Electoral Act 1993

80 Disqualifications for registration

(1)

The following persons are disqualified for registration as electors:

(a)

a New Zealand citizen who (subject to subsection (3)) 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)) 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 one 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 is detained in prison 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:

(e)

a person whose name is on the Corrupt Practices List made out for any district.

(1A)

For the purposes of subsection (1)(d)(iii) and sections 86A, 86AB, and 86B, 2 or more sentences of imprisonment for a fixed term that are at any time directed to be served cumulatively are to be treated as a single sentence of imprisonment for a term equal to the sum of the term of imprisonment of each sentence.

(2)

The Registrar of the court in which a compulsory treatment order or any order under section 24 or 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 is made or in which any person is convicted of a corrupt practice must, not later than the fifth day of the month following the date of the order or conviction, forward to the Electoral Commission a certificate showing—

(a)

the name, date of birth, place of abode, and description of the patient or offender; and

(b)

the particulars of the order or conviction.

(3)

Nothing in subsection (1)(a) or (b) 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) 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.

Compare: 1956 No 107 s 42; 1980 No 29 s 13(1); 1985 No 120 s 150(1); 1988 No 34 s 12(4); 1988 No 159 s 14(1); 1988 No 160 s 12(2)

Section 80(1)(c): substituted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 80(1)(d): replaced, on 30 June 2020, by section 5(1) of the Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 (2020 No 26).

Section 80(1A): inserted, on 30 June 2020, by section 5(2) of the Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 (2020 No 26).

Section 80(1A): amended, on 2 July 2020, by section 4 of the Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 (2020 No 34).

Section 80(2): replaced, on 21 March 2017, by section 21 of the Electoral Amendment Act 2017 (2017 No 9).

Section 80(3)(a)(iii): amended, on 1 July 2003, by section 84 of the New Zealand Trade and Enterprise Act 2003 (2003 No 27).

Section 80(3)(b)(ii): substituted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).