(1) Every application for registration as an elector shall be—

• (a) in form 1; or

• (b) where the application is made under section 86 of the Act in respect of a person who lacks, wholly or partly, the capacity to understand the nature of the decision to register as an elector, in form 2.

(2) [Revoked]

Every notice under section 78(2) of the Act shall be in form 4.

Every inquiry under section 83(1) of the Act must be in form 6.

Every request, under section 83D(3) of the Act, for confimation of an elector's new place of residence must be in form 7.

(1) The Registrar of Electors shall, as soon as practicable after the close of business on the day before polling day, send to the Returning Officer a list of those persons whose names have, under section 88(3) of the Act, been entered, after writ day and before the close of business on the day before polling day, on the electoral roll for the district.

(2) Nothing in this regulation requires the Registrar of Electors to complete processing all applications for registration received by the Registrar under section 88(3) of the Act before forwarding the list referred to in subclause (1) to the Returning Officer.

(1) Every person is entitled to a copy of a printed main roll with its supplements, as one roll, on payment of a fee of—

• (a) $30.20; or

• (b) in any case where the Registrar of Electors is satisfied that the copy is required for a purpose that relates to an election or to the conduct of a poll that is required by or under an Act, $10.90.

(2) The fee payable on each request for information, under section 112 or section 114 of the Act, to be supplied on a computer-compiled list is $455.50 plus $2.40 for every 1 000 lines on the list.

(3) The fee payable on each request for the supply of information, under section 112 or section 114 of the Act, to be supplied on an electronic storage medium is $455.50 plus $42.30 for each such medium.

(4) Requests under section 112 or section 114 of the Act must be processed in the order in which they are received, and their processing must not take priority over electoral roll maintenance work.

(1) When electoral information is to be supplied, in accordance with section 113 of the Act, on any electronic storage medium, the fee specified in subclause (2) is payable if the information is not required for the conduct of an election or a by-election, or the conduct of any poll that is required by or under an Act.

(2) The fee referred to in subclause (1) is $455.50 plus $42.30 for each electronic storage medium.

The fee payable for a copy of a habitation index compiled under section 108 of the Act shall be $120.80:

provided that the fee shall be reduced to $36.30 if the Registrar of Electors is satisfied that the copy is required for any purpose relating to an election or poll that is required by or under any Act.

The Returning Officer's advice to the Electoral Commission under section 147 of the Act shall—

• (a) state the names of the constituency candidates exactly as they are to be printed on the ballot paper; and

• (b) state, in relation to the name of each constituency candidate, either the name of the candidate's political party or the word “INDEPENDENT”; and

• (c) be accompanied by copies of the party logos (if any) submitted under section 143(3A) of the Act in respect of the constituency candidates.

(1) The Electoral Commission must arrange for the printing of special ballot papers for every electoral district as soon as practicable after nomination day.

(2) The ballot paper must be,—

• (a) in the case of a general election, in form 14; or

• (b) in the case of a by-election, in form 15.

(3) Ballot papers may be printed without counterfoils.

(1) Where, for the purposes of any general election being conducted in accordance with the Act, lists of candidates (in this regulation called party lists) are submitted to the Electoral Commission under section 127 of the Act, the Electoral Commission must, as soon as reasonably practicable after nomination day for that election, send to each Returning Officer copies of each party list (not being a list rejected under section 128 of the Act).

(2) Where the names of more than 65 candidates are included on a party list only the first 65 of those names shall be included on each copy of that list sent under subclause (1) to each Returning Officer.

(3) [Revoked]

(4) [Revoked]

(1) Following the close of nominations and the completion of the discharge by the Electoral Commission of its duties under section 128 of the Act in respect of the lists of candidates, ballot papers may be issued to special voters at any time before the close of the poll—

• (a) in the case of a general election, by any Returning Officer or any Issuing Officer, to electors of any electoral district:

• (b) in the case of a by-election in any electoral district, by the Returning Officer for the district, or any Issuing Officer or any Registrar of Electors, or any person authorised by any Registrar of Electors to electors of the district.

(2) Where an election is to be held in any district, the Returning Officer—

• (a) shall, throughout the period beginning with the completion of the discharge by the Electoral Commission of its duties under section 128 of the Act in respect of the lists of candidates and ending with the close of the day before polling day, maintain within the district at least 1 office at which ballot papers and voting papers may be issued to special voters on such days and at such times as the Returning Officer decides; and

• (b) may maintain outside the district, at any time in the period beginning with the completion of the discharge by the Electoral Commission of its duties under section 128 of the Act in respect of the lists of candidates and ending with the close of the day before polling day, 1 or more offices at which ballot papers and voting papers may be issued to special voters on such days and at such times as the Returning Officer decides.

(3) Ballot papers and voting papers may be issued to special voters during the hours of polling by any Issuing Officer in a like manner as by Returning Officers.

(4) It shall be the duty of every Returning Officer to ensure that, as far as practicable, facilities for special voting are made available at every hospital, maternity home, or institution for the reception or relief of persons requiring medical or surgical or other treatment or suffering from any illness, disease, or disability, or for convalescent, aged, infirm, incurable, destitute, or poor people.

(5) Without limiting the generality of subclause (3), for the purpose of enabling hospital votes to be exercised in accordance with regulation 23, the Returning Officer in whose district any such hospital, maternity home, or institution as aforesaid is situated shall ensure that, as far as practicable, there are provided at the hospital, maternity home, or institution the main and supplementary rolls, ballot papers, and voting papers for the districts ordinarily served by the hospital, maternity home, or institution, and a ballot box for each such district.

(6) Any person issuing ballot papers or voting papers in any hospital, maternity home, or institution may, with the approval of the chief executive officer or other person having charge of the hospital, maternity home, or institution, be accompanied by any persons appointed respectively by the local branches of political or other organisations interested in the election or poll; and if he or she is not accompanied by any such person he or she shall be accompanied by a person appointed by the Returning Officer.

(7) Copies of party lists—

• (a) must be available for inspection by special voters; and

• (b) may be sent to special voters who do not apply in person for special voting papers.

An application for a special vote may be made—

• (a) in person by the elector:

• (b) by a written application signed by the elector:

• (c) by a written application signed on behalf of the elector pursuant to an authority signed by the elector:

• (d) in any other manner, if the person issuing the ballot paper is satisfied that the application is made in good faith and that it is not practicable to make it in a manner prescribed by paragraphs (a) to (c).

(1) Subject to regulation 19, any Issuing Officer may, upon application made by or on behalf of an elector in accordance with regulation 20, issue,—

• (a) in the case of a general election, a special ballot paper in form 14:

• (b) in the case of a by-election, a special ballot paper in form 15.

