Electoral Act 1993

2026-01-01

Electoral Act 19931993-08-17see section 2

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.

Contents

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,—

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

bfor the establishment of an Electoral Commission:

cfor the repeal of the Electoral Act 1956

1Short TitleThis Act may be cited as the Electoral Act 1993.2Commencement1If 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 1994.2If 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.3If 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 not carried,—

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

bon 1 July 1994, this Act shall be deemed to be repealed.

4Except 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.

3Interpretation1In this Act, unless the context otherwise requires,—

adult means an individual of or over the age of 18 years

advance polling period has the meaning given in section 171B

advance polling place, in relation to an election in any district, means a polling place for the election maintained by the Returning Officer during the advance polling period

advance voter, in relation to an election in any district, means a person who—

ais qualified to vote at the election; and

bduring the advance polling period, attends in person at an advance polling place and applies to vote

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,—

ameans a constituency candidate; and

bincludes a list candidate (other than in Parts 6AA, 6A, and 6B); and

cin the definition of candidate advertisement and in section 3A and Parts 6AA, 6A, 6B, 7, and 8 includes a person who has declared his or her intention of becoming a constituency candidate; and

din Parts 7 and 8 includes a person who has declared his or her intention of becoming a list candidate

candidate 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:

ato vote for a constituency candidate (whether or not the name of the candidate is stated):

bnot to vote for a constituency candidate (whether or not the name of the candidate is stated)

census means the census of population and dwellings carried out by Statistics New Zealand under the

Data and Statistics Act 2022

Chief Electoral Officer means the Chief Electoral Officer appointed under this Act; and includes any person authorised to exercise the powers, duties, and functions of the Chief Electoral Officer

close of registration, in relation to registration as an elector of an electoral district for an election, means the close of the 13th day before polling day for the election

component party means, in relation to a registered political party (in this definition called the registered party) or in relation to a political party that is applying for registration (in this definition called the applicant party),—

aa political party that is a member of the registered party or of the applicant party; or

ba political party that has combined some or all of its membership with that of another political party and thereby formed the registered party or the applicant party or augmented the membership of such a party, as the case may be

constituency candidate means a person who has been nominated as a candidate for a seat in the House of Representatives representing an electoral district

corrupt practice means any act declared by this Act to be a corrupt practice

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

counting day has the meaning given in section 79(2)

Crown means the Sovereign in respect of the Government of New Zealand

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

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

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

ion becoming a member; and

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

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

Director of Mental Health means the person holding or acting in that office under section 91 of the Mental Health (Compulsory Assessment and Treatment) Act 1992

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,—

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

bin 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—

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

bfor the purposes of sections 80, 86AA, 86AAB, 86AAC, 86A, and 86C, has the meaning given in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992

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

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

aby ascertaining a proportion determined by dividing—

ithe total number of persons, on counting day, either—

Aregistered as electors of Māori electoral districts; or

Bnamed on the dormant rolls for Māori electoral districts; by

iithe total number of Māori persons, on counting day, either—

Aregistered as electors of Māori electoral districts or General electoral districts; or

Bnamed on the dormant rolls for Māori electoral districts or General electoral districts; and

bby applying the proportion ascertained under paragraph (a) to the total number of ordinarily resident Māori persons on census day

Māori option means the option that may be exercised under section 76(1) by a Māori who is eligible to be registered as an elector (to choose whether to register as an elector of a Māori electoral district or a General electoral district)

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 latest day for the nomination of candidates for election

on census day has the meaning given in section 79(2)

party, in Parts 6AA, 6A, and 6B,—

ameans a political party registered under Part 4; and

bincludes 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:

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

bnot 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

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 any of sections 205K, 206I, 206ZC, 209, 210, 210C, 214C, and 214F, the period—

acommencing as soon as is reasonably practicable after the Electoral Commission receives the completed return; and

bending 6 years later

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—

ameans a person employed in the service of the Crown, not being honorary service; and

bincludes a person employed in—

ithe education service as defined in section 10(7) of the Education and Training Act 2020; or

iithe Cook Islands Public Service; or

iiithe Western Samoan Public Service; and

baincludes an electoral official; but

bbdoes not include an electoral official who has been appointed as a Deputy Electoral Commissioner or Returning Officer; and

cdoes not include any person to whom subsection (2) or subsection (3) applies; and

ddoes not include—

iany person by reason of his or her holding an office for which salary is payable under Part 4 of the Parliament Act 2025; or

iiany person by reason of his or her being employed in any of His Majesty's forces except the Royal New Zealand Navy, the Regular Force of the New Zealand Army, or the Regular Air Force of the Royal New Zealand Air Force; or

iiiany person remunerated by fees or commission and not by wages or salary

Registrar, in relation to any district, means the Registrar of Electors appointed for that district under section 22; and includes his or her deputy

Registrar of Births and Deaths means Registrar within the meaning of section 4 of the Births, Deaths, Marriages, and Relationships Registration Act 2021

regulated period has the meaning given to it by—

asection 3B, in relation to a general election:

bsection 3BA, in relation to a by-election

representative, in Part 5, means,—

ain relation to a person who is outside New Zealand, or who has a physical impairment,—

ia person who is a registered elector:

iian attorney appointed under a power of attorney:

bin relation to a person who has a mental impairment,—

ia person who is a registered elector:

iia welfare guardian appointed under section 12(1) of the Protection of Personal and Property Rights Act 1988:

iiian attorney appointed under an enduring power of attorney

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

resident for electoral purposes has the meaning given to it by section 73

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

secure facility has the meaning given in section 9 of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Speaker means—

athe Speaker of the House of Representatives; or

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

cif neither the Speaker of the House of Representatives nor the Deputy Speaker of the House of Representatives is (for whatever reason) able to act, a member with authority to act as Speaker (within the meaning of section 49(3) of the Parliament Act 2025)

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—

aa Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and

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

ba 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 2.2Where any person—

ais 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

bis 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.3No 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.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)

adult: replaced, on 20 December 2025, by section 4(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 3(1)

advance polling period: inserted, on 20 December 2025, by section 38 of the Electoral Amendment Act 2025 (2025 No 82).

Section 3(1)

advance polling place: inserted, on 20 December 2025, by section 38 of the Electoral Amendment Act 2025 (2025 No 82).

Section 3(1)

advance voter: inserted, on 20 December 2025, by section 38 of the Electoral Amendment Act 2025 (2025 No 82).

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 paragraph (b): amended, on 27 November 2025, by section 59(a) of the Statutes Amendment Act 2025 (2025 No 74).

Section 3(1)

candidate paragraph (c): amended, on 27 November 2025, by section 59(b) of the Statutes Amendment Act 2025 (2025 No 74).

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)

census: amended, on 1 September 2022, by section 107(1) of the Data and Statistics Act 2022 (2022 No 39).

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)

close of registration: inserted, on 20 December 2025, by section 4(2) of the Electoral Amendment Act 2025 (2025 No 82).

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)

counting day: inserted, on 31 March 2023, by section 4(2) of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

Section 3(1)

Crown: editorial change made by the PCO, on 5 November 2024, under sections 86(1) and 87(a) of the Legislation Act 2019 (2019 No 58).

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)

Director of Mental Health: inserted, on 20 December 2025, by section 9(2) of the Electoral Amendment Act 2025 (2025 No 82).

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: replaced, on 20 December 2025, by section 9(1) of the Electoral Amendment Act 2025 (2025 No 82).

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)

Māori electoral population: replaced, on 31 March 2023, by section 4(1) of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

Section 3(1)

Māori option: inserted, on 20 December 2025, by section 134 of the Electoral Amendment Act 2025 (2025 No 82).

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)

nomination day: replaced, on 20 December 2025, by section 71 of the Electoral Amendment Act 2025 (2025 No 82).

Section 3(1)

on census day: inserted, on 31 March 2023, by section 4(2) of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

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)

permanent resident of New Zealand: repealed, on 20 December 2025, by section 63(1) of the Electoral Amendment Act 2025 (2025 No 82).

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: replaced, on 20 December 2025, by section 112 of the Electoral Amendment Act 2025 (2025 No 82).

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 13 November 2025, by section 51 of the Parliament (Repeals and Amendments) Act 2025 (2025 No 63).

Section 3(1)

public servant paragraph (d)(ii): editorial change made by the PCO, on 5 November 2024, under sections 86(1) and 87(d) of the Legislation Act 2019 (2019 No 58).

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 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).

Section 3(1)

regulated period: replaced, on 1 January 2023, by section 23 of the Electoral Amendment Act 2022 (2022 No 80).

Section 3(1)

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

Section 3(1)

resident for electoral purposes: inserted, on 20 December 2025, by section 63(2) of the Electoral Amendment Act 2025 (2025 No 82).

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)

secure facility: inserted, on 20 December 2025, by section 9(2) of the Electoral Amendment Act 2025 (2025 No 82).

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)

Speaker paragraph (c): amended, on 13 November 2025, by section 51 of the Parliament (Repeals and Amendments) Act 2025 (2025 No 63).

Section 3(1)

working day paragraph (a): replaced, on 12 April 2022, by wehenga 7 o Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/section 7 of the Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14).

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).

3AATransitional, savings, and related provisionsThe 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).

3AMeaning of election advertisement1In this Act, election advertisement—

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

ito vote, or not to vote, for a type of candidate described or indicated by reference to views or positions that are, or are not, held or taken (whether or not the name of the candidate is stated):

iito vote, or not to vote, for a type of party described or indicated by reference to views or positions that are, or are not, held or taken (whether or not the name of the party is stated); and

bincludes—

ia candidate advertisement; and

iia party advertisement.

2None of the following are election advertisements:

aan advertisement that—

iis published, or caused or permitted to be published, by the Electoral Commission or any other agency charged with responsibilities in relation to the conduct of any official publicity or information campaign to be conducted on behalf of the Government of New Zealand; and

iirelates to electoral matters or the conduct of any general election or by-election; and

iiicontains either—

Aa statement indicating that the advertisement has been authorised by that officer or agency; or

Ba symbol indicating that the advertisement has been authorised by that officer or agency:

bcontact information (as defined in subsection (3)) published in any medium by a member of Parliament that satisfies all of the following requirements:

ithe information was published by a member of Parliament in the course of performing his or her role and functions as a member of Parliament; and

iithe information was prepared for publication and published by the member of Parliament using funding received under Vote Parliamentary Service; and

iiithe information was routinely published in that medium before the commencement of the regulated period and continues to be published in that medium during the regulated period; and

ivthe information is published during the regulated period no more often and to no greater extent than before the commencement of the regulated period; and

vthe information is published during the regulated period in the same form and style as before the commencement of the regulated period; and

vithe information is not included, combined, or associated with an election advertisement (as defined in subsection (1)), or with any other information so as to constitute an election advertisement, that is published by—

Athe member of Parliament; or

Bthe secretary of the party to which the member of Parliament belongs; or

Cany other person with the authority of the member of Parliament:

cthe editorial content of—

ia periodical:

iia radio or television programme:

iiia publication on a news media Internet site:

dany transmission (whether live or not) of proceedings in the House of Representatives:

eany publication on the Internet, or other electronic medium, of personal political views by an individual who does not make or receive a payment in respect of the publication of those views.

2AWhen determining whether signage is contact information,—

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

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

3In this section,—

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

amust include—

ithe name of the member of Parliament; and

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

Atelephone number:

Bphysical or postal address:

Cemail address; and

iiithe 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

bmay include 1 or more of the following:

ia photograph of the member of Parliament:

iithe website address of either or both—

Athe member of Parliament:

Bthe party to which the member of Parliament belongs:

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

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

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

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

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

bsince its establishment has been—

ipublished at regular intervals; and

iigenerally available to members of the public

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

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).

3BMeaning of regulated period: general election1In this Act, regulated period, in relation to a general election, has the meaning given to it by—

asubsections (2) and (3), if the Prime Minister gives public notice of the day that is to be polling day for the general election and that day is not subsequently changed to a later day; and

bsubsection (4), if the Prime Minister gives public notice of the day that is to be polling day for the general election and that day is subsequently changed to a later day.

2If before the close of the default day the Prime Minister gives public notice of the day that is to be polling day for the election, the regulated period—

acommences on the later of the following days:

ithe day after the date on which the Prime Minister gives that public notice:

iithe day that is 3 months before polling day; and

bends with the close of the day before polling day.

3If at the close of the default day the Prime Minister has not given public notice of the day that is to be polling day for the election, the regulated period—

acommences on the close of the default day; and

bends with the close of the day before polling day.

4If at any time after giving public notice of the day that is to be polling day (day A) the Prime Minister gives public notice that day A is changed to a later day (day B), the regulated period is the shorter of the following periods:

athe period—

icommencing on the day after the date on which the Prime Minister gives public notice of day B; and

iiending on the close of the day before day B; and

bthe period—

icommencing 3 months before day B; and

iiending on the close of the day before day B.

5In 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).

Section 3B heading: replaced, on 1 January 2023, by section 24(1) of the Electoral Amendment Act 2022 (2022 No 80).

Section 3B(1): replaced, on 1 January 2023, by section 24(2) of the Electoral Amendment Act 2022 (2022 No 80).

Section 3B(4): replaced, on 1 January 2023, by section 24(3) of the Electoral Amendment Act 2022 (2022 No 80).

3BAMeaning of regulated period: by-electionIn this Act, regulated period, in relation to a by-election, means the period that—

acommences on the day after the day on which—

ia notice of the vacancy to be filled by the by-election is published under section 129(1); or

iia writ for a fresh election in a district is issued by the Governor-General under section 153E(2) (on receiving notification of the death or incapacity of a constituency candidate in the district); and

bends with the close of the day before polling day.

Section 3BA: replaced, on 20 December 2025, by section 57 of the Electoral Amendment Act 2025 (2025 No 82).

3CElectoral Commission to publish details relating to regulated periodThe Electoral Commission must, as soon as practicable after the commencement of the regulated period for a general election, publish in the Gazette notice of—

athe date on which the regulated period commenced; and

bthe 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).

3DMeaning of publishIn 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—

aincluding—

idisplaying on any medium:

iidistributing by any means:

iiidelivering to an address:

ivleaving at a place:

vsending by post or otherwise:

viprinting in a newspaper or other periodical:

viibroadcasting by any means:

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

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

xincorporating in a device for use with a computer:

xiinserting in a film or video; but

bexcluding 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).

3EMeaning of advertising expenses1In this Act, advertising expenses, in relation to an election advertisement—

aincludes—

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

iithe 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

bexcludes the cost of—

ithe conduct of any survey or public opinion poll; and

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

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

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

A1 or more persons, other than the person promoting the advertisement (person A):

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

2To 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.3In 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).

3EAMeaning of party secretary1In 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:

asection 63(2)(c)(iii) or (iv):

bsection 67(3)(c):

csection 67AA(2).

2The 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).

3FApplication of Act to conduct outside New Zealand1The provisions of Part 6AA and 6A apply in respect of the publication of an election advertisement—

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

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

2Subsection (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).

1Electoral Commission4Electoral Commission

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

4ACrown Entities Act 2004 to apply

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

4BElectoral Commission1This section establishes the Electoral Commission.2The Electoral Commission is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.3The

Crown Entities Act 2004

applies to the Electoral Commission except to the extent that this Act expressly provides otherwise.4The 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).

4CObjectiveThe objective of the Electoral Commission is to administer the electoral system impartially, efficiently, effectively, and in a way that—

afacilitates participation in parliamentary democracy; and

bpromotes understanding of the electoral system and associated matters; and

cmaintains 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).

4DMembership of Electoral Commission1The Governor-General, on the recommendation of the House of Representatives, must appoint at least 3, but not more than 7, members of the Electoral Commission, including—

a1 member as the Chief Electoral Officer:

b1 member as the chairperson:

c1 member as the deputy chairperson.

2The member appointed as the Chief Electoral Officer under subsection (1)(a) is the chief executive of the Electoral Commission.3The members of the Electoral Commission are the board for the purposes of the

Crown Entities Act 2004

.4Subsection (1) applies despite—

asection 28(1)(b) of the Crown Entities Act 2004; and

bclause 1(2) of Schedule 5 of the Crown Entities Act 2004.

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

Section 4D(1): replaced, on 20 December 2025, by section 55 of the Electoral Amendment Act 2025 (2025 No 82).

4EAppointment of Judge as member not to affect tenure, etcThe appointment of a Judge as a member of the board of the Electoral Commission does not affect the Judge's tenure of his or her judicial office or the Judge's rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as a Judge (including those in relation to superannuation) and, for all purposes, the Judge's services as a member must be taken to be service as a Judge.

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

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

4FResignation of member1A member of the Electoral Commission may resign from office by written notice to the Governor-General (with a copy to the Electoral Commission) signed by the member.2The resignation is effective when the Governor-General receives the notice or at any later time specified in the notice.3This section applies despite section 44 of the Crown Entities Act 2004.1988 No 2 s 5C

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

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

4GPower to remove or suspend members1Section 42 of the Crown Entities Act 2004 applies to any member of the Electoral Commission who is a Judge.2Section 39(1) of the Crown Entities Act 2004 does not apply to any member.3Instead, any member who is not a Judge may be removed for just cause by the Governor-General acting upon an address from the House of Representatives.4Just cause has the same meaning as in section 40 of the Crown Entities Act 2004.1988 No 2 s 6

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

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

4HFilling of vacancy1If a vacancy occurs in the membership of the Electoral Commission, the Governor-General, on the recommendation of the House of Representatives, may appoint a successor.2Despite subsection (1), if the vacancy exists at the close of a session, or the vacancy occurs while Parliament is not in session, and the House of Representatives has not recommended an appointment to fill the vacancy, the Governor-General in Council may appoint a successor at any time before the commencement of the next session of Parliament.3An appointment made under subsection (2) lapses, and the office again becomes vacant, unless the appointment is confirmed by the House of Representatives before the end of the 24th sitting day following the date of the appointment.1988 No 2 s 7

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

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

4IDeputies1The Electoral Commission may, by written notice, appoint an electoral official to be the deputy of—

athe Chief Electoral Officer:

bthe chairperson:

cthe deputy chairperson.

2The persons described in section 30(2) of the Crown Entities Act 2004 are disqualified from being appointed as Deputy Electoral Commissioners.3The notice of appointment must—

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

bstate the term of the appointment; and

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

4If the Chief Electoral Officer, the chairperson, or the deputy chairperson becomes incapable of performing their functions or duties or exercising their powers by reason of illness, absence, or other sufficient cause, the functions, duties, and powers of the Chief Electoral Officer, the chairperson, or the deputy chairperson may be performed and exercised by their deputy.5Despite subsection (4), a Deputy Electoral Commissioner—

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

bis 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.

6The Electoral Commission may, at any time, revoke the appointment of any deputy.7A Deputy Electoral Commissioner is a public servant for the purposes of sections 28(2)(f) and 80(3)(a)(i).8

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

Section 4I heading: replaced, on 20 December 2025, by section 56(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 4I(1): replaced, on 20 December 2025, by section 56(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 4I(4): replaced, on 20 December 2025, by section 56(3) of the Electoral Amendment Act 2025 (2025 No 82).

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

4JProceedings of Electoral CommissionThe 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).

5FunctionsThe functions of the Electoral Commission are to—

acarry the provisions of this Act into effect:

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

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

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

dconsider 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:

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

fcarry 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).

6Powers of Electoral Commission1The Electoral Commission may, if it considers that it is necessary for the proper discharge of its functions,—

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

bmake any inquiries:

cconsult with any persons or classes of persons:

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

eprovide information and advice on any matter—

ito the Minister for the Minister's consideration:

iito the Minister for presentation to the House of Representatives:

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

2Subsection (1) does not limit sections 16 and 17 of the Crown Entities Act 2004.3If 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).

7IndependenceThe Electoral Commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—

athis Act; and

bany 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).

8Electoral Commission must report on general election1The 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—

athe services provided to electors to facilitate voting; and

benrolment and voting statistics; and

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

dany changes that are necessary or desirable in respect of—

iadministration processes or practices; or

iithis Act or any other law; and

dathe 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

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

fany other matter that the Electoral Commission considers relevant.

2The 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.3The 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).

9Electoral Commission may delegate functions or powers to electoral officials engaged by Commission1The 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.2The functions or powers delegated may (without limitation) be or include either or both of the following:

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

ball or any of the Commission's functions or powers that relate to registration of electors.

3The 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:

aa body corporate:

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

4For 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:

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

Citizens Initiated Referenda Act 1993

Energy Companies Act 1992

Juries Act 1981

Local Electoral Act 2001

Referenda (Postal Voting) Act 2000

5The 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).

9AOwnership of intellectual property developed by delegates of functions or powers1Any 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—

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

bentirely 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.

2However, 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.3This section applies despite any contrary instrument or law.

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

10Term of office

Section 10: repealed, on 20 December 2007, by section 8 of the Electoral Amendment Act 2007 (2007 No 113).

11Vacation of office of additional members who hold office for purposes of jurisdiction under Part 6 of Broadcasting Act 1989

Section 11: repealed, on 20 December 2007, by section 9 of the Electoral Amendment Act 2007 (2007 No 113).

11AAppointment of deputies

Section 11A: repealed, on 1 October 2010, by section 8 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

11BStatus of deputies

Section 11B: repealed, on 1 October 2010, by section 8 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

11CProtection from civil liability

Section 11C: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

12Delegation of Commission’s powers

Section 12: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

13Procedure

Section 13: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

14Proceedings of Electoral Commission

Section 14: repealed, on 1 October 2010, by section 8 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

15Annual report

Section 15: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

2Officers16Clerk of the Writs

Section 16: repealed, on 28 February 2002, by section 5 of the Electoral Amendment Act 2002 (2002 No 1).

17Deputy Clerk of the Writs

Section 17: repealed, on 28 February 2002, by section 5 of the Electoral Amendment Act 2002 (2002 No 1).

18Chief Electoral Officer

Section 18: repealed, on 1 October 2010, by section 8 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

19Deputy Chief Electoral Officer

Section 19: repealed, on 1 October 2010, by section 8 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

20Electoral officials

Section 20: repealed, on 1 October 2010, by section 8 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

20AElectoral officials under direction of Electoral Commission1The Electoral Commission may give oral or written directions to all or any electoral officials.2Every 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).

20BDesignation of Returning Officers1For 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.2A 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).

20CReturning Officers may delegate functions, duties, or powersA 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).

20CAPowers of delegate1An 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.2An 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.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).

20CBEffect of delegation on Returning OfficerNo delegation under section 20C—

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

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

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

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).

20CCRevocation of delegationsA delegation under section 20C may be revoked at will by—

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

bany other method provided for in the delegation.

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).

20DState sector agencies to assist with administration of elections1The Electoral Commission may seek assistance from any State sector agency in order to facilitate the effective administration of elections.2Any 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.3Any assistance that a State sector agency provides must be provided in a manner that is consistent with the statutory framework establishing that agency.4For 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).

21Chief Registrar of Electors

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

22Registrar of Electors1The Electoral Commission—

amust appoint a Registrar of Electors for each electoral district:

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

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

2Every Registrar and every Deputy Registrar—

amust be an individual who is an electoral official; and

bmay not hold any official position in any political organisation.

3The 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).

23Appropriation of expenses of New Zealand Post Limited

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

24Employees appointed by Chief Electoral Officer

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

25General provision as to Returning OfficersNo Returning Officer shall hold any official position in any political organisation.1956 No 107 s 9(3); 1975 No 28 s 3(4)(d)26Returning Officer to make declaration1Every Returning Officer must, before entering into the duties of office, declare that he or she will comply with section 203.2The declaration must—

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

bbe 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).

3The House of Representatives27Members of ParliamentThe 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 Commission28Representation Commission1In 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.2The Commission shall consist of—

athe Surveyor-General:

bthe Government Statistician:

cthe Chief Electoral Officer:

dthe Chairperson of the Local Government Commission:

e2 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:

f1 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.

3For 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—

athe chief executive of Te Puni Kokiri:

b2 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.

4Each of the persons appointed under subsection (3)(b) shall be a Maori.5Notwithstanding 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).1956 No 107 s 15(1), (2), (5); 1991 No 68 s 2(1)29Term of officeThe 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.1956 No 107 s 15(6); 1991 No 68 s 2(1)30Extraordinary vacanciesThe 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.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).

31Remuneration and travelling allowancesThere 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.1956 No 107 s 15(8); 1991 No 68 s 2(1)32Deputies of appointed members1In 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).2Any 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.3No 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).4The 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.5The 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.6Every deputy appointed under this section shall hold office during the pleasure of the appointed member by which that deputy was appointed.7No 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.1956 No 107 s 15A; 1991 No 68 s 2(1)33Deputies of ex officio members1Where 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.2The 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.3The Statistician may appoint a deputy to perform all the functions, duties, and powers of the chief executive in his or her capacity as a member of the Representation Commission.4The 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.5Where 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.6Every deputy appointed under subsection (1), (3), or (5) shall hold office during the pleasure of the person by which that deputy was appointed.7No 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.8Nothing 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.1956 No 107 s 15B; 1991 No 68 s 2(1)

Section 33(3): replaced, on 1 September 2022, by section 107(1) of the Data and Statistics Act 2022 (2022 No 39).

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(6): amended, on 1 September 2022, by section 107(1) of the Data and Statistics Act 2022 (2022 No 39).

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

34SubmissionsAny 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).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).

35Division of New Zealand into General electoral districts1It 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 269.2The Commission—

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

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

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

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

athe South Island shall be divided into 16 General electoral districts:

bthe 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:

cthe 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:

dthe 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):

ethe 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:

fin forming the several General electoral districts, due consideration shall be given to—

ithe existing boundaries of General electoral districts; and

iicommunity of interest; and

iiifacilities of communications; and

ivtopographical features; and

vany projected variation in the General electoral population of those districts during their life:

gno General electoral district shall be situated partially in the North Island and partially in the South Island.

4As 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.5The Electoral Commission must supply the Government Statistician with the information required to be supplied under section 79(1) in accordance with that section.6When the Government Statistician—

ahas the results of the census; and

bhas been supplied by the Electoral Commission with the information required to be supplied under section 79(1),—

the Government Statistician shall thereupon report the results of the census and his or her calculation of the Maori electoral population as on counting day to the Surveyor-General and to the other members of the Commission.7Upon 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.8The 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.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): replaced, on 31 March 2023, by section 5(1) of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

Section 35(6): amended, on 31 March 2023, by section 5(3) of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

Section 35(6)(b): replaced, on 31 March 2023, by section 5(2) of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

36Allowance for adjustment of quotaWhere, 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%.1956 No 107 s 17; 1980 No 29 s 737Classification of electoral districts for purposes of pay or allowancesThe 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.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).

38Notice of proposed boundaries and classification1When the Commission proposes to make a division under section 35 or section 45, it shall publish in the Gazette a notice—

astating places at which the public may inspect, without charge,—

ithe names, and a description of the boundaries, of the proposed districts; and

iiany classification of the proposed districts that is required for the purposes of the Remuneration Authority Act 1977; and

iiia summary, in respect of each proposed district, of the reasons why the boundaries described are being proposed; and

bstating 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).

1AThe 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.2The places stated pursuant to subsection (1)(a) must include the offices of the Electoral Commission.3Any failure to comply with subsection (1)(a)(iii) shall not of itself invalidate any decision or proceedings of the Commission.4If any objections are received under subsection (1)(b), the Commission must publish,—

aon an Internet site administered by the Electoral Commission,—

ithe objections received; and

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

bin the Gazette, a notice—

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

iistating 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).

4AThe Electoral Commission must facilitate the publication required under subsection (4)(a).5The 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).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).

39Communications to officials1When, 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.2Any entity or person to whom information is communicated pursuant to subsection (1) shall use that information only for the purposes of this Act.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).

40Report of Commission1The 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,—

areport to the Governor-General the names and boundaries of the electoral districts fixed by the Commission; and

bpublish in the Gazette a notice—

istating that the Commission has fixed the names and boundaries of the electoral districts; and

iistating that the names and boundaries of the electoral districts fixed by the Commission are available for public inspection; and

iiistating 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).

2The 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.3From 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.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).

41Report and maps to be laid before House of Representatives1A 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.2The 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.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).

42Indexes of streets and places1The Surveyor-General—

ashall, 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

bshall 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.

2At 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,—

aa copy of the index compiled in respect of that district under subsection (1)(a); and

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

3Copies of each index compiled under subsection (1)(a) shall be sold by the department within the meaning of section 2 of the Survey Act 1986.4Copies 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.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).

43Proceedings of Commission1Any 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.2The Commission may make such rules for the conduct of its business, not inconsistent with the provisions of this Act, as it thinks fit.1956 No 107 s 21; 1991 No 68 s 944Commissioner not eligible as member of House of RepresentativesNo 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.1956 No 107 s 22Maori representation45Maori representation1It 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 269.2The Commission—

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

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

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

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

athe 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:

bwhere 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:

csubject to subsection (7), the Maori electoral districts shall each contain an equal number of members of the Maori electoral population.

4Upon 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.5The 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.6In dividing the Maori electoral population equally between the Maori electoral districts, due consideration shall be given to—

athe existing boundaries of the Maori electoral districts; and

bcommunity of interest among the Maori people generally and members of Maori tribes; and

cfacilities of communications; and

dtopographical features; and

eany projected variation in the Maori electoral population of those districts during their life.

7Where, 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%.8Due 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.9The 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,—

areport to the Governor-General the names and boundaries of the Maori electoral districts fixed by the Commission; and

bpublish in the Gazette a notice—

istating that the Commission has fixed the names and boundaries of the Maori electoral districts; and

iistating that the names and boundaries of the Maori electoral districts fixed by the Commission are available for public inspection; and

10The 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.11From 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.12Notwithstanding the foregoing provisions of this section or of any other provision of this Act,—

aif 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

bif 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.

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 Islands46Electoral districts for and polling in Chatham Islands1The 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).2For the purposes of sections 35, 45, and 269, the General electoral population and Maori electoral population of the Chatham Islands shall be treated—

aas part of the General electoral population and Maori electoral population of New Zealand; and

bas 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

cin 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.

3In 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),—

athe 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

bthe 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.

1956 No 107 s 24(1)Qualifications of candidates and members47Registered electors may be members, unless disqualified1Subject 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 127.2Notwithstanding 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.3Regardless 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.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).

47ACertain persons disqualified from candidacyThe following persons are not qualified to be a candidate or to be elected as a member of Parliament:

aan Electoral Commissioner:

ba Deputy Electoral Commissioner:

ca Returning Officer:

da Registrar of Electors:

ea 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).

48Offence for public servant or Returning Officer to sit

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

49Candidate not disqualified if name removed from roll without cause1This section applies to a person—

awho is qualified to be registered as an elector of an electoral district; and

bwhose name was entered on the electoral roll for that district; but

cwhose name has been subsequently removed from that electoral roll through no fault or failure of that person.

2A person is not, by reason only of his or her name having been removed from an electoral roll, disqualified from becoming a candidate and being elected as a member of Parliament.3However, a person who consents to his or her nomination as a candidate must make a statutory declaration declaring that—

ahe or she is qualified to be registered as an elector of the electoral district in respect of which he or she was previously registered; and

bhis or her name was removed from the electoral roll for that district through no fault or failure of his or her own.

4A person nominated as a candidate must, when giving his or her consent to the nomination, send the statutory declaration to—

athe Electoral Commission, if the person was nominated as a constituency candidate by registered electors under section 143; or

bthe party secretary, if the person is to be nominated as—

ia constituency candidate by the party secretary under section 146D; or

iia list candidate.

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

Section 49(4)(a): amended, on 20 December 2025, by section 82 of the Electoral Amendment Act 2025 (2025 No 82).

50Effect of registration on wrong rollThe 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.1956 No 107 s 2851Member ceasing to be electorA member of Parliament ceasing to be registered as an elector shall not from that cause only be disqualified from sitting as a member.1956 No 107 s 2952Candidacy and election of State servants1In this section, the term State servant—

ameans—

ia public servant; and

iiany 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

bincludes employees of the New Zealand Police.

2Any 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.3Subject 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.4Where 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—

ato carry out satisfactorily his or her duties as a State servant; or

bto 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.5During 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.6Except 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.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).

53Members disqualified from being State servants1In this section, the term State servant has the meaning given to it by section 52(1).2If 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.3Where 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,—

aif he or she was a State servant when he or she was declared to be elected; and

bif 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.4Nothing 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).5Where 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.6Subject to subsection (4), where a person is reinstated in office under this section,—

ahis 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

bthe period of vacation of office shall count—

ias time served under his or her contract of employment; and

iisubject 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.

1956 No 107 s 31; 1981 No 120 s 11(1)Term of office of member of Parliament54Term of office of member of Parliament1Where 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,—

acome into office as the member of Parliament for that electoral district on the day after the day of the return of that writ; and

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

2Where 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,—

acome into office on the date after the date of the return made by the Electoral Commission pursuant to section 193; and

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

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).

Vacancies55How vacancies created1The seat of any member of Parliament shall become vacant—

aif, 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

bif 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

cif 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

caif he or she ceases to be a New Zealand citizen; or

cbif he or she accepts nomination as, or otherwise agrees to be, a candidate for election, or agrees to appointment as—

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

iia 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

dif 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

eif he or she becomes a public servant; or

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

fif he or she resigns his or her seat by signing a written notice that is addressed and delivered to the Speaker; or

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

gif on an election petition the High Court or Court of Appeal declares his or her election void; or

hif he or she dies; or

iif he or she becomes mentally disordered, as provided in section 56.

2Notwithstanding 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.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).

55AADual or multiple citizenship permissible in certain circumstancesDespite section 55(1)(b) and (c), the seat of a member of Parliament does not become vacant by reason only of the member—

abecoming 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—

icountry or place of birth; or

iidescent; or

brenewing a passport or travel document that was issued to him or her by a foreign State or Power before the member took office.

Section 55AA: inserted, on 18 September 2005, by section 6 of the Electoral Amendment Act 2004 (2004 No 99).

55AABPurpose of sections 55A to 55EThe purpose of sections 55A to 55E is to—

aenhance public confidence in the integrity of the electoral system; and

benhance the maintenance of the proportionality of political party representation in Parliament as determined by electors.

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

55AMember of Parliament ceasing to be parliamentary member of political party1This section applies to every member of Parliament, except a member elected as an independent.2The seat of a member of Parliament to whom this section applies becomes vacant if the member of Parliament ceases to be a parliamentary member of the political party for which the member of Parliament was elected.3For the purposes of subsection (2), a member of Parliament ceases to be a parliamentary member of the political party for which the member of Parliament was elected only if—

athe member of Parliament delivers to the Speaker a written notice that complies with section 55B; or

bthe 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).

55BNotice from member of ParliamentA written notice under section 55A(3)(a) must—

abe signed by the member of Parliament by whom it is given; and

bbe addressed to the Speaker; and

cnotify the Speaker that the member of Parliament—

ihas resigned from the parliamentary membership of the political party for which the member of Parliament was elected; or

iiwishes to be recognised for parliamentary purposes as either an independent member of Parliament or a member of another political party.

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

55CNotice from parliamentary leader of political partyA written notice under section 55A(3)(b) must—

abe signed by the parliamentary leader of the political party for which the member of Parliament who is the subject of the notice was elected; and

bbe addressed to the Speaker; and

cbe accompanied by a statement that complies with section 55D.

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

55DForm of statement to be made by parliamentary leaderThe statement referred to in section 55C(c) must be in writing and signed by the parliamentary leader concerned, and must—

astate that the parliamentary leader reasonably believes that the member of Parliament concerned has acted in a way that has distorted, and is likely to continue to distort, the proportionality of political party representation in Parliament as determined at the last general election; and

bstate that the parliamentary leader has delivered to the member of Parliament concerned written notice—

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

iiadvising 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

cstate 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

dstate either—

ithat 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

iithat 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).

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

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

athe 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

bthe 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,—

ain the case of a member elected to represent an electoral district, the political party that nominated the member as a constituency candidate; and

bin the case of a member of Parliament elected from a party list submitted under section 127, or declared to be elected under section 137(4) to supply a vacancy, the political party on whose list the member’s name appeared.

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

55AMember ceasing to be parliamentary member of political party

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

55BNotice from member

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

55CNotice from parliamentary leader of party

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

55DForm of statement to be made by parliamentary leader

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

55EDefinitions

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

56Member becoming mentally disordered1Where 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.2Where 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.3Where 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.4If 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.5Every 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 $2,000.1956 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).

57Registrar of court to notify cause of vacancy in certain cases1The 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.2Every 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).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).

58Registrar of Births and Deaths to notify Speaker of death of member1The 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.2Every 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).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).

59No person to be candidate for more than 1 district or on more than 1 list1No person shall at any general election be—

aa candidate for more than 1 electoral district; or

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

2If 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.3At any general election, any person may be both—

aa candidate for any one electoral district; and

ba candidate whose name is included on any one party list submitted pursuant to section 127.

4If 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 vote60Who may voteSubject to the provisions of this Act, the following persons, and no others, shall be qualified to vote at any election in any district, namely,—

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

bany person—

iwho is qualified to be registered as an elector of the district; and

iiwho is registered as an elector of the district as a result of having applied for registration as an elector of the district before the close of registration:

cany person who is qualified to be registered as an elector of the district and was at the time of the last preceding election—

iregistered as an elector of that district (district A); or

iiregistered as an elector of some other district in which the elector’s place of residence at the time of the last preceding election was situated if, because of a subsequent change of boundaries, that place of residence is now within district A:

dany person who—

iis qualified to be registered as an elector of the district (district A); and

iihas been registered as an elector of district A as a result of having applied, since the last preceding election and before the close of registration,—

Afor registration as an elector of district A; or

Bfor registration as an elector of some other district in which the elector’s place of residence at the time of the last preceding election was situated if, because of a subsequent change of boundaries, that place of residence is now within district A:

eany person who is qualified to be registered as an elector of the district pursuant to section 74 and who resides on Campbell Island or Raoul Island or has resided on either of those Islands at any time in the 1 month before polling day:

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

1956 No 107 s 99; 1981 No 120 s 31; 1983 No 104 s 18; 1985 No 150 s 2(4); 1990 No 1 s 49(1), (2)

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

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(b)(ii): amended, on 20 December 2025, by section 5(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 60(c): replaced, on 20 December 2025, by section 5(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 60(d): replaced, on 20 December 2025, by section 5(2) of the Electoral Amendment Act 2025 (2025 No 82).

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): repealed, on 20 December 2025, by section 5(3) of the Electoral Amendment Act 2025 (2025 No 82).

61Special voters1A person who is qualified to vote at any election in any district may vote as a special voter if—

athat 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:

bthe person intends to be absent or is absent from the district on polling day:

cthe person intends to be outside New Zealand on polling day or is outside New Zealand on polling day:

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

ethe person is, by reason of a religious objection, unable to attend to vote on the day of the week on which polling day falls:

fthe 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.

2A 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.31956 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): repealed, on 20 December 2025, by section 39 of the Electoral Amendment Act 2025 (2025 No 82).

4Registration 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).

1Registration of political parties

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

62Register of Political Parties1Subject to this Part, an eligible political party may be registered for the purposes of this Act.2The 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.63Application for registration1An application for the registration of an eligible political party may be made to the Electoral Commission—

aby the secretary of the party; or

bby any member of Parliament who is a current financial member of that party.

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

ashall be in writing; and

bshall be signed by the applicant; and

cmust—

iset out the name of the party; and

iiif the party wishes to be able to use for the purposes of this Act an abbreviation of its name, set out the name of that abbreviation; and

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

ivif the applicant is not the secretary of the party, set out the name and address of the secretary of the party; and

vset out the name and address of the person eligible under section 206K who is to be appointed as the auditor of the party, and be accompanied by that person’s signed consent to the appointment; and

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

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

viii

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

ito submit a list of candidates under section 127; or

iito have 1 or more constituency candidates stand for the party or for a related political party; or

iiiboth; and

dshall be accompanied by a declaration made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957, which declaration shall—

istate whether the party is a party in respect of which there are 1 or more component parties; and

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

damust be accompanied by a copy of—

ithe rules governing membership of the party; and

iithe rules governing the selection of persons to represent the party as candidates for election as members of Parliament; and

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

3Upon 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.4Notwithstanding 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

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)(da): inserted, on 1 January 2026, by section 59 of the Electoral Amendment Act 2025 (2025 No 82).

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).

63AApplication fee1The fee payable on making an application under section 63 is $500 (inclusive of goods and services tax).2The fee must be paid by direct credit to a bank account nominated by the Electoral Commission.

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

Section 63A(2): replaced, on 1 January 2023, by section 30 of the Electoral Amendment Act 2022 (2022 No 80).

64Times when registration prohibitedNo action may be taken in relation to an application for the registration of a political party during the period that—

abegins with the commencement of the regulated period for a general election; and

bends with the close of the latest day for the return of the writ for that general election.

Section 64: replaced, on 1 January 2026, by section 60 of the Electoral Amendment Act 2025 (2025 No 82).

65Parties with certain names not to be registeredThe 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—

ais indecent or offensive; or

bis excessively long; or

cis likely to cause confusion or mislead electors; or

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

65ACertain logos not to be registered

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

66Other grounds on which registration may be refused1The Electoral Commission shall refuse an application for the registration of a political party if—

athe application does not comply with section 63; or

bif it is satisfied that the party does not have 500 current financial members who are eligible to enrol as electors.

2Unless 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

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).

67Registration1Where the Electoral Commission determines that a political party should be registered, the Electoral Commission shall—

aregister the party by entering in the Register—

ithe name of the party; and

iiif an abbreviation of the name of the party was set out in the application, that abbreviation; and

iiithe names of any separate political parties that are component parties of the party; and

bgive written notice to the applicant that the Electoral Commission has registered the party; and

ccause notice of the registration of the party, including details of any component parties of the party, to be published in the Gazette.

2Where 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.3It shall be the duty of the secretary of any political party registered under this Act—

ato supply the Electoral Commission with an address for service of all correspondence under this Part; and

bto notify the Electoral Commission of any changes in the address for service of correspondence; and

cto notify the Electoral Commission whenever a new secretary of the party is appointed; and

dto 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

dato notify the Electoral Commission—

iwhether the party is an incorporated society and, if so, the party’s balance date:

iiif the party is not an incorporated society, whether the party’s constitution requires the preparation of annual financial statements and, if so, the party’s balance date:

iiiwhether the party’s annual financial statements prepared in accordance with any other enactment or the party’s constitution are required to be audited by a qualified auditor:

ivof any subsequent change to the matters notified under subparagraphs (i) to (iii); and

eto 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).

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)(da): inserted, on 1 January 2023, by section 27(1) of the Electoral Amendment Act 2022 (2022 No 80).

Section 67(3)(e): amended, on 1 January 2023, by section 27(2) of the Electoral Amendment Act 2022 (2022 No 80).

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).

67AAVacancies in position of party secretary1If, 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,—

aa new secretary is appointed; or

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

2A 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).

67ARegistration of party logos

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

68Inspection of RegisterMembers 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).

68AInspection of party logos

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

69Changes to Register of Political Parties1A person described in section 63(1) may, on behalf of a political party, apply to the Electoral Commission to—

achange the name of the party:

bchange the abbreviation of the name of the party.

2Section 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).

69AChanges to party logos

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

70Cancellation of registration1The 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.1AThe provisions of section 64, with any necessary modifications, apply to every request under subsection (1).2The 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 500.2AFor 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.2BThe Electoral Commission may cancel the registration of a political party if satisfied that the party has failed to comply with section 67AA.3Where 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,—

agive, 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:

bgive, 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:

ccause 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).

70ACancellation of registration of party logo

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

71Requirement for registered parties to follow democratic procedures in candidate selectionEvery 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—

acurrent financial members of the party who are or would be entitled to vote for those candidates at any election; or

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

ca combination of the persons or classes of persons referred to in paragraphs (a) and (b).

71AObligation to provide annual declaration regarding partyThe 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—

astate that the party intends, at general elections,—

ito submit a list of candidates under section 127; or

iito have 1 or more constituency candidates stand for the party or for a related political party; or

iiiboth; and

bstate 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).

71BObligation to provide copy of changes to party membership rules and candidate selection rules1The secretary of a political party registered under this Act must supply the Electoral Commission with a copy of any changes to the rules governing—

athe membership of the party:

bthe selection of persons to represent that party as candidates for election as members of Parliament.

2Copies of any changes must be supplied within 1 month after the date on which the changes to the rules are adopted by the party.

Section 71B: replaced, on 1 January 2026, by section 61 of the Electoral Amendment Act 2025 (2025 No 82).

71BAInspection of party rulesMembers of the public are entitled to inspect the following without payment at any time between 9 am and 5 pm on any day on which the office of the Electoral Commission is open:

acopies of the rules referred to in section 63(2)(da) accompanying a political party’s application for registration; and

bcopies of any changes to those rules supplied by the secretary of a political party to the Electoral Commission under section 71B.

Section 71BA: inserted, on 1 January 2026, by section 61 of the Electoral Amendment Act 2025 (2025 No 82).

2Registration of party logos

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

71CApplication for registration of party logo1An application may be made to the Electoral Commission to register the logo of a political party if the political party—

ais registered under subpart 1; or

bis 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.

2An application to register a party logo—

amay be made by—

ithe secretary of the party; or

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

bmust—

ibe in writing; and

iibe signed by the applicant; and

iiibe accompanied by—

A2 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

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

ivbe 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

vset out—

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

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

3On 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.4Subsection (3) does not apply if, before determining whether to register a party logo, the Electoral Commission—

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

bis 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).

71DGrounds on which registration refused1The Electoral Commission must refuse an application to register the logo of a political party if—

athe 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

bthe application does not comply with—

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

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

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

dthe Electoral Commission is of the opinion that the logo—

iis indecent; or

iiis offensive; or

iiiis likely to cause confusion or mislead electors; or

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

2If 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—

athe refusal; and

bthe reasons for the refusal.

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

71ETimes when registration of party logos prohibitedNo action may be taken in relation to an application for the registration of a party logo during the period that,—

ain relation to a general election,—

ibegins with the commencement of the regulated period for a general election; and

iiends with the close of the latest day for the return of the writ for that general election:

bin relation to a by-election,—

ibegins with the commencement of the regulated period for the by-election; and

iiends with the close of the latest day for the return of the writ for the by-election.

Section 71E: replaced, on 1 January 2026, by section 62 of the Electoral Amendment Act 2025 (2025 No 82).

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

aregister the logo of the political party in the Register of Political Parties established under section 62(2); and

bgive written notice of the registration to the applicant; and

carrange 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).

71GInspection of party logosThe 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).

71HChanges to party logos1A person described in section 71C(2)(a) may, on behalf of a party whose logo has been registered, apply to the Electoral Commission to—

avary the form of the party logo; or

bsubstitute a new party logo; or

camend 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.

2Sections 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).

71ICancellation of registration of party logo1The Electoral Commission must cancel the registration of the logo of a political party if—

aa 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

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

cthe 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.

2Section 71E applies, with any necessary modifications, to an application made under subsection (1)(a).3If 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,—

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

ithe 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

iithe secretary of the political party; and

barrange 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).

5Registration of electors72Rules for determining place of residence within New Zealand1Subject 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.2For the purposes of this Act, a person can reside in one place only.3A 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.4Where the property on which a person’s home is located is divided between 2 or more electoral districts, that person shall,—

aif his or her dwelling is located wholly within one of those electoral districts, be deemed to reside in that electoral district; or

bin any other case, be deemed to reside in the electoral district in which is located—

ithe front door or other main entrance of his or her dwelling; or

iiwhere his or her dwelling is an apartment, the front door or other main entrance of the building in which the apartment is situated.

5A 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.6The place where, for the purposes of this Act, a person resides shall not change by reason only of the fact that the person—

ais occasionally or temporarily absent from that place; or

bis 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

cis 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

dis 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.7Except 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.8A 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.9Notwithstanding 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.10In 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,—

aso 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:

bupon 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.

11A 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.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).

73Meaning of resident for electoral purposesFor the purposes of this Act, a person is a

resident for electoral purposes

if, and only if, that person—

aresides in New Zealand; and

bis not—

ia person to whom section 15 or 16 of the Immigration Act 2009 applies; or

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

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

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

Section 73 heading: replaced, on 20 December 2025, by section 64(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 73: amended, on 20 December 2025, by section 64(2) of the Electoral Amendment Act 2025 (2025 No 82).

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 electors74Qualification of electors1Subject to the provisions of this Act, every adult person is qualified to be registered as an elector of an electoral district if—

athat person is—

ia New Zealand citizen; or

iia resident for electoral purposes; and

bthat person has at some time resided continuously in New Zealand for a period of not less than 1 year; and

cthat electoral district—

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

iiwhere 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.

2If a writ has been issued for an election, every person is treated, for the purposes of subsection (1)(c), as having completed a period of 1 month’s continuous residence in an electoral district if the person—

aresides in the electoral district at the close of registration; and

bwould, if they continued to reside in the electoral district until the close of polling day, have continuously resided in the electoral district for a period equalling or exceeding 1 month.

3Subsection (2) applies whether or not the person in fact continues to reside in the electoral district during the period between the close of registration and polling day.1956 No 107 s 39; 1983 No 104 s 3(1); 1985 No 150 s 2(1), (2)

Section 74(1)(a)(ii): replaced, on 20 December 2025, by section 65 of the Electoral Amendment Act 2025 (2025 No 82).

Section 74(2): replaced, on 20 December 2025, by section 6 of the Electoral Amendment Act 2025 (2025 No 82).

Section 74(3): inserted, on 20 December 2025, by section 6 of the Electoral Amendment Act 2025 (2025 No 82).

75Registration in respect of more than 1 electoral district1Subject to subsection (2), a person shall not be entitled to be registered as an elector of more than 1 electoral district.2Where 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.3Notwithstanding 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.1956 No 107 s 40; 1983 No 104 s 476Māori option1A Māori who is eligible to be registered as an elector may choose to be registered as an elector of—

aa Māori electoral district; or

ba General electoral district.

2The option under subsection (1) may be exercised by a person in accordance with section 77.

Section 76: replaced, on 31 March 2023, by section 6 of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

Section 76(2): amended, on 20 December 2025, by section 135 of the Electoral Amendment Act 2025 (2025 No 82).

77Exercise of Māori optionExercise of option by 17-year-olds1A Māori who is 17 years old may exercise the Māori option at the time they apply for registration as an elector under section 82(2).Exercise of option when person applies for registration as elector2A Māori may exercise the Māori option at the time they apply for registration as an elector under section 83.Exercise of option by registered elector3A Māori who is registered as an elector may, at any time, exercise the Māori option by advising the Electoral Commission,—

ain the case of a person registered as an elector of a Māori electoral district, that they wish to be registered as an elector of a General electoral district:

bin the case of a person registered as an elector of a General electoral district, that they wish to be registered as an elector of a Māori electoral district.

Section 77: replaced, on 31 March 2023, by section 6 of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

78Process for and effect of exercise of Māori optionHow option is exercised1A person may exercise the Māori option by indicating their choice,—

ain writing, by completing and signing a form that the Electoral Commission has approved and returning it to the Electoral Commission:

bin an approved electronic medium, by providing the required information:

cin an application for registration as an elector.

Receipt of late or non-compliant form or application2If a form or an application described in subsection (1)(a) or (c) is received by the Electoral Commission by post after the start of any election period and it complies with the requirements in subsection (3), that form or application is to be treated as having been received before the start of the election period and the elector must, if the form or application is otherwise in order, be treated as having exercised the Māori option.3The requirements for a form or an application are the following:

ait must be received no later than noon on the fourth day after the start of an election period; and

bit must be postmarked or date-stamped before the start of an election period.

4If a form or an application described in subsection (1)(a) or (c) is received by the Electoral Commission by post before the start of any election period but that form or application does not comply with the requirements for signing and dating, the Electoral Commission may treat the notice as being in accordance with those requirements if the non-compliance is remedied not later than 6 days after the start of the election period.Representatives may act on behalf of some persons5A person who is outside New Zealand or who has a physical or mental impairment may exercise the Māori option through a representative and section 86 applies with any necessary modifications.Effect of exercise of option6The exercise of the Māori option (if not made in an application under section 83) is to be treated as an application for registration as an elector for the purposes of—

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

bsections 89, 89A, 98, and 103.

7In this section, election period means—

aa general election period (see section 78A(4)); or

ba local government election period (see section 78B(4)); or

ca by-election period (see section 78C(6)).

Section 78: replaced, on 31 March 2023, by section 6 of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

78AMāori option may not be exercised in general election period1The following persons may not exercise the Māori option during a general election period:

aa Māori who is registered as an elector of an electoral district:

ba Māori who is named on a dormant roll and applies for registration as an elector of an electoral district.

2To avoid doubt, subsection (1) relates to changing the type of district in which the person is entitled to vote only and does not otherwise affect any other section in this Act relating to the registration of electors.3The Electoral Commission must not give effect to either of the following during a general election period:

aany advice received under section 77(3) by a registered elector; or

bif processing an application under section 83 by a Māori person named on a dormant roll, the choice made by the person when exercising the Māori option in that application if it would register them as an elector for a different type of district from that for which they were previously registered.

4In this section, general election period means any of the following periods:

athe period that is 3 months before polling day for a general election, if at least 3 months’ public notice is given of polling day (polling day A):

bthe period commencing on the day after the day on which public notice of polling day is given and ending on polling day, if less than 3 months’ public notice is given of polling day (polling day B):

cif during a period specified in paragraph (a) or (b) public notice is given that polling day A or polling day B is changed to a later date (polling day C), such part of the period specified in paragraph (a) or (b) (as relevant) that has elapsed up until the end of the day on which the public notice is given, and a further period specified in paragraph (a) or (b) (as relevant) in relation to polling day C.

Section 78A: inserted, on 31 March 2023, by section 6 of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

78BMāori option may not be exercised in local government election period1The following persons may not exercise the Māori option during a local government election period:

aa Māori who is registered as an elector of an electoral district:

ba Māori who is named on a dormant roll and applies for registration as an elector of an electoral district.

