Electoral (Administration) Amendment Act 2011

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.