(2) The Issuing Officer shall, in the case of a general election,—

• (a) insert in the ballot paper in form 14 in the space for the declaration number, the consecutive number printed or otherwise entered on the declaration referred to in subclause (5)(a)(i); and

• (b) except where the ballot paper has been printed in accordance with regulation 17, insert in the part of the ballot paper in form 14 relating to the party vote the name of each political party that has submitted a list of candidates in accordance with section 127 of the Act (not being a list rejected under section 128 of the Act) as shown on the list supplied by the Electoral Commission; and

• (c) except where the ballot paper has been printed in accordance with regulation 17, insert in the part of the ballot paper in form 14 relating to the electorate vote the names of the constituency candidates; and

• (d) except where the ballot paper has been printed in accordance with regulation 17, insert in the part of the ballot paper in form 14 relating to the electorate vote immediately under the name of each constituency candidate in the manner prescribed by section 150(6)(d) of the Act, either—

  • (i) the name of the constituency candidate's political party; or

  • (ii) the word “INDEPENDENT”.

(3) The Issuing Officer shall, in the case of a by-election,—

• (a) insert in the ballot paper in form 15 in the space for the declaration number, the consecutive number printed or otherwise entered on the declaration referred to in subclause (5)(a)(i); and

• (b) except where the ballot paper has been printed in accordance with regulation 17, insert in the part of the ballot paper in form 15 relating to the electorate vote the names of the constituency candidates; and

• (c) except where the ballot paper has been printed in accordance with regulation 17, insert in the part of the ballot paper in form 15 relating to the electorate vote immediately under the name of each constituency candidate, in the manner prescribed by section 150(6)(d) of the Act, either—

  • (i) the name of the constituency candidate's political party; or

  • (ii) the word “INDEPENDENT”.

(4) Special ballot papers issued pursuant to paragraph (a) or paragraph (b) of subclause (1) may include logos in accordance with section 172(3A) of the Act.

(5) Every person issuing a ballot paper in accordance with subclause (1)—

• (a) shall issue together with the ballot paper—

  • (i) a declaration in form 17 or form 18 or form 19, as the case may require; and

  • (ii) where the declaration issued is in form 17 or form 18 or form 19, an envelope which contains 2 self-contained compartments and which is addressed by the Issuing Officer to the Returning Officer for the district for which the vote is issued; and

  • (iii) any voting paper required to be issued under any enactment; and

  • (iv) unless the ballot paper is being issued to the voter in person, an instruction sheet on special voting; and

• (b) [Revoked]

(6) Where the voter is not on the main roll or any supplementary roll for the district but an acknowledgment of enrolment of that voter as an elector of that district or other documentary evidence that the voter is an elector of the district, is produced to the Issuing Officer, the Issuing Officer may endorse on the declaration the words “Not on printed roll—form 3 (or [state nature of the other evidence]) produced”.

(7) [Revoked]

(8) Where a ballot paper or a voting paper is issued under this regulation, the Issuing Officer shall ensure—

• (a) that a piece of gummed paper is firmly fixed over the consecutive number on that ballot paper or voting paper so as to conceal that number effectively; and

• (b) that the Issuing Officer's official mark is placed on—

  • (i) that ballot paper; and

  • (ii) that voting paper; and

  • (iii) the declaration form.

(1) In these regulations, the term tangata whenua vote means a special vote exercised both in accordance with this regulation and in accordance with regulations 27 and 28.

(2) Where, under regulation 20(a), an application for a special vote is made in person by an elector of a Maori electoral district at a polling place appointed for a General electoral district, the elector may exercise a special vote under this regulation if—

• (a) the elector's name appears on the main roll or any supplementary roll for a Maori electoral district; and

• (b) the polling place for the General electoral district is situated in that Maori electoral district; and

• (c) the polling place for the General electoral district has not been appointed a polling place for that Maori electoral district.

(3) If an elector applies for a special vote under this regulation, only Part 2 of form 17 must be completed.

(3A) When Part 2 of form 17 is completed, the Issuing Officer must place the Issuing Officer's official mark in the space provided.

(4) When the Issuing Officer has complied with subclause (3A), the Issuing Officer shall—

• (a) place the form 18 in the compartment of the envelope marked “Declaration”; and

• (b) after sealing the compartment of the envelope marked “Declaration”, hand to the elector—

  • (i) that envelope (being an envelope addressed by the Issuing Officer to the Returning Officer for the Maori electoral district for which the vote is issued); and

  • (ii) a special ballot paper; and

  • (iii) any voting papers issued under any enactment.

(5) The following provisions shall not apply in respect of a special vote under this regulation:

• (a) regulations 25 and 26:

• (b) regulation 37(4).

(6) Subclause (7) applies if the Electoral Commission intends to appoint, or has appointed, every polling place in a General electoral district that is situated in a Māori electoral district as a polling place for that Māori electoral district.

(7) If this subclause applies,—

• (a) Part 2 of form 17 is not required to be printed; and

• (b) form 17 must be printed—

  • (i) with the heading “Declaration by special voter where the voter is present at an issuing office or polling place”; and

  • (ii) without the instructions to voters and the heading to Part 1 of that form.

(1) In these regulations, the term hospital vote means a special vote exercised in accordance with this regulation.

(2) Where under regulation 20(a) an application for a special vote is made in person by an elector who is a patient in any hospital, maternity home, or institution referred to in regulation 19(4), an Issuing Officer, instead of issuing a special ballot paper under regulation 21(1), may issue a ballot paper in accordance with section 167 of the Act; and in any such case that section shall apply with the necessary modifications.

(3) The following provisions shall not apply in respect of a hospital vote:

• (a) the provisions of regulation 21:

• (b) the provisions of regulations 24 to 42.

(4) [Revoked]

(5) Every elector who exercises a hospital vote shall alone and secretly—

• (a) mark the party vote portion of the ballot paper with a tick within the circle immediately after the name of the party for which the voter wishes to vote; and

• (b) mark the electorate vote portion of the ballot paper with a tick within the circle immediately before the name of the constituency candidate for whom the voter wishes to vote; and

• (c) mark any voting paper in accordance with the instructions on that voting paper.

(6) Where a hospital vote is exercised by a voter who—

• (a) is wholly or partially blind; or

• (b) whether because of physical handicap or otherwise, is unable to read or write; or

• (c) has severe difficulty in reading or writing; or

• (d) is not sufficiently familiar with the English language to vote without assistance,—

section 170 of the Act shall apply, so far as it is applicable and with the necessary modifications.

(7) Subject to subclause (6), every person present when a hospital vote is exercised by a voter—

• (a) shall refrain from looking at or becoming acquainted with the vote given by the voter; and

• (b) shall not in any way attempt to influence or interfere with the voter in the exercise of his or her vote; and

• (c) shall not allow any person—

  • (i) to see or become acquainted with the voter's vote; or

  • (ii) to assist the voter to vote; or

  • (iii) to interfere in any way with the voter in relation to his or her vote.

