Electoral (Administration) Amendment Act 2010

Crest

Electoral (Administration) Amendment Act 2010

Public Act2010 No 26
Date of assent21 May 2010
Commencementsee section 2

Contents

1 Title

2 Commencement

3 Principal Act amended

Part 1
Amendments to principal Act

Subpart 1Amendments coming into force on day after Royal assent

4 New sections 4B to 4J inserted

Subpart 2Amendments coming into force on 1 October 2010

5 Interpretation

6 Sections 4 and 4A repealed

7 New sections 5 to 9 substituted

8 Sections 11A, 11B, 14, and 18 to 20 repealed

9 New sections 20C to 20CC substituted

10 Section 24 repealed

11 New section 47A inserted

12 Offence for public servant to sit

13 How vacancies created

14 Other amendments to principal Act

Part 2
Consequential amendments and transitional provisions

15 Interpretation

Subpart 1Provisions coming into force on day after Royal assent

16 New Electoral Commission may perform certain functions before 1 October 2010

17 Statement of intent

18 References to Electoral Commission

19 Assets and liabilities of existing Electoral Commission

20 Employees of existing Electoral Commission

21 References to Chief Electoral Officer

22 Assets and liabilities of Chief Electoral Office

23 Employees of Ministry of Justice

24 Terms and conditions of transferred employees

25 Continuity of employment

26 Restriction of compensation for technical redundancy

27 Consequential amendments

Subpart 2Provisions coming into force on 1 October 2010

28 Existing Electoral Commission disestablished

29 Appointment of existing Chief Electoral Officer revoked

30 Enforcement of existing rights

31 Responsibility for reports and accounts of existing Electoral Commission from 1 July 2010

32 Consequential amendments

Schedule 1
Other amendments to principal Act

Schedule 2
Consequential amendments to principal Act

Schedule 3
Consequential amendments to other Acts

Schedule 4
Consequential amendments to regulations


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Electoral (Administration) Amendment Act 2010.

2 Commencement
  • (1) The following provisions come into force on 1 October 2010:

    (2) The rest of this Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act amended

Part 1
Amendments to principal Act

Subpart 1Amendments coming into force on day after Royal assent

4 New sections 4B to 4J inserted
  • The following sections are inserted after section 4A:

    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.

    4C Objective
    • The objective of the Electoral Commission established by section 4B 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.

    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 established by section 4B 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.

    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 established by section 4B 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.

    4F Resignation of member
    • (1) A member of the Electoral Commission established by section 4B 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

    4G Power to remove or suspend members
    • (1) Section 42 of the Crown Entities Act 2004 applies to any member of the Electoral Commission established by section 4B 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

    4H Filling of vacancy
    • (1) If a vacancy occurs in the membership of the Electoral Commission established by section 4B, 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

    4I Deputy Electoral Commissioners
    • (1) The Electoral Commission established by section 4B 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) In subsection (1), electoral official means any person that the Electoral Commission established by section 4B employs or engages for the purpose of assisting with the performance of its functions.

    4J Proceedings of Electoral Commission
    • The provisions of Schedule 1 apply to the Electoral Commission established by section 4B and to its proceedings.

Subpart 2Amendments coming into force on 1 October 2010

5 Interpretation
  • (1) Section 3(1) is amended by repealing the definition of Electoral Commission and substituting the following definition:

    Electoral Commission means the Electoral Commission established by section 4B.

    (2) Section 3(1) is amended by repealing the definition of Electoral Commissioner or Commissioner and substituting the following definition:

    Electoral Commissioner or Commissioner means a member of the Electoral Commission.

    (3) Section 3(1) is amended by repealing the definition of electoral official and substituting the following definition:

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

    (4) Paragraph (b)(iii) of the definition of public servant in section 3(1) is amended by omitting ; but and substituting ; and.

    (5) The definition of public servant in section 3(1) is amended by inserting the following paragraphs after paragraph (b):

    • (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.

6 Sections 4 and 4A repealed
7 New sections 5 to 9 substituted
  • Sections 5 to 9 are repealed and the following sections substituted:

    5 Functions
    • The functions of the Electoral Commission are to—

      • (a) carry the provisions of this Act (except those of Part 5) 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.

    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 tabling in 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.

    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).

    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.

    9 Electoral Commission may delegate functions, duties, or powers to non-employees
    • In addition to the persons listed in section 73(1) of the Crown Entities Act 2004, the Electoral Commission may delegate any of its functions, duties, or powers, either generally or specifically, to any electoral official who is engaged by (rather than employed by) the Electoral Commission.

