chief Electoral Officer and Returning Officers may delegate powers
20D State sector agencies to assist with administration of elections
7 Chief Registrar of Electors
8 Registered electors may be members, unless disqualified
9 How vacancies created
10 Registrar of Court to notify cause of vacancy in certain cases
11 Registrar of Births and Deaths to notify Speaker of death of member
12 No person to be candidate for more than one district or on more than one list
13 Application for registration
14 Application for registration of party logo
15 Other grounds on which registration may be refused
16 Registration
17 Cancellation of registration
18 Cancellation of registration of party logo
19 New sections 71A and 71B inserted
71A Obligation to provide annual declaration regarding party
71B Obligation to provide copy of party membership rules and candidate selection rules
Part 2Amendments concerning registration of electors
20 Periodic exercise of Maori option and determination of Maori population
21 Exercise of Maori option
22 Compulsory registration of electors
23 New sections 83 to 83D substituted
83 Updating of electoral rolls
83A Procedure following inquiry under section 83
83B No form of inquiry required if application for registration as elector received
83C Elector who cannot be contacted to be included in dormant roll
83D Transfer of electors between electorates
24 Section 84 repealed
25 Application for registration
26 Registration of mentally incapable persons
27 New section 89 substituted
89 Notice of registration
28 New sections 92 to 94A substituted
92 Notification of death of registered elector
Marriage of registered elector
93 Notification of marriages
Change of name of registered elector
94 Notification of change of name
Confirmation of change of name, address, or other particulars
94A Confirmation of change of name, address, or other particulars
29 Notice of elector's objection
30 Registrar's objection
31 Removal of names from roll by Registrar
32 Electoral rolls
33 Rolls where Parliament dissolved after change of boundaries and before new rolls completed
34 New section 109 substituted
109 Dormant roll
35 New sections 111A to 111F inserted
111A Objectives of sections 111B to 111F
111B Interpretation of terms in sections 111C to 111F
111C Chief Registrar may seek consent of Maori electors to supply of information to designated body
111D Chief Registrar may supply information to designated body
111E Ministers of Justice and Maori Affairs may designate body to receive information
111F Designated body may supply information from register of iwi affiliations to iwi organisation and other Maori organisation
36 Supply of information on age and Maori descent
37 Supply of computer-compiled lists and computer tapes to local authorities
38 New section 114 substituted
114 Supply of electoral information to candidates, political parties, and members of Parliament
39 New section 114A inserted
114A General provision concerning supply of information by Chief Registrar in electronic form
40 Offences relating to use of electoral information
41 New section 117A substituted
117A Offence relating to misuse of electoral information supplied under section 111D
42 Copies of rolls for Returning Officer
43 New section 124 substituted
124 Power to destroy records
Part 3Amendments concerning elections
44 New section 125 substituted
125 Writ for general election
45 Election of list candidates
46 New section 127A inserted
127A Deposit by party secretary
47 Acceptance or rejection of lists by Chief Electoral Officer
48 Withdrawal of list of candidates
49 New section 129 substituted
129 By-elections for members representing electoral districts
50 Section 132 repealed
51 New section 134 substituted
134 Supply of vacancy of seat of member elected from party list
52 Method of supplying vacancy
53 Contents of writ
54 New sections 140 to 142 substituted
140 Chief Registrar and Electoral Commission to be notified of writ
141 Returning Officer to be notified of writ
142 Returning Officer to give public notice of polling day, nomination day, and nomination process
55 Nominations of candidates for electoral districts
56 Deposit by candidate
57 New heading and sections 146A to 146L inserted
Bulk nomination of candidates by registered political parties
146A Purpose of sections 146B to 146L
146B Notice of intention to lodge bulk nomination
146C Effect of notification of intention to lodge bulk nomination on nominations under section 143
146D Bulk nomination of constituency candidates
146E Bulk nomination schedule
146F Deposit payable in respect of bulk nomination schedule
146G Acceptance or rejection of bulk nomination schedule or nomination of candidate
146H Amendment of bulk nomination schedule
146I Withdrawal of bulk nomination schedule
146J Withdrawal of nomination in bulk nomination schedule
146K Replacement nomination if earlier nomination withdrawn or lapses
146L Inspection of bulk nomination schedules and consents to nomination
58 Advertisement of nomination and polling places
59 New section 148 substituted