(8) When a hospital vote under this regulation has been exercised by a voter, the voter—

• (a) shall fold his or her ballot paper so that the contents cannot be seen; and

• (b) shall fold any voting paper or voting papers so that the contents cannot be seen; and

• (c) shall then deposit the ballot paper so folded and the voting paper or voting papers (if any) so folded in the ballot box for the appropriate district.

(9) [Revoked]

(10) Every Issuing Officer authorised to issue hospital votes must, in respect of each district and in accordance with the instructions of the Returning Officer,—

• (a) make up into separate parcels, endorsed in accordance with section 174A(1)(b) of the Act,—

  • (i) the certified copies of the main roll and supplementary rolls that have been marked by Issuing Officers to indicate the persons who applied to vote; and

  • (ii) all the counterfoils of ballot papers that have been issued to voters and all the unused ballot papers and voting papers; and

  • (iii) all the spoilt ballot papers and voting papers; and

• (b) deliver into the possession of the Returning Officer the hospital votes and all parcels mentioned in paragraph (a).

(11) [Revoked]

(1) Where under regulation 20(a) an application for a special vote is made in person by an elector before polling day either within the elector's own district or at an office maintained under regulation 19(2)(b) by the Returning Officer of the elector's own district, an Issuing Officer, instead of issuing a special ballot paper under regulation 21(1), may issue a ballot paper in accordance with section 167 of the Act; and in any such case that section shall apply with the necessary modifications.

(2) The following provisions shall not apply in respect of a special vote under this regulation:

• (a) the provisions of regulation 21:

• (b) the provisions of regulations 25 to 42.

(3) [Revoked]

(4) Every voter who exercises a vote under this regulation shall alone and secretly—

• (a) mark the party vote portion of the ballot paper with a tick within the circle immediately after the name of the party for which the voter wishes to vote; and

• (b) mark the electorate vote portion of the ballot paper with a tick within the circle immediately before the name of the constituency candidate for whom the voter wishes to vote; and

• (c) mark any voting paper in accordance with the instructions on that voting paper.

(5) Where a special vote under this regulation is exercised by a voter who—

• (a) is wholly or partially blind; or

• (b) whether because of physical handicap or otherwise, is unable to read or write; or

• (c) has severe difficulty in reading or writing; or

• (d) is not sufficiently familiar with the English language to vote without assistance,—

section 170 of the Act shall apply, so far as it is applicable and with the necessary modifications.

(6) Subject to subclause (5), every person present when a special vote under this regulation is exercised by a voter—

• (a) shall refrain from looking at or becoming acquainted with the vote given by the voter; and

• (b) shall not in any way attempt to influence or interfere with the voter in the exercise of his or her vote; and

• (c) shall not allow any person,—

  • (i) to see or become acquainted with the voter's vote; or

  • (ii) to assist the voter to vote; or

  • (iii) to interfere in any way with the voter in relation to his or her vote.

(7) When a special vote under this regulation has been exercised by a voter, the voter—

• (a) shall fold his or her ballot paper so that the contents cannot be seen; and

• (b) shall fold any voting paper or voting papers so that the contents cannot be seen; and

• (c) shall then deposit the ballot paper so folded and the voting paper or voting papers (if any) so folded in the ballot box for the appropriate district.

(8) [Revoked]

(9) At any time before 3 pm on polling day, every Issuing Officer authorised to issue special votes under this regulation must, in respect of each district,—

• (a) make up into separate parcels, endorsed in accordance with section 174A(1)(b) of the Act,—

  • (i) the certified copies of the main roll and supplementary rolls that have been marked by Issuing Officers to indicate the persons who applied to vote; and

  • (ii) all the counterfoils of ballot papers that have been issued to voters and all the unused ballot papers and voting papers; and

  • (iii) all the spoilt ballot papers and voting papers; and

• (b) deliver into the possession of the Returning Officer the sealed or locked ballot box and, if applicable, its key and all parcels mentioned in paragraph (a).

(10) [Revoked]

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

(1A) Every declaration in form 17 must be signed by the person making it and must be witnessed by the Issuing Officer.

(2) Every declaration in form 18 or form 19 shall be signed by the person making it and shall be witnessed by—

• (a) [Revoked]

• (b) a person authorised to take a statutory declaration under the Oaths and Declarations Act 1957; or

• (c) a person approved under regulation 26 and authorised by a candidate to witness, for the purposes of the election, declarations by special voters; or

• (d) a relative of the special voter; or

• (e) a member of the household of the special voter; or

• (f) an elector registered in any electoral district.

(3) Every declaration in form 20 or form 21 shall be signed by the person making it and shall be witnessed by—

• (a) the Issuing Officer; or

• (b) a Commonwealth Representative; or

• (c) a person authorised to take a statutory declaration in New Zealand under the Oaths and Declarations Act 1957; or

• (ca) a person approved under regulation 26 and authorised by a candidate to witness, for the purposes of the election, declarations by special voters; or

• (d) a person authorised to administer an oath for the purpose of a judicial proceeding in the country in which the declaration is made; or

• (e) a Commissioner of Oaths; or

• (ea) a notary public; or

• (f) a relative of the special voter; or

• (g) a member of the household of the special voter; or

• (ga) an elector registered in any electoral district; or

• (h) a business associate or business colleague of the special voter.

(4) [Revoked]

(5) Every witness to a declaration shall—

• (a) insert his or her full name and address in the declaration; and

• (b) sign the declaration; and

• (c) indicate his or her qualification:

provided that if the witness is an Issuing Officer he or she shall, instead of inserting his or her full name and address, place his or her official mark in the space provided on the declaration.

(1) Each candidate may nominate 1 or more persons authorised by the candidate to witness special voting declarations.

(2) Every nomination under this regulation shall—

• (a) be in writing; and

• (b) contain the name of the candidate; and

• (c) contain either—

  • (i) the name of the electoral district in respect of which the candidate is seeking election; or

  • (ii) the name of the political party on whose list the name of the candidate appears; and

• (d) contain the full name and address of the nominated witness; and

• (e) be signed by the candidate.

(3) On receipt of any nomination made under this regulation the Returning Officer shall approve or reject the nomination.

(4) The Returning Officer may at any time revoke his or her approval of the nomination of any witness if he or she has reason to believe that the witness is not complying with any duty imposed on the witness under these regulations.

(5) Where a nomination is rejected or revoked, the Returning Officer shall, upon request by the nominating candidate, inform the candidate of the reason for the rejection or revocation of the nomination.

(6) Subject to regulation 27(10), a person approved under this regulation and authorised by a candidate to witness, for the purposes of the election, declarations by special voters may witness the declaration of any special voter.

(1) The vote of an elector voting as a special voter shall be exercised in the manner prescribed by this regulation.

(2) Where the elector applies in person for a special vote, the Issuing Officer shall, after the completion of the declaration,—

• (a) place the declaration in the compartment of the envelope marked “Declaration”; and

• (b) after sealing the compartment of the envelope marked “Declaration”, hand to the elector—

  • (i) that envelope; and

  • (ii) a special ballot paper; and

  • (iii) any voting papers issued under any enactment.

