Electoral Act 1993

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Version as at 28 October 2021

Electoral Act 1993

Public Act		1993 No 87
Date of assent		17 August 1993
Commencement		see section 2

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.

	Title
1	Short Title
2	Commencement
3	Interpretation
3AA	Transitional, savings, and related provisions
3A	Meaning of election advertisement
3B	Meaning of regulated period
3C	Electoral Commission to publish details relating to regulated period
3D	Meaning of publish
3E	Meaning of advertising expenses
3EA	Meaning of party secretary
	Extraterritorial application
3F	Application of Act to conduct outside New Zealand
	Part 1 Electoral Commission
4	Electoral Commission [Repealed]
4A	Crown Entities Act 2004 to apply [Repealed]
4B	Electoral Commission
4C	Objective
4D	Membership of Electoral Commission
4E	Appointment of Judge as member not to affect tenure, etc
4F	Resignation of member
4G	Power to remove or suspend members
4H	Filling of vacancy
4I	Deputy Electoral Commissioners
4J	Proceedings of Electoral Commission
5	Functions
6	Powers of Electoral Commission
7	Independence
8	Electoral Commission must report on general election
9	Electoral Commission may delegate functions or powers to electoral officials engaged by Commission
9A	Ownership of intellectual property developed by delegates of functions or powers
10	Term of office [Repealed]
11	Vacation of office of additional members who hold office for purposes of jurisdiction under Part 6 of Broadcasting Act 1989 [Repealed]
11A	Appointment of deputies [Repealed]
11B	Status of deputies [Repealed]
11C	Protection from civil liability [Repealed]
12	Delegation of Commission’s powers [Repealed]
13	Procedure [Repealed]
14	Proceedings of Electoral Commission [Repealed]
15	Annual report [Repealed]
	Part 2 Officers
16	Clerk of the Writs [Repealed]
17	Deputy Clerk of the Writs [Repealed]
18	Chief Electoral Officer [Repealed]
19	Deputy Chief Electoral Officer [Repealed]
20	Electoral officials [Repealed]
20A	Electoral officials under direction of Electoral Commission
20B	Designation of Returning Officers
20C	Returning Officers may delegate functions, duties, or powers
20CA	Powers of delegate
20CB	Effect of delegation on Returning Officer
20CC	Revocation of delegations
20D	State sector agencies to assist with administration of elections
21	Chief Registrar of Electors [Repealed]
22	Registrar of Electors
23	Appropriation of expenses of New Zealand Post Limited [Repealed]
24	Employees appointed by Chief Electoral Officer [Repealed]
25	General provision as to Returning Officers
26	Returning Officer to make declaration
	Part 3 The House of Representatives
27	Members of Parliament
	Representation Commission
28	Representation Commission
29	Term of office
30	Extraordinary vacancies
31	Remuneration and travelling allowances
32	Deputies of appointed members
33	Deputies of ex officio members
34	Submissions
35	Division of New Zealand into General electoral districts
36	Allowance for adjustment of quota
37	Classification of electoral districts for purposes of pay or allowances
38	Notice of proposed boundaries and classification
39	Communications to officials
40	Report of Commission
41	Report and maps to be laid before House of Representatives
42	Indexes of streets and places
43	Proceedings of Commission
44	Commissioner not eligible as member of House of Representatives
	Maori representation
45	Maori representation
	Chatham Islands
46	Electoral districts for and polling in Chatham Islands
	Qualifications of candidates and members
47	Registered electors may be members, unless disqualified
47A	Certain persons disqualified from candidacy
48	Offence for public servant or Returning Officer to sit [Repealed]
49	Candidate not disqualified if name removed from roll without cause
50	Effect of registration on wrong roll
51	Member ceasing to be elector
52	Candidacy and election of State servants
53	Members disqualified from being State servants
	Term of office of member of Parliament
54	Term of office of member of Parliament
	Vacancies
55	How vacancies created
55AA	Dual or multiple citizenship permissible in certain circumstances
55AAB	Purpose of sections 55A to 55E
55A	Member of Parliament ceasing to be parliamentary member of political party
55B	Notice from member of Parliament
55C	Notice from parliamentary leader of political party
55D	Form of statement to be made by parliamentary leader
55E	Definitions
55A	Member ceasing to be parliamentary member of political party [Expired]
55B	Notice from member [Expired]
55C	Notice from parliamentary leader of party [Expired]
55D	Form of statement to be made by parliamentary leader [Expired]
55E	Definitions [Expired]
56	Member becoming mentally disordered
57	Registrar of court to notify cause of vacancy in certain cases
58	Registrar of Births and Deaths to notify Speaker of death of member
59	No person to be candidate for more than 1 district or on more than 1 list
	Persons qualified to vote
60	Who may vote
61	Special voters
	Part 4 Registration of political parties and party logos
	Subpart 1—Registration of political parties
62	Register of Political Parties
63	Application for registration
63A	Application fee
64	Times when registration prohibited
65	Parties with certain names not to be registered
65A	Certain logos not to be registered [Repealed]
66	Other grounds on which registration may be refused
67	Registration
67AA	Vacancies in position of party secretary
67A	Registration of party logos [Repealed]
68	Inspection of Register
68A	Inspection of party logos [Repealed]
69	Changes to Register of Political Parties
69A	Changes to party logos [Repealed]
70	Cancellation of registration
70A	Cancellation of registration of party logo [Repealed]
71	Requirement for registered parties to follow democratic procedures in candidate selection
71A	Obligation to provide annual declaration regarding party
71B	Obligation to provide copy of party membership rules and candidate selection rules
	Subpart 2—Registration of party logos
71C	Application for registration of party logo
71D	Grounds on which registration refused
71E	Times when registration of party logos prohibited
71F	Registration of party logos
71G	Inspection of party logos
71H	Changes to party logos
71I	Cancellation of registration of party logo
	Part 5 Registration of electors
72	Rules for determining place of residence within New Zealand
73	Meaning of permanent resident of New Zealand
	Qualification of electors
74	Qualification of electors
75	Registration in respect of more than 1 electoral district
76	Maori option
77	Periodic exercise of Maori option and determination of Maori population
78	Exercise of Maori option
79	Restriction on transfer between General and Maori electoral rolls
80	Disqualifications for registration
81	Prison manager to forward to Electoral Commission details of prisoners disqualified for registration
	Registration
82	Compulsory registration of electors
83	Application for registration
83A	Procedure following inquiry under section 83 [Repealed]
83B	No form of inquiry required if application for registration as elector received [Repealed]
83C	Elector who cannot be contacted to be included in dormant roll [Repealed]
83D	Transfer of electors between electorates [Repealed]
84	Registration of persons outside New Zealand
85	Registration of persons who have physical or mental impairment
86	Representatives
86A	Registration of prisoners serving sentence of imprisonment of less than 3 years
86AB	Registration of prisoners released after serving sentence of imprisonment of 3 years or more
86B	Prison manager to collect and send enrolment information to Electoral Commission
86C	Enrolment information received from prison manager treated as application for registration
86D	Delegation of prison manager’s functions under sections 86A, 86AB, and 86B
86E	Prison manager to communicate with prisoner in way prisoner can understand
87	Procedure if immigration status means applicant apparently not qualified to be registered
88	Applications received after issue of writ
89	Procedure following application for registration
89A	Notice of registration
	Change of address
89B	Elector must give notice of change of place of residence within electoral district
89C	Elector must give notice of change of place of residence to different electoral district
	Updating of electoral rolls
89D	Inquiry to be made to update electoral rolls
89E	No inquiry required if application for registration as elector received
89F	Procedure following inquiry under section 89D
89G	Elector who cannot be contacted to be included in dormant roll
	Changes of address [Repealed]
90	Changes of address to be notified [Repealed]
91	Effect of failure to notify change of address [Repealed]
	Death of registered elector
92	Notification of death of registered elector
	Marriage or civil union of registered elector
93	Notification of marriages and civil unions
	Change of name of registered elector
94	Notification of change of name
	Confirmation of change of name, address, or other particulars
94A	Confirmation of change of name, address, or other particulars
	Objections to registration
95	Elector’s objection
95A	Notice of elector’s objection
95B	Power to remove name from roll
95C	Power to retain name on roll
95D	Reference of elector’s objection to District Court
96	Electoral Commission’s objection
97	Procedure on reference of application or objection to District Court
	Removal of names from roll and alterations to roll
98	Removal of names from roll by Electoral Commission
99	Notice of alterations to roll
100	Corrupt Practices List
	Electoral rolls
101	Electoral rolls
102	Maintenance of rolls being replaced
103	Rolls where Parliament dissolved after change of boundaries and before new rolls completed
104	Main roll to be printed
105	Supplementary rolls to be printed
106	Form of main roll and supplementary rolls
107	Composite rolls
108	Habitation indexes
109	Dormant roll
110	Public inspection of rolls, etc
111	Inspection of rolls at hui
111A	Objectives of sections 111B to 111F
111B	Interpretation of terms in sections 111C to 111F
111C	Electoral Commission may seek consent of Maori electors to supply of information to designated body
111D	Electoral Commission may supply information to designated body
111E	Ministers of Justice and Maori Affairs may designate body to receive information
111F	Designated body may supply information from register of iwi affiliations to iwi organisation and other Maori organisation
112	Supply of information on age and Maori descent
113	Supply of computer-compiled lists and electronic storage media to local authorities
114	Supply of electoral information to candidates, political parties, and members of Parliament
114A	General provision concerning supply of information by Electoral Commission in electronic form
115	Unpublished names
	Offences
116	Offences relating to use of electoral information
117	Offences in respect of manipulating or processing electoral information
117A	Offence relating to misuse of electoral information supplied under section 111D
118	False statements
119	Wilfully misleading Electoral Commission
120	Duty to report suspected offences
121	Failure to deliver application
	Miscellaneous provisions
122	Assistance to be given to Electoral Commission
123	Copies of rolls, etc, for Returning Officer
124	Power to destroy records
	Part 6 Elections
	General elections
125	Writ for general election
126	Writs for general election [Repealed]
127	Election of list candidates
127A	Deposit by party secretary
128	Acceptance or rejection of lists by Electoral Commission
128A	Notice of change in component parties
128B	Electoral Commission must record and notify change in component parties
128C	Withdrawal of list of candidates
	By-elections for vacancies in seats of members representing electoral districts
129	By-elections for members representing electoral districts
130	When Governor-General to act for Speaker [Repealed]
131	Power to resolve in certain cases that by-election not be held
132	Writ for by-election [Repealed]
133	No writ to issue pending election petition
	Filling of vacancies in other seats
134	Supply of vacancy of seat of member elected from party list
135	When Governor-General to act for Speaker [Repealed]
136	Power to resolve in certain cases not to supply vacancy
137	Method of supplying vacancy
138	Filing of return
	Issue of writ
139	Contents of writ
140	Chief Registrar to be notified of writ [Repealed]
141	Returning Officer to be notified of writ [Repealed]
142	Electoral Commission to give public notice of polling day, nomination day, and nomination process
	Nominations
143	Nominations of candidates for electoral districts
144	Deposit by candidate
145	Acceptance or rejection of nomination
146	Withdrawal of nomination
	Bulk nomination of candidates by registered political parties
146A	Purpose of sections 146B to 146L
146B	Notice of intention to lodge bulk nomination
146C	Effect of notification of intention to lodge bulk nomination on nominations under section 143
146D	Bulk nomination of constituency candidates
146E	Bulk nomination schedule
146F	Deposit payable in respect of bulk nomination schedule
146G	Acceptance or rejection of bulk nomination schedule or nomination of candidate
146H	Amendment of bulk nomination schedule
146I	Withdrawal of bulk nomination schedule
146J	Withdrawal of nomination in bulk nomination schedule
146K	Replacement nomination if earlier nomination withdrawn or lapses
146L	Inspection of bulk nomination schedules and consents to nomination
	Advertisements
147	Advertisement of nomination and polling places
	Uncontested elections
148	Procedure where election not contested
	Elections
149	Poll to be taken
150	Form of ballot papers
151	Name of political party for constituency candidates
	Death or incapacity of candidate
151A	Interpretation
152	Death before close of nominations
152A	Incapacity of candidate before close of nominations
152B	Procedural provisions relating to making of application under section 152A(1)
152C	How application under section 152A to be dealt with
153	Death or incapacity of list candidate after submission of list
153A	Death or incapacity of constituency candidate after close of nominations and before polling day
153B	Death or incapacity of constituency candidate on polling day
153C	Death or incapacity of successful constituency candidate after close of poll and before declaration of result
153D	Application of equality of votes provisions if constituency candidate dies or becomes incapacitated after close of poll
153E	New election to be held if writ vacated
153F	Destruction of ballot papers if by-election interrupted
153G	Application for cancellation of nomination if candidate incapacitated after close of nominations
153H	How application under section 153G to be dealt with
	Candidates’ meetings
154	Use of public schoolrooms for election meetings
	Polling at elections
155	Power to appoint polling places
155A	Use of licensed premises as polling places
156	Use of public schools as polling places
157	Materials for polling places
158	Appointment of polling place officials
158A	Polling place officials under direction of Electoral Commission and Returning Officer
159	Exercise of powers and duties of polling place officials
159A	Interpreters
160	Scrutineers
161	Hours of polling
162	Employees to have time off to vote
	Voting
163	Ballot box to remain closed during poll
164	Persons not to remain in polling places
165	Voters not to be communicated with in polling place
166	Questions may be put to voters
167	Issue of ordinary ballot papers
168	Method of voting
169	Spoilt ballot papers
170	Blind, disabled, or illiterate voters
171	Procedure when second vote given in same name
	Special voting
172	Voting by special voters
173	Voting by special voters on Tokelau, Campbell Island, and Raoul Island, in Ross Dependency, and on fishing vessels [Repealed]
173A	Special voting by facsimile [Repealed]
	Preliminary count of votes
174	Preliminary count of votes cast in polling place
174A	Ballot papers, etc, to be compiled, certified, and sent to Returning Officer
174B	No preliminary count if fewer than 6 ordinary ballot papers issued
174C	Preliminary count of early votes
174D	Conditions for counting early votes before close of poll
174E	Maintenance of secrecy of count of early votes
174F	Scrutineers for count of early votes
174G	Offences in relation to count of early votes conducted before close of poll
	Scrutiny of the rolls
175	Scrutiny of the rolls
176	Marked copies of rolls to be compared
177	Parcels to be secured after scrutiny
	Official count and declaration of poll
178	Counting the votes
179	Declaration of result of poll
	Recount
180	Application to District Court Judge for recount
181	Application by political party for recount in every electoral district
182	Ability to combine recounts
183	Scrutineers for recounts and allocation of list seats
184	Ballot papers and certificate to be compared on recount
	Return of writ
185	Endorsement and return of writ
186	Electoral Commission may correct writ
	Disposal of ballot papers
187	Disposal of ballot papers, rolls, etc
188	Annotation of list of special voters
189	Disposal of packets
190	Papers taken from parcels as evidence in certain cases
	List seats
191	Election of other members
192	Determination of party eligibility for list seats
193	Selection of candidates
193A	Electoral Commission may correct list of members elected
	Maintenance of order at elections
194	Manager of polling place to maintain order
	Polling disruptions
195	Meaning of unforeseen or unavoidable disruption
195A	Adjournment of poll on polling day
195B	Alternative voting processes to respond to polling disruption
195C	Matters Chief Electoral Officer must have regard to when exercising discretion under section 195A or 195B
195D	Deferral of release of information about result of preliminary count of votes at polling place if close of poll delayed
195E	Interfering with or influencing voters at resumed poll
	Custody of ballot papers
196	Obligation of persons in possession of ballot papers
196A	Unlawful possession of ballot paper
	Offences at elections
197	Interfering with or influencing voters
197A	Interfering with or influencing advance voters
198	Power to remove statements, names, emblems, slogans, or logos
199	Recovery of expenses
199A	Publishing false statements to influence voters
200	Erasing and altering official mark on ballot paper
201	Offences in respect of ballot papers and ballot boxes
202	Property to be stated as being in Electoral Commission
203	Infringement of secrecy
204	Infringement of secrecy constitutes corrupt practice
	Part 6AA Election advertising
	Interpretation provisions
204A	Interpretation
	Subpart 1—General rules governing election advertisements
204B	Persons who may promote election advertisements
204C	Apportionment of advertising expenses for publication of election advertisement promoted by unregistered promoter both before and during regulated period
204D	Offence to avoid limit set out in section 204B(1)(d)
204E	Obligation to retain records necessary to verify promoter’s advertising expenses
204F	Election advertisement to include promoter statement
204G	Publication of candidate advertisement promoting candidate
204H	Publication of party advertisement promoting party
204I	Electoral Commission to provide advice on application of definition of election advertisement
204J	Duty of Electoral Commission to report suspected offences
	Subpart 2—Registered promoters
204K	Promoters eligible to be registered
204L	Application for registration
204M	Grounds on which application for registration must be refused
204N	Electoral Commission’s decision on application
204O	Obligation to notify Electoral Commission of change in contact details
204P	Cancellation of registration
204Q	Expiry of registration
204R	Establishment of register
204S	Purposes of register
204T	Form of register
204U	Alterations to register
204V	Register to be public
204W	Search of register
204X	When search constitutes interference with privacy of individual
	Part 6A Election expenses and donations
	Subpart 1—Election expenses of candidates
205	Interpretation and application
205A	Persons who may incur election expenses in relation to candidate advertisement
205B	Offence to incur unauthorised election expense
205C	Maximum amount of candidate’s total election expenses
205D	Apportionment of advertising expenses for publication of candidate advertisement both before and during regulated period
205E	Apportionment of election expenses of election advertisement between candidates
205EA	Apportionment of election expenses of election advertisement between candidate and party
205F	Offence to pay election expenses in excess of prescribed maximum
205G	Periods for claiming and paying candidate’s election expenses
205H	Procedure if claim disputed
205I	Leave to pay claim after time limitation
205J	Invoice and receipt required for election expenses of $50 or more
205K	Return of candidate’s election expenses
205L	Nil return
205M	Return may be filed after time limitation if candidate outside New Zealand
205N	Offences relating to return of candidate’s election expenses
205O	Obligation to retain records necessary to verify return of candidate’s election expenses
205P	Duty of Electoral Commission
205Q	Return of candidate’s election expenses to be sent by Chief Electoral Officer to Electoral Commission [Repealed]
205R	Return of candidate’s election expenses to be publicly available
205S	Unlawful use of public money not validated
	Subpart 2—Election expenses of parties
206	Interpretation
206A	Persons who may incur election expenses in relation to party advertisement
206B	Offence to incur unauthorised election expense
206C	Maximum amount of party’s total election expenses
206CA	Apportionment of advertising expenses for publication of party advertisement both before and during regulated period
206CB	Apportionment of election expenses of election advertisement between parties
206CC	Apportionment of election expenses of election advertisement between party and candidate
206D	Offence to pay election expenses in excess of prescribed maximum
206E	Periods for claiming and paying party’s election expenses
206F	Procedure if claim disputed
206G	Leave to pay claim after time limitation
206H	Invoice and receipt required for election expenses of $100 or more
206I	Return of party’s election expenses
206IA	Return of party’s allocation expenses
206J	Appointment of auditor for party
206K	Persons eligible to be appointed as auditor
206L	Auditor’s report on return of party’s election expenses
206LA	Auditor’s report on return of party’s allocation expenses
206M	Nil return
206N	Offences relating to return of party’s election expenses and return of party’s allocation expenses
206O	Obligation to retain records necessary to verify return of party’s election expenses
206P	Duty of Electoral Commission
206Q	Return of party’s election expenses and return of party’s allocation expenses to be publicly available
206R	Unlawful use of public money not validated
	Subpart 2A—Election expenses of registered promoters
206S	Interpretation
206T	Persons who may incur election expenses in relation to election advertisement promoted by registered promoter
206U	Offence to incur unauthorised election expense
206V	Maximum amount of registered promoter’s total election expenses
206W	Apportionment of advertising expenses for publication of election advertisement promoted by registered promoter both before and during regulated period
206X	Offence to pay election expenses in excess of prescribed maximum
206Y	Periods for claiming and paying registered promoter’s election expenses
206Z	Procedure if claim disputed
206ZA	Leave to pay claim after time limitation
206ZB	Invoice and receipt required for election expenses of $50 or more
206ZC	Return of registered promoter’s election expenses
206ZD	Electoral Commission may require auditor’s report on return of registered promoter’s election expenses
206ZE	Offences relating to return of registered promoter’s election expenses
206ZF	Obligation to retain records necessary to verify return of registered promoter’s election expenses
206ZG	Duty of Electoral Commission
206ZH	Return of registered promoter’s election expenses to be publicly available
	Subpart 3—General provisions relating to donations
207	Interpretation
207A	Donations and contributions include GST
207B	Donations to be transmitted to candidate or party secretary
207C	Contributors to be identified
207D	Offence relating to contravention of section 207C
207E	Identity of donor to be disclosed by transmitter, if known
207F	Offence relating to contravention of section 207E
207G	Disclosure of identity of donor
207H	Offence relating to contravention of section 207G
207I	Anonymous donations
207J	Offence relating to contravention of section 207I
207JA	Duty to ascertain whether donation from overseas person
207K	Overseas donation or contribution may not exceed $50
207L	Offence relating to contravention of section 207K
207LA	Offence relating to splitting party donation or contribution to party donation
207M	Records of candidate donations
207N	Records of party donations
207O	Duty of Electoral Commission in relation to donations
207P	Duty of Electoral Commission in relation to donations [Repealed]
	Subpart 4—Donations protected from disclosure
208	Interpretation
208A	Method of making donation protected from disclosure
208B	Limit on maximum amount of donations protected from disclosure
208C	Duty of Electoral Commission to provide advice on actual figures under section 208B
208D	Duties of Electoral Commission on receipt of donation
208E	Timing of payment to parties
208F	Offence of prohibited disclosure
208G	Duty of Electoral Commission to report
	Subpart 5—Disclosure of candidates’ donations
209	Return of candidate donations
209A	Nil return
209B	Offences relating to return of candidate donations
209C	Obligation to retain records necessary to verify return of candidate donations
209D	Return of candidate donations to be sent by Chief Electoral Officer to Electoral Commission [Repealed]
209E	Return of candidate donations to be publicly available
	Subpart 6—Disclosure of parties’ donations
210	Annual return of party donations
210A	Auditor’s report on annual return of party donations
210B	Nil return
210C	Return of party donation received from same donor exceeding $30,000
210D	Offences relating to return of party donations
210E	Obligation to retain records necessary to verify return of party donations
210F	Return of party donations to be publicly available
	Part 6B Loans
211	Application of this Part
	Subpart 1—General provisions relating to loans
212	Interpretation
213	Party secretary may enter into loan on behalf of party
214	Offence to enter into unauthorised loan
214A	Offence to enter into arrangement to circumvent section 213, 214C, or 214F
214B	Records of loans
214BA	Periods for claiming and paying expenses [Repealed]
214BB	Procedure if claim disputed [Repealed]
214BC	Leave to pay claim after time limited [Repealed]
214BD	Payments to be vouched by bill [Repealed]
	Subpart 2—Disclosure of loans
214C	Annual return of loans
214D	Auditor’s report on annual return of loans
214E	Nil return
214F	Return of loan provided by same lender exceeding $30,000
214G	Offences relating to return of party loans
214H	Duty of Electoral Commission
214I	Obligation to retain records necessary to verify return of party loans
214J	Return of party loans to be publicly available
214K	Obligation to file nil returns [Repealed]
214L	Obligation to retain records necessary to verify returns [Repealed]
	Part 7 Corrupt and illegal practices
	Corrupt practices
215	Personation
216	Bribery
217	Treating
218	Undue influence
	Illegal practices
219	Payments for exhibition of election notices
220	Providing money for illegal purposes
221	Advertisements for candidates and political parties [Repealed]
221A	Electoral advertisements
221B	Display of advertisement of a specified kind
222	Procurement of voting by unqualified voters
	General provisions
223	Cinematograph films
224	Punishment for corrupt or illegal practice
225	Persons charged with corrupt practice may be found guilty of illegal practice
226	Time limit for prosecutions
226A	Power to issue search warrants in respect of illegal practice [Repealed]
227	Punishment for disqualified person voting
228	Reversal of disqualification procured through perjury
	Part 8 Election petitions
229	Method of questioning election
230	Election petitions to High Court
231	Time for presentation of election petition
232	Security for costs
233	More than 1 petition relating to same election
234	Rules of court
	Trial of election petition
235	Court and place of trial
236	Trial of petition
237	Avoidance of election of candidate guilty of corrupt practice
238	Avoidance of election for general corruption
239	Votes to be struck off for corrupt practices
240	Real justice to be observed
241	Irregularities not to invalidate election
242	Decision of court to be final
243	Certificate of court as to result of election
243A	Orders to be made by court after determination under section 243 if list seats allocated
244	Report of court as to corrupt or illegal practices
245	Special report
246	Signature and effect of certificate and report
	Witnesses
247	Summons and examination of witnesses
248	Certificate of indemnity to witness
249	Expenses of witnesses
	Costs
250	Costs of petition
251	Costs payable by persons proved guilty of corrupt or illegal practices
	Withdrawal and abatement of petitions
252	Withdrawal of petition
253	Substitution of new petitioner
254	Report on withdrawal
255	Abatement of petition
	General provisions
256	Withdrawal and substitution of respondents before trial
257	Submission of report to Attorney-General
258	Electoral petitions to Court of Appeal
259	Time for presentation of an election petition to Court of Appeal
260	Matters excluded from challenge
261	Provisions applied
262	Certificate of court as to result of petitions
	Part 9 Miscellaneous provisions
263	Service of notices
263A	Disclosure of immigration information for matching purposes
263B	Disclosure of personal information for enrolment purposes
264	Review by select committee
265	Registrars of Electors exempt from court fees
266	Validation of irregularities
266A	Expenditure limits to be adjusted each year by Order in Council
267	Regulations
267A	Regulations relating to advertisement of a specified kind
267B	Requirements before Minister can recommend that regulations be made
268	Restriction on amendment or repeal of certain provisions
	Transitional provisions
269	Membership of Representation Commission
270	Electoral districts, electoral rolls, general elections, and by-elections
	Amendment to Constitution Act 1986
271	Term of Parliament
	Amendment to Civil List Act 1979
272	Questioned elections of members of Parliament
	Amendment to Remuneration Authority Act 1977
273	Officers whose remuneration is to be determined by Remuneration Authority
	Amendments to Local Elections and Polls Act 1976 [Repealed]
274	Residential electoral roll [Repealed]
275	Supply of information by Chief Registrar of Electors [Repealed]
276	Application for registration as parliamentary elector [Repealed]
277	Completion of roll [Repealed]
278	Amendments to roll [Repealed]
279	Roll for by-election or poll [Repealed]
280	Special voters [Repealed]
281	Election to fill extraordinary vacancy in local authority [Repealed]
	Amendment to Ombudsmen Act 1975 [Repealed]
282	Organisations to which Ombudsmen Act 1975 applies [Repealed]
	Amendments to Public Finance Act 1989 [Repealed]
283	Crown entities [Repealed]
	Repeals
284	Repeals
	Schedule 1AA Transitional, savings, and related provisions
	Schedule 1 Provisions relating to Electoral Commission
	Schedule 2 Forms
	Schedule 3 Enactments repealed
	Electoral Amendment Act 2009
	Electoral (Administration) Amendment Act 2010
	Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010
	Electoral (Finance Reform and Advance Voting) Amendment Act 2010
	Electoral (Administration) Amendment Act 2011
	Electoral Amendment Act 2014
	Notes

