Electoral (Administration) Amendment Act 2011

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Coat of Arms of New Zealand

Electoral (Administration) Amendment Act 2011

Public Act2011 No 57
Date of assent16 August 2011
Commencementsee section 2

Contents

1  Title

2  Commencement

3  Principal Act amended

Part 1
Amendments to principal Act

Subpart 1Provisions coming into force on day after assent

4  Interpretation

5  Powers of Electoral Commission

6  Electoral Commission may delegate functions, duties, or powers to non-employees

7  Registrar of Electors

8  Compulsory registration of electors

9  New section 83A substituted

10  New section 87A inserted

11  Changes of address to be notified

12  Chief Registrar may seek consent of Maori electors to supply of information to designated body

13  Supply of information on age and Maori descent

14  Supply of electoral information to candidates, political parties, and members of Parliament

15  Unpublished names

16  Duty to report suspected offences

17  Assistance to be given to Registrar

18  Power to destroy records

19  Power to resolve in certain cases that by-election not be held

20  Power to resolve in certain cases not to supply vacancy

21  Offence to pay election expenses in excess of prescribed maximum

22  Offence to pay election expenses in excess of prescribed maximum

23  Auditor's report on return of party's election expenses

24  Limit on maximum amount of donations protected from disclosure

25  Personation

26  Disclosure of immigration information for matching purposes

27  Disclosure of personal information for enrolment purposes

Subpart 2Provisions coming into force on 1 July 2012

28  Functions

29  New sections 9 and 9A substituted

30  Section 21 repealed

31  New section 22 substituted

32  Section 23 repealed

Part 2
Consequential amendments and transitional provisions

Subpart 1Provisions coming into force on day after assent

Consequential amendments to principal Act

33  No form of inquiry required if application for registration as elector received

34  Transfer of electors between electorates

35  Applications received after issue of writ

36  False statements or declarations

Consequential amendment to regulations

37  Amendment to Electoral Regulations 1996

Transitional provision approving electronic medium for online re-enrolment and updating

38  Deemed approval of electronic medium called igovt logon service

Transitional provisions relating to abolition of Chief Registrar of Electors

39  Office of Chief Registrar of Electors abolished

40  No compensation for loss of office

41  Crown-owned assets (other than intellectual property) and records that Chief Registrar controls or possesses

42  Liabilities for expenses after 30 June 2012

43  Expenses before 1 July 2012 (whether from commitments before, on, or after 17 August 2009)

44  Expenses after 30 June 2012 from commitments before 18 August 2009

45  Expenses after 30 June 2012 from commitments after 17 August 2009 and before 1 July 2012

46  Matters incomplete on 1 July 2012

47  Proceedings incomplete on 1 July 2012

48  Transitional or savings regulations

Subpart 2Provisions coming into force on 1 July 2012

Consequential amendments to principal Act

49  Interpretation

50  Section 140 repealed

51  Service of notices

52  References to Chief Registrar of Electors

Consequential amendments to other public Acts

53  Amendments to Broadcasting Act 1989

54  Amendments to Citizens Initiated Referenda Act 1993

55  Amendment to Electoral Referendum Act 2010

56  Amendments to Energy Companies Act 1992

57  Amendments to Juries Act 1981

58  Amendments to Local Electoral Act 2001

59  Amendments to Privacy Act 1993

60  Amendments to Referenda (Postal Voting) Act 2000

Consequential amendments to local Act

61  Amendments to Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001

Consequential amendments to regulations

62  Amendments to Jury Rules 1990

63  Amendment to Local Electoral Regulations 2001

64  Amendment to Referenda (Postal Voting) Regulations 2009

Schedule
New form substituted


The Parliament of New Zealand enacts as follows:

1  Title
  • This Act is the Electoral (Administration) Amendment Act 2011.

2  Commencement
  • (1) The following come into force on 1 July 2012:

    (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 1Provisions coming into force on day after assent

4  Interpretation
  • (1) Paragraph (a) of the definition of election expenses in section 3(1) is amended by omitting 205A and substituting 205.

    (2) Paragraph (b) of the definition of election expenses in section 3(1) is amended by omitting 206A and substituting 206.

5  Powers of Electoral Commission
  • Section 6(1)(e)(ii) (as substituted on 1 October 2010 by section 7 of the Electoral (Administration) Amendment Act 2010) is amended by omitting tabling in and substituting presentation to.

6  Electoral Commission may delegate functions, duties, or powers to non-employees
  • (1) Section 9 (as substituted on 1 October 2010 by section 7 of the Electoral (Administration) Amendment Act 2010) is amended as from its commencement on 1 October 2010 by omitting 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, and substituting The Electoral Commission's board may under section 73 of the Crown Entities Act 2004 delegate any of the Commission's functions or powers, either generally or specifically, not only to any person or persons listed in section 73(1) of the Crown Entities Act 2004, but also.