(3) Where the elector does not apply in person for a special vote, the elector shall, after completing the declaration, place the declaration in the compartment of the envelope marked “Declaration”.

(3A) This subclause and subclause (3B) apply if both Parts 1 and 2 of form 17 are printed.

(3B) For the purposes of subclauses (2) and (4), an elector must complete only Part 1 of form 17 if the elector—

• (a) has been issued with a declaration in form 17; and

• (b) is not a special voter under regulation 22.

(4) When the declaration has, as the case may require, been dealt with as required by subclause (2) or subclause (3) or as required by subclauses (3) to (4) of regulation 22, the elector shall then alone and secretly—

• (a) mark the party vote portion of the ballot paper with a tick within the circle immediately after the name of the party for which the elector wishes to vote; and

• (b) mark the electorate vote portion of the ballot paper with a tick within the circle immediately before the name of the constituency candidate for whom the elector wishes to vote; and

• (c) mark any voting paper in accordance with the instructions on that voting paper.

(5) The ballot paper and any voting papers shall then be placed in the compartment of the envelope marked “BALLOT AND/OR VOTING PAPERS” and the compartment sealed.

(6) Where a special vote is recorded in a polling place, the envelope shall be deposited as an Issuing Officer directs either in the ballot box or in a receptacle specially provided for the votes of special voters, and every such envelope shall be deemed to have been received by the Issuing Officer for that polling place at the time when it was so deposited.

(7) Where a special vote is recorded otherwise than in a polling place, the envelope shall either—

• (a) be addressed to the Returning Officer for the district in respect of which the elector has voted, and posted or otherwise transmitted so as to reach that Returning Officer before the close of the poll; or

• (b) be addressed to any other Returning Officer or to any Issuing Officer, and posted or otherwise transmitted so as to reach that Returning Officer or Issuing Officer before the close of the poll.

(8) If the elector—

• (a) is wholly or partially blind; or

• (b) whether because of physical handicap or otherwise, is unable to read or write; or

• (c) has severe difficulty in reading or writing; or

• (d) is not sufficiently familiar with the English language to vote without assistance,—

he or she may vote in accordance with subclause (9) or subclause (10).

(9) If an elector to whom subclause (8) applies votes at a polling place, the provisions of section 170 of the Act shall apply with the necessary modifications.

(10) If an elector to whom subclause (8) applies votes otherwise than at a polling place, the witness to the declaration (who shall not be a person approved under regulation 26) shall—

• (a) assist the elector to mark the ballot paper and any voting papers; or

• (b) mark the ballot paper and any voting papers as instructed by the elector.

(1) Every person present when an elector is exercising a special vote shall comply with the foregoing provisions of this Part so far as they relate to that person.

(2) Subject to subclauses (8) to (10) of regulation 27, every person present when an elector is exercising a special vote—

• (a) shall refrain from looking at or becoming acquainted with the vote given by the elector; and

• (b) shall not in any way attempt to influence or interfere with the elector in the exercise of his or her vote; and

• (c) shall not allow any person—

  • (i) to see or become acquainted with the elector's vote; or

  • (ii) to assist the elector to vote; or

  • (iii) to interfere in any way with the elector in relation to his or her vote.

(1) Every envelope received before the close of the poll by a Returning Officer for a district other than that for which the vote was issued, or by any Issuing Officer or by the Electoral Commission must be marked with the official mark of that Officer or of the Electoral Commission, as the case may be.

(2) Any envelope received after the close of the poll shall be marked “Received after close of poll”, and shall be signed by the Returning Officer or Issuing Officer or an Electoral Commissioner (on behalf of the Electoral Commission), as the case may be, and marked with the official mark of that Officer or of the Electoral Commission.

Every Issuing Officer shall, either before or immediately after the close of the poll, deliver every envelope that appears to contain a special vote to the Returning Officer by whom the Issuing Officer was appointed and that Returning Officer shall immediately post or forward the envelope to the Returning Officer for the district for which the vote was issued.

(1) At the first opportunity, the Returning Officer for the district for which the vote was issued shall open the declaration compartment of the envelope and extract therefrom the declaration form.

(2) The Returning Officer must ensure that the declaration form and its envelope are marked with the same unique number.

(1) Notwithstanding anything in these regulations, if the Returning Officer has reason to believe that the declaration form in respect of any special vote is enclosed in the compartment that contains the ballot paper (being the compartment of the envelope marked “BALLOT AND/OR VOTING PAPERS”, the Returning Officer may open that compartment and extract the declaration form.

(2) In every such case the Returning Officer shall immediately reseal the compartment containing the ballot paper and the voting papers (if any) and shall do everything possible to preserve the secrecy of the ballot. Upon resealing the compartment the Returning Officer shall endorse on it the words “Opened pursuant to regulation 33”, and shall sign the endorsement.

(1) If any envelope appearing to contain a special vote for a Returning Officer's district is received by the Returning Officer later than 7 pm on the tenth day after polling day, the Returning Officer shall disallow the vote.

(2) If, after examining the envelope and the declaration form, the Returning Officer is satisfied that any special vote not disallowed under subclause (1)—

• (a) was not received before the close of the poll by an Issuing Officer, as provided by regulation 27(6) or regulation 27(7); or

• (b) in the case of a vote issued under Part 3, was not received as provided in regulation 50(1)(a), (b), or (c); or

• (c) in the case of a vote issued under Part 4, was not received either as provided in regulation 61(1) or (2), or in accordance with the requirements of the Electoral Commission under regulation 62,—

the Returning Officer shall disallow the vote.

(3) Where a Returning Officer disallows a vote under this regulation, the compartment containing the ballot and voting papers shall be left unopened and the Returning Officer shall set aside the envelope after having written across it and across the declaration form the words “Disallowed, received late”.

(1) The Returning Officer shall examine each declaration form in respect of a special vote (not being a special vote disallowed as having been received late) for the purpose of ascertaining whether the name stated in the declaration appears on the main roll or any supplementary roll for the district or the list of late enrolments supplied to the Returning Officer under regulation 12.

(2) If—

• (a) the name stated in the declaration appears on—

  • (i) the main roll or any supplementary roll for the district; or

  • (ii) the list of late enrolments supplied to the Returning Officer under regulation 12; or

• (b) the declaration is in form 19,—

the Returning Officer shall endorse the word “Qualified” on the declaration form.

(3) If the name stated in a declaration in form 17 or form 18 or form 21 does not appear on—

• (a) the main roll or any supplementary roll for the district; or

• (b) the list of late enrolments supplied to the Returning Officer under regulation 12,—

the Returning Officer shall, subject to subclause (4), forward the declaration form, at the first opportunity, to the Registrar of Electors.

(4) Nothing in subclause (3) requires a Returning Officer to forward a declaration form in accordance with that subclause if the Returning Officer believes that, even if the person named in the declaration were qualified to vote, the vote would be disallowed on grounds other than the person's qualification to vote.