2To avoid doubt, subsection (1) relates to changing the type of electoral district in which the person is entitled to vote only and does not otherwise affect any other section in this Act relating to the registration of electors.3The Electoral Commission must not give effect to either of the following during a local government election period:

aany advice received under section 77(3) by a registered elector; or

bif processing an application under section 83 by a Māori person named on a dormant roll, the choice made by the person when exercising the Māori option in that application if it would register them as an elector for a different type of electoral district from that for which they were previously registered.

4In this section,—

district, Māori constituency, Māori ward, and region have the meanings given to them in section 5(1) of the Local Electoral Act 2001

local government election period means a period that is 3 months before polling day for—

aan election held under section 10(2) of the Local Electoral Act 2001; or

ban election that is either of the following if the district or region in which the election is to be held has a Māori ward or Māori constituency:

ia triennial general election of members of a local authority that has been postponed under section 24A(3)(c) or 258I(1) of the Local Government Act 2002:

iia general election of a local authority called under section 258M(1) of the Local Government Act 2002 by the Minister responsible for the administration of that Act.

Section 78B: inserted, on 31 March 2023, by section 6 of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

Section 78B(2): amended, on 20 December 2025, by section 67(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 78B(3)(b): amended, on 20 December 2025, by section 67(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 78B(4): replaced, on 20 December 2025, by section 67(2) of the Electoral Amendment Act 2025 (2025 No 82).

78CMāori option may not be exercised in by-election period1This section applies if—

aa notice of vacancy for an electoral district is published by the Speaker under section 129(1); or

ba writ for a fresh election in a district is issued by the Governor-General under section 153E(2).

2The following persons may not exercise the Māori option during a by-election period if doing so would result in the person being eligible to vote in the by-election:

aa Māori who is registered as an elector of an electoral district:

ba Māori who is named on a dormant roll and applies for registration as an elector of an electoral district.

3To avoid doubt, subsection (2) relates to changing the type of district in which the person is entitled to vote only and does not otherwise affect any other section in this Act relating to the registration of electors.4The Electoral Commission must not give effect to either of the following during a by-election period:

aany advice received under section 77(3) by a registered elector; or

5However, subsections (2) and (4) do not apply if under section 131 no writ is issued.6In this section, by-election period means,—

ain the case of a by-election conducted to fill a vacancy published by the Speaker under section 129(1), the period beginning on the date on which the notice of vacancy is published and ending on polling day for the by-election; and

bin the case of a fresh election conducted in a district following the issue of a writ by the Governor-General under section 153E(2), the period beginning on the date on which the previous election failed and ending on polling day for the fresh election.

Section 78C: inserted, on 31 March 2023, by section 6 of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

Section 78C(1): replaced, on 20 December 2025, by section 58(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 78C(6): replaced, on 20 December 2025, by section 58(2) of the Electoral Amendment Act 2025 (2025 No 82).

79Determination of Māori electoral population1For the purpose of enabling the Government Statistician to calculate the Māori electoral population, the Electoral Commission must, as soon as practicable after counting day, supply to the Government Statistician the following information as on counting day:

athe total number of persons registered as electors of Māori electoral districts; and

bthe total number of Māori persons registered as electors of General electoral districts; and

cthe total number of persons whose names are on the dormant rolls maintained under section 109 for Māori electoral districts; and

dthe total number of Māori persons whose names are on the dormant rolls maintained under section 109 for General electoral districts.

2In this Act,—

counting day—

ameans on census day; or

bif a periodic census and a general election take place in the same calendar year, means 1 April in the following year

on census day, in relation to a number or information, means that number or information as determined by the last periodic census.

Section 79: replaced, on 31 March 2023, by section 6 of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

80Disqualifications for registration1The following persons are disqualified for registration as electors:

aa New Zealand citizen who (subject to subsection (3)) is outside New Zealand and has not been in New Zealand within the last 3 years:

ba resident for electoral purposes (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:

ca 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:

ithe 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:

iithe 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:

iiithe 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:

ivthe 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:

da person who is detained in prison under a sentence of imprisonment (including following detention in a hospital or secure facility) in any case where the sentence of imprisonment—

iwas imposed for offending that occurred before the commencement of this paragraph and is a sentence—

Aof imprisonment for life; or

Bof preventive detention; or

Cfor a term of 3 years or more; or

iiis imposed for any offending that occurred after the commencement of this paragraph:

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

1AFor the purposes of subsection (1)(d)(i) and section 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.2The Registrar of the court 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 conviction, forward to the Electoral Commission a certificate showing—

athe name, date of birth, place of residence, and description of the offender; and

bthe particulars of the conviction.

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

aa person, being—

ia public servant or a member of the Defence Force; or

iia 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

iiian officer or employee of New Zealand Trade and Enterprise established by the

New Zealand Trade and Enterprise Act 2003

; or

ba person who—

iis 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

iiis 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.

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)(a): amended, on 9 December 2023, by section 22(1) of the Electoral Amendment Act 2022 (2022 No 80).

Section 80(1)(b): amended, on 20 December 2025, by section 66 of the Electoral Amendment Act 2025 (2025 No 82).

Section 80(1)(b): amended, on 9 December 2023, by section 22(2) of the Electoral Amendment Act 2022 (2022 No 80).

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 20 December 2025, by section 10(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 80(1A): replaced, on 20 December 2025, by section 10(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 80(2): replaced, on 20 December 2025, by section 10(3) of the Electoral Amendment Act 2025 (2025 No 82).

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).

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

Section 81: repealed, on 20 December 2025, by section 11 of the Electoral Amendment Act 2025 (2025 No 82).

Registration82Compulsory registration of electors1A 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—

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

bwithin 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.

2Any 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.3A 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.4Where 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 76.5A 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.6A 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.6AA person who is registered as an elector by the Electoral Commission under section 89CB is not liable to prosecution for their earlier failure to apply for registration as an elector.7A 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).

Section 82(6A): inserted, on 20 December 2025, by section 24 of the Electoral Amendment Act 2025 (2025 No 82).

83Application for registration1An application for registration as an elector may be made to the Electoral Commission—

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

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

2An application for registration as an elector must state, in respect of the person making the application,—

athe person's full name; and

bthe person's date of birth; and

cthe place of residence in respect of which registration is claimed, specified in a manner that enables it to be clearly identified; and

dthe person's postal address, if different from the address given under paragraph (c); and

ethe person’s contact details, if any (for example, the person’s email address or phone numbers); and

gwhether or not the person is a Maori; and

hany other particulars that are prescribed in regulations.

3The Electoral Commission may reject an application for registration as an elector if—

athe application is made under subsection (1)(a) and the form is not—

isigned; or

iicompleted with the details specified in subsection (2)(a), (b), (c), and (h); or

bthe application is made under subsection (1)(b) and the information provided does not include the details specified in subsection (2)(a), (b), (c), and (h).

3AThe Electoral Commission may treat a special vote declaration as an application for registration as an elector if the declaration—

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

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

4If 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.5An application for registration as an elector that is rejected by the Electoral Commission is treated as not having been made.6

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(2)(e): replaced, on 20 December 2025, by section 14 of the Electoral Amendment Act 2025 (2025 No 82).

Section 83(2)(f): repealed, on 20 December 2025, by section 14 of the Electoral Amendment Act 2025 (2025 No 82).

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).

Section 83(5): amended, on 21 March 2017, by section 24(6) of the Electoral Amendment Act 2017 (2017 No 9).

Section 83(6): repealed, on 21 March 2017, by section 24(7) of the Electoral Amendment Act 2017 (2017 No 9).

83AProcedure following inquiry under section 83

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

83BNo form of inquiry required if application for registration as elector received

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

83CElector who cannot be contacted to be included in dormant roll

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

83DTransfer of electors between electorates

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

84Registration of persons outside New ZealandA person who is outside New Zealand may apply for registration as an elector under section 83 through a representative, and section 86 applies with any necessary modifications.

Section 84: replaced, on 25 March 2014, by section 17 of the Electoral Amendment Act 2014 (2014 No 8).

85Registration of persons who have physical or mental impairmentA person who has a physical or mental impairment may apply for registration as an elector under section 83 through a representative, and section 86 applies with any necessary modifications.

Section 85: replaced, on 25 March 2014, by section 17 of the Electoral Amendment Act 2014 (2014 No 8).

86Representatives1A representative acting on behalf of a person must, when making any application or giving any notification, provide a statement that—

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

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

2A statement under subsection (1) must be provided—

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

bin 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).

86AADirector of Mental Health to send to Electoral Commission information about persons disqualified for registration1The Director of Mental Health must send to the Electoral Commission the information specified in subsection (2) in relation to a person who—

ais disqualified under section 80(1)(c) for registration as an elector; and

bis of or over the age of 17 years.

2The information referred to in subsection (1) is—

athe name and date of birth of the person; and

bthe person’s previous residential address; and

cthe name and address of the hospital or secure facility in which the person is detained.

Section 86AA: inserted, on 20 December 2025, by section 12 of the Electoral Amendment Act 2025 (2025 No 82).

86AABRegistration of persons removed from prison to hospital or secure facility1This section applies in respect of a person who—

awas detained in a prison to serve a term of imprisonment; and

bis removed to a hospital or secure facility; and

cis not disqualified for registration under section 80(1)(c); and

dis of or over the age of 17 years.

2The Director of Mental Health must, as soon as is reasonably practicable,—

aadvise the person that,—

iif they are of or over the age of 18 years and they are a New Zealand citizen or a resident for electoral purposes (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 must, within 1 month after the date on which they were removed to the hospital or secure facility, apply to the Electoral Commission for registration as an elector of an electoral district; or

iiif they are of or over the age of 17 years, but under the age of 18 years, and they are a New Zealand citizen or a resident for electoral purposes (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 may apply to the Electoral Commission for registration as an elector of an electoral district; and

bask the person whether they want their registration details sent to the Electoral Commission to facilitate their registration as an elector.

3If the person wants their registration details sent to the Electoral Commission to facilitate their registration as an elector, section 86AAD applies.

Section 86AAB: inserted, on 20 December 2025, by section 12 of the Electoral Amendment Act 2025 (2025 No 82).

86AACRegistration of persons disqualified for registration under section 80(1)(c) following discharge1Before a person who is disqualified for registration under section 80(1)(c) is discharged from a hospital or secure facility, the Director of Mental Health must, so far as is reasonably practicable,—

aadvise the person that,—

iif they are of or over the age of 18 years and they are a New Zealand citizen or a resident for electoral purposes (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 must, within 1 month after the date of their discharge, apply to the Electoral Commission for registration as an elector of an electoral district; or

iiif they are of or over the age of 17 years, but under the age of 18 years, and they are a New Zealand citizen or a resident for electoral purposes (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 may, after their discharge, apply to the Electoral Commission for registration as an elector of an electoral district; and

bask the person whether they want their registration details sent to the Electoral Commission to facilitate their registration as an elector.

2If the person wants their registration details sent to the Electoral Commission to facilitate their registration as an elector, section 86AAD applies.3Subsection (1) does not apply if the person is being discharged to a prison.

Section 86AAC: inserted, on 20 December 2025, by section 12 of the Electoral Amendment Act 2025 (2025 No 82).

86AADDirector of Mental Health to collect and send registration information to Electoral Commission1If a person referred to in section 86AAB or 86AAC wants their registration details sent to the Electoral Commission to facilitate their registration as an elector, the person must provide to the Director of Mental Health the following registration information for that purpose:

atheir details required by section 83(2); and

bif the person is Māori, whether their choice is to be registered in a Māori electoral district or a General electoral district.

2The Director of Mental Health must collect the registration information provided by the person and send that information to the Electoral Commission as soon as is reasonably practicable.3If the person wishes to apply for a direction under section 115 (unpublished names), the Director of Mental Health must—

aassist the person to prepare an application accompanied by supporting information; and

bsend the application and supporting information to the Electoral Commission with the person's registration information.

4The Director of Mental Health may not use or disclose the registration information collected from the person other than in accordance with subsection (2) or (3).

Section 86AAD: inserted, on 20 December 2025, by section 12 of the Electoral Amendment Act 2025 (2025 No 82).

86AAERegistration information received from Director of Mental Health treated as application for registration1The Electoral Commission must, for the purposes of this Act, treat—

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

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

2This section overrides section 83(1) to (4).

Section 86AAE: inserted, on 20 December 2025, by section 12 of the Electoral Amendment Act 2025 (2025 No 82).

86AAFDirector of Mental Health to communicate with person in way person can understandWhen carrying out their duties under sections 86AAB, 86AAC, and 86AAD, the Director of Mental Health must communicate with a person in a way that the person can reasonably be expected to understand.

Section 86AAF: inserted, on 20 December 2025, by section 12 of the Electoral Amendment Act 2025 (2025 No 82).

86AAGDelegation of Director of Mental Health’s functions under sections 86AAB, 86AAC, and 86AAD1The Director of Mental Health may delegate to 1 or more Directors of Area Mental Health Services or compulsory care co-ordinators any or all of the functions of the Director of Mental Health under sections 86AAB, 86AAC, and 86AAD.2Subject to any directions or conditions imposed by the Director of Mental Health, a Director of Area Mental Health Services or compulsory care co-ordinator to whom the functions of the Director of Mental Health 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 Director of Area Mental Health Services or compulsory care co-ordinator directly by sections 86AAB, 86AAC, and 86AAD.3A delegation must be in writing and may be revoked at any time.4In this section,—

compulsory care co-ordinator means a co-ordinator within the meaning of section 5(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Director of Area Mental Health Services means a person appointed as a Director of Area Mental Health Services under section 92 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

Section 86AAG: inserted, on 20 December 2025, by section 12 of the Electoral Amendment Act 2025 (2025 No 82).

86APrison manager to send to Electoral Commission information about prisoners disqualified for registration1This section applies in respect of a prisoner who—

ais of or over the age of 17 years; and

bis a person who is described in section 80(1)(d) and who has been received into a prison to serve the whole or part of their sentence.

2No later than 7 days after a prisoner is received into a prison, the prison manager must forward to the Electoral Commission a notice stating—

athe name and date of birth of the prisoner; and

bthe prisoner’s previous residential address or, if the prisoner has been transferred to the prison after previously being detained in a hospital or secure facility, the name and address of the hospital or secure facility in which the prisoner was detained; and

cthe name and address of the prison.

Section 86A: replaced, on 20 December 2025, by section 13 of the Electoral Amendment Act 2025 (2025 No 82).

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

Section 86AB: repealed, on 20 December 2025, by section 13 of the Electoral Amendment Act 2025 (2025 No 82).

86BRegistration of prisoners serving sentence of imprisonment who are not disqualified for registration under section 80(1)(d)1This section applies in respect of a prisoner who is sentenced to a term of imprisonment and who—

ais not disqualified under section 80(1)(d)(i) from registration; or

bwas disqualified under section 80(1)(d)(i) from registration but who has had their sentence of imprisonment reduced or altered on appeal, or following a retrial, to a term of less than 3 years.

2The prison manager must, as soon as is reasonably practicable,—

aadvise the prisoner that,—

iif they are of or over the age of 18 years and they are a New Zealand citizen or a resident for electoral purposes (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 as an elector; or

iiif they are of or over the age of 17 years, but under 18 years, and they are a New Zealand citizen or a resident for electoral purposes (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 may apply to the Electoral Commission for registration as an elector; and

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

3If the prisoner wants their registration details sent to the Electoral Commission to facilitate their registration as an elector, section 86E applies.

Section 86B: replaced, on 20 December 2025, by section 13 of the Electoral Amendment Act 2025 (2025 No 82).

86CPrison manager to inform prisoners removed from hospital or secure facility of disqualification for registration1This section applies in respect of a prisoner who—

ais removed to a prison from a hospital or secure facility to serve a sentence of imprisonment; and

bduring their detention in the hospital or secure facility, was not disqualified under section 80(1)(c) for registration as an elector.

2As soon as is reasonably practicable after the prisoner has been removed to the prison, the prison manager must inform the prisoner that they are disqualified under section 80(1)(d) for registration as an elector of an electoral district.

Section 86C: replaced, on 20 December 2025, by section 13 of the Electoral Amendment Act 2025 (2025 No 82).

86DRegistration of prisoners disqualified for registration under section 80(1)(d) following release1Before a prisoner who is disqualified for registration as an elector under section 80(1)(d) is released from prison, the prison manager must—

aadvise the prisoner that,—

iif they are of or over the age of 18 years and they are a New Zealand citizen or a resident for electoral purposes (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 must, within 1 month after the date of their release, apply to the Electoral Commission for registration as an elector of an electoral district; or

iiif they are of or over the age of 17 years, but under 18 years, and they are a New Zealand citizen or a resident for electoral purposes (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 may, after their release, apply to the Electoral Commission for registration as an elector of an electoral district; and

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

2If the prisoner wants their registration details sent to the Electoral Commission to facilitate their registration as an elector, section 86E applies.

Section 86D: replaced, on 20 December 2025, by section 13 of the Electoral Amendment Act 2025 (2025 No 82).

86EPrison manager to collect and send registration information to Electoral Commission1If a prisoner referred to in section 86B or 86D wants their registration details sent to the Electoral Commission to facilitate their registration as an elector, the prisoner must provide to the prison manager the following registration information for that purpose:

atheir details required by section 83(2); and

bif the prisoner is Māori, whether their choice is to be registered in a Māori electoral district or a General electoral district.

2The prison manager must collect the registration information provided by the prisoner and send that information to the Electoral Commission as soon as is reasonably practicable after the prisoner’s release from prison.3If the prisoner wishes to apply for a direction under section 115 (unpublished names), the prison manager must—

aassist the prisoner to prepare an application accompanied by supporting information; and

bsend the application and supporting information to the Electoral Commission with the prisoner’s registration information.

4The prison manager may not use or disclose the registration information collected from the prisoner other than in accordance with subsection (2) or (3).

Section 86E: replaced, on 20 December 2025, by section 13 of the Electoral Amendment Act 2025 (2025 No 82).

86FRegistration information received from prison manager treated as application for registration1The Electoral Commission must, for the purposes of this Act, treat—

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

bthe receipt of a prisoner’s preference referred to in section 86E(1)(b) to be registered on the Māori electoral roll as a request by the prisoner to be registered as an elector of a Māori electoral district.

2This section overrides section 83(1) to (4).

Section 86F: inserted, on 20 December 2025, by section 13 of the Electoral Amendment Act 2025 (2025 No 82).

86GPrison manager to communicate with prisoner in way prisoner can understandWhen carrying out their duties under sections 86B, 86C, 86D, and 86E, a prison manager must communicate with a prisoner in a way that the prisoner can reasonably be expected to understand.

Section 86G: inserted, on 20 December 2025, by section 13 of the Electoral Amendment Act 2025 (2025 No 82).

86HDelegation of prison manager’s functions under sections 86A, 86B, 86C, 86D, and 86E1A prison manager may delegate to 1 or more prison officers any or all of the prison manager’s functions under sections 86A, 86B, 86C, 86D, and 86E.2Subject 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, 86B, 86C, 86D, and 86E.3A delegation must be in writing and may be revoked at any time.4In 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 86H: inserted, on 20 December 2025, by section 13 of the Electoral Amendment Act 2025 (2025 No 82).

87Procedure if immigration status means applicant apparently not qualified to be registered1This 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—

aunlawfully in New Zealand; or

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

2If this section applies, the Electoral Commission must comply with subsections (3) to (5) before determining whether the applicant is qualified to be registered.3The Electoral Commission must, as soon as practicable, give written notice to the applicant stating—

athat it believes that the person is—

iunlawfully in New Zealand; or

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

bthat 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.

4If the Electoral Commission receives no response within the time required, it must, as soon as practicable, give written notice again to the applicant stating—

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

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

cthat 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 further notice.

5The Electoral Commission may determine whether the applicant is qualified to be registered if—

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

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

6If the Electoral Commission determines that the applicant is not qualified to be registered, it must give written notice to the applicant of the determination.7For the purposes of this section, a notice sent to the applicant by post—

ais, 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

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

iproperly addressed to the applicant; and

iisubmitted 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).

Section 87(3): amended, on 20 December 2025, by section 29(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 87(4): amended, on 20 December 2025, by section 29(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 87(6): amended, on 20 December 2025, by section 29(3) of the Electoral Amendment Act 2025 (2025 No 82).

88Applications received after issue of writ1If a writ has been issued requiring the conduct of an election in a district, the Electoral Commission may not, at any time during the period beginning on the day after the close of registration and ending on the day of the return of the writ,—

aregister an application for registration as an elector that the Electoral Commission receives after the close of registration; or

bamend an elector’s particulars on the roll in accordance with an application that the Electoral Commission receives after the close of registration.

1ASubsection (1) is subject to subsections (2) to (4).2For the purposes of subsection (1)(a), an application for registration is to be treated as having been received before the close of registration if—

athe application or the envelope in which it is contained bears a postmark or date stamp impressed before the close of registration at a place that the Electoral Commission has designated; or

bthe applicant for registration produces a receipt that—

irelates to the application; and

iiwas issued before the close of registration at a place that the Electoral Commission has designated.

iii

3If a person applies for registration after the issue of a writ requiring the conduct of an election in a district and before the close of registration,—

athe Electoral Commission must, if satisfied that the person is qualified to be registered, enter the name of the person on the electoral roll; and

bthe Electoral Commission is not required to enter the name of the person on the main roll or any supplementary roll or composite roll used at that election; and

cthe person may, at that election,—

ibe issued with a ballot paper in accordance with section 167, if the rolls can be marked (either manually or by electronic means) to indicate the person has applied to vote; or

iibe issued with a special vote ballot paper in any other case.

4Subsection (3)(a) does not apply if section 89(1A) or (1B) applies.

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

Section 88(1): replaced, on 20 December 2025, by section 7(1) of the Electoral Amendment Act 2025 (2025 No 82).

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 20 December 2025, by section 7(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 88(2): amended, on 20 December 2025, by section 7(3) of the Electoral Amendment Act 2025 (2025 No 82).

Section 88(2)(a): amended, on 20 December 2025, by section 7(3) of the Electoral Amendment Act 2025 (2025 No 82).

Section 88(2)(b)(ii): amended, on 20 December 2025, by section 7(3) of the Electoral Amendment Act 2025 (2025 No 82).

Section 88(2)(b)(iii): repealed, on 20 December 2025, by section 7(4) of the Electoral Amendment Act 2025 (2025 No 82).

Section 88(3): amended, on 20 December 2025, by section 7(5) of the Electoral Amendment Act 2025 (2025 No 82).

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): replaced, on 20 December 2025, by section 7(6) of the Electoral Amendment Act 2025 (2025 No 82).

89Procedure following application for registration1If 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.1AIf, before the close of registration, the Electoral Commission receives an application for registration as an elector from a person who is aged 17 years and who attains the age of 18 years in the period between the close of registration and the close of polling day, the Electoral Commission must, at the close of registration, on being satisfied the person is qualified to be registered as an elector but for their age,—

atreat the person as qualified to be registered as an elector; and

benter the person’s name on the roll.

1BAfter receiving a notice under section 89C(2) from an elector that they have changed their place of residence to a different electorate (a new electoral district), the Electoral Commission must treat the elector as qualified to be registered as an elector of the new electoral district and enter the elector’s name on the roll for the new electoral district in advance of the elector having resided in that district for a period equalling or exceeding 1 month if—

athe notice was received before the close of registration; and

bthe elector would have resided in the new electoral district for a period equalling or exceeding 1 month by the close of polling day (whether or not the elector in fact continues to reside in the electoral district during the period between the close of registration and polling day).

2If on receiving any application that includes the exercise of the Māori option the Electoral Commission believes that it is prevented, by any of sections 78A to 78C, from giving effect to the option, the Electoral Commission must—

anotify the applicant of the reason why the exercise of the Māori option cannot be given effect to until a later date and advise what that date is; and

badvise the applicant whether they are entitled to be registered as an elector in another type of district.

3Where 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.4Notwithstanding 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—

ato enter the name of the applicant on the electoral roll; or

bto delete the name of the applicant from that main, supplementary, or composite roll.

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(1A): inserted, on 20 December 2025, by section 8 of the Electoral Amendment Act 2025 (2025 No 82).

Section 89(1B): inserted, on 20 December 2025, by section 8 of the Electoral Amendment Act 2025 (2025 No 82).

Section 89(2): replaced, on 31 March 2023, by section 8 of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

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).

89ANotice of registrationThe Electoral Commission must, not later than 14 days after the registration of a person as an elector, give to the person 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 20 December 2025, by section 30 of the Electoral Amendment Act 2025 (2025 No 82).

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).

89BElector must give notice of change of place of residence within electoral district1This section applies to an elector who, being registered as an elector of an electoral district, changes his or her place of residence within that district.2The elector must, within 2 months after the date on which he or she changed his or her place of residence, give notice of—

athe change of his or her place of residence; and

bthe address of the new place of residence.

3Notice under subsection (2) must be given—

ain writing to the Electoral Commission; or

bin an approved electronic medium.

4An 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.5On receiving a notice under subsection (2), the Electoral Commission must—

aamend the roll to record the change in the elector's place of residence; and

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

6An elector who knowingly and wilfully fails to comply with subsection (2)—

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

inot exceeding $50 on a first conviction; and

iinot exceeding $100 on any subsequent conviction; but

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

7However, a person is not liable for prosecution for an offence under subsection (6) if, before the commencement of the prosecution,—

athe person gives notice, in accordance with subsection (3), of the matters specified in subsection (2)(a) and (b); or

bthe Electoral Commission has, under section 89CA, amended the electoral roll to record the change in the person’s place of residence.

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).

Section 89B(7): replaced, on 20 December 2025, by section 25 of the Electoral Amendment Act 2025 (2025 No 82).

89CElector must give notice of change of place of residence to different electoral district1This 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).2The elector must, within 2 months after the date on which he or she changed his or her place of residence, give notice of—

athe change in his or her place of residence; and

bthe date on which the change occurred; and

cthe address of the new place of residence.

3Notice under subsection (2) must be given—

ain an approved electronic medium; or

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

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

4An 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.5For 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.67891011121314An elector who knowingly or wilfully fails to comply with subsection (2) commits an offence and is liable on conviction to a fine—

anot exceeding $100 on a first conviction; and

bnot exceeding $200 on any subsequent conviction.

15However, a person is not liable for prosecution for an offence under subsection (14) if, before the commencement of the prosecution,—

athe person gives notice, in accordance with subsection (3), of the matters specified in subsection (2)(a), (b), and (c); or

bthe Electoral Commission has, under section 89CA, removed the person’s name from the electoral roll for the district in which the elector is registered and entered the person’s name and particulars on the electoral roll for new electoral district.

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(15): replaced, on 20 December 2025, by section 26 of the Electoral Amendment Act 2025 (2025 No 82).

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

89CAElectoral Commission updating elector’s address on electoral roll without receipt of notice from elector1This section applies if, on the basis of information disclosed to it pursuant to section 263B, the Electoral Commission is satisfied that an elector’s current place of residence is different from that recorded on the electoral roll.2The Electoral Commission may notify the elector in writing of the following matters:

athat the Electoral Commission believes that the electoral roll does not correctly record the elector’s current place of residence:

bthe address that the Electoral Commission is satisfied is the elector’s current place of residence (the elector’s new address):

cin the case that the elector’s new address is located in the electoral district in which the elector is registered, that the Electoral Commission proposes to amend the electoral roll for the district in which the elector is registered to record the elector’s new address:

din the case that the elector’s new address is located in a different electoral district from that in which the elector is registered, that the Electoral Commission proposes to remove the elector’s name and particulars from the electoral roll for the district in which the elector is registered (district A) and enter the elector’s name and particulars on the electoral roll for the district in which the elector’s new address is located (district B), which is—

ia Māori electoral district if district A was a Māori electoral district; or

iia General electoral district if district A was a General electoral district:

ethat the proposed action in paragraph (c) or (d) will be taken after the expiry of 28 days from the date the notification is sent (the notice period) unless before the end of the notice period the elector provides in writing such evidence as may be necessary to satisfy the Electoral Commission that the proposed action should not be taken.

3If the Electoral Commission takes the proposed action described in subsection (2)(c), the Electoral Commission must notify the elector, in accordance with section 94A, of the amendment made to the electoral roll.4If the Electoral Commission takes the proposed action described in subsection (2)(d), the Electoral Commission must, no later than 14 days after entering the elector’s name and particulars on the electoral roll for district B, notify the elector in writing that—

atheir name has been removed from the electoral roll for district A; and

bthey are registered as an elector of district B.

5In this section, 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.

Section 89CA: inserted, on 20 December 2025, by section 27 of the Electoral Amendment Act 2025 (2025 No 82).

89CBElectoral Commission may remove person’s name from dormant roll and register person as elector1This section applies if, on the basis of information disclosed to it pursuant to section 263B, the Electoral Commission is satisfied that a person whose name is on the dormant roll for any district should be registered as an elector of that district or any other district.2The Electoral Commission may notify the person in writing of the following matters:

athat the person’s name is on the dormant roll for an electoral district (district A):

bthe address that the Electoral Commission is satisfied is the person’s current place of residence (the person’s address):

cthat the Electoral Commission proposes to register the person’s name and particulars on the electoral roll for the district in which the person’s address is located (district B), which is—

ia Māori electoral district if district A was a Māori electoral district; or

iia General electoral district if district A was a General electoral district:

dthat the proposed action in paragraph (c) will be taken after the expiry of 28 days from the date on which the notification is sent (the notice period) unless before the end of the notice period the person provides in writing such evidence as may be necessary to satisfy the Electoral Commission that the proposed action should not be taken.

3If the Electoral Commission takes the proposed action described in subsection (2)(d), the Electoral Commission must, no later than 14 days after entering the person’s name and particulars on the electoral roll for district B, notify the person in writing that the person is registered as an elector of district B.4To avoid doubt, district B may be the same district as district A or a different district.

Section 89CB: inserted, on 20 December 2025, by section 27 of the Electoral Amendment Act 2025 (2025 No 82).

Updating of electoral rolls

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

89DInquiry to be made to update electoral rolls1The Electoral Commission must make an inquiry into the particulars on the roll for every person registered as an elector of a district at the following times:

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

bat any other time determined by the Electoral Commission.

2Additionally, in any year in which a triennial general election of members of any local authority is due to be held in accordance with section 10(2) of the Local Electoral Act 2001, the Electoral Commission must make an inquiry into the particulars on the roll for every person who—

ais registered as an elector of a district; and

bappears from those particulars to reside within a particular local government area.

34If a roll that is not yet in force has been compiled under section 101(1), the inquiry to be made under this section must be in respect of that roll.5An inquiry may be made by giving to every elector in respect of whom an inquiry is made a written notice that—

amust—

icontain some or all of the particulars on the roll for the elector to whom it is addressed; or

iicontain information about how the elector can access his or her particulars electronically; and

bmust require the elector, if any of those particulars have changed or are incorrect, to notify the Electoral Commission by—

isending the corrected particulars to the Electoral Commission in a form that the Electoral Commission has approved; or

iiusing an approved electronic medium to make any change or correction required to the particulars.

6An elector who has a physical or mental impairment may give a notification required by subsection (5) through a representative, and section 86 applies with any necessary modifications.7For the purposes of this section,—

aa 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

bthe 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): replaced, on 20 December 2025, by section 31(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 89D(2): replaced, on 20 December 2025, by section 31(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 89D(3): repealed, on 20 December 2025, by section 31(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 89D(4): amended, on 20 December 2025, by section 31(2) of the Electoral Amendment Act 2025 (2025 No 82).

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

Section 89D(5): amended, on 20 December 2025, by section 31(3) of the Electoral Amendment Act 2025 (2025 No 82).

Section 89D(5)(a)(i): amended, on 20 December 2025, by section 31(4) of the Electoral Amendment Act 2025 (2025 No 82).

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

89DAUpdating Māori option details1The Electoral Commission must send to Māori electors information about the exercise of the Māori option, if practicable, not later than—

a30 April 2023; and

b31 March in any other year in which Parliament is due to expire.

2The Electoral Commission must send to Māori electors information about the exercise of the Māori option not less than 3 months before the commencement of a local government election period under section 78B.3The information required to be sent to Māori electors under subsections (1) and (2) may be sent by any means that the Electoral Commission considers appropriate and—

amust inform the elector that they are currently registered in a Māori electoral district or a General electoral district (whichever applies); and

bmust inform the elector that they are entitled to—

iexercise the Māori option under section 76 at any time other than as provided in sections 78A to 78C; and

iichange the type of electoral district in which they are registered; and

cmust include a form or information about an approved electronic medium to use to exercise the Māori option; and

dmay give information about the differences between the 2 types of electoral districts that the Electoral Commission considers would be useful.

Section 89DA: inserted, on 31 March 2023, by section 9 of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

Section 89DA(3)(b)(ii): amended, on 20 December 2025, by section 68 of the Electoral Amendment Act 2025 (2025 No 82).

89ENo inquiry required if application for registration as elector receivedIf the Electoral Commission receives, during an inquiry under section 89D, or within 28 days before the commencement of an inquiry under that section, a duly completed application for registration as an elector,—

athat application is deemed to be a completed form for the purposes of section 89D; and

bthe 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).

Section 89E: amended, on 20 December 2025, by section 32 of the Electoral Amendment Act 2025 (2025 No 82).

Section 89E: amended, on 21 March 2017, by section 32(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 89E(b): amended, on 21 March 2017, by section 32(2) of the Electoral Amendment Act 2017 (2017 No 9).

89FProcedure following inquiry under section 89D1If, following an inquiry under section 89D, the Electoral Commission receives notice under section 89D(5)(b) that an elector has changed his or her place of residence and now resides in another electoral district, the Electoral Commission—

amust, in accordance with section 98(1)(a), remove the elector’s name from the roll for the district in which the elector previously resided; and

bmust, in accordance with section 89, register that elector on the roll for the district in which the elector resides.

2If, following an inquiry under section 89D, the Electoral Commission receives notice under section 89D(5)(b) of any change or correction to an elector's particulars, other than a change of place of residence referred to in subsection (1), the Electoral Commission must amend the elector's particulars on the roll in accordance with that notification.3An elector remains on the roll and his or her particulars on the roll remain unchanged if—

athe Electoral Commission does not receive from the elector a form or information under section 89D(5)(b); or

bthe Electoral Commission receives from the elector a form or information under section 89D(5)(b) with no changes.

4A form that a person intends to return, or returns, under section 89D(5)(b)(i) must be signed and may be rejected for incompleteness, in accordance with subsections (1)(a), (2), and (3) of section 83 (which apply with all necessary modifications), as if the form were an application in respect of registration as an elector.5Information that an elector intends to supply, or supplies, electronically under section 89D(5)(b)(ii)—

ais not an application in respect of registration as an elector required by section 83(1)(a) to be signed; but

bmay 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 31 March 2023, by section 10(1) of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

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 31 March 2023, by section 10(1) of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

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 31 March 2023, by section 10(1) of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

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

Section 89F(4): amended, on 31 March 2023, by section 10(2) of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

Section 89F(5): amended, on 31 March 2023, by section 10(3) of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

89GElector who cannot be contacted to be included on dormant roll1This section applies if—

aan inquiry under section 89D in relation to an elector cannot be delivered (whether by post, courier, or otherwise) to the elector at the elector's address on the roll; or

bat any other time, the elector cannot be contacted at the elector’s address on the roll.

2If this section applies, the Electoral Commission must—

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

bif the Electoral Commission is unable to contact the elector, remove the name of the elector from the roll and include the name on 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 heading: amended, on 20 December 2025, by section 33(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 89G(1)(a): replaced, on 20 December 2025, by section 33(2) of the Electoral Amendment Act 2025 (2025 No 82).

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 20 December 2025, by section 33(3) of the Electoral Amendment Act 2025 (2025 No 82).

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

Heading: repealed, on 25 March 2014, by section 23 of the Electoral Amendment Act 2014 (2014 No 8).

90Changes of address to be notified

Section 90: repealed, on 25 March 2014, by section 23 of the Electoral Amendment Act 2014 (2014 No 8).

91Effect of failure to notify change of address

Section 91: repealed, on 25 March 2014, by section 23 of the Electoral Amendment Act 2014 (2014 No 8).

Death of registered elector92Notification of death of registered elector1The Registrar-General appointed under section 124(1) of the Births, Deaths, Marriages, and Relationships Registration Act 2021 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.2The information referred to in subsection (1) is the fact of the death, together with any particulars known to the Registrar-General appointed under section 124(1) of the Births, Deaths, Marriages, and Relationships Registration Act 2021 that may be required to enable the Electoral Commission—

ato determine the electoral district in which the deceased person resided; and

bto 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 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).

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 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).

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).

93Notification of marriages and civil unions1In this section, Registrar-General means the Registrar-General appointed under section 124(1) of the Births, Deaths, Marriages, and Relationships Registration Act 2021.2As soon as is reasonably practicable after the registration of a marriage or a civil union under subpart 5 of Part 2 of the Births, Deaths, Marriages, and Relationships Registration Act 2021, the Registrar-General must provide to the Electoral Commission the following information in respect of each of the parties to the marriage or civil union:

afull name:

bdate of birth:

cusual residential address:

ddate of marriage or civil union.

3Subsection (4) applies if a party to the marriage or civil union is—

aregistered as an elector of any district; or

ba person who has applied under section 82(2) for registration as an elector.

4The Electoral Commission must—

agive written notice to the party to the marriage or civil union asking for details of any changes resulting from the marriage or civil union that may be required to the name and address under which they are registered on the roll; and

bif a change is required, amend the roll in accordance with the details supplied.

5If 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(1): amended, on 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).

Section 93(2): amended, on 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).

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).

Section 93(4)(a): replaced, on 20 December 2025, by section 15 of the Electoral Amendment Act 2025 (2025 No 82).

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).

94Notification of change of name1This section applies if a person registers a change of his or her name under section 69 or 70 of the Births, Deaths, Marriages, and Relationships Registration Act 2021.2The Registrar-General appointed under section 124(1) of the Births, Deaths, Marriages, and Relationships Registration Act 2021 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:

athe old name and the new name of the person; and

bthe person’s date of birth; and

cthe 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 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).

Section 94(2): amended, on 15 June 2023, by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).

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).

94AConfirmation of change of name, address, or other particulars1This 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:

athe place of residence of the person, following a change of residence within an electoral district; or

bthe name of the person; or

cany other particulars of a kind specified in section 83(2)(d), (g), or (h).

2The Electoral Commission must, not later than 14 days after the roll is amended, give to the person written notice 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 20 December 2025, by section 34 of the Electoral Amendment Act 2025 (2025 No 82).

Section 94A(2): amended, on 21 March 2017, by section 35 of the Electoral Amendment Act 2017 (2017 No 9).

Objections to registration95Elector’s objection1Any 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.2Every such objection—

ashall be made in writing to the Electoral Commission; and

bshall specify—

ithe name of the objector; and

iisufficient particulars to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection.

3Where 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.4Where 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).

95ANotice of elector’s objection1Subject to subsections (3) and (4) of section 95, the Electoral Commission must, on receipt of an objection under section 95, forthwith serve on—

athe person objected to; or

bthe 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

cthe 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).2Any notice issued under subsection (1) shall be served personally in accordance with the rules governing personal service contained in

District Court Rules 2014

.3The notice issued by the Electoral Commission under subsection (1) must also inform the person objected to—

athat 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

bthat 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

cthat 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.

4If, 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—

aremove the name of the person from the roll; and

binclude the name on 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).

Section 95A(4)(b): amended, on 20 December 2025, by section 136 of the Electoral Amendment Act 2025 (2025 No 82).

95BPower to remove name from rollWhere, 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,—

athe person objected to; or

bthe 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

cthe 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).

95CPower to retain name on rollWhere, 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,—

athe person objected to; or

bthe 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

cthe 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).

95DReference of elector’s objection to District Court1Unless,—

awithin 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

bthe 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.2Subject 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.3Any 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).

96Electoral Commission’s objection1The 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.2If the Electoral Commission objects, it must give notice in writing of the objection to—

athe person objected to; or

ba representative of the person objected to.

3The notice must—

ainform the person objected to—

iof the grounds for the objection; and

iiof the reasons supporting the grounds for objection; and

iiithat the person may forward to the Electoral Commission a statement signed by the person giving reasons why the person’s name should be retained on the roll; and

ivthat the person’s name will be retained on the roll if the person provides the Electoral Commission with evidence that satisfies the Electoral Commission that the person’s name should be retained on the roll; and

vthat, if the person fails to forward a statement to the Electoral Commission within 14 days after the date on which the notice is served on the person, the Electoral Commission will remove the person’s name from the roll under section 95B; and

bbe served personally in accordance with the rules governing personal service contained in the

District Courts Rules 2014

4If the Electoral Commission is unable, after making any inquiries it thinks fit, to serve notice of objection on the person objected to personally, after making at least 2 attempts, the Electoral Commission must—

aremove the person’s name from the roll; and

binclude the person’s name on the dormant roll maintained under section 109.

5Nothing 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).

Section 96(4)(b): amended, on 20 December 2025, by section 137 of the Electoral Amendment Act 2025 (2025 No 82).

97Procedure on reference of application or objection to District Court1The 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 96.2The 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.3In 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.3AIf 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.4If 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.5Except 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.6At the hearing of an objection no grounds of objection shall be taken into account except those specified in the particulars of the objection.7In any proceedings to which this section applies the court may make such order as to costs as the court thinks fit.8Subject to the provisions of this section, the ordinary rules of procedure of the court shall apply.9The 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.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 roll98Removal of names from roll by Electoral Commission1Subject to subsection (6), the Electoral Commission must remove from the roll—

athe name of every person who, consequent on a change in his or her place of residence,—

iis not qualified to be registered as an elector of the district; and

iiresides in, and is registered as an elector of, another district:

bthe name of every person of whose identity the Electoral Commission is satisfied and whose death has been notified to the Electoral Commission—

iby any Registrar of Births and Deaths; or

iiby the father, mother, or spouse, civil union partner, or de facto partner of that person or by a sister or brother of that person:

dthe name of every person who, as a result of inquiries made under section 89G(2)(a), the Electoral Commission has reason to believe has ceased for 1 month or more to reside in the district in which they are registered:

ethe name of every person whose name is entered on the Corrupt Practices List made out for any district:

fthe name of every person whose disqualification under section 80—

iis duly certified to the Electoral Commission; or

iiis notified to the Electoral Commission under section 86A:

gthe name of every Māori person who has exercised the Māori option under section 76 and chosen to be registered as an elector for a different type of electoral district:

hwhere the roll is for a Maori electoral district, the name of every person who is not a Maori:

ithe name of every person who has been registered for the district—

iby mistake; or

iiby clerical error; or

iiias a result of false information.

2Notwithstanding anything in this Act, the Electoral Commission, on being satisfied that the name of any person has been omitted or removed from the roll—

aby mistake; or

bby clerical error; or

cas 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.3In addition to other powers of alterations conferred by this Act, the Electoral Commission may at any time, subject to subsection (6), alter the roll—

aby correcting any mistake or omission in the particulars of the enrolment of a person:

bby striking out the superfluous entry when the name of a person appears more than once on the roll.

4The Electoral Commission may, subject to subsection (6), place a person’s name on the roll if—

athe person has been registered as an elector of a district other than the district in which the person should have been registered; and

bthe 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.

5Where, 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.6No 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.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): replaced, on 20 December 2025, by section 35 of the Electoral Amendment Act 2025 (2025 No 82).

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): amended, on 20 December 2025, by section 138 of the Electoral Amendment Act 2025 (2025 No 82).

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(1)(g): replaced, on 31 March 2023, by section 12 of the Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62).

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).

99Notice of alterations to roll1If the name of a person is removed from the roll under any of the provisions in section 98(1)(d) to (i), the Electoral Commission must, in accordance with subsection (3) or (4), give written notice to the person that their name has been removed from the roll.2If the name of a person has been removed from a roll under section 98(1)(h) or (i) and, under section 98(4), entered on another roll, the Electoral Commission must, in accordance with subsection (3) or (4), give written notice to the person that their name has been entered on another roll.3If the name of a person is removed or entered in the period beginning on the day after writ day and ending on polling day, the notice required by subsection (1) or (2) must be given immediately.4In any other case, a notice required by subsection (1) or (2) must be given no later than 14 days after the date on which the person’s name is removed or entered.

Section 99: replaced, on 20 December 2025, by section 36 of the Electoral Amendment Act 2025 (2025 No 82).

100Corrupt Practices List1Where 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,—

abeen convicted of a corrupt practice; or

bbeen 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.2The 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.3Whenever 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.4Whenever 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.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 rolls101Electoral rolls1Where a notice is gazetted under section 40(1)(b) or section 45(9)(b), the Electoral Commission shall—

adecide, 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

bcompile 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).

2For 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.3For 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.4Where 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.5The compiled lists shall be compiled immediately before—

athe next succeeding inquiry under section 89D; or

bthe 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.6Every 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.7The 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.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).

102Maintenance of rolls being replaced1If 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.2Despite 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.3If 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).

103Rolls where Parliament dissolved after change of boundaries and before new rolls completed1If 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).2Each list compiled under section 101(1)(b) (as applied by subsection (1)) must—

abe the electoral roll for the district to which it relates; and

bcome into force as soon as it is compiled.

3The Electoral Commission must—

akeep every electoral roll to which subsection (2) applies up to date by making all the additions, alterations, and deletions that become necessary; and

bincorporate 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).

104Main roll to be printed1Each year, the Electoral Commission must—

afix a date for the closing of the main rolls; and

bpublish the date in the Gazette.

2At least once a year, the Electoral Commission must print a main roll for each district that lists all persons whose names are lawfully on the electoral roll for the relevant district as at the date fixed for the closing of the main rolls.3Every main roll printed for a district is the main roll for the district until a new main roll is printed for the district.

Section 104: replaced, on 20 December 2025, by section 69 of the Electoral Amendment Act 2025 (2025 No 82).

105Supplementary rolls to be printed1The Electoral Commission must, from time to time, print a supplementary roll for a district that contains a list of all persons whose names do not appear on the main roll 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 supplementary roll by the Electoral Commission.2However, a supplementary roll must be printed as soon as practicable after the issue of a writ for an election in the relevant district, and the date for the closing of that roll is writ day.3Every supplementary roll printed for a district under this section is a supplementary roll for the district until a new main roll is printed for the district.

Section 105: replaced, on 21 March 2017, by section 50 of the Electoral Amendment Act 2017 (2017 No 9).

106Form of main roll and supplementary rolls1The main roll and supplementary rolls printed for a district must show the names and residences of the persons included on the roll, arranged alphabetically in order of surnames.2The 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.3The 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.4The 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.5With 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.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(1): replaced, on 20 December 2025, by section 16 of the Electoral Amendment Act 2025 (2025 No 82).

Section 106(5): amended, on 21 March 2017, by section 51 of the Electoral Amendment Act 2017 (2017 No 9).

107Composite rolls1The Electoral Commission may, from time to time, print a composite roll for each district, which roll—

ashall, subject to any additions, alterations, and deletions made to the electoral roll for the district, contain a list of—

iall persons whose names appear on the main roll for the district; and

iiall persons whose names appear on any existing supplementary roll for the district; and

iiiall 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

bshall, subject to paragraph (a), be printed in the manner prescribed by section 106 in respect of a main roll.

2Notwithstanding 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.3Where 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—

ashall cause the composite roll to be printed as soon as may be after the issue of the writ for the election; and

bshall not be obliged to issue a supplementary roll for the district under the proviso to section 105(1) in relation to that election.

4Where a composite roll for a district is printed under this section,—

athe composite roll shall, notwithstanding section 104(3), be the main roll for the district until a new main roll is printed for the district under section 104(2) or a new composite roll is printed for the district under this section; and

bthe main roll and any supplementary rolls that were in force for the district immediately before the date of the closing of the composite roll shall cease to be in force.

5Nothing in this section—

alimits the provisions of section 104(2); or

bprevents any main roll or supplementary roll that is no longer in force from being examined for the purpose of determining—

iwhether any person’s name should appear on the main roll or any supplementary roll for the time being in force for any district; or

iiwhether any person is qualified to vote in any district as a special voter.

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).

Section 107(4)(a): amended, on 20 December 2025, by section 70 of the Electoral Amendment Act 2025 (2025 No 82).

Section 107(5)(a): amended, on 20 December 2025, by section 70 of the Electoral Amendment Act 2025 (2025 No 82).

108Habitation indexesThe Electoral Commission—

amay from time to time compile in respect of any electoral district a habitation index—

ilisting, in accordance with their residential addresses, the electors who reside in that electoral district; and

iishowing, 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

bshall, 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.

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).

109Dormant roll1The 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—

aunder section 89G; or

bas a result of the removal of the name of that person from the roll under section 95A(4) or 96(4).

2The Electoral Commission must remove the name of a person from the dormant roll on the first occurrence of any of the following events:

ain 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

bin the case of a person whose name has been removed from the electoral roll under section 95A(4) or section 96(4), when the person registers as an elector of any district; or

bain the case of a person whose name has been removed from the electoral roll under section 89G, 95A(4), or 96(4), when the person is registered as an elector of any district on the initiative of the Electoral Commission under section 89CB; or

cin 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—

iby any Registrar of Births and Deaths; or

iiby the father, mother, spouse, civil union partner, de facto partner, sister, or brother of the person; or

iiiby the administrator of the estate of the person; or

dthe expiration of the period of 3 years beginning with the date on which the person’s name was placed on the dormant roll.

3The 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.4The 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.5The 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(1)(b): amended, on 20 December 2025, by section 28(1) of the Electoral Amendment Act 2025 (2025 No 82).

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)(b): amended, on 20 December 2025, by section 28(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 109(2)(ba): inserted, on 20 December 2025, by section 28(3) of the Electoral Amendment Act 2025 (2025 No 82).

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).

110Public inspection of rolls, etc1A copy or copies of—

athe main roll and of the supplementary rolls for any district; and

bthe latest index compiled under section 108 in respect of the electoral district; and

cthe 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.2Any direction given by the Electoral Commission may be given in respect of any or all of the categories of documents specified in subsection (1).3Any 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,—

athe documents specified in subsection (1):

bthe 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:

cthe 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:

dthe 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:

ehis or her own application for registration as an elector:

fthe application for registration of any person whose name is on the electoral roll if—

ithat person consents to his or her application being inspected; or

iithe Electoral Commission is satisfied that the inspection of the application is justified by a genuine and proper interest:

gthe list of post-writ day deletions referred to in section 98(5).

4In the case of—

athe computer-compiled list printed pursuant to section 109(5); and

bthe 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.5Any person may, on paying the prescribed fee, obtain a copy of—

athe main or supplementary roll for a district:

ban index compiled under section 108.

6Regulations made under section 267—

amay prescribe a scale of fees for the purposes of subsection (5); and

bshall 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.

7Where 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.8If 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.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).

111Inspection of rolls at hui1Subject 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—

athe main roll and the supplementary rolls kept for any district:

bthe 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:

cany computer-compiled list printed pursuant to section 109(5).

2A 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.3Where 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.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).

111AObjectives of sections 111B to 111FThe objectives of sections 111B to 111F are—

ato 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

bto ensure that registers of iwi affiliations are established and maintained by a body which—

iis accountable to the organisations to which it is authorised to supply information; and

iiis financially viable and well managed; and

iiimanages information in compliance with the requirements of this Act and the

Privacy Act 2020

; and

ivmakes iwi affiliation information available to iwi organisations and other Maori organisations at a reasonable cost; and

vexcept 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

cto 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

dto leave unaffected—

iany 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

iiany 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).

111BInterpretation of terms in sections 111C to 111FFor 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).

111CElectoral Commission may seek consent of Maori electors to supply of information to designated body1The 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.2The particulars referred to in subsection (1) are—

athe elector’s first names and surname:

bthe elector’s postal address, email address (if any), and contact telephone numbers (if any):

cthe elector’s date of birth:

dany randomly generated number assigned to that elector by the Electoral Commission.

3The Electoral Commission may ask a Maori elector—

awhether 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

bif the answer under paragraph (a) is in the affirmative,—

ito give his or her iwi affiliation information; and

iiif 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.

4Despite 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 115.5If 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).6If 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.7The Electoral Commission—

amay 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

bmust 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)(a): replaced, on 20 December 2025, by section 17 of the Electoral Amendment Act 2025 (2025 No 82).

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).

111DElectoral Commission may supply information to designated body1The Electoral Commission may supply the information described in subsection (2) to the designated body if—

athe Electoral Commission has obtained the consent of a Maori elector under section 111C(1) (and that consent has not been withdrawn); and

bthe Electoral Commission has under section 111C(3) obtained the consent of a Maori elector to the supply of the iwi affiliation information of that elector.

2The information referred to in subsection (1) is—

athe particulars of the elector described in section 111C(2); and

bthe elector’s iwi affiliation information; and

cif, under section 111C(3)(b)(ii), the elector specified a particular organisation or organisations to which the iwi affiliation information may be supplied, the name of that organisation or those organisations.

3The Electoral Commission may charge a reasonable fee for the supply of information to the designated body under this section.4Information supplied under this section is supplied for the purpose of enabling the designated body to—

aestablish and maintain a register or registers of iwi affiliations; and

bsupply the information on that register or registers to any organisation to which it is authorised to supply that information under section 111F.

5Except as required for the purpose described in subsection (4), the designated body must not use the information supplied to it under this section to create or maintain information on the whakapapa of any Maori elector.

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).

111EMinisters of Justice and Maori Affairs may designate body to receive information1The 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.2The information referred to in subsection (1) is—

ainformation described in section 111C(2); and

binformation described in section 111C(3)(b).

3The 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—

athe 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

bthe 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

cthe 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

dthe person or body of persons has the ability to fund the establishment and maintenance of the register of iwi affiliations; and

ethe person or body of persons meets any other criteria that may be specified in regulations made under section 267(c).

4The 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).

111FDesignated body may supply information from register of iwi affiliations to iwi organisation and other Maori organisation1The designated body may supply the information in relation to a particular Maori elector that is held on a register of iwi affiliations—

aif the Maori elector has specified a particular organisation or organisations under section 111C(3)(b)(ii), to that organisation or organisations; or

bin 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.