    (2) Section 9 (as so substituted) is amended as from its commencement on 1 October 2010 by adding as subsections (2) and (3) the following subsections:

    • (2) The electoral official may (without limiting the definition of that term in section 3(1)) be a person of one of the following kinds that the Electoral Commission engages for the purpose of assisting with the performance of its functions:

      • (a) a body corporate:

      • (b) an individual who holds an office in, or is employed by, a body corporate.

    • (3) The provisions of the Crown Entities Act 2004, including in particular sections 74 (powers of delegate), 75 (effect of delegation), and 76 (revocations), apply in respect of a delegation by virtue of this section to any electoral official who is engaged (rather than employed) by the Electoral Commission as if it were a delegation under section 73 of the Crown Entities Act 2004 to any person or persons listed in section 73(1) of the Crown Entities Act 2004.

7  Registrar of Electors
  • Section 22 is amended by inserting the following subsection after subsection (3):

    • (3A) A district is, for the purposes of subsection (3), an adjoining district for another district if the boundaries of both districts—

      • (a) are wholly or partly shared; or

      • (b) are separated by no more than 2 intermediate districts.

8  Compulsory registration of electors
  • Section 82 is amended by inserting the following subsections after subsection (4):

    • (4A) A person who is or has been a registered elector may, instead of using the prescribed form to make an application required by subsection (1)(c), make it by supplying to the Registrar using an electronic medium approved for the purpose by the Chief Registrar information necessary to complete the prescribed form and identified by the Registrar.

    • (4B) Nothing in section 85(1) and (2) applies to an application required by subsection (1)(c) and that a person intends to make, or makes, in accordance with subsection (4A).

9  New section 83A substituted
  • Section 83A is repealed and the following section substituted:

    83A Procedure following inquiry under section 83
    • (1) If, following an inquiry under section 83, the Registrar receives a form or information supplied electronically under subsection (3) in which an elector notifies the Registrar that the elector has changed his or her place of residence and now resides in another electoral district,—

      • (a) the Registrar must ensure that the form or the information contained in the form, or the information supplied electronically, is transmitted to the Registrar for the new electoral district; and

      • (b) the Registrar for the new electoral district must, as if the form or the information supplied electronically were an application for registration, register that elector, in accordance with section 87, on the roll for the district in which the elector resides; and

      • (c) the form or the information supplied electronically is deemed to be an application for registration for the purposes of section 82; and

      • (d) the Registrar for the old electoral district must, in accordance with section 98(1)(a), remove from the roll for that district the name of the elector.

      (2) If, following an inquiry under section 83, the Registrar receives from an elector a form, or information supplied electronically under subsection (3), that contains a change to any particulars other than a change of place of residence referred to in subsection (1), the Registrar must amend the roll in accordance with the information supplied in the form or electronically.

      (3) An elector may, instead of returning a form to the Registrar to notify the Registrar that the elector has changed his or her place of residence and now resides in another electoral district or to notify the Registrar of a change to any other of the elector's particulars, notify the Registrar of a change to any of the elector's particulars by supplying that information to the Registrar using an electronic medium approved for the purpose by the Chief Registrar.

      (4) An elector remains on the roll and his or her particulars on the roll remain unchanged if—

      • (a) the Registrar does not receive from the elector a form, or information supplied electronically under subsection (3); or

      • (b) the Registrar receives from the elector a form, or information supplied electronically under subsection (3), with no changes.

      (5) A form that a person intends to return, or returns, in response to an inquiry under section 83 must be signed or marked, and may be rejected for incompleteness, in accordance with subsections (1), (2), and (4) of section 85 (which apply with all necessary modifications) as if the form were an application or declaration in respect of registration as an elector.

      (6) Information that an elector intends to supply, or supplies, electronically under subsection (3) in response to an inquiry under section 83—

      • (a) is not an application or declaration in respect of registration as an elector required by subsections (1) and (2) of section 85 to be signed or marked; but

      • (b) may be rejected for incompleteness under section 85(4) (which applies with all necessary modifications) if it does not include all the particulars stated or referred to in section 85(3)(a), (b), (c), (f), and (i).

10  New section 87A inserted
  • The following section is inserted after section 87:

    87A Procedure if immigration status means applicant apparently not qualified to be registered
    • (1) This section applies in accordance with section 263A(6)(a) if the Chief Registrar under section 263A(5) advises the Registrar of an electoral district that a comparison carried out pursuant to section 263A(4) indicates that a person who has applied to be (but is not yet) registered as an elector of the electoral district is a person who the chief executive of the responsible department (as defined in section 263A(1)) believes is—

      • (a) unlawfully in New Zealand; or

      • (b) a person who is lawfully in New Zealand but only by virtue of being the holder of a temporary entry class visa of whatever type.