An Act to reform the electoral system and to provide, in particular, if the proposal for the introduction of the mixed member proportional system is carried at the referendum held under the Electoral Referendum Act 1993,—

(a)

for the introduction of the mixed member proportional system of representation in relation to the House of Representatives:

(b)

for the establishment of an Electoral Commission:

(c)

for the repeal of the Electoral Act 1956

1 Short Title

This Act may be cited as the Electoral Act 1993.

2 Commencement

(1)

If the Chief Electoral Officer makes, in accordance with section 19(5) of the Electoral Referendum Act 1993, a declaration that the proposal favouring the introduction of the proposed mixed member proportional system as provided in this Act is carried, Part 4 and Parts 6 to 9 and Schedules 2 and 3 shall, except as provided in subsection (2), come into force on 1 July 1994.

(2)

If the Chief Electoral Officer makes, in accordance with section 19(5) of the Electoral Referendum Act 1993, a declaration that the proposal favouring the introduction of the proposed mixed member proportional system as provided in this Act is carried, section 3 and Parts 1, 2, 3, and 5 and sections 267, 269, and 270 and Schedule 1 shall come into force on the day after the date on which that declaration is published in the Gazette.

(3)

(a)

section 3 and Parts 1 to 9 and Schedules 1, 2, and 3 shall not come into force; and

(b)

on 1 July 1994, this Act shall be deemed to be repealed.

(4)

Except as provided in subsections (1) to (3), this Act shall come into force on the day on which it receives the Royal assent.

Section 2(2): section 3, Parts 1–3 and 5, sections 267, 269, and 270, and Schedule 1brought into force, on 17 December 1993, by declaration in the Gazette 1993, p 3753.

3 Interpretation

(1)

In this Act, unless the context otherwise requires,—

adult—

(a)

means a person of or over the age of 18 years; but

(b)

where a writ has been issued for an election, includes, on or after the Monday immediately before polling day, a person under the age of 18 years if that person’s 18th birthday falls in the period beginning on that Monday and ending on polling day

approved electronic medium, in relation to the making of an application or the providing of any information, means an electronic medium approved by the Electoral Commission for the making of that application or the providing of that information

bribery has the meaning assigned to that term by section 216

by-election means any election other than a general election

candidate,—

(a)

Corrupt Practices List, in relation to any district, means the Corrupt Practices List made out for that district under section 100

costs includes charges and expenses

Crown means Her Majesty in respect of the Government of New Zealand

current financial member, in relation to a political party, means a member of the party—

(a)

whose membership of the party resulted from an application made by the member to join the party; and

(b)

who is, under the party’s rules, subject to an obligation to pay to the party a membership fee—

(i)

on becoming a member; and

(ii)

then at specified intervals of not more than 3 years; and

(c)

who has paid to the party every membership fee that has for the time being become payable by the member in accordance with those rules

district or electoral district or electorate means a General electoral district or a Maori electoral district constituted under this Act

election means an election of a member of the House of Representatives

election advertisement has the meaning given to it by section 3A

election expenses,—

(a)

in relation to a constituency candidate, has the meaning given to it by section 205:

(b)

in relation to a party that is registered under Part 4, has the meaning given to it by section 206

elector, in relation to any district, means a person registered, or qualified to be registered, as an elector of that district

Electoral Commission means the Electoral Commission established by section 4B

Electoral Commissioner or Commissioner means a member of the Electoral Commission

electoral official means any person that the Electoral Commission employs or engages for the purpose of assisting with the performance of its functions

electoral roll, in relation to any district, means, subject to sections 101 to 103, the forms of application for registration kept by the Electoral Commission of persons registered as electors of that district (including a form returned following an inquiry under section 89D)

eligible political party means a political party that has at least 500 current financial members who are eligible to enrol as electors

enduring power of attorney means a power of attorney described in section 95 of the Protection of Personal and Property Rights Act 1988

general election means an election that takes place after the dissolution or expiration of Parliament

General electoral district means an electoral district other than a Maori electoral district

General electoral population means total ordinarily resident population as shown in the last periodical census of population and dwellings with the exception of the Maori electoral population

Government means the Government of New Zealand

hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001

illegal practice means any act declared by this Act to be an illegal practice

issuing officer, in relation to a polling place, means the manager of the polling place or a person authorised, under section 158(3)(a), to issue ballot papers in the polling place

list candidate means any person whose name is specified in a party list submitted to the Electoral Commission under section 127

main roll, in relation to any district, means, subject to section 107, the main roll printed for the district and for the time being in force

manager, in relation to a polling place, means the person designated, under section 158(2), as the manager of the polling place

Maori means a person of the Maori race of New Zealand; and includes any descendant of such a person

Maori electoral district means an electoral district constituted under section 45

Maori electoral population means a figure representing both the persons registered as electors of the Maori electoral districts and a proportion of the persons of New Zealand Maori descent who are not registered as electors of any electoral district and a proportion of the persons of New Zealand Maori descent under the age of 18 years, which figure shall be fixed—

(a)

by ascertaining a proportion determined by dividing—

(i)

the total number of persons registered as at the close of the last day of the period specified in the last notice published under section 77(2) as electors of Maori electoral districts, and persons on the dormant rolls for Maori electoral districts; by

(ii)

the total number of persons of New Zealand Maori descent registered as at the close of the day referred to in subparagraph (i) as electors of either General electoral districts or Maori electoral districts, and persons on the dormant rolls for Maori electoral districts and General electoral districts; and

(b)

by applying the proportion ascertained under paragraph (a) to the total number of ordinarily resident persons of New Zealand Maori descent as determined by the last periodical census

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

member of the Defence Force means any person resident in New Zealand within the meaning of this Act who is for the time being a member of the New Zealand Defence Force constituted by section 11(1) of the Defence Act 1990; and includes any person so resident who is attached to, or employed by, or carries out duties of the New Zealand Defence Force which necessitate his or her being outside New Zealand

mental impairment, in relation to any person, means an impairment causing a person to lack, wholly or partly, the capacity to understand the nature of any decision about registering as an elector

meshblock means statistical meshblock

Minister means the Minister of Justice

nomination day, in relation to any election, means the day appointed in the writ for that election as the latest day for the nomination of candidates

party, in Parts 6AA, 6A, and 6B,—

(a)

means a political party registered under Part 4; and

(b)

includes a political party that at any time during the regulated period has been registered under Part 4

party advertisement means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to do either or both of the following:

(a)

to vote for a party (whether or not the name of the party is stated):

(b)

not to vote for a party (whether or not the name of the party is stated)

party secretary or secretary has the meaning given to it by section 3EA

permanent resident of New Zealand has the meaning assigned thereto by section 73

personation has the meaning assigned to that term by section 215

polling day, in relation to any election, means the day appointed in the writ for that election for the polling to take place if a poll is required

polling place official means a person appointed, under section 158(1), as an official for a polling place

prescribed means prescribed by this Act or by regulations made thereunder or (for the purposes of Part 8) by rules of court

prison means a prison established or deemed to be established under the Corrections Act 2004

prison manager has the same meaning as in section 3(1) of the Corrections Act 2004

public inspection period means, in relation to a return filed under sections 205K, 206I, 206ZC, 209, 210, 210C, 214C, and 214F, the period—

(a)

beginning 3 working days after the date of receipt by the Electoral Commission of the duly completed return; and

(b)

ending with the close of polling day for the second general election that takes place after the date of receipt by the Electoral Commission of the duly completed return

public money has the same meaning as in the Public Finance Act 1989

public notice or public notification means a notice printed in some newspaper circulating in the district intended to be affected by the notice

public place has the same meaning as in section 2 of the Summary Offences Act 1981

public servant—

(a)

an attorney appointed under an enduring power of attorney

residence and to reside have the meanings assigned thereto by section 72

Returning Officer means an electoral official designated under section 20B; and includes a person authorised to exercise or perform the powers, duties, or functions of a Returning Officer

roll means an electoral roll, a main roll, or a supplementary roll, as the case may be; and includes a composite roll printed under section 107

Speaker means—

(a)

the Speaker of the House of Representatives; or

(b)

if the Speaker of the House of Representatives is (for whatever reason) unable to act, the Deputy Speaker of the House of Representatives; or

(c)

if neither the Speaker of the House of Representatives nor the Deputy Speaker of the House of Representatives is (for whatever reason) able to act, an Acting Speaker of the House of Representatives who is able to act

special voter, in relation to any election, means a person qualified under this Act to vote as a special voter at that election

statement includes not only words but also pictures, visual images, gestures, and other methods of signifying meaning

supplementary roll, in relation to any district, means a supplementary roll printed for the district and for the time being in force

treating has the meaning assigned to that term by section 217

undue influence has the meaning assigned to that term by section 218

working day means any day of the week other than—

(a)

Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and

(ab)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(b)

a day in the period commencing with 25 December in any year and ending with 15 January in the following year

writ means a writ for an election issued under this Act

writ day, in relation to any election, means the day of the issue of the writ for that election.

A reference to a numbered form is a reference to the form so numbered in Schedule 2.

(2)

Where any person—

(a)

is appointed by the Crown, or the Government, or any department or agency of the Government to be a member of any commission, council, board, committee, or other body; or

(b)

is a member of any commission, council, board, committee, or other body of which any members receive any payment out of public money,—

he or she shall not by reason of that membership be deemed to be a public servant, whether or not he or she receives any travelling allowances or travelling expenses.

(3)

No person shall, by reason only of being a head of mission or head of post within the meaning of the Foreign Affairs Act 1988, be deemed to be a State servant within the meaning of section 52(1) or a public servant, whether or not that person receives any salary, allowances, or expenses.

Compare: 1956 No 107 s 2; 1975 No 28 s 6(2)(a), (b); 1979 No 12 s 3(a), (b); 1980 No 29 ss 2(1)–(4), 3(2), 5(2), (3); 1981 No 120 s 44(2); 1983 No 104 s 2(1); 1986 No 16 s 7(1); 1988 No 34 s 12; 1988 No 159 s 14(1); 1990 No 1 s 2(1), (3)–(6)

Section 3(1) anonymous: repealed, on 20 December 2007, by section 4(1) of the Electoral Amendment Act 2007 (2007 No 113).

Section 3(1) approved electronic medium: inserted, on 25 March 2014, by section 4 of the Electoral Amendment Act 2014 (2014 No 8).

Section 3(1) candidate: substituted, on 1 January 2011, by section 4(1) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 3(1) candidate advertisement: inserted, on 1 January 2011, by section 4(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 3(1) Chief Registrar: repealed, on 1 July 2012, by section 52(1) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 3(1) Clerk of the Writs: repealed, on 28 February 2002, by section 3(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 3(1) component party: inserted, on 6 December 1995, by section 2(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 3(1) corrupt practice: substituted, on 20 December 2007, by section 4(2) of the Electoral Amendment Act 2007 (2007 No 113).

Section 3(1) corrupt practice: amended, on 1 March 2009, by section 4(3) of the Electoral Amendment Act 2009 (2009 No 1).

Section 3(1) current financial member: inserted, on 28 February 2002, by section 3(4) of the Electoral Amendment Act 2002 (2002 No 1).

Section 3(1) Deputy Returning Officer: repealed, on 28 February 2002, by section 3(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 3(1) election advertisement: inserted, on 1 January 2011, by section 4(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 3(1) election expenses: substituted, on 1 March 2009, by section 4(2) of the Electoral Amendment Act 2009 (2009 No 1).

Section 3(1) election expenses paragraph (a): amended, on 17 August 2011, by section 4(1) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 3(1) election expenses paragraph (b): amended, on 17 August 2011, by section 4(2) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 3(1) Electoral Commission: substituted, on 1 October 2010, by section 5(1) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 3(1) Electoral Commissioner or Commissioner: substituted, on 1 October 2010, by section 5(2) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 3(1) electoral official: substituted, on 1 October 2010, by section 5(3) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 3(1) electoral roll: substituted, on 28 February 2002, by section 3(3) of the Electoral Amendment Act 2002 (2002 No 1).

Section 3(1) electoral roll: amended, on 21 March 2017, by section 4(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 3(1) electoral roll: amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 3(1) eligible political party: substituted, on 6 December 1995, by section 2(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 3(1) hospital: substituted, on 1 October 2002, by section 58(1) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

Section 3(1) illegal practice: substituted, on 20 December 2007, by section 4(3) of the Electoral Amendment Act 2007 (2007 No 113).

Section 3(1) illegal practice: amended, on 1 March 2009, by section 4(4) of the Electoral Amendment Act 2009 (2009 No 1).

Section 3(1) issuing officer: inserted, on 28 February 2002, by section 3(4) of the Electoral Amendment Act 2002 (2002 No 1).

Section 3(1) list candidate: inserted, on 1 March 2009, by section 4(2) of the Electoral Amendment Act 2009 (2009 No 1).

Section 3(1) list candidate: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 3(1) manager: inserted, on 28 February 2002, by section 3(4) of the Electoral Amendment Act 2002 (2002 No 1).

Section 3(1) Maori electoral population paragraph (a): substituted, on 28 February 2002, by section 3(5) of the Electoral Amendment Act 2002 (2002 No 1).

Section 3(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 3(1) mental impairment: inserted, on 25 March 2014, by section 4 of the Electoral Amendment Act 2014 (2014 No 8).

Section 3(1) mental institution: repealed, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

Section 3(1) New Zealand Post or New Zealand Post Limited: repealed, on 1 July 2012, by section 49 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 3(1) party: substituted, on 1 January 2011, by section 4(2) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 3(1) party: amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 3(1) party advertisement: inserted, on 1 January 2011, by section 4(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 3(1) party secretary or secretary: replaced, on 1 April 2020, by section 15 of the Electoral Amendment Act 2019 (2019 No 72).

Section 3(1) penal institution: repealed, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 3(1) polling place official: inserted, on 28 February 2002, by section 3(4) of the Electoral Amendment Act 2002 (2002 No 1).

Section 3(1) prison: inserted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 3(1) prison manager: inserted, on 30 June 2020, by section 4 of the Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 (2020 No 26).

Section 3(1) public inspection period: inserted, on 1 March 2009, by section 4(2) of the Electoral Amendment Act 2009 (2009 No 1).

Section 3(1) public inspection period: amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 3(1) public inspection period: amended, on 1 January 2011, by section 4(4) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 3(1) public inspection period paragraph (a): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 3(1) public inspection period paragraph (b): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 3(1) public servant paragraph (b)(i): substituted, on 3 May 1997, by section 5 of the State Sector Amendment Act 1997 (1997 No 8).

