Electoral Amendment Bill

  • enacted

Electoral Amendment Bill

Government Bill

176—2

As reported from the Justice and Electoral Committee

Commentary

Recommendation

The Justice and Electoral Committee has examined the Electoral Amendment Bill and recommends that it be passed with the amendments shown.

Introduction

The Electoral Amendment Bill seeks to amend the Electoral Act 1993 to rationalise and clarify the law, improve services to voters, and assist with the smooth delivery of elections.

The bill would implement 12 of the 28 recommendations made by the Justice and Electoral Committee’s report on the Inquiry into the 2014 general election.1 Only those changes which can be realistically implemented in time for the 2017 general election have been included. The Government response to the Inquiry noted that the Government will consider the recommendations that require more significant consideration for inclusion in a later bill before the 2020 general election.2

Given that this bill primarily implements relatively straightforward recommendations from the Inquiry, as well as two other minor changes, we decided to condense its timeframes. This will allow those affected to fully understand the amendments before the 2017 general election, and give the Electoral Commission maximum time to implement the changes. We note the comments from submitters who felt that the two-week submission period was too short; however we consider that the timeframe given was sufficient to allow robust consideration of the bill.

This commentary covers the main amendments we recommend to the bill. It does not cover minor or technical amendments.

Clarifying the prohibition relating to interference with advance voting

The bill would prohibit campaigning and displaying campaign material in, or within 10 metres of, advance voting places by providing for “buffer zones” around them. We recommend amending clause 95, new section 197A, to clarify that within these buffer zones, only electoral officials would be prohibited from wearing party lapel badges, and wearing or displaying on a vehicle party-coloured ribbons, streamers, rosettes, or other items of a similar nature. It is important that the provision is clear so that it can fulfil its purpose, which is to ensure that advance voters are not influenced during the voting process.

Parliamentary offence

In the bill as introduced, clause 15 would update the language for section 48, which sets out an offence for a former member of Parliament to sit or vote in Parliament after their seat has become vacant by reason of them becoming a public servant or Returning Officer. We recommend removing this offence because it is a historic provision with limited relevance, and it is unlikely to occur in practice. If it did occur, it would be a matter more appropriately dealt with by the House of Representatives itself.

Broadcasting allocation expense returns

The Broadcasting (Election Programmes and Election Advertising) Amendment Bill would remove the current Broadcasting Act requirement for broadcasters to submit returns of all election programmes broadcast. This requirement existed to provide assurance that the allocation was being used appropriately. However, because that bill would allow the allocation to be used for internet advertising, it would not be practical to extend the existing broadcaster return model to anyone who hosts or could host an online advertisement.

We consider that this bill should include a requirement for parties to file a return of expenses funded from their allocation. This broadcasting allocation return should be in the Electoral Act rather than the Broadcasting Act because it would allow the return to be made in parallel with the returns of other election expenses that parties already file under the Act. We consider that this would minimise any additional burden created by the new requirement.

We therefore recommend the insertion of new sections 206IA and 206LA (clauses 98B and 98C). We also recommend amending section 206N by inserting clause 98D to expand the scope of the offences relating to returns, to include the returns on broadcasting allocations. We consider these new sections will help to ensure transparency and accountability, as well as providing public assurance that the allocation has been used for the permitted types of advertising.

Māori Electoral Option

We note that the bill does not respond to the Inquiry’s recommendation that the Government enable electors of Māori descent to change roll type once each electoral cycle, by providing for the Māori Electoral Option to take place every three years. We consider that implementing this recommendation would increase the ability of Māori to participate meaningfully in the election process.

We received confirmation from the Minister of Justice that the Government would look at this issue for inclusion in a subsequent bill, intended to occur before the 2020 general election. We would like to see this issue progressed in time for the 2020 election.

Appendix

Committee process

The Electoral Amendment Bill was referred to the committee on 11 October 2016. The closing date for submissions was 27 October 2016. We received and considered four submissions from interested groups and individuals. We heard oral evidence from one submitter.

We received advice from the Ministry of Justice and the Parliamentary Counsel Office.

Committee membership

Jacqui Dean (Chairperson)

Jacinda Ardern

Chris Bishop

Marama Fox

Denis O’Rourke

Maureen Pugh

Jono Naylor

Metiria Turei

Hon Louise Upston

Louisa Wall

Key to symbols used

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Hover your cursor over an amendment for information about that amendment. Download the PDF version to see this information in a form that can be printed out.

Hon Amy Adams

Electoral Amendment Bill

Government Bill

176—2

Contents

Commentary
Key
1Title
2Commencement
3Principal Act
4Section 3 amended (Interpretation)
5New section 3AA inserted (Transitional, savings, and related provisions)
3AATransitional, savings, and related provisions
6Section 3A amended (Meaning of election advertisement)
7Section 22 replaced (Registrar of Electors)
22Registrar of Electors
8Section 26 replaced (Returning Officer to make declaration)
26Returning Officer to make declaration
9Section 38 amended (Notice of proposed boundaries and classification)
10Section 39 amended (Communications to officials)
11Section 40 amended (Report of Commission)
12Section 42 amended (Indexes of streets and places)
13Section 45 amended (Maori representation)
14Section 47A amended (Certain persons disqualified from candidacy)
15Section 48 replaced (Offence for public servant or Returning Officer to sit)
48Offence for public servant, Returning Officer, or Registrar to sit or vote
15Section 48 repealed (Offence for public servant or Returning Officer to sit)
16Section 55 amended (How vacancies created)
17New section 67AA inserted (Vacancies in position of party secretary)
67AAVacancies in position of party secretary
18Section 70 amended (Cancellation of registration)
19Section 77 amended (Periodic exercise of Maori option and determination of Maori population)
20Section 78 amended (Exercise of Maori option)
21Section 80 amended (Disqualifications for registration)
22Section 81 amended (Detention in prison pursuant to sentence of imprisonment)
23Section 82 amended (Compulsory registration of electors)
24Section 83 amended (Application for registration)
25Section 87 replaced (Procedure if immigration status means applicant apparently not qualified to be registered)
87Procedure if immigration status means applicant apparently not qualified to be registered
26Section 88 replaced (Applications received after issue of writ)
88Applications received after issue of writ
27Section 89 amended (Procedure following application for registration)
28Section 89A amended (Notice of registration)
29Section 89B amended (Elector must give notice of change of place of residence within electoral district)
30Section 89C amended (Elector must give notice of change of place of residence to different electoral district)
31Section 89D amended (Inquiry to be made to update electoral rolls)
32Section 89E amended (No inquiry required if application for registration as elector received)
33Section 89F amended (Procedure following inquiry under section 89D)
34Section 89G amended (Elector who cannot be contacted to be included in dormant roll)
35Section 94A amended (Confirmation of change of name, address, or other particulars)
36Section 95 amended (Elector’s objections)
37Section 95A amended (Notice of elector’s objection)
38Section 95B amended (Power to remove name from roll)
39Section 95C amended (Power to retain name on roll)
40Section 95D amended (Reference of elector’s objection to District Court)
41Section 96 replaced (Registrar’s objection)
96Electoral Commission’s objection
42Section 97 amended (Procedure on reference of application or objection to District Court)
43Section 98 amended (Removal of names from roll by Registrar)
44Section 99 amended (Notice of alterations to roll)
45Section 100 amended (Corrupt Practices List)
46Section 101 amended (Electoral rolls)
47Section 102 replaced (Maintenance of rolls being replaced)
102Maintenance of rolls being replaced
48Section 103 replaced (Rolls where Parliament dissolved after change of boundaries and before new rolls completed)
103Rolls where Parliament dissolved after change of boundaries and before new rolls completed
49Section 104 amended (Main roll to be printed)
50Section 105 replaced (Supplementary rolls to be printed)
105Supplementary rolls to be printed
51Section 106 amended (Form of main roll and supplementary rolls)
52Section 107 amended (Composite rolls)
53Section 109 amended (Dormant roll)
54Section 110 amended (Public inspection of rolls, etc)
55Section 111 amended (Inspection of rolls at hui)
56Section 111B amended (Interpretation of terms in sections 111C to 111F)
57Section 119 amended (Wilfully misleading Registrar)
58Section 120 amended (Duty to report suspected offences)
59Section 121 amended (Failure to deliver application)
60Section 122 amended (Assistance to be given to Registrar)
61Section 123 amended (Copies of rolls for Returning Officer)
62Section 124 amended (Power to destroy records)
63Section 127 amended (Election of list candidates)
64Section 127A amended (Deposit by party secretary)
65Section 128 amended (Acceptance or rejection of lists by Electoral Commission)
66Section 128C amended (Election of list candidates)
67Section 141 repealed (Returning Officer to be notified of writ)
68Section 142 amended (Returning Officer to give public notice of polling day, nomination day, and nomination process)
69Section 143 amended (Nominations of candidates for electoral districts)
70Section 144 amended (Deposit by candidate)
71Section 145 amended (Acceptance or rejection of nomination)
72Section 146 amended (Withdrawal of nomination)
72ASection 146J amended (Withdrawal of nomination in bulk nomination schedule)
73Section 147 amended (Advertisement of nomination and polling places)
74Section 150 amended (Form of ballot papers)
75Section 151 amended (Name of political party for constituency candidates)
76Section 157 amended (Materials for polling places)
77Section 159 amended (Exercise of powers and duties of polling place officials)
78Section 160 amended (Scrutineers)
79Section 167 amended (Issue of ordinary ballot papers)
80Section 172 amended (Voting by special voters)
81Section 174C amended (Preliminary count of early votes)
82Section 174D amended (Conditions for counting early votes before close of poll)
83Section 174F amended (Scrutineers for count of early votes)
84Section 175 amended (Scrutiny of the rolls)
85Section 176 amended (Marked copies of rolls to be compared)
86Section 178 amended (Counting the votes)
87Section 179 amended (Declaration of result of poll)
88Section 180 amended (Application to District Court Judge for recount)
89Section 183 amended (Scrutineers for recounts and allocation of list seats)
90Section 187 amended (Disposal of ballot papers, rolls, etc)
91Section 188 amended (Annotation of list of special voters)
92Section 191 amended (Election of other members)
93Section 195 amended (Adjournment of poll)
94Section 197 amended (Interfering with or influencing voters)
95New section 197A inserted (Interfering with or influencing advance voters)
197AInterfering with or influencing advance voters
96Section 199 amended (Recovery of expenses)
97Section 199A replaced (Publishing false statements to influence voters)
199APublishing false statements to influence voters
98Section 202 amended (Property to be stated as being in Returning Officer)
98ASection 206 amended (Interpretation)
98BNew section 206IA inserted (Return of party’s allocation expenses)
206IAReturn of party’s allocation expenses
98CNew section 206LA inserted (Auditor’s report on return of party’s allocation expenses)
206LAAuditor’s report on return of party’s allocation expenses
98DSection 206N amended (Offences relating to return of party’s election expenses)
98ESection 206Q amended (Return of party’s election expenses to be publicly available)
99Section 215 amended (Personation)
100Section 221B amended (Display of advertisement of a specified kind)
101Section 230 amended (Election petitions to High Court)
102Section 256 amended (Withdrawal and substitution of respondents before trial)
103Section 263A amended (Disclosure of immigration information for matching purposes)
104Section 267A amended (Regulations relating to advertisement of a specified kind)
105New Schedule 1AA inserted
105ASchedule 1AA amended
2Notice of change of place of residence given but not dealt with
106Schedule 2 amended
107Amendments to other enactments
Legislative history