      (2) When this section applies the Registrar must comply with subsections (3) to (5) before determining under section 87 whether the applicant for registration as an elector is qualified to be registered.

      (3) The Registrar must within 5 working days of receiving that advice deliver to the applicant for registration personally, or send by post to that person, a written notice (in this section referred to as a or the notice) communicating—

      • (a) the advice that the Registrar received under section 263A(5) in respect of the applicant; and

      • (b) that the Registrar may determine that the applicant's immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to the Registrar by or on behalf of the applicant within 5 working days after the applicant receives the notice.

      (4) If no response to the notice is made to the Registrar by or on behalf of the applicant within 10 working days of the notice being delivered to the applicant personally, or sent by post to that person, the Registrar must promptly deliver to the applicant for registration personally, or send by post to that person, a written notice (in this section referred to as a or the further notice) communicating—

      • (a) the advice that the Registrar received under section 263A(5) in respect of the applicant; and

      • (b) the fact that, and the date on which, a notice was delivered to the applicant personally, or sent by post to that person; and

      • (c) that the Registrar may determine that the applicant's immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to the Registrar by or on behalf of the applicant within 5 working days after the applicant receives the further notice.

      (5) The Registrar may determine under section 87 whether the applicant for registration as an elector is qualified to be registered only—

      • (a) after considering any response to the notice or a further notice made to the Registrar by or on behalf of the applicant within 5 working days after the notice or a further notice was delivered to the applicant personally, or received by that person by post; or

      • (b) if no response to a further notice is made to the Registrar by or on behalf of the applicant within 10 working days of the further notice being delivered personally to the applicant, or received by that person by post.

      (6) A notice or further notice purportedly sent to the applicant by post—

      • (a) is, in the absence of proof to the contrary, treated as having been received by that person by post on the fourth working day after the day on which it is sent by post; and

      • (b) is treated as sent by post to that person on a day if it is proved to have been properly addressed to that person and to have been submitted on that day to a person for the time being registered as a postal operator under the Postal Services Act 1998 for postage to that person.

      (7) If, after complying with subsections (3) to (5), the Registrar determines under section 87 that the applicant for registration as an elector is not qualified to be registered, the Registrar must deliver to the applicant for registration personally, or send by post to that person, a written notice communicating the determination.

11  Changes of address to be notified
  • Section 90 is amended by inserting the following subsection after subsection (2):

    • (2A) A person to whom subsection (1) applies (but not a person who is required by subsection (2) to comply with subsection (1)) may, instead of giving a written notice to the Registrar of the change of place of residence and the address of the new place of residence, notify the Registrar of them by supplying that information to the Registrar using an electronic medium approved for the purpose by the Chief Registrar.

12  Chief Registrar may seek consent of Maori electors to supply of information to designated body
  • Section 111C(2)(b) is amended by adding , email address (if any), and contact telephone numbers (if any).

13  Supply of information on age and Maori descent
14  Supply of electoral information to candidates, political parties, and members of Parliament
  • Section 114(2)(d) is amended by omitting section 5(d) and substituting section 5(c).

15  Unpublished names
  • Section 115(2) is amended by repealing paragraph (b) and substituting the following paragraph:

    • (b) a statutory declaration from a constable to the effect that he or she believes that the personal safety of a person or of a person’s family could be prejudiced by the publication of that person’s name,—.

16  Duty to report suspected offences
  • Section 120 is amended by omitting police and substituting New Zealand Police.

17  Assistance to be given to Registrar
  • Section 122 is amended by repealing subsections (1) and (2) and substituting the following subsections:

    • (1) All constables—

      • (a) must, at the Registrar's request, assist the Registrar by informing him or her of the name of any person whom they have reason to believe is qualified to be registered as an elector but is not registered, or is registered but is not qualified to be registered; and

      • (b) must give the Registrar any information the Registrar requests relating to the qualifications of any person for registration as an elector.

    • (2) All constables must also assist the Registrar by making such inquiries and obtaining such information as he or she requests.

18  Power to destroy records
  • Section 124 is amended by adding the following subsections:

    • (4) Despite subsections (1) to (3), the Registrar may destroy paper copies of any of the records described in subsection (2) if satisfied that accurate electronic images of those records have been created by or on behalf of the Registrar and are being stored by or on behalf of the Registrar in a manner that ensures that those electronic images are and will be able to be used for the same purposes as the paper copies would, if not destroyed, have been required by the rest of this Act to be able to be used.