(1) If a declaration form is forwarded to the Registrar of Electors under regulation 35(3), the Registrar of Electors must ascertain whether, in accordance with the information available to the Registrar of Electors, 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) For the purpose of carrying out the duty imposed on the Registrar of Electors by subclause (1) (but without limiting the nature of any other steps that the Registrar of Electors may take, or the information available to the Registrar of Electors that the Registrar of Electors may use, to carry out that duty), the Registrar of Electors—

• (a) shall ascertain whether the name stated in the declaration appears on the roll for the district:

• (b) shall 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, pursuant to regulation 21(6), on the declaration:

• (c) shall, where section 60(b) of the Act may be applicable, check the applications for registration received by the Registrar of Electors after writ day and before polling day:

• (d) shall, 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 preceding election, was duly registered as an elector of the district, or, where a change of boundaries has intervened, of some other district in which the person's then place of residence within the first-mentioned district 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 exists on the day before polling day:

• (f) 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.

(3) If the Registrar of Electors is satisfied that the name stated in the declaration is that of a person qualified to vote under section 60 of the Act, the Registrar of Electors shall endorse the word “Qualified” on the declaration, and shall then return it to the Returning Officer.

(3A) If the Registrar of Electors is satisfied that the name stated in the declaration is that of a person whose party vote may not be disallowed under section 178(5A) of the Act, the Registrar of Electors must endorse the words “Party vote qualified” on the declaration, and must then return the declaration to the Returning Officer.

(4) If the Registrar of Electors is not satisfied that the name stated in the declaration is that of a person who is qualified to vote or whose party vote may not be disallowed, the Registrar of Electors shall endorse the words “Not qualified” on the declaration, and shall then return it to the Returning Officer.

(1) Where the words “Not qualified” have been endorsed, pursuant to regulation 36(4), on a declaration, the Returning Officer shall disallow the vote of the elector stated in the declaration form.

(1A) If the words “Party vote qualified” have been endorsed, under regulation 36(3A), on a declaration, the Returning Officer must allow the party vote, but disallow the electorate vote, of the elector stated in the declaration form unless the Returning Officer is required to disallow the party vote in accordance with subclause (3) or subclause (4).

(2) Where a declaration has, pursuant to regulation 35(2) or regulation 36(3), been endorsed with the word “Qualified”, the Returning Officer shall allow the vote of the elector named in the declaration unless the Returning Officer is required to disallow the vote in accordance with subclause (3) or subclause (4).

(3) If a declaration of the kind mentioned in subclause (1A) or subclause (2) does not indicate the ground or grounds on which a special vote is claimed, the Returning Officer shall disallow the vote of the elector stated in the declaration except in any case where—

• (a) the elector's name does not appear on the main roll or any supplementary roll for the district or has been wrongly deleted from any such roll; or

• (b) the official mark of the Issuing Officer witnessing the declaration and the date shown on the declaration indicate that the declaration was made on polling day outside the electoral district.

(4) If a declaration of the kind mentioned in subclause (1A) or subclause (2) is not signed both by the declarant and by a witness authorised by or under these regulations to witness the declaration, the Returning Officer shall disallow the vote of the elector stated in the declaration:

provided that where—

• (a) the declaration is signed by the declarant; and

• (b) either—

  • (i) no person has signed the declaration form as a witness; or

  • (ii) a person other than a person authorised by or under these regulations to witness the declaration has signed the declaration as a witness,—

the Returning Officer shall not disallow the vote if the Returning Officer is satisfied that the declarant signed the declaration in the presence of a person authorised by or under these regulations to witness the declaration.

(5) Where a Returning Officer disallows a vote under this regulation, the Returning Officer shall endorse on the envelope and on the declaration form the words “Disallowed, not qualified”, or on the declaration the words “Disallowed, declaration not in order”, as the case may require.

(6) The Returning Officer shall not disallow the vote of an elector on the ground that the elector has failed to show his or her date of birth or former names in a declaration (being a declaration of the kind mentioned in subclause (2)).

(1) If a Returning Officer allows a vote under regulation 37(2), that Returning Officer must identify the envelope with the declaration form when the vote is allowed and must place the envelope in a box specially set aside for the purpose.

(2) If a Returning Officer allows a party vote under regulation 37(1A), that Returning Officer must identify the envelope with the declaration form when the party vote is allowed and must place the envelope in a box specially set aside for the purpose.

(3) The boxes referred to in subclauses (1) and (2) must be boxes that can be securely closed.

The Returning Officer shall hold for production at the scrutiny of the rolls under section 175 of the Act all declaration forms returned to the Returning Officer under regulation 36 together with those retained by the Returning Officer under regulation 35 and those in respect of special votes that have been disallowed as having been received late.

After the scrutiny of the rolls, the Returning Officer shall make up into separate parcels—

• (a) all declaration forms:

• (b) all disallowed envelopes in respect of which the compartment containing the ballot paper and the voting papers (if any) has not been opened.

Subject to regulation 33, the ballot and voting paper compartments of the envelopes placed, in accordance with regulation 38, in boxes that can be securely closed shall not be opened until the official count conducted under section 178 of the Act, and shall then be opened in the presence of such scrutineers as choose to be present.

After the votes have been recorded at the official count and after any recount has been disposed of, the Returning Officer shall forward to the Clerk of the House of Representatives, with the ordinary ballot papers and voting papers, the parcels referred to in regulation 40.

(1) For the purpose of taking the votes of persons outside New Zealand, the Electoral Commission or some person authorised by the Electoral Commission in that behalf shall appoint such Overseas Returning Officers as the Electoral Commission or the person so authorised thinks necessary.

(2) The Electoral Commission or some person authorised by the Electoral Commission in that behalf shall, where the election is a general election being conducted in accordance with the Act, forward to every Overseas Returning Officer—

• (a) copies of the ballot papers printed in accordance with regulation 17(2); and

• (b) a copy of the party list required by regulation 18 to be sent to each Returning Officer.

(3) The Electoral Commission or some person authorised by the Electoral Commission in that behalf shall, where the election is a by-election, forward to every Overseas Returning Officer, copies of the ballot paper printed in accordance with regulation 17(3).

(4) Every Overseas Returning Officer shall arrange for votes to be taken at such places and appoint such Overseas Issuing Officers as the Overseas Returning Officer thinks necessary.

(5) An Overseas Returning Officer may exercise all the powers and functions of an Overseas Issuing Officer.

Every Overseas Returning Officer and Overseas Issuing Officer shall, before entering on the duties of his or her office, make and subscribe before a Commonwealth representative, a permanent officer in the service of the Government of New Zealand, an Overseas Returning Officer (or in the case of an Overseas Issuing Officer, another Overseas Issuing Officer), a medical practitioner, a minister of religion, a solicitor or attorney, a notary public, a Justice of the Peace, or an officer of the naval, military, or air forces of New Zealand or before such other person as is approved for the purpose by the Electoral Commission, a declaration in form 1 of Schedule 2 of the Act.