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Electoral Amendment Act 2016.

2 Commencement

(1)

This Act comes into force on the day after the date on which it receives the Royal assent.

(2)

However, the following provisions come into force on 1 May 2017:

(a)

section 30; and

(b)

section 105A.

Part 1 Amendments to the Electoral Act 1993

3 Principal Act

This Part amends the Electoral Act 1993 (the principal Act).

4 Section 3 amended (Interpretation)

(1)

In section 3(1), definition of electoral roll, replace “Registrar” with “Electoral Commission”.

(2)

In section 3(1), replace the definition of party secretary with:

party secretary or secretary, in relation to a party, means the person who is responsible for the administration and correspondence of the party and who has been (or is required to be) designated under any of the following provisions as secretary of the party for the purposes of this Act:

(a)

section 63(2)(c)(iii) or (iv):

(b)

section 67(3)(c):

(c)

section 67AA(2)

5 New section 3AA inserted (Transitional, savings, and related provisions)

After section 3, insert:

3AA Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

6 Section 3A amended (Meaning of election advertisement)

(1)

After section 3A(2), insert:

(2A)

When determining whether signage is contact information,—

(a)

all of the fixed signage on an out-of-Parliament office of a member of Parliament must be treated as a single sign; and

(b)

all of the signage on a vehicle of a member of Parliament must be treated as a single sign.

(2)

In section 3A(3), insert in its appropriate alphabetical order:

vehicle has the meaning given to it by section 2(1) of the Land Transport Act 1998.

7 Section 22 replaced (Registrar of Electors)

Replace section 22 with:

22 Registrar of Electors

(1)

The Electoral Commission—

(a)

must appoint a Registrar of Electors for each electoral district:

(b)

may appoint a Deputy Registrar of Electors for any electoral district:

(c)

may appoint a Registrar or a Deputy Registrar for a named electoral district that is not yet in existence.

(2)

Every Registrar and every Deputy Registrar—

(a)

must be an individual who is an electoral official; and

(b)

may not hold any official position in any political organisation.

(3)

The Deputy Registrar for an electoral district may, subject to the control of the Registrar for that electoral district, exercise or perform all of that Registrar’s powers, duties, and functions.

8 Section 26 replaced (Returning Officer to make declaration)

Replace section 26 with:

26 Returning Officer to make declaration

(1)

Every Returning Officer must, before entering into the duties of office, declare that he or she will comply with section 203.

(2)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

9 Section 38 amended (Notice of proposed boundaries and classification)

(1)

In section 38(2), replace “shall include the office of each Registrar of Electors” with “must include the offices of the Electoral Commission”.

(2)

Replace section 38(4) with:

(4)

If any objections are received under subsection (1)(b), the Commission must publish,—

(a)

on an Internet site administered by the Electoral Commission,—

(i)

the objections received; and

(ii)

an explanation of the process and deadline for making counter-objections; and

(b)

in the Gazette, a notice—

(i)

stating the address of the Internet site on which the objections and the counter-objection process are published; and

(ii)

stating the last date on which the Commission will receive any written counter-objections to any of those objections (which must not be less than 2 weeks after the date of publication of the notice in the Gazette).

(4A)

The Electoral Commission must facilitate the publication required under subsection (4)(a).

10 Section 39 amended (Communications to officials)

In section 39(1), replace “shall include the office of each Registrar of Electors” with “must include the offices of the Electoral Commission”.

11 Section 40 amended (Report of Commission)

In section 40(1)(b)(iii), replace “shall include the office of each Registrar of Electors” with “must include the offices of the Electoral Commission”.

12 Section 42 amended (Indexes of streets and places)

In section 42(2), replace “office of each Registrar” with “offices of the Electoral Commission”.

13 Section 45 amended (Maori representation)

In section 45(9)(b)(iii), replace “shall include the office of each Registrar of Electors” with “must include the offices of the Electoral Commission”.

14 Section 47A amended (Certain persons disqualified from candidacy)

After section 47A(c), insert:

(d)

a Registrar of Electors:

(e)

a Deputy Registrar of Electors.

15 Section 48 replaced (Offence for public servant or Returning Officer to sit)

Replace section 48 with:

48 Offence for public servant, Returning Officer, or Registrar to sit or vote

(1)

A person commits an offence if the person

(a)

sits or votes in Parliament after the person’s seat as a member of Parliament becomes vacant by reason of the person becoming a public servant, or being appointed as a Returning Officer, a Registrar of Electors, or a Deputy Registrar of Electors; and

(b)

knows that his or her seat has become vacant.

(2)

A person who commits an offence under subsection (1) is liable on conviction to a fine not exceeding $400.

15 Section 48 repealed (Offence for public servant or Returning Officer to sit)

Repeal section 48.

16 Section 55 amended (How vacancies created)

In section 55(1)(ea), replace “a Returning Officer” with “a Returning Officer, a Registrar of Electors, or a Deputy Registrar of Electors”.

17 New section 67AA inserted (Vacancies in position of party secretary)

After section 67, insert:

67AA Vacancies in position of party secretary

(1)

If, in a political party registered under this Act, a vacancy occurs in the position of party secretary, the remaining office holders of the party must ensure that, within 5 working days of the vacancy occurring,—

(a)

a new secretary is appointed; or

(b)

a person is appointed to act in the position of secretary until a new secretary can be appointed.

(2)

A person appointed under subsection (1)(a) or (b) must immediately notify the Electoral Commission of that person’s appointment.

18 Section 70 amended (Cancellation of registration)

(1)

After section 70(2A), insert:

(2B)

The Electoral Commission may cancel the registration of a political party if satisfied that the party has failed to comply with section 67AA.

(2)

In section 70(3)(b), after “subsection (2)”, insert “or (2B).

19 Section 77 amended (Periodic exercise of Maori option and determination of Maori population)

In section 77(6)(b), replace “Registrar” with “Electoral Commission”.