    • (5) A requirement in or under this Act that a paper copy of a record be used for a particular purpose is, after that paper copy is destroyed under subsection (4), satisfied by using for that purpose the accurate electronic image, created and stored under subsection (4), of that paper copy.

19  Power to resolve in certain cases that by-election not be held
  • Section 131(b) is amended by omitting tabling in and substituting presentation to.

20  Power to resolve in certain cases not to supply vacancy
  • Section 136(b) is amended by omitting tabling in and substituting presentation to.

21  Offence to pay election expenses in excess of prescribed maximum
  • Section 205F(1) is amended by omitting 205B and substituting 205C.

22  Offence to pay election expenses in excess of prescribed maximum
  • Section 206D(1) is amended by omitting 206B and substituting 206C.

23  Auditor's report on return of party's election expenses
24  Limit on maximum amount of donations protected from disclosure
  • Section 208B(1) is amended by omitting 206B(1) and substituting 206C(1).

25  Personation
  • Section 215(4) is amended by omitting police and substituting New Zealand Police.

26  Disclosure of immigration information for matching purposes
  • (1) Section 263A(2)(a) (as substituted at 2 am on 29 November 2010 by section 406(1) and Schedule 3 of the Immigration Act 2009) is amended by omitting person registered as an elector of an electoral district and substituting person who is, or has applied to be, registered as an elector of an electoral district.

    (2) Section 263A(2)(b) (as so substituted) is amended by omitting person registered as an elector and substituting person who is, or has applied to be, registered as an elector.

    (3) Section 263A(5) (as so substituted) is amended—

    • (a) by omitting person on the electoral roll and substituting person who has applied to be (but is not yet) registered as an elector, or who is on the electoral roll,; and

    • (b) by omitting person is registered as an elector and substituting person is, or has applied to be, registered as an elector.

    (4) Section 263A(6) (as so substituted) is repealed and the following subsection substituted:

    • (6) After receiving advice from the Chief Registrar under subsection (5) that, in relation to any person, either of the circumstances referred to in subsection (5) applies, the Registrar must,—

      • (a) if the person has applied to be (but is not yet) registered as an elector for the district, follow the procedure specified in section 87A; or

      • (b) if the person is registered as an elector for the district and the name of the person is on the roll for the district, object under section 96 to the name of that person being on the roll for the district.

27  Disclosure of personal information for enrolment purposes
  • Section 263B(4) is amended by repealing paragraph (d) and substituting the following paragraph:

    • (d) in the case of the Department of Internal Affairs, in relation to any persons—

      • (i) who obtain New Zealand citizenship under the Citizenship Act 1977; or

      • (ii) by whom, or on whose behalf, an application is made under the Passports Act 1992 for the issue or renewal of a New Zealand passport.

Subpart 2Provisions coming into force on 1 July 2012

28  Functions
  • Section 5(a) (as substituted on 1 October 2010 by section 7 of the Electoral (Administration) Amendment Act 2010) is amended by omitting (except those of Part 5).

29  New sections 9 and 9A substituted
  • Section 9 (as substituted on 1 October 2010 by section 7 of the Electoral (Administration) Amendment Act 2010, and as amended by section 6 of this Act) is repealed and the following sections are substituted:

    9 Electoral Commission may delegate functions or powers to electoral officials engaged by Commission
    • (1) The Electoral Commission's board may under section 73 of the Crown Entities Act 2004 delegate any of the Commission's functions or powers, either generally or specifically, not only to any person or persons listed in section 73(1) of the Crown Entities Act 2004, but also to any electoral official who is engaged (rather than employed) by the Commission.

      (2) The functions or powers delegated may (without limitation) be or include either or both of the following:

      • (a) the Commission's power under section 73 of the Crown Entities Act 2004 to delegate particular functions or powers of the Commission:

      • (b) all or any of the Commission's functions or powers that relate to registration of electors.

      (3) The electoral official may (without limiting the definition of that term in section 3(1)) be a person of one of the following kinds that the Electoral Commission engages for the purpose of assisting with the performance of its functions:

      • (a) a body corporate:

      • (b) an individual who holds an office in, or is employed by, a body corporate.

      (4) For the purposes of this section, the Commission's functions or powers that relate to registration of electors include, without limitation, its functions or powers under (or under any regulations under) Part 5 of this Act, and also its functions or powers under (or under any regulations under) the following Acts:

      • (a) Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001:

      • (b) Citizens Initiated Referenda Act 1993:

      • (c) Energy Companies Act 1992:

      • (d) Juries Act 1981:

      • (e) Local Electoral Act 2001:

      • (f) Referenda (Postal Voting) Act 2000.