2If 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.3If 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.4Information supplied under this section is supplied for the purposes of the iwi organisation or other Maori organisation to which it is supplied.5Any 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).

112Supply of information on age and Maori descent1Any person may, in the manner specified in subsection (3), request the Electoral Commission to provide to that person,—

afor the purposes of research conducted by that person on a topic that relates to a scientific matter,—

ia list of electors in a particular age group as defined in section 114(9); or

iia list of electors of Maori descent; or

bfor the purposes of research being conducted by that person on a topic that relates to human health,—

ia list of electors whose birthdays fall within a period of 12 months; or

iia list of electors of Maori descent; or

cwithout limiting paragraph (a), for the purposes of research by that person that relates to elector participation in an election, a by-election, or a poll conducted under this Act or the

Local Electoral Act 2001

,—

ia list of electors in a particular age group as defined in section 114(9); or

iia list of electors of Māori descent.

2A list supplied pursuant to a request under subsection (1) must specify, in relation to each elector on the list, the elector’s name, postal address, residential address, and meshblock.3Any request made under subsection (1) may seek information about electors appearing to be entitled to vote in—

a1 or more named electoral districts; or

ball electoral districts; or

c1 or more named regions or constituencies of a region; or

d1 or more named territorial authority districts; or

e1 or more named wards; or

f1 or more named community board areas; or

g1 or more named local board areas;—

but shall not include any request for a random sample of electors.4Every list supplied following a request under subsection (1) may be supplied in the form of a computer-compiled list or in electronic form.5The Electoral Commission shall comply with a request under subsection (1) if—

athe person requesting the list pays the prescribed fee; and

bthe 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

cthe 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

dthe 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

ethe Electoral Commission is satisfied that the list should be provided; and

fif 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.

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): replaced, on 20 December 2025, by section 18 of the Electoral Amendment Act 2025 (2025 No 82).

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).

112AProvision of electoral information to Government Statistician1Nothing in this Act limits or prevents the provision of any of the following information to the Government Statistician for the production of official statistics or research under the

Data and Statistics Act 2022

aa list of electors in a particular age group as defined in section 114(9):

ba list of electors of Māori descent:

ca list of electors whose birthdays fall within a period of 12 months:

da list of electors as at a date specified by the Statistician:

ea list of electors on the dormant roll:

fin relation to each elector on a list described in paragraphs (a) to (e), the elector’s name, date of birth, postal address, residential address, and meshblock:

ginformation about any elector appearing to be entitled to vote in—

i1 or more named electoral districts; or

iiall electoral districts; or

iii1 or more named regions or constituencies of a region; or

iv1 or more named territorial authority districts; or

v1 or more named wards; or

vi1 or more named community board areas; or

vii1 or more named local board areas:

hany other information that the Electoral Commission agrees to provide to the Government Statistician for the production of official statistics or research.

2Despite subsection (1), the Electoral Commission must not provide to the Government Statistician information that is subject to a direction under section 115(1).

Section 112A: inserted, on 1 September 2022, by section 107(1) of the Data and Statistics Act 2022 (2022 No 39).

Section 112A(1)(f): amended, on 20 December 2025, by section 19 of the Electoral Amendment Act 2025 (2025 No 82).

113Supply of computer-compiled lists and electronic storage media to local authorities1Subject 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.2For 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.3The specified information, which shall be provided free of charge, shall be provided in accordance with any regulations made pursuant to section 267.4Any electronic storage medium supplied by the Electoral Commission must be returned to the Electoral Commission as soon as practicable after use.5Where the specified information is requested for a by-election or poll to be conducted at some time other than a triennial general election, the Electoral Commission may supply only such of the specified information as is relevant to the conduct of the by-election or poll.6If an electoral official requires specified information for any purpose other than a purpose specified in subsection (1), and the latest information already available to the electoral official is not suitable for the purpose, the electoral official may make a special request to the Electoral Commission for the information, which must be supplied subject to, and in accordance with, any regulations made under section 267.78Regulations made under section 267 may prescribe—

afees for the supply of an electronic storage medium by the Electoral Commission in any case; and

bfees for providing information under this section on an electronic storage medium in any case to which subsection (1) does not apply.

9If an electoral official of a local authority (as defined in section 5 of the Local Electoral Act 2001) wishes to obtain, for the purposes of compiling a roll of electors for the local authority and for no other purpose, any specified information, the Electoral Commission may, in accordance with regulations made under this Act, give that electoral official, on payment of the prescribed fee, a computer-compiled list or electronic storage medium containing that information.9AAny electoral official of a local authority (as defined in section 5 of the Local Electoral Act 2001) may, on payment of the prescribed fee, and in accordance with regulations made under this Act, obtain from the Electoral Commission a computer-compiled list or electronic storage medium containing specified information, for the purpose of conducting an election for any body, where the Electoral Commission is satisfied that—

athe body is established by statute or is a corporate or unincorporate body established by a local authority or local authorities or is a body contracted by a local authority or local authorities to provide services to some or all local residents or is a body that provides health services or disability support services or electricity supply or is a trust that owns shares in a body or bodies involved in electricity supply to some or all local residents; and

bthe body has in place procedures for the democratic conduct of its elections; and

cit is in the public interest that the election be conducted by a local authority.

9BNothing in subsection (9A) or subsection (9D) requires a local authority to conduct an election on behalf of any other body but, where a local authority conducts an election for another body, the local authority may impose a charge in respect of the conduct of the election.9CWhere any officer of a body designated by notice in writing pursuant to subsection (9D) wishes to obtain, for the purpose of compiling a roll of electors for an election and for no other purpose, any specified information, the Electoral Commission may, in accordance with regulations made under this Act, give that officer, on payment of the prescribed fee, a computer-compiled list or electronic storage medium containing that information.9DThe Minister may, by notice in writing, designate bodies for the purposes of subsection (9C) if the Minister is satisfied that—

athe body has in place procedures for the democratic conduct of its elections; and

bit is in the public interest that the elections are conducted using the specified information.

10For 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:

athe elector’s first names and surname:

bthe elector’s residential address and postal address (if different):

dthe elector’s electoral district (whether Maori or General):

estatistical meshblock details:

fa description of each—

iregion or constituency of a region; or

iiterritorial authority district; or

iiiward; or

ivcommunity board area; or

ivalocal board area; or

vother local authority and, where appropriate, local authority subdivision,—

in respect of which the elector appears to be entitled to vote.11However, 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,—

athe electoral official of the local authority is also entitled to obtain the elector’s date of birth under subsection (1); and

bfor that purpose, subsections (1) to (5) apply as if the date of birth of an elector described in subsection (10) were also specified information.

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)(a): replaced, on 20 December 2025, by section 20(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 113(10)(c): repealed, on 20 December 2025, by section 20(2) of the Electoral Amendment Act 2025 (2025 No 82).

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).

114Supply of electoral information to candidates, political parties, and members of Parliament1The Electoral Commission must supply to a person specified in subsection (2), on a request made in accordance with this section by that person,—

athe information described in subsection (3); and

bif the person so requests, the information described in subsection (4).

2The persons referred to in subsection (1) are—

aany candidate or any person acting on behalf of a political party who wishes to obtain the information for the purposes of the candidate or the political party:

bany candidate or any person acting on behalf of a political party who wishes to obtain the information for the purposes of the candidate or the political party in connection with any local authority elections:

ca member of Parliament or person acting on behalf of a member of Parliament who wishes to obtain the information for the purposes of the member of Parliament:

eany other person charged with responsibilities in relation to the conduct of any official publicity or information campaign to be conducted on behalf of the Government of New Zealand and relating to electoral matters or the conduct of any general election or by-election.

3The information referred to in subsection (1)(a) is—

athe names, residential addresses, meshblock, and postal addresses of, and any randomly generated number assigned by the Electoral Commission to, any or all of the following persons:

ithe electors of an electoral district:

iithe persons whose names are on the dormant roll for an electoral district:

iiithe electors of an electoral district who were registered as electors for that district on or after the date fixed for the closing of the main roll for the district pursuant to section 104, or on or after a date nominated by the applicant, that date being not earlier than the date on which the roll was last closed for printing:

ivthe electors of an electoral district whose names have been removed from the electoral roll for that district on or after a date nominated by the applicant, that date being not earlier than the date on which the roll was last closed for printing; and

bif the person to whom the information is being supplied is one described in subsection (2)(b), the electors of a local authority district or subdivision of a local authority district.

4The information referred to in subsection (1)(b) is,—

awhether the elector is of Maori descent; or

ba list of electors of Maori descent; or

cthe age group within which the elector appears; or

da list of electors in a particular age group; or

eany or all of the above.

5Information supplied by the Electoral Commission under this section may be supplied—

ain the form of a computer-compiled list; or

bin electronic form, including by the giving of remote access to the information by electronic means.

6A request for information from a person described in subsection (2)(a), (b), or (c) must,—

aif the information is sought in electronic form supplied on an electronic storage medium, be accompanied by a storage medium for that electronic information; and

bbe accompanied by the prescribed fee; and

cbe 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.

7A 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.8Regulations 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.9For 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 20 December 2025, by section 21 of the Electoral Amendment Act 2025 (2025 No 82).

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).

114AGeneral provision concerning supply of information by Electoral Commission in electronic formIf 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).

115Unpublished names1Notwithstanding 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—

athe name and residence 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

bthe name and particulars of that person shall not be available for inspection under section 110(3)(c); and

cthe application for registration of that person shall not be available for inspection under section 110(3)(d).

2Without limiting the discretion conferred on the Electoral Commission by subsection (1), the Electoral Commission may on the production of—

aa protection order that is in force under the

Family Violence Act 2018

in respect of any person; or

aaa restraining order that is in force under the

Harassment Act 1997

in respect of any person; or

ba 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 inquiry, the power conferred on the Electoral Commission by that subsection.1956 No 107 s 62A; 1980 No 29 s 27

Section 115(1): amended, on 1 July 2012, by section 52(18)(f) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 115(1)(a): amended, on 20 December 2025, by section 22 of the Electoral Amendment Act 2025 (2025 No 82).

Section 115(2): amended, on 1 July 2012, by section 52(13) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 115(2): amended, on 1 July 2012, by section 52(18)(f) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 115(2)(a): substituted, on 1 July 1996, by section 132 of the Domestic Violence Act 1995 (1995 No 86).

Section 115(2)(a): amended, on 1 July 2019, by section 259(1) of the Family Violence Act 2018 (2018 No 46).

Section 115(2)(aa): inserted, on 1 January 1998, by section 45 of the Harassment Act 1997 (1997 No 92).

Section 115(2)(b): substituted, on 17 August 2011, by section 15 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Offences116Offences relating to use of electoral information1Every person commits an offence who knowingly and wilfully supplies, receives, or uses information supplied in electronic form, or derived from information supplied in electronic form, under section 112, 113, or 114 for a purpose other than a purpose authorised by those sections.2Every person who commits an offence against this section is liable on conviction,—

ain the case of information supplied, received, or used for a commercial purpose, to a fine not exceeding $50,000; or

bin any other case, to a fine not exceeding $10,000.

1956 No 107 s 64BB; 1990 No 1 s 28(1)

Section 116(1): substituted, on 18 March 2002, by section 40 of the Electoral Amendment Act 2002 (2002 No 1).

Section 116(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

117Offences in respect of manipulating or processing electoral information1Every person commits an offence who processes, manipulates, or otherwise changes by optical scanning or other electronic or mechanical means, any information obtained pursuant to section 112 or section 113 or section 114 or contained in any habitation index or any printed roll, in such a way as to produce that information or part of that information in a different form from that in which it was supplied under this Act.2It shall not be an offence against subsection (1) to process, manipulate, or otherwise change information obtained pursuant to any of the provisions of sections 112 to 114 into a different form if—

athe processing or manipulation is done, or the change is effected, by or on behalf of the person by whom the information was obtained; and

bthe information, in its different form, is used only for purposes authorised by the provision under which it was obtained.

3It shall not be an offence against subsection (1) to process, manipulate, or otherwise change information obtained pursuant to any of the provisions of sections 112 to 114 or contained in any habitation index or any printed roll into a different form if the information was obtained under this Act more than 10 years before the date on which the processing or manipulation is done or the change is effected.4Every person who commits a breach of subsection (1) is liable on conviction to a fine not exceeding $50,000.5Every person commits an offence who—

auses for any purpose; or

bsupplies to any person—

any information the production of which contravenes subsection (1).6Every person who commits a breach of subsection (5) is liable on conviction,—

awhere the use or supply was for a commercial purpose, to a fine not exceeding $50,000; or

bwhere the use or supply was for any other purpose, to a fine not exceeding $10,000.

1956 No 107 s 64BC; 1990 No 1 s 28(1)

Section 117(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 17(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

117AOffence relating to misuse of electoral information supplied under section 111D1Every person commits an offence who knowingly and wilfully supplies, receives, or uses information of a kind described in section 111C(2) that is provided by, or derived from information provided by, the Electoral Commission under section 111D, for any purpose other than a purpose authorised by section 111D(4) or section 111F(4).2Every person who commits an offence against this section is liable on conviction,—

ain the case of information supplied, received, or used for a commercial purpose, to a fine not exceeding $50,000; or

bin any other case, to a fine not exceeding $10,000.

Section 117A: inserted, on 10 November 2003, by section 41 of the Electoral Amendment Act 2002 (2002 No 1).

Section 117A(1): amended, on 1 July 2012, by section 52(17)(s) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 117A(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

118False statementsEvery person who knowingly and wilfully makes a false statement in any application, certificate, or information supplied for the purposes of this Part is liable on conviction to—

aa term of imprisonment not exceeding 3 months; or

ba fine not exceeding $2,000.

Section 118: replaced, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

119Wilfully misleading Electoral CommissionEvery person shall for each offence be liable on conviction to a fine not exceeding $2,000 who—

awilfully misleads the Electoral Commission in the compilation of any roll or list, or wilfully enters or causes to be entered thereon any false or fictitious name or qualification or the name of any person whom he or she knows to be dead:

bsigns the name of any person, whether requested to do so or not, or any false or fictitious name to any form of application or objection for the purposes of this Part either as applicant, objector, or witness:

csigns his or her name as witness to any signature upon any such form of application or objection without either seeing the signature written or hearing the person signing declare that the signature is in his or her own handwriting and that the name so signed is his or her own proper name.

1956 No 107 s 67(1); 1980 No 29 s 5(7); 1990 No 1 s 32(1)

Section 119 heading: amended, on 21 March 2017, by section 57(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 119: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 119(a): amended, on 21 March 2017, by section 57(2) of the Electoral Amendment Act 2017 (2017 No 9).

120Duty to report suspected offencesWhere the Electoral Commission believes that any person has committed an offence against section 119, it must report the facts on which that belief is based to the New Zealand Police.1956 No 107 s 67(2); 1983 No 104 s 15

Section 120: amended, on 21 March 2017, by section 58(a) of the Electoral Amendment Act 2017 (2017 No 9).

Section 120: amended, on 21 March 2017, by section 58(b) of the Electoral Amendment Act 2017 (2017 No 9).

Section 120: amended, on 17 August 2011, by section 16 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

121Failure to deliver applicationEvery person shall be liable on conviction to a fine not exceeding $2,000 who, having obtained possession of an application for registration signed by any other person for the purpose of being delivered to the Electoral Commission for registration, wilfully fails so to deliver it so that the applicant’s name is not entered on the roll.1956 No 107 s 68; 1980 No 29 s 5(7); 1990 No 1 s 33(1)

Section 121: amended, on 21 March 2017, by section 59 of the Electoral Amendment Act 2017 (2017 No 9).

Section 121: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Miscellaneous provisions122Assistance to be given to Electoral Commission1All constables—

amust, at the Electoral Commission’s request, assist the Electoral Commission by informing it of the name of any person whom they have reason to believe is qualified to be registered as an elector but is not registered, or is registered but is not qualified to be registered; and

bmust give the Electoral Commission any information the Electoral Commission requests relating to the qualifications of any person for registration as an elector.

2All constables must also assist the Electoral Commission by making such inquiries and obtaining such information as he or she requests.1956 No 107 s 51; 1980 No 29 s 5(7)

Section 122 heading: amended, on 21 March 2017, by section 60(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 122(1): substituted, on 17 August 2011, by section 17 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 122(1)(a): amended, on 21 March 2017, by section 60(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 122(1)(b): amended, on 21 March 2017, by section 60(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 122(2): substituted, on 17 August 2011, by section 17 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 122(2): amended, on 21 March 2017, by section 60(4) of the Electoral Amendment Act 2017 (2017 No 9).

123Copies of rolls, etc, for Returning Officer1The Electoral Commission—

amust supply to the Returning Officer for an electoral district—

ias many copies as the Returning Officer may require of the main roll and supplementary rolls for the district and any other district; and

iia copy of the list of post-writ day deletions referred to in section 98(5); and

bmay supply to the Returning Officer for an electoral district any other information that the Electoral Commission holds that may assist with the identification of electors.

2Despite sections 105 to 107 and 110, the Electoral Commission may modify the form or format of any copies of rolls or information supplied under this section if that is necessary to facilitate the use of technology for finding an elector on a roll, or for the scrutiny of the rolls under this Act.

Section 123: replaced, on 11 March 2020, by section 10 of the Electoral Amendment Act 2020 (2020 No 2).

124Power to destroy records1Subject to subsection (3), the Electoral Commission may destroy any of the records described in subsection (2) if—

athe Electoral Commission considers that the records are no longer required; and

b2 general elections have taken place since the records were made.

2The records referred to in subsection (1) are records held by the Electoral Commission, being—

aapplications for registration as electors; and

bforms returned following an inquiry under section 89D; and

crecords forming part of the dormant roll maintained under section 109(1).

3Nothing in this section authorises any person to destroy any records if he or she has reason to believe that those records are relevant to an election petition or that the time for bringing an election petition to which those records may be relevant has not expired.4Despite subsections (1) to (3), the Electoral Commission may destroy paper copies of any of the records described in subsection (2) if satisfied that accurate electronic images of those records have been created by or on behalf of the Electoral Commission and are being stored by or on behalf of the Electoral Commission in a manner that ensures that those electronic images are and will be able to be used for the same purposes as the paper copies would, if not destroyed, have been required by the rest of this Act to be able to be used.5A requirement in or under this Act that a paper copy of a record be used for a particular purpose is, after that paper copy is destroyed under subsection (4), satisfied by using for that purpose the accurate electronic image, created and stored under subsection (4), of that paper copy.

Section 124: substituted, on 18 March 2002, by section 43 of the Electoral Amendment Act 2002 (2002 No 1).

Section 124(1): amended, on 21 March 2017, by section 62 of the Electoral Amendment Act 2017 (2017 No 9).

Section 124(1)(a): amended, on 21 March 2017, by section 62 of the Electoral Amendment Act 2017 (2017 No 9).

Section 124(2): amended, on 21 March 2017, by section 62 of the Electoral Amendment Act 2017 (2017 No 9).

Section 124(2)(b): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 124(4): added, on 17 August 2011, by section 18 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 124(4): amended, on 21 March 2017, by section 62 of the Electoral Amendment Act 2017 (2017 No 9).

Section 124(5): added, on 17 August 2011, by section 18 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

6ElectionsGeneral elections125Writ for general electionWhenever Parliament is dissolved or expires, the Governor-General must, not later than 7 days after the dissolution or expiration, issue a writ in form 3 to the Electoral Commission requiring the Electoral Commission to make all necessary arrangements for the conduct of a general election.

Section 125: substituted, on 28 February 2002, by section 44 of the Electoral Amendment Act 2002 (2002 No 1).

Section 125: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

126Writs for general election

Section 126: repealed, on 28 February 2002, by section 44 of the Electoral Amendment Act 2002 (2002 No 1).

127Election of list candidates1At any general election any secretary of a political party that is registered under Part 4 may forward to the Electoral Commission a list of candidates for election to the seats reserved for those members of Parliament elected from lists submitted under this section.2The list must—

alist candidates in order of the party’s preference, commencing with the first in order of preference and ending with the last; and

bset out the contact details of each candidate; and

ccontain a declaration made by the secretary, in the manner provided by section 9 of the Oaths and Declarations Act 1957, that states—

ithat each candidate is qualified to be a candidate and to be elected; and

iiwhether the party is a party in respect of which there are 1 or more component parties; and

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

dbe in a form that the Electoral Commission has approved.

3Every list submitted under this section—

amust be submitted to the head office of the Electoral Commission no later than noon on nomination day; and

bmay be submitted by hand, post, or electronically.

3A4The secretary of the political party must lodge with the list submitted under this section, in relation to each candidate nominated in the list,—

aa statement in a form provided by the Electoral Commission, signed by the candidate, and confirming the candidate's consent to the nomination; and

bany statutory declaration made by the candidate received under section 49(4)(b).

56The Electoral Commission shall give a receipt in writing for every list accepted by the Electoral Commission.7Where a list under this section is submitted by a political party that has a logo registered under section 71F, the secretary of that political party may submit with the list a copy of the logo so registered for inclusion—

aon the left-hand side of the ballot paper beside the name of that party on the party vote part of the ballot paper; and

bon the right-hand side of the ballot paper beside the name of any constituency candidate of that party (if any) on the electorate vote part of the ballot paper.

8Every logo submitted under this section—

amust be submitted to the head office of the Electoral Commission no later than noon on nomination day; and

bmay be submitted by hand, post, or electronically.

Section 127(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 127(2): replaced, on 21 March 2017, by section 63(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 127(3): substituted, on 28 February 2002, by section 45(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 127(3): amended, on 21 March 2017, by section 63(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 127(3)(a): replaced, on 20 December 2025, by section 73(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 127(3)(b): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 127(3A): repealed, on 21 March 2017, by section 63(4) of the Electoral Amendment Act 2017 (2017 No 9).

Section 127(4): substituted, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 127(5): repealed, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 127(6): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 127(7): added, on 6 December 1995, by section 35(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 127(7): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 127(8): substituted, on 28 February 2002, by section 45(3) of the Electoral Amendment Act 2002 (2002 No 1).

Section 127(8)(a): replaced, on 20 December 2025, by section 73(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 127(8)(b): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

127ADeposit by party secretary1If a secretary of a political party submits a list under section 127, he or she must pay to the Electoral Commission, no later than noon on nomination day, a deposit of $1,000 (inclusive of goods and services tax).2The deposit must be paid by direct credit to a bank account nominated by the Electoral Commission.3The deposit is forfeit and must be paid into a Crown Bank Account if the party neither—

areceives in total at least 0.5% of the total number of all party votes received by all the parties listed on the part of the ballot paper that relates to the party vote; nor

bwins a constituency seat.

4In every other case the deposit must be returned to the secretary of the party on whose behalf the deposit is paid, but only after the Electoral Commission has received—

aa duly completed return under section 206I in respect of that party; and

ban auditor’s report obtained under section 206L relating to the return, if that section applies.

5For the purposes of subsection (3)(b), a party wins a constituency seat if—

aa constituency candidate for that party has his or her name endorsed on the writ under section 185 as a person declared to be elected as a member of Parliament; or

ba constituency candidate for a component party of that party (being a component party that is not listed on the part of the ballot paper that relates to the party vote but is, in accordance with the details held by the Electoral Commission under any of the provisions of sections 127(3A) and 128A, a component party of that party) has his or her name endorsed on a writ under section 185 as a person declared to be elected as a member of Parliament.

Section 127A: inserted, on 28 February 2002, by section 46 of the Electoral Amendment Act 2002 (2002 No 1).

Section 127A(1): amended, on 20 December 2025, by section 74 of the Electoral Amendment Act 2025 (2025 No 82).

Section 127A(1): amended, on 5 December 2013, by section 4(1) of the Electoral Amendment Act 2013 (2013 No 115).

Section 127A(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 127A(2): replaced, on 1 January 2023, by section 31 of the Electoral Amendment Act 2022 (2022 No 80).

Section 127A(3): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

Section 127A(4)(a): amended, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

Section 127A(4)(b): replaced, on 20 December 2025, by section 119 of the Electoral Amendment Act 2025 (2025 No 82).

Section 127A(5)(b): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

128Acceptance or rejection of lists by Electoral Commission1The Electoral Commission must reject a list submitted under section 127—

aif the list is not submitted by a political party registered under Part 4; or

bif the list is not lodged with the Electoral Commission by noon on nomination day; or

cif the list does not contain the name of at least 1 candidate; or

dif the list does not contain the declaration required by section 127(2)(c); or

eif the deposit required by section 127A is not paid by noon on nomination day.

2Where—

aany person named as a candidate on a list submitted under section 127 is not qualified both to be a candidate and to be elected a member of Parliament; or

bthe consent of any person named as a candidate on a list submitted under section 127 is not lodged in the required form with the Electoral Commission not later than noon on nomination day,—

the Electoral Commission shall delete the name of that person from the list and the order of preference in the list shall be deemed to be amended accordingly.3If, after the deletion of any name or names of candidates from a list pursuant to subsection (2), there are no names of candidates left remaining on the list, the provisions of subsection (1)(c) shall apply.

Section 128 heading: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 128(1): substituted, on 28 February 2002, by section 47 of the Electoral Amendment Act 2002 (2002 No 1).

Section 128(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 128(1)(b): amended, on 20 December 2025, by section 75(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 128(1)(b): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 128(1)(d): replaced, on 1 January 2023, by section 32 of the Electoral Amendment Act 2022 (2022 No 80).

Section 128(1)(da): repealed, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

Section 128(1)(e): amended, on 20 December 2025, by section 75(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 128(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 128(2)(b): amended, on 20 December 2025, by section 75(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 128(2)(b): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

128ANotice of change in component parties1Where the list of any political party has been accepted by the Electoral Commission under section 127(6), it shall be the duty of the secretary of that political party to notify the Electoral Commission by a declaration in the manner provided for by section 9 of the Oaths and Declarations Act 1957 of any change occurring before polling day in the details recorded in the declaration made under section 127(3A).2Every change to which subsection (1) applies shall be notified under that subsection as soon as practicable after the time at which the change occurs.

Section 128A: inserted, on 6 December 1995, by section 37 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 128A(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

128BElectoral Commission must record and notify change in component partiesIf the component parties of a political party listed in the copy of any declaration received by the Electoral Commission under section 127(3A) differ from those recorded in the Register of Political Parties established by section 62(2), the Electoral Commission—

amust amend the Register so that the component parties recorded in the Register are the same as those recorded in the declaration made to the Electoral Commission; and

bmust, immediately after amending the Register under paragraph (a), publish in the Gazette a notice of the amendment made under that paragraph.

Section 128B: substituted, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

128CWithdrawal of list of candidates1A secretary of a political party may, by giving signed notice, withdraw a list of candidates submitted under section 127.1AThe notice must—

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

bbe witnessed as specified in the form.

2No withdrawal of a list of candidates under subsection (1) shall have any effect unless it is lodged with the Electoral Commission not later than noon on the date specified in the writ for the election of constituency candidates as the latest date for the nomination of constituency candidates.2AIf a list of candidates is withdrawn under subsection (1), the deposit paid under section 127A must be returned to the party secretary, unless the party secretary submits another list of candidates in accordance with section 127.3Where a list of candidates is withdrawn under subsection (1), the party secretary may submit another list of candidates in accordance with section 127.

Section 128C: inserted, on 6 December 1995, by section 37 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 128C(1): replaced, on 21 March 2017, by section 66 of the Electoral Amendment Act 2017 (2017 No 9).

Section 128C(1A): inserted, on 21 March 2017, by section 66 of the Electoral Amendment Act 2017 (2017 No 9).

Section 128C(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 128C(2): amended, on 28 February 2002, by section 48(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 128C(2A): inserted, on 28 February 2002, by section 48(2) of the Electoral Amendment Act 2002 (2002 No 1).

By-elections for vacancies in seats of members representing electoral districts129By-elections for members representing electoral districts1If the Speaker is satisfied that the seat of a member elected to represent an electoral district has become vacant, the Speaker must, without delay, publish a notice of the vacancy and its cause in the Gazette.2The Governor-General must, within 21 days after the date of a notice published in accordance with subsection (1), issue to the Electoral Commission a writ in form 6 requiring the Electoral Commission to make all necessary arrangements for the conduct of a by-election to fill the vacancy.3In any case in which it appears to the Governor-General to be necessary for special reasons, the Governor-General may, by Order in Council, authorise the postponement of the issue of a writ for a by-election until a day stated in the Order in Council, being a day not later than 42 days after the date on which the notice was published in accordance with subsection (1).4This section does not apply to a vacancy that occurs in the period between a dissolution or expiration of Parliament and the close of polling day at the next general election.5An order under subsection (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section.

Legislation Act 2019 requirements for secondary legislation made under this sectionPublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116This note is not part of the Act.

Section 129: substituted, on 28 February 2002, by section 49 of the Electoral Amendment Act 2002 (2002 No 1).

Section 129(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 129(5): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

130When Governor-General to act for Speaker

Section 130: repealed, on 28 February 2002, by section 49 of the Electoral Amendment Act 2002 (2002 No 1).

131Power to resolve in certain cases that by-election not be heldNotwithstanding anything in section 129, no writ shall be issued for a by-election to supply a vacancy in the House of Representatives if—

athe vacancy arises in the period of 6 months ending with the date of the expiration of the Parliament and a resolution that a writ not be issued to supply the vacancy is passed by a majority of 75% of all the members of the House of Representatives; or

bfollowing the presentation to the House of Representatives by the Prime Minister of a document informing the House that a general election is to be held within 6 months of the occurrence of the vacancy, a resolution is passed by a majority of 75% of all the members of the House of Representatives to the effect that a writ is not to be issued to supply the vacancy.

1956 No 107 s 73A; 1990 No 1 s 35

Section 131(b): amended, on 17 August 2011, by section 19 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

132Writ for by-election

Section 132: repealed, on 28 February 2002, by section 50 of the Electoral Amendment Act 2002 (2002 No 1).

133No writ to issue pending election petitionIf after a petition has been presented against the return of any member representing an electoral district his or her seat becomes vacant on any of the grounds mentioned in section 55 or 55A, no writ to fill the vacancy shall be issued until after the petition has been disposed of, and not then if the court determines that that member was not duly elected or returned and that some other person was duly elected or returned.1956 No 107 s 75

Section 133: amended, on 4 October 2018, by section 6 of the Electoral (Integrity) Amendment Act 2018 (2018 No 39).

Filling of vacancies in other seats134Supply of vacancy of seat of member elected from party list1If the Speaker is satisfied that the seat of a member elected as a consequence of inclusion of the member’s name on a list submitted under section 127 has become vacant, the Speaker must, without delay, publish a notice of the vacancy and its cause in the Gazette.2The Governor-General must, as soon as practicable after the date of a notice published in accordance with subsection (1), issue to the Electoral Commission a warrant in form 7 directing the Electoral Commission to proceed forthwith to supply the vacancy.3This section does not apply to a vacancy that occurs in the period between a dissolution or expiration of Parliament and the close of polling day at the next general election.

Section 134: substituted, on 28 February 2002, by section 51 of the Electoral Amendment Act 2002 (2002 No 1).

Section 134(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

135When Governor-General to act for Speaker

Section 135: repealed, on 28 February 2002, by section 51 of the Electoral Amendment Act 2002 (2002 No 1).

136Power to resolve in certain cases not to supply vacancyNotwithstanding anything in section 134, no direction shall be issued under that section to the Electoral Commission to supply a vacancy in the House of Representatives if—

athe vacancy arises in the period of 6 months ending with the date of the expiration of the Parliament and a resolution that a direction not be issued to supply the vacancy is passed by a majority of 75% of all the members of the House of Representatives; or

1956 No 107 s 73A; 1990 No 1 s 35

Section 136: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 136(b): amended, on 17 August 2011, by section 20 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

137Method of supplying vacancy1On receipt of any direction under section 134, the Electoral Commission must proceed to fill the vacancy in the manner prescribed in this section.2The Electoral Commission must determine which of the unelected candidates whose name was included in the same party list as the member whose seat has been declared vacant stood highest in the order of preference.3If that candidate is still alive, the Electoral Commission must inquire of the secretary of the political party on whose list the candidate appeared, whether the candidate remains a member of that party.4If that candidate is still alive and remains a member of that political party, the Electoral Commission must then inquire of that candidate whether that candidate is willing to be a member of Parliament, and if that candidate so indicates his or her willingness, the Electoral Commission must declare that person to be elected by notifying the person’s election in the Gazette.5If that person has died or is no longer a member of the political party or does not signify his or her willingness to be a member of Parliament, the Electoral Commission must proceed to make the inquiries described in subsections (3) and (4) in respect of the following candidate in order of preference on the party list, and so on, in descending order of preference, until one of the candidates who remains a member of the party signifies his or her willingness to be a member of Parliament, in which case the Electoral Commission must declare that person to be elected by notifying the person’s election in the Gazette.6If—

ano candidate signifies his or her willingness to be a member of Parliament; or

bthere is no candidate lower in the order of preference on the party list than the member of Parliament whose seat has been declared vacant,—

the vacancy shall not be filled until the next general election.7Whenever subsection (6) applies, the Electoral Commission must publish in the Gazette a notice stating that the vacancy cannot be filled.

Section 137: substituted, on 6 December 1995, by section 38 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 137(1): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 137(1): amended, on 28 February 2002, by section 52(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 137(2): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 137(3): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 137(4): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 137(4): amended, on 28 February 2002, by section 52(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 137(5): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 137(5): amended, on 28 February 2002, by section 52(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 137(7): added, on 28 February 2002, by section 52(3) of the Electoral Amendment Act 2002 (2002 No 1).

Section 137(7): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

138Filing of returnWhere any vacancy is filled under section 137, or the Electoral Commission determines that the vacancy cannot be filled, the Electoral Commission shall, as soon as is convenient, file with the Clerk of the House of Representatives a return indicating,—

ain any case where the vacancy can be filled, the name of the person declared to be elected and the date of the return; or

bin any case where the vacancy cannot be filled, the fact that the vacancy cannot be filled and the date of the return.

Section 138: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Issue of writ

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

139Contents of writ1In every writ for a general election or a by-election there shall be appointed—

athe latest day for the nomination of constituency candidates; and

ba day for the polling to take place if a poll is required, being a Saturday; and

cthe latest day for the return of the writ.

2Polling day must not be earlier than the 20th day after nomination day.34The latest day for the return of the writ (other than a writ issued under section 153E(2)) shall be the 60th day after its issue.5The latest day for the return of a writ issued under section 153E(2) shall be the 78th day after its issue.1956 No 107 s 76; 1975 No 28 s 30; 1985 No 149 s 18

Section 139(1): amended, on 28 February 2002, by section 53(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 139(2): replaced, on 11 March 2020, by section 11(1) of the Electoral Amendment Act 2020 (2020 No 2).

Section 139(3): repealed, on 28 February 2002, by section 53(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 139(4): amended, on 11 March 2020, by section 11(2) of the Electoral Amendment Act 2020 (2020 No 2).

Section 139(4): amended, on 28 February 2002, by section 53(3) of the Electoral Amendment Act 2002 (2002 No 1).

Section 139(5): amended, on 28 February 2002, by section 53(3) of the Electoral Amendment Act 2002 (2002 No 1).

140Chief Registrar to be notified of writ

Section 140: repealed, on 1 July 2012, by section 50 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

141Returning Officer to be notified of writ

Section 141: repealed, on 21 March 2017, by section 67 of the Electoral Amendment Act 2017 (2017 No 9).

142Electoral Commission to give notice of nomination day and nomination process1This section applies,—

ain respect of a general election, on the earlier of the following:

ithe day on which the Prime Minister gives public notice of the day that is to be polling day for a general election; and

iithe day on which the Governor-General issues, under section 125, a writ for a general election; or

bin respect of a by-election, on the day on which either of the following occurs:

ithe Speaker publishes, under section 129(1), a notice of vacancy in the seat of a member of Parliament elected to represent an electoral district that is to be filled by a by-election:

iithe Governor-General issues, under section 153E(2), a writ for a fresh election in a district.

2If this section applies, the Electoral Commission must give notice to the public of the following matters:

athe date of nomination day; and

bthe requirements for submitting nominations of candidates.

3Notice may be given in any manner that the Electoral Commission considers appropriate.

Section 142: replaced, on 20 December 2025, by section 72 of the Electoral Amendment Act 2025 (2025 No 82).

Nominations143Nominations of candidates for electoral districts1Any person qualified under this Act may, with his or her consent, be nominated as a constituency candidate for election for any electoral district, by not fewer than 2 registered electors of that district, by a nomination paper on a form provided by the Electoral Commission.2A person's consent to nomination—

amust, unless subsection (3) applies, be given in writing or electronically; but

bneed not be given at the time the nomination paper is lodged.

3Where any person is for the time being outside New Zealand, his or her consent, for the purposes of subsection (2), may be signified in any manner approved by the Electoral Commission.3A4A nomination paper and a person’s consent to nomination must be lodged with the Electoral Commission, in accordance with the requirements notified under section 142(2)(b), no later than noon on nomination day.4AThe Electoral Commission must acknowledge, in writing, receipt of a nomination made in accordance with the requirements in subsections (1) to (3).5Each constituency candidate shall be nominated by a separate nomination paper in such manner as, in the opinion of the Electoral Commission, is sufficient to identify the constituency candidate.6Every constituency candidate shall ensure that the name or names shown on the nomination paper as the name or names to be used on the ballot paper are short enough to fit on the ballot paper.7No elector may nominate more than 1 constituency candidate.81956 No 107 s 80(1)–(6); 1990 No 1 s 38

Section 143(1): substituted, on 28 February 2002, by section 55(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 143(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 143(2): replaced, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 143(3): amended, on 20 December 2025, by section 83(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 143(3): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 143(3A): repealed, on 21 March 2017, by section 69 of the Electoral Amendment Act 2017 (2017 No 9).

Section 143(4): replaced, on 20 December 2025, by section 83(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 143(4A): inserted, on 20 December 2025, by section 83(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 143(5): amended, on 20 December 2025, by section 83(3) of the Electoral Amendment Act 2025 (2025 No 82).

Section 143(8): repealed, on 20 December 2025, by section 83(4) of the Electoral Amendment Act 2025 (2025 No 82).

144Deposit by candidate1Every constituency candidate, or some person on the constituency candidate’s behalf, must deposit with the Electoral Commission the sum of $300 not later than noon on nomination day.2The deposit must be paid—

ain cash; or

bby direct credit to a bank account nominated by the Electoral Commission.

3The deposit of an unsuccessful candidate is forfeit and must be paid into a Crown Bank Account if the candidate receives in total less than 5% of the total number of votes received by constituency candidates in the district.4In every other case, the deposit of a constituency candidate must be returned to the person who paid it, but only after the Electoral Commission has received from that candidate duly completed returns under sections 205K and 209.1956 No 107 s 81; 1990 No 1 s 39(1)

Section 144(1): amended, on 20 December 2025, by section 84 of the Electoral Amendment Act 2025 (2025 No 82).

Section 144(2): replaced, on 1 January 2023, by section 33 of the Electoral Amendment Act 2022 (2022 No 80).

Section 144(3): substituted, on 28 February 2002, by section 56 of the Electoral Amendment Act 2002 (2002 No 1).

Section 144(3): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

Section 144(4): added, on 28 February 2002, by section 56 of the Electoral Amendment Act 2002 (2002 No 1).

Section 144(4): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 144(4): amended, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

Section 144(4): amended, on 20 December 2007, by section 16 of the Electoral Amendment Act 2007 (2007 No 113).

145Acceptance or rejection of nomination1The Electoral Commission must reject the nomination of a constituency candidate if—

athe nomination paper and the consent of the candidate are not lodged with the Electoral Commission by noon on nomination day; or

bthe nomination paper does not state that the candidate is a registered elector of a specified electoral district, or, where section 49 applies, is a qualified elector of a specified electoral district; or

cthe nomination paper is not signed by at least 2 registered electors of the district for which the nomination is made; or

dthe required deposit is not paid as required by this Act.

2The Electoral Commission must also reject the nomination of a constituency candidate if the Electoral Commission is not satisfied, by such evidence (if any) that the Electoral Commission requires, that the name under which the candidate is nominated is—

athe name under which the candidate’s birth was registered, with any alteration or addition made to it under section 67 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (or an earlier corresponding provision); or

bin the case of a person who has been adopted, the name conferred on that person by the adoption order; or

cthe name by which the candidate was commonly known throughout the period of 12 months ending with the day on which the nomination paper is lodged with the Electoral Commission; or

dthe name that the candidate adopted through a name change registered under section 71 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (or an earlier corresponding provision) before the period of 12 months ending with the day on which the nomination paper is lodged with the Electoral Commission and that the candidate used throughout that period.

3However, the Electoral Commission may accept the nomination of any constituency candidate under a name that does not comply with subsection (2) if—

athe Electoral Commission is satisfied that the candidate adopted the name in good faith and for good reason and the name is not indecent or offensive or likely to deceive or cause confusion; or

bthe candidate has substituted their surname with the surname of another person with whom the candidate is, or has been, married to, or in a civil union with, and the Electoral Commission would not be required to reject any nomination of the other person as a constituency candidate with that surname under subsection (2).

4In any other case, the Electoral Commission must accept the nomination.5Subsection (4) does not limit the jurisdiction of the court hearing an election petition.

Section 145: replaced, on 20 December 2025, by section 85 of the Electoral Amendment Act 2025 (2025 No 82).

146Withdrawal of nomination1A constituency candidate may, by giving signed notice, withdraw his or her nomination.1AThe notice must—

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

bbe witnessed as specified in the form.

2No withdrawal of nomination shall have any effect unless it is lodged with the Electoral Commission not later than noon on nomination day.3Where a candidate has duly withdrawn his or her nomination his or her deposit shall be returned to the person who paid it.1956 No 107 s 83

Section 146(1): replaced, on 21 March 2017, by section 72 of the Electoral Amendment Act 2017 (2017 No 9).

Section 146(1A): inserted, on 21 March 2017, by section 72 of the Electoral Amendment Act 2017 (2017 No 9).

Section 146(2): amended, on 20 December 2025, by section 86 of the Electoral Amendment Act 2025 (2025 No 82).

Bulk nomination of candidates by registered political parties

Heading: inserted, on 28 February 2002, by section 57 of the Electoral Amendment Act 2002 (2002 No 1).

146APurpose of sections 146B to 146KSections 146B to 146K provide an alternative to the procedures set out in sections 143 to 146 by which people can be nominated as candidates for election for electoral districts.

Section 146A: inserted, on 28 February 2002, by section 57 of the Electoral Amendment Act 2002 (2002 No 1).

Section 146A heading: amended, on 20 December 2025, by section 87(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 146A: amended, on 20 December 2025, by section 87(2) of the Electoral Amendment Act 2025 (2025 No 82).

146BNotice of intention to lodge bulk nomination1If, at any general election, a political party that is registered under Part 4 intends to lodge a bulk nomination schedule of candidates for election for electoral districts, the secretary of that party must notify that intention to the Electoral Commission.2A notification under subsection (1)—

amust be given no later than 7 days after the commencement of the regulated period for the general election; and

bmust be on a form provided by the Electoral Commission; and

cmay be given by hand, post, or electronically.

3The secretary of a party may, at any time before lodging a bulk nomination schedule, withdraw a notification under subsection (1) by notifying the withdrawal to the Electoral Commission.4A withdrawal under subsection (3)—

amust be on a form provided by the Electoral Commission; and

bmay be given by hand, post, or electronically.

Section 146B: inserted, on 28 February 2002, by section 57 of the Electoral Amendment Act 2002 (2002 No 1).

Section 146B(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 146B(2)(a): replaced, on 20 December 2025, by section 88 of the Electoral Amendment Act 2025 (2025 No 82).

Section 146B(2)(b): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 146B(2)(c): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 146B(3): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 146B(4)(a): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 146B(4)(b): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

146CEffect of notification of intention to lodge bulk nomination on nominations under section 1431If the secretary of a political party notifies the party’s intention to the Electoral Commission under section 146B(1), that notification remains in force for the purposes of the general election unless—

athe notification is withdrawn under section 146B(3); or

bany bulk nomination schedule lodged by the secretary of that party is rejected under section 146G; or

cthe secretary of that party withdraws, under section 146I, a bulk nomination schedule previously lodged by the secretary without providing either of the following:

ian express statement on the form on which the withdrawal is made that the party intends to lodge another bulk nomination schedule; or

iianother bulk nomination schedule in accordance with section 146D.

2While a notification of a party’s intention under section 146B remains in force for the purposes of a general election,—

athe Electoral Commission may not accept a nomination made under section 143 in respect of a candidate for that political party; and

bif the Electoral Commission has already accepted a nomination made under section 143 in respect of a candidate for that political party, that nomination is of no effect and is to be treated as if it had been withdrawn under section 146.

Section 146C: inserted, on 28 February 2002, by section 57 of the Electoral Amendment Act 2002 (2002 No 1).

Section 146C(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 146C(2)(a): amended, on 20 December 2025, by section 89(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 146C(2)(b): amended, on 20 December 2025, by section 89(2) of the Electoral Amendment Act 2025 (2025 No 82).

146DBulk nomination of constituency candidates1At any general election, the secretary of a political party that is registered under Part 4 may, in accordance with this section, nominate as candidates for election for electoral districts persons who are qualified under this Act and who consent to be nominated.2The secretary of a party may nominate its candidates under this section by lodging, with the Electoral Commission, a single bulk nomination schedule on a form provided by the Electoral Commission.3A bulk nomination schedule—

amay be lodged by hand, post, or electronically; and

bmust be lodged with the Electoral Commission not later than noon on nomination day.

4The Electoral Commission must give a written receipt for every bulk nomination schedule that the Electoral Commission accepts.

Section 146D: inserted, on 28 February 2002, by section 57 of the Electoral Amendment Act 2002 (2002 No 1).

Section 146D(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 146D(3)(a): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 146D(3)(b): amended, on 20 December 2025, by section 76 of the Electoral Amendment Act 2025 (2025 No 82).

Section 146D(3)(b): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 146D(4): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 146D(4): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

146EBulk nomination schedule1The following requirements apply in relation to a bulk nomination schedule:

athe schedule must specify the electoral districts for which candidates are nominated in the schedule:

bthe schedule must state, in relation to each such electoral district,—

ithe full name of the constituency candidate; and

iiif the candidate’s full name is not to be used on the ballot paper, the name or names to be used, which must be short enough to fit on the ballot paper.

2Every bulk nomination schedule must contain a declaration, made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957, that the secretary is satisfied that each constituency candidate nominated in the schedule is qualified under this Act to be a constituency candidate.3The secretary of the political party must lodge with the bulk nomination schedule, in relation to each constituency candidate nominated in the schedule,—

aa statement in a form provided by the Electoral Commission, signed by the constituency candidate, and confirming the candidate's consent to the nomination; and

bany statutory declaration made by the constituency candidate received under section 49(4)(b).

4If the secretary of a political party lodges a bulk nomination schedule and the political party has a logo registered under section 71F, but the political party is not submitting a party list under section 127, then a copy of the logo may be lodged with the Electoral Commission for inclusion on the ballot paper in accordance with section 150(13).5Every logo lodged under subsection (4)—

amay be lodged by hand, post, or electronically; and

bmust be lodged with the head office of the Electoral Commission not later than noon on nomination day.

Section 146E: inserted, on 28 February 2002, by section 57 of the Electoral Amendment Act 2002 (2002 No 1).

Section 146E(3): substituted, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 146E(4): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 146E(4): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 146E(5)(a): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 146E(5)(b): amended, on 20 December 2025, by section 77 of the Electoral Amendment Act 2025 (2025 No 82).

Section 146E(5)(b): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

146FDeposit payable in respect of bulk nomination schedule1If a secretary of a party lodges a bulk nomination schedule under section 146D, he or she must pay to the Electoral Commission, by noon on nomination day, a deposit of $300 (inclusive of goods and services tax) for every constituency candidate nominated in the bulk nomination schedule.2The deposit must be paid in 1 lump sum by direct credit to a bank account nominated by the Electoral Commission.3If an unsuccessful constituency candidate nominated in a bulk nomination schedule receives in total less than 5% of the total number of votes received by constituency candidates in the district for which the unsuccessful candidate was nominated, the amount of the deposit paid under subsection (1) in respect of that unsuccessful candidate is forfeit and must be paid into a Crown Bank Account.4After deducting any amounts forfeit under subsection (3), the Electoral Commission must return the remainder (if any) of the amount paid under subsection (1) to the party secretary, but only if the Electoral Commission has received from every constituency candidate nominated in the bulk nomination schedule duly completed returns under sections 205K and 209.

Section 146F: inserted, on 28 February 2002, by section 57 of the Electoral Amendment Act 2002 (2002 No 1).

Section 146F(1): amended, on 20 December 2025, by section 78 of the Electoral Amendment Act 2025 (2025 No 82).

Section 146F(1): amended, on 5 December 2013, by section 5(1) of the Electoral Amendment Act 2013 (2013 No 115).

Section 146F(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 146F(2): replaced, on 1 January 2023, by section 34 of the Electoral Amendment Act 2022 (2022 No 80).

Section 146F(3): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

Section 146F(4): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 146F(4): amended, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

Section 146F(4): amended, on 20 December 2007, by section 18 of the Electoral Amendment Act 2007 (2007 No 113).

146GAcceptance or rejection of bulk nomination schedule or nomination of candidate1The Electoral Commission must reject a bulk nomination schedule lodged under section 146D—

aif the schedule is not lodged by the secretary of a political party registered under Part 4; or

bif the intention to lodge the schedule has not been notified under section 146B; or

cif the schedule is not lodged with the Electoral Commission by noon on nomination day; or

dif the schedule does not contain the declaration required by section 146E(2); or

eif the deposit required by section 146F(1) is not paid by noon on nomination day.

2The Electoral Commission must not accept the nomination of a candidate listed on a bulk nomination schedule in any case where the Electoral Commission would be required to reject the nomination of that candidate under section 145(2) if the candidate had been nominated under section 143, and the provisions of section 145(2) and (3) apply accordingly with all necessary modifications.3The Electoral Commission must reject the nomination of a candidate listed on a bulk nomination schedule if—

athe candidate is not qualified both to be a candidate and to be elected as a member of Parliament; or

bthe written notice required by section 146E(3) in relation to that candidate is not lodged with the Electoral Commission by noon on nomination day.

4In every other case the Electoral Commission must accept the bulk nomination schedule and the nominations made on the schedule.5Subsection (4) does not limit the jurisdiction of the court hearing an election petition.

Section 146G: inserted, on 28 February 2002, by section 57 of the Electoral Amendment Act 2002 (2002 No 1).

Section 146G(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 146G(1)(c): amended, on 20 December 2025, by section 79 of the Electoral Amendment Act 2025 (2025 No 82).

Section 146G(1)(c): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 146G(1)(da): repealed, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

Section 146G(1)(e): amended, on 20 December 2025, by section 79 of the Electoral Amendment Act 2025 (2025 No 82).

Section 146G(2): replaced, on 20 December 2025, by section 90 of the Electoral Amendment Act 2025 (2025 No 82).

Section 146G(3): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 146G(3)(b): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 146G(4): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

146HAmendment of bulk nomination schedule

Section 146H: repealed, on 20 December 2025, by section 80 of the Electoral Amendment Act 2025 (2025 No 82).

146IWithdrawal of bulk nomination schedule1A secretary of a party may withdraw a bulk nomination schedule lodged by him or her under section 146D.2A bulk nomination schedule may be withdrawn under subsection (1) by notice, on a form provided by the Electoral Commission, signed by the secretary of the party and witnessed by a Justice of the Peace or a solicitor.3The withdrawal of a bulk nomination schedule has no effect unless the withdrawal is lodged with the Electoral Commission, by hand, post, or electronically, by noon on nomination day.4If the secretary of a party withdraws a bulk nomination schedule under subsection (1), any notification given by that party under section 146B(1) automatically ceases to be in force, unless—

athe form on which the withdrawal is made expressly states that the party intends to lodge another bulk nomination schedule; or

bat the time of lodging the withdrawal, the party secretary lodges another bulk nomination schedule in accordance with section 146D.

5If a bulk nomination schedule is withdrawn under subsection (1), the party secretary may lodge another bulk nomination schedule in accordance with section 146D.6If a bulk nomination schedule is withdrawn under subsection (1), the deposit paid under section 146F must be returned to the party secretary, unless the party secretary submits another bulk nomination schedule in accordance with section 146D.

Section 146I: inserted, on 28 February 2002, by section 57 of the Electoral Amendment Act 2002 (2002 No 1).

Section 146I(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 146I(3): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 146I(3): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

146JWithdrawal of nomination in bulk nomination schedule1A constituency candidate nominated in a bulk nomination schedule or in accordance with section 146K may, by giving signed notice, withdraw his or her nomination.1AThe notice must—

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

bbe witnessed as specified in the form.

2No withdrawal of nomination under subsection (1) has any effect unless it is lodged with the Electoral Commission not later than noon on nomination day.3If a candidate for election for an electoral district withdraws his or her nomination under subsection (1), the amount of the deposit paid under section 146F(1) in respect of that candidate must be returned to the party secretary, unless another candidate for election for that electoral district is nominated under section 146K.

Section 146J:

inserted, on 28 February 2002, by section 57 of the Electoral Amendment Act 2002 (2002 No 1).

Section 146J(1): replaced, on 21 March 2017, by section 73 of the Electoral Amendment Act 2017 (2017 No 9).

Section 146J(1A): inserted, on 21 March 2017, by section 73 of the Electoral Amendment Act 2017 (2017 No 9).