(1) Following—

• (a) the close of nominations; and

• (b) the receipt by any Overseas Returning Officer or Overseas Issuing Officer of—

  • (i) in the case of a general election the copies forwarded under regulation 43(2); or

  • (ii) in the case of a by-election, the copies forwarded under regulation 43(3),—

the Overseas Returning Officer or Overseas Issuing Officer may, subject to regulation 46, issue special ballot papers and special voting papers to electors of any electoral district in accordance with Part 2 at any time before 4 pm local time on the day before polling day.

(2) Notwithstanding subclause (1)—

• (a) the declaration form issued to a member of the Defence Force relying upon section 60(f) of the Act shall be in form 20; and

• (b) the declaration issued to other electors who are outside New Zealand (including members of the Defence Force not relying upon section 60(f) of the Act although entitled to do so) shall be in form 21.

(1) As soon as reasonably practicable after the close of nominations and at any time before the close of the poll, the Electoral Commission may issue special ballot papers and special voting papers electronically to persons outside New Zealand who are,—

• (a) in the case of a general election, electors of any electoral district; or

• (b) in the case of a by-election, electors of the electoral district in which the by-election is to be or is being held.

(2) The special ballot paper issued under subclause (1) must—

• (a) be in form 14 or, as the case may be, form 15; and

• (b) have inserted, in the space provided for a declaration number, the consecutive number printed on the declaration.

(3) The declaration form issued with the special ballot paper under subclause (1) must be in form 21.

(4) The following provisions apply, with any necessary modifications, to the issue of special ballot papers and special voting papers under this regulation:

• (a) regulation 17:

• (b) regulation 21(4):

• (c) regulation 21(5)(a)(iii) and (iv).

(5) A copy of the official mark of the Electoral Commission must be present on ballot papers and declarations issued under this regulation.

(6) For the purposes of this regulation, special ballot papers and special voting papers are issued electronically if the special ballot papers and special voting papers are able to be—

• (a) accessed by electronic means, including (without limitation) by means of remote log-on access; and

• (b) readily inspected and reproduced in a useable form.

(1) The officer commanding every unit comprising members of the Defence Force shall afford all necessary facilities for members of the Defence Force to cast their votes in accordance with this Part so far as may be done consistently with the proper performance of their duties.

(2) Where any member of the Defence Force is in a hospital, sanatorium, or other institution, that member of the Defence Force shall for the purposes of these regulations be deemed to be a member of the unit under the command of the officer in charge of the hospital, sanatorium, or other institution.

(3) [Revoked]

(4) A person to whom subclause (3) applies shall be deemed to have complied with the requirements of that subclause if that person's name is included in a certificate in the required terms that is delivered to the Issuing Officer by the officer commanding that person's unit.

(5) Every person who knowingly and wilfully makes a false statement for the purpose of voting under section 60(f) of the Act, or who votes under that provision when that person has already received a ballot paper for the same election, shall be liable on summary conviction or on conviction by the Court Martial to a fine not exceeding $1,000.

(6) Every Issuing Officer shall, where possible, be supplied with a sufficient number of ballot papers, envelopes, forms and all other materials for taking the votes of any members of the Defence Force who apply to that Issuing Officer.

(7) Following—

• (a) the close of nominations; and

• (b) the receipt by the Issuing Officer of—

  • (i) in the case of a general election, the copies forwarded under regulation 43(2); and

  • (ii) in the case of a by-election, the copies forwarded under regulation 43(3),—

the votes of members of the Defence Force comprised in any unit may be cast at any convenient time or times before 4 pm local time on the day before polling day and, as far as practicable, notice shall be given of the day appointed for the closing of the poll.

(1) Any person to whom special ballot papers and special voting papers are issued under regulation 45 or regulation 45A may, after voting in the manner prescribed for special voters by Part 2, either—

• (a) post an envelope containing the declaration form and ballot paper and voting papers (if any) to a Returning Officer or the Electoral Commission in New Zealand; or

• (b) deliver or post an envelope containing the declaration form and the ballot paper and voting papers (if any) to an Overseas Returning Officer.

(2) If a declaration form and ballot paper and voting papers (if any) are posted to the Electoral Commission in an envelope under subclause (1)(a), an Electoral Commissioner, on behalf of the Electoral Commission, or other authorised person must—

• (a) mark the envelope with the official mark of the Electoral Commission or of the authorised person; and

• (b) post or deliver the envelope to the Returning Officer for the district for which the vote was issued.

(1) Any elector to whom special ballot papers and any special voting papers are issued under regulation 45 or regulation 45A may, after voting in the manner prescribed for special voters,—

• (a) if applicable, remove any gummed paper that is fixed over the consecutive number on the ballot paper or any voting paper; and

• (b) forward the ballot paper, any voting papers, and the declaration to the Electoral Commission by facsimile.

(2) Regulation 63 applies, with all necessary modifications, to ballot papers, voting papers, and declarations forwarded by facsimile.

(1) On receipt of any envelope that is addressed to a Returning Officer in New Zealand and that appears to contain a special vote, the Overseas Returning Officer must mark the envelope with his or her official mark.

(1A) Any envelope received after the close of the poll must—

• (a) be marked “Received after close of poll”; and

• (b) be signed by the Overseas Returning Officer and marked with his or her official mark.

(2) He or she shall forthwith arrange for the posting or forwarding, either directly or through the Ministry of Foreign Affairs and Trade, of every such envelope by the quickest means of transport to the Returning Officer to whom it is addressed.

(3) Where the Ministry of Foreign Affairs and Trade receives an envelope under subclause (2), that Ministry shall post or forward the envelope to the Returning Officer to whom it is addressed without adding a further endorsement under subclause (1).

(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; and

  • (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.

(1) This regulation shall apply to every envelope appearing to contain a special vote issued under this Part which is—

• (a) received by a Returning Officer or the Electoral Commission in New Zealand before the close of the poll; or

• (b) received by a Returning Officer in New Zealand after the close of the poll but not later than 7 pm on the tenth day after polling day, and endorsed as having been received by an Overseas Returning Officer or an Overseas Issuing Officer before 4 pm local time on the day before polling day; or

• (c) received by a Returning Officer in New Zealand after the close of the poll but not later than 7 pm on the tenth day after polling day, and endorsed as having been received by the Electoral Commission before the close of the poll.

(2) The Returning Officer for the district in respect of which the vote was issued shall open the declaration compartment of the envelope and extract the declaration form and thereafter the provisions of regulations 32 to 42 shall apply:

provided that where the declaration is in form 20 the Returning Officer shall not forward the declaration to the Registrar of Electors but shall, forthwith after extracting the declaration form pursuant to this regulation, securely attach the envelope to the declaration form and take the action prescribed in regulation 52.