8 Sections 11A, 11B, 14, and 18 to 20 repealed
9 New sections 20C to 20CC substituted
  • Section 20C is repealed and the following sections are substituted:

    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.

    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

    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

    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.

10 Section 24 repealed
11 New section 47A inserted
  • The following section is inserted after section 47:

    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.

12 Offence for public servant to sit
  • (1) The heading to section 48 is amended by inserting or Returning Officer after public servant.

    (2) Section 48 is amended by inserting or having been appointed as a Returning Officer after having become a public servant.

13 How vacancies created
  • Section 55(1) is amended by inserting the following paragraph after paragraph (e):

    • (ea) if he or she is appointed as a Returning Officer; or.

14 Other amendments to principal Act
  • The principal Act is amended in the manner set out in Schedule 1.

Part 2
Consequential amendments and transitional provisions

15 Interpretation
  • In this Part, unless the context requires otherwise,—

    existing Chief Electoral Officer means the Chief Electoral Officer appointed under section 18 of the principal Act

    existing Electoral Commission means the Electoral Commission established by section 4 of the principal Act

    new Electoral Commission means the Electoral Commission established by section 4B of the principal Act as inserted by section 4 of this Act

    previous employer, in relation to a transferred employee, means the employer of that employee immediately before 1 October 2010

    transferred employee means a person who,—

    • (a) immediately before 1 October 2010, was employed by the Ministry of Justice or the existing Electoral Commission; and

    • (b) is transferred to the new Electoral Commission under section 20 or 23.

Subpart 1Provisions coming into force on day after Royal assent

16 New Electoral Commission may perform certain functions before 1 October 2010
  • Until the close of 30 September 2010, the new Electoral Commission may perform only those functions that are necessary or desirable to bring, or in connection with bringing, the principal Act as amended by this Act into operation.

17 Statement of intent
  • The existing Electoral Commission is not required to produce a statement of intent for the financial year commencing 1 July 2010.

18 References to Electoral Commission
  • (1) Until the close of 30 September 2010, any reference to the Electoral Commission—

    • (a) in sections 4B to 4J of the principal Act must be read as a reference to the Electoral Commission established by section 4B of the principal Act; and

    • (b) in the following enactments must be read as a reference to both the Electoral Commission established by section 4 of the principal Act and the Electoral Commission established by section 4B of the principal Act:

      • (ii) Part 2 of Schedule 1 of the Ombudsmen Act 1975:

      • (iii) Schedule 4 of the Remuneration Authority Act 1977; and

    • (c) in any other enactment must be read as a reference to the Electoral Commission established by section 4 of the principal Act.

    (2) On and from 1 October 2010, any reference to the Electoral Commission in any enactment must be read as a reference to the Electoral Commission established by section 4B of the principal Act.

19 Assets and liabilities of existing Electoral Commission
  • On 1 October 2010, all assets, records, liabilities, and debts of the existing Electoral Commission vest in the new Electoral Commission.

20 Employees of existing Electoral Commission
  • (1) On 1 October 2010, all employees of the existing Electoral Commission are transferred to the new Electoral Commission.

    (2) Subsection (1) does not apply to any employee who does not consent to being transferred.

21 References to Chief Electoral Officer
  • (1) Until the close of 30 September 2010, any reference to the Chief Electoral Officer, other than a reference in section 4D of the principal Act, must be read as a reference to the Chief Electoral Officer appointed under section 18 of the principal Act.

    (2) On and from 1 October 2010,—

    • (a) the references to the Chief Electoral Officer in sections 28(2)(c) and 33(4) of the principal Act must be read as references to the Chief Electoral Officer appointed under section 4D(1)(a) of the principal Act; and

    • (b) any other reference to the Chief Electoral Officer in any enactment must be read as a reference to the Electoral Commission established by section 4B of the principal Act.

22 Assets and liabilities of Chief Electoral Office
  • (1) The Secretary for Justice must identify all assets, records, liabilities, and debts of the Ministry of Justice that, immediately before 1 October 2010, are assets, records, liabilities, and debts used or incurred by the Chief Electoral Office of the Ministry of Justice.

    (2) On 1 October 2010, the assets, records, liabilities, and debts identified by the Secretary for Justice under subsection (1) vest in the new Electoral Commission.

23 Employees of Ministry of Justice
  • (1) The Secretary for Justice must identify all permanent employees of the Ministry of Justice who, immediately before 1 October 2010, are appointed to positions within the Chief Electoral Office of the Ministry of Justice.

