Electoral Amendment Act 2002

35 New sections 111A to 111F inserted
  • The principal Act is amended by inserting, after section 111, the following sections:

    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.

    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.

    111C Chief Registrar may seek consent of Maori electors to supply of information to designated body
    • (1) The Chief Registrar may seek the consent of any Maori elector to the supply by the Chief Registrar 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:

      • (c) the elector's date of birth:

      • (d) any randomly generated number assigned to that elector by the Chief Registrar.

      (3) The Chief Registrar 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 Chief Registrar must not seek the consent under this section of a person in respect of whom the Chief Registrar has given a direction under section 115.

      (5) If the Chief Registrar seeks the consent of a person under this section, the Chief Registrar must advise the person of the provisions of section 111D(4) and section 111F(1) to (4).

      (6) If the Chief Registrar seeks the consent of a person under subsection (1), the Chief Registrar must advise the person that a consent given under that subsection may be withdrawn at any time.

      (7) The Chief Registrar—

      • (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.

    111D Chief Registrar may supply information to designated body
    • (1) The Chief Registrar may supply the information described in subsection (2) to the designated body if—

      • (a) the Chief Registrar has obtained the consent of a Maori elector under section 111C(1) (and that consent has not been withdrawn); and

      • (b) the Chief Registrar 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 Chief Registrar 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.

    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).

    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.