Section 3(1) public servant paragraph (b)(i): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Section 3(1) public servant paragraph (b)(iii): amended, on 1 October 2010, by section 5(4) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 3(1) public servant paragraph (ba): inserted, on 1 October 2010, by section 5(5) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 3(1) public servant paragraph (bb): inserted, on 1 October 2010, by section 5(5) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 3(1) public servant paragraph (d)(i): amended, on 16 December 2013, by section 66 of the Members of Parliament (Remuneration and Services) Act 2013 (2013 No 93).

Section 3(1) Registrar of Births and Deaths: inserted, on 28 July 1997, by section 7 of the Births, Deaths, and Marriages Registration Amendment Act 1997 (1997 No 35).

Section 3(1) Registrar of Births and Deaths: amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 3(1) regulated period: inserted, on 1 January 2011, by section 4(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 3(1) representative: inserted, on 25 March 2014, by section 4 of the Electoral Amendment Act 2014 (2014 No 8).

Section 3(1) Returning Officer: substituted, on 28 February 2002, by section 3(6) of the Electoral Amendment Act 2002 (2002 No 1).

Section 3(1) secretary: repealed, on 1 March 2009, by section 4(5) of the Electoral Amendment Act 2009 (2009 No 1).

Section 3(1) Speaker: substituted, on 28 February 2002, by section 3(7) of the Electoral Amendment Act 2002 (2002 No 1).

Section 3(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

3AA Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

Section 3AA: inserted, on 21 March 2017, by section 5 of the Electoral Amendment Act 2017 (2017 No 9).

3A Meaning of election advertisement

(1)

When determining whether signage is contact information,—

(a)

all of the fixed signage on an out-of-Parliament office of a member of Parliament must be treated as a single sign; and

(b)

all of the signage on a vehicle of a member of Parliament must be treated as a single sign.

(3)

In this section,—

contact information, in relation to a member of Parliament, means information that—

(a)

must include—

(i)

the name of the member of Parliament; and

(ii)

the contact details of the member of Parliament, being 1 or more of the following:

(A)

telephone number:

(B)

physical or postal address:

(C)

email address; and

(iii)

the name of the electoral district that the member of Parliament represents or, if the member has not been elected to represent an electoral district, the fact that the member has been elected from a party list; and

(b)

may include 1 or more of the following:

(i)

a photograph of the member of Parliament:

(ii)

the website address of either or both—

(A)

the member of Parliament:

(B)

the party to which the member of Parliament belongs:

(iii)

the name of the party to which the member of Parliament belongs:

(iv)

the logo of the party to which the member of Parliament belongs:

(v)

the times when the member of Parliament is available for consultation by the public

periodical means a newspaper, magazine, or trade or professional journal that—

(a)

was established for purposes unrelated to the conduct of election campaigns; and

(b)

since its establishment has been—

(i)

published at regular intervals; and

(ii)

generally available to members of the public

vehicle has the meaning given to it by section 2(1) of the Land Transport Act 1998.

Compare: 1993 No 87 ss 221(1), (6), 221A(2), (4) (pre-1 January 2011); 2007 No 111 ss 4, 5(2)

Section 3A: inserted, on 1 January 2011, by section 5 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 3A(2)(a)(i): amended, on 1 July 2012, by section 52(2) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 3A(2A): inserted, on 21 March 2017, by section 6(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 3A(3) vehicle: inserted, on 21 March 2017, by section 6(2) of the Electoral Amendment Act 2017 (2017 No 9).

3B Meaning of regulated period

(1)

In this Act, regulated period, in relation to a general election, has the meaning given to it by subsections (2) and (3).

(2)

commences on the day after the notice of the vacancy to be filled by the by-election is published under section 129(1); and

(b)

ends with the close of the day before polling day.

(5)

In this section,—

default day means the day that is 2 years and 9 months after the polling day for the preceding general election

give public notice means issue a media statement.

Section 3B: inserted, on 1 January 2011, by section 5 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

3C Electoral Commission to publish details relating to regulated period

The Electoral Commission must, as soon as practicable after the commencement of the regulated period for a general election, publish in the Gazette notice of—

(a)

the date on which the regulated period commenced; and

(b)

the date on which the regulated period will end.

Section 3C: inserted, on 1 January 2011, by section 5 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

3D Meaning of publish

In this Act, unless the context otherwise requires, publish, in relation to an election advertisement, means to bring to the notice of a person in any manner—

(a)

including—

(i)

displaying on any medium:

(ii)

distributing by any means:

(iii)

delivering to an address:

(iv)

leaving at a place:

(v)

sending by post or otherwise:

(vi)

printing in a newspaper or other periodical:

(vii)

broadcasting by any means:

(viii)

disseminating by means of the Internet or any other electronic medium:

(ix)

storing electronically in a way that is accessible to the public:

(x)

incorporating in a device for use with a computer:

(xi)

inserting in a film or video; but

(b)

excluding addressing 1 or more persons face to face.

Section 3D: inserted, on 1 January 2011, by section 5 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

3E Meaning of advertising expenses

(1)

In this Act, advertising expenses, in relation to an election advertisement—

(a)

includes—

(i)

the cost incurred in the preparation, design, composition, printing, postage, and publication of the advertisement; and

(ii)

the reasonable market value of any material used for or applied towards the advertisement, including any such material that is provided free of charge or below reasonable market value; but

(b)

excludes the cost of—

(i)

the conduct of any survey or public opinion poll; and

(ii)

any framework (other than a commercial framework) that supports a hoarding on which the advertisement is displayed; and

(iii)

the labour of any person that is provided free of charge by that person; and

(iv)

the replacement of any material used in respect of the advertisement if that advertisement has been destroyed or rendered unusable by—

(A)

1 or more persons, other than the person promoting the advertisement (person A):

(B)

the occurrence of an event beyond the control of person A, or any person acting on behalf of person A.

(2)

To avoid doubt, advertising expenses does not include the cost (including running costs) of any vehicle used to display an election advertisement if the use of the vehicle for that purpose is not the subject of a contract, arrangement, or understanding for the payment of money or money’s worth.

(3)

In this section, vehicle has the meaning given to it by section 2(1) of the Land Transport Act 1998.

Section 3E: inserted, on 1 January 2011, by section 5 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

3EA Meaning of party secretary

(1)

In this Act, party secretary or secretary, in relation to a party, means the person who is responsible for the administration and correspondence of the party and who has been (or is required to be) designated under any of the following provisions as secretary of the party for the purposes of this Act:

(2)

The person designated as party secretary must live in New Zealand.

Section 3EA: inserted, on 1 April 2020, by section 16 of the Electoral Amendment Act 2019 (2019 No 72).

Extraterritorial application

Heading: inserted, on 1 January 2011, by section 5 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

3F Application of Act to conduct outside New Zealand

(1)

The provisions of Part 6AA and 6A apply in respect of the publication of an election advertisement—

(a)

in New Zealand, in any case where the promoter of the advertisement is outside New Zealand; and

(b)

outside New Zealand, in any case where the promoter of the advertisement is in New Zealand.

(2)

Subsection (1) does not affect the application of the provisions of this Act (other than those provisions in Parts 6AA and 6A that apply in respect of the publication of an election advertisement) in respect of an offence that under any provision of the Crimes Act 1961 is deemed to be committed in New Zealand.

Section 3F: inserted, on 1 January 2011, by section 5 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Part 1 Electoral Commission

4 Electoral Commission

[Repealed]

Section 4: repealed, on 1 October 2010, by section 6 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

4A Crown Entities Act 2004 to apply

[Repealed]

Section 4A: repealed, on 1 October 2010, by section 6 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

4B Electoral Commission

(1)

This section establishes the Electoral Commission.

(2)

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

(3)

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

(4)

The Electoral Commission established by subsection (1) is not the same body as the Electoral Commission established by section 4.

Section 4B: inserted, on 22 May 2010, by section 4 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

4C Objective

The objective of the Electoral Commission is to administer the electoral system impartially, efficiently, effectively, and in a way that—

(a)

facilitates participation in parliamentary democracy; and

(b)

promotes understanding of the electoral system and associated matters; and

(c)

maintains confidence in the administration of the electoral system.

Section 4C: inserted, on 22 May 2010, by section 4 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 4C: amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

4D Membership of Electoral Commission

(1)

The Governor-General, on the recommendation of the House of Representatives, must appoint 3 members of the Electoral Commission as follows:

(a)

(a)

state the date on which the appointment takes effect, which must not be earlier than the date on which the notice is received; and

(b)

state the term of the appointment; and

(c)

be published by the Electoral Commission in the Gazette as soon as practicable after the appointment is made.

(4)

If an Electoral Commissioner becomes incapable of performing his or her functions or duties or exercising his or her powers by reason of illness, absence, or other sufficient cause, the functions, duties, and powers of that Electoral Commissioner may be performed and exercised by his or her deputy.

(5)

Despite subsection (4), a Deputy Electoral Commissioner—

(a)

must not act as chairperson or deputy chairperson of the board of the Electoral Commission; and

(b)

is not eligible to be appointed by the board of the Electoral Commission as a temporary deputy chairperson under clause 5 of Schedule 5 of the Crown Entities Act 2004.

(6)

The Electoral Commission may, at any time, revoke the appointment of any deputy.

(7)

A Deputy Electoral Commissioner is a public servant for the purposes of sections 28(2)(f) and 80(3)(a)(i).

(8)

[Repealed]

Section 4I: inserted, on 22 May 2010, by section 4 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 4I(1): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 4I(8): repealed, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

4J Proceedings of Electoral Commission

The provisions of Schedule 1 apply to the Electoral Commission and to its proceedings.

Section 4J: inserted, on 22 May 2010, by section 4 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 4J: amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

5 Functions

The functions of the Electoral Commission are to—

(a)

carry the provisions of this Act into effect:

(b)

carry out duties in relation to electoral broadcasting that are prescribed by Part 6 of the Broadcasting Act 1989:

(c)

promote public awareness of electoral matters by means of the conduct of education and information programmes or by other means:

(ca)

administer the fund established by section 6 of the Election Access Fund Act 2020:

(d)

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:

(e)

make available information to assist parties, candidates, and others to meet their statutory obligations in respect of electoral matters administered by the Electoral Commission:

(f)

carry out any other functions or duties conferred on the Electoral Commission by or under any other enactment.

Section 5: substituted, on 1 October 2010, by section 7 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 5(a): amended, on 1 July 2012, by section 28 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 5(b): amended, on 21 March 2017, by section 6 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

Section 5(ca): inserted, on 1 July 2021, by section 12 of the Election Access Fund Act 2020 (2020 No 4).

6 Powers of Electoral Commission

(1)

The Electoral Commission may, if it considers that it is necessary for the proper discharge of its functions,—

(a)

initiate, sponsor, and carry out any studies or research:

(b)

make any inquiries:

(c)

consult with any persons or classes of persons:

(d)

publicise, in any manner that it thinks fit, any parts of its work:

(e)

provide information and advice on any matter—

(i)

to the Minister for the Minister’s consideration:

(ii)

to the Minister for presentation to the House of Representatives:

(f)

request advice, assistance, and information from any government department or any State enterprise as defined in section 2 of the State-Owned Enterprises Act 1986.

(2)

Subsection (1) does not limit sections 16 and 17 of the Crown Entities Act 2004.

(3)

If the Electoral Commission provides any information or advice to the Minister under subsection (1)(e)(ii), the Minister must present the information or advice to the House of Representatives within 5 working days after receiving it or, if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament.

Section 6: substituted, on 1 October 2010, by section 7 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 6(1)(e)(ii): amended, on 17 August 2011, by section 5 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

7 Independence

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

Section 7: substituted, on 1 October 2010, by section 7 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

8 Electoral Commission must report on general election

(1)

The Electoral Commission must, within 6 months of the return of the writ after a general election, report in writing to the Minister on the administration of that election, including—

(a)

the services provided to electors to facilitate voting; and

(b)

enrolment and voting statistics; and

(c)

any substantive issue arising during the course of the election; and

(d)

any changes that are necessary or desirable in respect of—

(i)

administration processes or practices; or

(ii)

this Act or any other law; and

(da)

the funding provided under the Election Access Fund Act 2020 to disabled persons standing as candidates, or seeking selection as candidates, to facilitate their participation in the election; and

(e)

any matter that the Minister of Justice asks the Electoral Commission to address; and

(f)

any other matter that the Electoral Commission considers relevant.

(2)

The Minister must present any report received under subsection (1) to the House of Representatives within 5 working days after receiving it or, if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament.

(3)

The Electoral Commission must publish any report made under subsection (1) as soon as practicable after it has been presented to the House of Representatives, but in any case not later than 10 working days after the report is received by the Minister.

Section 8: substituted, on 1 October 2010, by section 7 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 8(1)(da): inserted, on 1 July 2021, by section 13 of the Election Access Fund Act 2020 (2020 No 4).

9 Electoral Commission may delegate functions or powers to electoral officials engaged by Commission

(1)

The Electoral Commission’s board may under section 73 of the Crown Entities Act 2004 delegate any of the Commission’s functions or powers, either generally or specifically, not only to any person or persons listed in section 73(1) of the Crown Entities Act 2004, but also to any electoral official who is engaged (rather than employed) by the Commission.

(2)

The functions or powers delegated may (without limitation) be or include either or both of the following:

(a)

the Commission’s power under section 73 of the Crown Entities Act 2004 to delegate particular functions or powers of the Commission:

(b)

all or any of the Commission’s functions or powers that relate to registration of electors.

(3)

The electoral official may (without limiting the definition of that term in section 3(1)) be a person of one of the following kinds that the Electoral Commission engages for the purpose of assisting with the performance of its functions:

(a)

a body corporate:

(b)

an individual who holds an office in, or is employed by, a body corporate.

(4)

For the purposes of this section, the Commission’s functions or powers that relate to registration of electors include, without limitation, its functions or powers under (or under any regulations under) Part 5 of this Act, and also its functions or powers under (or under any regulations under) the following Acts:

(a)

Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001:

(b)

Citizens Initiated Referenda Act 1993:

(c)

Energy Companies Act 1992:

(d)

Juries Act 1981:

(e)

Local Electoral Act 2001:

(f)

Referenda (Postal Voting) Act 2000.

(5)

The provisions of the Crown Entities Act 2004, including in particular sections 74 (powers of delegate), 75 (effect of delegation), and 76 (revocations), apply in respect of a delegation by virtue of this section to any electoral official who is engaged (rather than employed) by the Electoral Commission as if it were a delegation under section 73 of the Crown Entities Act 2004 to any person or persons listed in section 73(1) of the Crown Entities Act 2004.

Section 9: replaced, on 1 July 2012, by section 29 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

9A Ownership of intellectual property developed by delegates of functions or powers

(1)

Any intellectual property of any kind in, or in respect of, any matter or thing belongs to the Crown if it is devised or developed (entirely or mainly) after 30 June 2012 by or on behalf of an electoral official to whom or to which all or any of the Commission’s functions or powers that relate to registration of electors have been delegated under section 73 of the Crown Entities Act 2004 (alone, or in conjunction with section 9 of this Act) and—

(a)

in the exercise or performance by or on behalf of that official of those delegated functions or powers; or

(b)

entirely or mainly by or through the use of public money appropriated by Parliament to facilitate the exercise or performance of those delegated functions or powers.

(2)

However, the Crown acting by and through the Minister of Finance may grant to any person a licence in respect of, or transfer to any person all or any ownership of, all or any of that intellectual property.

(3)

(2)

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

Section 20A: substituted, on 28 February 2002, by section 6(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 20A heading: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 20A(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 20A(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

20B Designation of Returning Officers

(1)

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

(2)

A Returning Officer is a public servant for the purposes of sections 28(2)(f) and 80(3)(a)(i).

Section 20B: inserted, on 28 February 2002, by section 6(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 20B(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 20B(2): added, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

20C Returning Officers may delegate functions, duties, or powers

A Returning Officer may delegate any of his or her functions, duties, or powers, except this power of delegation, to another electoral official.

Section 20C: substituted, on 1 October 2010, by section 9 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

20CA Powers of delegate

(1)

An electoral official to whom any functions, duties, or powers of a Returning Officer are delegated may, unless the delegation provides otherwise, perform the function or duty or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the electoral official were the Returning Officer.

(2)

An electoral official who purports to perform a function or duty or exercise a power under a delegation from a Returning Officer is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation.

Compare: 2004 No 115 s 74

Section 20CA: inserted, on 1 October 2010, by section 9 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

20CB Effect of delegation on Returning Officer

No delegation under section 20C—

(a)

affects or prevents the performance of any function or duty or the exercise of any power by the Returning Officer; or

(b)

affects the responsibility of the Returning Officer for the actions of any electoral official acting under the delegation; or

(c)

is affected by any change in the person appointed as Returning Officer.

Compare: 2004 No 115 s 75

Section 20CB: inserted, on 1 October 2010, by section 9 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

20CC Revocation of delegations

A delegation under section 20C may be revoked at will by—

(a)

the Returning Officer by written notice to the electoral official; or

(b)

any other method provided for in the delegation.

Compare: 2004 No 115 s 76

Section 20CC: inserted, on 1 October 2010, by section 9 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

20D State sector agencies to assist with administration of elections

(1)

The Electoral Commission may seek assistance from any State sector agency in order to facilitate the effective administration of elections.

(2)

Any agency approached by the Electoral Commission 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 5 of the Public Service Act 2020, 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.

Section 20D: inserted, on 28 February 2002, by section 6(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 20D(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 20D(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 20D(4): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 20D(4): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

21 Chief Registrar of Electors

[Repealed]

Section 21: repealed, on 1 July 2012, by section 30 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

22 Registrar of Electors

(1)

The Electoral Commission—

(a)

must appoint a Registrar of Electors for each electoral district:

(b)

may appoint a Deputy Registrar of Electors for any electoral district:

(c)

may appoint a Registrar or a Deputy Registrar for a named electoral district that is not yet in existence.

(2)

Every Registrar and every Deputy Registrar—

(a)

must be an individual who is an electoral official; and

(b)

may not hold any official position in any political organisation.

(3)

The Deputy Registrar for an electoral district may, subject to the control of the Registrar for that electoral district, exercise or perform all of that Registrar’s powers, duties, and functions.

Section 22: replaced, on 21 March 2017, by section 7 of the Electoral Amendment Act 2017 (2017 No 9).

23 Appropriation of expenses of New Zealand Post Limited

[Repealed]

Section 23: repealed, on 1 July 2012, by section 32 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

24 Employees appointed by Chief Electoral Officer

[Repealed]

Section 24: repealed, on 1 October 2010, by section 10 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

25 General provision as to Returning Officers

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

Compare: 1956 No 107 s 9(3); 1975 No 28 s 3(4)(d)

26 Returning Officer to make declaration

(1)

Every Returning Officer must, before entering into the duties of office, declare that he or she will comply with section 203.

(2)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

Section 26: replaced, on 21 March 2017, by section 8 of the Electoral Amendment Act 2017 (2017 No 9).

Part 3 The House of Representatives

27 Members of Parliament

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.

Section 27: amended, on 30 November 1995, by section 2 of the Electoral Amendment Act 1995 (1995 No 60).

Representation Commission

28 Representation Commission

(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)

2 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, 1 of those members being nominated to represent the Government and 1 to represent the Opposition:

(f)

1 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), 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) but also of—

(a)

the chief executive of Te Puni Kokiri:

(b)

2 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, 1 of those members being nominated to represent the Government and 1 to represent the Opposition.

(4)

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

(5)

Notwithstanding subsection (2)(d), 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).

Compare: 1956 No 107 s 15(1), (2), (5); 1991 No 68 s 2(1)

29 Term of office

The Chairperson and every member of the Commission who holds office under section 28(2)(e) or section 28(3)(b), unless he or she sooner ceases to be a member as provided in section 30, 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.

Compare: 1956 No 107 s 15(6); 1991 No 68 s 2(1)

30 Extraordinary vacancies

The Chairperson or any member of the Commission who holds office under section 28(2)(e) or section 28(3)(b) 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 an offence punishable by imprisonment for life or by 2 or more years’ imprisonment, 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.

Compare: 1956 No 107 s 15(7); 1991 No 68 s 2(1)

Section 30: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

31 Remuneration and travelling allowances

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) 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.

Compare: 1956 No 107 s 15(8); 1991 No 68 s 2(1)

32 Deputies of appointed members

(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).

(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).

(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.

Compare: 1956 No 107 s 15A; 1991 No 68 s 2(1)

33 Deputies of ex officio members

(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 Electoral Commissioner appointed under section 4I as the deputy for the Chief Electoral Officer has 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) 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 clause 9(1) to (3) of Schedule 7 of the Public Service Act 2020 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) 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 clause 2(1) and (2) of Schedule 6 of the Public Service Act 2020 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.