20 Section 78 amended (Exercise of Maori option)

(1)

In section 78(2), delete “by post”.

(2)

In section 78(2), replace “the prescribed form” with “a form that the Electoral Commission has approved”.

(3)

In section 78(2), (2)(b)(ii), and (5), replace “Registrar” with “Electoral Commission” in each place.

(4)

Repeal section 78(7).

(5)

In section 78(10),—

(a)

replace “a Registrar” with “the Electoral Commission”; and

(b)

replace “the Registrar” with “the Electoral Commission”.

(6)

In section 78(11),—

(a)

replace “a Registrar” with “the Electoral Commission”; and

(b)

replace “the Registrar” with “the Electoral Commission” in each place.

(7)

In section 78(12), replace “a Registrar of Electors” with “the Electoral Commission”.

21 Section 80 amended (Disqualifications for registration)

Replace section 80(2) with:

(2)

The Registrar of the court in which a compulsory treatment order or any order under section 24 or 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 is made or in which any person is convicted of a corrupt practice must, not later than the fifth day of the month following the date of the order or conviction, forward to the Electoral Commission a certificate showing—

(a)

the name, date of birth, place of abode, and description of the patient or offender; and

(b)

the particulars of the order or conviction.

22 Section 81 amended (Detention in prison pursuant to sentence of imprisonment)

Repeal section 81(2).

23 Section 82 amended (Compulsory registration of electors)

In section 82(1), (2), and (3), replace “a Registrar of Electors” with “the Electoral Commission”.

24 Section 83 amended (Application for registration)

(1)

In section 83(1), replace “a Registrar of Electors” with “the Electoral Commission”.

(2)

In section 83(1)(a),—

(a)

replace “the prescribed form” with “a form that the Electoral Commission has approved”; and

(b)

replace “the Registrar of Electors” with “the Electoral Commission”.

(3)

In section 83(1)(b), delete “prescribed”.

(4)

In section 83(3), replace “A Registrar of Electors” with “The Electoral Commission”.

(5)

In section 83(3)(a), delete “prescribed”.

(6)

In section 83(5), replace “the Registrar of Electors” with “the Electoral Commission”.

(7)

Repeal section 83(6).

25 Section 87 replaced (Procedure if immigration status means applicant apparently not qualified to be registered)

Replace section 87 with:

87 Procedure if immigration status means applicant apparently not qualified to be registered

(1)

This section applies if, as a result of a comparison carried out under section 263A, the Electoral Commission believes that a person who has applied to be (but is not yet) registered as an elector of an electoral district is—

(a)

unlawfully in New Zealand; or

(b)

lawfully in New Zealand but only by virtue of being the holder of a temporary entry class visa of whatever type.

(2)

If this section applies, the Electoral Commission must comply with subsections (3) to (5) before determining whether the applicant is qualified to be registered.

(3)

The Electoral Commission must, as soon as practicable, deliver to the applicant (personally or by post) a written notice that specifies—

(a)

that it believes that the person is—

(i)

unlawfully in New Zealand; or

(ii)

lawfully in New Zealand but only by virtue of being the holder of a temporary entry class visa of whatever type; and

(b)

that it 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 it by or on behalf of the applicant within 10 working days after the applicant receives the notice.

(4)

If the Electoral Commission receives no response within the time required, it must, as soon as practicable, deliver to the applicant (personally or by post) a further written notice that specifies—

(a)

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

(b)

the date on which the initial notice was delivered to the applicant; and

(c)

that it 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 it by or on behalf of the applicant within 10 working days after the applicant receives the further notice.

(5)

The Electoral Commission may determine whether the applicant is qualified to be registered if—

(a)

it has not received any response within the time specified in subsection (4)(c); or

(b)

it has considered any response that was received within that time.

(6)

If the Electoral Commission determines that the applicant is not qualified to be registered, it must deliver to the applicant (personally or by post) a written notice of the determination.

(7)

For the purposes of this section, a notice sent to the applicant by post—

(a)

is, in the absence of proof to the contrary, to be treated as having been delivered to and received by the applicant by post on the fourth working day after the date on which it is sent by post; and

(b)

is to be treated as sent by post to the applicant on a particular day if it is proved to have been—

(i)

properly addressed to the applicant; and

(ii)

submitted on that day to a person registered as a postal operator under the Postal Services Act 1998 for posting.

26 Section 88 replaced (Applications received after issue of writ)

Replace section 88 with:

88 Applications received after issue of writ

(1)

If a writ has been issued requiring the conduct of an election in a district, then, subject to subsections (2) and (3), the Electoral Commission may not, at any time in the period beginning on polling day and ending with the day of the return of the writ, register any application for registration as an elector that the Electoral Commission receives on or after polling day.

(2)

For the purposes of subsection (1), an application for registration is to be treated as having been received before polling day if—

(a)

the application or the envelope in which it is contained bears a postmark or date stamp impressed before polling day at a place that the Electoral Commission has designated; or

(b)

the applicant for registration produces a receipt that—

(i)

relates to the application; and

(ii)

was issued before polling day at a place that the Electoral Commission has designated; and

(iii)

was lodged at a polling place or with an electoral officer issuing special votes.

(3)

If a person applies for registration after the issue of a writ requiring the conduct of an election in a district and before polling day,—

(a)

the Electoral Commission must, if satisfied that the person is qualified to be registered, enter the name of the person on the electoral roll; and

(b)

the Electoral Commission is not required to enter the name of the person on the main roll or any supplementary roll or composite roll used at that election; and

(c)

the person may, at that election, vote only by way of a special vote.

27 Section 89 amended (Procedure following application for registration)

(1)

In section 89(1), replace “Registrar” with “Electoral Commission”.

(2)

In section 89(1), replace “he or she shall forthwith” with “the Electoral Commission must”.

(3)

Replace section 89(2) with:

(2)

If the Electoral Commission believes that a Māori applicant is prevented, by the manner in which the applicant last exercised the option given by section 76, from being registered as an elector of the district to which the application relates, the Electoral Commission must notify the applicant of its reasons for refusing the application.

(4)

In section 89(3),—

(a)

replace “Registrar to” with “Electoral Commission to”; and

(b)

replace “Registrar shall” with “Electoral Commission must”.

(5)

In section 89(4),—

(a)

replace “Registrar has” with “Electoral Commission has”; and

(b)

replace “Registrar shall” with “Electoral Commission must”.

28 Section 89A amended (Notice of registration)

In section 89A, replace “Registrar” with “Electoral Commission”.

29 Section 89B amended (Elector must give notice of change of place of residence within electoral district)

(1)

In section 89B(3)(a), replace “Registrar for the electoral district in which the elector resides” with “Electoral Commission”.

(2)

In section 89B(5), replace “a Registrar” with “the Electoral Commission”.

30 Section 89C amended (Elector must give notice of change of place of residence to different electoral district)

(1)

Replace section 89C(2) with:

(2)

The elector must, within 2 months after the date on which he or she changed his or her place of residence, give notice of—

(a)

the change in his or her place of residence; and

(b)

the date on which the change occurred; and

(c)

the address of the new place of residence.

(2)

Replace section 89C(3)(b) and (c) with:

(b)

in writing to the Electoral Commission in a form that the Electoral Commission has approved; or

(c)

by applying, under section 83, to the Electoral Commission for registration as an elector.

(3)

Replace section 89C(5) to (13) with:

(5)

For the purposes of section 89(1), an elector who gives notice under subsection (2) (by any method specified in subsection (3)) is an applicant for registration as an elector.

(4)

Repeal section 89C(16).

31 Section 89D amended (Inquiry to be made to update electoral rolls)

(1)

In section 89D(1),—

(a)

replace “Every Registrar” with “The Electoral Commission”; and

(b)

replace “the district” with “a district”.

(2)

In section 89D(2)(b), replace “directed” with “determined”.

(3)

In section 89D(3), replace “every Registrar of a district that is, in part or in whole, within the local government area of a local authority” with “the Electoral Commission”.

(4)

In section 89D(3)(a), replace “that district” with “a district”.

(5)

In section 89D(3)(b), replace “that local government area” with “a particular local government area”.

(6)

Replace section 89D(5) with:

(5)

An inquiry made under subsection (1)—

(a)

must—

(i)

contain the particulars on the roll for the elector to whom it is addressed; or

(ii)

contain information about how the elector can access his or her particulars electronically; and

(b)

must require the elector, if any of those particulars have changed or are incorrect, to notify the Electoral Commission by—

(i)

sending the corrected particulars to the Electoral Commission in a form that the Electoral Commission has approved; or

(ii)

using an approved electronic medium to make any change or correction required to the particulars.

(7)

In section 89D(7), replace “a Registrar of Electors” with “the Electoral Commission”.

