Electoral Act 1993

Maori representation

45 Maori representation

(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.

(2)

The Commission—

(a)

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

(b)

shall, in accordance with section 77(5), effect the second division under subsection (1) after the census taken in the year 1996; and

(c)

shall effect each subsequent division under subsection (1) only after each subsequent periodical census and on no other occasion.

(3)

Subject to section 269, each division effected under subsection (1) 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), 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), 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), 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), 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%.

(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, 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) or, in the case of the meeting called pursuant to section 269(4), 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 must include the offices of the Electoral Commission).

(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), 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) 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) 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) a quotient is obtained that requires the division of New Zealand into 1 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.

Compare: 1956 No 107 s 23; 1981 No 120 s 8(1); 1991 No 68 s 10

Section 45(8): substituted, on 17 December 1993, by section 11(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 45(9): substituted, on 17 December 1993, by section 11(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 45(9)(b)(iii): amended, on 21 March 2017, by section 13 of the Electoral Amendment Act 2017 (2017 No 9).