Compare: 1956 No 107 s 15B; 1991 No 68 s 2(1)

Section 33(4): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 33(5): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 33(5): amended, on 25 January 2005, by section 19(1) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

Section 33(8): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

34 Submissions

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% 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) or section 45(6).

Compare: 1956 No 107 s 15C; 1991 No 68 s 2(1)

Section 34: amended, on 17 December 1993, by section 8(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

35 Division of New Zealand into General electoral districts

(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.

(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 such 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 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):

(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) and to the provisions of section 36 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) 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), the Electoral Commission shall supply the Government Statistician with the information that the Electoral Commission is required to supply to the Government Statistician under section 77(6).

(6)

When the Government Statistician—

(a)

has the results of the census; and

(b)

has been supplied by the Electoral Commission with the information that the Electoral Commission is required, under section 77(6), 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),—

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.

Compare: 1956 No 107 s 16; 1965 No 17 s 3; 1980 No 29 s 6; 1981 No 120 s 4; 1985 No 149 s 3(2), (3); 1991 No 68 s 3(1)

Section 35(5): amended, on 1 July 2012, by section 52(3) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 35(5): amended, on 1 July 2012, by section 52(17)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 35(6)(b): amended, on 1 July 2012, by section 52(3) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 35(6)(b): amended, on 1 July 2012, by section 52(17)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

36 Allowance for adjustment of quota

Where, in the opinion of the Commission, General electoral districts cannot be formed consistently with the considerations provided for in section 35 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%.

Compare: 1956 No 107 s 17; 1980 No 29 s 7

37 Classification of electoral districts for purposes of pay or allowances

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.

Compare: 1956 No 107 s 17A; 1981 No 120 s 5

Section 37: amended, on 1 April 2003, by section 4(1) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

38 Notice of proposed boundaries and classification

(1)

When the Commission proposes to make a division under section 35 or section 45, 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 1 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) must include the offices of the Electoral Commission.

(3)

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

(4)

If any objections are received under subsection (1)(b), the Commission must publish,—

(a)

on an Internet site administered by the Electoral Commission,—

(i)

the objections received; and

(ii)

an explanation of the process and deadline for making counter-objections; and

(b)

in the Gazette, a notice—

(i)

stating the address of the Internet site on which the objections and the counter-objection process are published; and

(ii)

stating the last date on which the Commission will receive any written counter-objections to any of those objections (which must not be less than 2 weeks after the date of publication of the notice in the Gazette).

(4A)

The Electoral Commission must facilitate the publication required under subsection (4)(a).

(5)

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

Compare: 1956 No 107 s 18; 1991 No 68 s 4(1)

Section 38(1): substituted, on 17 December 1993, by section 9(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 38(1)(a)(ii): amended, on 1 April 2003, by section 4(1) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Section 38(1A): inserted, on 17 December 1993, by section 9(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 38(2): amended, on 21 March 2017, by section 9(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 38(4): replaced, on 21 March 2017, by section 9(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 38(4A): inserted, on 21 March 2017, by section 9(2) of the Electoral Amendment Act 2017 (2017 No 9).

39 Communications to officials

(1)

When, after the gazetting, pursuant to section 38, of a notice stating places (which must include the offices of the Electoral Commission) 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 must communicate the details of that determination to the Electoral Commission and such other entities or persons directly concerned with the administration of this Act as have been specified by the Representation Commission by name or by position or by the functions they perform.

(2)

Any entity or person to whom information is communicated pursuant to subsection (1) shall use that information only for the purposes of this Act.

Compare: 1956 No 107 s 18A; 1985 No 149 s 4; 1991 No 68 s 5

Section 39(1): amended, on 21 March 2017, by section 10 of the Electoral Amendment Act 2017 (2017 No 9).

Section 39(1): amended, on 1 July 2012, by section 52(4) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 39(1): amended, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 39(2): amended, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

40 Report of Commission

(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) 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 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 must include the offices of the Electoral Commission).

(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), 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) in respect of that report.

Compare: 1956 No 107 s 19; 1991 No 68 s 6(1)

Section 40(1)(b)(iii): amended, on 21 March 2017, by section 11 of the Electoral Amendment Act 2017 (2017 No 9).

41 Report and maps to be laid before House of Representatives

(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.

Compare: 1956 No 107 s 20; 1991 No 68 s 7

Section 41(1): amended, on 6 December 1995, by section 10 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

42 Indexes of streets and places

(1)

The Surveyor-General—

(a)

shall, as soon as practicable after the gazetting of a notice under section 40(1)(b), 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 offices of the Electoral Commission 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); and

(b)

a copy of the index compiled under subsection (1)(b).

(3)

Copies of each index compiled under subsection (1)(a) 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) 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 Electoral Commission from time to time directs.

Compare: 1956 No 107 s 20A; 1981 No 120 s 7(1); 1989 No 142 s 22(1); 1991 No 68 s 8

Section 42(2): amended, on 21 March 2017, by section 12 of the Electoral Amendment Act 2017 (2017 No 9).

Section 42(3): amended, on 1 July 1996, by section 5 of the Survey Amendment Act 1996 (1996 No 55).

Section 42(4): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 42(4): amended, on 1 July 1996, by section 5 of the Survey Amendment Act 1996 (1996 No 55).

43 Proceedings of Commission

(1)

Any 4 members of the Commission, of whom 2 are the members holding office under section 28(2)(e), 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.

Compare: 1956 No 107 s 21; 1991 No 68 s 9

44 Commissioner not eligible as member of House of Representatives

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.

Compare: 1956 No 107 s 22

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)

(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)

(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).

Chatham Islands

46 Electoral districts for and polling in Chatham Islands

(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).

(2)

For the purposes of sections 35, 45, and 269, 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),—

(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); and

(b)

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

Compare: 1956 No 107 s 24(1)

Qualifications of candidates and members

47 Registered electors may be members, unless disqualified

(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.

(2)

Notwithstanding anything in subsection (1), 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.

Compare: 1956 No 107 s 25; 1981 No 120 s 9(1)

Section 47(3): substituted, on 1 February 2003, by section 8(1) of the Electoral Amendment Act 2002 (2002 No 1).

47A Certain persons disqualified from candidacy

The following persons are not qualified to be a candidate or to be elected as a member of Parliament:

(a)

an Electoral Commissioner:

(b)

a Deputy Electoral Commissioner:

(c)

a Returning Officer:

(d)

a Registrar of Electors:

(e)

a Deputy Registrar of Electors.

Section 47A: inserted, on 1 October 2010, by section 11 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 47A(d): inserted, on 21 March 2017, by section 14 of the Electoral Amendment Act 2017 (2017 No 9).

Section 47A(e): inserted, on 21 March 2017, by section 14 of the Electoral Amendment Act 2017 (2017 No 9).

48 Offence for public servant or Returning Officer to sit

[Repealed]

Section 48: repealed, on 21 March 2017, by section 15 of the Electoral Amendment Act 2017 (2017 No 9).

49 Candidate not disqualified if name removed from roll without cause

(ii)

a list candidate.

Section 49: substituted, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

50 Effect of registration on wrong roll

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.

Compare: 1956 No 107 s 28

51 Member ceasing to be elector

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

Compare: 1956 No 107 s 29

52 Candidacy and election of State servants

(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 Public Service Act 2020; and

(b)

includes employees 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), 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, 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, is a member of the staff of an institution (as defined in the Education and Training Act 2020) may continue to teach or supervise the studies of students at that institution 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.

Compare: 1956 No 107 s 30; 1981 No 120 s 10(1); 1988 No 20 s 90(a)

Section 52(1)(b): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

Section 52(1)(a)(ii): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 52(5): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

53 Members disqualified from being State servants

(1)

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

(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), 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 1 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), 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) and ending with the day before the date on which he or she resumed office under subsection (3).

(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), 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.

Compare: 1956 No 107 s 31; 1981 No 120 s 11(1)

Term of office of member of Parliament

54 Term of office of member of Parliament

(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 is declared by the Electoral Commission 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 Electoral Commission pursuant to section 193; and

(b)

vacate that office at the close of polling day at the next general election.

Compare: 1956 No 107 s 31A; 1986 No 116 s 3

Section 54(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 54(2)(a): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Vacancies

55 How vacancies created

(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 an offence punishable by imprisonment for life or by 2 or more years’ imprisonment, 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

(ea)

if he or she is appointed as a Returning Officer, a Registrar of Electors, or a Deputy Registrar of Electors; 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

(fa)

if, under section 55A, he or she ceases to be a parliamentary member of the political party for which he or she was elected; 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.

(j)

[Repealed]

(2)

Notwithstanding anything in subsection (1)(c), 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.

Compare: 1956 No 107 s 32; 1975 No 28 s 13(1); 1981 No 120 s 12; 1988 No 34 s 12(3); 1988 No 159 s 14(1)

Section 55(1)(b): substituted, on 18 September 2005, by section 5(1) of the Electoral Amendment Act 2004 (2004 No 99).

Section 55(1)(ca): inserted, on 18 September 2005, by section 5(2) of the Electoral Amendment Act 2004 (2004 No 99).

Section 55(1)(cb): inserted, on 18 September 2005, by section 5(2) of the Electoral Amendment Act 2004 (2004 No 99).

Section 55(1)(d): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 55(1)(ea): inserted, on 1 October 2010, by section 13 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 55(1)(ea): amended, on 21 March 2017, by section 16 of the Electoral Amendment Act 2017 (2017 No 9).

Section 55(1)(f): substituted, on 28 February 2002, by section 9(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 55(1)(fa): inserted, on 4 October 2018, by section 4 of the Electoral (Integrity) Amendment Act 2018 (2018 No 39).

Section 55(1)(j): repealed, on 28 February 2002, by section 9(2) of the Electoral Amendment Act 2002 (2002 No 1).

55AA Dual or multiple citizenship permissible in certain circumstances

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)

the parliamentary leader of the political party for which the member of Parliament was elected delivers to the Speaker a written notice that complies with section 55C.

Section 55A: inserted, on 4 October 2018, by section 5 of the Electoral (Integrity) Amendment Act 2018 (2018 No 39).

55B Notice from member of Parliament

A written notice under section 55A(3)(a) must—

informing the member that the parliamentary leader considers that paragraph (a) applies to the member and the reasons for that opinion; and

(ii)

advising the member that he or she has 21 working days from the date of receiving the notice to respond to the matters raised in the notice by notice in writing addressed to the parliamentary leader; and

(c)

state that, after consideration of the conduct of the member and his or her response (if any) by the parliamentary members of the political party for which the member was elected, the parliamentary leader of that party confirms that at least two-thirds of the parliamentary members of that party agree that written notice should be given by the parliamentary leader under section 55A(3)(b); and

(d)

state either—

(i)

that all other requirements imposed by the rules of the political party for which the member of Parliament was elected relating to the giving of a notice under section 55A(3)(b) have been satisfied; or

(ii)

that there are no other requirements imposed by the rules of the political party for which the member of Parliament was elected relating to the giving of a notice under section 55A(3)(b) to be satisfied.

Section 55D: inserted, on 4 October 2018, by section 5 of the Electoral (Integrity) Amendment Act 2018 (2018 No 39).

55E Definitions

For the purposes of sections 55A to 55D, unless the context otherwise requires,—

parliamentary leader, in relation to a political party, means—

(a)

the member of Parliament recognised for the time being as the parliamentary leader of the political party by the majority of parliamentary members of that party; or

(b)

the member of Parliament for the time being acting as the parliamentary leader of that party

political party for which the member of Parliament was elected means,—

[Expired]

Section 55E: expired, on 18 September 2005, by section 3 of the Electoral (Integrity) Amendment Act 2001 (2001 No 105).

56 Member becoming mentally disordered

(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), 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) shall be liable on conviction to a fine not exceeding $2,000.

Compare: 1956 No 107 s 33; 1990 No 1 s 4(1)

Section 56(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 56(4): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 56(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

57 Registrar of court to notify cause of vacancy in certain cases

(1)

The Registrar of the court in which any member of Parliament has been convicted of an offence punishable by imprisonment for life or by 2 or more years’ imprisonment, 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 conviction to a fine not exceeding $100 who, being the Registrar of a court, fails to send any notice required by subsection (1).

Compare: 1956 No 107 s 34; 1975 No 28 s 12(e); 1990 No 1 s 5(1)

Section 57(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 57(1): amended, on 28 February 2002, by section 10 of the Electoral Amendment Act 2002 (2002 No 1).

Section 57(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

58 Registrar of Births and Deaths to notify Speaker of death of member

(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 conviction to a fine not exceeding $100 who, being a Registrar of Births and Deaths, fails to send any notice required by subsection (1).

Compare: 1956 No 107 s 35; 1990 No 1 s 5(1)

Section 58(1): amended, on 28 February 2002, by section 11 of the Electoral Amendment Act 2002 (2002 No 1).

Section 58(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

59 No person to be candidate for more than 1 district or on more than 1 list

(1)

No person shall at any general election be—

(a)

a candidate for more than 1 electoral district; or

(b)

a candidate whose name is included on more than 1 party list submitted pursuant to section 127.

(2)

If 2 or more by-elections are held on the same polling day, no person shall be a candidate at more than 1 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.

(4)

If any person breaches subsection (1) or subsection (2), 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 a Crown Bank Account.

Section 59: substituted, on 6 December 1995, by section 12 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 59(4): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

Section 59(4): amended, on 28 February 2002, by section 12 of the Electoral Amendment Act 2002 (2002 No 1).

Persons qualified to vote

Section 60(b): substituted, on 6 December 1995, by section 13(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 60(c): substituted, on 6 December 1995, by section 13(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 60(d): substituted, on 6 December 1995, by section 13(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 60(f): amended, on 6 December 1995, by section 13(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 60(g): inserted, on 11 March 2020, by section 4 of the Electoral Amendment Act 2020 (2020 No 2).

61 Special voters

(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) 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.

(3)

A person whose name appears on the main roll or any supplementary roll for an electoral district and who is qualified to vote at an election in that district may vote as a special voter if the person—

(a)

applies to vote in person before polling day; and

(b)

does so within that district or at an office maintained by the Returning Officer of that district.

Compare: 1956 No 107 s 100; 1990 No 1 s 50(1)

Section 61(1)(f): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 61(3): added, on 1 January 2011, by section 6 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Part 4 Registration of political parties and party logos

Part 4 heading: amended, on 6 December 1995, by section 14 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Subpart 1—Registration of political parties

Subpart 1 heading: inserted, on 25 March 2014, by section 5 of the Electoral Amendment Act 2014 (2014 No 8).

62 Register of Political Parties

(1)

Subject to this Part, 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.

63 Application for registration

(1)

where the party has 1 or more component parties, state the name of each component party; and

(e)

must be accompanied by the application fee payable under section 63A.

(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 and determine whether the party can be registered.

(4)

Notwithstanding subsection (3), 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.

(5)

[Repealed]

Section 63(2)(c): substituted, on 28 February 2002, by section 13(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 63(2)(c)(v): amended, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

Section 63(2)(c)(viii): repealed, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

Section 63(2)(ca): inserted, on 28 February 2002, by section 13(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 63(2)(d): added, on 6 December 1995, by section 15(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 63(2)(d)(ii): amended, on 25 March 2014, by section 6(1) of the Electoral Amendment Act 2014 (2014 No 8).

Section 63(2)(e): inserted, on 25 March 2014, by section 6(2) of the Electoral Amendment Act 2014 (2014 No 8).

Section 63(4): added, on 6 December 1995, by section 15(3) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 63(5): repealed, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

63A Application fee

(1)

The fee payable on making an application under section 63 is $500 (inclusive of goods and services tax).

(2)

The fee must be paid by—

(a)

direct credit to a bank account nominated by the Electoral Commission; or

(b)

bank cheque.

Section 63A: replaced, on 25 March 2014, by section 7 of the Electoral Amendment Act 2014 (2014 No 8).

64 Times when registration prohibited

(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.

(2)

[Repealed]

Section 64: substituted, on 6 December 1995, by section 17 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 64(1): amended, on 25 March 2014, by section 8(1) of the Electoral Amendment Act 2014 (2014 No 8).

Section 64(1)(a): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 64(1)(b): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 64(2): repealed, on 25 March 2014, by section 8(2) of the Electoral Amendment Act 2014 (2014 No 8).

65 Parties with certain names not to be registered

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.

65A Certain logos not to be registered

[Repealed]

Section 65A: repealed, on 25 March 2014, by section 9 of the Electoral Amendment Act 2014 (2014 No 8).

66 Other grounds on which registration may be refused

(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; 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 or subsection (1) applies, the Electoral Commission shall, subject to section 64, register the political party that is the subject of the application.

(3)

[Repealed]

Section 66(1)(b): substituted, on 6 December 1995, by section 19 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 66(3): repealed, on 28 February 2002, by section 15 of the Electoral Amendment Act 2002 (2002 No 1).

67 Registration

(1)

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

(a)

(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.

(d)

[Repealed]

(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; 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), 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).

(f)

[Repealed]

(4)

[Repealed]

Section 67: substituted, on 6 December 1995, by section 20 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 67(1)(c): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 67(1)(d): repealed, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 67(3)(e): amended, on 28 February 2002, by section 16 of the Electoral Amendment Act 2002 (2002 No 1).

Section 67(3)(f): repealed, on 20 December 2007, by section 13 of the Electoral Amendment Act 2007 (2007 No 113).

Section 67(4): repealed, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

67AA Vacancies in position of party secretary

(1)

If, in a political party registered under this Act, a vacancy occurs in the position of party secretary, the remaining office holders of the party must ensure that, within 5 working days of the vacancy occurring,—

(a)

a new secretary is appointed; or

(b)

a person is appointed to act in the position of secretary until a new secretary can be appointed.

(2)

A person appointed under subsection (1)(a) or (b) must immediately notify the Electoral Commission of that person’s appointment.

Section 67AA: inserted, on 21 March 2017, by section 17 of the Electoral Amendment Act 2017 (2017 No 9).

67A Registration of party logos

[Repealed]

Section 67A: repealed, on 25 March 2014, by section 10 of the Electoral Amendment Act 2014 (2014 No 8).

68 Inspection of Register

Members of the public shall be entitled to inspect the Register of Political Parties without payment at any time between 9 am and 5 pm on any day on which the office of the Electoral Commission is open.

Section 68: amended, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

68A Inspection of party logos

[Repealed]

Section 68A: repealed, on 25 March 2014, by section 11 of the Electoral Amendment Act 2014 (2014 No 8).

69 Changes to Register of Political Parties

(1)

A person described in section 63(1) may, on behalf of a political party, apply to the Electoral Commission to—

(a)

change the name of the party:

(b)

change the abbreviation of the name of the party.

(2)

Section 63 (except subsection (2)(e)) and sections 64 to 67 apply to that application with any necessary modifications.

Section 69: replaced, on 25 March 2014, by section 12 of the Electoral Amendment Act 2014 (2014 No 8).

69A Changes to party logos

[Repealed]

Section 69A: repealed, on 25 March 2014, by section 13 of the Electoral Amendment Act 2014 (2014 No 8).

70 Cancellation of registration

(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) 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.

(2B)

The Electoral Commission may cancel the registration of a political party if satisfied that the party has failed to comply with section 67AA.

(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), 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) or (2B), 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.

Section 70(1): substituted, on 6 December 1995, by section 24 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 70(1A): inserted, on 28 February 2002, by section 17(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 70(2): substituted, on 6 December 1995, by section 24 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 70(2A): inserted, on 28 February 2002, by section 17(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 70(2B): inserted, on 21 March 2017, by section 18(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 70(3)(b): amended, on 21 March 2017, by section 18(2) of the Electoral Amendment Act 2017 (2017 No 9).

70A Cancellation of registration of party logo

[Repealed]

Section 70A: repealed, on 25 March 2014, by section 14 of the Electoral Amendment Act 2014 (2014 No 8).

71 Requirement for registered parties to follow democratic procedures in candidate selection

Every political party that is for the time being registered under this Part 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).

71A Obligation to provide annual declaration regarding party

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.

Section 71A: inserted, on 28 February 2002, by section 19(1) of the Electoral Amendment Act 2002 (2002 No 1).

71B Obligation to provide copy of party membership rules and candidate selection rules

(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 am and 5 pm on any day on which the office of the Electoral Commission is open.

Section 71B: inserted, on 28 February 2002, by section 19(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 71B(4): amended, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Subpart 2—Registration of party logos

Subpart 2: inserted, on 25 March 2014, by section 15 of the Electoral Amendment Act 2014 (2014 No 8).

71C Application for registration of party logo

(1)

An application may be made to the Electoral Commission to register the logo of a political party if the political party—

(a)

is registered under subpart 1; or

(b)

is unregistered, but an application has been made under subpart 1 to register that party and that application has not been determined by the Electoral Commission.