32 Section 89E amended (No inquiry required if application for registration as elector received)

(1)

In section 89E, replace “a Registrar” with “the Electoral Commission”.

(2)

In section 89E(b), replace “Registrar” with “Electoral Commission”.

33 Section 89F amended (Procedure following inquiry under section 89D)

(1)

Replace section 89F(1) with:

(1)

If, following an inquiry under section 89D, the Electoral Commission receives notice under section 89D(5)(b) that an elector has changed his or her place of residence and now resides in another electoral district, the Electoral Commission—

(a)

must, in accordance with section 98(1)(a), remove the elector’s name from the roll for the district in which the elector previously resided; and

(b)

must, in accordance with section 89, register that elector on the roll for the district in which the elector resides.

(2)

In section 89F(2) and (3), replace “Registrar” with “Electoral Commission” in each place.

34 Section 89G amended (Elector who cannot be contacted to be included in dormant roll)

(1)

In section 89G(1)(a), replace “a Registrar” with “the Electoral Commission”.

(2)

In section 89G(2), replace “a Registrar” with “the Electoral Commission”.

(3)

In section 89G(2)(a), replace “Registrar thinks fit or that the Electoral Commission directs” with “Electoral Commission thinks fit”.

(4)

In section 89G(2)(b), replace “Registrar” with “Electoral Commission”.

35 Section 94A amended (Confirmation of change of name, address, or other particulars)

In section 94A(1) and (2), replace “Registrar” with “Electoral Commission”.

36 Section 95 amended (Elector’s objections)

(1)

In section 95(2)(a), replace “Registrar for the district” with “Electoral Commission”.

(2)

In section 95(3),—

(a)

replace “Registrar considers” with “Electoral Commission considers”; and

(b)

replace “Registrar shall” with “Electoral Commission must”; and

(c)

replace “Registrar thinks” with “Electoral Commission thinks”.

(3)

In section 95(4), replace “Registrar shall” with “Electoral Commission must” in each place.

37 Section 95A amended (Notice of elector’s objection)

(1)

In section 95A(1),—

(a)

replace “Registrar shall” with “Electoral Commission must”; and

(b)

replace “shall include” with “must include”.

(2)

In section 95A(3), replace “Registrar under subsection (1) shall” with “Electoral Commission under subsection (1) must”.

(3)

In section 95A(3)(a) to (c), replace “Registrar” with “Electoral Commission” in each place.

(4)

Replace section 95A(4) with:

(4)

If, after making the inquiries it thinks fit, the Electoral Commission is unable to serve the notice of objection on a person personally after making at least 2 attempts, the Electoral Commission must—

(a)

remove the name of the person from the roll; and

(b)

include the name in the dormant roll maintained under section 109.

38 Section 95B amended (Power to remove name from roll)

In section 95B,—

(a)

replace “Registrar that” with “Electoral Commission that”; and

(b)

replace “Registrar shall” with “Electoral Commission must”; and

(c)

replace “shall notify” with “must notify”.

39 Section 95C amended (Power to retain name on roll)

In section 95C,—

(a)

replace “Registrar with” with “Electoral Commission with”; and

(b)

replace “Registrar that” with “Electoral Commission that”; and

(c)

replace “Registrar shall” with “Electoral Commission must”.

40 Section 95D amended (Reference of elector’s objection to District Court)

(1)

In section 95D(1),—

(a)

replace “Registrar shall” with “Electoral Commission must”; and

(b)

replace “shall notify” with “must notify”.

(2)

In section 95D(2),—

(a)

replace “Registrar that” with “Electoral Commission that”; and

(b)

replace “Registrar made” with “Electoral Commission made”; and

(c)

replace “Registrar shall” with “Electoral Commission must”; and

(d)

replace “shall notify” with “must notify”.

(3)

In section 95D(3), replace “Registrar” with “Electoral Commission”.

41 Section 96 replaced (Registrar’s objection)

Replace section 96 with:

96 Electoral Commission’s objection

(1)

The Electoral Commission may at any time object to the name of any person being on the roll for a district on the ground that the person is not qualified to be registered as an elector of the district.

(2)

If the Electoral Commission objects, it must give notice in writing of the objection to—

(a)

the person objected to; or

(b)

the welfare guardian appointed for the person objected to under section 12(1) of the Protection of Personal and Property Rights Act 1988; or

(c)

the attorney appointed by the person objected to under an enduring power of attorney.

(b)

a representative of the person objected to.

(3)

The notice must—

(a)

inform the person objected to—

(i)

of the grounds for the objection; and

(ii)

of the reasons supporting the grounds for objection; and

(iii)

that the person may forward to the Electoral Commission a statement signed by the person giving reasons why the person’s name should be retained on the roll; and

(iv)

that the person’s name will be retained on the roll if the person provides the Electoral Commission with evidence that satisfies the Electoral Commission that the person’s name should be retained on the roll; and

(v)

that, if the person fails to forward a statement to the Electoral Commission within 14 days after the date on which the notice is served on the person, the Electoral Commission will remove the person’s name from the roll under section 95B; and

(b)

be served personally in accordance with the rules governing personal service contained in the District Courts Rules 2014.

(4)

If the Electoral Commission is unable, after making any inquires inquiries it thinks fit, to serve notice of objection on the person objected to personally, after making at least 2 attempts, the Electoral Commission must—

(a)

remove the person’s name from the roll; and

(b)

include the person’s name in the dormant roll maintained under section 109.

(5)

Nothing in this section affects any other provision of this Act that relates to the removal of names from the roll by the Electoral Commission.

42 Section 97 amended (Procedure on reference of application or objection to District Court)

(1)

In section 97(2),—

(a)

replace “Registrar of Electors” with “Electoral Commission”; and

(b)

replace “by him or her” with “by it or him or her”.

(2)

In section 97(3A), replace “the Registrar” with “a Registrar of the court”.

(3)

In section 97(9), replace “Registrar of Electors shall” with “Electoral Commission must”.

43 Section 98 amended (Removal of names from roll by Registrar)

(1)

In the heading to section 98, replace Registrar with Electoral Commission.

(2)

In section 98(1), replace “Registrar shall” with “Electoral Commission must”.

(3)

In section 98(1)(b), replace “the Registrar” with “the Electoral Commission” in each place.

(4)

In section 98(1)(d), replace “Registrar of Electors” with “Electoral Commission”.

(5)

In section 98(1)(f)(i) and (ii), (2), and (3), replace “Registrar” with “Electoral Commission”.

(6)

Replace section 98(4) with:

(4)

The Electoral Commission may, subject to subsection (6), place a person’s name on the roll if—

(a)

the person has been registered as an elector of a district other than the district in which the person should have been registered; and

(b)

the person’s name has, under subsection (1)(h) or (i), been removed from the roll of the district for which the person was correctly registered.

(7)

In section 98(5), replace “Registrar shall” with “Electoral Commission must”.

44 Section 99 amended (Notice of alterations to roll)

(1)

In section 99(1), replace “Registrar shall” with “Electoral Commission must”.

(2)

In section 99(2), replace “Registrar who enters that person’s name on that other roll shall” with “Electoral Commission must”.

45 Section 100 amended (Corrupt Practices List)

(1)

In section 100(1),—

(a)

replace “Registrar for any district” with “Electoral Commission”; and

(b)

replace “the district” with “a district”; and

(c)

replace “Registrar shall” with “Electoral Commission must”.

(2)

In section 100(2), replace “Registrar shall” with “Electoral Commission must”.

(3)

In section 100(3), replace “printed for the district” with “printed for a district”.

(4)

In section 100(4), replace “printed for the district” with “printed for a district”.

46 Section 101 amended (Electoral rolls)

In section 101(7), replace “Registrar shall” with “Electoral Commission must”.

47 Section 102 replaced (Maintenance of rolls being replaced)

Replace section 102 with:

102 Maintenance of rolls being replaced

(1)

If the Electoral Commission has compiled the lists referred to in section 101(1)(b), it is not obliged to keep the rolls up to date for the districts that were in existence immediately before the gazetting, under section 40(1)(b) or 45(9)(b), of the notice that immediately preceded the compilation of those lists.

(2)

Despite subsection (1), the Electoral Commission must ensure that it has available to it, until the roll for a district ceases to be in force, all information (which may include or consist of photocopies of original documents) necessary to enable it to bring the roll up to date in the event of a by-election in that district.

(3)

If a by-election is to take place in a district to which subsection (1) applies, the Electoral Commission must ensure that an up-to-date composite roll for the district is closed and printed as at writ day for the by-election.

48 Section 103 replaced (Rolls where Parliament dissolved after change of boundaries and before new rolls completed)

Replace section 103 with:

103 Rolls where Parliament dissolved after change of boundaries and before new rolls completed

(1)

If a Parliament is dissolved in the period between the gazetting of a notice under section 40(1)(b) or 45(9)(b) and the completion of the compilation of the rolls under section 101, the Electoral Commission must comply with section 101(1)(a) and (b).