Section 146J(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

146KReplacement nomination if earlier nomination withdrawn or lapses1If a candidate for election for an electoral district withdraws his or her nomination under section 146J, or the nomination of a constituency candidate nominated in a bulk nomination schedule is required by section 152 or section 152A(3) to be treated as if it had not been made, the secretary of the party may nominate another candidate for election for that electoral district in the following manner:

awritten notice of the nomination must be lodged with the Electoral Commission, by hand, post, or electronically, not later than noon on nomination day:

bthe requirements set out in subsections (1) to (3) of section 146E apply in relation to a notice under this section as if the nomination were made in a bulk nomination schedule:

cthe secretary of the party must lodge with the Electoral Commission, by noon on nomination day, a deposit (in cash or in the form of direct credit to a bank account nominated by the Electoral Commission) of the amount payable under section 146F(1) for a constituency candidate nominated in a bulk nomination schedule, unless the Electoral Commission holds the amount of the deposit paid under section 146F(1) in respect of the candidate whose nomination was withdrawn or (as the case may be) who died or became incapacitated.

2Sections 146F(3) and (4) and 146G apply in relation to a nomination lodged under this section as if the nomination had been included in a bulk nomination schedule.

Section 146K: inserted, on 28 February 2002, by section 57 of the Electoral Amendment Act 2002 (2002 No 1).

Section 146K(1)(a): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 146K(1)(a): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 146K(1)(c): amended, on 1 January 2023, by section 35 of the Electoral Amendment Act 2022 (2022 No 80).

Section 146K(1)(c): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 146K(2): replaced, on 20 December 2025, by section 81 of the Electoral Amendment Act 2025 (2025 No 82).

146LInspection of bulk nomination schedules and consents to nomination

Section 146L: repealed, on 20 December 2025, by section 91 of the Electoral Amendment Act 2025 (2025 No 82).

Advertisements147Advertisement of nomination and polling places12After the close of nominations, the Electoral Commission must immediately notify to every Returning Officer—

athe names of the constituency candidates who have been nominated for each district in which a poll is required to be taken and who have not withdrawn their nominations; and

bthe party affiliations (if any) of the candidates referred to in paragraph (a), and copies of the party logos (if any) submitted in accordance with section 146E(4) in respect of those candidates; and

cthe names of the political parties that have submitted lists in accordance with section 127 and the party logos (if any) submitted in accordance with subsections (7) and (8) of that section in respect of those parties; and

dthe names of the candidates on the lists referred to in paragraph (c) or, where the names of more than 120 candidates are included on any such list, the first 120 of those names.

3The Electoral Commission—

amust publish the nomination and polling place information on an Internet site administered by the Electoral Commission; and

bmay also, by any other means it considers appropriate, provide registered electors for the district with the nomination and polling place information.

4In this section, the nomination and polling place information, in relation to a district, means—

athe names of constituency candidates contesting the district and their party affiliations (if any); and

bthe name of each political party that submitted a list in accordance with section 127 and, under the name of each political party, the names of the political party’s list candidates in the political party’s order of preference (up to a maximum of 120 candidates); and

cthe polling places for the district; and

dthe polling places in the district that have suitable access for persons who are physically disabled.

Section 147: substituted, on 6 December 1995, by section 40 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 147(1): repealed, on 20 December 2025, by section 92(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 147(2): amended, on 20 December 2025, by section 92(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 147(2): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 147(2)(b): amended, on 21 March 2017, by section 74(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 147(2)(b): amended, on 28 February 2002, by section 58(b) of the Electoral Amendment Act 2002 (2002 No 1).

Section 147(2)(d): amended, on 20 December 2025, by section 92(3) of the Electoral Amendment Act 2025 (2025 No 82).

Section 147(3): replaced, on 21 March 2017, by section 74(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 147(4): replaced, on 21 March 2017, by section 74(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 147(4)(b): amended, on 20 December 2025, by section 92(3) of the Electoral Amendment Act 2025 (2025 No 82).

Section 147(5): repealed, on 21 March 2017, by section 74(3) of the Electoral Amendment Act 2017 (2017 No 9).

Uncontested elections148Procedure where election not contested1If—

aonly 1 constituency candidate is nominated in a district; or

bany constituency candidate who has been nominated duly withdraws his or her nomination and there remains only 1 constituency candidate,—

the Electoral Commission must, in accordance with section 179(2), declare the constituency candidate to be duly elected.2The name of the person so elected must be endorsed on the writ by an Electoral Commissioner on behalf of the Electoral Commission, and the writ must be returned to the Clerk of the House of Representatives in accordance with section 185.

Section 148: substituted, on 28 February 2002, by section 59 of the Electoral Amendment Act 2002 (2002 No 1).

Section 148(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 148(2): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Elections149Poll to be takenA poll shall be taken by secret ballot at the several polling places of the district on polling day.1956 No 107 s 86150Form of ballot papers1Subject to subsection (18), the ballot papers to be used at any election shall be in form 11.2Forthwith after nomination day for an election, the Electoral Commission must cause ballot papers to be printed in sufficient numbers for the election.3Subject to subsection (4), each ballot paper in form 11 shall comprise 2 votes, namely, a party vote and an electorate vote.4If only 1 constituency candidate is nominated or if the withdrawal of 1 or more nominations results in a declaration under section 148, the part of the ballot paper that relates to the electorate vote shall not be printed and the ballot paper shall thereafter be treated as if it comprised only the party vote.5If more than 1 constituency candidate is nominated, and a sufficient number of constituency candidates do not withdraw their nominations so as to leave only 1 constituency candidate, the part of the ballot paper relating to the electorate vote shall contain a list of all the persons nominated as constituency candidates who have not withdrawn their nominations (which list shall be arranged in the manner prescribed by this section).6On the part of the ballot paper relating to the electorate vote—

athe names of the constituency candidates shall be arranged alphabetically in order of their surnames:

bthe other names of each constituency candidate that are required to appear on the ballot paper shall follow the candidate’s surname:

cthe surnames of the constituency candidates shall (except in the case of a special ballot paper that is not fully printed) be in large characters and bold type:

dthe name of the political party of the constituency candidate, if any,—

ishall be shown immediately below the candidate’s name; and

iishall be in characters that are smaller than those used for the surname of the constituency candidate; and

iiishall not be in bold type:

esuch other matter (if any) as may be necessary to distinguish the names of the constituency candidates shall be shown.

7A constituency candidate (other than an independent candidate) who seeks election shall not use the name of any political party that contested the last general election or any by-election held since the last general election unless that political party has endorsed that candidate as one of its candidates.8No constituency candidate who seeks election as an independent candidate shall use the name of any political party that contested the last general election or any by-election held since the last general election but shall have the word INDEPENDENT, without further qualification or addition, shown on the ballot paper immediately below that candidate’s name.9On the part of the ballot paper relating to the party vote the name of each political party that has submitted a list in accordance with section 127 (not being a political party that has submitted a list that has been rejected under section 128) shall be shown.10The names of the political parties that, pursuant to subsection (9), are required to be shown on the part of the ballot paper that relates to the party vote, shall be arranged so that—

awhere the name of any such political party is shown, immediately below the name of a constituency candidate whose name appears on the part of the ballot paper that relates to the electorate vote, the name of that political party shall be shown on the part of the ballot paper that relates to the party vote in a box that is aligned with the box that contains, on the part of the ballot paper that relates to the electorate vote, the name of that constituency candidate and the name of that political party; and

bwhere the names of any such political parties are not shown on the part of the ballot paper that relates to the electorate vote, the names of those political parties shall be shown in alphabetical order on the part of the ballot paper that relates to the party vote, with each such name being placed after the names of the political parties shown on that part of the ballot paper under paragraph (a) and in a box that is aligned with an empty box on the part of the ballot paper that relates to the electorate vote.

11Subject to subsections (6)(e), (12)(b), and (13)(b), no other identification, such as an occupation, title, honour, or degree shall be included on the ballot paper in relation to any candidate’s name or political party.12On the part of the ballot paper that relates to the party vote,—

aa circle shall be shown on the ballot paper to the right of the name of each political party; and

bthe party’s logo, if registered by the Electoral Commission and submitted to the Electoral Commission for inclusion on the ballot paper, shall be shown to the left of the name of the political party.

13On the part of the ballot paper that relates to the electorate vote,—

aa circle shall be shown on the ballot paper to the left of each candidate’s name; and

bthe party’s logo, if registered by the Electoral Commission and submitted to the Electoral Commission in accordance with subsections (7) and (8) of section 127 or in accordance with subsections (4) and (5) of section 146E for inclusion on the ballot paper, shall be shown to the right of the name of the candidate.

14Every ballot paper shall have a counterfoil in form 13.15There shall also be printed (in a form that is readable either with or without the aid of technology)—

aon the ballot paper; and

bin the space provided in the counterfoil attached to the ballot paper,—

a number (called a consecutive number) beginning with the number 1 in the case of the first ballot paper printed, and on all succeeding ballot papers printed the numbers shall be consecutive so that no 2 ballot papers for the district shall bear the same number.16Where any question arises concerning the order or manner in which the names of the constituency candidates or the names of the political parties are to be shown on the ballot paper, the Electoral Commission must decide the question.17At any by-election no ballot paper shall contain more than 1 part and the provisions of subsections (3), (9), (10), and (12) shall not apply.18Every ballot paper used at a by-election shall be in form 12.19Where the name or names given by a candidate as the name or names to be used on the ballot paper are too long to fit on the ballot paper, the Electoral Commission may abbreviate the name or names to be shown in such manner as will enable them to fit on the ballot paper.

Section 150: substituted, on 6 December 1995, by section 41 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 150(2): amended, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 150(12)(b): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 150(13)(b): amended, on 21 March 2017, by section 75 of the Electoral Amendment Act 2017 (2017 No 9).

Section 150(13)(b): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 150(13)(b): amended, on 28 February 2002, by section 60(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 150(15): amended, on 28 February 2002, by section 60(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 150(16): amended, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 150(19): amended, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

151Name of political party for constituency candidates1If the name of the constituency candidate’s political party is shown on a nomination paper or consent to nomination, the Electoral Commission may require the candidate to produce sufficient evidence to satisfy the Electoral Commission of the candidate’s eligibility to claim that accreditation.2If the Electoral Commission considers that the name of the constituency candidate’s political party shown on the candidate’s nomination paper or consent to nomination is indecent or offensive or excessively long or likely to cause confusion to or mislead electors, the Electoral Commission—

amust, after consultation with the candidate, show on the ballot paper as the name of the candidate’s political party such name as the Electoral Commission and the candidate agree in place of that shown on the nomination paper or consent to nomination; or

bmust not show any name on the ballot papers as the name of the candidate’s political party if after consultation the Electoral Commission and the candidate cannot agree, or if consultation is not reasonably practicable.

Section 151: replaced, on 20 December 2025, by section 93 of the Electoral Amendment Act 2025 (2025 No 82).

Death or incapacity of candidate

Heading: substituted, on 28 February 2002, by section 61 of the Electoral Amendment Act 2002 (2002 No 1).

151AInterpretationFor the purposes of sections 152A to 153H, a candidate is incapacitated if the Electoral Commission is satisfied that, because the candidate is suffering from a serious illness or has sustained a serious injury,—

aif section 152A applies, the candidate is unable to personally withdraw his or her nomination; and

bin any case, the candidate, if elected, would be unlikely to be capable of taking the Oath of Allegiance as a member of Parliament on the 61st day after writ day.

Section 151A: inserted, on 28 February 2002, by section 61 of the Electoral Amendment Act 2002 (2002 No 1).

Section 151A: amended, on 20 December 2025, by section 94 of the Electoral Amendment Act 2025 (2025 No 82).

Section 151A: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 151A(b): amended, on 11 March 2020, by section 12 of the Electoral Amendment Act 2020 (2020 No 2).

152Death before close of nominations1If a constituency candidate who has been nominated and has not withdrawn his or her nomination dies before the close of nominations,—

ahis or her nomination is to be treated in all respects as if it had not been made; and

bhis or her deposit must be returned to his or her personal representatives or, as the case may be, to the person who paid it.

2Subsection (3) applies if the candidate dies on nomination day before noon, or on any of the 3 days immediately before nomination day.3If this subsection applies, then, once the Electoral Commission is satisfied of the fact of death,—

athe time for the close of nominations in that district is postponed until noon on the fourth day after the date of the candidate’s death; and

bthe Electoral Commission must immediately give public notice of the fact that the close of nominations in that district has been postponed and of the new time for the close of nominations.

Section 152: substituted, on 28 February 2002, by section 61 of the Electoral Amendment Act 2002 (2002 No 1).

Section 152(3): amended, on 20 December 2025, by section 95(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 152(3)(b): amended, on 20 December 2025, by section 95(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 152(4): repealed, on 20 December 2025, by section 95(2) of the Electoral Amendment Act 2025 (2025 No 82).

152AIncapacity of candidate before close of nominations1If a constituency candidate who has been nominated and has not withdrawn his or her nomination becomes incapacitated before the close of nominations, an application may be made for the cancellation of the nomination.2Section 152B sets out how an application under subsection (1) must be made, and section 152C sets out how it is to be dealt with.3If the Electoral Commission cancels the nomination in accordance with section 152C(3),—

athe candidate’s nomination is to be treated in all respects as if it had not been made; and

bthe candidate’s deposit must be returned to the candidate or, as the case may be, to the person who paid it.

4If the candidate’s nomination is cancelled on nomination day, or on any of the 3 days immediately before nomination day, then—

athe time for the close of nominations in the district is postponed until noon on the fourth day after the date on which the candidate’s nomination is cancelled; and

bthe Electoral Commission must immediately give public notice of the fact that the close of nominations in the district has been postponed and of the new time for the close of nominations.

Section 152A: inserted, on 28 February 2002, by section 61 of the Electoral Amendment Act 2002 (2002 No 1).

Section 152A(3): amended, on 20 December 2025, by section 96 of the Electoral Amendment Act 2025 (2025 No 82).

Section 152A(3): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 152A(4)(b): amended, on 20 December 2025, by section 96 of the Electoral Amendment Act 2025 (2025 No 82).

Section 152A(4)(b): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

152BProcedural provisions relating to making of application under section 152A(1)1An application under section 152A(1) must be made as follows:

aif the candidate was nominated under section 143,—

ithe application must be made by the 2 registered electors who nominated the candidate, or, if either or both of them are unavailable or unable to act for any reason, then by the candidate’s agent:

iithe application must be made to the Electoral Commission:

bif the candidate was nominated in a bulk nomination schedule or in accordance with section 146K,—

ithe application must be made by the secretary of the party:

iithe application must be made to the Electoral Commission.

2The application must be made on a form provided by the Electoral Commission, and must be witnessed by a Justice of the Peace or a solicitor.3The application must be accompanied by a certificate signed by a medical practitioner that certifies—

aas to the candidate’s condition; and

bthat, in the practitioner’s opinion, the candidate is incapacitated within the meaning of section 151A.

4The application—

amust be submitted to the Electoral Commission not later than 4 pm on nomination day; and

bmay be submitted by hand, post, or electronically.

Section 152B: inserted, on 28 February 2002, by section 61 of the Electoral Amendment Act 2002 (2002 No 1).

Section 152B(1)(a)(ii): amended, on 20 December 2025, by section 97(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 152B(1)(b)(ii): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 152B(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 152B(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 152B(4)(a): amended, on 20 December 2025, by section 97(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 152B(4)(a): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 152B(4)(b): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

152CHow application under section 152A to be dealt with1On receiving an application made under section 152A(1), the Electoral Commission must, without delay, determine whether or not the candidate became incapacitated before the close of nominations.2For the purpose of making a determination under subsection (1), the Electoral Commission may make any inquiries, and seek any assistance (including, without limitation, expert medical assistance), that the Electoral Commission considers necessary.3If, before midnight on nomination day, the Electoral Commission determines that the candidate became incapacitated before the close of nominations, the Electoral Commission must cancel the candidate’s nomination.4If the Electoral Commission has not made a determination under subsection (1) before midnight on nomination day, then—

asection 152A does not apply; and

bthe application is to be treated as if it were an application under section 153G(1), and is to be determined accordingly.

5As soon as practicable after making a determination under subsection (1), the Electoral Commission must inform the applicant or applicants of that determination.

Section 152C: inserted, on 28 February 2002, by section 61 of the Electoral Amendment Act 2002 (2002 No 1).

Section 152C(1): amended, on 20 December 2025, by section 98(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 152C(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 152C(2): amended, on 20 December 2025, by section 98(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 152C(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 152C(2): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 152C(3): amended, on 20 December 2025, by section 98(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 152C(3): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 152C(4): amended, on 20 December 2025, by section 98(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 152C(4): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 152C(5): amended, on 20 December 2025, by section 98(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 152C(5): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

153Death or incapacity of list candidate after submission of list1This section applies if a list candidate dies, or his or her nomination is cancelled on the grounds of incapacity, after the submission of the list and before the declaration required by section 193(5).2If this section applies,—

athe poll must proceed; and

bthe list must be treated subsequently as if the candidate’s name had never been included on that list.

Section 153: substituted, on 28 February 2002, by section 61 of the Electoral Amendment Act 2002 (2002 No 1).

Section 153(1): amended, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

153ADeath or incapacity of constituency candidate after close of nominations and before polling day1This section applies if a constituency candidate dies, or his or her nomination is cancelled on the grounds of incapacity, after the close of nominations and before polling day.2If this section applies, then, once the Electoral Commission is satisfied that the candidate has died or, as the case requires, that the candidate’s nomination has been cancelled, the Electoral Commission must,—

ain the case of a general election,—

iissue a notice cancelling the poll for the election of a member of Parliament for the district; and

iiproceed to conduct the poll on the part of the ballot paper that relates to the party vote, which for these purposes is to be treated as if it were the only part of the ballot paper; and this Part applies with any necessary modifications; and

bin the case of a by-election, issue a notice cancelling the poll.

3After a notice has been issued under subsection (2)(a)(i) or (b), an Electoral Commissioner must, on behalf of the Electoral Commission, endorse on the writ—

athe name of the candidate whose death or whose incapacity resulted in the cancellation of the poll for the election of a member of Parliament for the district concerned; and

bthe date of the notice by which the poll was cancelled; and

cthe date on which the candidate died or, as the case requires, the date on which the candidate’s incapacity was determined.

Section 153A: inserted, on 28 February 2002, by section 61 of the Electoral Amendment Act 2002 (2002 No 1).

Section 153A(2): replaced, on 20 December 2025, by section 99(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 153A(3): amended, on 20 December 2025, by section 99(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 153A(3): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

153BDeath or incapacity of constituency candidate on polling day1This section applies if a constituency candidate dies, or his or her nomination is cancelled on the grounds of incapacity, on polling day before the close of the poll.2If this section applies, then once the Electoral Commission is satisfied that the candidate has died or, as the case requires, that the candidate’s nomination has been cancelled, the Electoral Commission must,—

ain the case of a general election,—

iimmediately close the part of the poll that is based on electorate votes and declare that part of the poll to be of no effect; and

bin the case of a by-election, immediately close the poll.

3After a poll has been closed under subsection (2)(a)(i) or (b), an Electoral Commissioner must, on behalf of the Electoral Commission, endorse on the writ—

athe name of the candidate whose death or whose incapacity resulted in the closure of the poll for the election of a member of Parliament for the district concerned; and

bthe time of that closure; and

cthe date on which the candidate died or, as the case requires, the date on which the candidate’s incapacity was determined.

Section 153B: inserted, on 28 February 2002, by section 61 of the Electoral Amendment Act 2002 (2002 No 1).

Section 153B(2): amended, on 20 December 2025, by section 100(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 153B(2)(c): repealed, on 20 December 2025, by section 100(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 153B(3): amended, on 20 December 2025, by section 100(3) of the Electoral Amendment Act 2025 (2025 No 82).

Section 153B(3): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

153CDeath or incapacity of successful constituency candidate after close of poll and before declaration of result1This section applies if—

aa constituency candidate dies, or his or her nomination is cancelled on the grounds of incapacity, after the close of the poll and before the declaration of the result of the poll; and

bit is found on the completion of the count of votes or on a recount that the candidate, if still living or if not incapacitated, would have been elected.

23Once the Electoral Commission is satisfied that the candidate has died or that the candidate’s nomination has been cancelled on the grounds of incapacity, an Electoral Commissioner must, on behalf of the Electoral Commission, endorse on the writ—

athe name of the candidate; and

bthat the candidate would, if still living or if not incapacitated, have been elected as the member of Parliament for the district concerned; and

cthe date on which the candidate died or, as the case requires, the date on which the candidate’s incapacity was determined.

Section 153C: inserted, on 28 February 2002, by section 61 of the Electoral Amendment Act 2002 (2002 No 1).

Section 153C(2): repealed, on 20 December 2025, by section 101(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 153C(3): amended, on 20 December 2025, by section 101(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 153C(3): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

153DApplication of equality of votes provisions if constituency candidate dies or becomes incapacitated after close of pollThe provisions of this Act as to an equality of votes between constituency candidates apply even though, after the close of the poll, one of those candidates dies or the nomination of one of those candidates is cancelled on the grounds of incapacity.

Section 153D: inserted, on 28 February 2002, by section 61 of the Electoral Amendment Act 2002 (2002 No 1).

153ENew election to be held if writ vacated1Immediately after an Electoral Commissioner has endorsed the writ in accordance with section 153A or section 153B or section 153C, the Electoral Commission must notify the Governor-General of the need for a fresh election because of the death or the incapacity of the candidate concerned.2On receiving notification under subsection (1), the Governor-General must, without delay, issue a writ for a fresh election in that district, and that election must be conducted as if it were a by-election unless this Act provides otherwise.3The main roll and supplementary rolls which were to be used at the election which has failed must be used at the new election without any amendment or addition.4Any candidate who, at the time of the cancellation or closure of the poll, was a duly nominated candidate does not need to be nominated again, but the candidate may withdraw his or her nomination before the time appointed for the close of nominations for the new election.5All appointments of polling places made in respect of the election that has failed continue in respect of the new election.

Section 153E: inserted, on 28 February 2002, by section 61 of the Electoral Amendment Act 2002 (2002 No 1).

Section 153E(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 153E(1): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

153FDestruction of ballot papers if by-election interrupted1This section applies if, in the case of a by-election, the poll is interrupted as a result of the death of a constituency candidate or the cancellation of the nomination of a constituency candidate on the grounds of incapacity.2If this section applies,—

aall ballot papers that have been placed in ballot boxes must be taken out by the managers of polling places and made up into secured packages; and

bthose packages must be sent, unopened, to the Electoral Commission; and

cthe Electoral Commission must immediately destroy those packages in the presence of a District Court Judge or a Justice of the Peace.

Section 153F: inserted, on 28 February 2002, by section 61 of the Electoral Amendment Act 2002 (2002 No 1).

Section 153F(2)(b): amended, on 20 December 2025, by section 102 of the Electoral Amendment Act 2025 (2025 No 82).

Section 153F(2)(c): amended, on 20 December 2025, by section 102 of the Electoral Amendment Act 2025 (2025 No 82).

153GApplication for cancellation of nomination if candidate incapacitated after close of nominations1An application may be made for the cancellation of the nomination of a candidate if,—

ain the case of a candidate whose name is included on a list submitted under section 127, the candidate becomes incapacitated after the submission of the list and before the declaration required by section 193(5):

bin the case of a constituency candidate, the candidate becomes incapacitated after the close of nominations and before the declaration of the result of the poll.

2An application under subsection (1) must be made as follows:

aif the candidate was nominated under section 143,—

ithe application must be made by the 2 registered electors who nominated the candidate or, if either or both of them are unavailable or unable to act for any reason, then by the candidate’s agent:

iithe application must be made to the Electoral Commission:

bif the candidate was nominated in a bulk nomination schedule or in accordance with section 146K, or is a candidate whose name is included on a list submitted under section 127,—

ithe application must be made by the secretary of the party:

iithe application must be made to the Electoral Commission.

3The application must be made on a form provided by the Electoral Commission, and must be witnessed by a Justice of the Peace or a solicitor.4The application must be accompanied by a certificate signed by a medical practitioner that certifies—

aas to the candidate’s condition; and

bthat, in the practitioner’s opinion, the candidate is incapacitated within the meaning of section 151A.

5The application—

amust be submitted to the Electoral Commission—

ias soon as practicable after the candidate becomes incapacitated; and

iibefore the declaration of the result of the poll; and

bmay be submitted by hand, post, or electronically.

Section 153G: inserted, on 28 February 2002, by section 61 of the Electoral Amendment Act 2002 (2002 No 1).

Section 153G(2)(a)(ii): amended, on 20 December 2025, by section 103(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 153G(2)(b)(ii): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 153G(3): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 153G(4): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 153G(5)(a): amended, on 20 December 2025, by section 103(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 153G(5)(a): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 153G(5)(b): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

153HHow application under section 153G to be dealt with1On receiving an application made under subsection (1) of section 153G, the Electoral Commission must, without delay, determine whether or not the candidate became incapacitated in the circumstances set out in that subsection.2For the purpose of making a determination under subsection (1), the Electoral Commission may make any inquiries, and seek any assistance (including, without limitation, expert medical assistance), that the Electoral Commission considers necessary.3If, before the declaration of the result of the poll, the Electoral Commission determines that the candidate became incapacitated in the circumstances set out in section 153G(1), the Electoral Commission must cancel the candidate’s nomination.4If the Electoral Commission has not made a determination under subsection (1) before the declaration of the result of the poll, the application is to be treated as having been declined.5As soon as practicable after making a determination under subsection (1), the Electoral Commission must inform the applicant or applicants of that determination.

Section 153H: inserted, on 28 February 2002, by section 61 of the Electoral Amendment Act 2002 (2002 No 1).

Section 153H(1): amended, on 20 December 2025, by section 104(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 153H(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 153H(2): amended, on 20 December 2025, by section 104(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 153H(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 153H(2): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 153H(3): amended, on 20 December 2025, by section 104(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 153H(3): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 153H(4): amended, on 20 December 2025, by section 104(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 153H(4): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 153H(5): amended, on 20 December 2025, by section 104(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 153H(5): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Candidates’ meetings154Use of public schoolrooms for election meetings1Any candidate at an election may, for the purpose of holding public meetings of electors for electoral purposes during the period of an election, use free of charge, other than the cost of lighting and heating, and of cleaning after use, and of repairing any damage done, any suitable room in any public primary school or intermediate school or secondary school after the ordinary school hours, subject to the following provisions:

a3 days’ notice of the proposed public meeting shall be given to the governing body of the school:

bthe use of the school shall be granted in the order of receipt of applications by or on behalf of the candidates:

cno candidate shall have the use of the same room on a second occasion if any other candidate who has not before used it desires to make use of it at the same time under this section.

2If it is proved that any such meeting was not a public meeting within the meaning of this section, the person by whom and the candidate on whose behalf the meeting was convened shall each be liable on conviction to a fine not exceeding $1,000.3For the purposes of this section, the term candidate means—

aany person who has declared his or her intention of becoming a candidate either by advertisement in a newspaper, or by circular, or by announcement at a public meeting, or by duly consenting to nomination, but does not include a candidate who has withdrawn his or her nomination; or

bany person whose name has been included in a list submitted under section 127.

1956 No 107 s 90; 1975 No 28 s 35(1)(a); 1990 No 1 s 42(1), (2)

Section 154(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Scrutineers

Heading: inserted, on 20 December 2025, by section 106 of the Electoral Amendment Act 2025 (2025 No 82).

154AAppointment of scrutineers1A person may be appointed as a scrutineer under section 160, 172, 174F, 175, or 183, or any regulations made under this Act, if that person is not—

aa member of Parliament; or

ba candidate.

2Before acting, a scrutineer must declare that they will comply with section 203.3The declaration must—

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

bbe witnessed as specified in the form.

Section 154A: inserted, on 20 December 2025, by section 106 of the Electoral Amendment Act 2025 (2025 No 82).

Polling at elections155Power to appoint polling places1In respect of each election, the Electoral Commission may from time to time, subject to subsections (2) to (4), appoint polling places for any district, and may revoke, alter, or add to any such appointment.2The polling places appointed for any district may include polling places that are not within the limits of that district.34At least 12 polling places within the limits of each district shall have access that is suitable for persons who are physically disabled.5The Electoral Commission may make the details of every appointment, revocation, alteration, or addition publicly available by any means that the Electoral Commission considers appropriate.6Subsection (5) does not limit section 147.1956 No 107 s 91; 1990 No 1 s 43(1)

Section 155(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 155(1): amended, on 28 February 2002, by section 62(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 155(3): repealed, on 11 March 2020, by section 13 of the Electoral Amendment Act 2020 (2020 No 2).

Section 155(4): amended, on 6 December 1995, by section 43(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 155(5): substituted, on 28 February 2002, by section 62(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 155(5): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 155(6): added, on 28 February 2002, by section 62(2) of the Electoral Amendment Act 2002 (2002 No 1).

155AUse of licensed premises as polling places1Any licensed premises may be appointed as a polling place under section 155, but only if—

aalcohol will not be available for sale, supply, or consumption in that part of the licensed premises where voting papers are issued; and

bthat part of the licensed premises where voting papers are issued may be accessed without passing through any other part of the licensed premises in which alcohol is being consumed.

2In this section, alcohol and licensed premises have the same meanings as in section 5(1) of the Sale and Supply of Alcohol Act 2012.Commonwealth Electoral Act 1918 (Aust) s 205

Section 155A: inserted, on 11 March 2020, by section 14 of the Electoral Amendment Act 2020 (2020 No 2).

156Use of public schools as polling places1Any public primary school or intermediate school or secondary school may be appointed to be a polling place under section 155, and in every such case it shall be the duty of the governing body of the school to place it at the free disposal of the Returning Officer from 4 pm on the day before polling day and for the whole of polling day.2The cost of cleaning any part of a school used as a polling place, the cost of lighting and heating used on polling day, and the cost of repairing any damage arising from the use of a school as a polling place, shall be defrayed by the Returning Officer out of money to be appropriated by Parliament.1956 No 107 s 91A; 1990 No 1 s 43(1)157Materials for polling places1The Returning Officer must ensure that each polling place has the following things for the purposes of the poll:

a1 or more inner compartments to enable voters to vote in secret:

bin each inner compartment, suitable facilities for the marking of ballot papers:

c1 or more ballot boxes:

d1 or more copies (in printed or electronic form and as supplied under section 123) of the main roll and supplementary rolls for the district:

ea sufficient number of ballot papers.

2The Returning Officer must ensure that there is displayed prominently in every polling place either—

athe name of each political party that submitted a list in accordance with section 127 and, under the name of each political party, the names of the political party’s list candidates in the political party’s order of preference (up to a maximum of 120 candidates); or

bcopies of the information published under section 147(3)(a).

Section 157: substituted, on 28 February 2002, by section 63 of the Electoral Amendment Act 2002 (2002 No 1).

Section 157(1)(d): amended, on 21 March 2017, by section 77(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 157(2)(a): amended, on 20 December 2025, by section 105 of the Electoral Amendment Act 2025 (2025 No 82).

Section 157(2)(b): amended, on 21 March 2017, by section 77(2) of the Electoral Amendment Act 2017 (2017 No 9).

158Appointment of polling place officials1The Returning Officer must, for each polling place, appoint in writing as many polling place officials as the Returning Officer thinks are required for the conduct of the poll, and the preliminary count of votes, at that place.2The Returning Officer must, in relation to each polling place, designate, by notice in writing, one of the polling place officials as the manager of the place.3The Returning Officer may, in relation to each polling place,—

aauthorise in writing 1 or more polling place officials to issue ballot papers at the place; and

bdesignate in writing 1 or more of the polling place officials as interpreters; and

cauthorise in writing or, if the appointment is made on polling day, orally, any person to act for the manager of the polling place in case of the manager’s absence.

4The Returning Officer for an electoral district may delegate his or her duties and powers under subsections (1) to (3) to a Returning Officer for another electoral district.5The

Public Service Act 2020

does not apply to a person appointed under this section.

Section 158: substituted, on 28 February 2002, by section 63 of the Electoral Amendment Act 2002 (2002 No 1).

Section 158(5): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

158APolling place officials under direction of Electoral Commission and Returning Officer1The Electoral Commission and the Returning Officer may each give oral or written directions to all or any polling place officials.2Every polling place official must exercise or perform his or her powers, duties, and functions in accordance with any directions given by the Electoral Commission or the Returning Officer.

Section 158A: inserted, on 28 February 2002, by section 63 of the Electoral Amendment Act 2002 (2002 No 1).

Section 158A heading: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 158A(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 158A(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

159Exercise of powers and duties of polling place officials1The Returning Officer may exercise in person all the powers, duties, and functions of a manager of a polling place.2A person authorised under section 158(3)(c) has, while acting for a manager of a polling place, all the powers, duties, and functions of the manager.3Every polling place official must, before being allowed to act, declare that he or she will comply with section 203.3AThe declaration must—

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

bbe witnessed as specified in the form.

Section 159: substituted, on 28 February 2002, by section 63 of the Electoral Amendment Act 2002 (2002 No 1).

Section 159(3): replaced, on 21 March 2017, by section 78 of the Electoral Amendment Act 2017 (2017 No 9).

Section 159(3A): inserted, on 21 March 2017, by section 78 of the Electoral Amendment Act 2017 (2017 No 9).

159AInterpreters1Whenever the Returning Officer designates polling place officials as interpreters, the Returning Officer must, at the request of a candidate, give the candidate the names of the interpreters.2Regulations made under section 267 may prescribe procedures governing the use of interpreters.

Section 159A: inserted, on 28 February 2002, by section 63 of the Electoral Amendment Act 2002 (2002 No 1).

160Scrutineers for polling places1Each constituency candidate may appoint 1 or more scrutineers for each polling place at any election.2If, at an election in a district, no constituency candidate is standing for a political party that is listed in the part of the ballot paper that relates to the party vote, the secretary of the party may appoint 1 or more scrutineers for each polling place in the district.3Every appointment of a scrutineer—

amust be in writing; and

bmust be signed by the constituency candidate or, as the case requires, the secretary of the party.

44A5The number of scrutineers for a candidate or for a political party who may be present in a polling place may not exceed the number of issuing officers designated for the polling place.6A scrutineer may at any time during the hours of polling leave and re-enter the polling place for which he or she is appointed.7Nothing in this Act renders it unlawful for a scrutineer to communicate to a person information as to the names of persons who have voted.8In this section, polling place includes an advance polling place.

Section 160: substituted, on 28 February 2002, by section 63 of the Electoral Amendment Act 2002 (2002 No 1).

Section 160 heading: replaced, on 20 December 2025, by section 107(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 160(4): repealed, on 20 December 2025, by section 107(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 160(4A): repealed, on 20 December 2025, by section 107(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 160(8): replaced, on 20 December 2025, by section 107(3) of the Electoral Amendment Act 2025 (2025 No 82).

161Hours of polling1The poll at every election shall commence at 9 am on polling day, and, except as otherwise provided in this Act, shall finally close at 7 pm on the same day.2Every elector who at the close of the poll is present in a polling place for the purpose of voting shall be entitled to receive a ballot paper and to mark and deposit it in the same manner as if he or she had voted before the close of the poll.1956 No 107 s 96

Section 161(2): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

162Employees to have time off to vote1Subject to the provisions of this section, on the polling day at any election every employer shall allow every worker in his or her employment who is an elector of any electoral district in which the election is being held, and who has not had a reasonable opportunity of voting before commencing work, to leave his or her work for the purpose of voting not later than 3 o’clock in the afternoon for the remainder of the day, and it shall not be lawful for any employer to make any deduction from any remuneration payable to any such worker in respect of any time after the time of his or her leaving his or her work as aforesaid.2Where any such worker is required to work after 3 o’clock in the afternoon of polling day for the purpose of carrying on any essential work or service, his or her employer shall on that day allow the worker to leave his or her work for a reasonable time for the purpose of voting, and it shall not be lawful for the employer to make any deduction from any remuneration payable to the worker in respect of any time, not exceeding 2 hours, occupied in voting as aforesaid.3Every person commits an offence and shall be liable on conviction to a fine not exceeding $1,000 who contravenes subsection (1) or subsection (2).4Every master of a ship that happens to be in any port in New Zealand at the time of any general election or by-election in any district, at the request of any of the crew being registered or qualified to be registered as electors of that district, shall allow them to go ashore at a proper time to admit of their voting at the election; and every master who without reasonable cause commits any breach of this subsection shall be liable on conviction to a fine not exceeding $1,000.5For the purposes of this section,—

employer has the same meaning as in section 5 of the Employment Relations Act 2000

master, in relation to any ship, includes any person (except a pilot) having command or charge of the ship

worker has the same meaning as that given to employee in section 6 of the Employment Relations Act 2000.

6This section shall bind the Crown.1956 No 107 s 98; 1990 No 1 s 48(1)

Section 162(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 162(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 162(5)

employer: inserted, on 1 April 2004, by section 91(2) of the Holidays Act 2003 (2003 No 129).

Section 162(5)

employer and worker: repealed, on 1 April 2004, by section 91(2) of the Holidays Act 2003 (2003 No 129).

Section 162(5)

worker: added, on 1 April 2004, by section 91(2) of the Holidays Act 2003 (2003 No 129).

Voting163Ballot box to remain closed during poll1The manager of the polling place shall, before the opening of the poll, and in sight of any of the scrutineers present,—

asee that the ballot box is empty; and

bclose the ballot box; and

censure that the ballot box is sealed or locked in such a manner as to prevent it being opened without breaking the seal or lock.

2Subject to subsection (3), the ballot box, after being sealed or locked in accordance with subsection (1), shall not again be opened until after the close of the poll.3If the ballot box becomes full and no other ballot box is available, the manager of the polling place, in sight of any of the scrutineers present, may open the ballot box and compress the papers in it.4Where a ballot box is opened pursuant to subsection (3), the manager of the polling place shall, after compressing the papers and in sight of any of the scrutineers present,—

aclose the ballot box; and

bensure that the ballot box is sealed or locked in such a manner as to prevent it being opened without breaking the seal or lock.

5In this section, ballot box means a box in which ballot papers issued in accordance with section 167 are deposited.1956 No 107 s 101; 1990 No 1 s 51

Section 163(1): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 163(3): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 163(4): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 163(5): inserted, on 11 March 2020, by section 15 of the Electoral Amendment Act 2020 (2020 No 2).

164Persons not to remain in polling placesNo person not actually engaged in voting may remain in a polling place other than the following:

athe Returning Officer:

bpolling place officials:

cscrutineers:

dany other person with the permission of the Returning Officer.

Section 164: substituted, on 28 February 2002, by section 64 of the Electoral Amendment Act 2002 (2002 No 1).

165Voters not to be communicated with in polling place1No person other than an electoral official may communicate with a voter in a polling place, either before or after the voter has voted.1AAn electoral official (with an interpreter if necessary) may ask only the questions the electoral official is authorised to put and give any general directions that may assist any voter, and in particular may, on request, inform a voter orally of the names of—

aall the constituency candidates in alphabetical order with their party designations; and

ball the parties in alphabetical order who have submitted a party list, and the names of the candidates on each list in the order of preference submitted by the party in accordance with section 127.

2Every person who offends against this section shall be liable on conviction to a fine not exceeding $400 and may at once be removed from the polling place by order of the manager.1956 No 107 s 103; 1990 No 1 s 53(1)

Section 165 heading: amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 165(1): replaced, on 1 January 2023, by section 36 of the Electoral Amendment Act 2022 (2022 No 80).

Section 165(1A): inserted, on 1 January 2023, by section 36 of the Electoral Amendment Act 2022 (2022 No 80).

Section 165(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 165(2): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

166Questions may be put to voters1The issuing officer may, and if so required by any scrutineer shall, before allowing any person to vote, put to that person the following questions:

aare you the person whose name appears as AB in the electoral roll now in force for the [name of district] Electoral District?

bhave you already voted at this election in this or any other electoral district?

2In every such case the issuing officer shall require the questions to be answered in writing signed by the person to whom they are put.3Every person to whom those questions are put who does not answer them, or does not answer the first in the affirmative and the second in the negative, shall be liable on conviction to a fine not exceeding $1,000, and shall be prohibited from voting then or afterwards at that election.4Every person who wilfully and knowingly makes a false answer to either of the questions that the issuing officer may put to that person under this section shall be liable on conviction to a fine not exceeding $1,000.1956 No 107 s 104; 1990 No 1 s 54(1)

Section 166(1): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 166(2): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 166(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 166(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 166(4): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

167Issue of ordinary ballot papers1Every issuing officer must, in accordance with this section, issue ballot papers to every elector who applies to vote.2An elector who applies to vote must—

averbally give or verbally confirm his or her name; and

bgive or confirm any other particulars that may be necessary to find the elector's name on the rolls.

2AIf an elector is unable to comply with the requirement in subsection (2)(a) because of an inability to understand English or because of a physical disability, the elector may comply with that requirement by—

agesture; or

bany other means with the assistance of a person nominated by the elector who is present with the elector.

3If the name of the elector is on the rolls, the issuing officer must—

amark the rolls (either manually or by electronic means) to indicate that the elector has applied to vote:

bif the consecutive number printed on the ballot paper can be read without the aid of technology, ensure that a piece of gummed paper is firmly fixed over the consecutive number on the ballot paper to conceal it effectively:

cwrite on the counterfoil of the ballot paper—

ithe issuing officer’s initials; and

iithe number of the page, and the number of the line, on which the elector’s name appears on the roll:

densure that the official mark of the issuing officer is placed on the ballot paper to indicate that it was issued by an authorised person:

eissue the ballot paper to the elector.

4Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, being an issuing officer, fails to comply with the requirements of this section.

Section 167: substituted, on 28 February 2002, by section 65(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 167(2): replaced, on 25 March 2014, by section 26 of the Electoral Amendment Act 2014 (2014 No 8).

Section 167(2A): inserted, on 25 March 2014, by section 26 of the Electoral Amendment Act 2014 (2014 No 8).

Section 167(3)(a): amended, on 21 March 2017, by section 80 of the Electoral Amendment Act 2017 (2017 No 9).

Section 167(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

168Method of voting1The voter, having received a ballot paper,—

ashall immediately retire into one of the inner compartments provided for the purpose; and

bshall there alone and secretly vote—

iby marking the party vote with a tick within the circle immediately after the name of the party for which the voter wishes to vote; and

iiby marking the electorate vote with a tick within the circle immediately before the name of the constituency candidate for whom the voter wishes to vote.

2Where the ballot paper comprises only a party vote or only an electorate vote, the provisions of subsection (3) shall apply instead of subsection (1).3The voter, having received a ballot paper,—

ashall immediately retire into one of the inner compartments provided for the purpose; and

bshall there alone and secretly vote either—

iby marking the party vote with a tick within the circle immediately after the name of the party by which the voter wishes to vote; or

iiby marking the electorate vote with a tick within the circle immediately before the name of the constituency candidate for whom the voter wishes to vote.

4Every voter shall, before leaving the inner compartment, fold the ballot paper so that the contents cannot be seen, and shall then deposit it so folded in the ballot box.5Nothing in this section limits the provisions of section 178(5)(a)(ii).

Section 168: substituted, on 6 December 1995, by section 46 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

169Spoilt ballot papers1Any voter who, not having deposited his or her ballot paper, in the ballot box, satisfies the issuing officer that the voter has spoilt it by inadvertence may be supplied with a fresh ballot paper, but only after the spoilt one has been returned to the issuing officer.2The issuing officer shall—

acancel every such spoilt ballot paper by writing across the face thereof the words Spoilt by voter, and a fresh ballot paper issued and writing his or her initials thereon:

bif any ballot paper is inadvertently spoilt by the issuing officer or any other official, cancel it by writing across the face thereof the words Spoilt by official and also the words and a fresh ballot paper issued if that is the case, and writing his or her initials thereon:

cretain all spoilt ballot papers in his or her possession until the close of the poll.

Section 169: substituted, on 6 December 1995, by section 47 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 169(1): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 169(2): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 169(2)(b): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

170Blind, disabled, or illiterate voters1Any elector who is wholly or partially blind, or (whether because of physical handicap or otherwise) is unable to read or write or has severe difficulty in reading or writing, or is not sufficiently familiar with the English language to vote without assistance, may vote in accordance with the provisions of this section.2At the request of any such voter, any person nominated by the voter, or, if no person is so nominated, the issuing officer, shall accompany the voter into one of the inner compartments provided for the marking of ballot papers, and the ballot paper may there be marked by the voter with the assistance of the person nominated or, as the case may be, of the issuing officer, or may be marked by the person nominated or, as the case may be, by the issuing officer in accordance with the instructions of the voter.3A voter to whom subsection (2) applies, whether or not he or she nominates a person for the purposes of that subsection, may nominate a person or another person, as the case may require, to inspect the ballot paper before it is deposited in the ballot box.4Any elector voting as a special voter may vote in the manner prescribed by this section, with any necessary modifications, or in any manner prescribed by regulations made under this Act.5Every person commits an offence, and shall be liable on conviction to a fine not exceeding $1,000, who, being a person who is present in accordance with this section or with any regulations when an elector votes, communicates at any time to any person any information obtained as to the constituency candidate or party for whom the voter is about to vote or has voted, or as to the number on the ballot paper given to the voter.6Regulations made under section 267 may make provision for electors who are wholly or partially blind to vote by means of devices that enable them to vote without assistance despite the fact that they are wholly or partially blind.1956 No 107 s 108(1), (2), (4)–(7); 1981 No 120 s 33(1)

Section 170(2): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 170(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 170(5): amended, on 6 December 1995, by section 48 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

171Procedure when second vote given in same nameIf any person proposing to vote at any election gives as his or her name the name of any person to whom a ballot paper has already been given at the same election, he or she shall be dealt with in all respects in like manner as any other voter:provided that the ballot paper of any such person shall not be deposited in the ballot box or allowed by the issuing officer, but shall be set aside for separate custody.1956 No 107 s 109

Section 171 proviso: amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 171 proviso: amended, on 6 December 1995, by section 49 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Advance voting

Heading: inserted, on 20 December 2025, by section 40 of the Electoral Amendment Act 2025 (2025 No 82).

171AVoting in advance of polling dayDuring the advance polling period for an election in any district, an advance voter may—

abe issued with—

ian ordinary ballot paper for the election under section 167 if the rolls can be marked (either manually or by electronic means) to indicate the person has applied to vote; or

iispecial vote ballot papers under section 172 in any other case; and

bvote at the election.

Section 171A: inserted, on 20 December 2025, by section 40 of the Electoral Amendment Act 2025 (2025 No 82).

171BAdvance polling periodThe advance polling period for an election in any district is the period of 12 consecutive days ending with the close of the day before polling day.

Section 171B: inserted, on 20 December 2025, by section 40 of the Electoral Amendment Act 2025 (2025 No 82).

171CAdvance polling period may be shortened or extended if unforeseen or unavoidable disruption occurs before commencement of advance polling period1This section applies if, before the commencement of the advance polling period, there is an unforeseen or unavoidable disruption in any electoral district or districts. 2The Chief Electoral Officer may direct that the advance polling period in the electoral district or districts be—

ashortened to fewer than 12 consecutive days before polling day; or

bextended to more than 12 consecutive days before polling day.

3Before making a direction under subsection (2), the Chief Electoral Officer must—

aconsult—

ithe Prime Minister; and

iithe Leader of the Opposition; and

iiiany person or organisation that in the Chief Electoral Officer’s opinion is able to give information about the scale and duration of the unforeseen or unavoidable disruption; and

bbe satisfied that the direction is necessary in all of the circumstances.

4The Chief Electoral Officer must, as soon as is reasonably practicable after making a direction under subsection (2), give public notice of the direction in any manner that the Chief Electoral Officer considers appropriate. 5In this section and section 171E, unforeseen or unavoidable disruption has the same meaning as that given in section 195 for sections 195A, 195B, and 195D.

Section 171C: inserted, on 20 December 2025, by section 40 of the Electoral Amendment Act 2025 (2025 No 82).

171DMatters Chief Electoral Officer must have regard to when exercising discretion under section 171CThe Chief Electoral Officer must have regard to the following matters when considering whether to exercise the discretion under section 171C:

athe need to ensure the safety of voters and electoral officials; and

bthe need to ensure that the election process is free from corrupt or illegal practices; and

cthe need to ensure that the election process is concluded in a timely and expeditious manner.

Section 171D: inserted, on 20 December 2025, by section 40 of the Electoral Amendment Act 2025 (2025 No 82).

171EAdvance polling period may be curtailed if unforeseen or unavoidable disruption occurs after commencement of advance polling periodThe advance polling period in section 171B may be curtailed under section 195B if an unforeseen or unavoidable disruption occurs after the commencement of the advance polling period.

Section 171E: inserted, on 20 December 2025, by section 40 of the Electoral Amendment Act 2025 (2025 No 82).

Special voting172Voting by special voters1Notwithstanding anything to the contrary in this Act, a special voter may vote at such place (whether at a polling place or not and whether in or outside New Zealand), at such time, in such manner, and upon or subject to such conditions as may be prescribed in that behalf by regulations made under this Act.2Different methods of voting may be prescribed for different classes of special voters.3The ballot papers for use by special voters or by any class of special voters may be in such form as is prescribed by regulations, and the consecutive numbers of the special ballot papers for any district may be in a different series from that used for the ordinary ballot papers.3AThe special vote ballot papers may contain the logos submitted in accordance with section 127(7) and (8) or section 143(3A) and (4) or section 146E(4) and (5) or a depiction of those logos in black and white; but nothing in this Act requires the inclusion of those logos on the special vote ballot papers.4Each constituency candidate may, in writing, appoint 1 or more scrutineers to be present at the office of the Electoral Commission when the Commission is performing its duties in relation to special vote declarations for the district.55A6If a constituency candidate appoints more than 1 scrutineer under subsection (4), not more than 1 scrutineer for that candidate may be present at any time at the office of the Electoral Commission when the Commission is performing its duties in relation to special vote declarations for the district.78Subject to the provisions of this section and section 61, and to the provisions of any regulations made for the purposes of this section, all the provisions of this Act shall, as far as applicable and with the necessary modifications, apply with respect to voting by special voters and to their votes.1956 No 107 s 110; 1981 No 120 s 34; 1990 No 1 s 57

Section 172(3A): inserted, on 6 December 1995, by section 50 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 172(3A): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 172(4): replaced, on 21 March 2017, by section 81(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 172(5): repealed, on 20 December 2025, by section 108 of the Electoral Amendment Act 2025 (2025 No 82).

Section 172(5A): repealed, on 20 December 2025, by section 108 of the Electoral Amendment Act 2025 (2025 No 82).

Section 172(6): replaced, on 21 March 2017, by section 81(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 172(7): repealed, on 20 December 2025, by section 108 of the Electoral Amendment Act 2025 (2025 No 82).

173Voting by special voters on Tokelau, Campbell Island, and Raoul Island, in Ross Dependency, and on fishing vessels

Section 173: repealed, on 28 February 2002, by section 66(1) of the Electoral Amendment Act 2002 (2002 No 1).

173ASpecial voting by facsimile

Section 173A: repealed, on 28 February 2002, by section 66(1) of the Electoral Amendment Act 2002 (2002 No 1).

173BDetermining whether special voter qualified to vote1The Electoral Commission must, in accordance with any regulations made under this Act, examine each declaration made by a person in respect of a special vote to determine whether the person is qualified to vote.2An examination under subsection (1) may be commenced before—

athe close of polling:

bthe scrutiny of the rolls under section 175.

3Every scrutineer appointed under section 172(4) may be present at the office of the Electoral Commission during an examination under subsection (1).

Section 173B: inserted, on 20 December 2025, by section 127 of the Electoral Amendment Act 2025 (2025 No 82).

Preliminary count of votes174Preliminary count of votes cast in polling place1The manager of every polling place must, as soon as practicable after the close of the poll, in the presence of any scrutineers (including those lawfully in the polling place under any other Act) and the polling place officials, but of no other person, arrange for a preliminary count of the votes cast in that polling place to be conducted in accordance with this section—

aat the polling place; or

bat any other place designated by the Electoral Commission.

1AThe Electoral Commission may, under subsection (1)(b), designate for a polling place some other place where the preliminary count of votes cast in the polling place may be conducted only if the Commission is satisfied that it is necessary to do so because the preliminary count of votes will not be able to be conducted at the polling place in the absence of unauthorised persons.1BIf the Electoral Commission designates for a polling place some other place where the preliminary count of votes cast in the polling place may be conducted,—

athe Returning Officer must—

igive notice to the constituency candidates or their scrutineers of that place at which the preliminary count of votes will be conducted (the counting place); and

iiafford to the scrutineers present at the polling place the opportunity to accompany the ballot boxes to the counting place; and

ball ballot boxes containing ballot papers must be taken from the polling place to the counting place accompanied by—

ia polling place official appointed as an official for the polling place; and

iiany scrutineers wishing to take up the opportunity afforded by paragraph (a)(ii).

2For the purposes of the preliminary count, all ballot papers must be taken from the ballot boxes to ascertain, as the case may require,—

athe number of votes received by each party listed in the part of the ballot paper that relates to the party vote; or

bthe number of votes received by each candidate listed in the part of the ballot paper that relates to the electorate vote; or

cboth.

3For the purposes of subsection (2), the following votes must be set aside as informal:

aany party votes that do not clearly indicate the party for which the voter desired to vote:

bany electorate votes that do not clearly indicate the candidate for whom the voter desired to vote.

4As soon as possible after ascertaining a result of the voting, the manager must ensure that the result is reported to the Returning Officer.5If a referendum has, under any Act, been taken with the poll, the manager must ensure that the preliminary count of the party votes and the electorate votes, and the reports under subsection (4) take priority over the counting of the votes of the referendum.

Section 174: substituted, on 28 February 2002, by section 67(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 174(1): replaced, on 11 March 2020, by section 16 of the Electoral Amendment Act 2020 (2020 No 2).

Section 174(1A): inserted, on 11 March 2020, by section 16 of the Electoral Amendment Act 2020 (2020 No 2).

Section 174(1B): inserted, on 11 March 2020, by section 16 of the Electoral Amendment Act 2020 (2020 No 2).