(2)

An application to register a party logo—

(a)

may be made by—

(i)

the secretary of the party; or

(ii)

any member of Parliament who is a current financial member of the party; and

(b)

must—

(i)

be in writing; and

(ii)

be signed by the applicant; and

(iii)

be accompanied by—

(A)

2 identical representations of the party logo in a form satisfactory to the Electoral Commission that 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

(B)

a black and white reproduction of the party logo in a form satisfactory to the Electoral Commission; and

(iv)

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

(v)

set out—

(A)

the name and address of the applicant, and the capacity in which he or she makes the application; and

(B)

the name and address of the secretary of the political party, if the applicant is not the secretary of the political party.

(3)

On receipt of an application to register a party logo, the Electoral Commission must deal with the application in accordance with this subpart and determine whether to register the party logo.

(4)

Subsection (3) does not apply if, before determining whether to register a party logo, the Electoral Commission—

(a)

receives from any person described in subsection (2)(a) written notice that the application to register the party logo is withdrawn; and

(b)

is satisfied the written notice is given by that person on behalf of the party.

Section 71C: inserted, on 25 March 2014, by section 15 of the Electoral Amendment Act 2014 (2014 No 8).

71D Grounds on which registration refused

(1)

The Electoral Commission must refuse an application to register the logo of a political party if—

(a)

the Electoral Commission has determined that the political party’s application for registration should be refused (in the case of an application made under section 71C(1)(b)); or

(b)

the application does not comply with—

(i)

section 71C(2)(b)(iii); or

(ii)

section 71C(2)(b)(iv); or

(c)

the Electoral Commission has reasonable cause to believe that the declaration accompanying the application under section 71C(2)(b)(iv) is not correct; or

(d)

the Electoral Commission is of the opinion that the logo—

(i)

is indecent; or

(ii)

is offensive; or

(iii)

is likely to cause confusion or mislead electors; or

(iv)

contains any reference to a title or an honour or a similar form of identification.

(2)

If the Electoral Commission refuses an application to register the logo of a political party, the Electoral Commission must, as soon as is reasonably practicable, and in any case not later than 10 working days after the date of refusal, give the applicant written notice of—

(a)

the refusal; and

(b)

the reasons for the refusal.

Section 71D: inserted, on 25 March 2014, by section 15 of the Electoral Amendment Act 2014 (2014 No 8).

71E Times when registration of party logos prohibited

No action may be taken in relation to any application made under section 71C during the period that,—

(a)

in relation to a general election,—

(i)

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

(ii)

ends with the day appointed as the latest day for the return of the writ containing the names of constituency candidates who are elected; and

(b)

in relation to a by-election,—

(i)

commences on the date beginning with the issue of the writ for the by-election; and

(ii)

ends with the day appointed as the latest day for the return of the writ for the by-election.

Section 71E: inserted, on 25 March 2014, by section 15 of the Electoral Amendment Act 2014 (2014 No 8).

71F Registration of party logos

If, on receipt of an application under section 71C, the Electoral Commission determines to register the logo of a political party, the Electoral Commission must—

(a)

(b)

give written notice of the registration to the applicant; and

(c)

arrange for the registration to be published in the Gazette.

Section 71F: inserted, on 25 March 2014, by section 15 of the Electoral Amendment Act 2014 (2014 No 8).

71G Inspection of party logos

The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every party logo that is, or has been, registered in the Register of Political Parties.

Section 71G: inserted, on 25 March 2014, by section 15 of the Electoral Amendment Act 2014 (2014 No 8).

71H Changes to party logos

(1)

A person described in section 71C(2)(a) may, on behalf of a party whose logo has been registered, apply to the Electoral Commission to—

(a)

vary the form of the party logo; or

(b)

substitute a new party logo; or

(c)

amend the party logo to refer to the new name of the party in any case where there has been a change in the party name.

(2)

Sections 71C to 71F apply, with any necessary modifications, to an application made under subsection (1).

Section 71H: inserted, on 25 March 2014, by section 15 of the Electoral Amendment Act 2014 (2014 No 8).

71I Cancellation of registration of party logo

(1)

The Electoral Commission must cancel the registration of the logo of a political party if—

(a)

a person described in section 71C(2)(a) applies to cancel the registration of the logo and the Electoral Commission is satisfied that the application is made on behalf of the political party; or

(b)

the registration of the political party is cancelled under section 70; or

(c)

the Electoral Commission is satisfied that the use of the logo by the political party constitutes an infringement of an intellectual property right or a breach of an enactment.

(2)

Section 71E applies, with any necessary modifications, to an application made under subsection (1)(a).

(3)

If the Electoral Commission cancels the registration of the logo of a political party, the Electoral Commission must, as soon as is reasonably practicable and in any case not later than 10 working days after the date of cancellation,—

(a)

give written notice of the cancellation and the reasons for the cancellation to—

(i)

the applicant, if the registration of the logo was cancelled under subsection (1)(a) on the application of a person described in section 71C(2)(a)(ii); and

(ii)

the secretary of the political party; and

(b)

arrange for the cancellation to be published in the Gazette.

Section 71I: inserted, on 25 March 2014, by section 15 of the Electoral Amendment Act 2014 (2014 No 8).

Part 5 Registration of electors

72 Rules for determining place of residence within New Zealand

(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) 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), 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) 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.

Compare: 1956 No 107 s 37; 1989 No 31 s 2; 1990 No 1 s 7

Section 72(5): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 72(6)(b): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 72(6)(c): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 72(6)(d): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 72(10): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

73 Meaning of permanent resident of New Zealand

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 15 or 16 of the Immigration Act 2009 applies; or

(ii)

a person obliged by or under that Act to leave New Zealand immediately or within a specified time; or

(iii)

treated for the purposes of that Act as being unlawfully in New Zealand.

Compare: 1956 No 107 s 38; 1980 No 29 s 10(1); 1987 No 74 s 151(1)

Section 73(a): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 73(b): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Qualification of electors

74 Qualification of electors

(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 1 year; and

(c)

that electoral district—

(i)

is the last in which that person has continuously resided for a period equalling or exceeding 1 month; or

(ii)

where that person has never resided continuously in any one electoral district for a period equalling or exceeding 1 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 1 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), to have completed on that Monday a period of 1 month’s continuous residence in that electoral district.

Compare: 1956 No 107 s 39; 1983 No 104 s 3(1); 1985 No 150 s 2(1), (2)

75 Registration in respect of more than 1 electoral district

(1)

Subject to subsection (2), a person shall not be entitled to be registered as an elector of more than 1 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), for the purposes of section 60, 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.

Compare: 1956 No 107 s 40; 1983 No 104 s 4

76 Maori option

(1)

Subject to this section and to sections 77 to 79, 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), on the first subsequent application for registration as an elector; or

(c)

in any other case, in accordance with section 77 or section 78.

Compare: 1956 No 107 s 41; 1980 No 29 s 12(1); 1981 No 120 s 14(1)

77 Periodic exercise of Maori option and determination of Maori population

(1)

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

(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).

(3)

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

(4)

Subject to subsections (3) and (5) and to section 269(2), 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).

(5)

Notwithstanding subsection (4), 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), 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 Electoral Commission shall, as soon as practicable after the last day of each period specified in a notice published under subsection (2), 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 Electoral Commission 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.

Compare: 1956 No 107 s 41A; 1980 No 29 s 12(1); 1981 No 120 s 15; 1990 No 1 s 8

Section 77(2): amended, on 2 September 1996, by section 2 of the Electoral Amendment Act (No 3) 1996 (1996 No 154).

Section 77(6): amended, on 1 July 2012, by section 52(17)(b) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 77(6)(b): amended, on 21 March 2017, by section 19 of the Electoral Amendment Act 2017 (2017 No 9).

Section 77(6)(b): amended, on 18 March 2002, by section 20 of the Electoral Amendment Act 2002 (2002 No 1).

Section 77(6)(c): inserted, on 18 March 2002, by section 20 of the Electoral Amendment Act 2002 (2002 No 1).

Section 77(6)(d): added, on 18 March 2002, by section 20 of the Electoral Amendment Act 2002 (2002 No 1).

78 Exercise of Maori option

(1)

A Maori who is registered as an elector on the first day of an option period may exercise once in that period the Maori option.

(2)

indicating his or her choice using an approved electronic medium:

(c)

completing an application for registration as an elector in accordance with section 83.

(6)

A Maori who is outside New Zealand, or who has a physical or mental impairment may exercise the Maori option through a representative, and section 86 applies with any necessary modifications.

(7)

[Repealed]

(8)

Advice received under subsection (5) is deemed to be an application for registration as an elector for the purposes of—

(a)

the definition of electoral roll in section 3(1); and

(b)

sections 89A, 98, and 103.

(9)

A Maori who receives a notice sent under subsection (2) but who does not exercise the option given by section 76(1) in the option period continues to be registered on the roll as an elector of the electoral district in which he or she is currently registered.

(10)

If a notice returned to the Electoral Commission under subsection (5)(a) is received by the Electoral Commission by post after the end of the option period but not later than noon on the day after the last day of that period, the notice is deemed to have been received in that option period, and the elector must, if the notice is otherwise in order, be deemed to have exercised the option given by section 76(1) in that option period.

(11)

If a notice returned to the Electoral Commission under subsection (5)(a) is received by the Electoral Commission within the option period but that notice does not comply with the requirements for signing and dating, the Electoral Commission may treat the notice as being in accordance with those requirements before the end of that option period if the non-compliance is remedied within 6 days after the end of that option period.

(12)

For the purposes of this section,—

Maori option means the option provided by section 76(1)

option period means the period specified in a notice published under section 77(2)

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 by the Electoral Commission.

Section 78: replaced, on 25 March 2014, by section 16 of the Electoral Amendment Act 2014 (2014 No 8).

Section 78(2): amended, on 21 March 2017, by section 20(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(2): amended, on 21 March 2017, by section 20(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(2): amended, on 21 March 2017, by section 20(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(2)(b)(ii): amended, on 21 March 2017, by section 20(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(5): amended, on 21 March 2017, by section 20(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(5)(a): amended, on 21 March 2017, by section 20(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(7): repealed, on 21 March 2017, by section 20(4) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(10): amended, on 21 March 2017, by section 20(5)(a) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(10): amended, on 21 March 2017, by section 20(5)(b) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(11): amended, on 21 March 2017, by section 20(6)(a) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(11): amended, on 21 March 2017, by section 20(6)(b) of the Electoral Amendment Act 2017 (2017 No 9).

Section 78(12) person registered as an elector: amended, on 21 March 2017, by section 20(7) of the Electoral Amendment Act 2017 (2017 No 9).

79 Restriction on transfer between General and Maori electoral rolls

Except as provided in sections 76 to 78,—

(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.

Compare: 1956 No 107 s 41C; 1981 No 120 s 17

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).

81 Prison manager to forward to Electoral Commission details of prisoners disqualified for registration

Not later than 7 days after a person described in section 80(1)(d) is received into a prison to serve the whole or part of their sentence, the prison manager must forward to the Electoral Commission a notice stating—

(a)

the name, previous residential address, and date of birth of the person; and

(b)

the name and address of the prison.

Section 81: replaced, on 30 June 2020, by section 6 of the Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 (2020 No 26).

Registration

82 Compulsory registration of electors

(1)

A person who is qualified to be registered as an elector of any electoral district and who is in New Zealand must apply to the Electoral Commission for registration as an elector—

(a)

within 1 month after the date on which he or she first becomes qualified to be registered as an elector:

(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 89G.

(2)

Any person aged 17 years or older, but under 18 years, may apply to the Electoral Commission for registration as an elector, and that person is not then required to apply for registration as an elector on attaining the age of 18 years.

(3)

A person who is qualified to be registered as an elector of any electoral district and who is outside New Zealand may apply at any time to the Electoral Commission for registration as an elector.

(4)

Where a Maori is qualified to be registered as an elector of both a Maori electoral district and a General electoral district, that person may apply for registration as an elector of only one of those districts, being the district in respect of which that person has exercised his or her option under section 76.

(5)

A 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 apply.

(6)

A person who applies for registration as an elector is not liable to prosecution for his or her earlier failure to apply for registration as an elector.

(7)

A person who commits an offence against this section is liable on conviction to a fine not exceeding—

(a)

$100 on a first conviction; and

(b)

$200 on a second or subsequent conviction.

Section 82: replaced, on 25 March 2014, by section 17 of the Electoral Amendment Act 2014 (2014 No 8).

Section 82(1): amended, on 21 March 2017, by section 23 of the Electoral Amendment Act 2017 (2017 No 9).

Section 82(2): amended, on 21 March 2017, by section 23 of the Electoral Amendment Act 2017 (2017 No 9).

Section 82(3): amended, on 21 March 2017, by section 23 of the Electoral Amendment Act 2017 (2017 No 9).

83 Application for registration

(1)

An application for registration as an elector may be made to the Electoral Commission—

(a)

in writing, by completing and signing a form that the Electoral Commission has approved and returning it to the Electoral Commission; or

(b)

in an approved electronic medium, by providing the information necessary to complete the form.

(2)

is in a form approved by the Electoral Commission for use as an application for registration as an elector; and

(b)

is completed by the declarant with the details specified in subsection (2)(a), (b), (c), and (h), and signed.

(4)

If a person does not specify in his or her application whether he or she is a Maori, this Act applies as if the person had specified in his or her application that he or she is not a Maori.

(5)

An application for registration as an elector that is rejected by the Electoral Commission is treated as not having been made.

(6)

[Repealed]

Section 83: replaced, on 25 March 2014, by section 17 of the Electoral Amendment Act 2014 (2014 No 8).

Section 83(1): amended, on 21 March 2017, by section 24(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 83(1)(a): amended, on 21 March 2017, by section 24(2)(a) of the Electoral Amendment Act 2017 (2017 No 9).

Section 83(1)(a): amended, on 21 March 2017, by section 24(2)(b) of the Electoral Amendment Act 2017 (2017 No 9).

Section 83(1)(b): amended, on 21 March 2017, by section 24(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 83(3): amended, on 21 March 2017, by section 24(4) of the Electoral Amendment Act 2017 (2017 No 9).

Section 83(3)(a): amended, on 21 March 2017, by section 24(5) of the Electoral Amendment Act 2017 (2017 No 9).

Section 83(3A): inserted, on 11 March 2020, by section 5 of the Electoral Amendment Act 2020 (2020 No 2).

sets out the capacity in which he or she is acting; and

(b)

confirms that he or she is duly authorised to act in making that application or providing that information.

(2)

A statement under subsection (1) must be provided—

(a)

in writing, by completing and signing a form approved for the purpose by the Electoral Commission; or

(b)

in an approved electronic medium, by providing the information necessary to complete the form.

Section 86: replaced, on 25 March 2014, by section 17 of the Electoral Amendment Act 2014 (2014 No 8).

86A Registration of prisoners serving sentence of imprisonment of less than 3 years

(1)

This section applies when—

(a)

a prisoner who is 18 years or older—

(i)

is received into a prison to serve a sentence of imprisonment for a term of less than 3 years; or

(ii)

has their sentence of imprisonment reduced or altered on appeal, or following a retrial, to a term of less than 3 years; or

(b)

a prisoner turns 18 years while serving a sentence of imprisonment for a term of less than 3 years.

(2)

If this section applies, the prison manager must, as soon as is reasonably practicable,—

(a)

advise the prisoner that if they are a New Zealand citizen or a permanent resident of New Zealand (as defined in section 73) and have at some time resided continuously in New Zealand for a period of not less than 1 year they are qualified to be registered as an elector of an electoral district, and are required by section 82 to apply to the Electoral Commission for registration; and

(b)

ask the prisoner whether they want their enrolment details sent to the Electoral Commission to facilitate their registration as an elector.

(3)

If the prisoner wants their enrolment details sent to the Electoral Commission to facilitate their registration as an elector, section 86B applies.

Section 86A: inserted, on 30 June 2020, by section 7 of the Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 (2020 No 26).

Section 86A(1): replaced, on 2 July 2020, by section 5 of the Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 (2020 No 34).

86AB Registration of prisoners released after serving sentence of imprisonment of 3 years or more

(1)

Before a prisoner who is serving a sentence of imprisonment for a term of 3 years or more is released on parole or after serving the full sentence, the prison manager must, if the prisoner is 18 years or older,—

(a)

advise the prisoner that if they are a New Zealand citizen or a permanent resident of New Zealand (as defined in section 73) they will, on release, be qualified to be registered as an elector of an electoral district, and are required by section 82 to apply to the Electoral Commission, within 1 month after their release, for registration; and

(b)

ask the prisoner whether they want their enrolment details sent to the Electoral Commission to facilitate their registration as an elector.

(2)

If the prisoner wants their enrolment details sent to the Electoral Commission to facilitate their registration as an elector, section 86B applies.

Section 86AB: inserted, on 2 July 2020, by section 6 of the Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 (2020 No 34).

send the application and supporting information to the Electoral Commission with the prisoner’s enrolment information.

(4)

A prison manager may not use or disclose the information collected from a prisoner other than in accordance with subsection (2) or (3).

(5)

If, at any time after a prison manager sends a prisoner’s information to the Electoral Commission, the overall length of a prisoner’s sentence or sentences of imprisonment changes in a way that results in the prisoner becoming disqualified for registration as an elector under section 80(1)(d), the prison manager must advise the Electoral Commission.

Section 86B: inserted, on 30 June 2020, by section 7 of the Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 (2020 No 26).

Section 86B(1): amended, on 2 July 2020, by section 7(1) of the Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 (2020 No 34).

Section 86B(2): replaced, on 2 July 2020, by section 7(2) of the Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 (2020 No 34).

Section 86B(5): inserted, on 2 July 2020, by section 7(3) of the Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 (2020 No 34).

86C Enrolment information received from prison manager treated as application for registration

(1)

The Electoral Commission must, for the purposes of this Act, treat—

(a)

the receipt of a person’s details referred to in section 86B(1)(a) as an application by the person to register as an elector of an electoral district; and

(b)

the receipt of a person’s preference referred to in section 86B(1)(b) to be enrolled on the Maori electoral roll as a request by the person to be registered as an elector of a Maori electoral district.

(2)

This section overrides section 83(1) to (4).

Section 86C: inserted, on 30 June 2020, by section 7 of the Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 (2020 No 26).

86D Delegation of prison manager’s functions under sections 86A, 86AB, and 86B

(1)

A prison manager may delegate to 1 or more prison officers the prison manager’s functions under sections 86A, 86AB, and 86B.

(2)

Subject to any directions or conditions imposed by the prison manager, a prison officer to whom the prison manager’s functions are delegated under this section may carry out those functions in the same manner and with the same effect as if they had been conferred on the prison officer directly by sections 86A, 86AB, and 86B.

(3)

A delegation must be in writing and may be revoked at any time.

(4)

In this section, prison officer means an officer within the meaning of paragraph (a)(ii) of the definition of that term in section 3(1) of the Corrections Act 2004.

Section 86D: inserted, on 30 June 2020, by section 7 of the Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 (2020 No 26).

Section 86D heading: amended, on 2 July 2020, by section 8(1) of the Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 (2020 No 34).

Section 86D(1): amended, on 2 July 2020, by section 8(2) of the Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 (2020 No 34).

Section 86D(2): amended, on 2 July 2020, by section 8(2) of the Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 (2020 No 34).

86E Prison manager to communicate with prisoner in way prisoner can understand

When carrying out their duties under sections 86A, 86AB, and 86B, a prison manager must communicate with a prisoner in a way that the prisoner can reasonably be expected to understand.

Section 86E: inserted, on 30 June 2020, by section 7 of the Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 (2020 No 26).

Section 86E: amended, on 2 July 2020, by section 9 of the Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 (2020 No 34).

87 Procedure if immigration status means applicant apparently not qualified to be registered

(1)

This section applies if, as a result of a comparison carried out under section 263A, the Electoral Commission believes that a person who has applied to be (but is not yet) registered as an elector of an electoral district is—

(a)

unlawfully in New Zealand; or

(b)

lawfully in New Zealand but only by virtue of being the holder of a temporary entry class visa of whatever type.

(2)

If this section applies, the Electoral Commission must comply with subsections (3) to (5) before determining whether the applicant is qualified to be registered.

(3)

The Electoral Commission must, as soon as practicable, deliver to the applicant (personally or by post) a written notice that specifies—

(a)

that it believes that the person is—

(i)

unlawfully in New Zealand; or

(ii)

lawfully in New Zealand but only by virtue of being the holder of a temporary entry class visa of whatever type; and

(b)

that it may determine that the applicant’s immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to it by or on behalf of the applicant within 10 working days after the applicant receives the notice.

(4)

If the Electoral Commission receives no response within the time required, it must, as soon as practicable, deliver to the applicant (personally or by post) a further written notice that specifies—

(a)

the advice that it received under section 263A(5) in respect of the applicant; and

(b)

the date on which the initial notice was delivered to the applicant; and

(c)

(5)

The Electoral Commission may determine whether the applicant is qualified to be registered if—

(a)

it has not received any response within the time specified in subsection (4)(c); or

(b)

it has considered any response that was received within that time.

(6)

If the Electoral Commission determines that the applicant is not qualified to be registered, it must deliver to the applicant (personally or by post) a written notice of the determination.

