Electoral (Administration) Amendment Act 2011

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2010 by section 7 of the Electoral (Administration) Amendment Act 2010, and as amended by section 6 of this Act) is repealed and the following sections are substituted: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.