174ABallot papers, etc, to be compiled, certified, and sent to Returning Officer1After completing the preliminary count under section 174, the manager of the polling place must—

aensure that the following documents are enclosed in 1 or more parcels:

ithe used ballot papers:

iithe ballot papers set aside under section 171:

iiithe certified copies of the main roll and supplementary rolls that have been marked by issuing officers to indicate the persons who applied to vote:

ivall the counterfoils of ballot papers that have been issued to voters and all the unused ballot papers:

vall the spoilt ballot papers; and

bensure that each parcel is properly secured and endorsed with a description of its contents, the name of the district, the name or other identifier of the polling place, and the date of the polling; and

censure that 1 or more certificates are prepared that certify—

ithe number of votes received by each party (if applicable):

iithe number of votes received by each candidate (if applicable):

iiithe number of informal party votes:

ivthe number of informal electorate votes:

vthe number of ballot papers set aside under section 171:

vithe number of spoilt ballot papers:

viithe number of ballot papers issued to special voters:

viiithe number of unused ballot papers:

ixthe total number of ballot papers allocated for use at the polling place; and

dsign, and invite each scrutineer who is present to sign, every endorsement prepared under paragraph (b) and every certificate prepared under paragraph (c).

2The manager must ensure that all parcels mentioned in this section are sent to the Returning Officer without delay.3This section does not prevent any of the documents referred to in subparagraphs (ii) to (v) of subsection (1)(a) from being placed in 1 or more parcels before the preliminary count under section 174 has commenced or while it is in progress.

Section 174A: inserted, on 28 February 2002, by section 67(1) of the Electoral Amendment Act 2002 (2002 No 1).

174BNo preliminary count if fewer than 6 ordinary ballot papers issued1If, at any election, the number of ordinary ballot papers issued for a district at a polling place is smaller than 6, the manager of the polling place must, after the close of the poll, arrange for the secure dispatch of those ballot papers to the Returning Officer for the district.2This section overrides sections 174 and 174A.

Section 174B: inserted, on 28 February 2002, by section 67(1) of the Electoral Amendment Act 2002 (2002 No 1).

174CPreliminary count of early votes1In this section and in sections 174D to 174G, early votes means votes cast by advance voters who have been issued with ordinary ballot papers under section 167.2The Returning Officer must, in the presence of any scrutineers appointed under section 174F and any of the Returning Officer’s assistants, but of no other person, conduct (either manually or by electronic means), in accordance with this section, a preliminary count of early votes.3The Returning Officer must take the early votes and ascertain, as the case may require,—

athe number of votes received by each party listed in the part of the ballot paper that relates to the party vote; or

bthe number of votes received by each candidate listed in the part of the ballot paper that relates to the electorate vote; or

cboth.

4For the purposes of subsection (3), the Returning Officer must set aside as informal—

aall party votes that do not clearly indicate the party for which the voter desired to vote:

ball electorate votes that do not clearly indicate the candidate for whom the voter desired to vote.

5A count under this section must be commenced,—

aif an electoral district meets the conditions stated in section 174D(2), at a time (not earlier than 9 am on polling day) determined by the Electoral Commission; or

bif those conditions are not met, as soon as practicable after the close of the poll.

5AThe Returning Officer must give notice in writing to each of the constituency candidates or their scrutineers of the time and place at which the preliminary count of early votes will commence.6If a referendum has, under any Act, been taken with the poll, the Returning Officer must ensure that the count, under this section, of party votes and electorate votes takes priority over the counting of the votes of the referendum.

Section 174C: inserted, on 28 February 2002, by section 67(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 174C(1): replaced, on 20 December 2025, by section 41 of the Electoral Amendment Act 2025 (2025 No 82).

Section 174C(2): amended, on 21 March 2017, by section 82(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 174C(5)(a): replaced, on 21 March 2017, by section 82(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 174C(5)(b): amended, on 21 March 2017, by section 82(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 174C(5A): inserted, on 21 March 2017, by section 82(4) of the Electoral Amendment Act 2017 (2017 No 9).

174DConditions for counting early votes before close of poll1In this section and in sections 174E to 174G, restricted area means an area that—

ais designated by the Electoral Commission for the purpose of the count of early votes; and

bhas features that—

ipreclude persons who are not in the area from seeing or hearing any aspect of the count; and

iipermit the Returning Officer to control persons who wish to enter or leave the area.

2The conditions referred to in section 174C(5)(a) are as follows:

athe Electoral Commission has authorised the Returning Officer to commence the count before the close of the poll:

bthe count is to be conducted in a restricted area:

con every entrance to the restricted area there is a notice stating that it is an offence, without the express authorisation of the Returning Officer, to enter the area:

don every exit from the restricted area there is a notice stating that it is an offence, without the express authorisation of the Returning Officer, to leave the area.

Section 174D: inserted, on 28 February 2002, by section 67(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 174D(1): amended, on 21 March 2017, by section 83(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 174D(1)(a): amended, on 21 March 2017, by section 83(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 174D(2)(a): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

174EMaintenance of secrecy of count of early votes1On polling day, no person (other than a scrutineer appointed under section 174F) may, without the express authorisation of the Returning Officer, enter a restricted area.2On polling day, a person who enters, whether with or without authorisation, a restricted area may not leave the area before the close of the poll without the express authorisation of the Returning Officer.3The Electoral Commission may issue instructions to Returning Officers setting further requirements for the purpose of maintaining the secrecy of counts conducted before the close of the poll.4The Returning Officer must ensure that all persons who take part in the counts conducted before the close of the poll are familiar with any instructions issued under subsection (3), and the Returning Officer and those persons must comply with those instructions.

Section 174E: inserted, on 28 February 2002, by section 67(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 174E(3): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

174FScrutineers for count of early votes1Each constituency candidate may appoint a scrutineer to attend at the count of early votes conducted under section 174C.2Every appointment of a scrutineer—

amust be in writing; and

bmust be signed by the constituency candidate.

33A4If the count is conducted before the close of the poll, every scrutineer appointed under this section may enter and be present in the restricted area from the time on polling day that is 30 minutes before the time determined under section 174C(5)(a) for the start of the count until the conclusion of the count.5No scrutineer may, before the close of the poll, enter a restricted area with a device that enables information to be conveyed to a person or machine outside the area.6If a scrutineer fails to comply with subsection (5) or an instruction issued under section 174E(3) and communicated to the scrutineer, the Returning Officer may—

arefuse to allow the scrutineer to enter the restricted area; or

brequire the scrutineer to leave the restricted area.

Section 174F: inserted, on 28 February 2002, by section 67(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 174F(3): repealed, on 20 December 2025, by section 109 of the Electoral Amendment Act 2025 (2025 No 82).

Section 174F(3A): repealed, on 20 December 2025, by section 109 of the Electoral Amendment Act 2025 (2025 No 82).

Section 174F(4): amended, on 21 March 2017, by section 84(2) of the Electoral Amendment Act 2017 (2017 No 9).

174GOffences in relation to count of early votes conducted before close of poll1Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who,—

anot being a scrutineer appointed under section 174F, enters, on polling day, a restricted area without the express authorisation of the Returning Officer; or

bbeing a scrutineer appointed under section 174F, enters, on polling day, a restricted area with a device that enables information to be conveyed to a person or machine outside the area; or

cleaves, on polling day, a restricted area without the express authorisation of the Returning Officer.

2Every person commits an offence and is guilty of a corrupt practice who, being or having been in a restricted area, discloses, before the close of the poll, to any person outside the area any information about the results of a count of early votes conducted under section 174C.

Section 174G: inserted, on 28 February 2002, by section 67(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 174G(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Scrutiny of the rolls175Scrutiny of the rolls1The Returning Officer—

ashall make arrangements for a scrutiny of the rolls as soon as practicable after the close of the poll; and

bshall give notice in writing to each of the constituency candidates or their scrutineers of the time and place at which the Returning Officer will commence the scrutiny.

2Each constituency candidate may appoint 1 or more scrutineers to be present at the scrutiny of the rolls.33A4Where a constituency candidate appoints more than 1 scrutineer to be present at the scrutiny of the rolls, only 1 scrutineer for that candidate, or such greater number as is permitted by the Returning Officer, shall be present at the scrutiny of the rolls at any time.5The only persons who may be present at the scrutiny are—

aan Electoral Commissioner:

bthe Returning Officer:

cany assistant of the Electoral Commissioner or of the Returning Officer:

dany expert or technician who provides advice or support to the Electoral Commissioner or to the Returning Officer for the purpose of the scrutiny:

eany scrutineer.

67A scrutineer may be appointed under this section electronically.1956 No 107 s 112; 1990 No 1 s 59(1)

Section 175(2): replaced, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 175(3): repealed, on 20 December 2025, by section 110 of the Electoral Amendment Act 2025 (2025 No 82).

Section 175(3A): repealed, on 20 December 2025, by section 110 of the Electoral Amendment Act 2025 (2025 No 82).

Section 175(5): substituted, on 28 February 2002, by section 68(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 175(5)(a): substituted, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 175(5)(c): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 175(5)(d): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 175(6): repealed, on 20 December 2025, by section 110 of the Electoral Amendment Act 2025 (2025 No 82).

Section 175(7): replaced, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

176Marked copies of rolls to be compared1The Returning Officer or the Electoral Commissioner must, in the presence of any assistants, experts, or technicians and any scrutineers that are entitled to be present under this Act or any other Act, but of no other person,—

acompare (either manually or by any electronic means)—

iall the certified copies of the main roll and supplementary rolls that have been marked to indicate the persons who applied to vote; and

iiall records of special votes exercised; and

iiithe list of post-writ day deletions supplied to the Returning Officer by the Electoral Commission under section 123(b); and

bcompile a master roll by marking (either manually or by any electronic means) on an unmarked copy of the main roll and on every supplementary roll the number and name of any elector—

iwho is shown on any of the certified copies of the rolls as having received a ballot paper; or

iiwho is shown in any record of special votes issued as having received a ballot paper; or

iiiwhose name is shown on the list of post-writ day deletions.

2If on that comparison or from the checking of declarations in respect of special votes or from the report of a manager of a polling place on the ballot papers set aside under section 171, and after any inquiry the Returning Officer considers necessary, it appears that the same voter has received more than 1 ballot paper, the Returning Officer must,—

ain the presence of any assistants and any scrutineers that choose to be present, but of no other person, open the parcel or parcels of ballot papers that are likely to contain the ballot papers issued to the voter; and

bselect from the parcel or parcels the ballot papers that appear from their consecutive numbers and counterfoils to have been issued to that voter; and

csubject to subsection (3), disallow every vote that appears to have been given by means of the ballot papers so selected.

3Notwithstanding subsection (2)(c), if the Returning Officer is satisfied—

athat 1 and only 1 of the ballot papers was lawfully received by the voter entitled thereto; and

bthat the voter entitled thereto was not in any way concerned in the issue of the other ballot paper or ballot papers,—

the Returning Officer shall allow the vote of that voter and shall disallow the other vote or votes.4If, on the comparison with all the certified copies of the main roll and supplementary rolls on which the fact of any person having received a ballot paper has been noted, and all records of special votes exercised in respect of the district, and the list of post-writ day deletions, it appears that any person has received a ballot paper by giving a name shown on the list of post-writ day deletions, the Returning Officer—

amust, in the presence of any assistants and any scrutineers that choose to be present, but of no other person, open the parcel or parcels of ballot papers that are likely to contain the ballot papers issued to the voter; and

bmust select from the parcel or parcels the ballot papers that appear from their consecutive numbers and counterfoils to have been issued to that voter; and

csubject to subsections (5) and (6), shall disallow every vote appearing to have been given by means of any ballot paper so selected.

5Notwithstanding subsection (4)(c), but subject to subsection (6), if the Returning Officer is satisfied that the name by which a ballot paper selected under subsection (4)(b) was received was entered on the list of post-writ day deletions by mistake or clerical error or as a result of false information, he or she shall allow each vote given by means of that ballot paper.6Notwithstanding subsections (4) and (5), if—

athe Returning Officer is satisfied that the name by which a ballot paper selected under subsection (4)(b) was received was entered on the list of post-writ day deletions by mistake or clerical error or as a result of false information; and

bmore than 1 ballot paper was received by the giving of a name shown on the list of post-writ day deletions; and

cthe Returning Officer is satisfied—

ithat 1 and only 1 of the ballot papers was lawfully received by the voter entitled thereto; and

iithat the voter entitled thereto was not in any way concerned in the issue of the other ballot paper or ballot papers,—

the Returning Officer shall allow the vote of that voter and shall disallow the other vote or votes.78Except in the case of the ballot papers so selected therefrom, the Returning Officer shall inspect only the consecutive numbers on the ballot papers in the several parcels so opened, and shall so cover the ballot papers that no person present shall have the opportunity of determining the party or constituency candidate for whom any particular voter has voted.

Section 176: substituted, on 6 December 1995, by section 54 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 176(1): substituted, on 28 February 2002, by section 69(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 176(1): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 176(1)(a)(iii): amended, on 21 March 2017, by section 86 of the Electoral Amendment Act 2017 (2017 No 9).

Section 176(2): substituted, on 28 February 2002, by section 69(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 176(4)(a): substituted, on 28 February 2002, by section 69(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 176(4)(b): substituted, on 28 February 2002, by section 69(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 176(7): repealed, on 28 February 2002, by section 69(3) of the Electoral Amendment Act 2002 (2002 No 1).

177Parcels to be secured after scrutiny1When the Returning Officer has selected from any parcel all the ballot papers he or she is required to select therefrom, he or she shall forthwith, in the presence of his or her assistants (if any) and such scrutineers as are present, but of no other person, close and secure the parcel, and shall endorse thereon a memorandum of the fact of the ballot papers having been selected from that parcel, specifying the same by the name of the person to whom the same appear to have been delivered, and shall sign the endorsement with his or her name.2The Returning Officer shall set aside all ballot papers selected by him or her from any parcel as herein provided, and shall in the presence of his or her assistants (if any) and such scrutineers as are present, but of no other person, secure those ballot papers in a separate parcel, and shall endorse the parcel with a description of the contents thereof, and shall sign the endorsement with his or her name.1956 No 107 s 114

Section 177(1): amended, on 6 December 1995, by section 55 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 177(2): amended, on 6 December 1995, by section 55 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Official count and declaration of poll178Counting the votes1On or before the completion of the scrutiny under section 175, the Returning Officer, with any assistants the Returning Officer considers necessary, and in the presence of any of the scrutineers appointed under section 175 that are present (not exceeding, unless the Returning Officer otherwise permits, 1 scrutineer for each candidate) and also in the presence of a Justice (who is to attend at the request of the Returning Officer), but of no other person, must select and open one of the parcels of used ballot papers referred to in section 174A(1)(a)(i).2The procedure set out in subsection (1) need not be delayed until the inquiries under section 176(2), or the inquiries as to the qualifications of persons casting a special vote at the election, have been completed, and the ballot papers from any particular polling place may be counted while any inquiries in respect of ballot papers from that place or in respect of the qualifications of persons casting a special vote at the election are being completed, but the count shall not be completed until those inquiries have been completed.3No special vote shall be disallowed by reason only of some error or omission on the part of an official, if the Returning Officer is satisfied that the voter was qualified to vote at the election.4Where a person who has voted in an election dies before the close of the day before polling day, the Returning Officer shall, on receiving from a Registrar of Births and Deaths notification of that person’s death, disallow that person’s vote.5When the parcel selected under subsection (1) has been opened, the Returning Officer shall, in the presence of his or her assistants (if any) and the scrutineers and Justice as aforesaid, but of no other person, deal with the ballot papers as follows:

ahe or she shall reject as informal—

iany ballot paper that does not bear the official mark if there is reasonable cause to believe that it was not issued to a voter by an issuing officer; and

iia ballot paper that does not clearly indicate the constituency candidate or the party, as the case may require, for which the voter desired to vote:

provided that no ballot paper or part of the ballot paper shall be rejected as informal by reason only of some informality in the manner in which it or any other part of the ballot paper has been dealt with by the voter if the ballot paper or part of the ballot paper being considered is otherwise regular, and if, in the opinion of the Returning Officer, the intention of the voter is clearly indicated:provided also that no ballot paper or part of a ballot paper shall be rejected as informal by reason only of some error or omission on the part of an official, if the Returning Officer is satisfied that the voter was qualified to vote at the election:

bthe Returning Officer shall then—

icount, as the case may require, the number of votes received by each party or the number of votes received by each constituency candidate or both; and

iicount the number of party votes rejected as informal; and

iiicount the number of electorate votes rejected as informal; and

ivcompare the results of the counts conducted under subparagraphs (i) to (iii) with the certificate of the polling place manager in respect of the preliminary count; and

cthe Returning Officer shall then, where necessary, amend the certificate of the polling place manager in respect of the preliminary count; and every such certificate shall be initialled by the Returning Officer and the Justice attending:

dthe Returning Officer must then endorse on the parcel the name or other identifier of the polling place where the votes were recorded; and that endorsement must be signed by the Returning Officer and the Justice who attends.

5ADespite section 60, if a voter who was qualified to vote as an elector of a particular district votes as if he or she were an elector of another district, the voter’s party vote—

amay not be disallowed simply because of the voter’s error with regard to the district; and

bfor the purposes of this section and sections 179 to 181, is to be regarded as having been cast by an elector of the other district.

6The ballot papers from all the parcels shall be dealt with in the manner aforesaid and the ballot papers from one parcel may be so dealt with while those from another parcel or parcels are also being so dealt with.7The ballot papers of special voters shall be dealt with in like manner, after which they shall be made up together into a parcel which shall be properly secured and shall be endorsed in the manner hereinbefore described.8When all the ballot papers have been dealt with in the prescribed manner, the Justice attending shall sign a certificate stating the total number of ballot papers used at the election, the number of votes received by each party or constituency candidate, as the case may require, and the number of informal votes, and that certificate shall be preserved by the Returning Officer for production when required.9Where at any count of the ballot papers under this section counting of the ballot papers extends beyond 1 day, the Justice attending shall give his or her certificate day by day showing the progress of that counting and describing the parcels counted in his or her presence.

Section 178: substituted, on 6 December 1995, by section 56 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 178(1): substituted, on 28 February 2002, by section 70(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 178(2): amended, on 28 February 2002, by section 70(2) of the Electoral Amendment Act 2002 (2002 No 1).

Section 178(5)(a)(i): substituted, on 28 February 2002, by section 70(3) of the Electoral Amendment Act 2002 (2002 No 1).

Section 178(5)(b)(iv): amended, on 21 March 2017, by section 87 of the Electoral Amendment Act 2017 (2017 No 9).

Section 178(5)(c): amended, on 28 February 2002, by section 70(4) of the Electoral Amendment Act 2002 (2002 No 1).

Section 178(5)(d): substituted, on 28 February 2002, by section 70(5) of the Electoral Amendment Act 2002 (2002 No 1).

Section 178(5A): inserted, on 28 February 2002, by section 70(6) of the Electoral Amendment Act 2002 (2002 No 1).

179Declaration of result of poll1When the official count under section 178 is completed, the Returning Officer must give the Electoral Commission the following information:

athe total number of valid votes received by each of the parties listed on the party vote part of the ballot paper:

bthe total number of valid votes received by each constituency candidate:

cthe total number of informal party votes:

dthe total number of informal electorate votes.

2As soon as practicable after receiving from a Returning Officer the information specified in subsection (1), the Electoral Commission must declare the results of the official count for the district concerned by publishing a notice in the Gazette.3The Electoral Commission may declare the results for any number of districts on the same day, if the Electoral Commission considers it appropriate to do so.4The Electoral Commission may make arrangements under which persons with a particular interest in any declaration under subsection (2) are informed of the result, by any means the Electoral Commission considers appropriate.5If there is an equality of votes between constituency candidates for a district and the addition of 1 vote would entitle one of those candidates to be declared elected, the Electoral Commission must, without delay, apply to a District Court Judge for a recount under section 180, and all the provisions of that section apply accordingly, except that no deposit is necessary.6If on a recount under section 180 there is an equality of votes between constituency candidates and the addition of 1 vote would entitle one of those candidates to be declared elected, the Electoral Commission must determine by lot which of those candidates is to be elected.

Section 179: substituted, on 28 February 2002, by section 71(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 179(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 179(2): amended, on 21 March 2017, by section 88 of the Electoral Amendment Act 2017 (2017 No 9).

Section 179(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 179(3): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 179(4): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 179(5): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 179(6): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Recount180Application to District Court Judge for recount1Any constituency candidate for a district may, within 3 working days after the public declaration made under section 179 in respect of that district, apply to a District Court Judge for the conduct, in respect of that district, of a recount of the electorate votes.2Any secretary of a political party that is listed on the part of the ballot paper that relates to the party vote may, within 3 working days after the public declaration made under section 179 in respect of a district, apply to a District Court Judge for the conduct, in respect of that district, of a recount of the party votes.3Every application under subsection (1) shall be accompanied by a deposit of $1,000 (which deposit shall be inclusive of goods and services tax).4Every application under subsection (2) shall be accompanied by a deposit of $1,500 (which deposit shall be inclusive of goods and services tax).5The District Court Judge—

ashall cause a recount of the electorate votes or the party votes, as the case may require, to be commenced within 3 working days after receiving the application; and

bshall give notice in writing of the time and place at which the recount will be made—

ito the Electoral Commission; and

iiin the case of an application made under subsection (1), to each of the candidates who may be affected by the recount; and

iiiin the case of an application under subsection (2), to each of the political parties that may be affected by the recount.

6The recount shall be made in the presence of the District Court Judge or of an officer appointed by the District Court Judge for the purpose, and shall, as far as practicable, be made in the manner provided in the case of the original count.7No person shall be present at the recount except—

athe District Court Judge or the officer appointed by the District Court Judge; and

bthe assistants (if any) of the District Court Judge or the officer appointed by the District Court Judge; and

cthe Returning Officer and the assistants (if any) of the Returning Officer; and

din the case of a recount of electorate votes, the scrutineers appointed under section 175 or section 183(1) (not exceeding, unless the District Court Judge or the officer appointed by the District Court Judge otherwise permits, 1 scrutineer for each constituency candidate); and

ein the case of a recount, made on an application under subsection (2), of party votes, the scrutineers appointed under section 183(2)(a) (not exceeding, unless the District Court Judge or the officer appointed by the District Court Judge otherwise permits, 1 scrutineer for each political party); and

fin the case of a recount, made on an application under section 181(1), of party votes, the scrutineers appointed under section 183(2)(b) (not exceeding, unless the District Court Judge or the officer appointed by the District Court Judge otherwise permits, 1 scrutineer for each political party).

8The District Court Judge shall have all the powers that the Returning Officer had on the original count, and may, in addition, review any decision of the Returning Officer or the Registrar of Electors or the Electoral Commission in respect of—

athe checking of special voting declarations; or

bthe allowance or disallowance of special votes.

9Any decision referred to in subsection (8) and any other decision made by the Returning Officer in the exercise of the Returning Officer’s powers on the original count may be confirmed, reversed, or set aside by the District Court Judge.10If on the recount the District Court Judge finds that the public declaration was incorrect, the District Court Judge shall order the Electoral Commission to give an amended declaration of the result of the poll.11The District Court Judge may make such order as to the costs of and incidental to the recount as the District Court Judge thinks just, and, subject to any such order, shall direct that the deposit made under this section be returned to the person who paid it.1956 No 107 s 117; 1990 No 1 s 61(1)

Section 180(1): substituted, on 6 December 1995, by section 58(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 180(2): substituted, on 6 December 1995, by section 58(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 180(5)(a): substituted, on 6 December 1995, by section 58(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 180(5)(b)(i): replaced, on 21 March 2017, by section 89(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 180(7)(d): substituted, on 6 December 1995, by section 58(3) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 180(7)(e): substituted, on 6 December 1995, by section 58(3) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 180(7)(f): added, on 6 December 1995, by section 58(3) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 180(8): amended, on 21 March 2017, by section 89(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 180(10): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 180(10): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

181Application by political party for recount in every electoral district1Any secretary of a political party listed on the part of the ballot paper that relates to the party vote may, instead of making 1 or more separate applications for recounts under section 180(2), apply to the Chief District Court Judge for recounts of the party votes to be conducted in every electoral district.2Every application under subsection (1) must be made within 3 working days after the date of the last public declaration made under section 179 for any electoral district.3Every application under subsection (1) shall be accompanied by a deposit of $90,000 (which deposit shall be inclusive of goods and services tax).4The Chief District Court Judge shall cause a separate recount of the party votes to be conducted for each electoral district and, for that purpose, shall, within 3 working days after receiving the application for the recounts, arrange, in respect of each recount, for a District Court Judge to conduct it.5Each recount conducted under this section shall be conducted in accordance with subsections (5) to (10) of section 180, except that each recount shall be commenced within 3 working days of the date on which the District Court Judge conducting the recount is assigned that task.6At the conclusion of all recounts under this section, the Chief District Court Judge may make such order or orders as to the costs of and incidental to those recounts as the Chief District Court Judge thinks just, and, subject to any such order, shall direct that the deposit made under this section be returned to the person who paid it.

Section 181(1): substituted, on 6 December 1995, by section 59(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 181(4): substituted, on 6 December 1995, by section 59(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

182Ability to combine recountsNothing in section 180 or section 181 requires the electorate votes or the party votes to be the subject of more than 1 recount and, where more than 1 application is received that would involve recounts of the same votes or of both parts of the same ballot papers, those applications may be combined by the District Court Judge conducting the recount.

Section 182: substituted, on 6 December 1995, by section 60 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

183Scrutineers for recounts and allocation of list seats1Any constituency candidate affected by an application under section 180(1) for a recount of electorate votes in an electoral district may appoint 1 or more scrutineers to be present at the recount.2Any political party affected—

aby an application under section 180(2) for a recount of party votes in an electoral district; or

bby an application under section 181(1) for recounts of the party votes in every electoral district,—

may appoint 1 or more scrutineers to be present at any such recount.3Any political party listed in the part of the ballot paper that relates to the party vote may appoint 1 or more scrutineers to be present during the allocation of list seats by the Electoral Commission under sections 191 to 193.44A5Where a political party appoints more than 1 scrutineer to be present during the allocation of list seats, only 1 scrutineer for that political party, or such greater number as is permitted by the Electoral Commission, shall be present at any one time.67

Section 183: substituted, on 6 December 1995, by section 61 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 183(3): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 183(4): repealed, on 20 December 2025, by section 111 of the Electoral Amendment Act 2025 (2025 No 82).

Section 183(4A): repealed, on 20 December 2025, by section 111 of the Electoral Amendment Act 2025 (2025 No 82).

Section 183(5): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 183(6): repealed, on 20 December 2025, by section 111 of the Electoral Amendment Act 2025 (2025 No 82).

Section 183(7): repealed, on 1 January 2023, by section 37 of the Electoral Amendment Act 2022 (2022 No 80).

184Ballot papers and certificate to be compared on recount1At any recount made as aforesaid the Returning Officer shall produce to the District Court Judge all the used ballot papers, together with the Justice’s certificate stating the total number of ballot papers used at the election.2If, on comparing the number of ballot papers stated in the certificate with the ballot papers used at the election, the District Court Judge finds that any of the ballot papers have been lost, stolen, or in any way interfered with during the interval between the official count and the recount, the official count made by the Returning Officer shall be deemed to be correct, and the result of the poll declared accordingly. Where in any such case there is an equality of votes between constituency candidates and the addition of a vote would entitle one of those constituency candidates to be declared elected, the Electoral Commission must determine by lot which candidate shall be elected.1956 No 107 s 118

Section 184(1): amended, on 6 December 1995, by section 62 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 184(2): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 184(2): amended, on 6 December 1995, by section 62 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Return of writ185Endorsement and return of writ1As soon as practicable after the Electoral Commission has, under section 179(2), declared the result for every district, an Electoral Commissioner must, on behalf of the Electoral Commission,—

aendorse on the writ—

ithe full name of every constituency candidate declared to be elected; and

iithe date of the endorsement; and

bsign the writ; and

cimmediately after endorsing and signing the writ, transmit the writ to the Clerk of the House of Representatives.

2The date endorsed on the writ under subsection (1) is the day of the return of the writ.3The writ must be returned within the time specified in the writ for its return.4If any application for a recount of the votes for any constituency candidates has been made, the Electoral Commission must postpone the return of the writ until the completion of every recount.5If, at any time before the expiry of the time for an application for a recount of the votes for constituency candidates, it appears to the Electoral Commission that such an application may be made, the Electoral Commission may postpone the return of the writ until that expiry.6Subsections (4) and (5) prevail over subsections (1) to (3).

Section 185: substituted, on 28 February 2002, by section 73 of the Electoral Amendment Act 2002 (2002 No 1).

Section 185(1): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 185(4): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 185(5): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

186Electoral Commission may correct writ1If the Electoral Commission is satisfied that the name of a member elected to represent an electoral district is not correctly recorded on the writ, an Electoral Commissioner may, on behalf of the Electoral Commission, before or after complying with the requirements of section 185(1), make any alterations to the writ necessary to ensure that the member's name is correctly recorded.2Before making a correction under subsection (1), the Electoral Commissioner must consult with the member concerned and with the Returning Officer.3If the Electoral Commissioner makes a correction under subsection (1) after complying with the requirements of section 185(1),—

athe Electoral Commission must forward to the Clerk of the House of Representatives a copy of the writ as corrected; and

bthat copy is to be treated for all purposes as the copy forwarded to the Clerk of the House of Representatives under section 185(1).

Section 186: substituted, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Disposal of ballot papers187Disposal of ballot papers, rolls, etc1As soon as practicable after giving the Electoral Commission the information specified in section 179(1), the Returning Officer must destroy or cause to be destroyed all unused ballot papers.1AAs soon as practicable after complying with the requirements of subsection (1), the Returning Officer must—

aenclose or cause to be enclosed in 1 or more packets all parcels that have been received, or made up, by the Returning Officer and that contain any of the following documents:

iused ballot papers, including the special voters’ ballot papers:

iicounterfoils of issued ballot papers and counterfoils of unused ballot papers:

iiispoilt ballot papers:

ivballot papers set aside under section 171 or section 177; and

benclose or cause to be enclosed in 1 or more packets the following materials:

iballot paper accounts:

iicopies of rolls (except the master roll):

iiibooks or other papers provided for by this Act:

ivall letters and other papers received from any manager of a polling place or issuing officer about special votes; and

censure that each packet is properly secured and endorsed with a description of its contents, the name of the district, the name or other identifier of the polling place, and the date of the polling; and

dsign the endorsement on each packet; and

eensure that every packet is sent to the Clerk of the House of Representatives without delay.

2The Clerk of the House of Representatives shall forthwith give or send to the Returning Officer a receipt under his or her hand for the said packets and parcel.3The Electoral Commission must attach to the master roll for each district a list that—

asets out the names and addresses of all special voters whose names were not on the printed roll (other than those whose names were not on that roll by virtue of section 115); and

bindicates the special voters whose votes have been disallowed.

4The Electoral Commission shall keep the master roll, and the attached list, until the next general election.5Any registered elector of the district may inspect any master roll for the district, and the attached list, at the office of the Electoral Commission for the district, without payment of any fee, at any time when the office is open for the transaction of business.1956 No 107 s 121; 1981 No 120 s 38; 1990 No 1 s 62

Section 187(1): substituted, on 28 February 2002, by section 74 of the Electoral Amendment Act 2002 (2002 No 1).

Section 187(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 187(1A): inserted, on 28 February 2002, by section 74 of the Electoral Amendment Act 2002 (2002 No 1).

Section 187(3): replaced, on 21 March 2017, by section 91(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 187(4): amended, on 21 March 2017, by section 91(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 187(5): replaced, on 21 March 2017, by section 91(3) of the Electoral Amendment Act 2017 (2017 No 9).

188Annotation of list of special voters1A constituency candidate at an election who applies for a recount of the votes or a person who files an election petition may, by notice in writing to the Electoral Commission, require the Electoral Commission forthwith to annotate the list attached to the master roll pursuant to section 187(3):provided that this subsection shall not apply where the Electoral Commission receives the notice after the Returning Officer has forwarded to the Clerk of the House of Representatives the packets required, by section 187(1)(b), to be forwarded to the Clerk of the House of Representatives.2The annotations shall show, in relation to each special voter whose vote is shown on the list as having been disallowed, the reason for the disallowance of the vote.3The annotated list must be held by the Electoral Commission, and any registered elector of the district may inspect the annotated list at the office of the Electoral Commission for the district, without payment of any fee, at any time when the office is open for the transaction of business.41956 No 107 s 121A; 1990 No 1 s 63

Section 188(1): amended, on 21 March 2017, by section 92(1)(a) of the Electoral Amendment Act 2017 (2017 No 9).

Section 188(1): amended, on 21 March 2017, by section 92(1)(b) of the Electoral Amendment Act 2017 (2017 No 9).

Section 188(3): replaced, on 21 March 2017, by section 92(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 188(4): repealed, on 21 March 2017, by section 92(2) of the Electoral Amendment Act 2017 (2017 No 9).

189Disposal of packets1The packets and parcels must be safely kept for 6 months unopened, unless a court of competent jurisdiction or the House of Representatives orders them, or any of them, to be opened.2At the end of 6 months, the packets and parcels must be destroyed unopened in the presence of the Clerk of the House of Representatives and an Electoral Commissioner.3Despite subsection (2), a packet or parcel may not be destroyed so long as the packet or parcel is, or may reasonably be expected to be, required for the purposes of an investigation into, or a prosecution of, an offence against this Act.

Section 189: substituted, on 28 February 2002, by section 75 of the Electoral Amendment Act 2002 (2002 No 1).

Section 189(2): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

190Papers taken from parcels as evidence in certain cases1Any ballot paper, and any copy of a roll, and any book purporting to be taken from any such parcel as aforesaid, and having written thereon respectively, under the hand of the Clerk of the House of Representatives, a certificate of the several particulars by this Act required to be endorsed on the parcel, shall be conclusive evidence in any court or before any Committee of the House of Representatives that it was so taken and that it, if a ballot paper, was deposited and, if a roll or book, was kept or used at the election and polling place to which the endorsement and writing relate.2Every ballot paper so certified shall be evidence of a vote given at the poll, and of the correspondence of the number appearing on the ballot paper with the number appearing on any roll so certified as of the same election and polling place, according to the tenor of the said ballot paper.3But, in the case of the ballot papers set aside or selected by an issuing officer or by the Returning Officer, the correspondence shall be evidence only of some person having voted in the name appearing on the roll.1956 No 107 s 123

Section 190(1): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 190(1): amended, on 6 December 1995, by section 64(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 190(2): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 190(2): amended, on 6 December 1995, by section 64(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 190(3): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 190(3): amended, on 6 December 1995, by section 64(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

List seats191Election of other members1When the Electoral Commission has received from all Returning Officers the information required by section 179(1) to be forwarded to the Electoral Commission, the Electoral Commission must proceed to determine which of the candidates whose names have been included in party lists submitted pursuant to section 127 have been elected.2The Electoral Commission must first ascertain from the information given under section 179(1)(a) the total number of all the party votes received by each of the parties listed on the part of the ballot paper that relates to the party vote.3The Electoral Commission must enter those totals in separate columns under the name of each party in a working sheet in the manner specified in a form that the Electoral Commission has approved.4The Electoral Commission must disregard any total under the name of any party that—

ahas not achieved a total that is at least 5% of the total number of all the party votes received by all the parties listed on the part of the ballot paper that relates to the party vote; and

bis a party in respect of which no constituency candidate who is either—

ia candidate for that party; or

iia candidate for a component party of that party (being a component party that is not listed on the part of the ballot paper that relates to the party vote but is, in accordance with the details held by the Electoral Commission under any of the provisions of sections 127(3A) and 128A, a component party of that party)—

has had his or her name endorsed on the writ pursuant to section 185 as a person declared to be elected as a member of Parliament.

4AWhere the Electoral Commission disregards the name of a party in accordance with subsection (4), that party shall, for the purpose of this section and sections 192 and 193, be deemed to have been deleted from the list of parties included in the part of the ballot paper that relates to the party vote.5The Electoral Commission must then proceed to divide each of the remaining totals successively by a series of numbers beginning with 1, 3, 5, 7, 9, 11, 13 and thereafter by every odd number as may be necessary to ensure that the number of seats required to be allocated by this section and sections 192 and 193 are allocated.6The quotient of each successive division shall be recorded on the working sheet.7Once the quotient of each successive division is entered on the working sheet, the Electoral Commission must then proceed to ascertain from a comparison of all the figures in the working sheet in form 15 listed under the heading Quotients of divisions, the highest 120 quotients or such lower number as is required by subsection (8).8If any person whose name is endorsed on the writ pursuant to section 185 as a person declared to be elected as a member of Parliament, is—

aan independent; or

ba member of a political party that did not appear on the list of parties in that part of the ballot paper that relates to the party vote (not being a political party that is, in accordance with the details held by the Electoral Commission under any of the provisions of sections 127(3A) and 128A, a component party of a political party that did appear on that list),—

the Electoral Commission must, for the purposes of applying subsection (7), deduct from the number of 120 the number of any such persons.9In any case where the lowest of the numbers required to be ascertained under subsection (7) constitutes 2 or more numbers in different columns which are of exactly the same value, the Electoral Commission must determine by lot which of those numbers is to be selected for the purpose of subsection (7).10The Electoral Commission, having ascertained the numbers required by subsection (7), must cause a circle to be drawn on the working sheet around each of those numbers.

Section 191(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 191(1): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 191(1): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 191(2): substituted, on 6 December 1995, by section 65(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 191(2): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 191(2): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 191(3): amended, on 21 March 2017, by section 93 of the Electoral Amendment Act 2017 (2017 No 9).

Section 191(3): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 191(4): substituted, on 6 December 1995, by section 65(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 191(4): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 191(4): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 191(4)(b)(ii): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 191(4A): inserted, on 6 December 1995, by section 65(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 191(4A): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 191(5): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 191(7): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 191(8): substituted, on 6 December 1995, by section 65(3) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 191(8): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 191(8): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 191(8)(b): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 191(9): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 191(10): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

192Determination of party eligibility for list seats1Having ascertained the numbers required by section 191(7), the Electoral Commission must then proceed to ascertain the number of seats in Parliament to which each remaining party listed in the part of the ballot paper that relates to the party vote is entitled by adding the number of circles in the column of numbers under the name of that party.2Subject to subsection (3), the Electoral Commission must then proceed, in respect of each remaining party listed in the part of the ballot paper that relates to the party vote, to deduct from the number of seats to which each party is entitled under subsection (1)—

athe number of persons who stood as constituency candidates for that party and whose names were endorsed on the writ pursuant to section 185 as having been elected as members of Parliament; and

bthe number of persons who stood as constituency candidates for a party that is, in accordance with the details held by the Electoral Commission under any of the provisions of sections 127(3A) and 128A, a component party of that party and whose names were endorsed on a writ pursuant to section 185 as having been elected as members of Parliament.

3The deduction described in subsection (2)(b) shall not be made in respect of constituency seats gained by a component party that is listed on the part of the ballot paper that relates to the party vote.4Subject to subsection (5), after the process of deduction described in subsection (2) has been completed in respect of each party, the remainder derived therefrom shall be the number of seats to be allocated to that party from the list of candidates submitted pursuant to section 127.5If any party listed in the part of the ballot paper that relates to the party vote has obtained, through the election of any of its constituency candidates or any of the constituency candidates for any party that is, in accordance with the details held by the Electoral Commission under any of the provisions of sections 127(3A) and 128A, a component party of that party or both, a number of seats that is equal to or greater than the total number of seats in Parliament to which it would be entitled under subsection (1), that party shall not be allocated any seats from the list of candidates submitted by that party pursuant to section 127, but the seats of the constituency candidates of that party who have been elected as members of Parliament shall not be affected.

Section 192: substituted, on 6 December 1995, by section 66 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 192(1): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 192(2): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 192(2)(a): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 192(2)(b): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 192(5): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

193Selection of candidates1Upon completing the procedures outlined in section 192, the Electoral Commission must proceed to determine which of the candidates whose names appear on the list submitted pursuant to section 127 by each of the parties listed in the part of the ballot paper that relates to the party vote are entitled to be elected.2The Electoral Commission must determine which candidates are entitled to be elected by selecting those candidates on the list of each party, beginning with the first candidate on the list and ending with the lowest ranking candidate, which are equal in number to the number of seats to which that party is entitled to have allocated from its list submitted pursuant to section 127.3In performing the duties required by subsection (2), the Electoral Commission must disregard the name of any candidate whose name has been endorsed on the writ pursuant to section 185, and the name of that candidate shall be deemed to have been deleted from the list submitted pursuant to section 127.4Where all the candidates appearing on a list submitted by a party pursuant to section 127 are entitled to be selected, no further candidates for that party may be selected, notwithstanding that the party may be entitled to a greater number of seats than the number of candidates appearing on that list and those seats shall not be filled.5The Electoral Commission must, as soon as practicable after selecting the names of those candidates entitled to be elected,—

adeclare those candidates to be elected by publishing in the Gazette the full names of the members elected; and

bforward to the Clerk of the House of Representatives a return listing the names of the members elected.

6Notwithstanding any other provision of this section or any provision of sections 191 and 192, the Electoral Commission may proceed to select the names of those candidates entitled to be elected from lists submitted under section 127, by such method and procedure as the Electoral Commission thinks fit, including the use of computer technology:provided that, before declaring any candidates to be elected under subsection (5), the Electoral Commission shall complete the procedures required by sections 191 and 192 and this section.7In completing the procedures required by sections 191 and 192 and this section, the Electoral Commission may use such assistants as the Electoral Commission considers necessary.

Section 193(1): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 193(1): amended, on 6 December 1995, by section 67(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 193(2): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 193(3): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 193(3): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 193(5): substituted, on 6 December 1995, by section 67(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 193(5): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 193(5)(a): amended, on 28 February 2002, by section 76 of the Electoral Amendment Act 2002 (2002 No 1).

Section 193(6): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 193(6): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 193(7): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 193(7): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

193AElectoral Commission may correct list of members elected1If the Electoral Commission is satisfied that the name of a member declared to be elected is not correctly recorded on a return forwarded to the Clerk of the House of Representatives under section 193(5)(b),—

athe Electoral Commission may forward to the Clerk of the House a further return that correctly records the member’s name; and

bthat further return—

iis to be treated for the purposes of section 54(2)(a) as dated the same as the earlier return; and

iiis to be treated for all purposes as the return forwarded to the Clerk of the House under section 193(5)(b).

2The Electoral Commission may not forward a further return to the Clerk of the House under subsection (1)(a) unless the Electoral Commission has first consulted with the member concerned.

Section 193A: inserted, on 28 February 2002, by section 77 of the Electoral Amendment Act 2002 (2002 No 1).

Section 193A heading: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 193A(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 193A(1)(a): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 193A(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Maintenance of order at elections194Manager of polling place to maintain order1Every manager of a polling place must maintain order and keep the peace at the polling place, and may, without any other warrant than this Act,—

acause to be arrested and taken before a Justice any person reasonably suspected of committing or attempting to commit at the polling place any of the offences set out in section 201; or

bcause to be removed a person who obstructs the approaches to the polling place or wilfully and unnecessarily obstructs the proceedings at the polling or conducts himself or herself in a disorderly manner or causes a disturbance or wilfully acts in any manner in defiance of the lawful directions of the manager of the polling place.

2All constables must aid and assist the manager of the polling place in the performance of his or her duty.

Section 194: substituted, on 28 February 2002, by section 78 of the Electoral Amendment Act 2002 (2002 No 1).

Polling disruptions

Heading: replaced, on 11 March 2020, by section 17 of the Electoral Amendment Act 2020 (2020 No 2).

195Meaning of unforeseen or unavoidable disruption1In sections 195A, 195B, and 195D, an unforeseen or unavoidable disruption means a disruption that is likely to—

aprevent voters voting at a polling place; or

bpose a risk to the proper conduct of an election.

2An unforeseen or unavoidable disruption includes, but is not limited to, a disruption arising as a result of—

aa natural disaster:

badverse weather conditions:

ca riot or disorder, or a threat of a riot or disorder:

da terrorist act (as defined in section 5 of the Terrorism Suppression Act 2002):

ean epidemic notice given under section 5(1) of the Epidemic Preparedness Act 2006 being in force:

fa cyberattack on the Electoral Commission’s electronic operating systems.

Section 195: replaced, on 11 March 2020, by section 17 of the Electoral Amendment Act 2020 (2020 No 2).

195AAdjournment of poll on polling day1The Chief Electoral Officer may direct that the voting at 1 or more polling places on polling day be adjourned because of an unforeseen or unavoidable disruption.2Voting may be adjourned on the direction of the Chief Electoral Officer for—

aan initial period of no more than 3 days; and

b1 or more subsequent periods of no more than 7 days each.

3Before making a direction under subsection (2)(b) adjourning the voting for a subsequent period, the Chief Electoral Officer must—

aconsult—

ithe Prime Minister; and

iithe Leader of the Opposition; and

iiiany person or organisation that in the Chief Electoral Officer’s opinion is able to give information about the scale and duration of the unforeseen or unavoidable disruption; and

bbe satisfied that the adjournment is necessary in all the circumstances.

4The Chief Electoral Officer must, as soon as is reasonably practicable after making a direction under subsection (2)(a), notify the following persons of the adjournment:

athe Prime Minister; and

bthe Leader of the Opposition.

5The Chief Electoral Officer must, as soon as is reasonably practicable after making a direction under subsection (2)(a) or (b), give public notice of the adjournment in any manner that the Chief Electoral Officer considers appropriate.6If voting at 1 or more polling places is adjourned under this section for any number of days, the day on or before which the writ must be returned is postponed by the same number of days.

Section 195A: inserted, on 11 March 2020, by section 17 of the Electoral Amendment Act 2020 (2020 No 2).

195BAlternative voting processes to respond to polling disruption1This section applies if—

aan unforeseen or unavoidable disruption occurs at 1 or more advance polling places that may reasonably be expected to continue until polling day; or

ban unforeseen or unavoidable disruption occurs at 1 or more polling places on polling day.

2The Chief Electoral Officer may manage an unforeseen or unavoidable disruption to which this section applies by using alternative voting processes if the Chief Electoral Officer considers that doing so is the most appropriate and efficient way to address the disruption.3The alternative voting processes referred to in subsection (2) may modify or adapt any requirements, processes, or procedures specified by or prescribed under this Act (for example, the Chief Electoral Officer may extend the polling hours, or extend to voters in New Zealand the procedure for the electronic issue of voting papers that is available to voters outside New Zealand).4

Section 195B: inserted, on 11 March 2020, by section 17 of the Electoral Amendment Act 2020 (2020 No 2).

Section 195B(4): repealed, on 20 December 2025, by section 42 of the Electoral Amendment Act 2025 (2025 No 82).

195CMatters Chief Electoral Officer must have regard to when exercising discretion under section 195A or 195BWhen considering whether to exercise his or her discretion under section 195A or 195B, the Chief Electoral Officer must have regard to the following matters:

athe need to ensure the safety of voters and electoral officials; and

bthe need to ensure that the election process is free from corrupt or illegal practices; and

cthe need to ensure that the election process is concluded in a timely and expeditious manner.

Section 195C: inserted, on 11 March 2020, by section 17 of the Electoral Amendment Act 2020 (2020 No 2).

195DDeferral of release of information about result of preliminary count of votes at polling place if close of poll delayed1If, as a result of an unforeseen or unavoidable disruption, the close of the poll at any polling place is delayed, the Chief Electoral Officer must not disclose any information about the results of a preliminary count of votes cast at that polling place, or any other polling place, until the close of the poll at all polling places.2However, the Chief Electoral Officer may disclose that information if he or she considers that the disclosure of the information will not unduly influence—

athe overall result of the poll in an electoral district; or

bthe number of seats in Parliament that a party is entitled to be allocated under sections 191 and 192, and the selection of list candidates under section 193.

3A person commits an offence and is guilty of a corrupt practice if—

athe person knows that,—

ias a result of an unforeseen or unavoidable disruption, the close of the poll at any polling place has been delayed; and

iithe Chief Electoral Officer has not disclosed the results of a preliminary count of votes cast at that polling place or any other polling place; and

bthe person discloses information about those results.

4Subsection (3) does not apply to disclosures of information between—

aelectoral officials; or

bmembers of the Electoral Commission; or

celectoral officials and members of the Electoral Commission.

Section 195D: inserted, on 11 March 2020, by section 17 of the Electoral Amendment Act 2020 (2020 No 2).

195EInterfering with or influencing voters at resumed pollIf, under section 195A, voting at any polling place is adjourned, then, when polling resumes at that polling place or any alternative polling place and until the close of the poll at that place,—

asection 197(1)(i) and (j) applies with all necessary modifications as if references in those paragraphs to any polling place were references to the polling place at which polling has resumed; and

bsection 197A applies with all necessary modifications as if—

ireferences in that section to an advance polling place were references to the polling place at which polling has resumed; and

iireferences in that section to a buffer zone for the advance polling place were references to the buffer zone for the polling place at which polling has resumed.

Section 195E: inserted, on 11 March 2020, by section 17 of the Electoral Amendment Act 2020 (2020 No 2).

Section 195E(b)(i): amended, on 20 December 2025, by section 43 of the Electoral Amendment Act 2025 (2025 No 82).

Section 195E(b)(ii): amended, on 20 December 2025, by section 43 of the Electoral Amendment Act 2025 (2025 No 82).

Custody of ballot papers196Obligation of persons in possession of ballot papers1Every person who is, other than for the purpose of recording his or her vote, in possession of 1 or more ballot papers must—

atake all reasonable steps to ensure the safe custody of the ballot papers; and

bdeal with the ballot papers in accordance with—

iany applicable provisions of this Act or regulations made under this Act; and

iiin the case of an electoral official or a polling place official, any applicable directions given under section 20A or section 158A; and

iiiin the case of a person involved in performing or assisting with the performance of a contract with an electoral official or a polling place official, the terms of the relevant contract and any instructions given by or on behalf of the official.

2Subsection (1) applies to a person involved in performing or assisting with the performance of a contract for the carriage of ballot papers only if the person is aware of that fact or, because of indications on the box, parcel, or packet in which the ballot papers are contained, ought to be aware of the fact.3Whenever ballot papers are delivered to a Returning Officer by or on behalf of the printer who has printed the ballot papers,—

athe Returning Officer must give or send the printer a receipt specifying the total number of ballot papers received by the Returning Officer; and

bthe printer must see that all copies of ballot papers other than those delivered to the Returning Officer are immediately destroyed.

4Every person commits an offence and is liable on conviction to a fine of $2,000 who fails to comply with a requirement imposed on the person by this section.

Section 196: substituted, on 28 February 2002, by section 79 of the Electoral Amendment Act 2002 (2002 No 1).

Section 196(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

196AUnlawful possession of ballot paper1Every person is liable on conviction to a fine not exceeding $2,000 who, without authority under this Act or regulations made under this Act, obtains possession of any ballot paper.2Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who retains any ballot paper in his or her possession after leaving a polling place.

Section 196A: inserted, on 28 February 2002, by section 79 of the Electoral Amendment Act 2002 (2002 No 1).

Section 196A(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 196A(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Offences at elections197Interfering with or influencing voters1Every person commits an offence and shall be liable on conviction to a fine not exceeding $20,000 who at an election—

ain any way interferes with any elector, either in the polling place or while the elector is on the way to the polling place with the intention of influencing the elector or advising the elector as to the elector’s vote:

bat any time on polling day before the close of the poll in or in view or hearing of any public place holds or takes part in any demonstration or procession having direct or indirect reference to the poll by any means whatsoever:

cat any time on polling day before the close of the poll makes any statement having direct or indirect reference to the poll by means of any loudspeaker or public address apparatus or cinematograph or television apparatus:provided that this paragraph shall not restrict the publication by radio or television broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989 of—

iany advertisement placed by the Electoral Commission or a Returning Officer; or

iiany non-partisan advertisement broadcast, as a community service, by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989; or

iiiany news in relation to an election:

dat any time before the close of the poll, conducts in relation to the election a public opinion poll of persons voting before polling day:

eat any time on polling day before the close of the poll, conducts a public opinion poll in relation to the election:

fat any time on polling day before the close of the poll, or at any time on any of the 3 days immediately preceding polling day, prints or distributes or delivers to any person anything being or purporting to be in imitation of any ballot paper to be used at the poll and having thereon the names of the candidates or the parties or any of them, together with any direction or indication as to the candidate or party for whom or for which any person should or should not vote, or in any way containing any such direction or indication, or having thereon any matter likely to influence any vote:

gat any time on polling day before the close of the poll exhibits in or in view of any public place, or publishes, or distributes, or broadcasts,—

iany statement advising or intended or likely to influence any elector as to the candidate or party for whom the elector should or should not vote; or

iiany statement advising or intended or likely to influence any elector to abstain from voting; or

iiiany party name, emblem, slogan, or logo; or

ivany ribbons, streamers, rosettes, or items of a similar nature in party colours:

provided that this paragraph shall not apply to any statement, name, emblem, slogan, or logo in a newspaper published before 6 pm on the day before polling day:provided also that where any statement, name, emblem, slogan, or logo which does not relate specifically to the election campaign and which is so exhibited before polling day in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party or a member of Parliament’s out-of-Parliament office, it shall not be an offence to leave the statement, name, emblem, slogan, or logo so exhibited on polling day:provided further that this paragraph shall not restrict the publication of any party name in any news which relates to an election and which is published in a newspaper or other periodical or in a radio or television broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989:provided further that this paragraph shall not apply to ribbons, streamers, rosettes, or items of a similar nature, which are worn or displayed by any person (not being an electoral official) on his or her person or on any vehicle in party colours or to a party lapel badge worn by any person (not being an electoral official):

hat any time on polling day before the close of the poll prints or distributes or delivers to any person any card or paper (whether or not it is an imitation ballot paper) having thereon the names of the candidates or the parties or any of them:

iexhibits or leaves in any polling place any card or paper having thereon any direction or indication as to how any person should vote or as to the method of voting:

jsubject to any regulations made under this Act, at any time on polling day before the close of the poll, within, or at the entrance to, or in the vicinity of, any polling place,—

igives or offers to give any person any written or oral information derived from a main or supplementary roll as to any name or number on the main roll or any supplementary roll being used at the election:

iipermits or offers to permit any person to examine any copy of the main roll or any supplementary roll being used at the election:

kin respect of an advance polling place or a buffer zone, as defined in section 197A(10), does any of the things prohibited in that section.