(2)

Each list compiled under section 101(1)(b) (as applied by subsection (1)) must—

(a)

be the electoral roll for the district to which it relates; and

(b)

come into force as soon as it is compiled.

(3)

The Electoral Commission must—

(a)

keep every electoral roll to which subsection (2) applies up to date by making all the additions, alterations, and deletions that become necessary; and

(b)

incorporate the additions, alterations, and deletions made to an electoral roll into the electoral roll that supersedes it.

49 Section 104 amended (Main roll to be printed)

Replace section 104(1) with:

(1)

The Electoral Commission must, at least once in each year, print a main roll for each district that contains a list of all persons whose names are lawfully on the electoral roll for the relevant district on a date to be fixed for the closing of the main rolls.

50 Section 105 replaced (Supplementary rolls to be printed)

Replace section 105 with:

105 Supplementary rolls to be printed

(1)

The Electoral Commission must, from time to time, print a supplementary roll for a district that contains a list of all persons whose names do not appear on the main roll or any existing supplementary roll for the district but are lawfully on the electoral roll for the district on a date to be fixed for the closing of that supplementary roll by the Electoral Commission.

(2)

However, a supplementary roll must be printed as soon as practicable after the issue of a writ for an election in the relevant district, and the date for the closing of that roll is writ day.

(3)

Every supplementary roll printed for a district under this section is a supplementary roll for the district until a new main roll is printed for the district.

51 Section 106 amended (Form of main roll and supplementary rolls)

In section 106(5), replace “Registrar” with “Electoral Commission”.

52 Section 107 amended (Composite rolls)

(1)

In section 107(1), replace “Registrar of Electors for any district may from time to time cause to be printed a composite roll for the district” with “Electoral Commission may, from time to time, print a composite roll for each district”.

(2)

In section 107(2), replace “Registrar of Electors for that district shall cause a composite roll for that district” with “Electoral Commission must cause a composite roll for the district”.

(3)

In section 107(3), replace “Registrar of Electors” with “Electoral Commission”.

53 Section 109 amended (Dormant roll)

(1)

Replace section 109(1) with:

(1)

The Electoral Commission must maintain a dormant roll that shows for each district the particulars of those persons whose names have been removed from the roll for the relevant district—

(a)

under section 89G; or

(b)

as a result of the removal of the name of that person from the roll under section 95A(4) or 96(5).

(2)

In section 109(2), replace “The Registrar” with “The Electoral Commission”.

(3)

In section 109(2)(c), replace “the Registrar” with “the Electoral Commission” in each place.

(4)

In section 109(3) and (4), replace “Registrar” with “Electoral Commission”.

54 Section 110 amended (Public inspection of rolls, etc)

(1)

In section 110(1), replace “Office of the Registrar of Electors” with “office of the Electoral Commission for the district”.

(2)

In section 110(3), replace “the Registrar’s office,” with “the offices of the Electoral Commission,”.

(3)

In section 110(3)(b) and (f)(ii), replace “Registrar” with “Electoral Commission”.

(4)

In section 110(7), replace “Registrar shall” with “Electoral Commission must”.

(5)

Replace section 110(8) with:

(8)

If land in a General electoral district is included within the boundaries of a Maori electoral district, a copy of the most recent computer-compiled list printed under section 109(5) for the Maori electoral district must be kept open for inspection by the public at the offices of the Electoral Commission for those districts.

55 Section 111 amended (Inspection of rolls at hui)

(1)

In section 111(1), replace “any Registrar of Electors” with “the Electoral Commission”.

(2)

In section 111(1)(b), replace “Registrar of Electors” with “Electoral Commission”.

56 Section 111B amended (Interpretation of terms in sections 111C to 111F)

In section 111B, definition of Maori elector, replace “a Registrar” with “the Electoral Commission”.

57 Section 119 amended (Wilfully misleading Registrar)

(1)

In the heading to section 119, replace Registrar with Electoral Commission.

(2)

In section 119(1)(a), replace “any Registrar” with “the Electoral Commission”.

58 Section 120 amended (Duty to report suspected offences)

In section 120,—

(a)

replace “Registrar” with “Electoral Commission”; and

(b)

replace “he or she shall” with “it must”.

59 Section 121 amended (Failure to deliver application)

In section 121, replace “Registrar” with “Electoral Commission”.

60 Section 122 amended (Assistance to be given to Registrar)

(1)

In the heading to section 122, replace Registrar with Electoral Commission.

(2)

In section 122(1)(a), replace “Registrar’s request, assist the Registrar by informing him or her” with “Electoral Commission’s request, assist the Electoral Commission by informing it”.

(3)

In section 122(1)(b), replace “Registrar” with “Electoral Commission” in each place.

(4)

In section 122(2), replace “Registrar” with “Electoral Commission”.

61 Section 123 amended (Copies of rolls for Returning Officer)

(1)

In section 123(1), replace “Registrar shall” with “Electoral Commission must”.

(2)

In section 123(1)(a), delete “and certified correct by the Registrar”.

(3)

Replace section 123(2) with:

(2)

Despite section 106, the Electoral Commission may modify the form of any rolls supplied under this section, and the elector particulars on those rolls, if that is necessary to facilitate the use of technology for finding an elector on the roll or for the scrutiny of the rolls under this Act.

62 Section 124 amended (Power to destroy records)

In section 124(1), (2), and (4), replace “Registrar” with “Electoral Commission” in each place.

63 Section 127 amended (Election of list candidates)

(1)

Replace section 127(2) with:

(2)

The list must—

(a)

list candidates in order of the party’s preference, commencing with the first in order of preference and ending with the last; and

(b)

set out the contact details of each candidate; and

(c)

contain a declaration made by the secretary, in the manner provided by section 9 of the Oaths and Declarations Act 1957, that states—

(i)

that each candidate is qualified to be a candidate and to be elected; and

(ii)

whether the party is a party in respect of which there are 1 or more component parties; and

(iii)

if the party has 1 or more component parties, the name of each component party; and

(d)

be in a form that the Electoral Commission has approved.

(2)

In section 127(3), delete “, and the declaration required by subsection (3A),”.

(3)

In section 127(3)(a), replace “the date specified in the writ for the election of constituency candidates as the latest date for the nomination of constituency candidates” with “the day before nomination day”.

(4)

Repeal section 127(3A).

64 Section 127A amended (Deposit by party secretary)

In section 127A(1), after “noon on”, insert “the day before”.

65 Section 128 amended (Acceptance or rejection of lists by Electoral Commission)

(1)

In section 128(1)(b), after “noon on”, insert “the day before”.

(2)

In section 128(1)(e), after “noon on”, insert “the day before”.

(3)

In section 128(2)(b), after “noon on”, insert “the day before”.

66 Section 128C amended (Election of list candidates)

Replace 128C(1) with:

(1)

A secretary of a political party may, by giving signed notice, withdraw a list of candidates submitted under section 127.

(1A)

The notice must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

67 Section 141 repealed (Returning Officer to be notified of writ)

Repeal section 141.

68 Section 142 amended (Returning Officer to give public notice of polling day, nomination day, and nomination process)

(1)

In the heading to section 142, replace Returning Officer with Electoral Commission.

(2)

In section 142(1), replace “notification under section 141, the Returning Officer” with “a writ requiring an election to be held in a district, the Electoral Commission”.

(3)

Repeal section 142(2).

69 Section 143 amended (Nominations of candidates for electoral districts)

Repeal section 143(3A).

70 Section 144 amended (Deposit by candidate)

Replace section 144(2) with:

(2)

The deposit may be paid—

(a)

in the form of money, a bank draft, or a bank cheque; or

(b)

in any other form that the Electoral Commission approves.

71 Section 145 amended (Acceptance or rejection of nomination)

In section 145(1), replace “The” with “Subject to the concurrence of the Electoral Commission, the”.

72 Section 146 amended (Withdrawal of nomination)

Replace section 146(1) with:

(1)

A constituency candidate may, by giving signed notice, withdraw his or her nomination.

(1A)

The notice must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

72A Section 146J amended (Withdrawal of nomination in bulk nomination schedule)

Replace section 146J(1) with:

(1)

A constituency candidate nominated in a bulk nomination schedule or in accordance with section 146K may, by giving signed notice, withdraw his or her nomination.

(1A)

The notice must

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

73 Section 147 amended (Advertisement of nomination and polling places)

(1)

Replace section 147(1) with:

(1)

After the close of nominations in any district, the Returning Officer must, as soon as practicable, forward to the Electoral Commission at Wellington the names of the constituency candidates who have been nominated under section 143 and who have not withdrawn their nominations.