(7)

For the purposes of this section, a notice sent to the applicant by post—

(a)

is, in the absence of proof to the contrary, to be treated as having been delivered to and received by the applicant by post on the fourth working day after the date on which it is sent by post; and

(b)

is to be treated as sent by post to the applicant on a particular day if it is proved to have been—

(i)

properly addressed to the applicant; and

(ii)

submitted on that day to a person registered as a postal operator under the Postal Services Act 1998 for posting.

Section 87: replaced, on 21 March 2017, by section 25 of the Electoral Amendment Act 2017 (2017 No 9).

88 Applications received after issue of writ

(1)

must, if the Electoral Commission subsequently determines that the person is qualified to be registered as an elector, enter the name of the person on the electoral roll.

Section 88: replaced, on 21 March 2017, by section 26 of the Electoral Amendment Act 2017 (2017 No 9).

Section 88(1): replaced, on 11 March 2020, by section 6(1) of the Electoral Amendment Act 2020 (2020 No 2).

Section 88(1A): inserted, on 11 March 2020, by section 6(1) of the Electoral Amendment Act 2020 (2020 No 2).

Section 88(2): amended, on 11 March 2020, by section 6(2) of the Electoral Amendment Act 2020 (2020 No 2).

Section 88(2)(a): amended, on 11 March 2020, by section 6(2) of the Electoral Amendment Act 2020 (2020 No 2).

Section 88(2)(b)(ii): amended, on 11 March 2020, by section 6(2) of the Electoral Amendment Act 2020 (2020 No 2).

Section 88(3)(c): replaced, on 11 March 2020, by section 6(3) of the Electoral Amendment Act 2020 (2020 No 2).

Section 88(4): inserted, on 11 March 2020, by section 6(4) of the Electoral Amendment Act 2020 (2020 No 2).

89 Procedure following application for registration

(1)

If the Electoral Commission is satisfied that any applicant for registration as an elector (whether by transfer from another district, or otherwise) is qualified to be registered, the Electoral Commission must enter the name of the applicant on the roll.

(2)

If the Electoral Commission believes that a Māori applicant is prevented, by the manner in which the applicant last exercised the option given by section 76, from being registered as an elector of the district to which the application relates, the Electoral Commission must notify the applicant of its reasons for refusing the application.

(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 Electoral Commission 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 Electoral Commission must, subject to subsection (4), 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 Electoral Commission has, under subsection (3), included the name of any person on any main, supplementary, or composite roll printed as at writ day, the Electoral Commission must, 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.

Compare: 1956 No 107 s 49(1), (4), (5); 1980 No 29 s 17(1); 1981 No 120 s 21

Section 89 (former section 87): renumbered, on 25 March 2014, by section 18 of the Electoral Amendment Act 2014 (2014 No 8).

Former section 89: repealed, on 25 March 2014, by section 21 of the Electoral Amendment Act 2014 (2014 No 8).

Section 89(1): amended, on 21 March 2017, by section 27(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89(1): amended, on 21 March 2017, by section 27(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89(2): replaced, on 21 March 2017, by section 27(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89(3): amended, on 21 March 2017, by section 27(4)(a) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89(3): amended, on 21 March 2017, by section 27(4)(b) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89(4): amended, on 21 March 2017, by section 27(5)(a) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89(4): amended, on 21 March 2017, by section 27(5)(b) of the Electoral Amendment Act 2017 (2017 No 9).

89A Notice of registration

The Electoral Commission must, not later than 14 days after the registration of a person as an elector, deliver to that person personally, or send to that person by post, written notice of the registration.

Section 89A: inserted, on 25 March 2014, by section 22 of the Electoral Amendment Act 2014 (2014 No 8).

Section 89A: amended, on 21 March 2017, by section 28 of the Electoral Amendment Act 2017 (2017 No 9).

Change of address

Heading: inserted, on 25 March 2014, by section 22 of the Electoral Amendment Act 2014 (2014 No 8).

89B Elector must give notice of change of place of residence within electoral district

(1)

amend the roll to record the change in the elector’s place of residence; and

(b)

give confirmation to the elector, in accordance with section 94A, of that amendment.

(6)

An elector who knowingly and wilfully fails to comply with subsection (2)—

(a)

commits an offence and is liable on conviction to a fine—

(i)

not exceeding $50 on a first conviction; and

(ii)

not exceeding $100 on any subsequent conviction; but

(b)

is not, by reason only of that failure, disqualified from voting at an election in the electoral district in which he or she is registered.

(7)

Despite subsection (6), an elector who gives notice of the matters specified in subsection (2) after the expiry of the period referred to in that subsection but before the commencement of a prosecution is not liable for prosecution for his or her earlier failure to give notice.

Section 89B: inserted, on 25 March 2014, by section 22 of the Electoral Amendment Act 2014 (2014 No 8).

Section 89B(3)(a): amended, on 21 March 2017, by section 29(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89B(5): amended, on 21 March 2017, by section 29(2) of the Electoral Amendment Act 2017 (2017 No 9).

89C Elector must give notice of change of place of residence to different electoral district

(1)

This section applies to an elector who, being registered as an elector of an electoral district, changes his or her place of residence to a different electoral district (the new electoral district).

(2)

The elector must, within 2 months after the date on which he or she changed his or her place of residence, give notice of—

(a)

the change in his or her place of residence; and

(b)

the date on which the change occurred; and

(c)

the address of the new place of residence.

(3)

Notice under subsection (2) must be given—

(a)

in an approved electronic medium; or

(b)

in writing to the Electoral Commission in a form that the Electoral Commission has approved; or

(c)

by applying, under section 83, to the Electoral Commission for registration as an elector.

(4)

An elector who has a physical or mental impairment may give notice under subsection (2) through a representative, and section 86 applies with any necessary modifications.

(5)

For the purposes of section 89(1), an elector who gives notice under subsection (2) (by any method specified in subsection (3)) is an applicant for registration as an elector.

(6)

[Repealed]

(7)

[Repealed]

(8)

[Repealed]

(9)

[Repealed]

(10)

[Repealed]

(11)

[Repealed]

(12)

[Repealed]

(13)

[Repealed]

(14)

An elector who knowingly or wilfully fails to comply with subsection (2) commits an offence and is liable on conviction to a fine—

(a)

not exceeding $100 on a first conviction; and

(b)

not exceeding $200 on any subsequent conviction.

(15)

Despite subsection (14), an elector who gives notice of the matters specified in subsection (2) after the expiry of the period referred to in that subsection but before the commencement of a prosecution is not liable for prosecution for his or her earlier failure to give notice.

(16)

[Repealed]

Section 89C: inserted, on 25 March 2014, by section 22 of the Electoral Amendment Act 2014 (2014 No 8).

Section 89C(2): replaced, on 1 May 2017, by section 30(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89C(3)(b): replaced, on 1 May 2017, by section 30(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89C(3)(c): replaced, on 1 May 2017, by section 30(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89C(5): replaced, on 1 May 2017, by section 30(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89C(6): repealed, on 1 May 2017, by section 30(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89C(7): repealed, on 1 May 2017, by section 30(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89C(8): repealed, on 1 May 2017, by section 30(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89C(9): repealed, on 1 May 2017, by section 30(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89C(10): repealed, on 1 May 2017, by section 30(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89C(11): repealed, on 1 May 2017, by section 30(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89C(12): repealed, on 1 May 2017, by section 30(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89C(13): repealed, on 1 May 2017, by section 30(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89C(16): repealed, on 1 May 2017, by section 30(4) of the Electoral Amendment Act 2017 (2017 No 9).

Updating of electoral rolls

Heading: inserted, on 25 March 2014, by section 22 of the Electoral Amendment Act 2014 (2014 No 8).

89D Inquiry to be made to update electoral rolls

(1)

The Electoral Commission must, at the times required by or under this section, direct an inquiry to be made in relation to the particulars on the roll for every person registered as an elector of a district.

(2)

a person registered as an elector includes any person of or over the age of 17 years who has had an application to register as an elector accepted by the Electoral Commission; and

(b)

the particulars contained in the application to register are the particulars on the roll for that person.

Section 89D: inserted, on 25 March 2014, by section 22 of the Electoral Amendment Act 2014 (2014 No 8).

Section 89D(1): amended, on 21 March 2017, by section 31(1)(a) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89D(1): amended, on 21 March 2017, by section 31(1)(b) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89D(2)(b): amended, on 21 March 2017, by section 31(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89D(3): amended, on 21 March 2017, by section 31(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89D(3)(a): amended, on 21 March 2017, by section 31(4) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89D(3)(b): amended, on 21 March 2017, by section 31(5) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89D(5): replaced, on 21 March 2017, by section 31(6) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89D(7)(a): amended, on 21 March 2017, by section 31(7) of the Electoral Amendment Act 2017 (2017 No 9).

89E No inquiry required if application for registration as elector received

If the Electoral Commission receives, during an inquiry under section 89D(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 89D; and

(b)

the Electoral Commission must notify that elector that he or she will not receive an inquiry under section 89D.

Section 89E: inserted, on 25 March 2014, by section 22 of the Electoral Amendment Act 2014 (2014 No 8).

may be rejected for incompleteness under section 83(3) (which applies with all necessary modifications) if it does not include all the details specified in section 83(2)(a), (b), (c), and (h).

Section 89F: inserted, on 25 March 2014, by section 22 of the Electoral Amendment Act 2014 (2014 No 8).

Section 89F(1): replaced, on 21 March 2017, by section 33(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89F(2): amended, on 21 March 2017, by section 33(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89F(3)(a): amended, on 21 March 2017, by section 33(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89F(3)(b): amended, on 21 March 2017, by section 33(2) of the Electoral Amendment Act 2017 (2017 No 9).

89G Elector who cannot be contacted to be included in dormant roll

(1)

This section applies if—

(a)

the Electoral Commission is notified that an inquiry made under section 89D(1) or a notice 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 Electoral Commission must—

(a)

make any inquiry as to the whereabouts of the elector that the Electoral Commission thinks fit; and

(b)

if the Electoral Commission is unable to contact the elector, remove the name of the elector from the roll and include the name in the dormant roll maintained under section 109.

Section 89G: inserted, on 25 March 2014, by section 22 of the Electoral Amendment Act 2014 (2014 No 8).

Section 89G(1)(a): amended, on 21 March 2017, by section 34(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89G(2): amended, on 21 March 2017, by section 34(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89G(2)(a): amended, on 21 March 2017, by section 34(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89G(2)(b): amended, on 21 March 2017, by section 34(4) of the Electoral Amendment Act 2017 (2017 No 9).

Changes of address[Repealed]

Heading: repealed, on 25 March 2014, by section 23 of the Electoral Amendment Act 2014 (2014 No 8).

90 Changes of address to be notified

[Repealed]

Section 90: repealed, on 25 March 2014, by section 23 of the Electoral Amendment Act 2014 (2014 No 8).

91 Effect of failure to notify change of address

[Repealed]

Section 91: repealed, on 25 March 2014, by section 23 of the Electoral Amendment Act 2014 (2014 No 8).

Death of registered elector

92 Notification of death of registered elector

(1)

The Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995 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 Electoral Commission.

(2)

The information referred to in subsection (1) is the fact of the death, together with any particulars known to the Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995 that may be required to enable the Electoral Commission—

(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.

Section 92: substituted, on 18 March 2002, by section 28(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 92(1): amended, on 1 July 2012, by section 52(16)(b) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 92(1): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 92(2): amended, on 1 July 2012, by section 52(5) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 92(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 92(2): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Marriage or civil union of registered elector

Heading: substituted, on 18 March 2002, by section 28(1) of the Electoral Amendment Act 2002 (2002 No 1).

Heading: amended, on 26 April 2005, by section 46 of the Civil Union Act 2004 (2004 No 102).

93 Notification of marriages and civil unions

(1)

In this section, Registrar-General means the Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995.

(2)

send to the party to the marriage or civil union a notice asking for details of any changes resulting from the marriage or civil union that may be required to the name, address, and occupation under which he or she is registered on the roll; and

(b)

if a change is required, amend the roll in accordance with the details supplied.

(5)

If an amendment to the roll is required under subsection (4) and the amendment does not appear on the main or supplementary roll printed for any election, the person is, if otherwise qualified, entitled to vote at the election under his or her former name as it appears on the roll.

Section 93: substituted, on 7 July 2010, by section 4 of the Electoral Amendment Act 2010 (2010 No 63).

Section 93(2): amended, on 1 July 2012, by section 52(17)(i) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 93(4): amended, on 1 July 2012, by section 52(17)(i) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Change of name of registered elector

Heading: substituted, on 18 March 2002, by section 28(1) of the Electoral Amendment Act 2002 (2002 No 1).

94 Notification of change of name

(1)

This section applies if a person registers a change of his or her name under section 21B of the Births, Deaths, Marriages, and Relationships Registration Act 1995.

(2)

The Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995 must provide to the Electoral Commission the following information for the purposes of determining whether any change is required to the name and address under which that person is registered on the roll:

(a)

the old name and the new name of the person; and

(b)

the person’s date of birth; and

(c)

the person’s full residential address.

Section 94: substituted, on 18 March 2002, by section 28(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 94(1): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 94(2): amended, on 1 July 2012, by section 52(17)(j) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 94(2): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Confirmation of change of name, address, or other particulars

Heading: inserted, on 18 March 2002, by section 28(1) of the Electoral Amendment Act 2002 (2002 No 1).

94A Confirmation of change of name, address, or other particulars

(1)

This section applies if the Electoral Commission, in accordance with this Act, amends, in relation to any person whose name appears on the roll, any of the following particulars:

(a)

the place of residence of the person, following a change of residence within an electoral district; or

(b)

the name of the person; or

(c)

any other particulars of a kind specified in section 83(2)(d), (g), or (h).

(2)

The Electoral Commission must, not later than 14 days after the roll is amended, deliver to that person personally, or send to that person by post, notice in writing of the amendment of the particulars on the roll.

Section 94A: inserted, on 18 March 2002, by section 28(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 94A(1): amended, on 21 March 2017, by section 35 of the Electoral Amendment Act 2017 (2017 No 9).

Section 94A(1)(c): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 94A(2): amended, on 21 March 2017, by section 35 of the Electoral Amendment Act 2017 (2017 No 9).

Objections to registration

95 Elector’s objection

(1)

Any elector may at any time object to the name of any person being on the roll for any district on the ground that that person is not qualified to be registered as an elector of that district.

(2)

Every such objection—

(a)

shall be made in writing to the Electoral Commission; and

(b)

shall specify—

(i)

the name of the objector; and

(ii)

sufficient particulars to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection.

(3)

Where the Electoral Commission considers that the particulars included in an objection are insufficient to inform the person objected to of the ground for the objection or the reason or reasons supporting that ground, the Electoral Commission must by written notice require the objector to provide within 14 days of the giving of the notice such further particulars as the Electoral Commission thinks fit.

(4)

Where any objector fails to comply with a notice given under subsection (3), the Electoral Commission must give a second such notice to the objector and, if the objector fails to comply with the second such notice, the Electoral Commission must take no further action in relation to the objection and shall notify the objector accordingly.

Section 95: substituted, on 6 December 1995, by section 28 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 95(2)(a): amended, on 21 March 2017, by section 36(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95(3): amended, on 21 March 2017, by section 36(2)(a) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95(3): amended, on 21 March 2017, by section 36(2)(b) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95(3): amended, on 21 March 2017, by section 36(2)(c) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95(4): amended, on 21 March 2017, by section 36(3) of the Electoral Amendment Act 2017 (2017 No 9).

95A Notice of elector’s objection

(1)

Subject to subsections (3) and (4) of section 95, the Electoral Commission must, on receipt of an objection under section 95, forthwith serve on—

(a)

the person objected to; or

(b)

the person who, under section 12(1) of the Protection of Personal and Property Rights Act 1988, is the welfare guardian for the person objected to; or

(c)

the attorney appointed by the person objected to under an enduring power of attorney,—

notice in writing of the objection, which notice must include both the name of the objector and the particulars specified by the objector (being particulars sufficient to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection).

(2)

Any notice issued under subsection (1) shall be served personally in accordance with the rules governing personal service contained in District Court Rules 2014.

(3)

The notice issued by the Electoral Commission under subsection (1) must also inform the person objected to—

(a)

that he or she may forward to the Electoral Commission a statement signed by him or her giving reasons why his or her name should be retained on the roll; and

(b)

that his or her name will be retained on the roll if he or she provides the Electoral Commission with evidence that satisfies the Electoral Commission that the name of the person objected to should be retained on the roll; and

(c)

that if he or she fails to forward a statement to the Electoral Commission within 14 days after the day on which that notice is served on the person objected to, the Electoral Commission will, under section 95B, remove from the roll the name of the person objected to.

(4)

If, after making the inquiries it thinks fit, the Electoral Commission is unable to serve the notice of objection on a person personally after making at least 2 attempts, the Electoral Commission must—

(a)

remove the name of the person from the roll; and

(b)

include the name in the dormant roll maintained under section 109.

Section 95A: inserted, on 6 December 1995, by section 28 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 95A(1): amended, on 21 March 2017, by section 37(1)(a) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95A(1): amended, on 21 March 2017, by section 37(1)(b) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95A(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 95A(3): amended, on 21 March 2017, by section 37(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95A(3)(a): amended, on 21 March 2017, by section 37(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95A(3)(b): amended, on 21 March 2017, by section 37(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95A(3)(c): amended, on 21 March 2017, by section 37(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95A(4): replaced, on 21 March 2017, by section 37(4) of the Electoral Amendment Act 2017 (2017 No 9).

95B Power to remove name from roll

Where, within 14 days after the day on which a notice under section 95A(1) or section 96(2) is served on the person objected to,—

(a)

the person objected to; or

(b)

the person who, under section 12(1) of the Protection of Personal and Property Rights Act 1988, is the welfare guardian for the person objected to; or

(c)

the attorney appointed by the person objected to under an enduring power of attorney,—

either fails to provide evidence of eligibility to be on the roll or notifies the Electoral Commission that he or she consents to the removal from the roll of the name of the person objected to, the Electoral Commission must, unless the objection has been withdrawn by the objector, remove from the roll the name of the person objected to and must notify the parties accordingly.

Section 95B: inserted, on 6 December 1995, by section 28 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 95B: amended, on 21 March 2017, by section 38(a) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95B: amended, on 21 March 2017, by section 38(b) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95B: amended, on 21 March 2017, by section 38(c) of the Electoral Amendment Act 2017 (2017 No 9).

95C Power to retain name on roll

Where, within 14 days after the day on which a notice under section 95A(1) or section 96(2) is served on the person objected to,—

(a)

the person objected to; or

(b)

the person who, under section 12(1) of the Protection of Personal and Property Rights Act 1988, is the welfare guardian for the person objected to; or

(c)

the attorney appointed by the person objected to under an enduring power of attorney,—

provides the Electoral Commission with evidence that satisfies the Electoral Commission that the person objected to is qualified to be on the roll, the name of the person objected to shall be retained on the roll and the Electoral Commission must notify the parties accordingly.

Section 95C: inserted, on 6 December 1995, by section 28 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 95C: amended, on 21 March 2017, by section 39(a) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95C: amended, on 21 March 2017, by section 39(b) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95C: amended, on 21 March 2017, by section 39(c) of the Electoral Amendment Act 2017 (2017 No 9).

95D Reference of elector’s objection to District Court

(1)

Unless,—

(a)

within 14 days after the day on which a notice under section 95A(1) or section 96(2) is served on the person objected to, the objection is withdrawn; or

(b)

the name of the person who is objected to is removed from the roll under section 95B or retained on the roll under section 95C,—

the Electoral Commission must refer the objection to the District Court, and must notify the parties of the time and place appointed for the hearing.

(2)

Subject to subsection (3), where any party notifies the Electoral Commission that the party is dissatisfied with a decision of the Electoral Commission made under section 95B or section 95C, the Electoral Commission must refer the objection to the District Court, and must notify the parties of the time and place appointed for the hearing.

(3)

Any notification given by a party under subsection (2) shall be in writing and shall be given within 14 days after the day on which the party is notified by the Electoral Commission under section 95B or section 95C, as the case may be.

Section 95D: inserted, on 6 December 1995, by section 28 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 95D(1): amended, on 21 March 2017, by section 40(1)(a) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95D(1): amended, on 21 March 2017, by section 40(1)(b) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95D(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 95D(2): amended, on 21 March 2017, by section 40(2)(a) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95D(2): amended, on 21 March 2017, by section 40(2)(b) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95D(2): amended, on 21 March 2017, by section 40(2)(c) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95D(2): amended, on 21 March 2017, by section 40(2)(d) of the Electoral Amendment Act 2017 (2017 No 9).

Section 95D(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 95D(3): amended, on 21 March 2017, by section 40(3) of the Electoral Amendment Act 2017 (2017 No 9).

96 Electoral Commission’s objection

(1)

The Electoral Commission may at any time object to the name of any person being on the roll for a district on the ground that the person is not qualified to be registered as an elector of the district.