      (5) The provisions of the Crown Entities Act 2004, including in particular sections 74 (powers of delegate), 75 (effect of delegation), and 76 (revocations), apply in respect of a delegation by virtue of this section to any electoral official who is engaged (rather than employed) by the Electoral Commission as if it were a delegation under section 73 of the Crown Entities Act 2004 to any person or persons listed in section 73(1) of the Crown Entities Act 2004.

    9A Ownership of intellectual property developed by delegates of functions or powers
    • (1) Any intellectual property of any kind in, or in respect of, any matter or thing belongs to the Crown if it is devised or developed (entirely or mainly) after 30 June 2012 by or on behalf of an electoral official to whom or to which all or any of the Commission's functions or powers that relate to registration of electors have been delegated under section 73 of the Crown Entities Act 2004 (alone, or in conjunction with section 9 of this Act) and—

      • (a) in the exercise or performance by or on behalf of that official of those delegated functions or powers; or

      • (b) entirely or mainly by or through the use of public money appropriated by Parliament to facilitate the exercise or performance of those delegated functions or powers.

      (2) However, the Crown acting by and through the Minister of Finance may grant to any person a licence in respect of, or transfer to any person all or any ownership of, all or any of that intellectual property.

      (3) This section applies despite any contrary instrument or law.

30  Section 21 repealed
31  New section 22 substituted
  • Section 22 is repealed and the following section substituted:

    22 Registrar of Electors
    • (1) Each electoral district must have a Registrar of Electors to be appointed by the Electoral Commission.

      (2) Every Registrar—

      • (a) must be an individual who is an electoral official (as defined in section 3(1)); and

      • (b) may, but need not, hold an office in, or be an employee of, a body corporate to which all or any of the Commission's functions or powers that relate to registration of electors have been delegated; and

      • (c) must, subject to subsection (3), be stationed at an office within the electoral district of which he or she is Registrar.

      (3) The Electoral Commission may appoint as the Registrar for an electoral district a person stationed at an office occupied by the Electoral Commission, by the electoral official, or by the body corporate in or by which the electoral official holds an office or is employed, and in an adjoining electoral district if, in the Electoral Commission's opinion,—

      • (a) there is in the electoral district no suitable office occupied by the Electoral Commission, the electoral official, or that body corporate; or

      • (b) an officer more suitable for appointment is stationed at an office occupied by the Electoral Commission, the electoral official, or that body corporate in an adjoining district; or

      • (c) making the appointment is, for 1 or more other reasons, in the public interest.

      (4) A district is, for the purposes of subsection (3), an adjoining district for another district if the boundaries of both districts—

      • (a) are wholly or partly shared; or

      • (b) are separated by no more than 2 intermediate districts.

      (5) The Registrar must, under the Electoral Commission's direction,—

      • (a) compile and keep, as required by this Act, the electoral roll for the Registrar’s electoral district; and

      • (b) carry out the functions and duties conferred and imposed on the Registrar by or under this Act.

      (6) The Electoral Commission may from time to time appoint to be the Deputy Registrar for any electoral district an individual who—

      • (a) is an electoral official (as defined in section 3(1)); and

      • (b) may, but need not, hold an office in, or be an employee of, a body corporate to which all or any of the Commission's functions or powers that relate to registration of electors have been delegated.

      (7) The Deputy Registrar has and may carry out (exercise or perform), subject to the control of the Registrar for that electoral district, all of that Registrar's powers, functions, and duties.

      (8) Neither the Registrar nor his or her deputy may hold any official position in any political organisation.

      (9) The powers conferred on the Electoral Commission by subsections (1) and (6) include the power to appoint a Registrar or a Deputy Registrar for a named electoral district—

      • (a) that is not yet in being; or

      • (b) in respect of which a roll has not been compiled.

      (10) All appointments made under section 22 as repealed on 1 July 2012 by section 31 of the Electoral (Administration) Act 2011 and in force at the close of 30 June 2012 continue on and after 1 July 2012, and may be amended, revoked, or revoked and replaced, as if they had been made under this section.

      Compare: 1956 No 107 s 7A; 1986 No 124 s 32(1).

32  Section 23 repealed

Part 2
Consequential amendments and transitional provisions

Subpart 1Provisions coming into force on day after assent

Consequential amendments to principal Act

33  No form of inquiry required if application for registration as elector received
  • Section 83B is amended by inserting or information supplied electronically to make an application for registration as an elector under section 82(1)(c) and (4A), after a duly completed application for registration as an elector,.

34  Transfer of electors between electorates
  • Section 83D(7) is amended by omitting a form is returned under section 83A(1) and substituting the Registrar under section 83A(1) receives a form or information supplied electronically under section 83A(3) in which an elector notifies the Registrar that the elector has changed his or her place of residence and now resides in another electoral district.