(2)

In section 147(2)(b), delete “section 143(3A) or”.

(3)

Replace section 147(3) to (5) with:

(3)

The Electoral Commission—

(a)

must publish the nomination and polling place information on an Internet site administered by the Electoral Commission; and

(b)

may also, by any other means it considers appropriate, provide registered electors for the district with the nomination and polling place information.

(4)

In this section, the nomination and polling place information, in relation to a district, means—

(a)

the names of constituency candidates contesting the district and their party affiliations (if any); and

(b)

the name of each political party that submitted a list in accordance with section 127 and, under the name of each political party, the names of the political party’s list candidates in the political party’s order of preference (up to a maximum of 65 candidates); and

(c)

the polling places for the district; and

(d)

the polling places in the district that have suitable access for persons who are physically disabled.

74 Section 150 amended (Form of ballot papers)

In section 150(13)(b), delete “to the Returning Officer in accordance with subsections (3A) and (4) of section 143 or”.

75 Section 151 amended (Name of political party for constituency candidates)

In section 151(2), replace “Where” with “Subject to the concurrence of the Electoral Commission, where”.

76 Section 157 amended (Materials for polling places)

(1)

In section 157(1)(d), after “copies”, insert “(in printed or electronic form and as supplied under section 123)”.

(2)

In section 157(2)(b), replace “sent to electors under section 147(5)” with “published under section 147(3)(a)”.

77 Section 159 amended (Exercise of powers and duties of polling place officials)

Replace section 159(3) with:

(3)

Every polling place official must, before being allowed to act, declare that he or she will comply with section 203.

(3A)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

78 Section 160 amended (Scrutineers)

Replace section 160(4) with:

(4)

Every scrutineer must, before being allowed to act, declare that he or she will comply with section 203.

(4A)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

79 Section 167 amended (Issue of ordinary ballot papers)

In section 167(3)(a), after “rolls”, insert “(either manually or by electronic means)”.

80 Section 172 amended (Voting by special voters)

(1)

Replace section 172(4) with:

(4)

Each constituency candidate may, in writing, appoint 1 or more scrutineers to be present at the office of the Electoral Commission when the Commission is performing its duties in relation to special vote declarations for the district.

(2)

Replace section 172(5) with:

(5)

Every scrutineer must, before being allowed to act, declare that he or she will comply with section 203.

(5A)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

(3)

Replace section 172(6) with:

(6)

If a constituency candidate appoints more than 1 scrutineer under subsection (4), not more than 1 scrutineer for that candidate may be present at any time at the office of the Electoral Commission when the Commission is performing its duties in relation to special vote declarations for the district.

81 Section 174C amended (Preliminary count of early votes)

(1)

In section 174C(2), after “conduct”, insert “(either manually or by electronic means)”.

(2)

Replace section 174C(5)(a) with:

(a)

if an electoral district meets the conditions stated in section 174D(2), at a time (not earlier than 9 am on polling day) determined by the Electoral Commission; or

(3)

In section 174C(5)(b), replace “do not apply” with “are not met”.

(4)

After section 174C(5), insert:

(5A)

The Returning Officer must give notice in writing to each of the constituency candidates or their scrutineers of the time and place at which the preliminary count of early votes will commence.

82 Section 174D amended (Conditions for counting early votes before close of poll)

(1)

In section 174D(1), replace “area, in the office of the Returning Officer,” with “area”.

(2)

In section 174D(1)(a), replace “Returning Officer” with “Electoral Commission”.

83 Section 174F amended (Scrutineers for count of early votes)

(1)

Replace section 174F(3) with:

(3)

Every scrutineer must, before being allowed to act, declare that he or she will comply with section 203.

(3A)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

(2)

In section 174F(4), replace “1.30 pm on polling day” with “the time on polling day that is 30 minutes before the time determined under section 174C(5)(a) for the start of the count”.

84 Section 175 amended (Scrutiny of the rolls)

Replace section 175(3) with:

(3)

Every scrutineer must, before being allowed to act, declare that he or she will comply with section 203.

(3A)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

85 Section 176 amended (Marked copies of rolls to be compared)

In section 176(1)(a)(iii), replace “Registrar of Electors” with “Electoral Commission”.

86 Section 178 amended (Counting the votes)

In section 178(5)(b)(iv), replace “Deputy Returning Officer” with “polling place manager”.

87 Section 179 amended (Declaration of result of poll)

In section 179(2), replace “by publishing in the Gazette a notice in form 14” with “by publishing a notice in the Gazette.

88 Section 180 amended (Application to District Court Judge for recount)

(1)

Replace section 180(5)(b)(i) with:

(i)

to the Electoral Commission; and

(2)

In section 180(8), after “Registrar of Electors”, insert “or the Electoral Commission”.

89 Section 183 amended (Scrutineers for recounts and allocation of list seats)

Replace section 183(4) with:

(4)

Every scrutineer must, before being allowed to act, declare that he or she will comply with section 203.

(4A)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

90 Section 187 amended (Disposal of ballot papers, rolls, etc)

(1)

Replace section 187(3) with:

(3)

The Electoral Commission must attach to the master roll for each district a list that—

(a)

sets out the names and addresses of all special voters whose names were not on the printed roll (other than those whose names were not on that roll by virtue of section 115); and

(b)

indicates the special voters whose votes have been disallowed.

(2)

In section 187(4), replace “Registrar of Electors” with “Electoral Commission”.

(3)

Replace section 187(5) with:

(5)

Any registered elector of the district may inspect any master roll for the district, and the attached list, at the office of the Electoral Commission for the district, without payment of any fee, at any time when the office is open for the transaction of business.

91 Section 188 amended (Annotation of list of special voters)

(1)

In section 188(1),—

(a)

replace “Returning Officer” with “Electoral Commission” in each place; and

(b)

replace “he or she” with “the Returning Officer”.

(2)

Replace section 188(3) and (4) with:

(3)

The annotated list must be held by the Electoral Commission, and any registered elector of the district may inspect the annotated list at the office of the Electoral Commission for the district, without payment of any fee, at any time when the office is open for the transaction of business.

92 Section 191 amended (Election of other members)

In section 191(3), replace “prescribed in form 15” with “specified in a form that the Electoral Commission has approved”.

93 Section 195 amended (Adjournment of poll)

In section 195(1), replace “Where” with “Subject to the concurrence of the Electoral Commission, where”.

94 Section 197 amended (Interfering with or influencing voters)

(1)

In section 197(1)(g), after “New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party”, insert “or a member of Parliament’s out-of-Parliament office”.

(2)

After section 197(1)(j), insert:

(k)

in respect of an advance voting place or a buffer zone, as defined in section 197A(7), does any of the things prohibited in that section.

(3)

After section 197(2A), insert:

(2B)

It is a defence to a prosecution for an offence against subsection (1)(k) that relates to the exhibition of a statement, name, emblem, slogan, or logo in an advance voting place or a buffer zone if the defendant proves that—

(a)

the exhibition was inadvertent; and

(b)

the defendant caused the exhibition to cease as soon as the defendant was notified by the Electoral Commission or a manager of the advance voting place that the exhibition was taking place.

95 New section 197A inserted (Interfering with or influencing advance voters)

After section 197, insert:

197A Interfering with or influencing advance voters

(1)

A person must not do any of the things listed in subsection (2) in an advance voting place or in a buffer zone for that advance voting place while the advance voting place is open for voting.

(2)

The things are as follows:A person must not

(a)

to hold or take part in a demonstration or procession having direct or indirect reference to the poll:; or

(b)

to make a statement that contains a direct or indirect reference to the poll by means of a loudspeaker, public address apparatus, cinematograph, or television apparatus:; or

(c)

to exhibit, publish, distribute, or broadcast—

(i)

a statement advising or intended or likely to influence an elector as to the candidate or party for whom the elector should or should not vote; or

(ii)

a statement advising or intended or likely to influence an elector to abstain from voting; or

(iii)

a party name, emblem, slogan, or logo; or

(iv)

any ribbons, streamers, rosettes, or items of a similar nature in party colours, except for.

(A)

any of those items worn or displayed by a person, not being an electoral official; and

(B)

any of those items worn or displayed on a vehicle; and

(C)

a party lapel badge worn by a person, not being an electoral official.

(2A)

Despite subsections (1) and (2), a person may do the things allowed by subsections (3) to (4B) in an advance voting place or in a buffer zone for that advance voting place while the advance voting place is open for voting.

(3)

A person is not prohibited from making may make a statement described in subsection (2)(b) if the statement is a publication or by radio or television broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989 of—

(a)

an advertisement placed by the Electoral Commission; or

(b)

a non-partisan advertisement broadcast, as a community service, by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989; or

(c)

news that relates to an election.