(1) This regulation shall apply to every envelope appearing to contain a special vote issued under this Part to which regulation 50 does not apply.

(2) The Returning Officer for the district in respect of which the vote was issued shall extract the declaration form, and shall disallow the vote and set the envelope aside without opening the compartment marked “BALLOT AND/OR VOTING PAPERS”, after having written across the envelope, and across the declaration form, the words “Disallowed, received late”, and thereafter the provisions of regulations 32 to 42 shall apply.

Where a declaration referred to in regulation 50 is in form 20, the Returning Officer shall allow the vote if the declaration is signed by the declarant and by the witness and the Returning Officer is satisfied that the declaration establishes the declarant's right to vote for the Returning Officer's district at that election, but otherwise the Returning Officer shall disallow the vote:

provided that the Returning Officer shall allow the vote if the Returning Officer is satisfied that the declarant signed the declaration before a witness but the witness omitted to sign.

This Part applies to—

• (a) special voters on Tokelau, Campbell Island, Raoul Island, and the Ross Dependency; and

• (b) special voters on fishing vessels not scheduled to return to port during the period beginning with the close of nominations and ending with the close of the poll; and

• (c) special voters who—

  • (i) are overseas during the period between nomination day and polling day; and

  • (ii) by reason of their remote location, have had no access at any time during that period to special voting facilities other than those provided by this Part.

The Electoral Commission may approve an application made by a special voter to whom this Part applies for ballot papers to be issued to that voter by—

• (a) post; or

• (b) if by post is impracticable, facsimile; or

• (c) if no facsimile machine is available, dictation.

The Electoral Commission may appoint an Issuing Officer for the issuing of ballot papers to special voters to whom this Part applies.

(1) The Electoral Commission must send to each special voter whose application for the issue of ballot papers is approved under regulation 54 and to each Issuing Officer appointed under regulation 55,—

• (a) in the case of a general election,—

  • (i) a copy or copies, as may be appropriate, of the ballot paper printed in accordance with regulation 17(2)(a); and

  • (ii) a copy of the party list required by regulation 18; and

  • (iii) a copy or copies, as may be appropriate, of the declarations in form 19 or form 20 or form 21 that may be required; and

• (b) in the case of a by-election,—

  • (i) a copy or copies, as may be appropriate, of the ballot paper printed in accordance with regulation 17(2)(b); and

  • (ii) a copy or copies, as may be appropriate, of the declarations in form 19 or form 20 or form 21 that may be required.

(2) However, if it appears to the Electoral Commission that the copies of the papers referred to in subclause (1) may not reach the special voter or Issuing Officer within the time allowed for the issue of special votes, the Electoral Commission must—

• (a) require each Issuing Officer to advise the Electoral Commission, in relation to the island or territory or remote location or the fishing boat in respect of which the Issuing Officer is appointed, of the addresses of the places of residence of electors who are qualified to vote; and

• (b) in the case of a general election, forward by facsimile to the special voter or Issuing Officer, in relation to the electoral district in which those places of residence are situated,—

  • (i) a copy or copies, as may be appropriate, of the ballot papers for those electoral districts; and

  • (ii) any of the names of the candidates on each party list (not being a list rejected under section 128 of the Act) that the Electoral Commission considers practicable and the order of preference in which those names are listed; and

  • (iii) a copy or copies, as may be appropriate, of the declarations in form 19 or form 20 or form 21 that may be required; and

• (c) in the case of a by-election where any of the places of residence are situated in the electoral district in which the by-election is being held, forward, by facsimile to the special voter or Issuing Officer,—

  • (i) a copy or copies, as may be appropriate, of the ballot paper for that district; and

  • (ii) a copy or copies, as may be appropriate, of the declarations in form 19 or form 20 or form 21 that may be required.

Every Issuing Officer must, before acting in that capacity, make a declaration in form 1 of Schedule 2 of the Act before any of the following persons:

• (a) a permanent officer in the Government of New Zealand; or

• (b) another Issuing Officer; or

• (c) a medical practitioner; or

• (d) a minister of religion; or

• (e) a solicitor or attorney; or

• (f) a notary public; or

• (g) a Justice of the Peace; or

• (h) any other person approved for the purpose by the Electoral Commission.

(1) An Issuing Officer may issue ballot papers, special voting papers, and declaration forms to electors of any electoral district after—

• (a) the close of nominations; and

• (b) the receipt by the Issuing Officer of,—

  • (i) in the case of a general election, the copies forwarded under regulation 56(1)(a) or (2)(b); or

  • (ii) in the case of a by-election, the copies forwarded under regulation 56(1)(b) or (2)(c).

(2) The issue of ballot papers, special voting papers, and declaration forms must be—

• (a) in accordance with Part 2; and

• (b) completed before 4 pm New Zealand time on the Thursday before polling day.

(3) An elector must be issued with a consent form in form 22 if his or her vote is to be forwarded by facsimile by the Issuing Officer.

After voting in the manner prescribed for special voters by Part 2, any special voter may,—

• (a) in the case of a special voter to whom special ballot papers and special voting papers are issued under regulation 56, post or forward an envelope containing the special ballot papers and special voting papers (if any) to the Returning Officer for the district in respect of which the voter has voted; or

• (b) in the case of a special voter to whom special ballot papers and special voting papers are issued under regulation 58, either—

  • (i) post or forward an envelope containing the special ballot papers and special voting papers (if any) to the Returning Officer for the district in respect of which the voter has voted; or

  • (ii) deliver an envelope containing the special ballot papers and special voting papers (if any) to the Issuing Officer, together with form 22 (which must be attached to the envelope) if the voter has completed that form.

(1) On receipt of any envelope that is addressed to a Returning Officer and that appears to contain a special vote, the Issuing Officer must—

• (a) endorse on the envelope particulars of the place at which, and the time and date on which, he or she receives the envelope; and

• (b) add his or her initials and official mark on the envelope.

(2) After completing the tasks set out in subclause (1), the Issuing Officer must immediately post or forward every envelope that appears to contain a special vote to the Returning Officer to whom it is addressed unless the contents of the declaration and the ballot paper contained in the envelope are forwarded by facsimile in accordance with regulation 61.

(3) For the purposes of regulations 34, 46, 50, and 51, every special vote contained in an envelope posted or forwarded under regulation 59(a) or subclause (2) must be treated as having been issued under Part 3.

(1) Any special voter to whom this Part applies may, after voting in the manner prescribed for special voters by Part 2,—

• (a) remove any gummed paper that is fixed over the consecutive number on the ballot paper or any voting paper; and

• (b) forward the ballot paper, any voting papers, and the declaration to the Electoral Commission by facsimile before the close of poll.

(2) If an Issuing Officer appointed to act under this Part considers that it is doubtful whether an envelope containing a special vote will reach the Returning Officer within the time specified by regulation 34(1), the Issuing Officer must, if a completed consent form in form 22 is attached to that envelope, deal with that envelope in accordance with this regulation.

