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Act Repealed Latest version as at 23 December 1977 (as enacted) | 1977 No 128

Electoral Amendment Act 1977

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Act Repealed Latest version as at 23 December 1977 (as enacted) | 1977 No 128

Electoral Amendment Act 1977

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Electoral Amendment Act 1977

Public Act
  
1977 No 128
Date of assent
  
23 December 1977
 

Contents

An Act to amend the Electoral Act 1956

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title

This Act may be cited as the Electoral Amendment Act 1977, and shall be read together with and deemed part of the Electoral Act 1956 (hereinafter referred to as the principal Act).

2 Public servants becoming candidates

Section 30(3) of the principal Act is hereby amended by omitting from the proviso (as added by section 10 of the Electoral Amendment Act 1975) the words “a teacher at any school or” and also the words “school or” where they secondly occur.

3 Meaning of “ordinarily resident in New Zealand”

(1)

Section 38 of the principal Act is hereby amended by repealing the proviso to paragraph (b).

(2)

Section 38 of the principal Act is hereby further amended by adding, as subsections (2) and (3), the following subsections:

“(2)

A public servant who is outside New Zealand in the course of his duties and any person accompanying him, being his spouse or his child or his spouse’s child, shall be deemed to be ordinarily resident in New Zealand for the purposes of this Act.

“(3)

Notwithstanding anything in paragraph (b) of subsection (1) of this section, any person (other than a person to whom subsection (2) of this section applies) who has been outside New Zealand continuously for more than 3 years shall be deemed not to be ordinarily resident in New Zealand.”

4 Qualification of electors

(1)

Section 39(1) of the principal Act (as amended by section 16(2) of the Electoral Amendment Act 1975) is hereby amended by omitting from paragraph (d) and also from paragraphs (e) and (f) the words “1 month” wherever they occur, and substituting in each case the words “3 months”.

(2)

Section 57(1)(c) of the principal Act (as amended by section 16(4) of the Electoral Amendment Act 1975) is hereby amended by omitting the words “1 month”, and substituting the words “3 months”.

(3)

Section 16 of the Electoral Amendment Act 1975 is hereby consequentially amended by repealing subsections (2) and (4).

5 Disqualifications for registration

Section 42(1) of the principal Act is hereby amended by adding the following paragraph:

“(d)

Persons detained pursuant to convictions in any penal institution.”

6 Advertisement of nominations and polling places

(1)

Section 84 of the principal Act is hereby amended by repealing subsection (4) (as added by section 32 of the Electoral Amendment Act 1975).

(2)

Section 32 of the Electoral Amendment Act 1975 is hereby consequentially repealed.

7 Who may vote

(1)

Section 99 of the principal Act is hereby amended by repealing paragraph (f) (as added by section 37 of the Electoral Amendment Act 1975).

(2)

Section 37 of the Electoral Amendment Act 1975 is hereby consequentially repealed.

8 Maximum amount of election expenses

(1)

Section 139(1) of the principal Act (as amended by section 40(1) of the Electoral Amendment Act 1975) is hereby amended by omitting the expression “$2,000”, and substituting the expression “$4,000”.

(2)

Section 40 of the Electoral Amendment Act 1975 is hereby consequentially repealed.

9 Use of loudspeakers

(1)

The principal Act is hereby amended by repealing section 144a (as inserted by section 42 of the Electoral Amendment Act 1975).

(2)

Section 42 of the Electoral Amendment Act 1975 is hereby consequentially repealed.

10 Advertisements for candidates

The principal Act is hereby amended by inserting, after section 147, the following section:

“147a

“(1)

No person shall publish or cause or permit to be published in any newspaper, periodical, poster, or handbill, or broadcast or cause or permit to be broadcast over any radio or television station, any advertisement used or appearing to be used to promote or procure the election of any candidate at an election unless—

“(a)

The publication of that advertisement is authorised in writing by the candidate or, in the case of an advertisement relating to more than one candidate, the candidates or the party to which they belong; and

“(b)

The advertisement contains a statement setting out the true name of the person for whom or at whose direction it is published and the address of his place of residence or business.

“(2)

The cost of every advertisement used or appearing to be used to promote or procure the election of a candidate forms part of the election expenses of that candidate, if, and only if,—

“(a)

It relates solely to that candidate as a candidate for a particular electoral district; and

“(b)

It is published or broadcast—

“(i)

By him; or

“(ii)

With his authority.

“(3)

Every person is guilty of an illegal practice who wilfully contravenes any provision of subsection (1) of this section.

“(4)

A candidate shall not be liable for an illegal practice under this section committed by an agent without the consent or connivance of the candidate.

“(5)

Nothing in this section shall restrict the publication of any news or comments relating to an election in a newspaper or other periodical or in a radio or television broadcast made by the Broadcasting Corporation of New Zealand or other holder of a warrant under the Broadcasting Act 1976.”

This Act is administered in the Department of Justice.
Act Repealed Latest version as at 23 December 1977 (as enacted)

Electoral Amendment Act 1977

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