    (2) On 1 October 2010, the employees identified by the Secretary for Justice under subsection (1) are transferred to the new Electoral Commission.

    (3) Subsection (2) does not apply to—

    • (a) the existing Chief Electoral Officer; or

    • (b) any person appointed as Deputy Chief Electoral Officer under section 19 of the principal Act; or

    • (c) any employee who does not consent to being transferred.

24 Terms and conditions of transferred employees
  • (1) The employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to the employee immediately before 1 October 2010.

    (2) Subsection (1)—

    • (a) continues to apply to the terms and conditions of employment of a transferred employee until those terms and conditions are varied by agreement between the transferred employee and the new Electoral Commission; but

    • (b) does not apply to a transferred employee who receives any subsequent appointment with the new Electoral Commission.

25 Continuity of employment
  • (1) Every transferred employee becomes an employee of the new Electoral Commission on 1 October 2010.

    (2) However, for the purposes of this Act and every enactment, law, determination, contract, and agreement relating to the employment of the transferred employee,—

    • (a) the contract of employment of that employee is deemed to have been unbroken; and

    • (b) that employee's period of service with his or her previous employer, and every other period of service of that employee that is recognised as continuous service by his or her previous employer, is deemed to have been a period of service with the new Electoral Commission.

26 Restriction of compensation for technical redundancy
  • (1) An employee of the existing Electoral Commission or the Ministry of Justice is not entitled to receive any payment or other benefit from the existing Electoral Commission or the Ministry of Justice on the ground that his or her position with that employer has ceased to exist if—

    • (a) the position ceases to exist as a result of amendments made by this Act; and

    • (b) in connection with the transfer of employees under this Act,—

      • (i) the transfer of the employee would result in substantially equivalent employment in the new Electoral Commission (whether or not the employee consents to the transfer); or

      • (ii) the employee consents to a transfer that will result in other employment in the new Electoral Commission.

    (2) Substantially equivalent employment to the employee's employment with his or her previous employer is employment in the new Electoral Commission that is—

    • (a) in substantially the same position; and

    • (b) on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and

    • (c) on terms that treat the period of service with the previous employer (and any other service recognised by the previous employer as continuous service) as if it were continuous service with the new Electoral Commission.

27 Consequential amendments
  • The principal Act is amended in the manner set out in Part 1 of Schedule 2.

Subpart 2Provisions coming into force on 1 October 2010

28 Existing Electoral Commission disestablished
  • (1) The existing Electoral Commission is disestablished.

    (2) Any member of the existing Electoral Commission holding office under section 8(1)(a) or (b) of the principal Act (as in force immediately before its repeal by section 7 of this Act) ceases to hold office.

    (3) Any appointment of a member of the existing Electoral Commission made under section 8(1)(c) or (d) of the principal Act (as in force immediately before its repeal by section 7 of this Act) is revoked.

    (4) Any appointment of a deputy of a member of the existing Electoral Commission made under section 11A(2) of the principal Act (as in force immediately before its repeal by section 8 of this Act) is revoked.

29 Appointment of existing Chief Electoral Officer revoked
  • The appointment of the existing Chief Electoral Officer is revoked.

30 Enforcement of existing rights
  • (1) This section applies to—

    • (a) any matter or thing commenced under any enactment by the existing Electoral Commission or the existing Chief Electoral Officer and not completed by 1 October 2010; and

    • (b) any proceedings commenced by or against the existing Electoral Commission, or by or against the Crown in respect of any act or omission of the existing Chief Electoral Officer, relating to an existing right, interest, title, immunity, or duty and not completed by 1 October 2010.

    (2) Any matter, thing, or proceedings to which this section applies may be continued, completed, or enforced by or against the new Electoral Commission.

31 Responsibility for reports and accounts of existing Electoral Commission from 1 July 2010
  • (1) The new Electoral Commission must include in its annual report for the year ending 30 June 2011 the information in respect of the existing Electoral Commission for the period commencing 1 July 2010 and ending on 30 September 2010 that the existing Electoral Commission would have had to include in its annual report under section 151 of the Crown Entities Act 2004 had it continued in existence.

    (2) To avoid doubt, the new Electoral Commission may, if it so decides, present the information referred to in subsection (1) in a combined form for the whole of the financial year ended 30 June 2011.

    (3) For the purposes of subsection (1), section 45J(1) of the Public Finance Act 1989 does not apply to the existing Electoral Commission in respect of the period commencing 1 July 2010 and ending on 30 September 2010.