(3) If the Issuing Officer is satisfied that no other person is present at the facsimile transmission area, the Issuing Officer must, before the close of the poll, take each envelope required to be dealt with under this regulation and must—

• (a) extract the declaration form from the declaration compartment of each envelope, write the consecutive number from the declaration form on to the outside of that envelope, and forward those declarations by facsimile to the Electoral Commission; and

• (b) replace each declaration in the declaration compartment of the corresponding envelope, together with the consent form in form 22; and

• (c) extract the ballot paper and any voting papers from the compartments of each of the envelopes marked “BALLOT AND/OR VOTING PAPERS”, remove the piece of gummed paper covering the consecutive number on the ballot paper and any voting papers, and forward the ballot paper and any voting papers to the Electoral Commission by facsimile; and

• (d) replace the ballot paper and any voting papers in the compartment of the corresponding envelope marked “BALLOT AND/OR VOTING PAPERS”; and

• (e) reseal both compartments of the envelope; and

• (f) endorse on the envelope the words “Opened and forwarded by facsimile under Part 4 of the Electoral Regulations 1996”, and sign and date that endorsement.

(1) The Electoral Commission may approve an application from any special voter to whom this Part applies for that voter to vote by dictation if there is no facsimile machine available for the use of that voter or the Issuing Officer.

(2) The Electoral Commission must make any arrangements that the Electoral Commission considers to be necessary for the issue and receipt of special votes by dictation, including,—

• (a) to the extent possible, arrangements to preserve the secrecy of the ballot; and

• (b) arrangements for the votes to be made by—

  • (i) radio telephone; or

  • (ii) any other means that the Electoral Commission may approve.

(3) A special vote by dictation must be received by the Electoral Commission by 4 pm New Zealand time on the Thursday before polling day.

If the Electoral Commission or an authorised person receives ballot papers, voting papers, and declarations by facsimile transmission in accordance with regulation 47A or regulation 61, an Electoral Commissioner, on behalf of the Electoral Commission, or the authorised person must—

• (a) ensure that particulars of the time and date of receipt of the ballot papers, voting papers, and declarations at the Electoral Commission are endorsed on those papers; and

• (b) after taking all reasonable steps to preserve the secrecy of the ballot, place the ballot paper, any voting papers, and the declaration form in the appropriate compartments of a special voter envelope; and

• (c) mark the envelope with the official mark of the Electoral Commission or of the authorised person, as the case may be, and post or deliver it to the Returning Officer for the district for which the vote was issued.

If the Returning Officer receives an envelope that appears to contain a copy of a special vote for the Returning Officer's district produced in accordance with regulation 63, the Returning Officer must open the declaration form and the provisions of regulations 32 to 42 apply accordingly as if—

• (a) the copy of the declaration were the original application; and

• (b) the envelope had been received by an Issuing Officer.

(1) Immediately after polling day for a general election, the Issuing Officer must—

• (a) make up into separate parcels—

  • (i) all unused ballot papers and all unused voting papers and all unused declarations in form 19 or form 20 or form 21; and

  • (ii) all spoilt ballot papers and all spoilt voting papers and all spoilt declarations in form 19 or form 20 or form 21; and

  • (iii) any other papers; and

  • (iv) all envelopes dealt with in accordance with regulation 61(3); and

• (b) mark each parcel made up under paragraph (a) to show the nature of its contents; and

• (c) post or forward the parcels to the Electoral Commission as soon as practicable.

(2) Immediately after polling day for a by-election, the Issuing Officer must—

• (a) retain in secure storage all unused ballot papers and voting papers and all other unused papers held by the Issuing Officer for the purposes of the Act; and

• (b) make up into separate parcels—

  • (i) all unused ballot papers and all unused declarations in form 19 or form 20 or form 21; and

  • (ii) all spoilt ballot papers and all spoilt declarations in form 19 or form 20 or form 21; and

  • (iii) any other papers; and

  • (iv) all envelopes dealt with in accordance with regulation 61(3); and

• (c) mark each parcel made up under paragraph (b) to show the nature of its contents; and

• (d) post or forward the parcels to the Electoral Commission as soon as practicable.

(3) An Electoral Commissioner, on behalf of the Electoral Commission, must—

• (a) enclose in 1 or more parcels the parcels received by the Electoral Commission in accordance with this regulation (except the parcels containing only unused papers); 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.

(4) The Clerk of the House of Representatives must immediately give or send to the Electoral Commission a signed receipt for the parcels.

(1) During the hours of polling, any scrutineer in a polling place may from time to time, from information supplied by the manager of a polling place, prepare lists or marked copies of the roll to show the names and roll numbers of persons who have voted, and send any such list or copy out of the polling place.

(2) Any person may from time to time enter any polling place for the purpose of receiving and taking away any such list or copy. No such person shall—

• (a) communicate with any voter in the polling place; or

• (b) communicate with any scrutineer in the polling place except for the purpose of receiving and taking away any such list or copy.

(3) Nothing in this regulation affects the duties or powers of the manager of a polling place under section 194 of the Act.

(1) Interpreters designated under section 158(3)(b) of the Act are under the directions of the manager of the polling place.

(2) Where it appears to a Returning Officer that an elector is unfamiliar with the English language, the Returning Officer shall, before calling on an interpreter, if present, for assistance, draw to the elector's attention a poster containing instructions, both in English and in languages other than English, on how to vote, which poster shall, for that purpose, be prominently displayed in a convenient position in each polling place.

(3) If—

• (a) no such poster is available; or

• (b) the elector, having had the poster drawn to the elector's attention, still requires assistance because of the elector's lack of familiarity with the English language,—

the Returning Officer shall call on an interpreter, if present, to assist.

(4) The Returning Officer shall, upon request by a candidate, supply the names of any interpreters appointed by the Returning Officer and the polling places in respect of which they have been appointed.

Where any form prescribed by or referred to in these regulations is not available, a form may be improvised, and if the intention is clear it shall be accepted for all purposes under these regulations.

Every person commits an offence and shall be liable on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months who—

• (a) improperly obtains or retains a special ballot paper or voting paper, or makes a false statement for the purpose of obtaining a special ballot paper or voting paper or who persuades or induces, or associates himself or herself with any person in persuading or inducing, any person to make such a false statement; or

• (b) being a person to whom an envelope containing or purporting to contain a special ballot paper is entrusted by a voter for the purpose of posting or delivering it to a Returning Officer or Issuing Officer, fails forthwith to post or deliver the envelope; or

• (c) in any manner delays the posting or delivery of any envelope containing or purporting to contain a special ballot paper; or

• (d) makes a false statement or declaration for the purposes of these regulations in relation to special voting; or

• (e) acts in contravention of or fails to comply in any respect with any of the provisions of these regulations relating to special voting.

The fees prescribed by these regulations are inclusive of goods and services tax under the Goods and Services Tax Act 1985.

The regulations specified in Schedule 2 are hereby revoked.