Electoral (Administration) Amendment Act 2010

Schedule 2
Consequential amendments to principal Act

ss 27, 32

Part 1
Consequential amendments coming into force on day after Royal assent

Section 4A(1)

Insert established by section 4 after the Electoral Commission.

Section 5

Omit shall be and substitute established by section 4 are.

Section 6(2)

Omit Commission shall have and substitute Electoral Commission established by section 4 has.

Section 7

Omit Electoral Commission must and substitute Electoral Commission established by section 4 must.

Section 8(1)

Omit Electoral Commission shall consist and substitute Electoral Commission established by section 4 consists.

Section 9

Insert established by section 4 after the Electoral Commission.

Section 14

Insert established by section 4 after the Electoral Commission.

Part 2
Change of Chief Electoral Officer to Electoral Commission

Definition of list candidate in section 3:

Heading to section 20A:

Section 20A(1) and (2):

Section 20B:

Section 20D(1) and (2):

Section 42(4):

Section 54(2) and (2)(a):

Section 92(2):

Section 123(2):

Section 125:

Section 127(1), (3)(a), (6), and (8)(a):

Section 127A(1) and (5)(b):

Heading to section 128:

Section 128(1), (1)(b), (2), and (2)(b):

Section 128A(1):

Section 128C(2):

Section 129(2):

Section 134(2):

Section 136:

Section 137(7):

Section 138:

Section 141:

Section 142(2):

Section 143(1) and (3):

Section 144(4):

Section 145(2) and (5):

Section 146B(1), (2)(b), (3), and (4)(a):

Section 146C(1):

Section 146D(2), (3)(b), and (4):

Section 146E(4) and (5)(b):

Section 146F(1) and (4):

Section 146G(1), (1)(c), (2), (3), (3)(b), and (4):

Section 146H(1), (2), (3), (3)(a), (3)(b), and (4)(b):

Section 146I(2) and (3):

Section 146J(1) and (2):

Section 146K(1)(a) and (c):

Section 146L(c):

Section 147(1), (4), and (5):

Section 148(1):

Section 150(12)(b) and (13)(b):

Section 151A:

Section 152(4):

Section 152A(3) and (4)(b):

Section 152B(1)(b)(ii), (2), and (4)(a):

Section 152C(1), (2), (3), (4), and (5):

Section 153A(2)(c):

Section 153B(2)(c):

Section 153C(2):

Section 153E(1):

Section 153G(2)(b)(ii), (3), and (5)(a):

Section 153H(1), (2), (3), (4), and (5):

Section 155(1) and (5):

Heading to section 158A:

Section 158A(1) and (2):

Section 174D(2)(a):

Section 174E(3):

Section 179(1), (2), (3), (4), (5), and (6):

Section 180(10):

Section 183(3) and (5):

Section 185(4) and (5):

Section 187(1):

Section 191(1), (4)(b)(ii), (4A), (8)(b), and (10):

Section 192(2)(b) and (5):

Section 193(6) and (7):

Heading to section 193A:

Section 193A(1), (1)(a), and (2):

Section 197(1)(c)(i):

Section 205K(1) and (2):

Section 205M(2):

The heading to section 205P:

Section 205P:

Section 207I(1):

Section 209(1), (4)(c), (5)(c), and (6):

Section 209E(1), (3), and (4):

Section 229(4):

Section 231(1):

Section 258(3) and (5):

Section 259:

Section 262(c)(iii):

Form 3 of Schedule 2:

Form 4 of Schedule 2:

Form 4A of Schedule 2:

Form 6 of Schedule 2:

Form 7 of Schedule 2.

Part 3
Further consequential amendments

Section 3

Definition of public inspection period: omit Chief Electoral Officer or the Electoral Commission, as the case may be, in each place where it appears and substitute in each case Electoral Commission.

Section 4C

Omit established by section 4B.

Section 4D

Subsection (1): omit established by section 4B.

Section 4E

Omit established by section 4B.

Section 4F

Subsection (1): omit established by section 4B.

Section 4G

Subsection (1): omit established by section 4B.

Section 4H

Subsection (1): omit established by section 4B.

Section 4I

Subsection (1): omit established by section 4B.

Subsection (8): repeal.

Section 4J

Omit established by section 4B.

Section 20B

Add as subsection (2):

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

Section 33(4)

Omit The Deputy Chief Electoral Officer appointed pursuant to section 19 of this Act shall have and substitute The Deputy Electoral Commissioner appointed under section 4I as the deputy for the Chief Electoral Officer has.

Section 67

Subsection (1)(c): omit ; and.

Subsection (1)(d): repeal.

Subsection (4): repeal.

Section 67A(1)

Paragraph (c): omit ; and.

Paragraph (d): repeal.

Paragraph (e): repeal.

Section 128B

Repeal and substitute:

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 137

Omit Chief Electoral Officer shall in each place where it occurs and substitute in each case Electoral Commission must.

Section 140

Repeal and substitute:

140 Chief Registrar to be notified of writ
  • Immediately after receiving a writ for an election to be held in any district, the Electoral Commission must notify the Chief Registrar of the issue of the writ.

Section 146D(4)

Omit he or she and substitute the Electoral Commission.

Section 146L

Omit Chief Electoral Officer's and substitute Electoral Commission's.

