Electoral Regulations 1996

  • This version was replaced on 28 August 2017 to make corrections to regulations 4B, 18(2), 19(1) and (1)(b), 21(5)(a)(iv), 25(5), 26(3), 45(1)(b), (1)(b)(i), and (2), 46(2) and (7)(b), 49(1)(b)(i) and (2)(a), and form 15 in Schedule 1 under section 25(1)(i), (j)(ii), (iii), and (iv) of the Legislation Act 2012.
49 Parcels of spoilt ballot and voting papers, and other papers

(1)

Immediately after the expiration of the time mentioned in regulation 45, every Overseas Returning Officer—

(a)

shall compile, and certify as correct, a list showing the consecutive numbers of all unused declarations in form 20 or form 21; and

(b)

shall make up into separate parcels—

(i)

all spoilt ballot papers and all spoilt voting papers and all spoilt declarations in form 20 or form 21,—

(ii)
[Revoked]

and shall mark each parcel to show the nature of its contents.

(2)

The Overseas Returning Officer shall, if the parcels contain papers relating to a general election, deal with those parcels and the other parcels similarly made up by the Overseas Returning Officer as follows:

(a)

the Overseas Returning Officer, having compiled and certified as correct a list showing the consecutive numbers of all unused declarations in form 20 or form 21, shall destroy all unused ballot papers and all unused voting papers and all unused declarations in form 20 or form 21; and

(b)

the Overseas Returning Officer shall enclose in 1 or more separate packets all the parcels containing spoilt ballot papers and spoilt voting papers and spoilt declarations in form 20 or form 21; and

(c)

the Overseas Returning Officer shall enclose in 1 or more separate packets all the parcels containing other papers in connection with the election (including the list compiled under subclause (1)(a)); and

(d)

the Overseas Returning Officer shall endorse each such packet with a description of its contents, and shall sign the endorsement, and shall despatch the packets to the Electoral Commission at Wellington.

(3)

The Overseas Returning Officer shall, if the parcels contain papers relating to a by-election, deal with those parcels and the other parcels similarly made up by the Overseas Returning Officer as follows:

(a)

the Overseas Returning Officer having compiled, and certified as correct, a list showing the consecutive numbers of all unused declarations in form 20 or form 21, shall destroy all unused ballot papers and all unused declarations in form 20 or form 21; and

(b)

the Overseas Returning Officer shall enclose in 1 or more separate packets all the parcels containing spoilt ballot papers and spoilt declarations in form 20 or form 21; and

(c)

the Overseas Returning Officer shall enclose in 1 or more separate packets all the parcels containing other used papers in connection with the by-election (including the list compiled under subclause 1(a)); and

(d)

the Overseas Returning Officer shall endorse each such packet with a description of its contents, and shall sign the endorsement, and shall despatch the packets to the Electoral Commission at Wellington.

(4)

An Electoral Commissioner, on behalf of the Electoral Commission, must—

(a)

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

(b)

properly secure the parcels; and

(c)

endorse each parcel with a description of its contents; and

(d)

sign the endorsement and immediately forward the parcels to the Clerk of the House of Representatives.

(5)

The Clerk shall forthwith give or send to the Electoral Commission a receipt for the parcels, which receipt shall be signed by the Clerk.

Regulation 49(1)(b)(ii): revoked, on 16 May 2002, by regulation 27 of the Electoral Amendment Regulations (No 2) 2002 (SR 2002/96).

Regulation 49(2)(d): amended, on 1 October 2010, by section 32(1)(c) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Regulation 49(3)(d): amended, on 1 October 2010, by section 32(1)(c) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Regulation 49(4): substituted, on 1 October 2010, by section 32(2)(c) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Regulation 49(5): amended, on 1 October 2010, by section 32(1)(c) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).