35  Applications received after issue of writ
  • Section 88(2) is amended by adding ; or and also by adding the following paragraph:

    • (c) in the case only of an application required by section 82(1)(c) and made by the applicant for registration supplying information using an electronic medium in accordance with section 82(4A), the electronic medium records the information as having been received by or on behalf of the Registrar before polling day.

36  False statements or declarations
  • Section 118 is amended by omitting or declaration and substituting declaration, or information supplied (by written notice or electronically) under section 82(4A), 83A(3), or 90.

Consequential amendment to regulations

37  Amendment to Electoral Regulations 1996

Transitional provision approving electronic medium for online re-enrolment and updating

38  Deemed approval of electronic medium called igovt logon service
  • (1) In this section,—

    igovt logon service means the government logon service developed by the Department of Internal Affairs and on the commencement of this section called the igovt logon service

    online re-enrolment and updating provisions means sections 82(4A), 83A(3), and 90(2A) of the principal Act (as inserted by sections 8, 9, and 11 of this Act).

    (2) The igovt logon service must, if and insofar as the deemed approval by this section has not been amended, revoked, or replaced, be taken to be an electronic medium approved for the purposes of all of the online re-enrolment and updating provisions.

    (3) The Chief Registrar, or on or after 1 July 2012 the Electoral Commission, may in accordance with the online re-enrolment and updating provisions do either or both of the following:

    • (a) amend, revoke, or revoke and replace some or all of the deemed approval by this section, and for the purposes of all of those provisions, of the igovt logon service:

    • (b) approve for the purposes of all or any of those provisions 1 or more additional electronic media.

    (4) This section does not limit or affect the generality of the online re-enrolment and updating provisions.

Transitional provisions relating to abolition of Chief Registrar of Electors

39  Office of Chief Registrar of Electors abolished
  • At the close of 30 June 2012,—

    • (a) the office of Chief Registrar of Electors under section 21(1) of the principal Act is abolished and ceases to be held by the incumbent; and

    • (b) the office of Deputy Chief Registrar of Electors under section 21(3) of the principal Act is abolished and ceases to be held by any person appointed to it; and

40  No compensation for loss of office
  • No person is entitled to compensation or any other payment or benefit in respect of—

    • (a) a person ceasing under section 39(a) or (b) to hold office as the Chief, or Deputy Chief, Registrar of Electors; or

    Compare: 2007 No 25 Schedule 1 cl 9

41  Crown-owned assets (other than intellectual property) and records that Chief Registrar controls or possesses
  • (1) The Secretary for Justice must identify all assets and records that, at the close of 30 June 2012, are Crown-owned assets or records controlled or possessed by or on behalf of the Chief Registrar of Electors.

    (2) Assets and records identified under subsection (1) (other than intellectual property) must be treated as having been vested in the Electoral Commission on 1 July 2012.

42  Liabilities for expenses after 30 June 2012
  • (1) The Secretary for Justice must identify—

    • (a) the expenses (incurred after 30 June 2012 arising from commitments before 18 August 2009) to be paid under section 44; and

    • (b) the expenses (incurred after 30 June 2012 arising from commitments after 17 August 2009 and before 1 July 2012) to be paid under section 45.

    (2) Liabilities in respect of expenses identified under subsection (1)(a) must be treated as having been vested in the Electoral Commission on 1 July 2012.

    (3) Liabilities in respect of expenses identified under subsection (1)(b) must be treated as having been vested on 1 July 2012 in—

    • (a) the Crown, if the Minister of Finance under section 45 approves them being paid by the Crown; or

    • (b) the Electoral Commission, if the Minister of Finance under section 45 approves them being paid by the Electoral Commission.

43  Expenses before 1 July 2012 (whether from commitments before, on, or after 17 August 2009)
  • Expenses incurred before 1 July 2012 by New Zealand Post Limited in the administration of Part 5 of the principal Act (regardless of whether those expenses arise from commitments New Zealand Post Limited entered into before, on, or after 17 August 2009) must, despite the repeal (by section 32 of this Act) of section 23 of the principal Act, be paid out of public money appropriated by Parliament.

44  Expenses after 30 June 2012 from commitments before 18 August 2009
  • Expenses incurred after 30 June 2012 by New Zealand Post Limited in the administration of Part 5 of the principal Act and arising from commitments New Zealand Post Limited entered into before 18 August 2009 must be paid by the Electoral Commission out of public money appropriated by Parliament.

45  Expenses after 30 June 2012 from commitments after 17 August 2009 and before 1 July 2012
  • Expenses incurred after 30 June 2012 by New Zealand Post Limited in the administration of Part 5 of the principal Act and arising from commitments New Zealand Post Limited entered into after 17 August 2009 and before 1 July 2012 may, with the approval of the Minister of Finance, be paid by the Crown or by the Electoral Commission (in either case) out of public money appropriated by Parliament.