148 Procedure where election not contested
60 Form of ballot papers
61 New heading and new sections 151A, 152 to 152C, and 153 to 153H substituted
Death or incapacity of candidate
151A Interpretation
152 Death before close of nominations
152A Incapacity of candidate before close of nominations
152B Procedural provisions relating to making of application under section 152A(1)
152C How application under section 152A to be dealt with
153 Death or incapacity of list candidate after submission of list
153A Death or incapacity of constituency candidate after close of nominations and before polling day
153B Death or incapacity of constituency candidate on polling day
153C Death or incapacity of successful constituency candidate after close of poll and before declaration of result
153D Application of equality of votes provisions if constituency candidate dies or becomes incapacitated after close of poll
153E New election to be held if writ vacated
153F Destruction of ballot papers if by-election interrupted
153G Application for cancellation of nomination if candidate incapacitated after close of nominations
153H How application under section 153G to be dealt with
62 Power to appoint polling places
63 New sections 157 to 160 substituted
157 Materials for polling places
158 Appointment of polling place officials
158A Polling place officials under direction of Chief Electoral Officer and Returning Officer
159 Exercise of powers and duties of polling place officials
159A Interpreters
160 Scrutineers
64 New section 164 substituted
164 Persons not to remain in polling places
65 New section 167 substituted
167 Issue of ordinary ballot papers
66 Sections 173 and 173A repealed
67 New sections 174 to 174G substituted
174 Preliminary count of votes cast in polling place
174A Ballot papers, etc, to be compiled, certified, and sent to Returning Officer
174B No preliminary count if fewer than 6 ordinary ballot papers issued
174C Preliminary count of early votes
174D Conditions for counting early votes before close of poll
174E Maintenance of secrecy of count of early votes
174F Scrutineers for count of early votes
174G Offences in relation to count of early votes conducted before close of poll
68 Scrutiny of the rolls
69 Marked copies of rolls to be compared
70 Counting the votes
71 New section 179 substituted
179 Declaration of result of poll
72 Scrutineers for recounts and allocation of list seats
73 New sections 185 and 186 substituted
185 Endorsement and return of writ
186 Chief Electoral Officer may correct writ
74 Disposal of ballot papers, rolls, etc
75 New section 189 substituted
189 Disposal of packets
76 Selection of candidates
77 New section 193A inserted
193A Chief Electoral Officer may correct list of members elected
78 New section 194 substituted
194 Manager of polling place to maintain order
79 New sections 196 and 196A substituted
196 Obligation of persons in possession of ballot papers
196A Unlawful possession of ballot paper
80 Interfering with or influencing voters
81 New section 199A inserted
199A Publishing false statements to influence voters
82 Periods for claiming and paying expenses
83 Procedure where claim disputed
84 Payments to be vouched by bill
85 Return of election expenses
86 New section 210A inserted
210A Time limit for prosecutions
87 New section 211 substituted
211 Return to be available for public inspection
88 Maximum amount of election expenses
89 Advertisements for party lists
90 Maximum amount of parties' election expenses
91 New sections 214BA to 214BD inserted
214BA Periods for claiming and paying expenses
214BB Procedure if claim disputed
214BC Leave to pay claim after time limited
214BD Payments to be vouched by bill
92 Return of election expenses
93 Appointment of auditors
94 Auditor's report
95 New sections 214F to 214L substituted
214F Interpretation
214G Return of party donations
214H Auditor's report
214I Duties of Electoral Commission
214J Inspection of returns and audit reports
General provisions relating to returns
214K Obligation to file nil returns
214L Obligation to retain records necessary to verify returns
96 Punishment for corrupt or illegal practice
Part 4Other amendments to principal Act
97 New section 263B inserted
263B Disclosure of personal information for enrolment purposes
98 Regulations
Part 5Miscellaneous provisions
99 Schedule 1 of principal Act amended
14 Commission may state case for opinion of High Court
100 Schedule 2 of principal Act amended
101 Consequential amendments and repeals
102 Consequential amendment to Goods and Services Tax Act 1985
103 Transitional provision relating to pending applications for registration of political parties and party logos
104 Transitional provision relating to work of Representation Commission following 2001 census
Schedule 1New forms 1, 3, and 6
Schedule 2Consequential amendments to principal Act
Schedule 3Consequential amendments to Citizens Initiated Referenda Act 1993
Schedule 4Amendments to other enactments
Legislative history
The Parliament of New Zealand enacts as follows: