(1) For the purposes of this Act, there is hereby established a Commission to be called the Electoral Commission.

(2) [Repealed]

(1) The Electoral Commission is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

(2) The Crown Entities Act 2004 applies to the Electoral Commission except to the extent that this Act expressly provides otherwise.

The principal functions of the Electoral Commission shall be—

• (a) To carry out such duties in relation to the registration of political parties and political party logos as are prescribed by Part 4 of this Act:

• (b) To supervise political parties' compliance with the financial disclosure requirements of this Act:

• (ba) To carry out such duties in relation to Parliamentary election programmes as are prescribed by Part 6 of the Broadcasting Act 1989:

• (c) To supervise political parties' compliance with the requirements of this Act relating to the filing of returns of election expenses:

• (d) To promote public awareness of electoral matters by means of the conduct of education and information programmes or by other means:

• (e) To consider and report to the Minister or to the House of Representatives on electoral matters referred to the Electoral Commission by the Minister or the House of Representatives.

(1) [Repealed]

(2) The Commission shall have the power—

• (a) To initiate, sponsor, and carry out such studies and research as the Commission thinks necessary for the proper discharge of its functions:

• (aa) To make such inquiries as the Commission thinks necessary for the proper discharge of its functions:

• (b) To publicise, in such manner as the Commission thinks fit, such parts of the Commission's work as the Commission thinks necessary for the proper discharge of the Commission's functions, and to consult with any persons or classes of persons:

• (c) To request advice, assistance, and information from any Government department or any State enterprise within the meaning of the State-Owned Enterprises Act 1986.

(3) Subsection (2) does not limit sections 16 and 17 of the Crown Entities Act 2004.

The Electoral Commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—

• (a) this Act; and

• (b) any other Act that expressly provides for the functions, duties, or powers of the Electoral Commission (other than the Crown Entities Act 2004).

(1) The Electoral Commission shall consist of—

• (a) The Secretary for Justice:

• (b) The Chief Judge of the Maori Land Court:

• (c) One person who shall be appointed by the Governor-General:

• (d) One person who shall be—

  • (i) A Judge of the District Court or of the High Court or of the Court of Appeal or of the Supreme Court; or

  • (ii) A retired Judge of any of the Courts specified in subparagraph (i) of this paragraph.

(2) The person who holds office under subsection (1)(d) of this section shall be appointed from a list of 3 persons nominated for the purpose by the Chief Justice, and shall be appointed as the President of the Commission.

(2A) The person who holds office under subsection (1)(d) is also the chairperson of the Commission, despite clause 1(2) of Schedule 5 of the Crown Entities Act 2004.

(2B) The members of the Commission are the board for the purposes of section 10 of the Crown Entities Act 2004.

(3) The person who holds office under section 8(1)(c) is the chief executive of the Commission.

(3A) That person is not an employee of the Commission, despite section 10 of the Crown Entities Act 2004.

(4) The Electoral Commission shall, for the purposes of its jurisdiction under sections 69 to 80 of the Broadcasting Act 1989, consist of—

• (a) The members who hold office under subsection (1) of this section; and

• (b) Two persons (not being public servants directly connected with the administration of this Act or the Broadcasting Act 1989 or members of the House of Representatives), who shall be appointed by the Governor-General on the nomination of the House of Representatives, as members of the Electoral Commission, one of those members being nominated to represent the Government and one to represent Opposition parties.

(5) For the purposes of its jurisdiction under section 80A of the Broadcasting Act 1989, the Electoral Commission consists only of the members who hold office under subsection (1).

The appointment of a Judge as a member of the Electoral Commission, or service by a Judge as a member of the Commission, does not affect the Judge's tenure of the judicial office or the Judge's rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as a Judge (including those in relation to superannuation) and, for all purposes, the Judge's services as a member shall be taken to be service as a Judge.

(1) [Repealed]

(1A) A member of the Electoral Commission appointed under section 8(4)(b) holds office for 12 months or any shorter period stated in the notice of appointment, despite section 32(1)(b) of the Crown Entities Act 2004.

(2) [Repealed]

(3) Section 32(3) of the Crown Entities Act 2004 does not apply to a member of the Electoral Commission appointed under section 8(4)(b).

(1) A member of the Electoral Commission appointed under section 8(4)(b) may be removed for just cause by the Governor-General acting upon an address from the House of Representatives.

(2) Just cause—

• (a) includes misconduct, inability to perform the functions of office, and neglect of duty; but

• (b) excludes breach of any of the collective duties of the board or the individual duties of members (unless the act or omission that constitutes the breach comes within paragraph (a)).

(3) Section 39 of the Crown Entities Act 2004 does not apply to that member.

(1) In this section, appointed member means a member of the Electoral Commission who has been appointed under section 8(1)(c) or section 8(1)(d) or section 8(4)(b).

(2) An appointed member may appoint any person as the deputy of the member.

(3) The member who is the Secretary for Justice may appoint as the deputy of that member an employee of the Ministry of Justice.

(4) The member who is the Chief Judge of the Maori Land Court may appoint as the deputy of that member the Deputy Chief Maori Land Court Judge.

(5) Every appointment of a deputy—

• (a) must be in writing; and

• (b) must be signed by the member making the appointment.

(1) A deputy appointed by a member of the Electoral Commission under section 11A may exercise the powers conferred on that member by this Act during any period when that member is incapacitated by illness, absence from New Zealand, or other sufficient cause from performing the duties of his or her office.

(2) The deputy of the member who holds office as the President of the Electoral Commission has, in addition, authority to act as President of the Commission during any period when the President of the Commission is incapacitated by illness, absence from New Zealand, or other sufficient cause from performing the duties of his or her office.

(3) A member of the Electoral Commission may, at any time, revoke the appointment of his or her deputy.

(4) [Repealed]

The provisions of Schedule 1 to this Act shall have effect in relation to the Electoral Commission and its proceedings.

There shall from time to time be appointed under the State Sector Act 1988 some fit person to be Chief Electoral Officer, who shall be an employee of the Department of Justice and, under the direction of the Minister and of the Secretary for Justice, shall be charged with the duty of carrying the provisions of this Act (except those of Parts 4 and 5) into effect.

There may also from time to time be appointed under the State Sector Act 1988 some fit person to be Deputy Chief Electoral Officer, who, subject to the control of the Chief Electoral Officer, shall have and may exercise all the powers, duties, and functions of the Chief Electoral Officer.

There may be appointed under the State Sector Act 1988 as many electoral officials as are required for the conduct of elections under this Act.

(1) The Chief Electoral Officer may give oral or written directions to all or any electoral officials.

(2) Every electoral official must exercise or perform his or her powers, duties, and functions in accordance with any directions given by the Chief Electoral Officer.

For every election to be held in a district, the Chief Electoral Officer must, by notice in writing, designate an electoral official as the Returning Officer for the district.

(1) The Chief Electoral Officer and every Returning Officer may each delegate any of his or her respective powers, duties, and functions (other than this power of delegation) to an electoral official.

(2) The maker of the delegation—

• (a) must make the delegation in writing and sign it; and

• (b) may make the delegation subject to any conditions or limits or both.

(3) The maker of the delegation may revoke at any time, by written notice to the delegate, any delegation made under this section.

(4) Every person to whom a power, duty, or function is delegated under this section may exercise or perform the power, duty, or function in the same manner and with the same effect as the maker of the delegation could himself or herself have exercised or performed it.

(5) Every person purporting to act under a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

(6) A delegation under this section does not affect or prevent the exercise or performance of any power, duty, or function of the maker of the delegation.

(1) The Chief Electoral Officer may seek assistance from any State sector agency in order to facilitate the effective administration of elections.

(2) Any agency approached by the Chief Electoral Officer for assistance must have regard to the public interest in a whole-of-government approach to support the effective administration of elections in considering the assistance it can provide.

(3) Any assistance that a State sector agency provides must be provided in a manner that is consistent with the statutory framework establishing that agency.

(4) For the purposes of this section, a State sector agency means any part of the State services as defined in section 2 of the State Sector Act 1988, any Crown entity within the meaning of section 7 of the Crown Entities Act 2004, and any State enterprise within the meaning of the State-Owned Enterprises Act 1986.

(1) There shall be a Chief Registrar of Electors who shall be the person exercising the powers, duties, and functions for the time being of the Chief Executive of New Zealand Post Limited.

(2) The Chief Registrar shall, under the direction of the Minister of Justice, be charged with the duty of carrying Part 5 of this Act into effect and to that end the Chief Registrar may, both in that capacity and in the capacity of the Chief Executive of New Zealand Post Limited, provide such computer and other services and such facilities as the Chief Registrar thinks necessary.

(2A) Without limiting the duty imposed by subsection (2), the Chief Registrar must take all reasonable steps to ensure the accuracy of information held on the electoral roll.

(3) The Chief Registrar may from time to time appoint an officer or employee of New Zealand Post Limited to be the Deputy Chief Registrar of Electors, who, subject to the control of the Chief Registrar, shall have and may exercise all the functions, duties, and powers of the Chief Registrar.

(4) The Chief Registrar may from time to time, either generally or particularly, by writing signed by the Chief Registrar, delegate to any officer or employee of New Zealand Post Limited all or any of the Chief Registrar's powers, except this power of delegation.

(5) Subject to any general or special directions given or conditions imposed from time to time by the Chief Registrar, the officer or employee to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on that officer or employee directly by this Act and not by delegation.

(6) Every officer or employee purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

(7) Any delegation under this section may be made to any specified officer or employee or to officers or employees of a specified class, or to the holder or holders for the time being of a specified office or class of offices.

(8) Any delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Chief Registrar.

(9) Any delegation under this section shall until revoked continue in force according to its tenor, notwithstanding that the Chief Registrar by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of the Chief Registrar.

(1) There shall be for each electoral district a Registrar of Electors to be appointed by the Chief Registrar.

(2) Every Registrar shall be an employee of New Zealand Post Limited appointed by name or as the holder for the time being of any specified office and shall, subject to subsection (3) of this section, be stationed at an office occupied by New Zealand Post Limited within the electoral district of which he or she is Registrar.

(3) Where, in the opinion of the Chief Registrar,—

• (a) There is no suitable office occupied by New Zealand Post Limited in an electoral district; or

• (b) An officer more suitable for appointment is stationed at an office occupied by New Zealand Post Limited in an adjoining district; or

• (c) It appears to be in the public interest to do so,—

he or she may appoint as the Registrar for the district an employee of New Zealand Post Limited stationed at an office occupied by New Zealand Post Limited in an adjoining electoral district.

(4) The Registrar shall, under the direction of the Chief Registrar,—

• (a) Compile and keep, as required by this Act, the electoral roll for the Registrar's electoral district; and

• (b) Carry out such other functions and duties as are specified in this Act.

(5) The Chief Registrar may from time to time appoint an employee of New Zealand Post Limited to be the Deputy Registrar for any electoral district, who, subject to the control of the Registrar, shall have and may exercise all the powers, functions, and duties of the Registrar.

(6) Neither the Registrar nor his or her deputy shall hold any official position in any political organisation.

(7) The powers conferred on the Chief Registrar by subsections (1) and (5) of this section include the power to appoint a Registrar or a Deputy Registrar for a named electoral district that is not yet in being or in respect of which a roll has not been compiled.

The expenses incurred by New Zealand Post Limited in the administration of Part 5 of this Act shall be paid out of public money appropriated by Parliament.

(1) The Chief Electoral Officer, with the approval of the Chief Executive of New Zealand Post Limited, may from time to time appoint any employee of that company to be a Returning Officer or a substitute for a Returning Officer.

(2) Every substitute while acting for any Returning Officer shall have all the powers, duties, and functions of that Returning Officer.

(3) Nothing in the State Sector Act 1988 shall apply to any person appointed under this section.

No Returning Officer shall hold any official position in any political organisation.

Every Returning Officer shall, before entering on the duties of his or her office, make a declaration in form 1.

The House of Representatives shall have as its members those persons who are elected from time to time in accordance with the provisions of the Electoral Act 1956 or this Act, and who shall be known as members of Parliament.

(1) In order to provide for the periodical readjustment of the representation of the people of New Zealand in the House of Representatives, there shall be a Commission to be known as the Representation Commission.

(2) The Commission shall consist of—

• (a) The Surveyor-General:

• (b) The Government Statistician:

• (c) The Chief Electoral Officer:

• (d) The Chairperson of the Local Government Commission:

• (e) Two persons (not being public servants directly concerned with the administration of this Act or members of the House of Representatives), who shall be appointed by the Governor-General by Order in Council, on the nomination of the House of Representatives, as members of the Commission, one of those members being nominated to represent the Government and one to represent the Opposition:

• (f) One person (not being a public servant directly concerned with the administration of this Act or a member of the House of Representatives), who shall be appointed as a member of the Commission by the Governor-General by Order in Council, on the nomination of the members of the Commission who hold office under paragraph (a) or paragraph (b) or paragraph (c) or paragraph (e) of this subsection, or a majority of them, to be the Chairperson of the Commission.

(3) For the purposes of determining the boundaries of the Maori electoral districts, the Commission shall consist not only of the members specified in subsection (2) of this section but also of—

• (a) The chief executive of Te Puni Kokiri:

• (b) Two persons (not being public servants directly concerned with the administration of this Act or members of the House of Representatives), who shall be appointed by the Governor-General by Order in Council on the nomination of the House of Representatives as members of the Commission, one of those members being nominated to represent the Government and one to represent the Opposition.

(4) Each of the persons appointed under subsection (3)(b) of this section shall be a Maori.

(5) Notwithstanding subsection (2)(d) of this section, the Chairperson of the Local Government Commission shall not be entitled to vote on any matter before the Commission, and shall not be regarded as a member of the Commission for the purpose of forming part of a quorum pursuant to section 43(1) of this Act.

The Chairperson and every member of the Commission who holds office under section 28(2)(e) or section 28(3)(b) of this Act, unless he or she sooner ceases to be a member as provided in section 30 of this Act, shall cease to be a member on the date on which the first periodical census of population is taken after the date of his or her appointment.

The Chairperson or any member of the Commission who holds office under section 28(2)(e) or section 28(3)(b) of this Act may resign his or her appointment by writing addressed to the Governor-General, in which case, or in case of any such member being convicted of any indictable offence, or of his or her refusing to act, or of his or her death or mental or physical incapacity, or of his or her absence from New Zealand when his or her services are required, the Governor-General may, by Order in Council, appoint another person in his or her stead on the same nomination as in the case of the original appointment:

Provided that, if Parliament is not in session at the time, an appointment of a member to represent the Government or the Opposition may be made on the nomination of the Prime Minister or of the Leader of the Opposition, as the case may be.

There shall be paid out of money appropriated by Parliament for the purpose to the Chairperson and each member of the Commission who holds office under section 28(2)(e) or section 28(3)(b) of this Act remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly, and the Commission shall be a statutory Board for the purposes of that Act.

(1) In this section appointed member means a member of the Commission appointed under section 28(2)(e) or section 28(2)(f) or section 28(3)(b) of this Act.

(2) Any appointed member may from time to time, by writing under his or her hand, appoint any person to be the deputy of that appointed member.

(3) No person other than a Maori shall be appointed under this section as the deputy of a member of the Commission appointed under section 28(3)(b) of this Act.

(4) The deputy of any appointed member may exercise the powers conferred on that appointed member by this Act during any period when that appointed member is incapacitated by illness, absence from New Zealand, or other sufficient cause from performing the duties of his or her office.

(5) The deputy of the appointed member who holds office as the Chairperson of the Commission shall, in addition, have authority to act as Chairperson of the Commission during any period when the Chairperson of the Commission is incapacitated by illness, absence from New Zealand, or other sufficient cause from performing the duties of his or her office.

(6) Every deputy appointed under this section shall hold office during the pleasure of the appointed member by which that deputy was appointed.

(7) No act done by any deputy appointed under this section in that capacity, and no act done by the Commission while any such deputy is so acting, shall in any proceedings be questioned on the ground that the occasion for so acting had not arisen or had ceased.

(1) Where the Chairperson of the Local Government Commission is unable or likely to be unable to perform his or her duties as a member of the Representation Commission because of illness, absence, or any other reason, and it appears to the Minister of Local Government that the inability to perform the duties is likely to continue for a period of more than 14 days, the Minister of Local Government may appoint a deputy (who shall be another member of the Local Government Commission) to perform all the functions, duties, and powers of the Chairperson of the Local Government Commission in his or her capacity as a member of the Representation Commission.

(2) The Deputy Surveyor-General appointed pursuant to section 8 of the Survey Act 1986 shall have and may exercise, subject to the control of the Surveyor-General, all the functions, duties, and powers of the Surveyor-General in his or her capacity as a member of the Commission.

(3) Any Deputy Government Statistician appointed pursuant to section 17 of the Statistics Act 1975 shall have and may exercise, subject to the control of the Government Statistician, all the functions, duties, and powers of the Government Statistician in his or her capacity as a member of the Commission.

(4) The Deputy Chief Electoral Officer appointed pursuant to section 19 of this Act shall have and may exercise, subject to the control of the Chief Electoral Officer, all the functions, duties, and powers of the Chief Electoral Officer in his or her capacity as a member of the Commission.

(5) Where the chief executive who holds office under section 28(3)(a) of this Act as a member of the Commission is unable or likely to be unable to perform his or her duties as such a member because of illness, absence, or any other reason, or where there is a vacancy in the position of that chief executive, that chief executive or any acting chief executive acting under section 40(1) of the State Sector Act 1988 may appoint a deputy nominated by the chief executive to perform all the functions, duties, and powers of the chief executive in his or her capacity as a member of the Representation Commission.

(6) Every deputy appointed under subsection (1) or subsection (5) of this section shall hold office during the pleasure of the person by which that deputy was appointed.

(7) No act done by any deputy to which this section applies and no act done by the Commission while any such deputy is so acting, shall in any proceedings be questioned on the ground that the occasion for so acting had not arisen or had ceased.

(8) Nothing in section 41(1) of the State Sector Act 1988 authorises a chief executive or acting chief executive or deputy of a chief executive to delegate to any other person any of the functions, duties, or powers of the chief executive or acting chief executive or deputy of the chief executive in his or her capacity as a member of the Representation Commission.

Any political party to which a member of Parliament belongs and any independent member of Parliament and any political party whose candidates have, at the immediately preceding general election, obtained 5 percent or more of the valid votes cast by electors at that general election may make submissions to the Commission in relation to the matters to be considered by the Commission under section 35(3) of this Act or section 45(6) of this Act.

(1) It shall be the duty of the Commission to divide New Zealand into General electoral districts from time to time in accordance with this section and section 269 of this Act.

(2) The Commission—

• (a) Shall effect the first division under subsection (1) of this section as soon as practicable after the commencement of this section; and

• (b) Shall, in accordance with section 77(5) of this Act, effect the second division under subsection (1) of this section after the census taken in the year 1996; and

• (c) Shall effect such subsequent division under subsection (1) of this section only after each subsequent periodical census and on no other occasion.

(3) Subject to section 269 of this Act, each division effected under subsection (1) of this section shall be effected on the following basis:

• (a) The South Island shall be divided into 16 General electoral districts:

• (b) The General electoral population of the South Island shall be divided by 16, and the quotient so obtained shall be the quota for the South Island:

• (c) The General electoral population of the North Island shall be divided by the quota for the South Island, and the quotient so obtained shall be the number of General electoral districts in the North Island. Where that quotient includes a fraction, the fraction shall be disregarded unless it exceeds a half, in which case the number of such General electoral districts shall be the whole number next above that quotient:

• (d) The quota for the North Island shall be ascertained by dividing the General electoral population of that Island by the number of General electoral districts in that Island, as ascertained under paragraph (c) of this subsection:

• (e) The extent of each General electoral district in each Island shall be such that, at the time of making the division, the General electoral population of the General electoral district shall, subject to the provisions of paragraphs (f) and (g) of this subsection and to the provisions of section 36 of this Act as to the allowance, be equal to the quota for that Island:

• (f) In forming the several General electoral districts, due consideration shall be given to—

  • (i) The existing boundaries of General electoral districts; and

  • (ii) Community of interest; and

  • (iii) Facilities of communications; and

  • (iv) Topographical features; and

  • (v) Any projected variation in the General electoral population of those districts during their life:

• (g) No General electoral district shall be situated partially in the North Island and partially in the South Island.

(4) As soon as possible after each periodical census, the Surveyor-General shall call a meeting of the members of the Commission who hold office under any of the provisions of paragraphs (a) to (e) of section 28(2) of this Act for the purpose of nominating a Chairperson of the Commission.

(5) As soon as possible after each periodical census and each period specified in a notice published under section 77(2) of this Act, the Chief Registrar shall supply the Government Statistician with the information that he or she is required to supply to the Government Statistician under section 77(6) of this Act.

(6) When the Government Statistician—

• (a) Has the results of the census; and

• (b) Has been supplied by the Chief Registrar with the information that he or she is required, under section 77(6) of this Act, to supply to the Government Statistician as soon as practicable after the last day of the period specified in the notice published under section 77(2) of this Act,—

the Government Statistician shall thereupon report the results of the census and his or her calculation of the Maori electoral population as at the close of the last day of that period to the Surveyor-General and to the other members of the Commission.

(7) Upon receipt of the report of the Government Statistician, the Surveyor-General shall prepare maps showing the distribution of the population and provisional boundaries for the electoral districts, and shall then call a meeting of the Commission.

(8) The report so made by the Government Statistician, and the maps so prepared by the Surveyor-General, shall be sufficient evidence as to the General electoral population of New Zealand or of the North Island or of the South Island or of any district.

Where, in the opinion of the Commission, General electoral districts cannot be formed consistently with the considerations provided for in section 35 of this Act so as to contain exactly the quota, the Commission may for any General electoral district make an allowance by way of addition or subtraction of General electoral population to an extent not exceeding 5 percent.

The Representation Commission, if it is informed by the Remuneration Authority that it requires the districts to be classified for the purposes of determining salaries or allowances or both under the Remuneration Authority Act 1977, shall classify those districts in accordance with the categories given to it by the Remuneration Authority.

(1) When the Commission proposes to make a division under section 35 or section 45 of this Act, it shall publish in the Gazette a notice—

• (a) Stating places at which the public may inspect, without charge,—

  • (i) The names, and a description of the boundaries, of the proposed districts; and

  • (ii) Any classification of the proposed districts that is required for the purposes of the Remuneration Authority Act 1977; and

  • (iii) A summary, in respect of each proposed district, of the reasons why the boundaries described are being proposed; and

• (b) Stating the last date on which the Commission will receive written objections to the proposed boundaries or any of them and to the proposed names or any of them and to the proposed classification (if any) (which date shall be not less than one month after the date of the publication of the notice in the Gazette).

(1A) The boundaries fixed by the Commission in respect of the proposed districts shall be defined by the Commission by the use of such words, maps, and graphic means as are sufficient to define those proposed boundaries accurately.

(2) The places stated pursuant to subsection (1)(a) of this section shall include the office of each Registrar of Electors.

(3) Any failure to comply with subsection (1)(a)(iii) of this section shall not of itself invalidate any decision or proceedings of the Commission.

(4) Where any objections are received under subsection (1)(b) of this section, the Commission shall publish in the Gazette a notice—

• (a) Containing a summary of the objections; and

• (b) Stating a place or places at which the objections are available for public inspection; and

• (c) Stating the last date on which the Commission will receive written counter-objections to those objections or any of them (which date shall not be less than 2 weeks after the date of the publication of the notice in the Gazette).

(5) The Commission shall, before coming to a final determination, duly consider any objections lodged under subsection (1)(b) of this section and any counter-objections lodged under subsection (4) of this section.

(1) When, after the gazetting, pursuant to section 38 of this Act, of a notice stating places (which shall include the office of each Registrar of Electors) at which the public may inspect, without charge, a description of the boundaries of the proposed districts, the Commission makes a determination relating to the boundaries of any district, the Surveyor-General shall communicate the details of that determination to such public servants directly concerned with the administration of this Act as have been specified by the Commission by name or by position or by the functions they perform.

(2) Any public servant to whom information is communicated pursuant to subsection (1) of this section shall use that information only for the purposes of this Act.

(1) The Commission shall, in every case within 6 months after the date of the meeting of the Commission called pursuant to section 35(7) of this Act or, in the case of the meeting called pursuant to section 269(4) of this Act, within 8 months after the date of that meeting,—

• (a) Report to the Governor-General the names and boundaries of the electoral districts fixed by the Commission; and

• (b) Publish in the Gazette a notice—

  • (i) Stating that the Commission has fixed the names and boundaries of the electoral districts; and

  • (ii) Stating that the names and boundaries of the electoral districts fixed by the Commission are available for public inspection; and

  • (iii) Stating places at which copies of the names and boundaries fixed by the Commission are available for public inspection without charge (which places shall include the office of each Registrar of Electors).

(2) The boundaries of the electoral districts fixed by the Commission shall be defined by the Commission by the use of such words, maps, and graphic means as are sufficient to define those boundaries accurately.

(3) From the date of the gazetting of the notice required by subsection (1)(b) of this section, the electoral districts fixed by the report shall be the electoral districts of New Zealand for the purpose of the election of members of Parliament after the dissolution or expiration of the then existing Parliament, and shall so continue until the next report of the Commission takes effect as a result of the publication in the Gazette of the notice required by subsection (1)(b) of this section in respect of that report.

(1) A copy of every report of the Commission, together with properly authenticated maps of the electoral districts fixed by the report, shall be presented by the Governor-General to the House of Representatives within 3 sitting days after the date of the receipt thereof if Parliament is then in session, and, if not, then within 3 sitting days after the date of the commencement of the next ensuing session.

(2) The Minister shall, forthwith after every report of the Commission is presented to the Governor-General, cause to be deposited in the office of the Clerk of the House of Representatives properly authenticated maps of the electoral districts fixed by the report.

(1) The Surveyor-General—

• (a) Shall, as soon as practicable after the gazetting of a notice under section 40(1)(b) of this Act, compile, in respect of each electoral district, an index of streets and places within that district; and

• (b) Shall compile from time to time, a comprehensive index which shall contain the names of all streets and places in New Zealand and which shall show the electoral district or electoral districts in which each street or place is to be found.

(2) At the office of each Registrar and at such other convenient places within each district as the Minister from time to time directs, there shall be kept, for inspection by the public,—

• (a) A copy of the index compiled in respect of that district under subsection (1)(a) of this section; and

• (b) A copy of the index compiled under subsection (1)(b) of this section.

(3) Copies of each index compiled under subsection (1)(a) of this section shall be sold by the department within the meaning of section 2 of the Survey Act 1986.

(4) Copies of each index compiled under subsection (1)(b) of this section in respect of an electoral district shall be sold at every office of the department within the meaning of section 2 of the Survey Act 1986 and at such other convenient places as the Chief Electoral Officer from time to time directs.

(1) Any 4 members of the Commission, of whom 2 are the members holding office under section 28(2)(e) of this Act, shall be a quorum, and may exercise all functions vested in the Commission.

(2) The Commission may make such rules for the conduct of its business, not inconsistent with the provisions of this Act, as it thinks fit.

No member of the Commission shall, within 2 years after he or she ceases to be a member, be capable of being elected to be a member of the House of Representatives.

(1) It shall be the duty of the Commission, for the purpose of the representation of the Maori people in the House of Representatives, to divide New Zealand into Maori electoral districts from time to time in accordance with this section and section 269 of this Act.

(2) The Commission—

• (a) Shall effect the first division under subsection (1) of this section as soon as practicable after the commencement of this section; and

• (b) Shall, in accordance with section 77(5) of this Act, effect the second division under subsection (1) of this section after the census taken in the year 1996; and

• (c) Shall effect each subsequent division under subsection (1) of this section only after each subsequent periodical census and on no other occasion.

(3) Subject to section 269 of this Act, each division effected under subsection (1) of this section shall be effected on the following basis:

• (a) The Maori electoral population of New Zealand shall be divided by the quota for General electoral districts in the South Island determined pursuant to section 35(3)(b) of this Act, and the quotient so obtained shall be the number of Maori electoral districts:

• (b) Where the quotient includes a fraction, the fraction shall be disregarded unless it exceeds a half, in which case the number of Maori electoral districts shall be the next whole number above the quotient:

• (c) Subject to subsection (7) of this section, the Maori electoral districts shall each contain an equal number of members of the Maori electoral population.

(4) Upon receipt of the report of the Government Statistician under section 35(6) of this Act, the Surveyor-General shall prepare maps showing the distribution of the Maori electoral population and provisional boundaries for the Maori electoral districts.

(5) The report so made by the Government Statistician and the maps so prepared by the Surveyor-General shall be sufficient evidence as to the Maori electoral population.

(6) In dividing the Maori electoral population equally between the Maori electoral districts, due consideration shall be given to—

• (a) The existing boundaries of the Maori electoral districts; and

• (b) Community of interest among the Maori people generally and members of Maori tribes; and

• (c) Facilities of communications; and

• (d) Topographical features; and

• (e) Any projected variation in the Maori electoral population of those districts during their life.

(7) Where, in the opinion of the Commission, the Maori electoral population cannot, consistently with the considerations provided for in subsection (6) of this section, be divided equally between the Maori electoral districts, the Commission may for any district make an allowance by way of addition or subtraction of Maori electoral population to an extent not exceeding 5 percent.

(8) Due notice of the issuing of the proposed names and boundaries of the Maori electoral districts shall be given in the Gazette and section 38 of this Act, with all necessary modifications, shall apply accordingly.

(9) The Commission shall, in every case within 6 months after the date of the meeting of the Commission called pursuant to section 35(7) of this Act or, in the case of the meeting called pursuant to section 269(4) of this Act, within 8 months after the date of that meeting,—

• (a) Report to the Governor-General the names and boundaries of the Maori electoral districts fixed by the Commission; and

• (b) Publish in the Gazette a notice—

  • (i) Stating that the Commission has fixed the names and boundaries of the Maori electoral districts; and

  • (ii) Stating that the names and boundaries of the Maori electoral districts fixed by the Commission are available for public inspection; and

  • (iii) Stating places at which copies of the names and boundaries fixed by the Commission are available for public inspection without charge (which places shall include the office of each Registrar of Electors).

(10) The boundaries fixed by the Commission in respect of the Maori electoral districts shall be defined by the Commission by the use of such words, maps, and graphic means as are sufficient to define those boundaries accurately.

(11) From the date of the gazetting of the notice required by subsection (9)(b) of this section, the boundaries of the Maori electoral districts as fixed by the report shall be the boundaries of the Maori electoral districts for the purpose of the election of members of Parliament for those districts after the dissolution or expiration of the then existing Parliament, and shall so continue until the next report of the Commission takes effect as a result of the publication in the Gazette of that notice required by subsection (9)(b) of this section in respect of that report.

(12) Notwithstanding the foregoing provisions of this section or of any other provision of this Act,—

• (a) If on the application of paragraphs (a) and (b) of subsection (3) of this section a quotient is obtained that does not require the division of New Zealand into a Maori electoral district or districts, New Zealand shall not be divided into a Maori electoral district or districts and the other provisions of this Act shall, so far as they are applicable, apply with any necessary modifications; and

• (b) If on the application of paragraphs (a) and (b) of subsection (3) of this section a quotient is obtained that requires the division of New Zealand into one Maori electoral district, the foregoing provisions of this section and the other provisions of this Act shall, so far as they are applicable, apply with any necessary modifications.

(1) The area comprised in the Chatham Islands shall be included in such General electoral district and Maori electoral district as the Representation Commission thinks fit, after giving due consideration to the matters contained in sections 35(3)(f) and 45(6) of this Act.

(2) For the purposes of sections 35, 45, and 269 of this Act, the General electoral population and Maori electoral population of the Chatham Islands shall be treated—

• (a) As part of the General electoral population and Maori electoral population of New Zealand; and

• (b) As part of the General electoral population or Maori electoral population, as the case may require, of the General electoral district or Maori electoral district within which the Chatham Islands are included; and

• (c) In the case of the General electoral population, as part of the General electoral population of the South Island and, in the case of the Maori electoral population, as part of the Maori electoral population of the North Island.

(3) In any case where the Commission has determined the number of General electoral districts in both the North Island and the South Island, and has, in doing so, applied the provisions of subsection (2)(c) of this section,—

• (a) The Commission shall not be precluded from including the Chatham Islands in a General electoral district or Maori electoral district, as the case may require, that is located, either in whole or in part, in a different Island to that in which the General electoral population or the Maori electoral population of the Chatham Islands has been included pursuant to subsection (2)(c) of this section; and

• (b) The Commission shall not, by reason of the application of paragraph (a) of this subsection, reconsider its determination of the number of General electoral districts in either the North Island or the South Island.

(1) Subject to the provisions of this Act, every person who is registered as an elector of an electoral district, but no other person, is qualified to be a candidate and to be elected a member of Parliament, whether for that electoral district, any other electoral district or as a consequence of the inclusion of that person's name in a party list submitted pursuant to section 127 of this Act.

(2) Notwithstanding anything in subsection (1) of this section, if a person is disqualified for registration as an elector, that person shall not be qualified to be a candidate or to be elected.

(3) Regardless of anything in subsection (1), a person is not qualified to be a candidate or to be elected unless he or she is a New Zealand citizen.

Every member of Parliament who sits or votes therein after his or her seat has become vacant by reason of that member having become a public servant, knowing that his or her seat is so vacant, shall be liable on summary conviction to a fine not exceeding $400.

Any person duly qualified as an elector who has been registered on any electoral roll but whose name has become removed from that roll through no fault of his or her own shall not, by reason only of not being registered as an elector, be disqualified from becoming a candidate and being elected for any electoral district; but in every such case any such person shall forward to the Returning Officer, at the time when that person sends his or her consent to be nominated, a statutory declaration to the effect that he or she is not disqualified as an elector for the district in respect of which he or she was previously registered under the provisions of this Act or any other Act, that he or she still retains that qualification, and that his or her name has been removed from the roll of that district through no fault of his or her own.

The nomination of any person as a candidate for election, or his or her election as a member of Parliament, shall not be questioned on the ground that, though entitled to be registered as an elector of any district, that person was not in fact registered as an elector of that district but was registered as an elector of some other district.

A member of Parliament ceasing to be registered as an elector shall not from that cause only be disqualified from sitting as a member.

(1) In this section, the term State servant—

• (a) Means—

  • (i) A public servant; and

  • (ii) Any other person whose conditions of employment are prescribed under, or are required by any enactment to be prescribed in accordance with or having regard to provisions of, the State Sector Act 1988; and

• (b) Includes members of the New Zealand Police.

(2) Any State servant who desires to become a candidate for election as a member of Parliament shall be placed on leave of absence for the purposes of his or her candidature.

(3) Subject to subsection (4) of this section, the period of leave shall commence on nomination day, and, in the event of his or her nomination as a constituency candidate or of the inclusion of his or her name in a list submitted under section 127 of this Act, shall continue until the first working day after polling day, unless, in any case where he or she is a constituency candidate, he or she withdraws his or her nomination.

(4) Where the employer of any State servant is satisfied that the State servant desires to become a candidate and that the candidacy will materially affect the ability of that State servant—

• (a) To carry out satisfactorily his or her duties as a State servant; or

• (b) To be seen as independent in relation to particular duties,—

the period of leave shall, if the employer so determines after consultation with the State servant, commence before nomination day on a day appointed by the employer.

(5) During the period of his or her leave, the State servant shall not be required or permitted to carry out any of his or her official duties, nor shall he or she be entitled to receive any salary or other remuneration as a State servant in respect of that period or any part thereof, except to the extent to which he or she takes during that period any leave with pay to which he or she is entitled:

Provided that a candidate who, at the time of his or her nomination or of the inclusion of his or her name in a list submitted under section 127 of this Act, is a member of the staff of a university or a university college or a technical institute or a community college or a teachers college may continue to teach or supervise the studies of students at that university or university college or technical institute or community college or teachers college who are preparing for an examination and may engage in marking the examination papers of such students, and may receive remuneration in respect of such teaching, supervision, and marking.

(6) Except as provided in the foregoing provisions of this section, a candidate's rights as a State servant shall not be affected by his or her candidature.

(1) In this section, the term State servant has the meaning given to it by section 52(1) of this Act.

(2) If any State servant is elected as a member of Parliament, he or she shall forthwith on being declared so elected, be deemed, subject to subsections (3) to (6) of this section, to have vacated his or her office as a State servant.

(3) Where a person who has been declared elected as the result of a poll is not the person declared elected on an amended declaration of the result of that poll or where, at the conclusion of the trial of an election petition, the High Court or Court of Appeal determines that the person whose election or return was complained of was not duly elected or returned or that the election at which that person was elected or returned was void, that person,—

• (a) If he or she was a State servant when he or she was declared to be elected; and

• (b) If by written election, given to his or her former employer within one month after the amended declaration or the determination of the High Court or Court of Appeal, he or she elects to be reinstated in his or her former office as a State servant,—

he or she shall, on the date on which his or her election is so given to his or her employer, be deemed, subject to subsections (4) to (6) of this section, to have been reinstated in his or her office as a State servant.

(4) Nothing in this section shall entitle any person who is reinstated in office as a State servant to receive any salary or other remuneration as a State servant in respect of the period or any part of the period beginning on the day after the date on which he or she vacated office under subsection (2) of this section and ending with the day before the date on which he or she resumed office under subsection (3) of this section.

(5) Where the position that the person held at the date on which he or she vacated office has been filled or where that position no longer exists, that person shall, on his or her reinstatement, be employed, where practicable and at the discretion of his or her employer, in a position that involves duties and responsibilities which are the same or substantially the same as those of the position held at the time of vacation of office.

(6) Subject to subsection (4) of this section, where a person is reinstated in office under this section,—

• (a) His or her service, for the purpose of any rights and benefits that are conditional on unbroken service, shall not be broken by the period of vacation of office; and

• (b) The period of vacation of office shall count—

  • (i) As time served under his or her contract of employment; and

  • (ii) Subject to payment of his or her contributions, as service for the purpose of any superannuation scheme to which he or she belongs in his or her capacity as a State servant.

(1) Where an election is held for any electoral district, the person whose name is endorsed on the writ issued for the election as the person declared to be elected shall, subject to this Act,—

• (a) Come into office as the member of Parliament for that electoral district on the day after the day of the return of that writ; and

• (b) Vacate that office at the close of polling day at the next general election.

(2) Where any person whose name is entered on a party list submitted pursuant to section 127 of this Act, is declared by the Chief Electoral Officer to be elected as a member of Parliament, the person shall, subject to this Act,—

• (a) Come into office on the date after the date of the return made by the Chief Electoral Officer pursuant to section 193 of this Act; and

• (b) Vacate that office at the close of polling day at the next general election.

(1) The seat of any member of Parliament shall become vacant—

• (a) If, otherwise than by virtue of being a head of mission or head of post within the meaning of the Foreign Affairs Act 1988, for one whole session of Parliament he or she fails, without permission of the House of Representatives, to give his or her attendance in the House; or

• (b) if he or she takes an oath or makes a declaration or acknowledgement of allegiance, obedience, or adherence to a foreign State, foreign Head of State, or foreign Power, whether required on appointment to an office or otherwise; or

• (c) If he or she does or concurs in or adopts any act whereby he or she may become a subject or citizen of any foreign State or Power, or entitled to the rights, privileges, or immunities of a subject or citizen of any foreign State or Power; or

• (ca) if he or she ceases to be a New Zealand citizen; or

• (cb) if he or she accepts nomination as, or otherwise agrees to be, a candidate for election, or agrees to appointment as—

  • (i) a member of Parliament (or other governing body) of a country, State, territory, or municipality, in any country other than New Zealand; or

  • (ii) a member of any governing body of any association of countries, States, territories, or municipalities exercising governing powers, of which New Zealand is not a member (for example, the European Union); or

• (d) If he or she is convicted of a crime punishable by imprisonment for a term of 2 years or upwards, or is convicted of a corrupt practice, or is reported by the High Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice; or

• (e) If he or she becomes a public servant; or

• (f) if he or she resigns his or her seat by signing a written notice that is addressed and delivered to the Speaker; or

• (g) If on an election petition the High Court or Court of Appeal declares his or her election void; or

• (h) If he or she dies; or

• (i) If he or she becomes mentally disordered, as provided in section 56 of this Act; or

• (j) [Repealed]

(2) Notwithstanding anything in subsection (1)(c) of this section, where a member of Parliament marries a person who is a subject or citizen of a foreign State or Power and the laws of that foreign State or Power confer on that member of Parliament by reason of that marriage, citizenship of that foreign State or Power or the rights, privileges, or immunities of a subject or citizen of that foreign State or Power, the seat of a member of Parliament shall not become vacant by reason only of the marriage.

Despite section 55(1)(b) and (c), the seat of a member of Parliament does not become vacant by reason only of the member—

• (a) becoming a subject or citizen of any foreign State or Power, or entitled to the rights, privileges, or immunities of a subject or citizen of any foreign State or Power, by reason only of the member's—

  • (i) country or place of birth; or

  • (ii) descent; or

• (b) renewing a passport or travel document that was issued to him or her by a foreign State or Power before the member took office.

(1) Where a member of Parliament is, or is deemed to be, subject to a compulsory treatment order made under Part 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, the Court by which the order is made shall, as soon as may be, give a notice to the Speaker of the making of the order.

(2) Where a member of Parliament is received or detained in a hospital in accordance with an inpatient order made under Part 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, the person in charge of that hospital shall, as soon as may be, give notice to the Speaker of the reception or detention.

(3) Where the Speaker receives a notice under subsection (1) or subsection (2) of this section, the Speaker shall forthwith transmit the notice to the Director-General of Health, who, together with some medical practitioner named by the Speaker, shall without delay visit and examine the member to whom the notice relates, and shall report to the Speaker whether the member is mentally disordered.

(4) If the report is to the effect that the member is mentally disordered the Speaker shall, at the expiration of 6 months from the date of the report if Parliament is then in session, and, if not, then as soon as may be after the date of the commencement of the next ensuing session, require the said Director-General, together with the said medical practitioner or some other medical practitioner named by the Speaker, again to visit and examine the member; and, if they report that he or she is still mentally disordered, the Speaker shall forthwith lay both reports before the House of Representatives, and thereupon the seat of the member shall be vacant.

(5) Every person having charge of any hospital in which any member of Parliament is so received or detained, who wilfully commits a breach of subsection (2) of this section shall be liable on summary conviction to a fine not exceeding $2,000.

(1) The Registrar of the Court in which any member of Parliament has been convicted of a crime punishable by imprisonment for a term of 2 years or upwards, or has been convicted of a corrupt practice, shall, within 48 hours after the conviction, notify the fact to the Speaker.

(2) Every person commits an offence and shall be liable on summary conviction to a fine not exceeding $100 who, being the Registrar of a Court, fails to send any notice required by subsection (1) of this section.

(1) The Registrar of Births and Deaths by whom the death of any member of Parliament is registered shall, within 12 hours of making the registration, notify the fact to the Speaker.

(2) Every person commits an offence and shall be liable on summary conviction to a fine not exceeding $100 who, being a Registrar of Births and Deaths, fails to send any notice required by subsection (1) of this section.

(1) No person shall at any general election be—

• (a) A candidate for more than one electoral district; or

• (b) A candidate whose name is included on more than one party list submitted pursuant to section 127 of this Act.

(2) If 2 or more by-elections are held on the same polling day, no person shall be a candidate at more than one of those by-elections.

(3) At any general election, any person may be both—

• (a) A candidate for any one electoral district; and

• (b) A candidate whose name is included on any one party list submitted pursuant to section 127 of this Act.

(4) If any person breaches subsection (1) or subsection (2) of this section, all nominations of that person as a candidate for those districts, party lists, or by-elections, as the case may be, shall be void, and any deposits made by him or her or on his or her behalf shall be forfeited and be paid into the Crown Bank Account.

Subject to the provisions of this Act, the following persons, and no others, shall be qualified to vote at any election in any district, namely,—

• (a) Any person whose name lawfully appears on the main roll or any supplementary roll for the district and who is qualified to be registered as an elector of the district:

• (b) Any person—

  • (i) Who is qualified to be registered as an elector of the district; and

  • (ii) Who is registered as an elector of the district as a result of having applied for registration as an elector of the district before polling day:

• (c) Any person who is qualified to be registered as an elector of the district, and was at the time of the last preceding election duly registered as an elector of the district or, where a change of boundaries has intervened, of some other district in which his or her then place of residence within the first-mentioned district was then situated:

• (d) Any person—

  • (i) Who is qualified to be registered as an elector of the district; and

  • (ii) Who is registered as an elector of the district as a result of having applied, since the last preceding election and before polling day, for registration as an elector of the district or, where a change of boundaries has intervened, of some other district in which that person's then place of residence within the first-mentioned district was then situated:

• (e) Any person who is qualified to be registered as an elector of the district pursuant to section 74 of this Act and who resides on Campbell Island or Raoul Island or has resided on either of those Islands at any time in the one month before polling day:

• (f) Any member of the Defence Force who is outside New Zealand, if he or she is or will be of or over the age of 18 years on polling day, and his or her place of residence immediately before he or she last left New Zealand is within the district.

(1) A person who is qualified to vote at any election in any district may vote as a special voter if—

• (a) That person'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:

• (b) The person intends to be absent or is absent from the district on polling day:

• (c) The person intends to be outside New Zealand on polling day or is outside New Zealand on polling day:

• (d) The person is, by reason of illness, infirmity, pregnancy, or recent childbirth, unable to attend to vote at any polling place in the district:

• (e) The person is, by reason of a religious objection, unable to attend to vote on the day of the week on which polling day falls:

• (f) The person satisfies the Returning Officer or issuing officer that on any other ground it will not be practicable for that person to vote at a polling place in the district without incurring hardship or serious inconvenience.

(2) A person who is registered as an elector of a Maori electoral district and who is qualified to vote at any election in that district may vote as a special voter not only on the grounds set out in subsection (1) of this section but also on the ground that the person attends to vote on polling day at a polling place that is not a polling place for that district.

(1) Subject to this Part of this Act, an eligible political party may be registered for the purposes of this Act.

(2) The Electoral Commission shall establish and maintain a Register, to be known as the Register of Political Parties, containing a list of the political parties registered under this Part of this Act.

(1) An application for the registration of an eligible political party may be made to the Electoral Commission—

• (a) By the Secretary of the party; or

• (b) By any member of Parliament who is a current financial member of that party.

(2) An application for the registration of an eligible political party—

• (a) Shall be in writing; and

• (b) Shall be signed by the applicant; and

• (c) must—

  • (i) set out the name of the party; and

  • (ii) if the party wishes to be able to use for the purposes of this Act an abbreviation of its name, set out the name of that abbreviation; and

  • (iii) set out the name and address of the applicant and the capacity in which he or she makes the application; and

  • (iv) if the applicant is not the secretary of the party, set out the name and address of the secretary of the party; and

  • (v) set out the name and address of the person, being a person who is eligible for appointment under section 214D, who is to be appointed as the auditor of the party, and be accompanied by that person's signed consent to the appointment; and

  • (vi) be accompanied by evidence, in a form approved by the Electoral Commission, that the party has at least 500 current financial members who are eligible to enrol as electors; and

  • (vii) be accompanied by a declaration, made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957 that the party has at least 500 current financial members who are eligible to enrol as electors; and

• (ca) must be accompanied by a declaration made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957, which declaration must state that the party intends, at general elections,—

  • (i) to submit a list of candidates under section 127; or

  • (ii) to have 1 or more constituency candidates stand for the party or for a related political party; or

  • (iii) both; and

• (d) Shall be accompanied by a declaration made by the Secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957, which declaration shall—

  • (i) State whether the party is a party in respect of which there are one or more component parties; and

  • (ii) Where the party has one or more component parties, state the name of each component party.

(3) Upon receipt of an application for the registration of a political party, the Electoral Commission shall deal with the application in accordance with this Part of this Act and determine whether the party can be registered.

(4) Notwithstanding subsection (3) of this section, the Electoral Commission shall not be obliged to deal with any application for registration if it receives notice in writing withdrawing the application from a person entitled to apply for the registration of that party and the Electoral Commission is satisfied that the application is made by that person on behalf of the party.

(1) An application for the registration for the purposes of this Act of a party logo of a political party may be made to the Electoral Commission—

• (a) By the Secretary of the party; or

• (b) By any member of Parliament who is a current financial member of that party.

(2) An application for the registration for the purposes of this Act of the logo of a political party—

• (a) Shall be in writing; and

• (b) Shall be signed by the applicant; and

• (c) Shall be accompanied—

  • (i) By two identical representations of the party logo, which representations shall be in a form satisfactory to the Electoral Commission and shall show the parts of the logo that are to be in colour and the PMS (Pantone Matching System) colours that are to be used for those parts when the logo is reproduced on the ballot paper; and

  • (ii) By a black and white reproduction of the party logo, which reproduction shall be in a form satisfactory to the Electoral Commission; and

• (d) Shall be accompanied by a declaration, made by the applicant in the manner prescribed by section 9 of the Oaths and Declarations Act 1957, that the use of that logo by that political party will not be an infringement of an intellectual property right of any person or a breach of any enactment; and

• (da) if the application is made by a political party that is not registered under this Part, must be accompanied by a declaration made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957, which declaration must state that the party intends, at general elections, to have 1 or more constituency candidates stand for the party or for a related political party; and

• (e) Shall—

  • (i) Set out the name and address of the applicant and the capacity in which he or she makes the application; and

  • (ii) Where the applicant is not the Secretary of the party, set out the name and address of the Secretary of the party.

(3) Upon receipt of an application for registration of a party logo, the Electoral Commission shall deal with the application in accordance with this Part of this Act and determine whether the party logo can be registered.

(4) Notwithstanding subsection (3) of this section, the Electoral Commission shall not be obliged to deal with any application for registration of a party logo if it receives notice in writing withdrawing the application from a person entitled to apply for the registration of that party logo and the Electoral Commission is satisfied that the application is made by that person on behalf of the party.

(1) At no time in the period that, in relation to a general election,—

• (a) Commences on the date beginning with the issue of the writ for the election of members of Parliament for all electoral districts within New Zealand; and

• (b) Ends with the day appointed as the latest day for the return of the writ containing the names of constituency candidates who are elected,—

shall action be taken in relation to any application for the registration of a political party or any application for the registration of the logo of a political party.

(2) At no time in the period that, in relation to a by-election,—

• (a) Commences on the date beginning with the issue of the writ for the by-election; and

• (b) Ends with the day appointed as the latest day for the return of the writ for the by-election,—

shall action be taken in relation to any application for the registration of the logo of a political party.

The Electoral Commission shall refuse an application for the registration of a political party if, in its opinion, the name of the party or any proposed abbreviation—

• (a) Is indecent or offensive; or

• (b) Is excessively long; or

• (c) Is likely to cause confusion or mislead electors; or

• (d) Contains any reference to a title or honour or similar form of identification.

The Electoral Commission shall refuse an application for the registration of the logo of a political party—

• (a) If the application is not accompanied by both the representations and the black and white reproduction required by section 63A(2)(c) of this Act or by the declaration required by section 63A(2)(d) of this Act; or

• (b) If the Electoral Commission has reasonable cause to believe that the declaration supplied under section 63A(2)(d) of this Act is not correct; or

• (c) If, in the opinion of the Electoral Commission, the logo submitted by the party—

  • (i) Is indecent or offensive; or

  • (ii) Is likely to cause confusion or mislead electors; or

  • (iii) Contains any reference to a title or honour or similar form of identification; or

• (d) If the application for registration of a party logo is made by a political party that is not registered under Part 4 of this Act and the Electoral Commission has reasonable cause to believe that the name of the political party would, if submitted by a candidate for inclusion on the ballot paper, be likely to be rejected by a Returning Officer under section 151(2) of this Act.

(1) The Electoral Commission shall refuse an application for the registration of a political party if—

• (a) The application does not comply with section 63 of this Act; or

• (b) If it is satisfied that the party does not have 500 current financial members who are eligible to enrol as electors.

(2) Unless section 65 of this Act or subsection (1) of this section applies, the Electoral Commission shall, subject to section 64 of this Act, register the political party that is the subject of the application.

(3) [Repealed]

(1) Where the Electoral Commission determines that a political party should be registered, the Electoral Commission shall—

• (a) Register the party by entering in the register—

  • (i) The name of the party; and

  • (ii) If an abbreviation of the name of the party was set out in the application, that abbreviation; and

  • (iii) The names of any separate political parties that are component parties of the party; and

• (b) Give written notice to the applicant that the Electoral Commission has registered the party; and

• (c) Cause notice of the registration of the party, including details of any component parties of the party, to be published in the Gazette; and

• (d) Forward to the Chief Electoral Officer written notice of the registration of the party, which notice shall include details of any component parties of the party.

(2) Where the Electoral Commission determines that an application for the registration of a political party should be refused, the Commission shall, as soon as reasonably practicable, and in any case not later than 10 working days after the date of the determination, give the applicant written notice that the Commission has refused the application, setting out the reasons for the refusal.

(3) It shall be the duty of the Secretary of any political party registered under this Act—

• (a) To supply the Electoral Commission with an address for service of all correspondence under this Part of this Act; and

• (b) To notify the Electoral Commission of any changes in the address for service of correspondence; and

• (c) To notify the Electoral Commission whenever a new Secretary of the party is appointed; and

• (d) To notify the Electoral Commission if the number of current financial members of the party who are eligible to enrol as electors falls below 500; and

• (e) Subject to subsection (4) of this section, to notify the Electoral Commission by way of a declaration in the manner provided by section 9 of the Oaths and Declarations Act 1957 whenever there is any change in the details recorded in the Register of Political Parties in respect of the party under subsection (1)(a)(iii) of this section; and

• (f) to notify the Electoral Commission whenever the party changes the auditor of the party by appointing another person, being a person who is eligible for appointment under section 214D, as the auditor of the party, and to provide the Electoral Commission with the name and address of that person, and that person's signed consent to the appointment.

(4) Where changes in the description of component parties are notified to the Chief Electoral Officer under section 127(3A) or section 128A of this Act, it shall not be necessary for the Secretary of the party also to notify those changes to the Electoral Commission in accordance with subsection (3)(e) of this section.

(1) Where the Electoral Commission determines that the logo of a political party should be registered, the Electoral Commission shall—

• (a) Register the logo of the political party by recording the fact that the logo of the political party is registered with the Electoral Commission; and

• (b) Give written notice to the applicant that the Electoral Commission has registered the logo of the political party; and

• (c) Cause notice of the registration of the logo of the political party to be published in the Gazette; and

• (d) Give written notice to the Chief Electoral Officer that the Electoral Commission has registered the logo of the political party; and

• (e) Provide to the Chief Electoral Officer from time to time at his or her request such copies of the logo and such information with regard to the logo as the Chief Electoral Officer requires for the purpose of showing the logo on ballot papers.

(2) Where the Electoral Commission registers the logo of a political party that is registered under this Act, the registration of the logo shall be recorded in the Register of Political Parties, established under section 62(2) of this Act.

(3) Where the Electoral Commission determines that an application for the registration of the logo of a political party should be refused, the Commission shall, as soon as reasonably practicable, and in any case not later than 10 working days after the date of the determination, give the applicant written notice that the Commission has refused the application, setting out the reasons for the refusal.

(4) It shall be the duty of the Secretary of any political party that has a logo registered under this Act—

• (a) To supply the Electoral Commission with an address for service of all correspondence under this Part of this Act; and

• (b) To notify the Electoral Commission of any changes in the address for service of correspondence; and

• (c) To notify the Electoral Commission whenever a new Secretary of the party is appointed.

Members of the public shall be entitled to inspect the Register of Political Parties without payment at any time between 9.00 am and 4.00 pm on any day on which the office of the Electoral Commission is open.

(1) The Electoral Commission shall hold, at the office of the Commission, a copy of every political party logo that has been registered by the Commission.

(2) Members of the public shall be entitled, at any time between 9.00am and 4.00pm, on any day on which the office of the Electoral Commission is open, to inspect without payment any party logo registered by the Electoral Commission.

(1) Where a political party is registered, any person who would be entitled to make an application for registration on behalf of that party may instead make an application for variation of any of the details contained in the Register, and the provisions of sections 63 to 67 of this Act, with any necessary modifications, shall apply to an application for variation.

(2) Where the Electoral Commission receives notification under section 67(3)(e) of this Act of any changes to the details recorded in the Register in respect of that party pursuant to section 67(1)(a)(iii) of this Act, that notification shall be deemed to be an application for variation of the details recorded in the Register pursuant to section 67(1)(a)(iii) of this Act, and the provisions of section 63 to 67 of this Act, with any necessary modifications, shall apply accordingly.

(1) Where the logo of a political party is registered under section 67A of this Act, any person who would be entitled to make, on behalf of that party, an application for registration of a party logo may instead make—

• (a) An application for variation of the form of the logo or for the substitution of a new logo for the registered logo; or

• (b) On any change in the name of the party, an application that the registration of the logo be amended by substituting for the reference to the former name of the party a reference to the new name of the party.

(2) The provisions of sections 63A, 64, 65A, and 67A of this Act shall, with any necessary modifications, apply to every application under paragraph (a) or paragraph (b) of subsection (1) of this section.

(1) The Electoral Commission shall cancel the registration of a political party at the request of one of the persons specified in section 63(1) of this Act if satisfied that the request for cancellation is made by the applicant on behalf of the party.

(1A) The provisions of section 64, with any necessary modifications, apply to every request under subsection (1).

(2) The Electoral Commission shall cancel the registration of any political party on being satisfied that the number of current financial members of the party who are eligible to enrol as electors has fallen below 500.

(2A) For the purposes of exercising the powers conferred on it by subsection (2), the Electoral Commission may require a political party to supply to it a list of the party's current financial members within any reasonable time that the Electoral Commission specifies.

(3) Where the Electoral Commission cancels the registration of any political party, it shall, as soon as reasonably practicable, and in any event not later than 10 working days after the date of the cancellation,—

• (a) Give, where the cancellation was effected under subsection (1) of this section, written notice of the cancellation to both the applicant for cancellation and the Secretary of the political party:

• (b) Give, where the cancellation was effected under subsection (2) of this section, written notice of the cancellation to the Secretary or the last-known Secretary of the political party, which written notice shall set out the reasons for the cancellation:

• (c) Cause notice of the cancellation to be published in the Gazette.

(1) The Electoral Commission shall cancel the registration of the logo of a political party at the request of one of the persons specified in section 63A(1) of this Act if satisfied that the request for cancellation is made by the applicant on behalf of the party.

(1A) The provisions of section 64, with any necessary modifications, apply to every request under subsection (1).

(2) The Electoral Commission shall cancel the registration of the logo of a political party on being satisfied that the use of the logo by that political party constitutes an infringement of an intellectual property right or a breach of an enactment.

(3) Where the Electoral Commission cancels the registration of the logo of any political party, it shall, as soon as reasonably practicable, and in any event not later than 10 working days after the date of the cancellation,—

• (a) Give written notice of the cancellation to—

  • (i) The applicant; and

  • (ii) The Secretary of the political party; and

  • (iii) The Chief Electoral Officer; and

• (b) Cause notice of the cancellation to be published in the Gazette.

(4) The Electoral Commission shall give, in the written notice of cancellation, the reasons for the cancellation.

Every political party that is for the time being registered under this Part of this Act shall ensure that provision is made for participation in the selection of candidates representing the party for election as members of Parliament by—

• (a) Current financial members of the party who are or would be entitled to vote for those candidates at any election; or

• (b) Delegates who have (whether directly or indirectly) in turn been elected or otherwise selected by current financial members of the party; or

• (c) A combination of the persons or classes of persons referred to in paragraphs (a) and (b) of this section.

The secretary of any political party registered under this Act must ensure that the Electoral Commission receives by 30 April in each year a declaration made by the secretary in the manner provided by section 9 of the Oaths and Declarations Act 1957, which declaration must—

• (a) state that the party intends, at general elections,

  • (i) to submit a list of candidates under section 127; or

  • (ii) to have 1 or more constituency candidates stand for the party or for a related political party; or

  • (iii) both; and

• (b) state whether the party has at least 500 current financial members who are eligible to enrol as electors.

(1) The secretary of any political party registered under this Act must supply the Electoral Commission with the following:

• (a) a copy of the rules governing membership of the party:

• (b) a copy of the rules governing the selection of persons to represent that party as candidates for election as members of Parliament:

• (c) a copy of any changes to the rules referred to in paragraph (a) or paragraph (b).

(2) The copies required by subsection (1)(a) and (b) must be supplied within 1 month after notice of the registration of the party is notified in the Gazette in accordance with section 67(1)(c).

(3) The copies required by subsection (1)(c) must be supplied within 1 month after the date on which the changes to the rules are adopted by the party.

(4) Members of the public are entitled to inspect the documents supplied to the Electoral Commission under this section. They may inspect them, without payment, at any time between 9.00 am and 4.00 pm on any day on which the office of the Electoral Commission is open.

(1) Subject to the provisions of this section, the place where a person resides within New Zealand at any material time or during any material period shall be determined for the purposes of this Act by reference to the facts of the case.

(2) For the purposes of this Act, a person can reside in one place only.

(3) A person resides at the place where that person chooses to make his or her home by reason of family or personal relations, or for other domestic or personal reasons.

(4) Where the property on which a person's home is located is divided between 2 or more electoral districts, that person shall,—

• (a) If his or her dwelling is located wholly within one of those electoral districts, be deemed to reside in that electoral district; or

• (b) In any other case, be deemed to reside in the electoral district in which is located—

  • (i) The front door or other main entrance of his or her dwelling; or

  • (ii) Where his or her dwelling is an apartment, the front door or other main entrance of the building in which the apartment is situated.

(5) A person who is detained in any prison or hospital by virtue of any enactment shall not, by reason only of that detention, be treated for the purpose of subsection (3) of this section as residing there.

(6) The place where, for the purposes of this Act, a person resides shall not change by reason only of the fact that the person—

• (a) Is occasionally or temporarily absent from that place; or

• (b) Is absent from that place for any period because of his or her service or that of his or her spouse, civil union partner, or de facto partner as a member of Parliament; or

• (c) Is absent from that place for any period because of his or her occupation or employment or that of his or her spouse, civil union partner, or de facto partner; or

• (d) Is absent from that place for any period because he or she, or his or her spouse, civil union partner, or de facto partner, is a student,—

even if such absence involves occasional or regular residence at another place or other places.

(7) Except as provided in subsection (8) of this section, a person who has permanently left his or her former home shall be deemed not to reside at that place, notwithstanding that his or her home for the time being is temporary only.

(8) A New Zealand citizen who is outside New Zealand shall be deemed to reside where he or she had his or her last home in New Zealand; but nothing in this subsection shall affect the application of section 80(1)(a) of this Act for the purpose of determining the qualification of any person for registration as an elector.

(9) Notwithstanding anything in this section, a person who is residing on, or has resided on, Campbell Island or Raoul Island and who, before residing on Campbell Island or Raoul Island resided in some other part of New Zealand, shall be deemed to reside, or to have resided, throughout that period of residence on Campbell Island or Raoul Island, in the place in New Zealand where that person had his or her last home before beginning residence on Campbell Island or Raoul Island.

(10) In the case of a person who is appointed to be a member of the Executive Council, or who is the spouse, civil union partner, or de facto partner of any person so appointed, the following provisions shall apply notwithstanding anything to the contrary in this section, namely,—

• (a) So long as he or she holds that office he or she shall be deemed to continue to reside at the place of residence in respect of which he or she was registered as an elector of an electoral district (in this subsection referred to as the original district), notwithstanding his or her absence therefrom at the seat of Government or otherwise, unless and until he or she duly applies for registration as an elector of another electoral district of which he or she is, apart from the provisions of this paragraph, qualified to be an elector:

• (b) Upon being registered as an elector of the other district pursuant to an application as aforesaid, the applicant shall cease to be entitled to continue to be registered under this subsection as an elector of the original district.

(11) A person whose home is on any ship, boat, or vessel permanently located in any harbour shall be deemed to reside in the electoral district in which the wharf or landing place or the main wharf or landing place in the harbour is situated. If any question arises under this subsection as to the district in which the wharf or landing place or main wharf or landing place in any harbour is situated, it shall be determined by the Representation Commission.

For the purposes of this Act, a person is a permanent resident of New Zealand if, and only if, that person—

• (a) Resides in New Zealand; and

• (b) Is not—

  • (i) A person to whom section 7 of the Immigration Act 1987 applies; or

  • (ii) A person obliged, by or pursuant to the Immigration Act 1987, to leave New Zealand immediately or within a specified time; or

  • (iii) Deemed for the purposes of the Immigration Act 1987 to be in New Zealand unlawfully.

(1) Subject to the provisions of this Act, every adult person is qualified to be registered as an elector of an electoral district if—

• (a) That person is—

  • (i) A New Zealand citizen; or

  • (ii) A permanent resident of New Zealand; and

• (b) That person has at some time resided continuously in New Zealand for a period of not less than one year; and

• (c) That electoral district—

  • (i) Is the last in which that person has continuously resided for a period equalling or exceeding one month; or

  • (ii) Where that person has never resided continuously in any one electoral district for a period equalling or exceeding one month, is the electoral district in which that person resides or has last resided.

(2) Where a writ has been issued for an election, every person—

• (a) Who resides in an electoral district on the Monday before polling day; and

• (b) Who would, if he or she continued to reside in that electoral district until the close of polling day, have continuously resided in that electoral district for a period equalling or exceeding one month,—

shall (whether or not he or she does so continue to reside in that electoral district) be deemed, for the purposes of subsection (1)(c) of this section, to have completed on that Monday a period of one month's continuous residence in that electoral district.

(1) Subject to subsection (2) of this section, a person shall not be entitled to be registered as an elector of more than one electoral district.

(2) Where an elector is qualified to be registered as an elector of an electoral district, his or her registration as an elector of that district shall not be invalid by reason only of the fact that at the time of that registration he or she was registered as an elector of a district for which he or she was not, or was no longer, qualified to be registered.

(3) Notwithstanding that the validity of the registration of an elector of an electoral district is preserved by subsection (2) of this section, for the purposes of section 60 of this Act, such an elector is not qualified, by virtue of that registration, to vote at an election unless, when the elector votes, he or she is no longer registered as an elector of another electoral district.

(1) Subject to this section and to sections 77 to 79 of this Act, a Maori who possesses the qualifications prescribed in that behalf by this Act shall have the option of being registered either as an elector of a Maori electoral district or as an elector of a General electoral district.

(2) Every such option shall be exercised—

• (a) At the time the Maori first qualifies and applies to be registered as an elector of any electoral district; or

• (b) In the case of a Maori who was not registered as an elector of any electoral district on the first day of the period last specified in a notice published under section 77(2) of this Act, on the first subsequent application for registration as an elector; or

• (c) In any other case, in accordance with section 77 or section 78 of this Act.

(1) Every elector who is a Maori may exercise periodically, in accordance with this section, the option given by section 76(1) of this Act.

(2) The Minister shall, in accordance with this section, specify from time to time, by notice in the Gazette, a period of 4 months during which any Maori may exercise the option given by section 76(1) of this Act.

(3) The Minister shall, as soon as practicable after the commencement of this section, and in accordance with section 269(2) of this Act, publish the first notice under subsection (2) of this section.

(4) Subject to subsections (3) and (5) of this section and to section 269(2) of this Act, the Minister shall, in every year that a quinquennial census of population is taken, but in no other year, publish a notice under subsection (2) of this section.

(5) Notwithstanding subsection (4) of this section, where a Parliament is due to expire in a year in which a quinquennial census of population is to be taken, the Minister shall not, in that year, publish a notice under subsection (2) of this section, but shall instead, in the year following the year in which the quinquennial census of population is taken, publish such a notice.

(6) For the purpose of enabling the Government Statistician to calculate the Maori electoral population, the Chief Registrar shall, as soon as practicable after the last day of each period specified in a notice published under subsection (2) of this section, supply to the Government Statistician—

• (a) The total number of persons registered as electors of the Maori electoral districts as at the close of that last day; and

• (b) The total number of persons registered as electors of the General electoral districts, who, as at the close of that last day, are recorded as having given written notice to the Registrar that they are persons of New Zealand Maori descent and.

• (c) the total number of persons whose names are shown on the dormant rolls maintained under section 109 for the Maori electoral districts; and

• (d) the total number of persons whose names are shown on the dormant rolls maintained under section 109 for General electoral districts who are recorded as having given written notice that they are persons of New Zealand Maori descent.

(1)  Every Maori who is registered as an elector on the first day of any period specified in a notice published under section 77(2) of this Act may exercise once in that period the option given by section 76(1) of this Act.

(2) In each period specified in a notice published under section 77(2) of this Act, the Registrar shall send by post on the first day of that period a notice in the form prescribed for the purposes of this section to—

• (a) Every person registered as an elector of a Maori electoral district; and

• (b) Every person registered as an elector of a General electoral district who has given written notice to the Registrar that that person is of New Zealand Maori descent.

(3) Every Maori—

• (a) Who is registered as an elector on the first day of the period in which the notice is sent under subsection (2) of this section; and

• (b) Who—

  • (i) Being registered as an elector of a Maori electoral district wishes to be registered as an elector of a General electoral district; or

  • (ii) Being registered as an elector of a General electoral district wishes to be registered as an elector of a Maori electoral district,—

shall indicate his or her choice on the prescribed form, sign and date it, and return it to the Registrar.

(3A) If a Maori who wishes to exercise the option given by section 76(1) is physically disabled or is outside New Zealand, the form may be signed on his or her behalf—

• (a) by a donee of a power of attorney from the person, which donee must indicate on the form that the person is a physically disabled person or is outside New Zealand, as the case may be; or

• (b) by a registered elector who signs and returns by direction of the person and who indicates on the form—

  • (i) that the person is a physically disabled person or is outside New Zealand, as the case may be; and

  • (ii) that the form is being signed and returned by direction of the person.

(4) The Registrar, on receipt of any duly completed form, shall send the form to the Registrar in whose district the elector resides.

(5) Every duly completed form received by a Registrar pursuant to subsection (4) of this section shall be deemed, for the purposes of the definition of the term electoral roll in section 3(1) of this Act and for the purposes of sections 89, 98, and 103 of this Act, to be an application for registration as an elector and shall be treated accordingly.

(6) No elector shall, by reason only of a failure to return a form sent to him or her under subsection (2) of this section, have his or her name removed from the electoral roll.

(7) Every Maori who is registered as an elector of a Maori electoral district on the first day of any period specified in a notice published under section 77(2) of this Act and who fails to exercise in that period the option given by section 76(1) of this Act shall be deemed to have exercised his or her option to register as an elector of a Maori electoral district.

(8) Every Maori who is registered as an elector of a General electoral district on the first day of any period specified in a notice published under section 77(2) of this Act and who fails to exercise in that period the option given by section 76(1) of this Act shall be deemed to have exercised his or her option to register as an elector of a General electoral district.

(9) Where a document by which the option given by section 76(1) of this Act may be exercised, being a notice in the form prescribed for the purposes of this section or an application for registration, is received by the Registrar by post after the end of a period specified in a notice published under section 77(2) of this Act but not later than noon on the day after the last day of that period, that document shall be deemed to have been received in that period, and the elector shall, if the document is otherwise in order, be deemed to have exercised the option given by section 76(1) of this Act in that period.

(10) Where the Registrar receives, in a period specified in a notice published under section 77(2) of this Act, a document by which the option given by section 76(1) of this Act may be exercised but which does not comply with requirements concerning the signing or dating of that document or the particulars that it must contain, the Registrar may treat the document as being in accordance with those requirements before the end of that period if the non-compliance is remedied within 6 days after the end of that period.

(11) For the purposes of this section, a person registered as an elector includes a person of or over the age of 17 years who has had an application under section 82(2) to register as an elector accepted as being in order.

Except as provided in sections 76 to 78 of this Act,—

• (a) No Maori may transfer from a General electoral roll to a Maori electoral roll or vice versa:

• (b) No Maori whose name has been removed from an electoral roll or who ceases to be qualified as an elector of an electoral district may be registered as an elector for a different type of electoral district.

(1) The following persons are disqualified for registration as electors:

• (a) A New Zealand citizen who (subject to subsection (3) of this section) is outside New Zealand and has not been in New Zealand within the last 3 years:

• (b) A permanent resident of New Zealand (not being a New Zealand citizen) who (subject to subsection (3) of this section) is outside New Zealand and has not been in New Zealand within the last 12 months:

• (c) a person who is detained in a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or in a secure facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, and to whom 1 of the following applies:

  • (i) the person has been found by a Court or a Judge to be unfit to stand trial within the meaning of the Criminal Procedure (Mentally Impaired Persons) Act 2003, or has been acquitted on account of his or her insanity, and (in either case) is detained under an order or direction under section 24 or section 31 or section 33 of that Act or under the corresponding provisions of the Criminal Justice Act 1985 and has been so detained for a period exceeding 3 years:

  • (ii) the person has been found by a Court, on conviction of any offence, to be mentally impaired, and is detained under an order made under section 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 or section 118 of the Criminal Justice Act 1985, and has been so detained for a period exceeding 3 years:

  • (iii) the person is subject to, and has for a period exceeding 3 years been subject to, a compulsory treatment order made following an application under section 45(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or a compulsory care order made following an application under section 29(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003:

  • (iv) the person is detained under section 46 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, and is a person to whom paragraph (d) would otherwise apply:

• (d) A person who, under—

  • (i) A sentence of imprisonment for life; or

  • (ii) A sentence of preventive detention; or

  • (iii) A sentence of imprisonment for a term of 3 years or more,—

  is being detained in a prison:

• (e) A person whose name is on the Corrupt Practices List made out for any district.

(2) The Registrar of the Court in which any compulsory treatment order or any order under section 24 or section 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 is made or any person is convicted of a corrupt practice shall, not later than the 5th day of the month next succeeding the date of the order or conviction, forward to the Registrar of Electors of the electoral district in which the patient or offender was residing a certificate showing the name, place of abode, and description of the patient or offender and particulars of the order or conviction.

(3) Nothing in subsection (1)(a) or (b) of this section applies to—

• (a) A person, being—

  • (i) A public servant or a member of the Defence Force; or

  • (ii) A head of mission or head of post within the meaning of the Foreign Affairs Act 1988, who is outside New Zealand in the course of that person's duties; or

  • (iii) An officer or employee of New Zealand Trade and Enterprise established by the New Zealand Trade and Enterprise Act 2003; or

• (b) A person who—

  • (i) Is accompanying a person described in subparagraph (i) or subparagraph (ii) or subparagraph (iii) of paragraph (a) of this subsection who is outside New Zealand in the course of that person's duties; and

  • (ii) is the spouse, civil union partner, de facto partner, or child of the person referred to in subparagraph (i), or the child of the spouse, civil union partner, or de facto partner of that person.

(1) Where a person who has been sentenced to imprisonment is received into a prison in which that person is to serve the whole or part of the sentence, the prison manager of that prison shall, not later than the 7th day after the day on which the prisoner is received into the prison, forward to the Chief Registrar of Electors a notice—

• (a) Showing the name, previous residential address, and date of birth of that person; and

• (b) Showing the name and address of the prison; and

• (c) Indicating whether the provisions of section 80(1)(d) of this Act apply to that person.

(2) The Chief Registrar of Electors shall, on receiving a notice under subsection (1) of this section, forward a copy of that notice to the appropriate Registrar of Electors.

(1) Every person qualified to be registered as an elector of any electoral district shall, if he or she is in New Zealand, make application in the prescribed form to a Registrar of Electors for registration as an elector—

• (a) Within one month after the date on which he or she first becomes qualified to be registered as an elector; and also

• (b) Within 1 month after the date on which he or she ceases to be registered as an elector by reason of the inclusion of his or her name on the dormant roll under section 83C; and also

• (c) Within one month after the date on which, following a change in his or her place of residence from the electoral district to another, he or she first becomes qualified to be registered as an elector of that other electoral district.

(2) Notwithstanding anything in subsection (1)(a) of this section, any person of or over the age of 17 years may make application in the prescribed form to a Registrar of Electors for registration as an elector, and that person shall, upon attaining the age of 18 years, be registered as an elector without any further application.

(3) Every person qualified to be registered as an elector of any electoral district may, if he or she is outside New Zealand, make application in the prescribed form to a Registrar of Electors for registration as an elector of that district at any time.

(4) Where a Maori is qualified to be registered as an elector of both a Maori electoral district and a General electoral district, this section shall apply with respect to only one of those districts, being the district in respect of which he or she has exercised his or her option under section 76 of this Act.

(5) Where it appears to the Registrar that an applicant is qualified to be registered as an elector of another electoral district, the Registrar shall forthwith send the application to the Registrar of that district.

(6) Every person commits an offence against this section who, being required by this section to apply for registration as an elector during any period, knowingly and wilfully fails to so apply.

(7) No person who applies for registration as an elector shall be liable to prosecution for an earlier failure to apply for registration as an elector.

(8) Every person who commits an offence against this section shall be liable on summary conviction to a fine not exceeding $100 on a first conviction, and to a fine not exceeding $200 on any subsequent conviction.

(9) Notwithstanding anything in subsections (1) to (7) of this section or in section 72(9) of this Act, no person is required to apply for registration as an elector while that person is living on Campbell Island or Raoul Island.

(1) Every Registrar must, at the times required by or under this section, direct an inquiry to be made concerning the particulars on the roll of every person registered as an elector of the district.

(2) An inquiry must be made,—

• (a) where practicable, within the period of 12 months ending with the day on which a Parliament is due to expire; and

• (b) at any other time directed by the Chief Registrar.

(3) In any year in which a triennial general election of members of any local authority must be held under the Local Electoral Act 2001, every Registrar of a district that is, in part or in whole, within the local government area of a local authority must direct an inquiry to be made concerning the particulars on the roll of every person who—

• (a) is registered as an elector of that district; and

• (b) appears from those particulars to reside within that local government area.

(4) If a roll that is not yet in force has been compiled under section 101(1), the inquiry directed to be made under this section must be in respect of that roll.

(5) Every inquiry made under subsection (1) must—

• (a) be in the prescribed form; and

• (b) contain both the particulars on the roll of the elector to whom it is addressed and provision for the elector to make the changes to the information contained in the form; and

• (c) require the elector to return the form if any of those particulars have changed or are incorrect.

(6) For the purposes of this section,—

• (a) a person registered as an elector includes any person of or over the age of 17 years who has had an application under section 82(2) to register as an elector accepted as being in order; and

• (b) the particulars contained in the application to register are the particulars on the roll for that person.

(1) If, following an inquiry under section 83, the Registrar receives a form in which an elector notifies the Registrar that the elector has changed his or her place of residence and now resides in another electoral district,—

• (a) the Registrar must ensure that the form, or the information contained in the form, is transmitted to the Registrar for the new electoral district; and

• (b) the Registrar for the new electoral district must, as if the form were an application for registration, register that elector, in accordance with section 87, on the roll for the district in which the elector resides; and

• (c) the form is deemed to be an application for registration for the purposes of section 82; and

• (d) the Registrar for the old electoral district must, in accordance with section 98(1)(a), remove from his or her roll the name of the elector.