Section 147(2)

Omit Chief Electoral Officer shall forthwith and substitute Electoral Commission must immediately.

Section 148(2)

Omit the Chief Electoral Officer and substitute an Electoral Commissioner on behalf of the Electoral Commission.

Section 152C(2)

Omit he or she and substitute the Returning Officer or Electoral Commission.

Section 153A(3)

Omit after receiving and substitute after the Electoral Commission receives.

Omit the Chief Electoral Officer must and substitute an Electoral Commissioner must, on behalf of the Electoral Commission,.

Section 153B(3)

Omit after receiving and substitute after the Electoral Commission receives.

Omit the Chief Electoral Officer must and substitute an Electoral Commissioner must, on behalf of the Electoral Commission,.

Section 153C(3)

Omit The Chief Electoral Officer must, immediately on and substitute Immediately on the Electoral Commission.

Insert an Electoral Commissioner must, on behalf of the Electoral Commission, after subsection (2).

Section 153E(1)

Omit endorsing and substitute an Electoral Commissioner has endorsed.

Section 153H(2)

Omit he or she and substitute the Returning Officer or Electoral Commission.

Section 175

Subsection (3): omit the Chief Electoral Officer and substitute an Electoral Commissioner.

Subsection (5)(a): repeal and substitute:

  • (a) an Electoral Commissioner:.

Subsection (5)(c): omit Chief Electoral Officer and substitute Electoral Commissioner.

Subsection (5)(d): omit Chief Electoral Officer and substitute Electoral Commissioner.

Section 176(1)

Omit Chief Electoral Officer and substitute Electoral Commissioner.

Section 183(4)

Omit the Chief Electoral Officer and substitute an Electoral Commissioner.

Section 184(2)

Omit Chief Electoral Officer shall and substitute Electoral Commission must.

Section 185

Subsection (1): omit Chief Electoral Officer has and substitute Electoral Commission has.

Subsection (1): omit the Chief Electoral Officer must and substitute an Electoral Commissioner must, on behalf of the Electoral Commission,.

Section 186

Repeal and substitute:

186 Electoral Commission may correct writ
  • (1) If the Electoral Commission is satisfied that the name of a member elected to represent an electoral district is not correctly recorded on the writ, an Electoral Commissioner may, on behalf of the Electoral Commission, before or after complying with the requirements of section 185(1), make any alterations to the writ necessary to ensure that the member's name is correctly recorded.

    (2) Before making a correction under subsection (1), the Electoral Commissioner must consult with the member concerned and with the Returning Officer.

    (3) If the Electoral Commissioner makes a correction under subsection (1) after complying with the requirements of section 185(1),—

    • (a) the Electoral Commission must forward to the Clerk of the House of Representatives a copy of the writ as corrected; and

    • (b) that copy is to be treated for all purposes as the copy forwarded to the Clerk of the House of Representatives under section 185(1).

Section 189(2)

Omit the Chief Electoral Officer and substitute an Electoral Commissioner.

Section 191

Omit Chief Electoral Officer shall in each place where it appears and substitute in each case Electoral Commission must.

Subsection (1): omit he or she shall and substitute the Electoral Commission must.

Subsection (10): omit shall draw a circle and substitute must cause a circle to be drawn.

Section 192

Omit Chief Electoral Officer shall in each place where it appears and substitute in each case Electoral Commission must.

Section 193

Omit Chief Electoral Officer shall in each place where it appears and substitute in each case Electoral Commission must.

Subsection (6): omit he or she in each place where it appears and substitute in each case the Electoral Commission.

Subsection (7): omit he or she and substitute the Electoral Commission.

Section 205R

Repeal and substitute:

205R Return of candidate's election expenses to be publicly available
  • (1) The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every return filed under section 205K.

    (2) During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return filed under section 205K.

    (3) The Electoral Commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the Official Information Act 1982.

Section 207I(3)

Omit the Chief Electoral Officer and.

Section 207K

Subsection (2)(b): repeal and substitute:

  • (b) if this is not possible, pay the amount of the donation, or its value, less $1,000 to the Electoral Commission.

Subsection (3)(b): repeal and substitute:

  • (b) if this is not possible, pay the amount of the donation, or its value, to the Electoral Commission.

Subsection (4): omit the Chief Electoral Officer and.

Section 207O

Repeal and substitute:

207O Duty of Electoral Commission in relation to donations
  • If the Electoral Commission believes that any person has committed an offence against this subpart or against subparts 4 to 6 of this Part, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police.

Section 221A(2)

Omit the Chief Electoral Officer,.

Schedule 2

Form 1: omit *Chief Electoral Officer and substitute *Electoral Commissioner.

Note 4 of form 1: omit The Chief Electoral Officer and substitute An Electoral Commissioner.

Form 3: omit you to and substitute the Electoral Commission to.

Form 3: omit You are and substitute An Electoral Commissioner, on behalf of the Electoral Commission, is.

Form 6: omit you to and substitute the Electoral Commission to.

Form 6: omit You are and substitute An Electoral Commissioner, on behalf of the Electoral Commission, is.

Form 7: omit you and substitute the Electoral Commission.

Form 14: omit Chief Electoral Officer and substitute Electoral Commissioner.