(2)

remove the person’s name from the roll; and

(b)

include the person’s name in the dormant roll maintained under section 109.

(5)

Nothing in this section affects any other provision of this Act that relates to the removal of names from the roll by the Electoral Commission.

Section 96: replaced, on 21 March 2017, by section 41 of the Electoral Amendment Act 2017 (2017 No 9).

97 Procedure on reference of application or objection to District Court

(1)

The following provisions of this section shall apply with respect to proceedings on the reference to the District Court of an objection under section 95 or section 96.

(2)

The Electoral Commission, any objector, and the person objected to may appear before the court either in person or by some person appointed by it or him or her in writing or by a barrister or solicitor.

(3)

In the case of an objection, the person objected to may forward to the Registrar of the court a statement signed by him or her giving reasons why his or her name should be retained on the roll, and the court shall take any such statement into account in determining the objection.

(3A)

If a person objected to has a physical or mental impairment, that person’s representative may sign and forward to a Registrar of the court a statement giving reasons why the person’s name should not be removed from the roll.

(4)

If any person objected to does not either appear or forward a statement as aforesaid, the court shall make an order that his or her name be removed from the roll.

(5)

Except as otherwise provided in this section, the name of any person objected to shall not be removed from the roll until the objection has been determined.

(6)

At the hearing of an objection no grounds of objection shall be taken into account except those specified in the particulars of the objection.

(7)

In any proceedings to which this section applies the court may make such order as to costs as the court thinks fit.

(8)

Subject to the provisions of this section, the ordinary rules of procedure of the court shall apply.

(9)

The Electoral Commission must make any additions, deletions, and alterations to the roll that may be necessary to give effect to the order of the court.

Compare: 1956 No 107 s 55; 1975 No 28 s 24(2)(b); 1980 No 29 s 5(8)

Section 97(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 97(2): amended, on 21 March 2017, by section 42(1)(a) of the Electoral Amendment Act 2017 (2017 No 9).

Section 97(2): amended, on 21 March 2017, by section 42(1)(b) of the Electoral Amendment Act 2017 (2017 No 9).

Section 97(3A): inserted, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 97(3A): amended, on 21 March 2017, by section 42(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 97(9): amended, on 21 March 2017, by section 42(3) of the Electoral Amendment Act 2017 (2017 No 9).

Removal of names from roll and alterations to roll

98 Removal of names from roll by Electoral Commission

as a result of false information,—

may place the name of that person on the roll at any time or restore the name of that person to the roll at any time.

(3)

In addition to other powers of alterations conferred by this Act, the Electoral Commission may at any time, subject to subsection (6), alter the roll—

(a)

by correcting any mistake or omission in the particulars of the enrolment of a person:

(b)

by striking out the superfluous entry when the name of a person appears more than once on the roll.

(4)

The Electoral Commission may, subject to subsection (6), place a person’s name on the roll if—

(a)

the person has been registered as an elector of a district other than the district in which the person should have been registered; and

(b)

the person’s name has, under subsection (1)(h) or (i), been removed from the roll of the district for which the person was correctly registered.

(5)

Where, pursuant to this section, the name of a person is removed from the roll in the period commencing on the day after writ day and ending on polling day, the Electoral Commission must, on removing that name, enter it on a list to be known as the list of post-writ day deletions.

(6)

No alteration pursuant to this section shall be made to the roll for a district in the period beginning on the day after polling day and ending on the day after the day of the return of the writ.

Compare: 1956 No 107 s 57; 1983 No 104 s 10(1); 1985 No 149 s 11; 1985 No 150 s 2(3); 1990 No 1 s 24(2)

Section 98 heading: amended, on 21 March 2017, by section 43(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 98(1): amended, on 21 March 2017, by section 43(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 98(1)(b): amended, on 21 March 2017, by section 43(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 98(1)(b)(ii): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 98(1)(c): repealed, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 98(1)(d): substituted, on 18 March 2002, by section 31(3) of the Electoral Amendment Act 2002 (2002 No 1).

Section 98(1)(d): amended, on 21 March 2017, by section 43(4) of the Electoral Amendment Act 2017 (2017 No 9).

Section 98(1)(f)(i): amended, on 2 July 2020, by section 10(1) of the Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 (2020 No 34).

Section 98(1)(f)(i): amended, on 21 March 2017, by section 43(5) of the Electoral Amendment Act 2017 (2017 No 9).

Section 98(1)(f)(ii): inserted, on 2 July 2020, by section 10(2) of the Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 (2020 No 34).

Section 98(1)(f)(ii): repealed, on 30 June 2020, by section 8 of the Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 (2020 No 26).

Section 98(2): amended, on 21 March 2017, by section 43(5) of the Electoral Amendment Act 2017 (2017 No 9).

Section 98(3): amended, on 21 March 2017, by section 43(5) of the Electoral Amendment Act 2017 (2017 No 9).

Section 98(4): replaced, on 21 March 2017, by section 43(6) of the Electoral Amendment Act 2017 (2017 No 9).

Section 98(5): amended, on 11 March 2020, by section 7(1) of the Electoral Amendment Act 2020 (2020 No 2).

Section 98(5): amended, on 21 March 2017, by section 43(7) of the Electoral Amendment Act 2017 (2017 No 9).

Section 98(6): amended, on 11 March 2020, by section 7(2) of the Electoral Amendment Act 2020 (2020 No 2).

99 Notice of alterations to roll

(1)

Where, pursuant to any of the provisions of paragraphs (c) to (i) of section 98(1), the name of a person is removed from the roll, the Electoral Commission must, in accordance with subsection (3) or subsection (4), deliver or send to that person, notice in writing of the removal of that person’s name from the roll.

(2)

Where the name of a person (being a name which, pursuant to section 98(1)(h) or section 98(1)(i), has been removed from a roll) is entered, pursuant to section 98(4), on another roll, the Electoral Commission must, in accordance with subsection (3) or subsection (4), deliver or send to that person notice in writing of the entry of that person’s name on that other roll.

(3)

Subject to subsection (4), the notice required by subsection (1) or subsection (2)—

(a)

shall be delivered to the person personally or sent to the person by post; and

(b)

shall be so delivered or sent not later than 14 days after the date on which,—

(i)

where the notice is required by subsection (1), the person’s name is removed; or

(ii)

where the notice is required by subsection (2), the person’s name is entered.

(4)

Where the name of a person is removed or entered, as the case may be, in the period beginning on the day after writ day and ending on polling day, the notice required by subsection (1) or (2) must immediately be delivered to the person personally or sent to the person by post.

Compare: 1956 No 107 s 57A; 1983 No 104 s 10(1)

Section 99(1): amended, on 21 March 2017, by section 44(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 99(2): amended, on 21 March 2017, by section 44(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 99(2): amended, on 6 December 1995, by section 31 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 99(4): replaced, on 11 March 2020, by section 8 of the Electoral Amendment Act 2020 (2020 No 2).

100 Corrupt Practices List

(1)

Where it is proved before the Electoral Commission that any person who is registered or who applies for registration as an elector of a district has, within the immediately preceding period of 3 years,—

(a)

been convicted of a corrupt practice; or

(b)

been reported by the High Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice,—

the Electoral Commission must enter the name, residence, and description of that person and particulars of the conviction or report on a list to be called the Corrupt Practices List.

(2)

The Electoral Commission must remove the name of every person from the Corrupt Practices List at the expiration of 3 years from the date of the conviction or report in respect of which his or her name is entered on the list, or sooner if so ordered by the High Court.

(3)

Whenever a main roll is printed for a district, a copy of the Corrupt Practices List for the district shall be appended to it and printed and published with it.

(4)

Whenever a supplementary roll is printed for a district, a copy of so much of the Corrupt Practices List as has not been printed with the main roll or any existing supplementary roll for the district shall be appended to the supplementary roll and printed and published with it.

Compare: 1956 No 107 s 59; 1980 No 29 s 5(7)

Section 100(1): amended, on 21 March 2017, by section 45(1)(a) of the Electoral Amendment Act 2017 (2017 No 9).

Section 100(1): amended, on 21 March 2017, by section 45(1)(b) of the Electoral Amendment Act 2017 (2017 No 9).

Section 100(1): amended, on 21 March 2017, by section 45(1)(c) of the Electoral Amendment Act 2017 (2017 No 9).

Section 100(2): amended, on 21 March 2017, by section 45(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 100(3): amended, on 21 March 2017, by section 45(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 100(4): amended, on 21 March 2017, by section 45(4) of the Electoral Amendment Act 2017 (2017 No 9).

Electoral rolls

101 Electoral rolls

(1)

Where a notice is gazetted under section 40(1)(b) or section 45(9)(b), the Electoral Commission shall—

(a)

decide, on the basis of the then existing rolls, which of the electors are entitled to be registered as electors of each electoral district whose boundaries are fixed by the report to which the notice relates; and

(b)

compile for each electoral district whose boundaries are fixed by the report to which the notice relates a list of persons appearing to be entitled to be registered as electors of that electoral district (in this section called the compiled list).

(2)

For the purposes of any inquiry under section 89D which is considered before the dissolution or expiration of the Parliament in existence when any list is compiled pursuant to subsection (1)(b), the compiled list shall be the electoral roll for the district to which it relates.

(3)

For the purposes of the printing of the main rolls and the supplementary rolls, each compiled list shall, if the Electoral Commission so directs, be the electoral roll for the district to which it relates.

(4)

Where a compiled list is, under subsection (2) or subsection (3), the electoral roll for the district to which it relates, that electoral roll shall come into force on the dissolution or expiry of the then existing Parliament.

(5)

The compiled lists shall be compiled immediately before—

(a)

the next succeeding inquiry under section 89D; or

(b)

the printing of the main rolls (where the Electoral Commission directs that, for the purposes of the printing of the main rolls and the supplementary rolls, each compiled list shall be the electoral roll for the district to which it relates),—

whichever is the earlier.

(6)

Every roll to which subsection (4) applies, as it may be updated from time to time following an inquiry under section 89D, continues in force until a new roll for the district is compiled and comes into force.

(7)

The Electoral Commission must keep every roll to which subsection (4) applies up to date by making all such additions, alterations, and deletions as become necessary.

Compare: 1956 No 107 s 60; 1980 No 29 s 23(1); 1985 No 149 s 12; 1991 No 68 s 11

Section 101(1): amended, on 1 July 2012, by section 52(17)(m) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 101(2): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 101(2): amended, on 18 March 2002, by section 32(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 101(3): amended, on 1 July 2012, by section 52(17)(m) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 101(5)(a): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 101(5)(a): amended, on 18 March 2002, by section 32(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 101(5)(b): amended, on 1 July 2012, by section 52(17)(m) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 101(6): substituted, on 18 March 2002, by section 32(3) of the Electoral Amendment Act 2002 (2002 No 1).

Section 101(6): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 101(7): amended, on 21 March 2017, by section 46 of the Electoral Amendment Act 2017 (2017 No 9).

102 Maintenance of rolls being replaced

(1)

If the Electoral Commission has compiled the lists referred to in section 101(1)(b), it is not obliged to keep the rolls up to date for the districts that were in existence immediately before the gazetting, under section 40(1)(b) or 45(9)(b), of the notice that immediately preceded the compilation of those lists.

(2)

Despite subsection (1), the Electoral Commission must ensure that it has available to it, until the roll for a district ceases to be in force, all information (which may include or consist of photocopies of original documents) necessary to enable it to bring the roll up to date in the event of a by-election in that district.

(3)

If a by-election is to take place in a district to which subsection (1) applies, the Electoral Commission must ensure that an up-to-date composite roll for the district is closed and printed as at writ day for the by-election.

Section 102: replaced, on 21 March 2017, by section 47 of the Electoral Amendment Act 2017 (2017 No 9).

103 Rolls where Parliament dissolved after change of boundaries and before new rolls completed

(1)

If a Parliament is dissolved in the period between the gazetting of a notice under section 40(1)(b) or 45(9)(b) and the completion of the compilation of the rolls under section 101, the Electoral Commission must comply with section 101(1)(a) and (b).

(2)

Each list compiled under section 101(1)(b) (as applied by subsection (1)) must—

(a)

be the electoral roll for the district to which it relates; and

(b)

come into force as soon as it is compiled.

(3)

The Electoral Commission must—

(a)

keep every electoral roll to which subsection (2) applies up to date by making all the additions, alterations, and deletions that become necessary; and

(b)

incorporate the additions, alterations, and deletions made to an electoral roll into the electoral roll that supersedes it.

Section 103: replaced, on 21 March 2017, by section 48 of the Electoral Amendment Act 2017 (2017 No 9).

104 Main roll to be printed

Every main roll or supplementary roll printed for any district shall show the names, residences, and occupations (if any) of the persons included therein, arranged alphabetically in order of surnames.

(2)

The names on each page of the main roll and of every supplementary roll printed for any district shall be numbered consecutively, beginning with the number 1 in the case of the first name on each page.

(3)

The pages of every main roll or supplementary roll printed for any district shall be numbered consecutively, beginning with the number 1 in the case of the first page of the main roll and, in the case of a supplementary roll, with the number immediately following the number of the last page of the last printed roll of the district, whether main or supplementary.

(4)

The number appearing on the main roll or, as the case may be, on any supplementary roll printed for any district against the name of any elector, preceded by the number of the page on which his or her name appears, shall be deemed to be his or her number on the roll.

(5)

With the consent of the Government Statistician, the Electoral Commission may divide the main electoral roll and every supplementary roll into such statistical subdivisions, as the Government Statistician approves.

Compare: 1956 No 107 s 63(1)–(5); 1960 No 4 s 2(1); 1975 No 28 s 28; 1980 No 29 s 5(7)

Section 106(5): amended, on 21 March 2017, by section 51 of the Electoral Amendment Act 2017 (2017 No 9).

107 Composite rolls

(1)

The Electoral Commission may, from time to time, print a composite roll for each district, which roll—

(a)

shall, subject to any additions, alterations, and deletions made to the electoral roll for the district, contain a list of—

(i)

all persons whose names appear on the main roll for the district; and

(ii)

all persons whose names appear on any existing supplementary roll for the district; and

(iii)

all persons whose names do not appear on the main roll for the district or any existing supplementary roll for the district but are lawfully on the electoral roll for the district on a date to be fixed for the closing of that composite roll by the Electoral Commission; and

(b)

shall, subject to paragraph (a), be printed in the manner prescribed by section 106 in respect of a main roll.

(2)

Notwithstanding anything in subsection (1), in the case of a by-election in any district, the Electoral Commission must cause a composite roll for the district to be closed and printed as at writ day for the by-election.

(3)

Where the date for the closing of a composite roll for a district is writ day in relation to an election in that district, the Electoral Commission—

(a)

shall cause the composite roll to be printed as soon as may be after the issue of the writ for the election; and

Compare: 1956 No 107 ss 63A, 63B; 1979 No 12 s 2; 1980 No 29 ss 5(8), 28

Section 107(1): amended, on 21 March 2017, by section 52(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 107(1)(a)(iii): amended, on 1 July 2012, by section 52(16)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 107(2): amended, on 21 March 2017, by section 52(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 107(3): amended, on 21 March 2017, by section 52(3) of the Electoral Amendment Act 2017 (2017 No 9).

108 Habitation indexes

The Electoral Commission—

(a)

may from time to time compile in respect of any electoral district a habitation index—

(i)

listing, in accordance with their residential addresses, the electors who reside in that electoral district; and

(ii)

showing, against the name of each elector, the number of the elector on the main roll, or, as the case may be, on any supplementary roll for that electoral district; and

(b)

shall, as soon as practicable after the printing of a main roll for an electoral district, compile a habitation index under paragraph (a) in respect of that district.

Compare: 1956 No 107 s 60C(1); 1980 No 29 s 24; 1983 No 104 s 11

Section 108: amended, on 1 July 2012, by section 52(17)(q) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

109 Dormant roll

(1)

The Electoral Commission must maintain a dormant roll that shows for each district the particulars of those persons whose names have been removed from the roll for the relevant district—

(a)

under section 89G; or

(b)

as a result of the removal of the name of that person from the roll under section 95A(4) or 96(5).

(2)

The Electoral Commission must remove the name of a person from the dormant roll on the first occurrence of any of the following events:

(a)

in the case of a person whose name has been removed from the electoral roll under section 89G, when the person registers as an elector of any district; or

(b)

in the case of a person whose name has been removed from the electoral roll under section 95A(4) or section 96(5), when the person registers as an elector of any district; or

(c)

in the case of a person who dies, when the Electoral Commission is satisfied of the identity of the person and the death has been notified to the Electoral Commission—

(i)

by any Registrar of Births and Deaths; or

(ii)

by the father, mother, spouse, civil union partner, de facto partner, sister, or brother of the person; or

(iii)

by the administrator of the estate of the person; or

(d)

the expiration of the period of 3 years beginning with the date on which the person’s name was placed on the dormant roll.

(3)

The Electoral Commission must keep, for the purposes of the next election to be held in the district to which the dormant roll relates, a copy of the dormant roll as it exists on polling day.

(4)

The Electoral Commission must from time to time cause to be printed a computer-compiled list showing, in relation to each person whose name appears on the dormant roll, the person’s name and place of residence last shown on the roll.

(5)

The dormant roll as it exists on polling day may be used for the purpose of determining whether any person is qualified, under section 60(c) or (d), to vote at any election held in the district to which the roll relates.

Section 109: substituted, on 18 March 2002, by section 34 of the Electoral Amendment Act 2002 (2002 No 1).

Section 109(1): replaced, on 21 March 2017, by section 53(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 109(2): amended, on 21 March 2017, by section 53(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 109(2)(a): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 109(2)(c): amended, on 21 March 2017, by section 53(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 109(2)(c)(ii): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 109(3): amended, on 11 March 2020, by section 9(1) of the Electoral Amendment Act 2020 (2020 No 2).

Section 109(3): amended, on 21 March 2017, by section 53(4) of the Electoral Amendment Act 2017 (2017 No 9).

Section 109(4): amended, on 11 March 2020, by section 9(2) of the Electoral Amendment Act 2020 (2020 No 2).

Section 109(4): amended, on 21 March 2017, by section 53(4) of the Electoral Amendment Act 2017 (2017 No 9).

Section 109(5): amended, on 11 March 2020, by section 9(1) of the Electoral Amendment Act 2020 (2020 No 2).

110 Public inspection of rolls, etc

(1)

A copy or copies of—

(a)

the main roll and of the supplementary rolls for any district; and

(b)

the latest index compiled under section 108 in respect of the electoral district; and

(c)

the most recent computer-compiled list printed pursuant to section 109(5) for the electoral district—

shall be kept for inspection by the public at the office of the Electoral Commission for the district, and at such other places within the district as the Electoral Commission directs.

(2)

Any direction given by the Electoral Commission may be given in respect of any or all of the categories of documents specified in subsection (1).

(3)

Any person may inspect at the offices of the Electoral Commission, without payment, at any time between 9 am and 4 pm on any day on which the office is open for the transaction of business,—

(a)

the documents specified in subsection (1):

(b)

the most recent computer-compiled list which is held by the Electoral Commission and which shows the names and particulars of the persons who are on the roll for the district:

(c)

the names and particulars of any person whose name is on the electoral roll but not on the main roll or any supplementary roll or the most recent computer-compiled list to which paragraph (b) applies:

(d)

the application of any person who has applied to be registered as an elector of the district but who is prevented, by section 88, from being registered as an elector of the district:

(e)

his or her own application for registration as an elector:

(f)

the application for registration of any person whose name is on the electoral roll if—

(i)

that person consents to his or her application being inspected; or

(ii)

the Electoral Commission is satisfied that the inspection of the application is justified by a genuine and proper interest:

(g)

the list of post-writ day deletions referred to in section 98(5).

(4)

In the case of—

(a)

the computer-compiled list printed pursuant to section 109(5); and

(b)

the computer-compiled list referred to in subsection (3)(b)—

neither the power of inspection conferred by subsection (3) nor the power to inspect the list when it is made available for public inspection under section 111 includes the power to copy the list.

(5)

Any person may, on paying the prescribed fee, obtain a copy of—

(a)

the main or supplementary roll for a district:

(b)

an index compiled under section 108.

(6)

Regulations made under section 267—

(a)

may prescribe a scale of fees for the purposes of subsection (5); and

(b)

shall provide for any fee payable under subsection (5) to be reduced wherever the copy of the roll or index is required for any purpose relating to an election or poll.

(7)

Where any person is entitled, pursuant to any provision of paragraphs (d) to (f) of subsection (3), to inspect any application, the Electoral Commission must produce that application for inspection not later than 2 working days after a request has been made.

(8)

If land in a General electoral district is included within the boundaries of a Maori electoral district, a copy of the most recent computer-compiled list printed under section 109(5) for the Maori electoral district must be kept open for inspection by the public at the offices of the Electoral Commission for those districts.