2It shall be a defence to a prosecution for an offence against subsection (1)(g) that relates to the exhibition in or in view of a public place of a statement, name, emblem, slogan, or logo, if the defendant proves that—

athe exhibition was inadvertent; and

bthe defendant caused the exhibition to cease as soon as the defendant was notified by a Returning Officer or a manager of the polling place that the exhibition was taking place.

2AIt is a defence to a prosecution for an offence against paragraph (g) of subsection (1) that relates to the publication on an Internet web site of a statement or other material specified in that paragraph, if the defendant proves that—

athe statement or material was placed on the web site before polling day; and

bthe defendant did not operate or permit the operation of systems that cause the statement or material on the web site to be made available, on polling day, to persons other than persons who voluntarily access the web site; and

cthe defendant did not, on polling day, distribute, broadcast, or exhibit in or in view of a public place, or publish, or at any time cause to be published, in an issue of a newspaper or magazine that is first issued on polling day any material promoting or advertising the web site.

2BIt is a defence to a prosecution for an offence against subsection (1)(k) that relates to the exhibition of a statement, name, emblem, slogan, or logo in an advance polling place or a buffer zone if the defendant proves that—

athe exhibition was inadvertent; and

bthe defendant caused the exhibition to cease as soon as the defendant was notified by the Electoral Commission or a manager of the advance polling place that the exhibition was taking place.

3Nothing in this section shall apply to any official statement or announcement made or exhibited under the authority of this Act.1956 No 107 s 127; 1990 No 1 s 65(1)

Section 197(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 197(1): amended, on 20 December 2007, by section 20 of the Electoral Amendment Act 2007 (2007 No 113).

Section 197(1)(a): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 197(1)(c)(i): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 197(1)(f): amended, on 6 December 1995, by section 69(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 197(1)(g): amended, on 21 March 2017, by section 95(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 197(1)(h): amended, on 6 December 1995, by section 69(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 197(1)(i): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 197(1)(k): inserted, on 21 March 2017, by section 95(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 197(1)(k): amended, on 20 December 2025, by section 44 of the Electoral Amendment Act 2025 (2025 No 82).

Section 197(2)(b): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 197(2A): inserted, on 28 February 2002, by section 80 of the Electoral Amendment Act 2002 (2002 No 1).

Section 197(2B): inserted, on 21 March 2017, by section 95(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 197(2B): amended, on 20 December 2025, by section 44 of the Electoral Amendment Act 2025 (2025 No 82).

197AInterfering with or influencing advance voters1A person must not do any of the things listed in subsection (2) in an advance polling place or in a buffer zone for that advance polling place while the advance polling place is open for voting.2A person must not—

ahold or take part in a demonstration or procession having direct or indirect reference to the poll; or

bmake a statement that contains a direct or indirect reference to the poll by means of a loudspeaker, public address apparatus, cinematograph, or television apparatus; or

cexhibit, publish, distribute, or broadcast—

ia statement advising or intended or likely to influence an elector as to the candidate or party for whom the elector should or should not vote; or

iia statement advising or intended or likely to influence an elector to abstain from voting; or

iiia party name, emblem, slogan, or logo; or

ivany ribbons, streamers, rosettes, or items of a similar nature in party colours.

3Despite subsections (1) and (2), a person may do the things allowed by subsections (4) to (7) in an advance polling place or in a buffer zone for that advance polling place while the advance polling place is open for voting.4A person may make a statement described in subsection (2)(b) if the statement is a publication by radio or television broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989 of—

aan advertisement placed by the Electoral Commission; or

ba non-partisan advertisement broadcast, as a community service, by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989; or

cnews that relates to an election.

5A person may exhibit a statement, party name, emblem, slogan, or logo described in subsection (2)(c) if—

athe statement or thing does not relate specifically to the election campaign; and

bbefore the advance polling place is first opened, the statement or thing is exhibited in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party.

6A person may wear, or display on a vehicle, ribbons, streamers, rosettes, or other items of a similar nature in party colours if the person is not an electoral official.7A person may wear a party lapel badge if the person is not an electoral official.8Nothing in this section applies to an official statement or announcement made or exhibited under the authority of this Act.9The Electoral Commission may, at any time during the period when an advance polling place is maintained, cause to be removed or obliterated from the advance polling place or the buffer zone statements or things referred to in section 198(1)(a) to (c), subject to section 198(2) and (3).10In this section,—

buffer zone means the area within 10 metres of any entrance, or any smaller buffer zone specified by the Electoral Commission for a particular advance polling place

entrance means an entrance, used by voters, to the area of the advance polling place where voting papers are being issued, and the Electoral Commission may specify an entrance for a particular advance polling place.

Section 197A: inserted, on 21 March 2017, by section 96 of the Electoral Amendment Act 2017 (2017 No 9).

Section 197A(1): amended, on 20 December 2025, by section 45(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 197A(3): amended, on 20 December 2025, by section 45(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 197A(5)(b): amended, on 20 December 2025, by section 45(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 197A(9): amended, on 20 December 2025, by section 45(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 197A(10)

advance voting place: repealed, on 20 December 2025, by section 45(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 197A(10)

buffer zone: amended, on 20 December 2025, by section 45(3) of the Electoral Amendment Act 2025 (2025 No 82).

Section 197A(10)

entrance: amended, on 20 December 2025, by section 45(4) of the Electoral Amendment Act 2025 (2025 No 82).

198Power to remove statements, names, emblems, slogans, or logos1The Returning Officer may at any time on polling day before the close of the poll cause to be removed or obliterated—

aany statement advising or intended or likely to influence any elector as to the candidate or party for whom the elector should or should not vote; or

bany statement advising or intended or likely to influence any elector to abstain from voting; or

cany party name, emblem, slogan, or logo,—

which is exhibited in or in view of any public place.2Nothing in subsection (1)(c) shall apply to ribbons, streamers, rosettes, or items of a similar nature which are worn or displayed by any person (whether on his or her person or on any vehicle) in his or her party’s colours or to a party lapel badge worn by any person.3Nothing in subsection (1) shall apply to a statement, party name, emblem, slogan, or logo which does not relate specifically to the election campaign and which was so exhibited before polling day in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party.1956 No 107 s 127A(1)–(3); 1981 No 120 s 40(1); 1990 No 1 s 66199Recovery of expensesAll expenses incurred by the Electoral Commission in exercising the powers conferred by sections 197A(9) and 198(1) may be recovered by the Electoral Commission from the persons by whom or by whose direction the statement, name, emblem, slogan, or logo was exhibited, as a debt due by them jointly and severally to the Crown.1956 No 107 s 127A(4); 1981 No 120 s 40(1)

Section 199: amended, on 21 March 2017, by section 97 of the Electoral Amendment Act 2017 (2017 No 9).

199APublishing false statements to influence voters1A person is guilty of a corrupt practice if the person, with the intention of influencing the vote of an elector,—

afirst publishes or republishes a statement, during the specified period, that the person knows is false in a material particular; or

barranges for the first publication or republication of a statement, during the specified period, that the person knows is false in a material particular.

2Subsection (1) does not apply if—

athe statement was first published before the specified period and remains available or accessible within all or part of the specified period; but

bthe person did not, during the specified period, by any means,—

iadvertise or draw attention to the statement; or

iipromote or encourage any person to access the statement.

3In this section,—

publish, in relation to a statement, means to bring to the notice of a person in any manner,—

aincluding by—

idisplaying on any medium:

iidistributing by any means:

iiidelivering to an address:

ivleaving at a place:

vsending by post or otherwise:

viprinting in a newspaper or other periodical:

viibroadcasting by any means:

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

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

xincorporating in a device for use with a computer:

xiinserting in a film or video; but

bexcluding addressing 1 or more persons face to face

specified period means the period—

abeginning 2 days immediately before polling day; and

bending with the close of the poll.

Section 199A: replaced, on 21 March 2017, by section 98 of the Electoral Amendment Act 2017 (2017 No 9).

200Erasing and altering official mark on ballot paperEvery person shall be liable on conviction to a fine not exceeding $2,000 who erases, obliterates, or alters any official mark, stamp, or writing on any ballot paper, or places thereon any writing, print, or other matter which might lead persons to believe that it was put thereon by any official or person duly authorised in that behalf.1956 No 107 s 129; 1990 No 1 s 67(1)

Section 200: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 200: amended, on 6 December 1995, by section 70 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

201Offences in respect of ballot papers and ballot boxes1Every person commits an offence against this section who—

aforges, or counterfeits, or fraudulently defaces, or fraudulently destroys any ballot paper, or the official mark on any ballot paper:

bwithout due authority supplies any ballot paper to any person:

cfraudulently puts into any ballot box any paper other than the ballot paper that he or she is authorised by law to put therein:

dfraudulently takes out of a polling place any ballot paper:

ewithout due authority destroys, takes, opens, or otherwise interferes with any ballot box, or box or packet or parcel of ballot papers, then in use for the purposes of an election, or in course of transmission by post or otherwise, or thereafter whenever the same may be kept as a record of the election.

2Every person who commits an offence against this section shall be liable on conviction,—

aif a Returning Officer or a polling place official in attendance at a polling place, to imprisonment for a term not exceeding 2 years:

bif any other person, to imprisonment for a term not exceeding 6 months.

3Every person who attempts to commit any offence against this section shall be liable on conviction to imprisonment for a term not exceeding one-half of the longest term to which a person committing the offence may be sentenced.4Every person who commits an offence against this section or who attempts to commit an offence against this section is guilty of a corrupt practice.1956 No 107 s 130; 1990 No 1 s 68

Section 201(1)(a): amended, on 6 December 1995, by section 71(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 201(1)(b): amended, on 6 December 1995, by section 71(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 201(1)(c): amended, on 6 December 1995, by section 71(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 201(1)(d): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 201(1)(d): amended, on 6 December 1995, by section 71(1) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 201(1)(e): amended, on 6 December 1995, by section 71(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 201(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 201(2)(a): substituted, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 201(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

202Property to be stated as being in Electoral CommissionIn any prosecution for an offence in relation to any ballot boxes, ballot papers, or marking instruments at an election, the property in the boxes, ballot papers, and instruments may be stated as being in the Electoral Commission.1956 No 107 s 131

Section 202 heading: amended, on 21 March 2017, by section 99(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 202: amended, on 21 March 2017, by section 99(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 202: amended, on 6 December 1995, by section 72 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

203Infringement of secrecy1Every electoral official, polling place official, scrutineer, or other person appointed for the purposes of this Act shall use or disclose information acquired by him or her in that capacity only in accordance with his or her official duty or his or her duty as a scrutineer, as the case may require.2No person, except for some purpose authorised by law, shall—

ainterfere with or attempt to interfere with a voter when marking his or her vote:

battempt to obtain in a polling place information as to the candidate for whom or the party for which a voter in the polling place is about to vote or has voted:

ccommunicate at any time to any person any information obtained in a polling place as to the candidate for whom or the party for which any voter at the polling place is about to vote or has voted, or as to the consecutive number on the ballot paper given to any voter at the polling place.

3Every person in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not communicate any information obtained at the counting as to the candidate for whom or the party for which any vote is given in any particular ballot paper.4No person shall directly or indirectly induce any voter to display his or her ballot paper after he or she has marked it, so as to make known to any person the name of any candidate for or against whom he or she has voted or the name of the party for which he or she has voted.1956 No 107 s 132(1)–(4); 1983 No 104 s 20

Section 203(1): amended, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 203(2)(b): substituted, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 203(2)(c): substituted, on 28 February 2002, by section 101(1) of the Electoral Amendment Act 2002 (2002 No 1).

Section 203(4): amended, on 6 December 1995, by section 73(2) of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

204Infringement of secrecy constitutes corrupt practiceEvery person who commits an offence against section 203 is guilty of a corrupt practice.1956 No 107 s 132(5); 1990 No 1 s 696AAElection advertising

Part 6AA: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Interpretation provisions

Heading: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

204AInterpretationIn this Part, unless the context otherwise requires,—

address means—

ain relation to an individual,—

ithe full street address of the place where that individual usually lives; or

iithe full street address of any other place where that individual can usually be contacted between the hours of 9 am and 5 pm on any working day:

bin relation to a body corporate or unincorporated,—

ithe full street address of the body's principal place of business; or

iithe full street address of the body's head office

contact details, in relation to a person, means 1 or more of the following:

athe person’s address:

bthe person’s email address:

cthe person’s post office box number:

dthe person’s phone number:

ea link to a page on an internet site that contains 1 or more of the person’s contact details specified in paragraphs (a) to (d)

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

promoter means a person who initiates or instigates an election advertisement that—

ais published; or

bis to be published

registered promoter—

ameans a promoter who is registered under section 204N; and

bincludes a promoter who at any time in the regulated period has been registered under section 204N

unregistered promoter means a promoter who is not—

aa registered promoter; or

ba constituency candidate; or

ca list candidate; or

da party; or

ea person involved in the administration of—

ithe affairs of a candidate in relation to the candidate's election campaign; or

iithe affairs of a party.

Section 204A: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 204A

contact details: replaced, on 1 January 2026, by section 128 of the Electoral Amendment Act 2025 (2025 No 82).

1General rules governing election advertisements

Subpart 1: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

204BPersons who may promote election advertisements1A person is entitled to promote an election advertisement if the person is—

aa party secretary:

ba candidate:

ca registered promoter:

dan unregistered promoter who does not incur advertising expenses exceeding the amount published on the Electoral Commission’s internet site under section 266A in relation to election advertisements published during the regulated period.

2The amount published on the Electoral Commission’s internet site is inclusive of goods and services tax.3Every person who wilfully promotes an election advertisement without being entitled to do so under subsection (1) is guilty of an illegal practice.2007 No 111 s 63(3), (4)

Section 204B: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 204B(1)(d): replaced, on 20 December 2025, by section 50(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 204B(2): replaced, on 20 December 2025, by section 50(2) of the Electoral Amendment Act 2025 (2025 No 82).

204CApportionment of advertising expenses for publication of election advertisement promoted by unregistered promoter both before and during regulated period1This section applies if an election advertisement that is promoted by an unregistered promoter—

ais published both before the commencement of the regulated period and during the regulated period; or

bis published before the commencement of the regulated period and continues to be published during the regulated period.

2If this section applies,—

athe election advertisement is deemed to have been published during the regulated period; but

bthe advertising expenses for the publication of the election advertisement must be apportioned so that only a fair proportion of the expenses is attributed to being incurred during the regulated period.

3Only the advertising expenses attributed to being incurred during the regulated period determined in accordance with subsection (2) are advertising expenses for the purposes of section 204B(1)(d).1993 No 87 ss 205C, 206C (pre-1 January 2011)

Section 204C: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

204DOffence to avoid limit set out in section 204B(1)(d)1An unregistered promoter may not enter into an agreement, or enter into an arrangement or understanding, with any other person for the purpose of circumventing the maximum amount prescribed in section 204B(1)(d).2A body corporate or unincorporated may not encourage its members to take any action for the purpose of circumventing the maximum amount prescribed in section 204B(1)(d).3No person may incorporate or form 2 or more bodies corporate or unincorporated for the purpose of circumventing the maximum amount prescribed in section 204B(1)(d).4Every person who wilfully contravenes subsection (1), (2), or (3) is guilty of an illegal practice.2007 No 111 s 64

Section 204D: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

204EObligation to retain records necessary to verify promoter's advertising expenses1This section applies to a promoter who—

ais an unregistered promoter:

bat any time during the regulated period has been an unregistered promoter.

2A promoter to whom this section applies must take all reasonable steps to retain the records, documents, and accounts that are necessary to enable verification of the advertising expenses incurred as an unregistered promoter in relation to an election advertisement.3Subsection (2) applies until the close of the day that is 3 years after polling day for the election to which the advertisement relates.4Every promoter who fails, without reasonable excuse, to comply with subsection (2) commits an offence and is liable on conviction to a fine not exceeding $40,000.

Section 204E: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 204E(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

204FElection advertisement to include promoter statement1A person may publish or cause or permit to be published an election advertisement only if the advertisement includes a promoter statement.2A promoter statement referred to in subsection (1) must state the name and contact details of the promoter of the election advertisement.3If the promoter is a registered promoter, the name of the promoter stated in the promoter statement must be the same name of the promoter that appears in the register.4If the promoter is an unregistered promoter and is a body corporate or unincorporated, the promoter statement must also include the name of a member of the body who is the duly authorised representative of the promoter.5If the election advertisement is published in a visual form, the promoter statement must be clearly displayed in the advertisement.6If the election advertisement is published only in an audible form, the promoter statement when published must be no less audible than the other content of the advertisement.7A person who wilfully contravenes any of subsections (1) to (6) is guilty of an illegal practice.1993 No 87 s 221(2)(b), (3)(b), (4) (pre-1 January 2011)

Section 204F: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 204F(2): amended, on 1 January 2026, by section 129(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 204F(3): replaced, on 1 January 2026, by section 129(2) of the Electoral Amendment Act 2025 (2025 No 82).

204GPublication of candidate advertisement promoting candidate1A person may publish or cause or permit to be published a candidate advertisement that may reasonably be regarded as encouraging or persuading voters to vote for a constituency candidate only if the publication of the advertisement is authorised in writing by the candidate.2A person may publish or cause or permit to be published an election advertisement comprising 2 or more candidate advertisements of the kind described in subsection (1) only if the publication of the advertisement is authorised in writing by each of the candidates.3A person who wilfully contravenes subsection (1) or (2) is guilty of an illegal practice.1993 No 87 s 221(1)(a), (2)(a), (4), (5) (pre-1 January 2011)

Section 204G: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

204HPublication of party advertisement promoting party1A person may publish or cause or permit to be published a party advertisement that may reasonably be regarded as encouraging or persuading voters to vote for a party only if the publication of the advertisement is authorised in writing by the party secretary.2A person who wilfully contravenes subsection (1) is guilty of an illegal practice.1993 No 87 s 221(1)(b), (3), (4), (5) (pre-1 January 2011)

Section 204H: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

204IElectoral Commission to provide advice on application of definition of election advertisement1Any person (a requestor) may request the Electoral Commission to provide advice on whether, in the opinion of the Electoral Commission, an advertisement constitutes an election advertisement.2A request made under subsection (1) must be accompanied by the advertisement in the form required by the Electoral Commission.3On receipt of a request under subsection (1), the Electoral Commission must, as soon as is reasonably practicable, provide an opinion to the requestor.4During the period specified in subsection (6), the Electoral Commission must treat the following documents as confidential:

aan advertisement received under subsection (2):

bany supporting material made available by the requestor to the Electoral Commission:

cadvice given by the Electoral Commission to a requestor under subsection (3).

5Notwithstanding subsection (4), the Electoral Commission may, upon request or on its own initiative, make available to the New Zealand Police copies of the documents referred to in that subsection to assist with the investigation or prosecution of any offence or suspected offence relating to an election.6The period specified for the purposes of subsection (4) is, in relation to a document, the period that—

abegins on the day the Electoral Commission receives the document; and

bends on the day after the day for the return of the writ for the election to which the advertisement relates.

7Subsection (4) overrides the Official Information Act 1982 and the

Privacy Act 2020

Section 204I: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 204I(7): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).

204JDuty of Electoral Commission to report suspected offences1If the Electoral Commission believes that any person has committed an offence specified in this subpart, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police.2Subsection (1) does not apply if the Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police.

Section 204J: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

2Registered promoters

Subpart 2: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

204KPromoters eligible to be registeredA promoter (including a corporation sole, a body corporate, and an unincorporated body) is eligible to be a registered promoter if the promoter is not—

aa constituency candidate:

ba list candidate:

ca party:

dan overseas person as defined in section 207(2):

ea person involved in the administration of—

ithe affairs of a candidate in relation to the candidate's election campaign; or

iithe affairs of a party.

2007 No 111 s 13

Section 204K: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 204K(d): amended, on 1 January 2020, by section 4 of the Electoral Amendment Act 2019 (2019 No 72).

204LApplication for registration1An application to be a registered promoter must be made to the Electoral Commission and made,—

aif the promoter is an individual, by that individual; or

bif the promoter is a company, by a person who is duly authorised by the board of directors to make the application; or

cif the promoter is not an individual or a company, by the promoter's representative who is duly authorised by the promoter to make the application.

2An application to be a registered promoter must be made in the form required by the Electoral Commission and set out—

athe name, address, phone numbers, and email address (if any) of—

ithe promoter; and

iithe person described in subsection (1)(b) or (c) who made the application, if the promoter is not an individual; and

bthe names of the persons occupying a position in the body that is comparable with that of a director of a company, if the promoter is not an individual or a company; and

cthe names of the trustees, if the promoter is a trust.

3An application to be a registered promoter must be accompanied by evidence of the authority to make the application, if the application is made by a person described in subsection (1)(b) or (c).2007 No 111 s 15(2), (3)(a)

Section 204L: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 204L(2)(a): amended, on 1 January 2026, by section 130 of the Electoral Amendment Act 2025 (2025 No 82).

204MGrounds on which application for registration must be refusedThe Electoral Commission must refuse an application by a promoter to be registered if—

athe application does not comply with section 204L; or

bthe Electoral Commission is not satisfied that the promoter is eligible under section 204K to be registered; or

cthe name of the promoter is—

iindecent or offensive; or

iilikely to cause confusion or mislead electors.

1993 No 87 s 65(a), (c); 2007 No 111 s 17(1)(a), (c)

Section 204M: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

204NElectoral Commission's decision on application1If there are no grounds under section 204M to refuse an application by a promoter to be registered, the Electoral Commission must, as soon as is reasonably practicable after receiving the application,—

aregister the promoter; and

bnotify the person who made the application of the date of registration of the promoter.

2If there are grounds under section 204M to refuse an application, the Electoral Commission must, as soon as is reasonably practicable after receiving the application,—

arefuse the application; and

bnotify the person who made the application of the refusal and the reasons.

2007 No 111 s 18

Section 204N: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

204OObligation to notify Electoral Commission of change in registration detailsA registered promoter must give written notice to the Electoral Commission of any change in the information provided under section 204L(2) within 10 working days after the change.2007 No 111 s 19(1)

Section 204O: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 204O heading: amended, on 1 January 2026, by section 131 of the Electoral Amendment Act 2025 (2025 No 82).

204PCancellation of registration1The Electoral Commission must cancel the registration of a promoter if—

athe Electoral Commission is satisfied that the promoter is not eligible to be registered; or

bthe promoter—

irequests that it do so; and

iihas not incurred expenses in relation to election advertisements that exceed the amount specified in section 204B(1)(d).

2If the Electoral Commission cancels the registration of a promoter under subsection (1), the Electoral Commission must, as soon as is reasonably practicable, and in any case not later than 10 working days after the date of the cancellation, give the promoter written notice of—

athe cancellation; and

bthe reason for the cancellation.

2007 No 111 s 20

Section 204P: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

204QExpiry of registrationUnless earlier cancelled under section 204P, a promoter's registration expires on the close of polling day for the next election following the date of the promoter's registration.

Section 204Q: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

204REstablishment of register1The Electoral Commission must establish and maintain a register of registered promoters.2The Electoral Commission must enter in the register in respect of every registered promoter—

athe name of the registered promoter; and

bthe address of the registered promoter; and

cthe names of the persons set out in the promoter's application, if any, provided under section 204L(2)(a)(ii), (b), and (c).

3The Electoral Commission may enter in the register any other information that the Electoral Commission considers necessary or desirable for the purposes of the register.

Section 204R: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

204SPurposes of registerThe purposes of the register are—

ato enable members of the public to ascertain—

iwhether a person is a registered promoter and, if so, the address of that person; and

iiwhether an election advertisement is promoted by a registered promoter; and

bto assist with the enforcement of the provisions of this Part.

Section 204S: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

204TForm of registerThe register may be kept—

aas an electronic register (for example, on the Electoral Commission's Internet site); or

bin any other manner that the Electoral Commission thinks fit.

Section 204T: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

204UAlterations to registerThe Electoral Commission may at any time make any amendments to the register that are necessary to—

areflect any changes in the information referred to in section 204O; or

bcorrect any error or omission on the part of the Electoral Commission or any person to whom the Electoral Commission has delegated its functions, duties, or powers.

Section 204U: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

204VRegister to be publicThe Electoral Commission must—

amake the register available for public inspection at its office during ordinary office hours, without fee; and

bsupply to a person copies of all or part of the register on request, subject to the payment of any charges that may be made under the

Official Information Act 1982

Section 204V: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

204WSearch of registerA person may search the register for a purpose set out in section 204S.

Section 204W: inserted, on 1 January 2011, by section 7 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

204XWhen search constitutes interference with privacy of individualA search of the register for personal information that has not been carried out for a purpose specified in section 204S constitutes an action that is an interference with the privacy of an individual under section 69 of the Privacy Act 2020.

Section 204X: replaced, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).

6AElection expenses, donations, and annual financial statements

Part 6A: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Part 6A heading: replaced, on 1 January 2023, by section 28 of the Electoral Amendment Act 2022 (2022 No 80).

1Election expenses of candidates

Subpart 1: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Subpart 1 heading: substituted, on 1 January 2011, by section 8 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

205Interpretation and application1In this subpart, unless the context otherwise requires,—

advertising expenses has the meaning given to it by section 3E

candidate advertisement has the meaning given to it by section 3(1)

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

election expenses, in relation to a candidate,—

ameans the advertising expenses incurred in relation to a candidate advertisement that—

iis published, or continues to be published, during the regulated period; and

iiis promoted by—

Athe candidate; or

Bany person (including a registered promoter) authorised by the candidate; and

bincludes—

iany election expense of an election advertisement that is apportioned to a candidate under section 205E or 205EA; and

iias required by section 40 of the Electoral Referendum Act 2010, any referendum expenses incurred in relation to an advertisement that comprises both—

Aa candidate advertisement; and

Ba referendum advertisement (within the meaning of section 31 of the Electoral Referendum Act 2010)

party advertisement has the meaning given to it by section 3(1).

2For the purposes of the definition of election expenses, it is immaterial whether an election expense is paid or incurred before, during, or after the regulated period.3Nothing in sections 205K to 205R applies to a person who has not been nominated as a candidate for a seat in the House of Representatives.

Section 205: substituted, on 1 January 2011, by section 8 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

205APersons who may incur election expenses in relation to candidate advertisementAn election expense in relation to a candidate advertisement may only be incurred by—

aa candidate; or

ba party secretary in relation to an election advertisement described in section 205EA; or

ca promoter authorised by the candidate under section 204G.

Section 205A: substituted, on 1 January 2011, by section 8 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

205BOffence to incur unauthorised election expenseEvery person is guilty of—

aa corrupt practice who wilfully contravenes section 205A; and

ban illegal practice who contravenes section 205A in any other case.

2007 No 111 s 75

Section 205B: substituted, on 1 January 2011, by section 8 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

205CMaximum amount of candidate’s total election expenses1The total election expenses of a candidate in respect of any regulated period for a general election must not exceed the amount published on the Electoral Commission’s internet site under section 266A.2The total election expenses of a candidate in respect of any regulated period for a by-election must not exceed the amount published on the Electoral Commission’s internet site under section 266A.3The amounts published on the Electoral Commission’s internet site are inclusive of goods and services tax.

Section 205C: replaced, on 20 December 2025, by section 51 of the Electoral Amendment Act 2025 (2025 No 82).

205DApportionment of advertising expenses for publication of candidate advertisement both before and during regulated period1This section applies if a candidate advertisement—

ais published both before the commencement of the regulated period and during the regulated period; or

bis published before the commencement of the regulated period and continues to be published during the regulated period.

2If this section applies,—

athe candidate advertisement is deemed to have been published during the regulated period; but

bthe advertising expenses for the publication of the candidate advertisement must be apportioned so that only a fair proportion of the expenses is attributed to being incurred during the regulated period.

3Only the advertising expenses attributed to being incurred during the regulated period in accordance with subsection (2) are election expenses.1993 No 87 s 205C (pre-1 January 2011)

Section 205D: substituted, on 1 January 2011, by section 8 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

205EApportionment of election expenses of election advertisement between candidates1This section applies if an election advertisement comprises 2 or more candidate advertisements.2If this section applies, the election expenses of the election advertisement must be apportioned among the candidates in proportion to the coverage the advertisement provides to each candidate.3For the purposes of this section,—

aelection expenses of the election advertisement means the total of the election expenses of all of the candidate advertisements comprised in the election advertisement; and

bthe coverage provided by an election advertisement must be calculated in such a manner as is appropriate in relation to the form of the advertisement.

4Only the expenses apportioned to a candidate in accordance with this section are election expenses of that candidate.1993 No 87 s 205D (pre-1 January 2011)

Section 205E: substituted, on 1 January 2011, by section 8 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

205EAApportionment of election expenses of election advertisement between candidate and party1This section applies if an election advertisement comprises both—

aa candidate advertisement; and

ba party advertisement.

2If this section applies, the election expenses of the election advertisement must be apportioned between the candidate and the party in proportion to the coverage the advertisement provides to the candidate and to the party.3For the purposes of this section,—

aelection expenses of the election advertisement means the advertising expenses incurred in relation to both the candidate advertisement and the party advertisement; and

bthe coverage provided by an election advertisement must be calculated in such a manner as is appropriate in relation to the form of the election advertisement.

4Only the expenses apportioned to the candidate in accordance with this section are election expenses of the candidate.

Section 205EA: inserted, on 1 January 2011, by section 8 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

205FOffence to pay election expenses in excess of prescribed maximum1This section applies to any candidate or other person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any election expenses any sum in excess of either of the maximum amounts prescribed by section 205C.2The candidate or other person is guilty of—

aa corrupt practice if he or she knew the payment was in excess of the prescribed maximum amount; or

ban illegal practice in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the election expenses did not exceed the prescribed maximum amount.

3Every person who enters into an agreement or enters into an arrangement or understanding with any other person for the purpose of circumventing either of the maximum amounts prescribed in section 205C is guilty of a corrupt practice.1993 No 87 s 213(3) (pre-20 December 2007); 2007 No 111 s 81

Section 205F: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 205F(1): amended, on 17 August 2011, by section 21 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 205F(3): added, on 1 January 2011, by section 9 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

205GPeriods for claiming and paying candidate's election expenses1A claim for any election expenses against a candidate is recoverable only if it is sent to the candidate within 20 working days after the day on which the declaration required by section 179(2) is made.2A claim that is sent to a candidate in accordance with subsection (1) must be paid within 40 working days after the day on which that declaration is made, and not otherwise.3A person who makes a payment in breach of this section is guilty of an illegal practice.4This section is subject to sections 205H and 205I.1993 No 87 s 206 (pre-20 December 2007); 2007 No 111 s 82

Section 205G(1): amended, on 1 January 2011, by section 10 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 205G: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

205HProcedure if claim disputed1If a candidate, in the case of a claim for election expenses sent to a candidate within the period specified in section 205G(1), disputes the claim, or fails to pay the claim within the period of 40 working days specified in section 205G(2), then—

athe claim is to be treated as a disputed claim; and

bthe claimant may, if he or she thinks fit, within 20 working days after the expiry of that period of 40 working days, bring an action for the disputed claim in any court of competent jurisdiction.

2Any sum paid by the candidate in accordance with a judgment or order of the court in any such action is to be treated as paid within the period specified in section 205G(2).1993 No 87 s 207 (pre-20 December 2007); 2007 No 111 s 83

Section 205H: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

205ILeave to pay claim after time limitation1On the application of a claimant or a candidate, the District Court may make an order granting leave to the candidate to pay—

aa claim for election expenses sent after the period specified in section 205G(1); or

ba claim not paid in the period specified in section 205G(2); or

ca disputed claim in respect of which an action was not brought within the period specified in section 205H(1)(b).

2Any sum paid by the candidate in accordance with an order made under subsection (1) is to be treated as having been paid within the period specified in section 205G(2).1993 No 87 s 208 (pre-20 December 2007); 2007 No 111 s 84

Section 205I: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 205I(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

205JInvoice and receipt required for election expenses of $50 or moreEvery payment made in respect of any election expenses of a candidate, other than a payment that is less than $50, must be vouched by an invoice stating the particulars and by a receipt.1993 No 87 s 209 (pre-20 December 2007); 2007 No 111 s 85

Section 205J: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

205KReturn of candidate's election expenses1Within 70 working days after polling day, a candidate must file a return of election expenses with the Electoral Commission.2A return under subsection (1) must be in the form required by the Electoral Commission.1993 No 87 s 210(1)(a), (2) (pre-20 December 2007); 2007 No 111 s 86

Section 205K: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 205K(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 205K(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

205LNil returnIf a candidate considers that there is no relevant information to disclose under section 205K, the candidate must file a nil return under that section.2007 No 111 s 87

Section 205L: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

205MReturn may be filed after time limitation if candidate outside New Zealand1This section applies to a candidate who is outside New Zealand on the day on which the declaration required by section 179(2) is made (election result day).2The candidate must file a return of election expenses with the Electoral Commission within 85 working days after election result day.3A return filed by the candidate in accordance with subsection (2) is deemed to be filed within the time period specified in section 205K(1).1993 No 87 s 210(3) (pre-20 December 2007)

Section 205M: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 205M(1): amended, on 25 March 2014, by section 29(1) of the Electoral Amendment Act 2014 (2014 No 8).

Section 205M(2): replaced, on 25 March 2014, by section 29(2) of the Electoral Amendment Act 2014 (2014 No 8).

Section 205M(2): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

205NOffences relating to return of candidate's election expenses1A candidate commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of election expenses under section 205K during the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later (the late period).1AA candidate is guilty of a corrupt practice who, without reasonable excuse,—

afiles a return of election expenses under section 205K after the late period; or

bfails to file a return of election expenses under section 205K.

2A candidate who files a return under section 205K that is false in any material particular is guilty of—

aa corrupt practice if he or she filed the return knowing it to be false in any material particular; or

ban illegal practice in any other case unless the candidate proves that—

ihe or she had no intention to misstate or conceal the facts; and

iihe or she took all reasonable steps in the circumstances to ensure that the information was accurate.

3A person charged with an offence against subsection (2)(a) may be convicted of an offence against subsection (2)(b).1993 No 87 s 210(4)–(6) (pre-20 December 2007); 2007 No 111 s 88

Section 205N: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 205N(1): replaced, on 25 March 2014, by section 30 of the Electoral Amendment Act 2014 (2014 No 8).

Section 205N(1A): inserted, on 25 March 2014, by section 30 of the Electoral Amendment Act 2014 (2014 No 8).

205OObligation to retain records necessary to verify return of candidate's election expenses1A candidate must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable a return under section 205K to be verified are retained until the expiry of the period within which a prosecution may be commenced under this Act in relation to the return or in relation to any matter to which the return relates.2A candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000.1993 No 87 s 214L (pre-20 December 2007); 2007 No 111 s 89

Section 205O: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 205O(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

205PDuty of Electoral Commission1If the Electoral Commission believes that any person has committed an offence specified in this subpart, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police.2Subsection (1) does not apply if the Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police.1993 No 87 s 210(8) (pre-20 December 2007); 2007 No 111 s 90

Section 205P: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 205P heading: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 205P(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 205P(2): added, on 1 January 2011, by section 11 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

205QReturn of candidate's election expenses to be sent by Chief Electoral Officer to Electoral Commission

Section 205Q: repealed, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

205RReturn of candidate’s election expenses to be publicly availableDuring the public inspection period, the Electoral Commission must ensure that every return filed under section 205K is publicly available (free of charge) on the Electoral Commission’s internet site.

Section 205R: replaced, on 20 December 2025, by section 113 of the Electoral Amendment Act 2025 (2025 No 82).

205SUnlawful use of public money not validatedNothing in this subpart validates any use of public money that would otherwise be unlawful.1993 No 87 s 213(5) (pre-20 December 2007)

Section 205S: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

2Election expenses of parties

Subpart 2: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Subpart 2 heading: substituted, on 1 January 2011, by section 12 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

206Interpretation1In this subpart,—

advertising expenses has the meaning given to it by section 3E

allocation, in relation to a party, means an allocation of money made to the party under section 79 of the Broadcasting Act 1989

candidate advertisement has the meaning given to it by section 3(1)

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

election expenses, in relation to a party,—

ameans the advertising expenses incurred in relation to a party advertisement that—

iis published, or continues to be published, during the regulated period; and

iiis promoted by—

Athe party secretary; or

Bany person (including a registered promoter) authorised by the party secretary; and

bincludes—

iany election expense of an election advertisement that is apportioned to a party under section 206CB or 206CC; and

iias required by section 40 of the Electoral Referendum Act 2010, any referendum expenses incurred in relation to an advertisement that comprises both—

Aa party advertisement; and

Ba referendum advertisement (within the meaning of section 31 of the Electoral Referendum Act 2010); but

cexcludes the costs referred to in section 74(1) of the Broadcasting Act 1989 that are paid by the Electoral Commission out of money allocated to the party under section 79 of that Act.

party advertisement has the meaning given to it by section 3(1).

2For the purposes of the definition of election expenses, it is immaterial whether an election expense is paid or incurred before, during, or after the regulated period.

Section 206: substituted, on 1 January 2011, by section 12 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 206(1)

allocation: inserted, on 21 March 2017, by section 100 of the Electoral Amendment Act 2017 (2017 No 9).

Section 206(1)

election expenses paragraph (c): replaced, on 21 March 2017, by section 7 of the Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8).

206APersons who may incur election expenses in relation to party advertisementAn election expense in relation to a party advertisement may only be incurred by—

athe party secretary; or

ba candidate in relation to an election advertisement described in section 206CC; or

ca promoter authorised by the party secretary under section 204H.

Section 206A: substituted, on 1 January 2011, by section 12 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

206BOffence to incur unauthorised election expenseEvery person is guilty of—

aa corrupt practice who wilfully contravenes section 206A; and

ban illegal practice who contravenes section 206A in any other case.

Section 206B: substituted, on 1 January 2011, by section 12 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

206CMaximum amount of party’s total election expenses1If a party is listed in the part of the ballot paper that relates to the party vote, the total election expenses of that party in respect of any regulated period must not exceed—

athe amount published on the Electoral Commission’s internet site under section 266A; and

bthe amount published on the Electoral Commission’s internet site under section 266A for each electoral district contested by a candidate for the party.

2If a party is not listed in the part of the ballot paper that relates to the party vote, the total election expenses of that party in respect of any regulated period must not exceed the amount published on the Electoral Commission’s internet site under section 266A for each electoral district contested by a candidate for the party.3The amounts published on the Electoral Commission’s internet site are inclusive of goods and services tax.

Section 206C: replaced, on 20 December 2025, by section 52 of the Electoral Amendment Act 2025 (2025 No 82).

206CAApportionment of advertising expenses for publication of party advertisement both before and during regulated period1This section applies if a party advertisement—

ais published both before the commencement of the regulated period and during the regulated period; or

bis published before the commencement of the regulated period and continues to be published during the regulated period.

2If this section applies,—

athe party advertisement is deemed to have been published during the regulated period; but

bthe advertising expenses for the publication of the party advertisement must be apportioned so that only a fair proportion of the expenses is attributed to being incurred during the regulated period.

3Only the advertising expenses attributed to being incurred during the regulated period in accordance with subsection (2) are election expenses.1993 No 87 s 206C (pre-1 January 2011)

Section 206CA: inserted, on 1 January 2011, by section 12 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

206CBApportionment of election expenses of election advertisement between parties1This section applies if an election advertisement comprises 2 or more party advertisements.2If this section applies, the election expenses of the election advertisement must be apportioned among the parties in proportion to the coverage the advertisement provides to each party.3For the purposes of this section,—

aelection expenses of the election advertisement means the total of the election expenses of all of the party advertisements comprised in the election advertisement; and

bthe coverage provided by an election advertisement must be calculated in such a manner as is appropriate in relation to the form of the advertisement.

4Only the expenses apportioned to a party in accordance with this section are election expenses of that party.

Section 206CB: inserted, on 1 January 2011, by section 12 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

206CCApportionment of election expenses of election advertisement between party and candidate1This section applies if an election advertisement comprises both—

aa party advertisement; and

ba candidate advertisement.

2If this section applies, the election expenses of the election advertisement must be apportioned between the party and the candidate in proportion to the coverage the advertisement provides to the party and to the candidate.3For the purpose of this section,—

aelection expenses of the election advertisement means the advertising expenses incurred in relation to both the candidate advertisement and the party advertisement; and

bthe coverage provided by an election advertisement must be calculated in such a manner as is appropriate in relation to the form of the election advertisement.

4Only the expenses apportioned to the party in accordance with this section are election expenses of the party.

Section 206CC: inserted, on 1 January 2011, by section 12 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

206DOffence to pay election expenses in excess of prescribed maximum1This section applies to any person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any election expenses any sum in excess of either of the maximum amounts prescribed by section 206C.2The person is guilty of—

aa corrupt practice if he or she knew the payment was in excess of the prescribed maximum amount; or

ban illegal practice in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the election expenses did not exceed the prescribed maximum amount.

3Every person who enters into an agreement or enters into an arrangement or understanding with any other person for the purpose of circumventing either of the maximum amounts prescribed in section 206C is guilty of a corrupt practice.1993 No 87 s 214B(3) (pre-20 December 2007); 2007 No 111 s 101

Section 206D: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 206D(1): amended, on 17 August 2011, by section 22 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 206D(3): added, on 1 January 2011, by section 13 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

206EPeriods for claiming and paying party's election expenses1A claim for any election expenses against a party is recoverable only if it is sent to the party secretary within 20 working days after the day on which the declaration required by section 193(5) is made.2A claim that is sent to the party secretary in accordance with subsection (1) must be paid within 40 working days after the day on which the declaration required by section 193(5) is made.3A person who makes a payment in breach of this section is guilty of an illegal practice.4This section is subject to sections 206F and 206G.1993 No 87 s 214BA (pre-20 December 2007); 2007 No 111 s 102

Section 206E: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

206FProcedure if claim disputed1If a party, in the case of a claim for any election expenses sent to the party secretary within the period specified in section 206E(1), disputes the claim, or fails to pay the claim within the period of 40 working days specified in section 206E(2), then—

athe claim is to be treated as a disputed claim; and

bthe claimant may, if he or she thinks fit, within 20 working days after the expiry of that period of 40 working days, bring an action for the disputed claim in any court of competent jurisdiction.

2Any sum paid by the party in accordance with a judgment or order of the court in any such action is to be treated as paid within the period specified in section 206E(2).1993 No 87 s 214BB (pre-20 December 2007); 2007 No 111 s 103

Section 206F: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

206GLeave to pay claim after time limitation1On the application of a claimant or a party, the District Court may make an order granting leave to a party to pay—

aa claim for election expenses sent after the period specified in section 206E(1); or

ba claim not paid in the period specified in section 206E(2); or

ca disputed claim in respect of which an action was not brought within the period specified in section 206F(1)(b).

2Any sum paid by the party in accordance with an order made under subsection (1) is to be treated as having been paid within the period specified in section 206E(2).1993 No 87 s 214BC (pre-20 December 2007); 2007 No 111 s 104

Section 206G: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 206G(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

206HInvoice and receipt required for election expenses of $100 or moreEvery payment made in respect of any election expenses of a party, other than a payment that is less than $100, must be vouched by an invoice stating the particulars and by a receipt.1993 No 87 s 214BD (pre-20 December 2007); 2007 No 111 s 105

Section 206H: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

206IReturn of party's election expenses1Within 90 working days after polling day, a party secretary must file a return of the party's election expenses with the Electoral Commission.2The return must be—

ain the form required by the Electoral Commission; and

baccompanied by an auditor’s report obtained under section 206L, if that section applies.

1993 No 87 s 214C(1) (pre-20 December 2007); 2007 No 111 s 106

Section 206I: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 206I(1): replaced, on 25 March 2014, by section 31 of the Electoral Amendment Act 2014 (2014 No 8).

Section 206I(2)(b): replaced, on 20 December 2025, by section 120 of the Electoral Amendment Act 2025 (2025 No 82).

206IAReturn of party’s allocation expenses1Within 90 days after polling day for a general election, a party secretary must file with the Electoral Commission a return of expenses incurred by the party that have been funded from the party’s allocation.2The return must be in a form approved by the Electoral Commission and include details of—

athe amount of the party’s allocation; and

ball accounts sent by the party to the Electoral Commission under section 80B(1) of the Broadcasting Act 1989 in respect of the expenditure of the party’s allocation.

3The return must be accompanied by an auditor’s report obtained under section 206LA.

Section 206IA: inserted, on 21 March 2017, by section 101 of the Electoral Amendment Act 2017 (2017 No 9).

206JAppointment of auditor for party1A party must appoint an auditor.2On the registration of a party under section 67, the person named in the party's application under section 63(2)(c)(v) as the person who is to be appointed as the party's auditor is to be taken to have been appointed under subsection (1).3A party must without delay appoint another auditor if the auditor appointed by the party under subsection (1) or taken to have been appointed under subsection (2)—

adoes not, for any reason, commence to hold office; or

bceases to hold office; or

cbecomes ineligible to hold office.

4If at any time a party appoints a new auditor under subsection (3), the party must—

anotify the Electoral Commission; and

bsend to the Electoral Commission—

ithe name, address, and contact details of the new auditor; and

iithe new auditor's signed consent to the appointment.

1993 No 87 ss 67(3)(f), 214D(1), (2A), (3) (pre-20 December 2007); 2007 No 111 s 10

Section 206J: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 206J compare note: amended, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

206KPersons eligible to be appointed as auditorA person is eligible to be appointed as an auditor under section 206J unless that person is—

aa constituency candidate; or

ba list candidate; or

can employee or partner of a person referred to in paragraph (a) or (b); or

dan officer or employee of a party; or

ea body corporate that—

iis not a registered audit firm (within the meaning of the

Auditor Regulation Act 2011

); and

iiis not recognised as referred to in section 36(1)(f) or (g) of the Financial Reporting Act 2013; or

fa person who, by virtue of section 36(1) of the Financial Reporting Act 2013, may not be appointed or act as an auditor of an entity; or

ga Returning Officer.

1993 No 87 s 214D(2) (pre-20 December 2007); 2007 No 111 s 12

Section 206K: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 206K(e): replaced, on 1 July 2015, by section 17 of the Financial Reporting Amendment Act 2014 (2014 No 64).

Section 206K(f): replaced, on 1 April 2014, by section 126 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

206LAuditor's report on return of party's election expenses1AAAThis section applies if a party’s return of election expenses shows that the party’s total election expenses exceed $50,000.1A party secretary must, before the Electoral Commission receives the return required by section 206I, obtain from the auditor appointed under section 206J a report on the return.2The auditor must state in the report—

athe position shown by the return in respect of the requirement that the party’s total election expenses not exceed the maximum amount prescribed by section 206C; and

beither—

iwhether, in the auditor’s opinion, the position stated under paragraph (a) is correct; or

iithat the auditor has been unable to form an opinion as to whether the position stated under paragraph (a) is correct.

3The auditor must make any examinations that the auditor considers necessary.4The auditor must specify in the report any case in which—

athe auditor has not received from the party secretary all the information that the auditor requires to carry out his or her duties; or

bproper records of the party’s election expenses have not, in the auditor’s opinion, been kept by the party secretary.

5The auditor—

amust have access at all reasonable times to all records, documents, and accounts that relate to the party’s election expenses and that are held by the party or the party secretary; and

bmay require the party secretary to provide any information and explanations that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.

1993 No 87 s 214E (pre-20 December 2007); 2007 No 111 s 107

Section 206L: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 206L(1AAA): inserted, on 20 December 2025, by section 121 of the Electoral Amendment Act 2025 (2025 No 82).

Section 206L(2)(a): amended, on 17 August 2011, by section 23 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

206LAAuditor’s report on return of party’s allocation expenses1A party secretary must arrange for the auditor appointed under section 206J to prepare a report on the return required by section 206IA.2The auditor must make any examinations that the auditor considers necessary.3The auditor—

amust have access at all reasonable times to all records, documents, and accounts that relate to the expenses funded from the party’s allocation; and

bmay require the party secretary to provide any information and explanations that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report.

Section 206LA: inserted, on 21 March 2017, by section 102 of the Electoral Amendment Act 2017 (2017 No 9).

206MNil returnIf a party secretary considers that there is no relevant information to disclose under section 206I, the party secretary must file a nil return under that section.1993 No 87 s 214K (pre-20 December 2007); 2007 No 111 s 108

Section 206M: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

206NOffences relating to return of party's election expenses and return of party’s allocation expenses1A party secretary commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return during the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later (the late period).1AA party secretary is guilty of a corrupt practice if the party secretary, without reasonable excuse,—

afiles a return after the late period; or

bfails to file a return.

2A party secretary who files a return that is false in any material particular is guilty of—

aa corrupt practice if he or she filed the return knowing it to be false in any material particular; or

ban illegal practice in any other case unless the party secretary proves that—

ihe or she had no intention to misstate or conceal the facts; and

iihe or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate.

3A person charged with an offence against subsection (2)(a) may be convicted of an offence against subsection (2)(b).4In this section, return means—

aa return of election expenses required to be filed under section 206I:

ba return of allocation expenses required to be filed under section 206IA.

1993 No 87 s 214C(2)–(4) (pre-20 December 2007); 2007 No 111 s 109

Section 206N: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 206N heading: amended, on 21 March 2017, by section 103(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 206N(1): replaced, on 25 March 2014, by section 32 of the Electoral Amendment Act 2014 (2014 No 8).

Section 206N(1): amended, on 21 March 2017, by section 103(2) of the Electoral Amendment Act 2017 (2017 No 9).

Section 206N(1A): replaced, on 21 March 2017, by section 103(3) of the Electoral Amendment Act 2017 (2017 No 9).

Section 206N(2): amended, on 21 March 2017, by section 103(4) of the Electoral Amendment Act 2017 (2017 No 9).

Section 206N(4): inserted, on 21 March 2017, by section 103(5) of the Electoral Amendment Act 2017 (2017 No 9).

206OObligation to retain records necessary to verify return of party's election expenses1A party secretary must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable a return under section 206I to be verified are retained until the expiry of the period within which a prosecution may be commenced under this Act in relation to the return or in relation to any matter to which the return relates.2A party secretary who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000.1993 No 87 s 214L (pre-20 December 2007); 2007 No 111 s 110

Section 206O: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 206O(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

206PDuty of Electoral Commission1If the Electoral Commission believes that any person has committed an offence specified in this subpart, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police.2Subsection (1) does not apply if the Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police.1993 No 87 s 214C(6) (pre-20 December 2007); 2007 No 111 s 111

Section 206P: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 206P(2): added, on 1 January 2011, by section 14 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

206QReturn of party’s election expenses and return of party’s allocation expenses to be publicly availableDuring the public inspection period, the Electoral Commission must ensure that the following are publicly available (free of charge) on the Electoral Commission’s internet site:

aa return filed under section 206I; and

ban auditor’s report obtained under section 206L accompanying the return referred to in paragraph (a); and

ca return filed under section 206IA; and

dan auditor’s report obtained under section 206LA accompanying the return referred to in paragraph (c).

Section 206Q: replaced, on 20 December 2025, by section 114 of the Electoral Amendment Act 2025 (2025 No 82).

206RUnlawful use of public money not validatedNothing in this subpart validates any use of public money that would otherwise be unlawful.1993 No 87 s 214B(5) (pre-20 December 2007)

Section 206R: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

2AElection expenses of registered promoters

Subpart 2A: inserted, on 1 January 2011, by section 15 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

206SInterpretation1In this subpart,—

advertising expenses has the meaning given to it by section 3E

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

election expenses, in relation to a registered promoter,—

ameans the advertising expenses incurred in relation to an election advertisement that—

iis published, or continues to be published, during the regulated period; and

iiis promoted by the registered promoter; and

bincludes, as required by section 40 of the Electoral Referendum Act 2010, any referendum expenses incurred in relation to an advertisement that comprises both—

ian election advertisement; and

iia referendum advertisement (within the meaning of section 31 of the Electoral Referendum Act 2010)

registered promoter has the meaning given to it by section 204A.

2For the purposes of the definition of election expenses, it is immaterial whether an election expense is paid or incurred before, during, or after the regulated period.

Section 206S: inserted, on 1 January 2011, by section 15 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

206TPersons who may incur election expenses in relation to election advertisement promoted by registered promoterAn election expense in relation to an election advertisement promoted by a registered promoter may only be incurred by—

athe registered promoter; or

ba person authorised by the registered promoter.

Section 206T: inserted, on 1 January 2011, by section 15 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

206UOffence to incur unauthorised election expenseEvery person is guilty of—

aa corrupt practice who wilfully contravenes section 206T; and

ban illegal practice who contravenes section 206T in any other case.

2007 No 111 s 117(1)

Section 206U: inserted, on 1 January 2011, by section 15 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

206VMaximum amount of registered promoter’s total election expenses1The total election expenses of a registered promoter in respect of any regulated period must not exceed the amount published on the Electoral Commission’s internet site under section 266A.2The amount published on the Electoral Commission’s internet site is inclusive of goods and services tax.

Section 206V: replaced, on 20 December 2025, by section 53 of the Electoral Amendment Act 2025 (2025 No 82).

206WApportionment of advertising expenses for publication of election advertisement promoted by registered promoter both before and during regulated period1This section applies if an election advertisement that is promoted by a registered promoter—

ais published both before the commencement of the regulated period and during the regulated period; or

bis published before the commencement of the regulated period and continues to be published during the regulated period.

2If this section applies,—

athe election advertisement is deemed to have been published during the regulated period; but

3Only the advertising expenses attributed to being incurred during the regulated period in accordance with subsection (2) are election expenses.2007 No 111 s 119

Section 206W: inserted, on 1 January 2011, by section 15 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

206XOffence to pay election expenses in excess of prescribed maximum1This section applies to any registered promoter or other person who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any election expenses any sum in excess of the maximum amount prescribed by section 206V.2The registered promoter or other person is guilty of—

aa corrupt practice if he or she knew the payment was in excess of the prescribed maximum amount; or

ban illegal practice in any other case, unless he or she proves that he or she took all reasonable steps to ensure that the election expenses did not exceed the prescribed maximum amount.