46  Matters incomplete on 1 July 2012
  • A matter or thing commenced under any enactment by the Chief Registrar of Electors and not completed before 1 July 2012 may be completed by the Electoral Commission.

    Compare: 1999 No 85 s 18

47  Proceedings incomplete on 1 July 2012
  • Proceedings relating to an existing right, interest, title, immunity, or duty, commenced by or against (or commenced by or against the Crown in respect of an act or omission of) the Chief Registrar of Electors, and not completed before 1 July 2012 may be completed by the Electoral Commission.

    Compare: 1999 No 85 ss 17, 18

48  Transitional or savings regulations
  • (1) The Governor-General may, by Order in Council, make regulations providing for any transitional or savings matters concerning the coming into force of all or any of the provisions of this Act.

    (2) Regulations under this section must not be inconsistent with this Act.

    (3) Regulations under this section are regulations for the purposes of the Regulations (Disallowance) Act 1989 and the Acts and Regulations Publication Act 1989.

    Compare: 2004 No 115 s 199

Subpart 2Provisions coming into force on 1 July 2012

Consequential amendments to principal Act

49  Interpretation
  • The definition of New Zealand Post or New Zealand Post Limited in section 3(1) is repealed.

50  Section 140 repealed
51  Service of notices
  • (1) Section 263(3) is amended by omitting New Zealand Post Limited shall be deemed and substituting a person registered as a postal operator under the Postal Services Act 1998 must be treated as.

    (2) Section 263 is amended by adding the following subsection:

    • (4) Registered letter includes any service that—

      • (a) provides a system of recorded delivery; and

      • (b) is similar in nature to a registered post service provided by a person registered as a postal operator under the Postal Services Act 1998.

52  References to Chief Registrar of Electors

Consequential amendments to other public Acts

53  Amendments to Broadcasting Act 1989
  • (1) This section amends the Broadcasting Act 1989.

    (2) The definition of Electoral Commission in section 69(1) is amended by omitting under section 4 and substituting by section 4B.

    (3) Section 70(2)(d) is amended by omitting or by the Chief Registrar of Electors.

54  Amendments to Citizens Initiated Referenda Act 1993
  • (1) This section amends the Citizens Initiated Referenda Act 1993.

    (2) Section 19(2) is repealed and the following subsection substituted:

    • (2) The Clerk of the House of Representatives must give to the Electoral Commission established by section 4B of the Electoral Act 1993 the signatures taken under subsection (1)(b).

    (3) Section 19(3) is amended by omitting Chief Registrar of Electors shall and substituting Electoral Commission must.

    (4) Section 26B(1)(b) is repealed.

55  Amendment to Electoral Referendum Act 2010
56  Amendments to Energy Companies Act 1992
  • (1) This section amends the Energy Companies Act 1992.

    (2) Section 86A(1) is amended by omitting Chief Registrar of Electors and substituting Electoral Commission.

    (3) Section 86A(3) is amended—

    • (a) by omitting sections 64BB and 64BC of the Electoral Act 1956 and substituting sections 116 and 117 of the Electoral Act 1993; and

    • (b) by omitting under the Electoral Act 1956 and substituting under the Electoral Act 1993; and

    • (c) by omitting section 64A(8A) of the Electoral Act 1956 in each place where it appears and substituting in each case section 113(9) of the Electoral Act 1993.

    (4) Section 86A is amended by inserting the following subsection after subsection (3):

    • (3A) Electoral Commission, in this section, means the Electoral Commission established by section 4B of the Electoral Act 1993.

    (5) Section 86A(4) is amended by omitting expressions defined in the Electoral Act 1956 and substituting expressions (other than Electoral Commission) defined in the Electoral Act 1993.

57  Amendments to Juries Act 1981
  • (1) This section amends the Juries Act 1981.

    (2) The definition of Chief Registrar of Electors in section 2 is repealed.

    (3) Section 2 is amended by inserting the following definition in its appropriate alphabetical order:

    Electoral Commission means the Electoral Commission established by section 4B of the Electoral Act 1993.

    (4) Section 9(1), (2), and (3) are amended by omitting Chief Registrar of Electors and substituting in each case Electoral Commission.

    (5) Section 10 is amended by omitting Chief Registrar of Electors and substituting Electoral Commission.

    (6) Section 11 is amended by omitting Chief Registrar of Electors and substituting Electoral Commission.

    (7) Section 35(1)(a)(iii) is amended by omitting Chief Registrar of Electors and substituting Electoral Commission.