(4)

A person is not prohibited from exhibiting may exhibit a statement, party name, emblem, slogan, or logo described in subsection (2)(c) if—

(a)

the statement or thing does not relate specifically to the election campaign; and

(b)

before the advance voting place is first opened, the statement or thing is exhibited in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party.

(4A)

A person may wear, or display on a vehicle, ribbons, streamers, rosettes, or other items of a similar nature in party colours if the person is not an electoral official.

(4B)

A person may wear a party lapel badge if the person is not an electoral official.

(5)

Nothing in this section applies to an official statement or announcement made or exhibited under the authority of this Act.

(6)

The Electoral Commission may, at any time during the period when an advance voting place is maintained, cause to be removed or obliterated from the advance voting place or the buffer zone statements or things referred to in section 198(1)(a) to (c), subject to section 198(2) and (3).

(7)

In this section,—

advance voting place means an office for advance special voters maintained by the Electoral Commission under regulations made under this Act, but does not include other facilities for special voting (for example, special voting facilities at a hospital)

buffer zone means the area within 10 metres of any entrance, or any smaller buffer zone specified by the Electoral Commission for a particular advance voting place

entrance means an entrance, used by voters, to the area of the advance voting place where voting papers are being issued, and the Electoral Commission may specify an entrance for a particular advance voting place.

96 Section 199 amended (Recovery of expenses)

In section 199, replace Returning Officer in carrying out the power conferred by section 198(1) may be recovered by the Returning Officer with Electoral Commission in exercising the powers conferred by sections 197A(6) and 198(1) may be recovered by the Electoral Commission.

97 Section 199A replaced (Publishing false statements to influence voters)

Replace section 199A with:

199A Publishing false statements to influence voters

(1)

A person is guilty of a corrupt practice if the person, with the intention of influencing the vote of an elector,—

(a)

first publishes or republishes a statement, during the specified period, that the person knows is false in a material particular; or

(b)

arranges for the first publication or republication of a statement, during the specified period, that the person knows is false in a material particular.

(2)

Subsection (1) does not apply if—

(a)

the statement was first published before the specified period and remains available or accessible within all or part of the specified period; but

(b)

the person did not, during the specified period, by any means,—

(i)

advertise or draw attention to the statement; or

(ii)

promote or encourage any person to access the statement.

(3)

In this section,—

publish, in relation to a statement, means to bring to the notice of a person in any manner,—

(a)

including by—

(i)

displaying on any medium:

(ii)

distributing by any means:

(iii)

delivering to an address:

(iv)

leaving at a place:

(v)

sending by post or otherwise:

(vi)

printing in a newspaper or other periodical:

(vii)

broadcasting by any means:

(viii)

disseminating by means of the Internet or any other electronic medium:

(ix)

storing electronically in a way that is accessible to the public:

(x)

incorporating in a device for use with a computer:

(xi)

inserting in a film or video; but

(b)

excluding addressing 1 or more persons face to face

specified period means the period—

(a)

beginning 2 days immediately before polling day; and

(b)

ending with the close of the poll.

98 Section 202 amended (Property to be stated as being in Returning Officer)

(1)

In the heading to section 202, replace Returning Officer with Electoral Commission.

(2)

In section 202, replace “Returning Officer” with “Electoral Commission”.

98A Section 206 amended (Interpretation)

In section 206(1), insert in its appropriate alphabetical order:

allocation, in relation to a party, means an allocation of money made to the party under section 79 of the Broadcasting Act 1989

98B New section 206IA inserted (Return of party’s allocation expenses)

After section 206I, insert:

206IA Return of party’s allocation expenses

(1)

Within 90 days after polling day for a general election, a party secretary must file with the Electoral Commission a return of expenses incurred by the party that have been funded from the party’s allocation.

(2)

The return must be in a form approved by the Electoral Commission and include details of

(a)

the amount of the party’s allocation; and

(b)

all accounts sent by the party to the Electoral Commission under section 80B(1) of the Broadcasting Act 1989 in respect of the expenditure of the party’s allocation.

(3)

The return must be accompanied by an auditor’s report obtained under section 206LA.

98C New section 206LA inserted (Auditor’s report on return of party’s allocation expenses)

After section 206L, insert:

206LA Auditor’s report on return of party’s allocation expenses

(1)

A party secretary must arrange for the auditor appointed under section 206J to prepare a report on the return required by section 206IA.

(2)

The auditor must make any examinations that the auditor considers necessary.

(3)

The auditor

(a)

must have access at all reasonable times to all records, documents, and accounts that relate to the expenses funded from the party’s allocation; and

(b)

may require the party secretary to provide any information and explanations that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.

98D Section 206N amended (Offences relating to return of party’s election expenses)

(1)

In the heading to section 206N, after expenses, insert and return of party’s allocation expenses.

(2)

In section 206N(1), delete of election expenses under section 206I.

(3)

Replace section 206N(1A) with:

(1A)

A party secretary is guilty of a corrupt practice if the party secretary, without reasonable excuse,

(a)

files a return after the late period; or

(b)

fails to file a return.

(4)

In section 206N(2), delete under section 206I.

(5)

After section 206N(3), insert:

(4)

In this section, return means

(a)

a return of election expenses required to be filed under section 206I:

(b)

a return of allocation expenses required to be filed under section 206IA.

98E Section 206Q amended (Return of party’s election expenses to be publicly available)

(1)

In the heading to section 206Q, after expenses, insert and return of party’s allocation expenses.

(2)

In section 206Q(1), after section 206I, insert or 206IA.

99 Section 215 amended (Personation)

In section 215(4), replace “Returning Officer” with “Electoral Commission” in each place.

100 Section 221B amended (Display of advertisement of a specified kind)

In section 221B(1), replace “2 months” with “9 weeks”.

101 Section 230 amended (Election petitions to High Court)

(1)

In section 230(2), replace “Returning Officer or Registrar of Electors, he or she shall” with “Electoral Commission, the Electoral Commission must”.

(2)

In section 230(4), replace “Returning Officer” with “Electoral Commission”.

102 Section 256 amended (Withdrawal and substitution of respondents before trial)

In section 256(1), replace “the Returning Officer or a Registrar of Electors” with “the Electoral Commission”.

103 Section 263A amended (Disclosure of immigration information for matching purposes)

Replace section 263A(5) and (6) with:

(5)

Subsection (6) applies in respect of a person if the result of a comparison carried out under subsection (4) indicates that the person has applied to be (but is not yet) registered as an elector, or is on the electoral roll, and is—

(a)

a person who the chief executive of the responsible department believes is 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.

(6)

If this subsection applies in respect of a person, the Electoral Commission 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 87; 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.

104 Section 267A amended (Regulations relating to advertisement of a specified kind)

In section 267A(2)(b), replace “2 months” with “9 weeks”.

105 New Schedule 1AA inserted

Insert the Schedule 1AA set out in Schedule 1 of this Act as the first schedule to appear after the last section of the principal Act.

105A Schedule 1AA amended

In Schedule 1AA, after clause 1, insert:

2 Notice of change of place of residence given but not dealt with

An applicant who gives notice under section 89C(2) before the commencement of this clause and whose notice has not, by the close of the day before the commencement of this clause, been dealt with under section 89C(5), (6), or (13), is for the purposes of section 89(1) an applicant for registration as an elector.

106 Schedule 2 amended

Repeal forms 1, 4, 4A, 10, 14, and 15.

Part 2 Amendments to other enactments

107 Amendments to other enactments

Amend the enactments specified in Schedule 2 as set out in that schedule.

Schedule 1 New Schedule 1AA inserted

s 105

Schedule 1AA Transitional, savings, and related provisions

s 3AA

Part 1 Provisions relating to Electoral Amendment Act 2016

1 Appointment of Registrar or Deputy Registrar

Any appointment of a Registrar or Deputy Registrar made before the commencement of this clause continues but may be revoked as if it had been made under section 22 (as replaced by section 7 of the Electoral Amendment Act 2016).

2 Notice of change of place of residence given but not dealt with

An applicant who gives notice under section 89C(2) before the commencement of this clause and whose notice has not, by the close of the day before the commencement of this clause, been dealt with under section 89C(5), (6), or (13) is for the purposes of section 89(1) an applicant for registration as an elector.

Schedule 2 Amendments to other enactments

s 107

Part 1Amendments to Acts

Citizens Initiated Referenda Act 1993 (1993 No 101)

In section 27(2)(a), replace “Registrar of the electoral district in respect of which the person became registered” with “Electoral Commission”.

In section 27(3)(a), replace “Registrar shall, if the registrar” with “Electoral Commission must, if the Electoral Commission”.

In section 27(3)(b), replace “Registrar shall not be” with “Electoral Commission is not”.