3Every person who enters into an agreement or enters into an arrangement or understanding with any other person for the purpose of circumventing the maximum amount prescribed in section 206V is guilty of a corrupt practice.2007 No 111 s 122

Section 206X: inserted, on 1 January 2011, by section 15 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

206YPeriods for claiming and paying registered promoter's election expenses1A claim for any election expenses against a registered promoter is recoverable only if it is sent to the registered promoter within 20 working days after the day on which the declaration required by section 179(2) is made.2A claim that is sent to a registered promoter in accordance with subsection (1) must be paid within 40 working days after the day on which that declaration is made, and not otherwise.3A person who makes a payment in breach of this section is guilty of an illegal practice.4This section is subject to sections 206Z and 206ZA.2007 No 111 s 82

Section 206Y: inserted, on 1 January 2011, by section 15 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

206ZProcedure if claim disputed1If a registered promoter, in the case of a claim for election expenses sent to a registered promoter within the period specified in section 206Y(1), disputes the claim or fails to pay the claim within the period of 40 working days specified in section 206Y(2), then—

athe claim is to be treated as a disputed claim; and

bthe claimant may, if he or she thinks fit, within 20 working days after the expiry of that period of 40 working days, bring an action for the disputed claim in any court of competent jurisdiction.

2Any sum paid by the registered promoter in accordance with a judgment or order of the court in any such action is to be treated as paid within the period specified in section 206Y(2).2007 No 111 s 83

Section 206Z: inserted, on 1 January 2011, by section 15 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

206ZALeave to pay claim after time limitation1On the application of a claimant or a registered promoter, the District Court may make an order granting leave to the registered promoter to pay—

aa claim for election expenses sent after the period specified in section 206Y(1); or

ba claim not paid in the period specified in section 206Y(2); or

ca disputed claim in respect of which an action was not brought within the period specified in section 206Z(1)(b).

2Any sum paid by the registered promoter in accordance with an order made under subsection (1) is to be treated as having been paid within the period specified in section 206Y(2).2007 No 111 s 84

Section 206ZA: inserted, on 1 January 2011, by section 15 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 206ZA(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

206ZBInvoice and receipt required for election expenses of $50 or more1Every payment made in respect of any election expenses of a registered promoter must be vouched by an invoice stating the particulars, and by a receipt.2Subsection (1) does not apply to a payment less than $50.

Section 206ZB: inserted, on 1 January 2011, by section 15 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

206ZCReturn of registered promoter's election expenses1This section applies to a registered promoter whose total election expenses in respect of any regulated period exceed $100,000 (inclusive of goods and services tax).2Within 70 working days after polling day, the registered promoter must file a return of election expenses with the Electoral Commission.3If the registered promoter is not an individual or a company, the return must be filed by the registered promoter's representative who is duly authorised to file the return.4A return filed under subsection (2) must be in the form required by the Electoral Commission.

Section 206ZC: inserted, on 1 January 2011, by section 15 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

206ZDElectoral Commission may require auditor's report on return of registered promoter's election expenses1If the Electoral Commission has reasonable grounds to believe that a return filed under section 206ZC may contain any false or misleading information, the Electoral Commission may require the registered promoter (at the registered promoter's expense) to obtain from an auditor a report on the return.2The auditor must state in the report—

athe position shown by the return in respect of the requirement that the registered promoter's total election expenses must not exceed the maximum amount prescribed by section 206V; and

beither—

iwhether, in the auditor's opinion, the position stated under paragraph (a) is correct; or

iithat the auditor has been unable to form an opinion as to whether the position stated under paragraph (a) is correct.

3The auditor must make any examinations that the auditor considers necessary.4The auditor must specify in the report any case in which—

athe auditor has not received from the registered promoter all the information that the auditor requires to carry out his or her duties; or

bproper records of the registered promoter's election expenses have not, in the auditor's opinion, been kept by the registered promoter.

5The auditor—

amust have access at all reasonable times to all records, documents, and accounts that relate to the registered promoter's election expenses and that are held by the registered promoter; and

bmay require the registered promoter to provide any information and explanation that, in the auditor's opinion, may be necessary to enable the auditor to prepare the report.

2007 No 111 s 128

Section 206ZD: inserted, on 1 January 2011, by section 15 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

206ZEOffences relating to return of registered promoter's election expenses1A registered promoter commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of election expenses under section 206ZC during the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later (the late period).1AA registered promoter is guilty of a corrupt practice who, without reasonable excuse,—

afiles a return of election expenses under section 206ZC after the late period; or

bfails to file a return of election expenses under section 206ZC.

2A registered promoter who files a return under section 206ZC that is false in any material particular is guilty of—

aa corrupt practice if the registered promoter filed the return knowing it to be false in any material particular:

ban illegal practice in any other case unless the registered promoter proves that—

ihe or she had no intention to misstate or conceal the facts; and

iihe or she took all reasonable steps in the circumstances to ensure that the information was accurate.

3If the registered promoter is not an individual or a company, the registered promoter's representative who files the return in accordance with section 206ZC(3) is liable under subsections (1) and (2).4Subsection (3) does not limit the liability of a registered promoter under subsection (1) or (2).2007 No 111 s 130

Section 206ZE: inserted, on 1 January 2011, by section 15 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 206ZE(1): replaced, on 25 March 2014, by section 33 of the Electoral Amendment Act 2014 (2014 No 8).

Section 206ZE(1A): inserted, on 25 March 2014, by section 33 of the Electoral Amendment Act 2014 (2014 No 8).

206ZFObligation to retain records necessary to verify return of registered promoter's election expenses1A registered promoter must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable a return filed under section 206ZC to be verified are retained until the expiry of the period within which a prosecution may be commenced under this Act in relation to the return or in relation to any matter to which the return relates.2A registered promoter who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000.2007 No 111 s 131

Section 206ZF: inserted, on 1 January 2011, by section 15 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 206ZF(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

206ZGDuty of Electoral Commission1If the Electoral Commission believes that any person has committed an offence specified in this subpart, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police.2Subsection (1) does not apply if the Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police.2007 No 111 s 132

Section 206ZG: inserted, on 1 January 2011, by section 15 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

206ZHReturn of registered promoter’s election expenses to be publicly availableDuring the public inspection period, the Electoral Commission must ensure that every return filed under section 206ZC is publicly available (free of charge) on the Electoral Commission’s internet site.

Section 206ZH: replaced, on 20 December 2025, by section 115 of the Electoral Amendment Act 2025 (2025 No 82).

3General provisions relating to donations

Subpart 3: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

207Interpretation1In this subpart, unless the context otherwise requires, donation means—

aa candidate donation; or

ba party donation.

2In this subpart and subparts 4 to 6 of this Part, unless the context otherwise requires,—

anonymous,—

ain relation to a candidate donation, means a donation that is made in such a way that the candidate who receives the donation—

idoes not know the identity of the donor; and

iicould not, in the circumstances, reasonably be expected to know the identity of the donor:

bin relation to a party donation, means a donation that is made in such a way that the party secretary who receives the donation—

idoes not know the identity of the donor; and

iicould not, in the circumstances, reasonably be expected to know the identity of the donor

candidate donation means a donation (whether of money or of the equivalent of money or of goods or services or of a combination of those things) that is made to a candidate, or to any person on the candidate's behalf, for use in the candidate's campaign for election and—

aincludes,—

iwhere goods or services are provided by a New Zealand person to a candidate, or to any person on the candidate's behalf, under a contract or arrangement at a value less than their reasonable market value, the latter being a value that exceeds $300, the amount of the difference between the former value and the reasonable market value of those goods or services; and

iawhere goods or services are provided by an overseas person to a candidate, or to any person on the candidate’s behalf, under a contract or an arrangement at a value less than their reasonable market value, the latter being a value that exceeds $50, the amount of the difference between the former value and the reasonable market value of those goods and services; and

iiwhere goods or services are provided by a candidate under a contract or arrangement at a value that is more than their reasonable market value, the amount of the difference between that value and the reasonable market value of those goods or services; and

iiiwhere credit is provided to a candidate on terms and conditions substantially more favourable than the commercial terms and conditions prevailing at the time for the same or similar credit, the value to the candidate of those more favourable terms and conditions; but

bexcludes,—

ithe labour of any person that is provided to a candidate free of charge by that person; and

iigoods or services provided by a New Zealand person free of charge to a candidate, or to any person on the candidate's behalf, that have a reasonable market value of $300 or less; and

iiigoods or services provided by an overseas person free of charge to a candidate, or to any person on the candidate’s behalf, that have a reasonable market value of $50 or less

contribution means any thing (being money or the equivalent of money or goods or services or a combination of those things) that makes up a donation or is included in a donation or has been used to wholly or partly fund a donation, and that—

awas given—

ito the donor; or

iito a person who was required or expected to pass on all or any of its amount or value to the donor, whether directly or indirectly (for example, through one or more intermediaries, trustees, or nominees); and

bwould have been a donation if it had been given directly to the candidate or party; and

cwas given in the knowledge or expectation (whether by reference to a trust, agreement, or understanding) that it would be wholly or partly applied to make up, or to be included in, or to fund, a donation

contributor means a person who makes a contribution and who immediately before making the contribution—

abeneficially holds any money, or the equivalent of money, or any goods that make up the contribution or are included in the contribution; or

bprovides any services that make up the contribution or are included in the contribution or pays for those services out of money that the person beneficially holds

donation funded from contributions means a donation that is made up of, includes, or is wholly or partly funded from 1 or more contributions

donor means a person who makes a donation

New Zealand person means a person who is not an overseas person

overseas person means—

aan individual who—

iresides outside New Zealand; and

iiis not a New Zealand citizen or registered as an elector; or

ba body corporate incorporated outside New Zealand; or

can unincorporated body that has its head office or principal place of business outside New Zealand

party donation

—

aaameans a donation (whether of money or of the equivalent of money or of goods or services or of a combination of those things) that is made to—

ia party; or

iiany person or body of persons if there are reasonable grounds to believe that the donation is intended for the benefit of the party; and

aincludes,—

iwhere goods or services are provided by a New Zealand person to a party, or to any person on the party's behalf, under a contract or arrangement at a value less than their reasonable market value, the latter being a value that exceeds $1,500, the amount of the difference between the former value and the reasonable market value of those goods or services; and

iawhere goods or services are provided by an overseas person to a party, or to any person on the party’s behalf, under a contract or an arrangement at a value less than their reasonable market value, the latter being a value that exceeds $50, the amount of the difference between the former value and the reasonable market value of those goods or services; and

iiwhere goods or services are provided by a party under a contract or arrangement at a value that is more than their reasonable market value, the amount of the difference between that value and the reasonable market value of those goods or services; and

iiiwhere credit is provided to a party on terms and conditions substantially more favourable than the commercial terms and conditions prevailing at the time for the same or similar credit, the value to the party of those more favourable terms and conditions; but

bexcludes—

ithe labour of any person that is provided to a party free of charge by that person; and

iigoods or services provided by a New Zealand person free of charge to a party, or to any person on the party's behalf, that have a reasonable market value of $1,500 or less; and

iiagoods or services provided by an overseas person free of charge to a party, or to any person on the party’s behalf, that have a reasonable market value of $50 or less; and

iiiany candidate donation that is included in a return made by a candidate under section 209

receive, in relation to a donation, means to get a donation that has been given or sent by—

athe donor directly; or

bthe donor indirectly, via a transmitter

transmitter means a person to whom a donor gives or sends a donation for transmittal to a candidate or party.

3For the purposes of sections 207B, 207C, 207E, 207G, 207I, and 210C,—

adonation does not include a donation protected from disclosure (as defined in section 208); and

bparty donation does not include a donation protected from disclosure (as defined in section 208).

2007 No 111 s 21

Section 207: substituted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 207(2)

candidate donation paragraph (a)(i): amended, on 1 January 2020, by section 5(1) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207(2)

candidate donation paragraph (a)(i): amended, on 1 January 2011, by section 16(1) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 207(2)

candidate donation paragraph (a)(ia): inserted, on 1 January 2020, by section 5(2) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207(2)

candidate donation paragraph (b): substituted, on 1 January 2011, by section 16(2) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 207(2)

candidate donation paragraph (b)(ii): amended, on 1 January 2020, by section 5(3) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207(2)

candidate donation paragraph (b)(iii): inserted, on 1 January 2020, by section 5(4) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207(2)

New Zealand person: inserted, on 1 January 2020, by section 5(5) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207(2)

overseas person: inserted, on 1 January 2020, by section 5(5) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207(2)

party donation: amended, on 1 January 2023, by section 4(1) of the Electoral Amendment Act 2022 (2022 No 80).

Section 207(2)

party donation paragraph (aaa): inserted, on 1 January 2023, by section 4(2) of the Electoral Amendment Act 2022 (2022 No 80).

Section 207(2)

party donation paragraph (a)(i): amended, on 1 January 2020, by section 5(6) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207(2)

party donation paragraph (a)(i): amended, on 1 January 2011, by section 16(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 207(2)

party donation paragraph (a)(ia): inserted, on 1 January 2020, by section 5(7) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207(2)

party donation paragraph (b)(ii): substituted, on 1 January 2011, by section 16(4) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 207(2)

party donation paragraph (b)(ii): amended, on 1 January 2020, by section 5(8) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207(2)

party donation paragraph (b)(iia): inserted, on 1 January 2020, by section 5(9) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207(2)

party donation paragraph (b)(iii): added, on 1 January 2011, by section 16(4) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

207ADonations and contributions include GSTAll references to an amount or value of a donation or contribution are inclusive of any goods and services tax incurred by the donor or contributor in respect of the goods or service donated or contributed.2007 No 111 s 22

Section 207A: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

207BDonations to be transmitted to candidate or party secretary1Every person to whom a candidate donation is given or sent must, within 10 working days after receiving the donation, transmit the donation to the candidate.2Every person to whom a party donation is given or sent must, within 10 working days after receiving the donation, either—

atransmit the donation to the party secretary; or

bdeposit the donation into a bank account nominated by the party secretary.

2007 No 111 s 23

Section 207B: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 207B(2): substituted, on 1 January 2011, by section 17 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

207BAOffence relating to contravention of section 207BA person who fails, without reasonable excuse, to comply with section 207B commits an offence and is liable on conviction to a fine not exceeding $40,000.

Section 207BA: inserted, on 1 January 2023, by section 5 of the Electoral Amendment Act 2022 (2022 No 80).

207CContributors to be identified1This section applies to a donation (other than an anonymous donation) that is funded from contributions.2If this section applies to a donation, the donor must, at the time of making the donation, disclose—

athe fact that the donation is funded from contributions; and

bthe details specified in subsection (3) in respect of any contribution that, either on its own or when aggregated with other contributions made by or on behalf of the same contributor to the donation, exceeds—

i$1,500 in sum or value in the case of a contributor who is a New Zealand person; or

ii$50 in sum or value in the case of a contributor who is an overseas person; and

cthe total of all of the amounts disclosed under paragraph (b) in relation to the donation; and

dthe total of all of the other contributions made in relation to the donation.

3The details referred to in subsection (2)(b) are—

athe name of the contributor; and

bthe address of the contributor; and

cwhether the contributor is an overseas person; and

dthe amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions.

34A candidate must give back to the donor the entire amount of the donation, or its entire value, if the candidate knows, or has reasonable grounds to believe, that the donor has failed to comply with subsection (2) in any respect.5A party secretary must give back to the donor the entire amount of the donation, or its entire value, if the party secretary knows, or has reasonable grounds to believe, that the donor has failed to comply with subsection (2) in any respect.6For the purposes of sections 209 and 210, any amount given back by a candidate under subsection (4), or by a party secretary under subsection (5), is taken not to have been received by the candidate or the party secretary, as the case may be.2007 No 111 s 24

Section 207C: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 207C(1): amended, on 1 January 2011, by section 18(1) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 207C(2): replaced, on 25 March 2014, by section 34 of the Electoral Amendment Act 2014 (2014 No 8).

Section 207C(2)(b): replaced, on 1 January 2020, by section 6(1) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207C(2)(c): amended, on 1 January 2020, by section 6(2) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207C(3): inserted, on 1 January 2020, by section 6(3) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207C(3): repealed, on 25 March 2014, by section 34 of the Electoral Amendment Act 2014 (2014 No 8).

207DOffence relating to contravention of section 207CA donor who fails to comply with section 207C with the intention of concealing the identity of any or all of the contributors commits an offence and is liable on conviction to a fine not exceeding $40,000.2007 No 111 s 25

Section 207D: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 207D: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

207EIdentity of donor to be disclosed by transmitter, if known1When a transmitter transmits a donation to a candidate or party secretary on behalf of the donor, the transmitter must disclose to the candidate or party secretary—

athe fact that the donation is transmitted on behalf of the donor; and

bthe name and address of the donor; and

cwhether section 207C applies to the donation and, if so, all information disclosed by the donor under subsections (2) and (3) of that section.

2Where a transmitter does not disclose, or is unable to disclose, the information required by subsection (1), then the donation must be treated as an anonymous donation.2007 No 111 s 26

Section 207E: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 207E(2): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

207FOffence relating to contravention of section 207EA transmitter who fails to comply with section 207E with the intention of concealing the identity of the donor or any or all of the contributors commits an offence and is liable on conviction to a fine not exceeding $40,000.2007 No 111 s 27

Section 207F: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 207F: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

207GDisclosure of identity of donor1If any person involved in the administration of the affairs of a candidate in relation to his or her election campaign knows the identity of the donor of an anonymous candidate donation exceeding $1,500, the person must disclose the identity of the donor to the candidate.2If a candidate, list candidate, or any person involved in the administration of the affairs of a party knows the identity of the donor of an anonymous party donation exceeding $1,500, the candidate, list candidate, or person must disclose the identity of the donor to the party secretary.2007 No 111 s 28

Section 207G: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 207G(1): amended, on 1 January 2011, by section 19 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 207G(2): amended, on 1 January 2011, by section 19 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

207HOffence relating to contravention of section 207GA person who fails to comply with section 207G with the intention of concealing the identity of the donor commits an offence and is liable on conviction to a fine not exceeding $40,000.2007 No 111 s 29

Section 207H: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 207H: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

207IAnonymous donations1If an anonymous candidate donation is received by a candidate, the candidate must, within 20 working days, pay to the Electoral Commission—

athe amount of the donation, or its value, less $50, if—

ithe candidate believes or has reasonable grounds to suspect the donor is an overseas person; and

iithe donation exceeds $50; or

bthe amount of the donation, or its value, less $1,500, if—

ithe candidate does not have reasonable grounds to suspect the donor is an overseas person; and

iithe donation exceeds $1,500.

2If an anonymous party donation is received by a party secretary, the party secretary must, within 20 working days, pay to the Electoral Commission—

athe amount of the donation, or its value, less $50, if—

ithe party secretary believes or has reasonable grounds to suspect the donor is an overseas person; and

iithe donation exceeds $50; or

bthe amount of the donation, or its value, less $1,500, if—

ithe party secretary does not have reasonable grounds to suspect the donor is an overseas person; and

iithe donation exceeds $1,500.

3All amounts received by the Electoral Commission under this section must be paid into a Crown Bank Account.

Section 207I: replaced, on 1 January 2020, by section 7 of the Electoral Amendment Act 2019 (2019 No 72).

207JOffence relating to contravention of section 207I1A person who enters into an agreement, arrangement, or understanding with any other person that has the effect of circumventing section 207I(1) or (2) is guilty of—

aa corrupt practice if the circumvention is wilful; or

ban illegal practice in any other case.

2A candidate or party secretary who contravenes section 207I is guilty of an illegal practice.2007 No 111 s 31

Section 207J: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

207JADuty to ascertain whether donation from overseas person1A candidate or party secretary who receives a donation (not being an anonymous donation) that exceeds $50 must take all reasonable steps in the circumstances to ascertain whether—

athe donation was made by or on behalf of an overseas person; or

bany contribution to the donation was made by or on behalf of an overseas person.

2If a candidate or party secretary ascertains that a donation or contribution to a donation was made by an overseas person, or that there are reasonable grounds to suspect that the donation or contribution was made by an overseas person, the candidate or party secretary must comply with section 207K.

Section 207JA: inserted, on 1 January 2020, by section 8 of the Electoral Amendment Act 2019 (2019 No 72).

207KOverseas donation or contribution may not exceed $5012If a candidate receives from an overseas person a donation that either on its own or when aggregated with all other donations made by or on behalf of the same overseas person for use in the same campaign exceeds $50, the candidate must, within 20 working days of receipt of the donation,—

areturn to the overseas person the total amount donated by the overseas person, or its value, less $50; or

bif this is not possible, pay the total amount donated by the overseas person, or its value, less $50 to the Electoral Commission.

2AIf a party secretary receives from an overseas person a donation that either on its own or when aggregated with all other donations made by or on behalf of the same overseas person during the same year ending 31 December exceeds $50, the party secretary must, within 20 working days of receipt of the donation,—

areturn to the overseas person the total amount donated by the overseas person, or its value, less $50; or

bif this is not possible, pay the total amount donated by the overseas person, or its value, less $50 to the Electoral Commission.

3If a candidate or party secretary receives, from a donor who is not an overseas person (as defined in subsection (1)), a donation funded from contributions that includes any contribution exceeding $50 made by or on behalf of an overseas person or any contributions made by or on behalf of the same overseas person that when aggregated exceed $50, the candidate or party secretary must, within 20 working days after notification of that fact under section 207C,—

agive back to the donor the amount of the donation, or its value; or

bif this is not possible, pay the amount of the donation, or its value, to the Electoral Commission.

4All amounts received by the Electoral Commission under subsection (2), (2A), or (3) must be paid into a Crown Bank Account.2007 No 111 s 32

Section 207K: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 207K heading: substituted, on 1 January 2011, by section 21(1) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 207K heading: amended, on 1 January 2020, by section 9(1) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207K(1): repealed, on 1 January 2020, by section 9(2) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207K(2): substituted, on 1 January 2011, by section 21(2) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 207K(2): amended, on 1 January 2020, by section 9(3) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207K(2)(a): amended, on 1 January 2020, by section 9(3) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207K(2)(b): amended, on 1 January 2020, by section 9(3) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207K(2A): inserted, on 1 January 2011, by section 21(2) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 207K(2A): amended, on 1 January 2020, by section 9(3) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207K(2A)(a): amended, on 1 January 2020, by section 9(3) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207K(2A)(b): amended, on 1 January 2020, by section 9(3) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207K(3): amended, on 1 January 2020, by section 9(3) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207K(3): amended, on 25 March 2014, by section 35 of the Electoral Amendment Act 2014 (2014 No 8).

Section 207K(3)(b): substituted, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 207K(4): amended, on 1 January 2020, by section 9(4) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207K(4): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

207LOffence relating to contravention of section 207K1A person who enters into an agreement, arrangement, or understanding with any other person that has the effect of circumventing section 207K(2), (2A), or (3) is guilty of—

aa corrupt practice if the circumvention is wilful; or

ban illegal practice in any other case.

2A candidate or party secretary who contravenes section 207K(2), (2A), or (3) is guilty of an illegal practice.3It is a defence to a charge under subsection (2) if the candidate or party secretary proves that he or she took all reasonable steps in the circumstances to ascertain that—

aa donation exceeding $50, or a contribution exceeding $50 to a donation, was not made by or on behalf of an overseas person; or

bthere were no reasonable grounds to suspect that a donation exceeding $50, or a contribution exceeding $50 to a donation, was made by or on behalf of an overseas person.

2007 No 111 s 33

Section 207L: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 207L(1): amended, on 1 January 2020, by section 10(1) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207L(2): amended, on 1 January 2020, by section 10(1) of the Electoral Amendment Act 2019 (2019 No 72).

Section 207L(3): inserted, on 1 January 2020, by section 10(2) of the Electoral Amendment Act 2019 (2019 No 72).

207LAOffence relating to splitting party donation or contribution to party donation1A person is guilty of a corrupt practice who directs or procures, or is actively involved in directing or procuring, 2 or more bodies corporate to split between the bodies corporate a party donation in order to conceal the total amount of the donation and avoid the donation's inclusion by the party secretary in the return of party donations under section 210(1)(a).2A person is guilty of a corrupt practice who directs or procures, or is actively involved in directing or procuring, 2 or more bodies corporate to split between the bodies corporate a contribution to a party donation in order to conceal the total amount of the contribution and avoid the contribution's inclusion by the party secretary in the return of party donations under section 210(1)(b).

Section 207LA: inserted, on 1 January 2011, by section 22 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

207MRecords of candidate donations1A candidate must keep proper records of all candidate donations received by him or her.2A candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000.2007 No 111 s 34

Section 207M: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 207M(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

207NRecords of party donations1A party secretary must keep proper records of all party donations received by him or her.2A party secretary who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000.2007 No 111 s 34

Section 207N: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 207N(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

207ODuty of Electoral Commission in relation to donations1If the Electoral Commission believes that any person has committed an offence against this subpart or subparts 4 to 6 of this Part, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police.2Subsection (1) does not apply if the Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police.2007 No 111 ss 35, 36

Section 207O: substituted, on 1 January 2011, by section 23 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

207PDuty of Electoral Commission in relation to donations

Section 207P: repealed, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

4Donations protected from disclosure

Subpart 4: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

208InterpretationIn this subpart, unless the context otherwise requires,—

authorised person has the meaning given to it by section 208F(3)

donation protected from disclosure means a donation made under section 208A(2) in accordance with section 208A(3).

2007 No 111 s 37

Section 208: substituted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

208AMethod of making donation protected from disclosure1This section applies to any New Zealand person who intends to make a donation in excess of $1,500 to a party while preventing the disclosure of the person's identity to—

athe party concerned; and

bthe public generally.

2A person to whom this section applies may send a donation in excess of $1,500 to the Electoral Commission by paying the amount of the donation by direct credit to a bank account nominated by the Electoral Commission.3A donation under subsection (2) must be accompanied by a statement specifying—

athe name of the party that is to receive the donation; and

bthe full name and address of the donor; and

cwhether the donor is a New Zealand person; and

dthe matters set out in paragraphs (a) to (c) in respect of every person who has contributed in excess of $1,500 to the donation, if the donation made by the donor includes or comprises contributions from others.

4The Electoral Commission may request the donor to provide any further information the Commission considers necessary to confirm the identity of the donor or other details provided by the donor, and the donor must take all reasonable steps to comply with such a request as soon as is practicable.2007 No 111 s 38

Section 208A: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 208A(1): amended, on 1 January 2020, by section 11(1) of the Electoral Amendment Act 2019 (2019 No 72).

Section 208A(1): amended, on 1 January 2011, by section 25 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 208A(2): replaced, on 1 January 2023, by section 38 of the Electoral Amendment Act 2022 (2022 No 80).

Section 208A(3): replaced, on 1 January 2020, by section 11(2) of the Electoral Amendment Act 2019 (2019 No 72).

208BLimit on maximum amount of donations protected from disclosure1The maximum amount that a party may be paid in donations made to the Electoral Commission for the benefit of that party during a specified period is 10% (excluding any interest paid under section 208E(2)) of the maximum amount of election expenses allowed under section 206C(1) to be incurred by a party that is listed in the part of the ballot paper that relates to the party vote and that has a candidate contesting every electoral district.2The maximum amount that a party may be paid in donations made to the Electoral Commission for the benefit of the party from the same donor during any specified period is 15% (excluding any interest paid under section 208E(2)) of the amount that may be paid to that party under subsection (1).3For the purposes of this section,—

aa specified period is—

ithe period beginning on 9 November 2008 and ending with the close of the day before polling day for the next general election after that date; and

iiany subsequent period between polling day for one general election and polling day for the following general election:

bto avoid doubt, if there is a change in the name of a donor or party, the donor or party must be treated as the same donor or party (as the case may be) as the donor or party was prior to the change of name.

2007 No 111 s 39

Section 208B: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 208B(1): amended, on 17 August 2011, by section 24 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

208CDuty of Electoral Commission to provide advice on actual figures under section 208BThe Electoral Commission—

amust, as soon as practicable after the commencement of this Act, publish on its Internet site, and by any other means the Commission considers appropriate, guidance specifying the relevant figures that constitute the maximum amounts referred to in section 208B(1) and (2); and

bmay alter that guidance from time to time to reflect any changes in the relevant figures.

2007 No 111 s 40

Section 208C: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

208DDuties of Electoral Commission on receipt of donation1The Electoral Commission, on receiving a donation under section 208A(2), must pay it to the secretary of the party for whom it is intended, unless—

athe requirements of section 208A(3) or (4) have not been complied with; or

bpayment of the donation would contravene a maximum amount referred to in section 208B; or

cthe Electoral Commission believes or has reasonable grounds to believe that the donation is made by an overseas person, or includes or comprises contributions from an overseas person.

2If subsection (1)(a) or (c) applies, the Electoral Commission must,—

aif the name and contact details of the donor are known or can be readily ascertained, return the donation to the donor:

bin any other case, pay the donation into a Crown Bank Account.

3If subsection (1)(b) applies, the Electoral Commission must,—

aif the name and contact details of the donor are known or can be readily ascertained, return any portion of the donation that exceeds a maximum limit set out in section 208B to the donor:

bin any other case, pay any portion of the donation that exceeds a maximum limit set out in section 208B into a Crown Bank Account.

2007 No 111 s 41

Section 208D: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 208D(1)(c): inserted, on 1 January 2020, by section 12(1) of the Electoral Amendment Act 2019 (2019 No 72).

Section 208D(2): amended, on 1 January 2020, by section 12(2) of the Electoral Amendment Act 2019 (2019 No 72).

208ETiming of payment to parties1The Electoral Commission must pay all outstanding amounts due to a party under section 208D(1)—

aweekly, during the period between writ day and the return of the writ, at any general election:

bmonthly, at any other time.

2If any interest is earned on a donation received under section 208A(2) for a party, that interest, so far as it can reasonably be calculated, must be added to—

aany sum paid by the Electoral Commission to the secretary of that party; or

bany sum returned by the Electoral Commission to the donor; or

cany sum paid by the Electoral Commission into a Crown Bank Account.

2007 No 111 s 42

Section 208E: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

208FOffence of prohibited disclosure1No person may disclose the name or other identifying details of a donor or contributor in respect of a donation made, or proposed to be made, under section 208A(2) in a manner that indicates or suggests that the person has made, or proposes to make, such a donation or contribution, to—

aany party secretary or person involved in the administration of the affairs of the party for whom the donation is intended; or

bany other person (other than an authorised person).

2Every person who contravenes subsection (1) without reasonable excuse is guilty of an illegal practice.3In this section, authorised person means—

aa member or employee or other person engaged by the Electoral Commission:

ba donor or contributor and any officer, employee, relative, adviser, or agent of the donor or contributor:

cany other person to whom the identifying details must be supplied to enable the donation to be made:

dany person to whom the identifying details must be supplied to comply with 1 or more of the Inland Revenue Acts (within the meaning of section 3(1) of the Tax Administration Act 1994):

ethe Auditor-General:

fany other person entitled to the information in question in accordance with any search warrant, summons, or any process under rules of court, or in the course of any proceedings.

4Except as provided in this section, if there is any inconsistency between subsection (1) and any other enactment, subsection (1) prevails.2007 No 111 s 43

Section 208F: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 208F(3)(c): replaced, on 1 January 2023, by section 39 of the Electoral Amendment Act 2022 (2022 No 80).

208GDuty of Electoral Commission to report1The Electoral Commission must, in the manner required by subsection (2), report on—

athe total amounts received in donations under section 208A(2):

bthe amounts paid to a party secretary under section 208D(1) during the period being reported on:

cthe amount returned to donors under section 208D(2)(a) or (3)(a) during the period being reported on:

dthe amount paid into a Crown Bank Account under section 208D(2)(b) or (3)(b) during the period being reported on.

2The Electoral Commission must report on the matters set out in subsection (1)—

ain each annual report, in relation to the financial year to which the report relates; and

bquarterly, by publication on the Commission's Internet site and by any other means the Commission considers appropriate, in respect of the preceding 3-month period.

2007 No 111 s 44

Section 208G: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

5Disclosure of candidates' donations

Subpart 5: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

209Return of candidate donations1A candidate must, at the same time as filing a return of election expenses under section 205K, file with the Electoral Commission a return setting out—

athe details specified in subsection (2) in respect of every candidate donation (other than a donation of the kind referred to in paragraphs (c) and (d)) received by him or her that, either on its own or when aggregated with all other donations made by or on behalf of the same donor for use in the same campaign, exceeds $1,500 in sum or value; and

bwhether section 207C applies to any donation and, if so, and to the extent known or ascertainable from the information supplied under that section, the details specified in subsection (3) in respect of every contribution received from a New Zealand person that, either on its own or when aggregated with other contributions made by or on behalf of the same contributor to the donation, exceeds $1,500 in sum or value; and

cthe details specified in subsection (4) in respect of every anonymous candidate donation received by him or her—

iexceeding $50, in any case where the candidate believes or has reasonable grounds to suspect the donor is an overseas person; or

iiexceeding $1,500, in any other case; and

dthe details specified in subsection (5) in respect of every candidate donation received by him or her from an overseas person that, either on its own or when aggregated with all other donations made by or on behalf of the same overseas person for use in the same campaign, exceeds $50; and

ethe details specified in subsection (5A) in respect of every contribution to a candidate donation received by him or her from an overseas person that, either on its own or when aggregated with other contributions made by the same overseas person to the donation, exceeds $50.

2The details referred to in subsection (1)(a) are—

athe name of the donor; and

bthe address of the donor; and

cthe amount of the donation or, in the case of aggregated donations, the total amount of the donations; and

dthe date the donation was received or, in the case of aggregated donations, the date that each donation was received.

3The details referred to in subsection (1)(b) are—

athe name of the contributor; and

bthe address of the contributor; and

cthe amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and

dthe date on which the donation funded from contributions was made.

4The details referred to in subsection (1)(c) are—

athe date the donation was received; and

bthe amount of the donation; and

cthe amount paid to the Electoral Commission under section 207I(1), and the date that payment was made.

5The details referred to in subsection (1)(d) are—

athe name of the overseas person; and

bthe address of the overseas person; and

cthe amount of the donation or, in the case of aggregated donations, the total amount of the donations; and

dthe date the donation was received or, in the case of aggregated donations, the date each donation was received; and

ethe amount returned to an overseas person or paid to the Electoral Commission under section 207K(2), and the date of that return or payment, as the case may be.

5AThe details referred to in subsection (1)(e) are—

athe name of the overseas person; and

bthe address of the overseas person; and

cthe amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and

dthe date on which the related donation funded from the contribution was made; and

ethe amount returned to the donor or paid to the Electoral Commission under section 207K(3), and the date of that return or payment, as the case may be.

6Every return filed under subsection (1) must be in the form required by the Electoral Commission.2007 No 111 s 45

Section 209: substituted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 209(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 209(1)(a): amended, on 1 January 2011, by section 26(1) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 209(1)(b): replaced, on 25 March 2014, by section 36(1) of the Electoral Amendment Act 2014 (2014 No 8).

Section 209(1)(b): amended, on 1 January 2020, by section 13(1) of the Electoral Amendment Act 2019 (2019 No 72).

Section 209(1)(c): replaced, on 1 January 2020, by section 13(2) of the Electoral Amendment Act 2019 (2019 No 72).

Section 209(1)(d): substituted, on 1 January 2011, by section 26(2) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 209(1)(d): amended, on 1 January 2020, by section 13(3) of the Electoral Amendment Act 2019 (2019 No 72).

Section 209(1)(e): added, on 1 January 2011, by section 26(2) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 209(1)(e): amended, on 1 January 2020, by section 13(3) of the Electoral Amendment Act 2019 (2019 No 72).

Section 209(1)(e): amended, on 25 March 2014, by section 36(2) of the Electoral Amendment Act 2014 (2014 No 8).

Section 209(2)(c): substituted, on 1 January 2011, by section 26(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 209(2)(d): substituted, on 1 January 2011, by section 26(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 209(3): replaced, on 25 March 2014, by section 36(3) of the Electoral Amendment Act 2014 (2014 No 8).

Section 209(4)(c): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 209(5): substituted, on 1 January 2011, by section 26(4) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 209(5A): inserted, on 1 January 2011, by section 26(4) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 209(5A)(c): amended, on 25 March 2014, by section 36(4) of the Electoral Amendment Act 2014 (2014 No 8).

Section 209(6): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

209ANil returnIf a candidate considers that there is no relevant information to disclose under section 209, the candidate must file a nil return under that section.2007 No 111 s 46

Section 209A: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

209BOffences relating to return of candidate donations1A candidate commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of candidate donations under section 209 during the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later (the late period).1AA candidate is guilty of a corrupt practice who, without reasonable excuse,—

afiles a return of candidate donations under section 209 after the late period; or

bfails to file a return of candidate donations under section 209.

2A candidate who files a return under section 209 that is false in any material particular is guilty of—

aa corrupt practice if he or she filed the return knowing it to be false in any material particular; or

ban illegal practice in any other case unless the candidate proves that—

ihe or she had no intention to misstate or conceal the facts; and

iihe or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate.

2007 No 111 s 48

Section 209B: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 209B(1): replaced, on 25 March 2014, by section 37 of the Electoral Amendment Act 2014 (2014 No 8).

Section 209B(1A): inserted, on 25 March 2014, by section 37 of the Electoral Amendment Act 2014 (2014 No 8).

209CObligation to retain records necessary to verify return of candidate donations1A candidate must take all reasonable steps to ensure that all records, documents, and accounts that are necessary to enable a return under section 209 to be verified are retained until the expiry of the period within which a prosecution may be commenced under this Act in relation to the return or in relation to any matter to which the return relates.2A candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000.2007 No 111 s 47

Section 209C: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 209C(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

209DReturn of candidate donations to be sent by Chief Electoral Officer to Electoral Commission

Section 209D: repealed, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

209EReturn of candidate donations to be publicly availableDuring the public inspection period, the Electoral Commission must ensure that every return filed under section 209 is publicly available (free of charge) on the Electoral Commission’s internet site.

Section 209E: replaced, on 20 December 2025, by section 116 of the Electoral Amendment Act 2025 (2025 No 82).

6Disclosure of parties' donations

Subpart 6: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

210Annual return of party donations1A party secretary must file with the Electoral Commission, for each year, a return of party donations setting out—

athe details specified in subsection (2) for every party donation (other than a donation of the kind referred to in paragraphs (c) to (e)) received by him or her that, either on its own or when aggregated with all other donations made by or on behalf of the same donor during the year, exceeds $6,000 in sum or value; and

cthe details specified in subsection (4) in respect of every anonymous party donation received by him or her—

iexceeding $50, in any case where the party secretary believes or has reasonable grounds to suspect the donor is an overseas person; or

iiexceeding $1,500, in any other case; and

dthe details specified in subsection (5) in respect of every party donation received by him or her from an overseas person that, either on its own or when aggregated with all other donations made by or on behalf of the same overseas person during the year, exceeds $50; and

dathe details specified in subsection (5A) in respect of every contribution to a party donation received by him or her from an overseas person that, either on its own or when aggregated with other contributions made by the same overseas person to the donation, exceeds $50; and

ethe details specified in subsection (6) in respect of every payment of donations received from the Electoral Commission under section 208D; and

fthe details specified in subsection (6A) in respect of all other party donations received by him or her.

2The details referred to in subsection (1)(a) are—

athe name of the donor; and

bthe address of the donor; and

cthe amount of the donation or, in the case of aggregated donations, the total amount of the donations; and

dthe date the donation was received or, in the case of aggregated donations, the date that each donation was received.

3The details referred to in subsection (1)(b) are—

athe name of the contributor; and

bthe address of the contributor; and

cthe amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and

dthe date on which the donation, or each related donation, funded from contributions was made.

4The details referred to in subsection (1)(c) are—

athe date the donation was received; and

bthe amount of the donation; and

cthe amount paid to the Electoral Commission under section 207I(2), and the date that payment was made.

5The details referred to in subsection (1)(d) are—

athe name of the overseas person; and

bthe address of the overseas person; and

cthe amount of the donation or, in the case of aggregated donations, the total amount of the donations; and

dthe date the donation was received or, in the case of aggregated donations, the date each donation was received; and

ethe amount returned to an overseas person or paid to the Electoral Commission under section 207K(2A), and the date of that return or payment, as the case may be.

5AThe details referred to in subsection (1)(da) are—

athe name of the overseas person; and

bthe address of the overseas person; and

cthe amount of the contribution or, in the case of aggregated contributions, the total amount of the aggregated contributions; and

dthe date on which the related donation funded from the contribution was made; and

ethe amount returned to the donor or paid to the Electoral Commission under section 207K(3), and the date of that return or payment, as the case may be.

6The details referred to in subsection (1)(e) are—

athe date the payment was received; and

bthe amount of the payment; and

cthe amount of interest included in the payment.

6AThe details referred to in subsection (1)(f) are,—

ain respect of anonymous party donations received of an amount not exceeding $1,500,—

ithe number of donations; and

iithe total amount of the donations; and

bin respect of all other party donations received of an amount not exceeding $1,500,—

ithe number of donations; and

iithe total amount of the donations; and

cin respect of party donations received of an amount exceeding $1,500 but not exceeding $6,000,—

ithe number of donations; and

iithe total amount of the donations.

6BA return must also set out—

athe total amount of all of the party donations disclosed under subsection (1)(a); and

bthe total amount of all of the party donations disclosed under subsection (1)(c); and

cthe total amount of all of the party donations disclosed under subsection (1)(d); and

dthe total amount of all of the party donations disclosed under subsection (1)(e); and

ethe total amount of all of the party donations disclosed under subsection (1)(f); and

fthe aggregate of the total amounts referred to in paragraphs (a) to (e); and

ga breakdown of the aggregate referred to in paragraph (f) showing the total amount of—

iparty donations received in money; and

iiother party donations received (whether of the equivalent of money or of goods or services).

7A return must—

abe filed by 30 April of the following year; and

bbe in the form required by the Electoral Commission; and

cbe accompanied by an auditor’s report, if an auditor’s report is required to be obtained under section 210A.

8Despite anything in subsection (1),—

aif a party secretary is required to file under that subsection a return of party donations that relates to the year in which the party became registered, that return is to relate to the period beginning with the date of registration of the party and ending on 31 December of that year:

bif a party secretary is required to file under that subsection a return of party donations that relates to the year in which the party’s registration was cancelled, that return is to relate to the period beginning on 1 January of that year and ending on the date of cancellation of the party’s registration:

cif a party secretary is required to file under that subsection a return of party donations that relates to the year in which the party became registered and the party’s registration was cancelled, that return is to relate to the period beginning with the date of registration of the party and ending on the date of cancellation of the party’s registration.

8AThe cancellation of a party’s registration before the close of 30 April in any year does not release the party secretary, or the person who most recently held that position, from the requirement under this section to file a return of party donations for the preceding year.9In this section, year means the period of 12 months starting on 1 January and ending with the close of 31 December.2007 No 111 s 51

Section 210: substituted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 210(1): amended, on 25 March 2014, by section 38(1) of the Electoral Amendment Act 2014 (2014 No 8).

Section 210(1)(a): amended, on 1 January 2026, by section 122(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 210(1)(b): replaced, on 25 March 2014, by section 38(2) of the Electoral Amendment Act 2014 (2014 No 8).

Section 210(1)(b): amended, on 1 January 2026, by section 122(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 210(1)(b): amended, on 1 January 2020, by section 14(1) of the Electoral Amendment Act 2019 (2019 No 72).

Section 210(1)(c): replaced, on 1 January 2020, by section 14(2) of the Electoral Amendment Act 2019 (2019 No 72).

Section 210(1)(d): substituted, on 1 January 2011, by section 27(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 210(1)(d): amended, on 1 January 2020, by section 14(3) of the Electoral Amendment Act 2019 (2019 No 72).

Section 210(1)(da): inserted, on 1 January 2011, by section 27(3) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 210(1)(da): amended, on 1 January 2020, by section 14(3) of the Electoral Amendment Act 2019 (2019 No 72).

Section 210(1)(da): amended, on 25 March 2014, by section 38(3) of the Electoral Amendment Act 2014 (2014 No 8).

Section 210(1)(e): amended, on 1 January 2011, by section 27(4) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 210(1)(f): added, on 1 January 2011, by section 27(4) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 210(2)(c): substituted, on 1 January 2011, by section 27(5) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 210(2)(d): substituted, on 1 January 2011, by section 27(5) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 210(3): replaced, on 25 March 2014, by section 38(4) of the Electoral Amendment Act 2014 (2014 No 8).

Section 210(5): substituted, on 1 January 2011, by section 27(6) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 210(5A): inserted, on 1 January 2011, by section 27(6) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 210(5A)(c): amended, on 25 March 2014, by section 38(5) of the Electoral Amendment Act 2014 (2014 No 8).

Section 210(6A): replaced, on 1 January 2023, by section 6(2) of the Electoral Amendment Act 2022 (2022 No 80).

Section 210(6A)(c): amended, on 1 January 2026, by section 122(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 210(6B): inserted, on 1 January 2023, by section 6(3) of the Electoral Amendment Act 2022 (2022 No 80).

Section 210(7): replaced, on 25 March 2014, by section 38(6) of the Electoral Amendment Act 2014 (2014 No 8).

Section 210(7)(c): replaced, on 1 January 2023, by section 6(4) of the Electoral Amendment Act 2022 (2022 No 80).

Section 210(8): replaced, on 20 December 2025, by section 124 of the Electoral Amendment Act 2025 (2025 No 82).

Section 210(8A): inserted, on 20 December 2025, by section 124 of the Electoral Amendment Act 2025 (2025 No 82).

Section 210(9): inserted, on 25 March 2014, by section 38(7) of the Electoral Amendment Act 2014 (2014 No 8).

210AAuditor's report on annual return of party donations1This section applies if—

aan annual return of party donations required to be filed under section 210 shows that the total amount of donations received by the party secretary for the year exceeds $50,000; or

ban annual return of party donations required to be filed under section 210 shows that the total amount of donations received by the party secretary for the year does not exceed $50,000, but the annual return of party loans filed by the party secretary under section 214C for the same year discloses that the party—

ihas entered into at least 1 loan during that year; or

iihas an unpaid balance exceeding $15,000 on a loan entered into during any previous year.

1AA party secretary must obtain from the auditor appointed under section 206J a report on the return of party donations.2The auditor must state in the report whether, in the auditor's opinion, the return fairly reflects the party donations received by the party secretary.3The auditor must make any examinations that the auditor considers necessary.4The auditor must specify in the report any case in which—

athe return does not, in the auditor's opinion, fairly reflect the party donations received by the party secretary:

bthe auditor has not received from the party secretary all the information that the auditor requires to carry out his or her duties:

cproper records of party donations have not, in the auditor's opinion, been kept by the party secretary.

5The auditor—

amust have access at all reasonable times to all records, documents, and accounts that relate to the party donations and that are held by the party or the party secretary; and

bmay require the party secretary to provide any information and explanations that, in the auditor's opinion, may be necessary to enable the auditor to prepare the report.

2007 No 111 s 52

Section 210A: substituted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 210A(1): replaced, on 1 January 2023, by section 7 of the Electoral Amendment Act 2022 (2022 No 80).

Section 210A(1A): inserted, on 1 January 2023, by section 7 of the Electoral Amendment Act 2022 (2022 No 80).

210BNil returnIf a party secretary considers that there is no relevant information to disclose under section 210, the party secretary must file a nil return under that section.2007 No 111 s 53

Section 210B: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

210CReturn of party donation received from same donor exceeding $20,0001A party secretary must file with the Electoral Commission a return in respect of every party donation received from a donor during the period specified in subsection (2) (the specified period) that—

aexceeds $20,000; or

bwhen aggregated with all previous donations received from the donor in the specified period, exceeds $20,000.

2The specified period is,—

aif a general election is held in the calendar year in which the term of Parliament is due to expire, the period—

icommencing on the earlier of the following dates:

Athe day after the date on which the Prime Minister gives public notice of the day that is to be polling day; and

B1 January of that year; and

iiending on the close of the day before polling day; or

bif a general election is held in a year other than in the calendar year in which the term of Parliament is due to expire, the period—

icommencing on the day after the date on which the Prime Minister gives public notice of the day that is to be polling day; and

iiending on the close of the day before polling day.

3If a return is made under subsection (1)(b), the donations disclosed in that return must be disregarded when applying this section in relation to a party donation that is made after that return is filed.4A return filed under subsection (1)(a) must be in the form required by the Electoral Commission and set out—

athe name of the donor (if known); and

bthe address of the donor (if known); and

cthe amount of the donation; and

dthe date the donation was received; and

ethe following details in respect of every contribution to the donation made by or on behalf of the same contributor that exceeds $20,000:

ithe name of the contributor; and

iithe address of the contributor; and

iiithe amount of the contribution.

5A return filed under subsection (1)(b) must be in the form required by the Electoral Commission and set out—

athe name of the donor; and

bthe address of the donor; and

cthe amount of the donation; and

dthe amounts of all previous donations; and

ethe date the donation was received; and

fthe dates all previous donations were received.

6A return must be filed under subsection (1)(a) or (b) within 20 working days of the donation being received by the party secretary.7In this section, give public notice means issue a media statement.2007 No 111 s 54

Section 210C: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 210C heading: amended, on 1 January 2023, by section 8(1) of the Electoral Amendment Act 2022 (2022 No 80).

Section 210C(1): replaced, on 1 January 2023, by section 8(2) of the Electoral Amendment Act 2022 (2022 No 80).

Section 210C(2): replaced, on 1 January 2023, by section 8(2) of the Electoral Amendment Act 2022 (2022 No 80).

Section 210C(3): amended, on 1 January 2023, by section 8(3) of the Electoral Amendment Act 2022 (2022 No 80).

Section 210C(4): amended, on 1 January 2023, by section 8(4) of the Electoral Amendment Act 2022 (2022 No 80).

Section 210C(4)(d): amended, on 25 March 2014, by section 39(1) of the Electoral Amendment Act 2014 (2014 No 8).

Section 210C(4)(e): inserted, on 25 March 2014, by section 39(2) of the Electoral Amendment Act 2014 (2014 No 8).

Section 210C(4)(e): amended, on 1 January 2023, by section 8(5) of the Electoral Amendment Act 2022 (2022 No 80).

Section 210C(5): amended, on 1 January 2023, by section 8(6) of the Electoral Amendment Act 2022 (2022 No 80).

Section 210C(6): amended, on 1 January 2026, by section 123 of the Electoral Amendment Act 2025 (2025 No 82).

Section 210C(6): amended, on 1 January 2023, by section 8(7) of the Electoral Amendment Act 2022 (2022 No 80).

Section 210C(7): inserted, on 1 January 2023, by section 8(8) of the Electoral Amendment Act 2022 (2022 No 80).

210DOffences relating to return of party donations1A party secretary commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse,—

afiles a return of party donations under section 210 during the late period:

bfiles a return of party donations under section 210C during the late period.

1AA party secretary is guilty of a corrupt practice who, without reasonable excuse,—

afiles a return of party donations under section 210 or 210C after the late period; or

bfails to file a return of party donations under—

isection 210:

iisection 210C.

2A party secretary who files a return under section 210 or 210C that is false in any material particular is guilty of—

aa corrupt practice if he or she filed the return knowing it to be false in any material particular; or

ban illegal practice in any other case unless the party secretary proves that—

ihe or she had no intention to misstate or conceal the facts; and

iihe or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate.

3In this section, late period, in relation to the filing of a return, means the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later.2007 No 111 s 56

Section 210D: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 210D(1): replaced, on 25 March 2014, by section 40(1) of the Electoral Amendment Act 2014 (2014 No 8).

Section 210D(1A): inserted, on 25 March 2014, by section 40(1) of the Electoral Amendment Act 2014 (2014 No 8).

Section 210D(3): inserted, on 25 March 2014, by section 40(2) of the Electoral Amendment Act 2014 (2014 No 8).

210EObligation to retain records necessary to verify return of party donations1A party secretary must take all reasonable steps to ensure that all records, documents, and accounts that are necessary to enable returns under sections 210 and 210C to be verified are retained until the expiry of the period within which a prosecution may be commenced under this Act in relation to the returns or in relation to any matter to which the returns relate.2A party secretary who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000.2007 No 111 s 55

Section 210E: inserted, on 1 March 2009, by section 6 of the Electoral Amendment Act 2009 (2009 No 1).

Section 210E(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

210FReturn of party donations to be publicly availableDuring the public inspection period, the Electoral Commission must ensure that the following are publicly available (free of charge) on the Electoral Commission’s internet site:

aa return filed under section 210; and

ban auditor’s report obtained under section 210A accompanying the return referred to in paragraph (a); and

ca return filed under section 210C.

Section 210F: replaced, on 20 December 2025, by section 117 of the Electoral Amendment Act 2025 (2025 No 82).

7Annual financial statements of parties

Subpart 7: inserted, on 1 January 2023, by section 29 of the Electoral Amendment Act 2022 (2022 No 80).

210GAnnual financial statements to be provided to Electoral Commission1The secretary of a party that is an incorporated society must provide a copy of the party’s annual financial statements to the Electoral Commission—

aon the same date as the date on which the party’s annual financial statements are given to the Registrar of Incorporated Societies; but

bin any event, not later than 6 months after the party’s balance date.

2The secretary of a party that is not an incorporated society, but that has a constitution requiring the preparation of annual financial statements for the party, must provide a copy of the party’s annual financial statements to the Electoral Commission within 6 months after the party’s balance date.3The secretary of a party that is not an incorporated society and does not have a constitution requiring the preparation of annual financial statements for the party must provide to the Electoral Commission each year, within 6 months after the most recent default balance date, annual financial statements for the previous 12-month period ending on that default balance date (the previous 12-month period) prepared in accordance with generally accepted accounting practice and containing the following information:

adetails of the income and expenditure, or receipts and payments, of the party during the previous 12-month period; and

bdetails of the assets and liabilities of the party at the close of the previous 12-month period; and

cdetails of all mortgages, charges, and other security interests of any description affecting any of the property of the party at the close of the previous 12-month period.