58  Amendments to Local Electoral Act 2001
  • (1) This section amends the Local Electoral Act 2001.

    (2) The definition of Chief Registrar of Electors in section 5(1) is repealed.

    (3) Section 5 is amended by inserting the following definition in its appropriate alphabetical order:

    Electoral Commission means the Electoral Commission established by section 4B of the Electoral Act 1993.

    (4) Section 19ZC(2)(c)(i) is amended by omitting Chief Registrar and substituting Electoral Commission.

    (5) Section 30(2)(b)(i) is amended by omitting Chief Registrar and substituting Electoral Commission.

    (6) Section 38(4) is amended by omitting Chief Registrar of Electors and substituting Electoral Commission.

    (7) The heading to section 41 is amended by omitting Chief Registrar of Electors and substituting Electoral Commission.

    (8) Section 41(1), (2), and (3) are amended by omitting Chief Registrar of Electors and substituting in each case Electoral Commission.

    (9) Section 41(3) is amended by omitting Chief Registrar must and substituting Electoral Commission must.

    (10) Section 45 is amended by omitting Chief Registrar of Electors and substituting Electoral Commission.

    (11) Section 47(3) is amended by omitting Chief Registrar of Electors and substituting Electoral Commission.

    (12) Section 142(c) is amended by omitting Chief Registrar of Electors and substituting Electoral Commission.

59  Amendments to Privacy Act 1993
  • (1) This section amends the Privacy Act 1993.

    (2) Paragraph (b) of the definition of specified agency in section 97 is amended by omitting Chief Registrar of Electors and substituting Electoral Commission established by section 4B of the Electoral Act 1993.

60  Amendments to Referenda (Postal Voting) Act 2000
  • (1) This section amends the Referenda (Postal Voting) Act 2000.

    (2) The definition of Chief Registrar in section 3(1) is repealed.

    (3) Section 3(1) is amended by inserting the following definition in its appropriate alphabetical order:

    Electoral Commission means the Electoral Commission established by section 4B of the Electoral Act 1993.

    (4) The definition of roll identifier number in section 3(1) is amended by omitting Chief Registrar and substituting Electoral Commission.

    (5) Section 10 is repealed and the following section substituted:

    10 Electoral Commission
    • (1) The Electoral Commission is charged with the duty of implementing Part 4 (which relates to rolls of electors).

      (2) For the purposes of implementing Part 4, the Electoral Commission may provide such computer and other services, and such facilities, as the Electoral Commission thinks necessary.

      Compare: 1997 No 13 s 9.

    (6) The heading to section 11 is amended by omitting Chief Registrar and substituting Electoral Commission.

    (7) Section 11(2) and (3) are repealed and the following subsections substituted:

    • (2) A delegation under this section must be made in writing, and the document must be signed by the maker of the delegation.

    • (3) Section 73 of the Crown Entities Act 2004 (alone, or in conjunction with section 9 of the Electoral Act 1993) enables the Electoral Commission to delegate all or any of its functions or powers under this Act that relate to registration of electors.

    (8) The following provisions are amended by omitting Chief Registrar and substituting in each case Electoral Commission:

    (9) Section 26(1) and (5) are amended by omitting Chief Registrar in each place where it appears and substituting in each case Electoral Commission.

Consequential amendments to local Act

61  Amendments to Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001
  • (2) The heading to section 13 is amended by omitting Chief Registrar of Electors and substituting Electoral Commission.

    (3) Section 13(1) and (2) are amended by omitting Chief Registrar of Electors and substituting in each case Electoral Commission.

    (4) Section 13(2) is amended by omitting Chief Registrar must and substituting Electoral Commission must.

    (5) Section 13 is amended by adding the following subsection:

    • (3) Electoral Commission, in this section, means the Electoral Commission established by section 4B of the Electoral Act 1993.

Consequential amendments to regulations

62  Amendments to Jury Rules 1990
  • (1) This section amends the Jury Rules 1990.

    (2) Rule 3 is amended by omitting Chief Registrar of Electors and substituting Electoral Commission.

    (3) Rule 4(1) and (4) are amended by omitting Chief Registrar of Electors and substituting in each case Electoral Commission.

63  Amendment to Local Electoral Regulations 2001
64  Amendment to Referenda (Postal Voting) Regulations 2009

Schedule
New form substituted

s 37

Form 1
Enrolling to vote: Application

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Legislative history

16 November 2010Introduction (Bill 247–1)
23 November 2010First reading and referral to Justice and Electoral Committee
13 April 2011Reported from Justice and Electoral Committee (Bill 247–2)
12 July 2011Second reading
9 August 2011Committee of the whole House (Bill 247–3)
11 August 2011Third reading
16 August 2011Royal assent

This Act is administered by the Ministry of Justice.