In section 36(1), replace “form 1 of Schedule 2 of the Electoral Act 1993 (which form shall be used with all necessary modifications)” with “a form that the Electoral Commission has approved”.

Replace section 36(2)(a) with:

(a)

may be present at the office of the Electoral Commission for the district when the Electoral Commission is performing its duties under section 172 of the Electoral Act 1993 (as applied by this Act) in relation to declarations in respect of special votes for the district, but not more than 1 such scrutineer per answer may be present at any time; and

In section 50(b), replace “Registrar of Electors” with “Electoral Commission”.

Local Electoral Act 2001 (2001 No 35)

In section 5(1), repeal the definition of Registrar of Electors.

In section 19ZC(2)(d)(i), replace “a Registrar of Electors” with “the Electoral Commission”.

In section 30(2)(c)(i), replace “a Registrar of Electors” with “the Electoral Commission”.

In section 142(c), delete “or a Registrar of Electors”.

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

In section 3(1), definition of electoral roll, paragraph (a), replace “Registrar” with “Electoral Commission”.

In section 3(1), repeal the definition of Registrar.

Replace section 14(3) with:

(3)

The Electoral Commission must print the preliminary referendum roll for each district as soon as practicable after the appointed date.

In section 17(1), replace “Registrar for” with “Electoral Commission for”.

In section 17(2)(a), replace “Registrar’s office” with “office of the Electoral Commission for the district”.

In section 17(5), replace “Registrar for” with “Electoral Commission for”.

In section 26(2)(b), replace “a Registrar” with “the Electoral Commission”.

In section 26(2)(c), replace “Registrar” with “Electoral Commission”.

In section 64(1)(a), replace “Registrar for the district” with “Electoral Commission”.

Part 2Amendments to Legislative Instruments legislative instruments

Electoral Regulations 1996 (SR 1996/93)

In regulation 3, replace “in form 1” with “in a form that the Electoral Commission has approved”.

In regulation 4, replace “shall be in form 4” with “must be in a form that the Electoral Commission has approved”.

In regulation 4A, replace “in form 6” with “in a form that the Electoral Commission has approved”.

In regulation 4B, replace “in form 7” with “in a form that the Electoral Commission has approved”.

In regulation 12(1), replace “Registrar of Electors shall” with “Electoral Commission must”.

In regulation 12(2),—

(a)

replace “Registrar of Electors” with “Electoral Commission”; and

(b)

replace “Registrar under” with “Electoral Commission under”.

In regulation 13(1)(b), replace “Registrar of Electors” with “Electoral Commission”.

In regulation 15, replace “Registrar of Electors” with “Electoral Commission”.

In regulation 21(5)(a)(i), replace “in form 17 or form 18 or form 19, as the case may require” with “in a form that the Electoral Commission has approved”.

Replace regulation 21(5)(a)(ii) with:

(ii)

if a declaration is issued, an envelope that—

(A)

contains 2 self-contained compartments; and

(B)

is addressed by the Issuing Officer to the Returning Officer for the district for which the vote is issued; and

Revoke regulation 22.

Replace regulation 23B(2) with:

(2)

Every Issuing Officer must, before entering into the duties of office, declare that he or she will comply with section 203.

(3)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

Replace regulation 24A(7) with:

(7)

Every scrutineer must, before being allowed to act, declare that he or she will comply with section 203.

(7A)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

Replace regulation 25 with:

25 Declaration by special voter

(1)

Every person who makes a declaration under this Part or Part 3 must indicate on the declaration the ground or grounds on which that person is claiming a special vote.

(2)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

Replace regulations 35 and 36 with:

35 Electoral Commission to determine whether person casting special vote is qualified to vote

The Electoral Commission must—

(a)

examine each declaration for a special vote (not being a special vote that is disallowed because it has been received late) for the purpose of determining whether the person is qualified to vote; and

(b)

ensure that the following words, as the case requires, are shown on the declaration:

(i)

“Qualified”:

(ii)

“Not Qualified”:

(iii)

“Party Vote Qualified”.

36 Duties of Electoral Commission

(1)

When examining a declaration, the Electoral Commission must determine whether the name stated in the declaration is that of a person—

(a)

who is qualified to vote under section 60 of the Act; or

(b)

whose party vote may not be disallowed under section 178(5A) of the Act.

(2)

Without limiting any other steps that the Electoral Commission may take or the information it may use when making its determination, the Electoral Commission—

(a)

must ascertain whether the name stated in the declaration appears on the roll for the district:

(b)

must take into account, and may accept as sufficient evidence that the name stated in the declaration is that of a person qualified to vote, any endorsement made, under regulation 21(6), on the declaration:

(c)

must, where section 60(b) of the Act may be applicable, check the applications for registration received by the Electoral Commission after writ day and before polling day:

(d)

must, where section 60(c) of the Act may be applicable, ascertain whether the name stated in the declaration is that of a person who, at the time of the last election, was registered as an elector of the district, or, where a change of boundaries has intervened, of some other district in which the person’s place of residence was then situated:

(e)

must, where section 60(d) of the Act may be applicable, ascertain whether the name stated in the declaration appears on a dormant roll for the district as it existed on the day before polling day:

(f)

must, where section 60(e) of the Act may be applicable, ascertain whether a resident or former resident of Campbell Island or Raoul Island has made the declaration:

(g)

must, where section 178(5A) of the Act may be applicable, ascertain whether the name stated in the declaration appears on the roll for any district.

In regulation 37(1), delete “, pursuant to regulation 36(4),”.

In regulation 37(1A), delete “, under regulation 36(3A),”.

In regulation 37(2), delete “, pursuant to regulation 35(2) or regulation 36(3)”.

Replace regulation 43(2)(c) with:

(c)

declarations in a form that the Electoral Commission has approved for use by—

(i)

a member of the New Zealand Defence Force applying to vote as a special voter:

(ii)

a special voter who is overseas or on a fishing vessel; and

Replace regulation 43(3)(b) with:

(b)

declarations in a form that the Electoral Commission has approved for use by—

(i)

a member of the New Zealand Defence Force applying to vote as a special voter:

(ii)

a special voter who is overseas or on a fishing vessel; and

Replace regulation 44 with:

44 Declarations by Overseas Returning Officers and Overseas Issuing Officers

(1)

Every Overseas Returning Officer and Overseas Issuing Officer must, before entering into the duties of office, declare that he or she will comply with section 203.

(2)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

In regulation 45(2)(a), replace “shall be in form 20” with “must be in a form that the Electoral Commission has approved”.

In regulation 45(2)(b), replace “shall be in form 21” with “must be in a form that the Electoral Commission has approved”.

In regulation 50(2), replace “is in form 20 the Returning Officer shall not forward the declaration to the Registrar of Electors but shall, forthwith” with “is made by a member of the New Zealand Defence Force applying to vote as a special voter the Returning Officer must,”.

Replace regulation 54(2) with:

(2)

Every Issuing Officer must, before entering into the duties of office, declare that he or she will comply with section 203.

(3)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

Replace regulation 55(1)(c) with:

(c)

declarations in a form that the Electoral Commission has approved for use by—

(i)

a member of the New Zealand Defence Force applying to vote as a special voter:

(ii)

a special voter who is overseas or on a fishing vessel:

(iii)

a resident or former resident of Campbell Island or Raoul Island; and

Replace regulation 55(2)(b) with:

(b)

declarations in a form that the Electoral Commission has approved for use by—

(i)

a member of the New Zealand Defence Force applying to vote as a special voter:

(ii)

a special voter who is overseas or on a fishing vessel:

(iii)

a resident or former resident of Campbell Island or Raoul Island; and

In regulation 56(3), replace “in form 22” with “in a form that the Electoral Commission has approved”.

In regulation 59(2), replace “in form 22” with “in a form that the Electoral Commission has approved”.

In regulation 61(1), replace “in form 22” with “in a form that the Electoral Commission has approved”.

In regulation 61(2)(b), replace “in form 22” with “in a form that the Electoral Commission has approved”.

In Schedule 1, revoke forms 1, 4, 6, 7, 17, 18, 19, 20, 21, and 22.

Local Electoral Regulations 2001 (SR 2001/145)

In regulation 14, replace “on the “Application for registration as a parliamentary elector” form, which is form 1 of Schedule 1 of the Electoral Regulations 1996 (SR 1996/93)” with “in a form that the Electoral Commission has approved”.

Legislative history

22 September 2016

Introduction (Bill 176–1)

11 October 2016

First reading and referral to Justice and Electoral Committee

1 The report on the Inquiry into the 2014 general election can be found here: http://bit.ly/2hmxln8

2 The Government response to the Inquiry into the 2014 general election can be found here: http://bit.ly/2hsxZ5n