32 Consequential amendments
  • (1) The provisions specified in the following Parts of the schedules of this Act are amended by omitting Chief Electoral Officer in each place where it appears and substituting in each case Electoral Commission:

    • (a) in respect of the principal Act, Part 2 of Schedule 2:

    • (b) in respect of other Acts, Part 1 of Schedule 3:

    • (c) in respect of regulations, Part 1 of Schedule 4.

    (2) The provisions specified in the following Parts of the schedules of this Act are amended in the manner set out in those Parts:

    • (a) in respect of the principal Act, Part 3 of Schedule 2:

    • (b) in respect of other Acts, Part 2 of Schedule 3:

    • (c) in respect of regulations, Part 2 of Schedule 4.


Schedule 1
Other amendments to principal Act

s 14

Section 39

Subsection (1): omit shall communicate the details of that determination to such public servants and substitute must communicate the details of that determination to the Electoral Commission, the Chief Registrar of Electors, and such other entities or persons.

Subsection (1): omit by the Commission and substitute by the Representation Commission.

Subsection (2): omit public servant and substitute entity or person.

Section 49

Repeal and substitute:

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 68

Omit 4 pm and substitute 5 pm.

Section 68A(2)

Omit 4 pm and substitute 5 pm.

Section 71B(4)

Omit 4 pm and substitute 5 pm.

Section 127

Subsection (4): repeal and substitute:

  • (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).

Subsection (5): repeal.

Section 146E(3)

Repeal and substitute:

  • (3) The secretary of the political party must lodge with the bulk nomination schedule, in relation to each constituency candidate nominated in the schedule,—

    • (a) a statement in a form provided by the Electoral Commission, signed by the constituency candidate, and confirming the candidate's consent to the nomination; and

    • (b) any statutory declaration made by the constituency candidate received under section 49(4)(b).

Section 150

Subsection (2): omit Returning Officer shall and substitute Electoral Commission must.

Subsection (16): omit Returning Officer shall and substitute Electoral Commission must.

Subsection (19): omit Returning Officer and substitute Electoral Commission.

Section 205C

Heading: insert election after expenses for.

Section 206C

Heading: insert election after expenses for.

Section 206J

Compare note: omit s 214D and substitute ss 67(3)(f), 214D(1), (2A), (3).

Section 206Q

Compare note: omit 214J and substitute 214J(1), (2)(a).

Section 219

Compare note: add (pre-20 December 2007).

Section 224

Compare note: omit 141, 142 and substitute 142, 143.


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.


Schedule 3
Consequential amendments to other Acts

s 32

Part 1
Change of Chief Electoral Officer to Electoral Commission

Parliamentary Service Act 2000 (2000 No 17)

Section 9A(1)(b), (3)(a), (4)(a), (4)(b), and (5)(a).

Part 2
Further consequential amendments

Broadcasting Act 1989 (1989 No 25)

Section 70(2)(d): omit the Chief Electoral Officer,.

Section 79D: omit 4 pm and substitute 5 pm.

Citizens Initiated Referenda Act 1993 (1993 No 101)

Definition of Chief Electoral Officer in section 2: repeal.

Section 2: insert in its appropriate alphabetical order:

Electoral Commission has the same meaning as in section 3(1) of the Electoral Act 1993.

Section 24(5): omit sections 4 to 15 and substitute sections 4B to 9.

Section 24A(3): omit sections 4 to 15 and substitute sections 4B to 9.

Section 39(1): omit The Chief Electoral Officer must and substitute An Electoral Commissioner must, on behalf of the Electoral Commission,.

Section 44(2): omit Chief Electoral Officer believes and substitute Electoral Commission believes.

Section 44(2): omit Chief Electoral Officer shall and substitute Electoral Commission must.

Section 45(1)(a): repeal and substitute:

  • (a) must be kept by the Electoral Commission in the office of the Electoral Commission, or some other convenient place to be appointed by the Electoral Commission, for a period of 5 years after it has been received by the Electoral Commission; and.

Section 45(2): omit Chief Electoral Officer shall and substitute Electoral Commission must.

Form 2 of the Schedule: omit you to and substitute the Electoral Commission to.

Form 2 of the Schedule: omit You are and substitute An Electoral Commissioner, on behalf of the Electoral Commission, is.

Form 2A of the Schedule: omit you to and substitute the Electoral Commission to.

Form 2A of the Schedule: omit You are and substitute An Electoral Commissioner, on behalf of the Electoral Commission, is.

Local Restoration Polls Act 1990 (1990 No 4)

Section 5(1): omit Chief Electoral Officer shall and substitute Electoral Commission must.

Section 7(a): omit Chief Electoral Officer shall and substitute Electoral Commission must.