(2) If, following an inquiry under section 83, the Registrar receives a form from an elector that contains a change to any particulars other than a change of place of residence referred to in subsection (1), the Registrar must amend the roll in accordance with the information supplied.

(3) If the Registrar does not receive a form from an elector, or receives a form with no changes, that elector remains on the roll and his or her particulars on the roll remain unchanged.

(4) Subsections (1), (2), and (4) of section 85 apply, with all necessary modifications, to any form that is intended to be returned, or has been returned, in response to an inquiry under section 83.

If the Registrar receives, during an inquiry under section 83(1), or within 28 days before the commencement of an inquiry under that section, a duly completed application for registration as an elector,—

• (a) that application is deemed to be a completed form for the purposes of section 83; and

• (b) the Registrar must notify that elector that he or she will not receive a form of inquiry under section 83.

(1) This section applies if—

• (a) the Registrar is notified that an inquiry made under section 83(1) or a form sent under section 78(2) cannot be delivered to the elector to whom it is addressed because the whereabouts of the elector are not known; or

• (b) at any other time the elector cannot be contacted at the elector's address on the roll.

(2) If this section applies, the Registrar must—

• (a) make any inquiry as to the whereabouts of the elector that the Registrar thinks fit or that the Chief Registrar directs; and

• (b) if the Registrar is then unable to contact the elector, the Registrar must remove the name of the elector from the roll and include the name in the dormant roll maintained under section 109.

(1) This section applies if a Registrar has received advice under section 82(1)(c) or otherwise that an elector has changed his or her place of residence and now resides in an electoral district other than the district in respect of which the elector is registered.

(2) If the Registrar who receives the advice referred to in subsection (1) is the Registrar of the electoral district in which the elector now resides (the new Registrar), the new Registrar must inform the Registrar of the electoral district in respect of which the elector is registered (the old Registrar) of that information.

(3) If the old Registrar believes that at least 1 month has elapsed since the change in the elector's place of residence, the old Registrar must send the elector a request for confirmation of the elector's new place of residence.

(4) A request under subsection (3) must be in the prescribed form and must contain—

• (a) the particulars of the enrolment of the elector to whom it is addressed; and

• (b) the address of the elector's new place of residence; and

• (c) provision for the elector to make changes to the information in paragraph (a) or paragraph (b).

(5) An elector who receives a form under this section must, within the time stated by the Registrar, sign the form and return it to the old Registrar.

(6) If the old Registrar receives a form returned under subsection (5),—

• (a) the old Registrar must ensure that the form, or the information contained in the form, is transmitted to the new Registrar; and

• (b) the new Registrar must, as if the form were an application for registration, register that elector, in accordance with section 87, on the roll for the district in which the elector resides; and

• (c) the form is deemed to be an application for registration for the purposes of section 82; and

• (d) the old Registrar must, in accordance with section 98(1)(a), remove from his or her roll the name of the elector.

(7) Nothing in this section applies if a form is returned under section 83A(1).

(1) Subject to subsection (2) of this section, every person making any application or declaration in respect of registration as an elector shall sign or place his or her mark on the application or declaration.

(2) If a person making an application or declaration in respect of registration as an elector is physically disabled or is outside New Zealand, the application or declaration may be signed on his or her behalf—

• (a) by a donee of a power of attorney from the person, which donee must indicate on the application or declaration that the applicant is a physically disabled person or is outside New Zealand, as the case may be; or

• (b) by a registered elector who signs by direction of the person and who indicates on the application or declaration—

  • (i) that the person is a physically disabled person or is outside New Zealand, as the case may be; and

  • (ii) that the application or declaration is being signed and returned by direction of the applicant or declarant.

(3) The application or declaration must state, in respect of the person making the application or declaration,—

• (a) the person's surname or family name:

• (b) the person's full given or first names:

• (c) the place of residence in respect of which registration is claimed, which place of residence must be specified in a manner that enables it to be clearly identified:

• (d) the person's postal address, if different from the address given under paragraph (c):

• (e) the person's occupation (if any):

• (f) the person's date of birth:

• (g) the honorific (if any) by which the person wishes to be addressed:

• (h) whether or not the person is of New Zealand Maori descent:

• (i) any other particulars that are prescribed.

(4) The Registrar may reject any application or declaration that does not comply with subsection (1) or with any of the provisions of paragraphs (a), (b), (c), (f), and (i) of subsection (3).

(5) Where any applicant or declarant does not comply with subsection (3)(h), this Act shall apply as if the applicant or declarant had stated in that application or declaration that the applicant or declarant was not a person of New Zealand Maori descent and the applicant or declarant shall not be deemed, by reason of that failure, to have failed to comply with subsection (3) of this section.

(1) Where a person lacks, wholly or partly, the capacity to understand the nature of the decision to register as an elector, one of the persons listed in subsection (2) of this section may register that person as an elector by making an application in respect of that person in the prescribed form.

(2) The persons who may register, as an elector, a person to whom subsection (1) of this section applies are—

• (a) Any registered elector:

• (b) The welfare guardian appointed for that person under section 12(1) of the Protection of Personal and Property Rights Act 1988:

• (c) The attorney appointed by that person under an enduring power of attorney.

(3) Where a person described in subsection (2)(b) of this section registers, as an elector, a person to whom subsection (1) of this section applies, the first-mentioned person must state in the application that registration of the person as an elector is one of the aspects of the personal care and welfare of that person in relation to which the welfare guardian was appointed.

(4) Where a person described in subsection (2)(c) of this section registers, as an elector, a person to whom subsection (1) of this section applies, the first-mentioned person must state in the application that—

• (a) Registration as an elector of the person is one of the matters relating to the personal care and welfare of that person in relation to which the attorney is authorised to act under an enduring power of attorney; and

• (b) The occasion for the attorney to act has arisen under section 98(3) of the Protection of Personal and Property Rights Act 1988.

(5) A person described in subsection (2) who registers, as an elector, a person to whom subsection (1) applies may also, on behalf of that person,—

• (a) sign and return the form for the purposes of section 78(3); or

• (b) decide whether it is necessary to return a form sent to that person under section 83 and, if necessary, sign and return the form together with any corrections to the information contained in it; or

• (c) sign and return a form for the purposes of section 83D; or

• (d) sign and forward a statement for the purposes of section 97(3).

(6) Nothing in this section has the effect of extending the assistance that may be given to persons voting in accordance with section 170 of this Act.

(1) If the Registrar is satisfied that any applicant for registration as an elector (whether by transfer from another district, or otherwise) is qualified to be registered, he or she shall forthwith enter the name of the applicant on the roll.

(2) Where it appears to the Registrar that an applicant who is a Maori is prevented, by the manner in which he or she last exercised the option given by section 76 of this Act, from being registered as an elector of the district to which his or her application relates, the Registrar shall forthwith send the application to the Registrar of the district in respect of which the applicant is entitled to be registered and shall notify the elector of his or her reasons for refusing the application and of the Registrar to whom the application has been sent.

(3) Where an application for registration as an elector has been received before the issue of a writ and it has not been possible for the Registrar to ascertain, at the time of the issue of the writ, whether the applicant is currently registered as an elector of another electoral district, the Registrar shall, subject to subsection (4) of this section, include the name of the applicant on any main, supplementary, or composite roll printed as at writ day.

(4) Notwithstanding anything in this Act, where the Registrar has, under subsection (3) of this section, included the name of any person on any main, supplementary, or composite roll printed as at writ day, the Registrar shall, within 6 days after writ day determine, either—

• (a) To enter the name of the applicant on the electoral roll; or

• (b) To delete the name of the applicant from that main, supplementary, or composite roll.

(1) Where a writ has been issued requiring the conduct of an election in a district, then, subject to subsections (2) and (3) of this section, the Registrar shall 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 Registrar receives on or after polling day.

(2) For the purposes of subsection (1) of this section, an application for registration shall be deemed to have been received before polling day if—

• (a) The application or the envelope in which it is contained bears a postmark or date stamp impressed at any New Zealand Post outlet or agency before polling day; or

• (b) The applicant for registration produces a receipt which relates to the application and which was issued by any New Zealand Post outlet or agency before polling day.

(3) Where any person applies for registration after a writ has been issued requiring the conduct of an election in a district and before polling day,—

• (a) The Registrar shall, if the Registrar is satisfied that that person is qualified to be registered, forthwith enter the name of that person on the electoral roll; and

• (b) The Registrar shall not be required to enter the name of that person on the main roll or any supplementary roll or composite roll used at that election; and

• (c) That person may, at that election, vote only by way of a special vote.

The Registrar must, not later than 14 days after the registration of a person (including registration in accordance with section 83A(1)(b) or section 83D(6)(b) following a transfer from another district), deliver to that person personally, or send to that person by post, notice in writing of the registration.

(1) Every person who, while remaining resident within an electoral district, changes his or her place of residence within that district, shall, within 2 months after the date of the change of his or her place of residence, give a written notice to the Registrar of—

• (a) The change of place of residence; and

• (b) The address of the new place of residence.

(2) Where a person to whom subsection (1) of this section applies is both—

• (a) A person who lacks, wholly or partly, the capacity to understand the nature of the decision to register as an elector; and

• (b) A person in respect of whom a welfare guardian appointed for that person under section 12(1) of the Protection of Personal and Property Rights Act 1988 or an attorney appointed by that person under an enduring power of attorney holds office,—

the person holding office as that welfare guardian or the person holding office as that attorney shall, on behalf of the person to whom subsection (1) of this section applies, comply with subsection (1) of this section, and the person to whom subsection (1) of this section applies shall not be under any personal obligation to comply with that subsection.

(3) Every person commits an offence who knowingly and wilfully fails to comply with subsection (1) or subsection (2) of this section.

(4) Every person who commits an offence against this section shall be liable on summary conviction to a fine not exceeding $50 on a first conviction, and to a fine not exceeding $100 on any subsequent conviction.

A registered elector who has changed his or her place of residence within an electoral district as aforesaid shall not be disqualified from voting at an election in that district by reason only that he or she has not given notice of that change of address as required by section 90 of this Act.

(1) The Registrar-General of Births and Deaths must, as soon as is reasonably practicable after the registration of the death of any person of or over the age of 17 years, notify the information described in subsection (2) to the Chief Registrar of Electors.

(2) The information referred to in subsection (1) is the fact of the death, together with any particulars known to the Registrar-General of Births and Deaths that may be required to enable the Chief Registrar and Chief Electoral Officer—

• (a) to determine the electoral district in which the deceased person resided; and

• (b) to take appropriate steps in relation to the roll and other records.

(1) This section applies if a person to whom a notice of intended marriage under the Marriage Act 1955 or a notice of intended civil union under the Civil Union Act 2004 relates—

• (a) is registered as an elector of any district; or

• (b) is a person of or over the age of 17 years who has made an application under section 82(2) of this Act for registration as an elector of any district.

(2) The person referred to in subsection (1), or the other party to the intended marriage or civil union, must provide to the Registrar (within the meaning of section 2 of the Births, Deaths, and Marriages Registration Act 1995) the information requested by the Chief Registrar for the purposes of this section.

(3) The Chief Registrar may approve a form for the purposes of subsection (2).

(4) The Registrar (within the meaning of section 2 of the Births, Deaths, and Marriages Registration Act 1995) must transmit the information provided under subsection (2) to the Registrar for the district of which the person is registered as an elector.

(5) The Registrar who receives the information provided under subsection (2) must, after the date of the intended marriage or civil union, send by post to each of the parties to the intended marriage or civil union a notice inquiring whether, as a result of the marriage or civil union, any change is required in the name, address, and occupation under which he or she is or is to be registered on the roll.