Compare: 1956 No 107 ss 60C(2)–(4), 63(6), 64(1), (2), (3)–(5), (7), 65AD(1), (3)–(6); 1960 No 4 s 2(1); 1975 No 28 s 28(2); 1980 No 29 ss 5(7), 24, 29(1); 1983 No 104 s 12(1); 1985 No 150 ss 3(2), 4(1); 1986 No 124 s 32(1); 1990 No 1 ss 25, 26(1)

Section 110(1): amended, on 21 March 2017, by section 54(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 110(1): amended, on 1 July 2012, by section 52(6) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 110(2): amended, on 1 July 2012, by section 52(7) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 110(3): amended, on 21 March 2017, by section 54(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 110(3)(b): amended, on 21 March 2017, by section 54(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 110(3)(f)(ii): amended, on 21 March 2017, by section 54(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 110(7): amended, on 21 March 2017, by section 54(4) of the Electoral Amendment Act 2017 (2017 No 9).

Section 110(8): replaced, on 21 March 2017, by section 54(5) of the Electoral Amendment Act 2017 (2017 No 9).

111 Inspection of rolls at hui

(1)

Subject to subsection (2), the Electoral Commission shall, at the request of any person, make available for public inspection, under the supervision of the Electoral Commission or person nominated by the Electoral Commission, at any meeting or hui—

(a)

the main roll and the supplementary rolls kept for any district:

(b)

the most recent computer-compiled list which is held by the Electoral Commission for any district and which shows the names and particulars of the persons who are on the roll for the district:

(c)

any computer-compiled list printed pursuant to section 109(5).

(2)

A request made under subsection (1) shall not be granted unless the Electoral Commission is satisfied that a large number of persons are likely to attend the meeting or hui in respect of which the request is made.

(3)

Where a roll or list is made available for public inspection under subsection (1), the roll or list shall be made available at such times and places as the Electoral Commission thinks fit.

Compare: 1956 No 107 s 64(2A), (2B), (2C); 1985 No 150 s 3(1)

Section 111(1): amended, on 21 March 2017, by section 55(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 111(1): amended, on 1 July 2012, by section 52(8) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111(1): amended, on 1 July 2012, by section 52(16)(e) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111(1)(b): amended, on 21 March 2017, by section 55(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 111(2): amended, on 1 July 2012, by section 52(16)(e) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111(3): amended, on 1 July 2012, by section 52(16)(e) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

111A Objectives of sections 111B to 111F

The objectives of sections 111B to 111F are—

(a)

to enable specified electoral information in relation to any Maori elector, with the consent of that Maori elector, to be used to facilitate the establishment and maintenance of accurate and comprehensive registers of iwi affiliations; and

(b)

to ensure that registers of iwi affiliations are established and maintained by a body which—

(i)

is accountable to the organisations to which it is authorised to supply information; and

(ii)

is financially viable and well managed; and

(iii)

manages information in compliance with the requirements of this Act and the Privacy Act 2020; and

(iv)

makes iwi affiliation information available to iwi organisations and other Maori organisations at a reasonable cost; and

(v)

except as required for the purpose of establishing and maintaining the register or registers of iwi affiliations, does not create or maintain information on whakapapa; and

(c)

to enable information from a register of iwi affiliations to be supplied to iwi organisations and other Maori organisations for the purposes of those organisations; and

(d)

to leave unaffected—

(i)

any right of an iwi organisation or other Maori organisation or court to determine whether any person claiming affiliation with the organisation is so affiliated; or

(ii)

any right of a person to claim an affiliation with a particular iwi organisation or other Maori organisation or to approach the iwi organisation or other Maori organisation with which that person claims affiliation.

Section 111A: inserted, on 10 November 2003, by section 35 of the Electoral Amendment Act 2002 (2002 No 1).

Section 111A(b)(iii): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).

111B Interpretation of terms in sections 111C to 111F

For the purposes of sections 111C to 111F,—

designated body means the person or body of persons from time to time designated under section 111E

Maori elector means a person registered as an elector who has given written notice to the Electoral Commission that the person is of Maori descent

register of iwi affiliations means a list or lists of persons of Maori descent and their iwi affiliations, together with the information described in section 111C(2) in respect of those persons.

Section 111B: inserted, on 10 November 2003, by section 35 of the Electoral Amendment Act 2002 (2002 No 1).

Section 111B Maori elector: amended, on 21 March 2017, by section 56 of the Electoral Amendment Act 2017 (2017 No 9).

111C Electoral Commission may seek consent of Maori electors to supply of information to designated body

(1)

The Electoral Commission may seek the consent of any Maori elector to the supply by the Electoral Commission from time to time of the particulars described in subsection (2) to the designated body for the purpose of establishing and maintaining a register or registers of iwi affiliations.

(2)

The particulars referred to in subsection (1) are—

(a)

the elector’s name, including first names, surname, and preferred honorific (if any):

(b)

the elector’s postal address, email address (if any), and contact telephone numbers (if any):

(c)

the elector’s date of birth:

(d)

any randomly generated number assigned to that elector by the Electoral Commission.

(3)

The Electoral Commission may ask a Maori elector—

(a)

whether the Maori elector consents to the supply of his or her iwi affiliation information to the designated body for the purpose of establishing and maintaining a register or registers of iwi affiliations; and

(b)

if the answer under paragraph (a) is in the affirmative,—

(i)

to give his or her iwi affiliation information; and

(ii)

if the elector wishes, to specify the iwi organisation or organisations or other Maori organisation or organisations to which the elector’s iwi affiliation information may be supplied by the designated body.

(4)

Despite subsections (1) and (3), the Electoral Commission must not seek the consent under this section of a person in respect of whom the Electoral Commission has given a direction under section 115.

(5)

If the Electoral Commission seeks the consent of a person under this section, the Electoral Commission must advise the person of the provisions of section 111D(4) and section 111F(1) to (4).

(6)

If the Electoral Commission seeks the consent of a person under subsection (1), the Electoral Commission must advise the person that a consent given under that subsection may be withdrawn at any time.

(7)

The Electoral Commission—

(a)

may hold iwi affiliation information obtained in response to a request under subsection (3) only for such time as is reasonable for the purpose of forwarding that information to the designated body; and

(b)

must not retain any of that iwi affiliation information.

Section 111C: inserted, on 10 November 2003, by section 35 of the Electoral Amendment Act 2002 (2002 No 1).

Section 111C heading: amended, on 1 July 2012, by section 52(9) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111C(1): amended, on 1 July 2012, by section 52(18)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111C(2)(b): amended, on 17 August 2011, by section 12 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111C(2)(d): amended, on 1 July 2012, by section 52(18)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111C(3): amended, on 1 July 2012, by section 52(18)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111C(4): amended, on 1 July 2012, by section 52(18)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111C(5): amended, on 1 July 2012, by section 52(18)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111C(6): amended, on 1 July 2012, by section 52(18)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111C(7): amended, on 1 July 2012, by section 52(18)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

111D Electoral Commission may supply information to designated body

Section 111D: inserted, on 10 November 2003, by section 35 of the Electoral Amendment Act 2002 (2002 No 1).

Section 111D heading: amended, on 1 July 2012, by section 52(9) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111D(1): amended, on 1 July 2012, by section 52(18)(b) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111D(1)(a): amended, on 1 July 2012, by section 52(18)(b) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111D(1)(b): amended, on 1 July 2012, by section 52(18)(b) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 111D(3): amended, on 1 July 2012, by section 52(18)(b) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

111E Ministers of Justice and Maori Affairs may designate body to receive information

(1)

The Minister of Justice and the Minister of Maori Affairs may, by notice in the Gazette, designate any person or body of persons (whether corporate or unincorporate) as suitable to receive the information described in subsection (2) for the purpose of establishing and maintaining a register or registers of iwi affiliations.

(2)

The information referred to in subsection (1) is—

(a)

information described in section 111C(2); and

(b)

information described in section 111C(3)(b).

(3)

The Minister of Justice and the Minister of Maori Affairs must not designate a person or body of persons under subsection (1) unless the Ministers are satisfied that—

(a)

the person or body of persons has adequate procedures in place to ensure that it is accountable to the organisations to which it is authorised to supply information under section 111F; and

(b)

the person or body of persons is financially viable and can demonstrate prudent and adequate management policies and practices, including in matters of financial management; and

(c)

the person’s or body of persons’ information management policies and practices are adequate to ensure compliance with this Act and the Privacy Act 2020; and

(d)

the person or body of persons has the ability to fund the establishment and maintenance of the register of iwi affiliations; and

(e)

the person or body of persons meets any other criteria that may be specified in regulations made under section 267(c).

(4)

The Minister of Justice and the Minister of Maori Affairs may, at any time, by notice in the Gazette, revoke a designation made under subsection (1).

Section 111E: inserted, on 10 November 2003, by section 35 of the Electoral Amendment Act 2002 (2002 No 1).

Section 111E(3)(c): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).

111F Designated body may supply information from register of iwi affiliations to iwi organisation and other Maori organisation

(1)

The designated body may supply the information in relation to a particular Maori elector that is held on a register of iwi affiliations—

(a)

if the Maori elector has specified a particular organisation or organisations under section 111C(3)(b)(ii), to that organisation or organisations; or

(b)

in any other case, to any iwi organisation or organisations or other Maori organisation or organisations that the designated body is satisfied represents the iwi to which the Maori elector claims an affiliation.

(2)

If the designated body is satisfied that iwi affiliation information given by a Maori elector under section 111C(3)(b)(i) contains a spelling error or other obvious mistake, but the designated body is satisfied that it is clear to which iwi the Maori elector was referring, the designated body may apply subsection (1) as if the elector had specified that iwi.

(3)

If the designated body is satisfied that the name of an organisation or organisations specified by a Maori elector under section 111C(3)(b)(ii) contains a spelling error or other obvious mistake, but the designated body is satisfied that it is clear to which organisation or organisations the elector was referring, the designated body may apply subsection (1) as if the elector had specified that organisation or organisations.

(4)

Information supplied under this section is supplied for the purposes of the iwi organisation or other Maori organisation to which it is supplied.

(5)

Any fee charged by the designated body for the supply of information under this section must be a reasonable fee.

Section 111F: inserted, on 10 November 2003, by section 35 of the Electoral Amendment Act 2002 (2002 No 1).

112 Supply of information on age and Maori descent

(ii)

a list of electors of Māori descent.

(2)

Every list supplied pursuant to a request under subsection (1) shall specify, in relation to each elector on that list, his or her name, postal address, residential address, occupation (if any), preferred honorific (if any), and meshblock.

(3)

Any request made under subsection (1) may seek information about electors appearing to be entitled to vote in—

(a)

1 or more named electoral districts; or

(b)

all electoral districts; or

(c)

1 or more named regions or constituencies of a region; or

(d)

1 or more named territorial authority districts; or

(e)

1 or more named wards; or

(f)

1 or more named community board areas; or

(g)

1 or more named local board areas;—

but shall not include any request for a random sample of electors.

(4)

Every list supplied following a request under subsection (1) may be supplied in the form of a computer-compiled list or in electronic form.

(5)

The Electoral Commission shall comply with a request under subsection (1) if—

(a)

the person requesting the list pays the prescribed fee; and

(b)

the person requesting the list supplies a statement that the list is required for research being conducted by that person on a topic which is specified in the statement and which relates to a scientific matter or to human health; and

(c)

the statement supplied under paragraph (b) is signed by the chief executive of any department, organisation, or local authority to which the Official Information Act 1982 or the Local Government Official Information and Meetings Act 1987 applies; and

(d)

the person requesting the list states in a form to be provided by the Electoral Commission that the list is required for the purpose of that person’s research and will not be used for any other purpose; and

(e)

the Electoral Commission is satisfied that the list should be provided; and

(f)

if the person requesting the list requires the list to be supplied in electronic form, that person supplies to the Electoral Commission a storage medium for that electronic information that complies with the prescribed requirements.

Compare: 1956 No 107 s 64BA; 1990 No 1 s 28(1)

Section 112(1): amended, on 1 July 2012, by section 52(18)(c) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 112(1)(a)(i): amended, on 17 August 2011, by section 13 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 112(1)(b)(ii): amended, on 9 April 2019, by section 16(1) of the Local Electoral Matters Act 2019 (2019 No 7).

Section 112(1)(c): inserted, on 9 April 2019, by section 16(2) of the Local Electoral Matters Act 2019 (2019 No 7).

Section 112(2): amended, on 6 December 1995, by section 32 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 112(3)(f): amended, on 9 April 2019, by section 16(3) of the Local Electoral Matters Act 2019 (2019 No 7).

Section 112(3)(g): inserted, on 9 April 2019, by section 16(4) of the Local Electoral Matters Act 2019 (2019 No 7).

Section 112(4): substituted, on 18 March 2002, by section 36(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 112(5): amended, on 1 July 2012, by section 52(18)(c) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 112(5)(d): amended, on 1 July 2012, by section 52(18)(c) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 112(5)(e): amended, on 1 July 2012, by section 52(18)(c) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 112(5)(f): substituted, on 18 March 2002, by section 36(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 112(5)(f): amended, on 1 July 2012, by section 52(18)(c) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

113 Supply of computer-compiled lists and electronic storage media to local authorities

(1)

Subject to this section, if an electoral official of a local authority (as defined in section 5 of the Local Electoral Act 2001) wishes to obtain specified information for the purposes of any election, by-election, or poll that is required by or under any Act, the electoral official is entitled to obtain from the Electoral Commission a computer-compiled list or electronic storage medium containing that information.

(2)

For the avoidance of doubt, it is hereby declared that subsection (1) shall not apply where the list or information is required for the purpose of determining whether or not there has been a valid demand for a poll or a survey of electors.

(3)

The specified information, which shall be provided free of charge, shall be provided in accordance with any regulations made pursuant to section 267.

(4)

Any electronic storage medium supplied by the Electoral Commission must be returned to the Electoral Commission as soon as practicable after use.

(5)

it is in the public interest that the elections are conducted using the specified information.

(10)

For the purposes of this section, the term specified information means, in respect of each elector appearing to reside in the appropriate area and entitled to vote in the election, by-election, or poll, so much of the following information as is requested by an electoral officer or electoral official or designated body:

(a)

the elector’s name, including first names, surname, and preferred honorific (if any):

(b)

the elector’s residential address and postal address (if different):

(c)

the elector’s occupation (if any):

(d)

the elector’s electoral district (whether Maori or General):

(e)

statistical meshblock details:

(f)

a description of each—

(i)

region or constituency of a region; or

(ii)

territorial authority district; or

(iii)

ward; or

(iv)

community board area; or

(iva)

local board area; or

(v)

other local authority and, where appropriate, local authority subdivision,—

in respect of which the elector appears to be entitled to vote.

(11)

However, if a local authority has resolved to adopt, for an election, a by-election, or a poll, a voting method to which section 141(3) of the Local Electoral Act 2001 applies,—

(a)

the electoral official of the local authority is also entitled to obtain the elector’s date of birth under subsection (1); and

(b)

for that purpose, subsections (1) to (5) apply as if the date of birth of an elector described in subsection (10) were also specified information.

Compare: 1956 No 107 s 64A; 1989 No 31 s 4(1); 1990 No 1 s 27

Section 113 heading: substituted, on 18 March 2002, by section 37(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 113(1): substituted, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 113(1): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(4): substituted, on 18 March 2002, by section 37(3) of the Electoral Amendment Act 2002 (2002 No 1).

Section 113(4): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(5): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(6): substituted, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

Section 113(6): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(6): amended, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 113(7): repealed, on 18 March 2002, by section 37(4) of the Electoral Amendment Act 2002 (2002 No 1).

Section 113(8): substituted, on 18 March 2002, by section 37(5) of the Electoral Amendment Act 2002 (2002 No 1).

Section 113(8)(a): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(9): substituted, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

Section 113(9): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(9): amended, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 113(9A): inserted, on 6 December 1995, by section 33(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 113(9A): amended, on 1 July 2012, by section 52(10) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(9A): amended, on 1 July 2012, by section 52(16)(f) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(9A): amended, on 25 December 2002, by section 52 of the Local Electoral Amendment Act 2002 (2002 No 85).

Section 113(9A): amended, on 18 March 2002, by section 37(6) of the Electoral Amendment Act 2002 (2002 No 1).

Section 113(9A): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

Section 113(9A)(a): amended, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Section 113(9B): inserted, on 6 December 1995, by section 33(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 113(9C): inserted, on 6 December 1995, by section 33(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 113(9C): amended, on 1 July 2012, by section 52(18)(d) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 113(9C): amended, on 18 March 2002, by section 37(6) of the Electoral Amendment Act 2002 (2002 No 1).

Section 113(9D): inserted, on 6 December 1995, by section 33(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 113(10): substituted, on 6 December 1995, by section 33(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 113(10): amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

Section 113(10)(f)(iva): inserted, on 9 April 2019, by section 17(1) of the Local Electoral Matters Act 2019 (2019 No 7).

Section 113(11): inserted, on 9 April 2019, by section 17(2) of the Local Electoral Matters Act 2019 (2019 No 7).

114 Supply of electoral information to candidates, political parties, and members of Parliament

(1)

The Electoral Commission must supply to a person specified in subsection (2), on a request made in accordance with this section by that person,—

(a)

the information described in subsection (3); and

(b)

if the person so requests, the information described in subsection (4).

(2)

be accompanied by a statement, on a form to be provided by the Electoral Commission, by the person seeking the information that the information is required for purposes permitted by this section and will not be used for any purpose other than those for which it is supplied.

(7)

A request for information from a person described in subsection (2)(d) or (e) must, if the information is sought in electronic form supplied on an electronic storage medium, be accompanied by a storage medium for that electronic information.

(8)

Regulations made under section 267 may prescribe fees, or a scale of fees, for the supply of computer-compiled lists and electronic storage media by the Electoral Commission to any person under this section, and for the giving of remote access to the information by electronic means.

(9)

For the purposes of this section and section 112(1)(a),—

age group means, in relation to electors, those whose birthdays fall within a period of 5 years (being the first half or the second half of a decade)

decade means a period of 10 years that begins with a year that is divisible, without remainder, by 10.

Section 114: substituted, on 18 March 2002, by section 38 of the Electoral Amendment Act 2002 (2002 No 1).

Section 114(1): amended, on 1 July 2012, by section 52(17)(r) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 114(2)(d): repealed, on 1 July 2012, by section 52(11) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 114(3)(a): amended, on 1 July 2012, by section 52(17)(r) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 114(5): amended, on 1 July 2012, by section 52(17)(r) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 114(6)(c): amended, on 1 July 2012, by section 52(17)(r) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 114(8): amended, on 1 July 2012, by section 52(17)(r) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

114A General provision concerning supply of information by Electoral Commission in electronic form

If the Electoral Commission is required in accordance with this Act to supply information in electronic form, the Electoral Commission is only required to supply that information in a form, or using a medium, that is compatible with computer systems being used by the Electoral Commission at the time.

Section 114A: inserted, on 18 March 2002, by section 39 of the Electoral Amendment Act 2002 (2002 No 1).

Section 114A heading: amended, on 1 July 2012, by section 52(12) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 114A: amended, on 1 July 2012, by section 52(18)(e) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

115 Unpublished names

(1)

Notwithstanding sections 101, 104, 105, 107, 108, and 110(3)(c) and (d), where the Electoral Commission is satisfied, on the application of any person, that the publication of that person’s name would be prejudicial to the personal safety of that person or his or her family, the Electoral Commission may direct that—

(a)

the name, residence, and occupation of that person shall not be published in any main or supplementary roll or in any list or index that may be available for inspection by the public; and

(b)

the name and particulars of that person shall not be available for inspection under section 110(3)(c); and

(c)

the application for registration of that person shall not be available for inspection under section 110(3)(d).

(2)

Without limiting the discretion conferred on the Electoral Commission by subsection (1), the Electoral Commission may on the production of—

(a)

a protection order that is in force under the Family Violence Act 2018 in respect of any person; or

(aa)

a restraining order that is in force under the Harassment Act 1997 in respect of any person; or

(b)

a statutory declaration from a constable to the effect that he or she believes that the personal safety of a person or of a person’s family could be prejudiced by the publication of that person’s name,—

exercise in respect of that person’s name, and without further evidence or

List of access keys

Electoral Act 1993

Electoral Act 1993

Note

Contents

(a)

(b)

(c)

1 Short Title

2 Commencement

(a)

(b)

3 Interpretation

(a)

(b)

(a)

(b)

(c)

(d)

(a)

(b)

(a)

(b)

(a)

(b)

(i)

(ii)

(c)

(a)

(b)

(a)

(i)

(ii)

(b)

(a)

(b)

(a)

(b)

(a)

(b)

(a)

(b)

(i)

(ii)

(iii)

(ba)

(bb)

(c)

(d)

(i)

(ii)

(iii)

(a)

(i)

(ii)

(b)

(i)

(ii)

(iii)

(a)

(b)

(c)

(a)

(ab)

(b)

(a)

(b)

3AA Transitional, savings, and related provisions

3A Meaning of election advertisement

(a)

(i)

(ii)

(b)

(i)

(ii)

(a)

(i)

(ii)

(iii)

(A)