Referenda (Postal Voting) Act 2000 (2000 No 48)

Section 8(1) and (2): repeal and substitute:

  • (1) The Electoral Commission must designate an Electoral Commissioner to be the Returning Officer for a referendum.

  • (2) The Returning Officer is, under the direction of the Electoral Commission, charged with the duty of implementing this Act, except Part 4.


Schedule 4
Consequential amendments to regulations

s 32

Part 1
Change of Chief Electoral Officer to Electoral Commission

Citizens Initiated Referenda Regulations 1995 (SR 1995/227)
Court of Appeal (List Election Petitions) Rules 1998 (SR 1998/326)

Definition of petition in rule 2:

Rule 5(2):

Heading to Schedule 2 of form 1 of the Schedule.

Part 2
Further consequential amendments

Citizens Initiated Referenda Regulations 1995 (SR 1995/227)

Regulation 7(1): omit Chief Electoral Officer shall and substitute Electoral Commission must.

Regulation 7(1): omit Chief Electoral Officer considers and substitute Electoral Commission considers.

Constituency Election Petition Rules 2008 (SR 2008/383)

Form 1 of the Schedule: omit If the petition complains of the conduct of the Chief Electoral Officer, specify the Chief Electoral Officer's name. and substitute Insert the Electoral Commission if the petition complains of the conduct of the Electoral Commission.

Form 1 of the Schedule: omit Chief Electoral Officer in each place where it appears (except the place specified in the paragraph above) and substitute in each case Electoral Commission.

Court of Appeal (List Election Petitions) Rules 1998 (SR 1998/326)

Rule 6(2)(b): repeal and substitute:

  • (b) in relation to the Electoral Commission, delivery to—

    • (i) an Electoral Commissioner in person; or

    • (ii) the address of the Electoral Commission.

Form 1 of the Schedule: omit , if the petition complains of the conduct of the Chief Electoral Officer, the name of the Chief Electoral Officer and substitute insert the Electoral Commission if the petition complains of the conduct of the Electoral Commission.

Form 1 of the Schedule: omit Chief Electoral Officer in each place where it appears (except the place specified in the paragraph above) and substitute in each case Electoral Commission.

Electoral Regulations 1996 (SR 1996/93)

Regulation 18(1): omit Chief Electoral Officer under section 127 of the Act, the Chief Electoral Officer shall and substitute Electoral Commission under section 127 of the Act, the Electoral Commission must.

Regulation 19: omit the Chief Electoral Officer of his or her in each place where it appears and substitute in each case the Electoral Commission of its.

Regulation 29(1): omit Chief Electoral Officer shall be marked with his or her official mark and substitute Electoral Commission must be marked with the official mark of that Officer or of the Electoral Commission, as the case may be.

Regulation 29(2): omit Chief Electoral Officer and substitute an Electoral Commissioner (on behalf of the Electoral Commission).

Regulation 29(2): omit his or her official mark and substitute the official mark of that Officer or of the Electoral Commission.

Regulation 47(2): omit posted to the Chief Electoral Officer and substitute posted to the Electoral Commission.

Regulation 47(2): omit the Chief Electoral Officer or other authorised person and substitute an Electoral Commissioner, on behalf of the Electoral Commission, or other authorised person.

Regulation 49(4): repeal and substitute:

  • (4) An Electoral Commissioner, on behalf of the Electoral Commission, must—

    • (a) enclose in 1 or more parcels the packets received by the Electoral Commission in accordance with this regulation; and

    • (b) properly secure the parcels; and

    • (c) endorse each parcel with a description of its contents; and

    • (d) sign the endorsement and immediately forward the parcels to the Clerk of the House of Representatives.

Regulation 63: omit Chief Electoral Officer or other authorised person and substitute Electoral Commission or an authorised person.

Regulation 63: omit the Chief Electoral Officer or authorised person and substitute an Electoral Commissioner, on behalf of the Electoral Commission, or the authorised person.

Regulation 63(a): omit Chief Electoral Office and substitute Electoral Commission.

Regulation 64A(3): omit The Chief Electoral Officer must and substitute An Electoral Commissioner, on behalf of the Electoral Commission, must.


Legislative history

22 October 2009Introduction (Bill 93–1)
27 October 2009First reading and referral to Justice and Electoral Committee
26 April 2010Reported from Justice and Electoral Committee (Bill 93–2)
29 April 2010Second reading
18 May 2010Committee of the whole House
19 May 2010Third reading
21 May 2010Royal assent

This Act is administered by the Ministry of Justice.