4No annual financial statements that are in respect of any period before 1 January 2023 are required to be provided to the Electoral Commission under this section.4AIf a party’s registration is cancelled in any year, the secretary of the party, or the person who most recently held that position, must provide to the Electoral Commission a copy of—

athe party’s annual financial statements next due under this section as if the party’s registration had not been cancelled; or

bthe financial statements of the party for the period commencing on the day after the party’s last balance date and ending on the date of cancellation of the party’s registration.

5In this section,—

default balance date means 31 March in any year

generally accepted accounting practice has the same meaning as in section 8 of the Financial Reporting Act 2013

incorporated society means an incorporated society registered under the

Incorporated Societies Act 1908

or the

Incorporated Societies Act 2022

Section 210G: inserted, on 1 January 2023, by section 29 of the Electoral Amendment Act 2022 (2022 No 80).

Section 210G(4A): inserted, on 20 December 2025, by section 125 of the Electoral Amendment Act 2025 (2025 No 82).

210HAuditor’s report on annual financial statements1This section applies if an auditor’s report is required to be obtained on a party’s annual financial statements by—

aany enactment; or

bthe party’s constitution.

2When providing a copy of the party’s annual financial statements to the Electoral Commission in accordance with section 210G the party secretary must also provide to the Electoral Commission a copy of the auditor’s report obtained on the statements.

Section 210H: inserted, on 1 January 2023, by section 29 of the Electoral Amendment Act 2022 (2022 No 80).

210IPublication of annual financial statementsThe Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, annual financial statements received under section 210G.

Section 210I: inserted, on 1 January 2023, by section 29 of the Electoral Amendment Act 2022 (2022 No 80).

210JOffences relating to annual financial statements1A party secretary commits an offence and is liable on conviction to a fine not exceeding $40,000 if the party secretary, without reasonable excuse, provides the Electoral Commission with annual financial statements for the party during the late period.2A party secretary is guilty of a corrupt practice if the party secretary, without reasonable excuse,—

aprovides the Electoral Commission with annual financial statements for the party after the late period; or

bfails to provide the Electoral Commission with annual financial statements for the party.

3In this section, late period, in relation to providing annual financial statements, means the period commencing on the day after the date on which the statements are required to be provided to the Electoral Commission and ending on the day that is 15 working days later.

Section 210J: inserted, on 1 January 2023, by section 29 of the Electoral Amendment Act 2022 (2022 No 80).

6BLoans

Part 6B: inserted, on 25 March 2014, by section 41 of the Electoral Amendment Act 2014 (2014 No 8).

211Application of this PartThis Part applies to loans entered into by—

aa party secretary on behalf of the party:

ba candidate.

Section 211: replaced, on 1 January 2023, by section 9 of the Electoral Amendment Act 2022 (2022 No 80).

1General provisions relating to loans

Subpart 1: inserted, on 25 March 2014, by section 41 of the Electoral Amendment Act 2014 (2014 No 8).

212InterpretationIn this Part,—

late period, in relation to the filing of a return, means the period commencing on the day after the date on which the return is required to be filed and ending on the day that is 15 working days later

lender, in relation to a loan, means the person providing the loan

loan,—

ato a candidate,—

imeans a written or an oral agreement or arrangement under which a lender lends money or agrees to lend money at specified dates or on request or on the occurrence of a particular event for use in the candidate’s campaign for election; but

iidoes not include any money lent by a registered lender at a commercial interest rate:

bto a party,—

imeans a written or an oral agreement or arrangement under which a lender lends money or agrees to lend money at specified dates or on request or on the occurrence of a particular event; but

iidoes not include any money lent by a registered bank at a commercial interest rate

loan amount means—

athe amount of money lent by the lender under the loan; or

bwhere any money may be lent under the loan in the future, the maximum amount that may be owed at any one time; or

cthe total of the amounts in paragraphs (a) and (b), in any case where the lender has provided, and may in the future provide, money under the loan

registered bank has the same meaning as in section 2(1) of the Banking (Prudential Supervision) Act 1989

registered lender means a lender who is registered as a financial service provider under the

Financial Service Providers (Registration and Dispute Resolution) Act 2008

Section 212: inserted, on 25 March 2014, by section 41 of the Electoral Amendment Act 2014 (2014 No 8).

Section 212

late period: inserted, on 1 January 2023, by section 10(2) of the Electoral Amendment Act 2022 (2022 No 80).

Section 212

loan: replaced, on 1 January 2023, by section 10(1) of the Electoral Amendment Act 2022 (2022 No 80).

Section 212

registered bank: amended, on 1 July 2022, by section 300(1) of the Reserve Bank of New Zealand Act 2021 (2021 No 31).

Section 212

registered lender: inserted, on 1 January 2023, by section 10(2) of the Electoral Amendment Act 2022 (2022 No 80).

213Party secretary may enter into loan on behalf of party1A party may enter into a loan only with the authorisation of the party secretary.2Only the party secretary may enter into a loan on behalf of the party.3If the party secretary enters into a loan that is not in writing, the party secretary must, as soon as is reasonably practicable, make a written record of the loan.4A loan entered into in contravention of this section is an illegal contract for the purposes of subpart 5 of Part 2 of the Contract and Commercial Law Act 2017.

Section 213: inserted, on 25 March 2014, by section 41 of the Electoral Amendment Act 2014 (2014 No 8).

Section 213(4): amended, on 1 September 2017, by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).

214Offence to enter into unauthorised loanA person is guilty of—

aa corrupt practice who wilfully contravenes section 213; and

ban illegal practice who contravenes section 213 in any other case.

Section 214: inserted, on 25 March 2014, by section 41 of the Electoral Amendment Act 2014 (2014 No 8).

214AOffence to enter into arrangement to circumvent section 213, 214C, or 214FA person who enters into an agreement, arrangement, or understanding with any other person for the purpose of circumventing section 213, or for the purpose of circumventing the disclosure required by section 214C or 214F, is guilty of an illegal practice.

Section 214A: inserted, on 25 March 2014, by section 41 of the Electoral Amendment Act 2014 (2014 No 8).

214BRecords of loans: parties1A party secretary must keep proper records of all loans entered into on behalf of the party.2A party secretary who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000.

Section 214B: inserted, on 25 March 2014, by section 41 of the Electoral Amendment Act 2014 (2014 No 8).

Section 214B heading: replaced, on 1 January 2023, by section 11 of the Electoral Amendment Act 2022 (2022 No 80).

214BARecords of loans: candidates1A candidate must keep proper records of all loans they enter into.2A candidate who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000.

Section 214BA: inserted, on 1 January 2023, by section 12 of the Electoral Amendment Act 2022 (2022 No 80).

214BAPeriods for claiming and paying expenses

Section 214BA: repealed, on 20 December 2007, by section 21(2)(b) of the Electoral Amendment Act 2007 (2007 No 113).

214BBProcedure if claim disputed

Section 214BB: repealed, on 20 December 2007, by section 21(2)(b) of the Electoral Amendment Act 2007 (2007 No 113).

214BCLeave to pay claim after time limited

Section 214BC: repealed, on 20 December 2007, by section 21(2)(b) of the Electoral Amendment Act 2007 (2007 No 113).

214BDPayments to be vouched by bill

Section 214BD: repealed, on 20 December 2007, by section 21(2)(b) of the Electoral Amendment Act 2007 (2007 No 113).

2Disclosure of loans

Subpart 2: inserted, on 25 March 2014, by section 41 of the Electoral Amendment Act 2014 (2014 No 8).

214CAnnual return of party loans1A party secretary must file with the Electoral Commission, for each year, a return of party loans setting out—

athe details specified in subsection (2) in respect of—

ievery loan entered into during the year that has a loan amount exceeding $15,000; and

iievery loan entered into in any previous year that—

Ahas a loan amount exceeding $15,000; and

Bat the close of 31 December of the year for which the return of party loans is filed, has an unpaid balance exceeding $15,000; and

bthe details specified in subsection (3) in respect of every loan entered into during the year that has a loan amount not exceeding $15,000, but which exceeds $15,000 when aggregated with—

ithe loan amounts of all other loans provided by the same lender during the year; or

iithe unpaid balances of any loans provided by the same lender during any previous year; and

cthe details specified in subsection (4) in respect of all other loans entered into during the year that each have loan amounts of not less than $1,500 and not more than $15,000.

2The details referred to in subsection (1)(a) are—

athe name of the lender; and

bthe address of the lender; and

cthe loan amount; and

dthe date on which the loan was entered into; and

ethe repayment date for the loan, or a statement that there is no repayment date; and

fthe interest rate or rates; and

gthe unpaid balance of the loan amount, if any; and

hthe name and address of any guarantor of the loan; and

ithe details of any security given for the loan; and

jwhether there is any term of the loan agreement or arrangement that enables the lender to reduce or extinguish the loan amount or interest, or both, or grant any concession in respect of repayment of that amount or interest, or both.

3The details referred to in subsection (1)(b) are—

athe details specified in subsection (2); and

bthe total of the aggregated loan amount.

4The details referred to in subsection (1)(c) are—

athe number of loans; and

bthe total of the aggregated loan amounts.

5A return of party loans must—

abe filed by 30 April of the following year; and

bbe in a form required by the Electoral Commission; and

cbe accompanied by an auditor's report obtained under section 214D.

6In this section, year means the period of 12 months starting on 1 January and ending with the close of 31 December.7Despite anything in subsection (1),—

aif a party secretary is required to file under that subsection a return of party loans that relates to the year in which the party became registered, that return is to relate to the period beginning with the date of registration of the party and ending on 31 December of that year:

bif a party secretary is required to file under that subsection a return of party loans that relates to the year in which the party’s registration was cancelled, that return is to relate to the period beginning on 1 January of that year and ending on the date of cancellation of the party’s registration:

cif a party secretary is required to file under that subsection a return of party loans that relates to the year in which the party became registered and the party’s registration was cancelled, that return is to relate to the period beginning with the date of registration of the party and ending on the date of cancellation of the party’s registration.

8The cancellation of a party’s registration before the close of 30 April in any year does not release the party secretary, or the person who most recently held that position, from the requirement under this section to file a return of party loans for the preceding year.

Section 214C: inserted, on 25 March 2014, by section 41 of the Electoral Amendment Act 2014 (2014 No 8).

Section 214C heading: replaced, on 1 January 2023, by section 13(1) of the Electoral Amendment Act 2022 (2022 No 80).

Section 214C(1): amended, on 1 January 2023, by section 13(2) of the Electoral Amendment Act 2022 (2022 No 80).

Section 214C(1)(a)(ii)(B): amended, on 1 January 2023, by section 13(2) of the Electoral Amendment Act 2022 (2022 No 80).

Section 214C(5): amended, on 1 January 2023, by section 13(2) of the Electoral Amendment Act 2022 (2022 No 80).

Section 214C(7): replaced, on 20 December 2025, by section 126 of the Electoral Amendment Act 2025 (2025 No 82).

Section 214C(8): inserted, on 20 December 2025, by section 126 of the Electoral Amendment Act 2025 (2025 No 82).

214DAuditor’s report on annual return of party loans1This section applies to a return of party loans required to be filed under section 214C, except for a nil return filed under section 214E.1AA party secretary must obtain a report on the return of party loans from the auditor appointed under section 206J.2The auditor must state in the report whether, in the auditor's opinion, the return of party loans fairly reflects the loans entered into by the party.3The auditor must make any examinations that the auditor considers necessary.4The auditor must specify in the report any case in which—

athe return of party loans does not, in the auditor's opinion, fairly reflect the loans entered into by or on behalf of the party:

bthe auditor has not received from the party secretary all the information that the auditor requires to carry out his or her duties:

cproper records of loans entered into by or on behalf of the party have not, in the auditor's opinion, been kept by the party secretary.

5The auditor—

amust have access at all reasonable times to all records, documents, and accounts that relate to the loans entered into by or on behalf of the party and that are held by the party or the party secretary; and

bmay require the party secretary to provide any information and explanation that, in the auditor's opinion, may be necessary to enable the auditor to prepare the report.

Section 214D: inserted, on 25 March 2014, by section 41 of the Electoral Amendment Act 2014 (2014 No 8).

Section 214D heading: replaced, on 1 January 2023, by section 14(1) of the Electoral Amendment Act 2022 (2022 No 80).

Section 214D(1): replaced, on 1 January 2023, by section 14(2) of the Electoral Amendment Act 2022 (2022 No 80).

Section 214D(1A): inserted, on 1 January 2023, by section 14(2) of the Electoral Amendment Act 2022 (2022 No 80).

Section 214D(2): amended, on 1 January 2023, by section 14(3) of the Electoral Amendment Act 2022 (2022 No 80).

Section 214D(4)(a): amended, on 1 January 2023, by section 14(3) of the Electoral Amendment Act 2022 (2022 No 80).

214ENil return: partiesIf a party secretary considers that there is no relevant information to disclose under section 214C, the party secretary must file a nil return of party loans under that section.

Section 214E: inserted, on 25 March 2014, by section 41 of the Electoral Amendment Act 2014 (2014 No 8).

Section 214E heading: replaced, on 1 January 2023, by section 15(1) of the Electoral Amendment Act 2022 (2022 No 80).

Section 214E: amended, on 1 January 2023, by section 15(2) of the Electoral Amendment Act 2022 (2022 No 80).

214FReturn of party loan provided by same lender exceeding $30,0001A party secretary must file with the Electoral Commission a return in respect of every loan entered into on behalf of the party that has a loan amount exceeding $30,000.2A party secretary must file with the Electoral Commission a return in respect of every loan entered into on behalf of the party—

athat is provided by a lender who, in the 12 months immediately preceding the date on which the loan was entered into (the last 12 months), has provided 1 or more other loans to the party (previous loans); and

bthat exceeds $30,000 when the amount of the loan is aggregated with the loan amounts of all the previous loans.

3If a return is made under subsection (2), the loans disclosed in that return must be disregarded when applying this section in relation to a loan that is entered into on behalf of the party after that return is filed.4A return filed under subsection (1) must be in the form required by the Electoral Commission and must set out—

athe name of the lender; and

bthe address of the lender; and

cthe loan amount; and

dthe date on which the loan was entered into; and

ethe repayment date for the loan, or a statement that there is no repayment date; and

fthe interest rate or rates; and

gthe unpaid balance of the loan amount, if any; and

hthe name and address of any guarantor of the loan; and

ithe details of any security given for the loan; and

5A return filed under subsection (2) must be in the form required by the Electoral Commission and must set out—

athe details specified in subsection (4) in respect of—

ithe loan; and

iiall previous loans; and

bthe total of the aggregated loan amount.

6A return must be filed under subsection (1) or (2) within 10 working days of the loan being entered into by the party.

Section 214F: inserted, on 25 March 2014, by section 41 of the Electoral Amendment Act 2014 (2014 No 8).

Section 214F heading: replaced, on 1 January 2023, by section 16(1) of the Electoral Amendment Act 2022 (2022 No 80).

Section 214F(1): amended, on 1 January 2023, by section 16(2) of the Electoral Amendment Act 2022 (2022 No 80).

Section 214F(2): amended, on 1 January 2023, by section 16(3) of the Electoral Amendment Act 2022 (2022 No 80).

Section 214F(3): amended, on 1 January 2023, by section 16(4) of the Electoral Amendment Act 2022 (2022 No 80).

214GOffences relating to return of party loans1A party secretary commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse,—

afiles a return of party loans under section 214C during the late period:

bfiles a return of party loans under section 214F during the late period.

2A party secretary is guilty of a corrupt practice who, without reasonable excuse,—

afiles a return of party loans under section 214C or 214F after the late period; or

bfails to file a return of party loans under—

isection 214C:

iisection 214F.

3A party secretary who files a return under section 214C or 214F that is false in any material particular is guilty of—

aa corrupt practice if he or she filed the return knowing it to be false in any material particular; or

ban illegal practice in any other case unless the party secretary proves that—

ihe or she had no intention to misstate or conceal the facts; and

iihe or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate.

4A party secretary charged with an offence against subsection (3)(a) may be convicted of an offence against subsection (3)(b).5

Section 214G: inserted, on 25 March 2014, by section 41 of the Electoral Amendment Act 2014 (2014 No 8).

Section 214G(5): repealed, on 1 January 2023, by section 17 of the Electoral Amendment Act 2022 (2022 No 80).

214GAReturn of candidate loans1A candidate must, at the same time as filing a return of election expenses (under section 205K) and a return of donations (under section 209), file with the Electoral Commission a return setting out the details specified in subsection (2) in respect of every loan entered into.2The details referred to in subsection (1) are—

athe name of the lender; and

bthe address of the lender; and

cthe loan amount; and

dthe date on which the loan was entered into; and

ethe repayment date for the loan, or a statement that there is no repayment date; and

fthe interest rate or rates; and

gthe unpaid balance of the loan amount, if any; and

hthe name and address of any guarantor of the loan; and

ithe details of any security given for the loan; and

3A return must be in the form required by the Electoral Commission.

Section 214GA: inserted, on 1 January 2023, by section 18 of the Electoral Amendment Act 2022 (2022 No 80).

214GBNil return: candidatesIf a candidate considers that there is no relevant information to disclose under section 214GA, the candidate must file a nil return of candidate loans under that section.

Section 214GB: inserted, on 1 January 2023, by section 18 of the Electoral Amendment Act 2022 (2022 No 80).

214GCOffences relating to return of candidate loans1A candidate commits an offence and is liable on conviction to a fine not exceeding $40,000 who, without reasonable excuse, files a return of candidate loans under section 214GA during the late period.2A candidate is guilty of a corrupt practice if the candidate, without reasonable excuse,—

afiles a return of candidate loans under section 214GA after the late period; or

bfails to file a return of candidate loans under section 214GA.

3A candidate who files a return of candidate loans under section 214GA that is false in any material particular is guilty of—

aa corrupt practice if the candidate filed the return knowing it to be false in any material particular; or

ban illegal practice in any other case unless the candidate proves that—

ithe candidate had no intention to misstate or conceal the facts; and

iithe candidate took all reasonable steps in the circumstances to ensure that the information in the return was accurate.

4A candidate charged with an offence against subsection (3)(a) may be convicted of an offence against subsection (3)(b).

Section 214GC: inserted, on 1 January 2023, by section 18 of the Electoral Amendment Act 2022 (2022 No 80).

214HDuty of Electoral Commission1If the Electoral Commission believes that any person has committed an offence specified in this Part, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police.2Subsection (1) does not apply if the Electoral Commission considers that the offence is so inconsequential that there is no public interest in reporting those facts to the New Zealand Police.

Section 214H: inserted, on 25 March 2014, by section 41 of the Electoral Amendment Act 2014 (2014 No 8).

214IObligation to retain records necessary to verify return of loans1A party secretary must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable returns under sections 214C and 214F to be verified are retained until the expiry of the period within which a prosecution may be commenced under this Act in relation to the returns or in relation to any matter to which the returns relate.2A party secretary who fails, without reasonable excuse, to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $40,000.3A candidate must take all reasonable steps to ensure that all records, documents, and accounts that are reasonably necessary to enable returns filed under section 214GA to be verified are retained until the expiry of the period within which a prosecution may be commenced under this Act in relation to the returns or in relation to any matter to which the returns relate.4A candidate who fails, without reasonable excuse, to comply with subsection (3) commits an offence and is liable on conviction to a fine not exceeding $40,000.

Section 214I: inserted, on 25 March 2014, by section 41 of the Electoral Amendment Act 2014 (2014 No 8).

Section 214I heading: amended, on 1 January 2023, by section 19(1) of the Electoral Amendment Act 2022 (2022 No 80).

Section 214I(3): inserted, on 1 January 2023, by section 19(2) of the Electoral Amendment Act 2022 (2022 No 80).

Section 214I(4): inserted, on 1 January 2023, by section 19(2) of the Electoral Amendment Act 2022 (2022 No 80).

214JReturns of loans to be publicly availableDuring the public inspection period, the Electoral Commission must ensure that the following are publicly available (free of charge) on the Electoral Commission’s internet site:

aa return filed under section 214C; and

ban auditor’s report obtained under section 214D accompanying the return referred to in paragraph (a); and

ca return filed under section 214F; and

da return filed under section 214GA.

Section 214J: replaced, on 20 December 2025, by section 118 of the Electoral Amendment Act 2025 (2025 No 82).

214KObligation to file nil returns

Section 214K: repealed, on 20 December 2007, by section 21(2)(b) of the Electoral Amendment Act 2007 (2007 No 113).

214LObligation to retain records necessary to verify returns

Section 214L: repealed, on 20 December 2007, by section 21(2)(b) of the Electoral Amendment Act 2007 (2007 No 113).

7Corrupt and illegal practicesCorrupt practices215Personation1Every person is guilty of a corrupt practice who commits, or aids or abets, counsels, or procures the commission of, the offence of personation.2Every person commits the offence of personation who—

avotes as some other person, whether that person is living or dead or is a fictitious person; or

bhaving voted at any election, votes again at the same election; or

chaving voted at an election in any district at a general election, votes at an election in another district at the same general election.

3For the purposes of this section, a person shall be deemed to have voted if he or she has applied for a ballot paper for himself or herself, or has applied to vote as a special voter, or has marked a ballot paper for himself or herself, whether validly or not.4Where the Electoral Commission believes that any person has committed an offence against this section, the Electoral Commission shall report the facts on which that belief is based to the New Zealand Police.1956 No 107 s 140; 1983 No 104 s 24

Section 215(4): amended, on 21 March 2017, by section 105 of the Electoral Amendment Act 2017 (2017 No 9).

Section 215(4): amended, on 17 August 2011, by section 25 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

216Bribery1Every person is guilty of a corrupt practice who commits the offence of bribery.2A person commits the offence of bribery if the person directly, indirectly, or by an agent—

agives any money to, or procures any benefit for, a voter to induce the voter to—

ivote or refrain from voting; or

iirefrain from registering as an elector of an electoral district; or

iiiregister on the roll for a General electoral district and not a Māori electoral district, or register on the roll for a Māori electoral district and not a General electoral district; or

bgives any money to, or procures any benefit for, another person on behalf of any voter to induce the voter to—

ivote or refrain from voting; or

iirefrain from registering as an elector of an electoral district; or

iiiregister on the roll for a General electoral district and not a Māori electoral district, or register on the roll for a Māori electoral district and not a General electoral district; or

cgives any money to, or procures any benefit for, any person for that person to induce any voter to—

ivote or refrain from voting; or

iirefrain from registering as an elector of an electoral district; or

iiiregister on the roll for a General electoral district and not a Māori electoral district, or register on the roll for a Māori electoral district and not a General electoral district; or

dgives any money to, or procures any benefit for, any person, corruptly, on account of any voter having—

ivoted or refrained from voting; or

iirefrained from registering as an elector of an electoral district; or

iiiregistered on the roll for a General electoral district and not a Māori electoral district, or registered on the roll for a Māori electoral district and not a General electoral district; or

egives any money to, or procures any benefit for, any other person to induce the other person to procure—

ithe return of any candidate or candidates at an election; or

iithe vote of any voter; or

freceives any money, or obtains any benefit, for procuring or agreeing to procure—

ithe return of any candidate or candidates at an election; or

iithe vote of any voter.

3For the purposes of this section,—

areferences to giving money shall include references to giving, lending, agreeing to give or lend, offering, promising, or promising to procure or endeavour to procure, any money or valuable consideration:

breferences to procuring any benefit shall include references to giving, procuring, agreeing to give or procure, offering, promising, or promising to procure or to endeavour to procure, any office, place, or employment.

4Every person commits the offence of bribery who—

aadvances or pays or causes to be paid any money to or to the use of any other person with the intent that that money or any part thereof shall be expended in bribery at any election; or

bknowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election.

5The foregoing provisions of this section shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or concerning an election.6A person commits the offence of bribery if the person directly, indirectly, or by an agent receives, or agrees to receive, any money, benefit, office, place, or employment for themselves, or any other person, for—

aagreeing to vote, or voting; or

bagreeing to refrain from voting, or refraining from voting; or

cagreeing to refrain from registering as an elector of an electoral district, or refraining from registering as an elector of an electoral district; or

dagreeing to register, or registering, as an elector of a General electoral district and not a Māori electoral district, or as an elector of a Māori electoral district and not a General electoral district; or

eagreeing to induce, or inducing, a person to—

ivote or refrain from voting; or

iirefrain from registering as an elector of an electoral district; or

iiiregister on the roll for a General electoral district and not a Māori electoral district, or register on the roll for a Māori electoral district and not a General electoral district.

7A person commits the offence of bribery if the person directly, indirectly, or by an agent receives any money or benefit for having, or for any other person having,—

avoted or refrained from voting; or

brefrained from registering as an elector of an electoral district; or

cregistered on the roll for a General electoral district and not a Māori electoral district, or registered on the roll for a Māori electoral district and not a General electoral district; or

dinduced a person to—

ivote or refrain from voting; or

iirefrain from registering as an elector of an electoral district; or

iiiregister on the roll for a General electoral district and not a Māori electoral district, or register on the roll for a Māori electoral district and not a General electoral district.

8In this section the term voter includes any person who has or claims to have a right to vote.1956 No 107 s 141

Section 216(2): replaced, on 20 December 2025, by section 46(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 216(3)(b): amended, on 20 December 2025, by section 46(2) of the Electoral Amendment Act 2025 (2025 No 82).

Section 216(6): replaced, on 20 December 2025, by section 46(3) of the Electoral Amendment Act 2025 (2025 No 82).

Section 216(7): replaced, on 20 December 2025, by section 46(4) of the Electoral Amendment Act 2025 (2025 No 82).

217Treating1Every person is guilty of a corrupt practice who commits the offence of treating.2A person commits the offence of treating if at any time the person directly, indirectly, or by an agent corruptly gives, provides, or pays (in whole or in part) the expense of giving or providing, any food, drink, entertainment, or other thing to or for a person—

afor the purpose of influencing that person, or any other person, to—

ivote or refrain from voting; or

iirefrain from registering as an elector of an electoral district; or

iiiregister on the roll for a General electoral district and not a Māori electoral district, or register on the roll for a Māori electoral district and not a General electoral district; or

bfor the purpose of procuring the vote of that person or any other person; or

con account of that person, or any other person, having—

ivoted or refrained from voting; or

iirefrained from registering as an elector of an electoral district; or

iiiregistered on the roll for a General electoral district and not a Māori electoral district, or registered on the roll for a Māori electoral district and not a General electoral district.

3Every person commits the offence of treating who, being the holder of a licence for the sale by retail of alcohol (within the meaning of section 5(1) of the Sale and Supply of Alcohol Act 2012), knowingly supplies any food, drink, entertainment, or provision—

ato any person where the supply thereof is demanded for the purpose of treating, or for any corrupt or illegal practice; or

bto any persons, whether electors or not, for the purpose of procuring the return of a candidate or candidates at an election, and without receiving payment for it at the time when it is supplied.

4A person who corruptly accepts or takes any food, drink, entertainment, or other thing in any of the circumstances specified in subsection (2) also commits the offence of treating.5Notwithstanding anything in this section, the provision of a light supper after any election meeting shall be deemed not to constitute the offence of treating.1956 No 107 s 142; 1975 No 28 s 41

Section 217(2): replaced, on 20 December 2025, by section 47(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 217(3): amended, on 18 December 2013, by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).

Section 217(4): replaced, on 20 December 2025, by section 47(2) of the Electoral Amendment Act 2025 (2025 No 82).

218Undue influence1Every person is guilty of a corrupt practice who commits the offence of undue influence.2A person commits the offence of undue influence if the person—

adirectly, indirectly, or by an agent uses, or threatens to use, any force, violence, or restraint, or inflicts or threatens to inflict any injury, damage, harm, or loss upon or against any other person to induce or compel that other person to—

ivote or refrain from voting; or

iivote, or refrain from voting, for or against a particular candidate or party; or

iiirefrain from registering as an elector of an electoral district; or

ivregister on the roll for a General electoral district and not a Māori electoral district, or register on the roll for a Māori electoral district and not a General electoral district; or

bdirectly, indirectly, or by an agent uses, or threatens to use, any force, violence, or restraint, or inflicts or threatens to inflict any injury, damage, harm, or loss upon or against any other person on account of that other person having—

ivoted or refrained from voting; or

iivoted, or refrained from voting, for or against a particular candidate or party; or

iiirefrained from registering as an elector of an electoral district; or

ivregistered on the roll for a General electoral district and not a Māori electoral district, or registered on the roll for a Māori electoral district and not a General electoral district; or

cby abduction, duress, or any fraudulent means—

iimpedes or prevents the free exercise of the franchise of an elector; or

iicompels or induces an elector to vote or to refrain from voting; or

iiicompels or induces a person to refrain from registering as an elector of an electoral district; or

ivcompels or induces a person to register on the roll for a General electoral district and not a Māori electoral district, or to register on the roll for a Māori electoral district and not a General electoral district.

1956 No 107 s 143

Section 218(2): replaced, on 20 December 2025, by section 48 of the Electoral Amendment Act 2025 (2025 No 82).

Illegal practices218AProviding food, drink, or entertainment around polling places1During any voting period, a person must not provide, free of charge, any food, drink, or entertainment in an area around a polling place knowing that the area is a controlled area.2Subsection (1) does not apply to an entity that in its ordinary course of business provides, free of charge,—

aany food or drink in the controlled area around a polling place:

bentertainment—

iin the controlled area around a polling place; or

iioutside the controlled area around a polling place but that may be seen or heard in the controlled area around a polling place.

3A person who, without reasonable excuse, contravenes subsection (1) is guilty of an illegal practice.4In this section,—

controlled area, in relation to a polling place, means the area within 100 metres of any entrance to the polling place, or any smaller area specified by the Electoral Commission for a particular polling place

drink excludes water

entertainment includes music

polling place includes an advance polling place

voting period, in relation to a polling place, means any period during which electors may vote at the polling place.

Section 218A: inserted, on 20 December 2025, by section 49 of the Electoral Amendment Act 2025 (2025 No 82).

219Payments for exhibition of election notices1No payment or contract for payment may be made to any elector on account of the exhibition of, or the use of any house, land, building, or premises for the exhibition of, any address, poster, or notice that promotes or procures the election of a candidate or candidates at an election.2Subsection (1) does not apply if it is the ordinary business of an elector to exhibit for payment posters and advertisements and the payment or contract is made in the ordinary course of that business.3If any payment or contract for payment is knowingly made in contravention of this section before, during, or after an election, the person making the payment or contract and, if he or she knew it to be in contravention of this Act, any person receiving the payment or being a party to the contract is guilty of an illegal practice.1993 No 87 s 219 (pre-20 December 2007)

Section 219: substituted, on 1 March 2009, by section 7 of the Electoral Amendment Act 2009 (2009 No 1).

Section 219 compare note: amended, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

220Providing money for illegal purposesWhere any person knowingly provides money for any purpose which is contrary to the provisions of this Act, or for any election expenses incurred in excess of the maximum amount allowed by this Act, or for repaying any money expended in any such payment or expenses, that person is guilty of an illegal practice.1956 No 107 s 147

Section 220: amended, on 1 March 2009, by section 14 of the Electoral Amendment Act 2009 (2009 No 1).

Section 220: amended, on 20 December 2007, by section 23 of the Electoral Amendment Act 2007 (2007 No 113).

221Advertisements for candidates and political parties

Section 221: repealed, on 1 January 2011, by section 30 of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

221AElectoral advertisements1A person must not publish or cause or permit to be published in any medium, or broadcast or cause or permit to be broadcast in any medium, any advertisement relating to an election (not being an election advertisement as defined in section 3A) unless the advertisement includes a statement specifying—

athe true name of the person for whom or at whose direction it is published or broadcast; and

bthe contact details of that person.

2Subsection (1) does not apply to any advertisement published or broadcast, or caused or permitted to be published or broadcast, in any medium, by the Electoral Commission, or any other agency charged with responsibilities in relation to the conduct of any official publicity or information campaign to be conducted on behalf of the Government of New Zealand and relating to electoral matters or the conduct of any general election or by-election and which either contains a statement indicating that the advertisement has been authorised by that officer or agency, or contains a symbol indicating that the advertisement has been authorised by that officer or agency.3Every person is guilty of an illegal practice who wilfully contravenes any provision of subsection (1).4Nothing in this section—

arestricts the publication or broadcast in any medium of any news or comments relating to an election made in a newspaper or periodical or by a broadcaster (as that term is defined in section 2(1) of the Broadcasting Act 1989); or

bapplies to the editorial content of a publication on a news media Internet site; or

capplies to any publication on the Internet, or other electronic medium, of personal political views by an individual who does not make or receive a payment in respect of the publication of those views.

5In this section,—

contact details, in relation to a person, has the meaning given in section 204A

medium includes the internet or any other electronic medium.

Section 221A: inserted, on 6 December 1995, by section 82 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 221A(1): replaced, on 1 January 2020, by section 17(1) of the Electoral Amendment Act 2019 (2019 No 72).

Section 221A(1)(b): replaced, on 1 January 2026, by section 132(1) of the Electoral Amendment Act 2025 (2025 No 82).

Section 221A(2): amended, on 1 January 2020, by section 17(2) of the Electoral Amendment Act 2019 (2019 No 72).

Section 221A(2): amended, on 1 July 2012, by section 52(15) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 221A(2): amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 221A(4): replaced, on 1 January 2020, by section 17(3) of the Electoral Amendment Act 2019 (2019 No 72).

Section 221A(5): replaced, on 1 January 2026, by section 132(2) of the Electoral Amendment Act 2025 (2025 No 82).

221BDisplay of advertisement of a specified kind1During the period beginning 9 weeks before polling day and ending with the close of the day before polling day, the display of an advertisement of a specified kind is not subject to—

aany prohibition or restriction imposed in any other enactment or bylaw, or imposed by any local authority, that applies in relation to the period when an advertisement of a specified kind may be displayed; or

bany prohibition or restriction imposed in any bylaw, or imposed by any local authority, that applies in relation to the content or language used in an advertisement of a specified kind.

1ADespite subsection (1), if at any time after the 9-week period referred to in that subsection commences the date that is to be polling day (date A) is changed to a later date (date B),—

athe period that began 9 weeks before date A ends at the close of 7 days after the date on which public notice is given of date B by the issue of a media statement; and

ban additional period applies for the purposes of subsection (1) in respect of the later polling day that is the shorter of the following periods; and

ithe period beginning 9 weeks before polling day and ending with the close of the day before polling day; and

iithe period beginning on the day after the day on which the period in paragraph (a) closes and ending with the close of the day before polling day.

2In this section, advertisement of a specified kind means an advertisement displayed in a public place or on private property that does not exceed 3 square metres in size and that—

aencourages or persuades, or appears to encourage or persuade, voters to vote for a party registered under Part 4; or

bis used, or appears to be used, to promote or procure the election of a candidate; but

cdoes not include—

ian advertisement published in any newspaper, periodical, or handbill, or in any poster less than 150 square centimetres in size; or

iian advertisement broadcast by any television station or by any electronic means of communication.

3Nothing in this section limits or prevents the display before polling day of any advertisement relating to an election that complies with any prohibition or restriction imposed in any enactment or bylaw, or imposed by any local authority.1993 No 87 s 221B (pre-20 December 2007)

Section 221B: substituted, on 1 March 2009, by section 9 of the Electoral Amendment Act 2009 (2009 No 1).

Section 221B(1): amended, on 21 March 2017, by section 106 of the Electoral Amendment Act 2017 (2017 No 9).

Section 221B(1A): inserted, on 1 January 2023, by section 26 of the Electoral Amendment Act 2022 (2022 No 80).

222Procurement of voting by unqualified votersEvery person is guilty of an illegal practice who induces or procures to vote at any election any person whom he or she knows at the time to be disqualified or prohibited, whether under this Act or otherwise, from voting at that election.1956 No 107 s 148General provisions223Cinematograph films1For the purposes of this Act, the exhibition of any cinematograph film shall not be deemed to constitute bribery or treating or an illegal practice, and any payment or contract for payment in respect of any such exhibition shall not be deemed to constitute an illegal practice notwithstanding that the film may be wholly or mainly an advertisement.2For the purposes of this section, the expression cinematograph film or film includes any screen advertisement of any description.1956 No 107 s 149224Punishment for corrupt or illegal practice1Every person who is guilty of any corrupt practice is liable on conviction to either or both of the following:

aa term of imprisonment not exceeding 2 years:

ba fine not exceeding—

i$100,000 in the case of a person who is a constituency candidate, party secretary, or registered promoter and who is convicted of any corrupt practice under Part 6A; or

ii$40,000 in any other case.

2Every person who is guilty of any illegal practice is liable on conviction to a fine not exceeding—

a$40,000 in the case of a person who is a constituency candidate, party secretary, or registered promoter and who is convicted of any illegal practice under Part 6AA or 6A; or

b$40,000 in the case of a person who is an unregistered promoter and who is convicted of any illegal practice under section 204B or 204D; or

c$10,000 in any other case.

3Subsection (1) does not apply in relation to a corrupt practice under—

asection 201; or

bsection 43 of the Citizens Initiated Referenda Act 1993.

1993 No 87 s 224 (pre-20 December 2007); 2007 No 111 ss 142, 143

Section 224: substituted, on 1 March 2009, by section 10 of the Electoral Amendment Act 2009 (2009 No 1).

Section 224(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 224(1)(b)(i): amended, on 1 January 2011, by section 32(1) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 224(2): substituted, on 1 January 2011, by section 32(2) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 224(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 224 compare note: amended, on 1 October 2010, by section 14 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

225Persons charged with corrupt practice may be found guilty of illegal practiceAny person charged with a corrupt practice may, if the circumstances warrant that finding, be found guilty of an illegal practice; and any person charged with an illegal practice may be found guilty of that offence notwithstanding that the act constituting the offence amounted to a corrupt practice.1956 No 107 s 151226Time limit for prosecutions1Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, a prosecution under any of the following provisions must be commenced within 6 months of the date on which the return was required to be filed:

asection 205N(1):

bsection 206N(1):

csection 209B(1):

dsection 210D(1)(a):

esection 214G(1)(a).

1ADespite anything to the contrary in section 25 of the Criminal Procedure Act 2011, a prosecution under section 206ZE(1), 210D(1)(b), or 214G(1)(b) must be commenced—

awithin 6 months of the date on which the prosecutor is satisfied that there is sufficient evidence to warrant the commencement of the proceedings; but

bnot later than 3 years after the offence was committed.

2Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, a prosecution against any person for a corrupt practice or an illegal practice must be commenced—

awithin 6 months of the date on which the prosecutor is satisfied that there is sufficient evidence to warrant the commencement of the proceedings; but

bnot later than 3 years after the corrupt practice or illegal practice was committed.

1993 No 87 s 226 (pre-20 December 2007); 2007 No 111 s 140

Section 226: substituted, on 1 March 2009, by section 11 of the Electoral Amendment Act 2009 (2009 No 1).

Section 226(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 226(1)(d): substituted, on 1 January 2011, by section 33(1) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 226(1)(e): inserted, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 226(1A): inserted, on 1 January 2011, by section 33(2) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 226(1A): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 226(1A): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 226(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

226APower to issue search warrants in respect of illegal practice

Section 226A: repealed, on 1 March 2009, by section 12 of the Electoral Amendment Act 2009 (2009 No 1).

227Punishment for disqualified person votingIf any person, while his or her name is on the Corrupt Practices List for any district, votes or applies for a ballot paper or applies to vote as a special voter at any election in that or any other district, he or she shall, notwithstanding that his or her name may be on the main roll or any supplementary roll, be liable on conviction to a fine not exceeding $4,000, and his or her vote shall be void.1956 No 107 s 153; 1990 No 1 s 77

Section 227: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

228Reversal of disqualification procured through perjuryWhere the name of any person is entered on the Corrupt Practices List for any district by reason of any conviction or any report by the High Court, and any witness who gave evidence against that person in the proceedings resulting in that conviction or report is convicted of perjury in respect of that evidence, that person may apply to the High Court, and that court, if satisfied that the conviction or report so far as it relates to that person was based on perjury, may order that the name of that person be removed from the Corrupt Practices List.1956 No 107 s 1548Election petitions229Method of questioning election1No election and no return to the House of Representatives shall be questioned except by a petition complaining of an unlawful election or unlawful return (in this Act referred to as an election petition) presented in accordance with this Part.2A petition complaining of no return shall be deemed to be an election petition, and the High Court or the Court of Appeal may make such order thereon as the court thinks expedient for compelling a return to be made or may allow the petition to be heard as provided with respect to ordinary election petitions.3An election petition relating to the return of a member of Parliament representing an electoral district or the failure to present a return at an election for a member of Parliament representing an electoral district shall be presented to the High Court and determined in accordance with sections 230 to 257.4An election petition relating to the allocation of seats by the Electoral Commission under sections 191 to 193 may be presented to the Court of Appeal in accordance with sections 258 to 262.1956 No 107 s 155; 1986 No 116 s 6

Section 229(4): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

230Election petitions to High Court1An election petition to which section 229(3) applies may be presented to the High Court by 1 or more of the following persons:

aa person who voted or had a right to vote at the election:

ba person claiming to have had a right to be elected or returned at the election:

ca person alleging himself or herself to have been a constituency candidate at the election.

2The member whose election or return is complained of shall be the respondent to the petition, and, if the petition complains of the conduct of the Electoral Commission, the Electoral Commission must also be a respondent.3The petition shall be in such form and state such matters as are prescribed by rules of court, and be signed by the petitioner or all the petitioners if more than 1.4The petition shall be presented by filing it in the registry of the High Court nearest to the place where the election was held. The Registrar of the court shall forthwith send a copy of the petition to the Electoral Commission.5The petition shall be served as nearly as may be in the manner in which a statement of claim is served, or in such other manner as may be prescribed by rules of court.1956 No 107 s 156; 1980 No 29 s 5(8)

Section 230(2): amended, on 21 March 2017, by section 107(1) of the Electoral Amendment Act 2017 (2017 No 9).

Section 230(4): amended, on 21 March 2017, by section 107(2) of the Electoral Amendment Act 2017 (2017 No 9).

231Time for presentation of election petition1Subject to the provisions of this section, an election petition shall be presented within 28 days after the day on which the Electoral Commission has publicly notified the result of the poll.2If the petition questions the election or return upon an allegation of a corrupt practice and specifically alleges a payment of money or other reward to have been made by the member or on his or her account or with his or her knowledge and consent since the day of the said declaration in pursuance or furtherance of the alleged corrupt practice, it may be presented within 28 days after the date of the payment.3For the purposes of this section, an allegation that an election is avoided under section 238 shall be deemed to be an allegation of corrupt practices, notwithstanding that the offences alleged are or include offences other than corrupt practices.1956 No 107 s 157; 1975 No 28 s 45

Section 231(1): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 231(1): amended, on 6 December 1995, by section 84 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

Section 231(2): amended, on 6 December 1995, by section 84 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

232Security for costs1At the time of presenting an election petition or within 3 days after the expiration of the time limited for the presentation of the petition, the petitioner shall give security to the satisfaction of the Registrar of the court for all costs that may become payable by the petitioner to any witness summoned on the petitioner’s behalf or to any respondent.2The security shall be an amount of $1,000, and shall be given by recognisance to the Crown entered into by any number of sureties not exceeding 5 or by a deposit of money, or partly in one way and partly in the other.3If no security is given as required by this section, no further proceedings shall be taken on the petition.1956 No 107 s 158233More than 1 petition relating to same electionWhere more petitions than 1 are presented relating to the same election or return, all those petitions shall be dealt with as 1 petition.1956 No 107 s 159234Rules of court1Rules of court may be made in the manner prescribed by

Senior Courts Act 2016

for the purposes of this Part.21956 No 107 s 160; 1986 No 116 s 7

Section 234(1): amended, on 1 March 2017, by section 183(b) of the Senior Courts Act 2016 (2016 No 48).

Section 234(2): repealed, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Trial of election petition235Court and place of trial1Every election petition to which section 229(3) applies shall be tried by the High Court, and the trial shall take place before 3 Judges of the court to be named by the Chief Justice.2If any such Judge, before the conclusion of the trial, becomes unable to act, the Chief Justice shall name another Judge to act in his or her place.3The place of trial shall be at the registry of the court where the petition is filed:provided that the High Court, on being satisfied that special circumstances exist rendering it desirable that the petition should be tried elsewhere, may appoint such other place for the trial as appears most convenient.1956 No 107 s 161236Trial of petition1An election petition to which section 229(3) applies shall be tried in open court without a jury, and notice of the time and place of trial shall be given not less than 14 days before the day of trial.2The court may in its discretion adjourn the trial from time to time, but the trial shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day on every lawful day until its conclusion.3The trial of an election petition shall be proceeded with notwithstanding that the respondent may have become disqualified as a member of Parliament, or that Parliament may have been prorogued.4Subject to this Act, the court shall have jurisdiction to inquire into and adjudicate on any matter relating to the petition in such manner as the court thinks fit, and, in particular, may at any time during the trial direct a recount or scrutiny of some or all of the votes given at the election, and shall disallow the vote of every person proved to have been guilty of any corrupt practice, or whose name has been wrongly placed or retained on the roll.5Notwithstanding subsection (4), the vote of any person who on polling day was entitled to be registered as an elector of the district shall not be disallowed on the ground that his or her name has been wrongly placed or retained on the roll.6Notwithstanding subsection (4), where an elector—

ahas been registered as an elector of the district by an error on the part of an official; and

bhas exercised his or her vote in respect of that district in good faith without notice of the error,—

his or her vote shall not be disallowed by reason only of that error.7On the trial of an election petition, unless the court otherwise directs, any charge of a corrupt or illegal practice may be gone into, and evidence in relation thereto received before any proof has been given that any candidate was aware of or consenting to the corrupt or illegal practice.8On the trial of an election petition to which section 229(3) applies complaining of an unlawful election or return and claiming the seat for some person, the respondent may give evidence to prove that that person was not duly elected, in the same manner as if the respondent had presented a petition against the election of that person.1956 No 107 s 162237Avoidance of election of candidate guilty of corrupt practiceWhere a candidate who has been elected at any election is proved at the trial of an election petition to which section 229(3) applies to have been guilty of any corrupt practice at the election, his or her election shall be void.1956 No 107 s 163238Avoidance of election for general corruption1Where it is reported by the High Court on the trial of an election petition that corrupt or illegal practices committed in relation to the election for the purpose of promoting or procuring the election of any constituency candidate or constituency candidates thereat have so extensively prevailed that they may be reasonably supposed to have affected the result, the constituency candidate’s election, if the candidate has been elected and is a respondent, shall be void.2Except under this section, an election shall not be liable to be avoided by reason of the general prevalence of corrupt or illegal practices.1956 No 107 s 164239Votes to be struck off for corrupt practicesWhere, on the trial of an election petition to which section 229(3) applies claiming the seat for any person, a constituency candidate is reported by the High Court to have been proved guilty of bribery, treating, or undue influence in respect of any person who voted at the election, there shall, on a scrutiny, be struck off from the number of votes appearing to have been received by the candidate 1 vote for every person who voted at the election and is reported to have been proved to have been so bribed, treated, or unduly influenced.1956 No 107 s 165240Real justice to be observedOn the trial of any election petition,—

athe court shall be guided by the substantial merits and justice of the case without regard to legal forms or technicalities:

bthe court may admit such evidence as in its opinion may assist it to deal effectively with the case, notwithstanding that the evidence may not otherwise be admissible in the High Court.

1956 No 107 s 166241Irregularities not to invalidate electionNo election shall be declared invalid by reason of—

aany failure to comply with the times prescribed for doing any act; or

bany omission or irregularity in filling out any form prescribed by this Act or by regulations made thereunder; or

cany want or defect in the appointment of any official or scrutineer; or

dany absence of, or mistake or omission or breach of duty by, any official, whether before, during, or after the polling—

if the court is satisfied that the election was so conducted as to be substantially in compliance with the law as to elections, and that the failure, omission, irregularity, want, defect, absence, mistake, or breach did not affect the result of the election.1956 No 107 s 167242Decision of court to be finalAll decisions of the High Court under this Part shall be final and conclusive and without appeal, and shall not be questioned in any way.1956 No 107 s 168243Certificate of court as to result of electionAt the conclusion of the trial of an election petition to which section 229(3) applies, the court shall determine whether the member whose election or return is complained of, or any and what other person, was duly elected or returned, or whether the election was void, and shall forthwith certify in writing the determination to the Speaker, and the determination so certified shall be final to all intents and purposes.1956 No 107 s 169243AOrders to be made by court after determination under section 243 if list seats allocated1This section applies if, at the conclusion of the trial of an election petition,—

athe court determines, under section 243, that the candidate who was duly elected was not declared elected under section 179(2) and the candidate who was declared elected under section 179(2) was not duly elected; and

ban allocation of seats by the Electoral Commission under sections 191 to 193 has been made.

2If this section applies, the court must—

amake an order that any declaration of election made pursuant to section 193(5) is invalid so far as it relates to the election of any specified candidate and that the election of any specified candidate is void; and

border that the Electoral Commission repeat any or all of the procedures prescribed by sections 191 to 193 and make a further declaration under section 193(5); and

cimmediately certify in writing to the Speaker the orders made under paragraphs (a) and (b).

3The orders certified under subsection (2)(c) are final for all purposes.

Section 243A: inserted, on 25 March 2014, by section 42 of the Electoral Amendment Act 2014 (2014 No 8).

244Report of court as to corrupt or illegal practices1Where, in an election petition to which section 229(3) applies, any charge is made of any corrupt or illegal practice having been committed at the election, the court shall, in addition to giving a certificate and at the same time, report in writing to the Speaker as follows:

awhether any corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge and consent of any constituency candidate at the election, and the nature of the corrupt or illegal practice:

bwhether any of the constituency candidates has been guilty by his or her agents of any corrupt or illegal practice in reference to the election:

cthe names of all persons proved at the trial to have been guilty of any corrupt or illegal practice and whether they have received certificates of indemnity:

dwhether there is reason to believe that corrupt or illegal practices have extensively prevailed at the election.

2In the case of someone who is not a party to the petition nor a constituency candidate on behalf of whom the seat is claimed by the petition, the court, before reporting him or her to have been proved guilty of any corrupt or illegal practice, shall first cause notice to be given to him or her, and if he or she appears in pursuance of the notice, shall give him or her an opportunity of being heard and of calling evidence in his or her defence to show why he or she should not be so reported.3For the purposes of this Act, if it is reported by the court that a corrupt or illegal practice was committed with the knowledge and consent of a constituency candidate, he or she shall be treated as having been reported to have been proved guilty of that corrupt or illegal practice.4If a constituency candidate is reported to have been guilty by his or her agents of treating, undue influence, or any illegal practice, and the court further reports—

athat no corrupt or illegal practice was committed at the election by the constituency candidate with his or her knowledge or consent, and that the offences mentioned in the report were committed without the sanction or connivance of the constituency candidate; and

bthat all reasonable means for preventing the commission of corrupt and illegal practices at the election were taken by and on behalf of the constituency candidate; and

cthat the offences mentioned in the report were of a trivial, unimportant, and limited character; and

dthat in all other respects the election was free from any corrupt or illegal practice on the part of the constituency candidate and of his or her agents,—

the constituency candidate shall not be treated for the purposes of this Act as having been reported to have been proved guilty of the offences mentioned in the report.1956 No 107 s 170245Special reportAt the same time as the court gives its certificate at the conclusion of the trial of an election petition to which section 229(3) applies, the court may make a special report to the Speaker as to any matters arising in the course of the trial an account of which, in the judgment of the court, ought to be submitted to the House of Representatives.1956 No 107 s 171246Signature and effect of certificate and report1The certificate and any report of the court at the conclusion of the trial of an election petition shall be signed by at least 2 of the Judges presiding at the trial.2On being informed by the Speaker of the certificate and any report of the court, the House of Representatives shall order the same to be entered in the Journals of the House, and shall give the necessary directions for confirming or altering the return, or for issuing a writ for a new election, or for carrying out the determination, as the circumstances may require.3Where the court makes a special report, the House may make such order in respect of that report as the House thinks proper.1956 No 107 s 172Witnesses247Summons and examination of witnesses1Witnesses may be summoned and sworn on the trial of an election petition to which section 229(3) applies in the same manner, as nearly as circumstances admit, as in the trial of an ordinary action.2The High Court may by order require any person who appears to the court to have been concerned in the election to attend as a witness.2ASection 42 of the Senior Courts Act 2016 applies to a person who refuses or fails to comply with an order to attend as a witness.3The court may examine any person so required to attend or any person in court, although he or she is not called or examined by any party to the petition.4After the examination of a witness as aforesaid by the court, he or she may be cross-examined by or on behalf of the petitioner and respondent, or either of them.1956 No 107 s 173

Section 247(2): amended, on 26 August 2020, by section 29 of the Contempt of Court Act 2019 (2019 No 44).

Section 247(2A): inserted, on 26 August 2020, by section 29 of the Contempt of Court Act 2019 (2019 No 44).

248Certificate of indemnity to witness1A person called as a witness on the trial of an election petition to which section 229(3) applies shall not be excused from answering any question relating to any offence at or connected with the election on the ground that the answer thereto may incriminate or tend to incriminate himself or herself, or on the ground of privilege:provided that—

aan answer by a person to a question put by or before the court shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against that person in any proceeding, civil or criminal:

ba witness who answers truly all questions which he or she is required by the court to answer shall be entitled to receive a certificate of indemnity, stating that he or she has so answered.

2Where a person has received a certificate of indemnity in relation to an election, and any legal proceeding is at any time instituted against that person for any offence committed by that person at or in connection with the election previously to the date of the certificate, the court having cognisance of the case shall on production of the certificate stay the proceeding, and may in its discretion award to the said person such costs as he or she has been put to in the proceeding.3Nothing in this section shall be deemed to relieve a person receiving a certificate of indemnity from any incapacity under this Act or from any proceedings to enforce any such incapacity (other than a criminal prosecution).1956 No 107 s 174249Expenses of witnesses1The reasonable expenses incurred by any person in appearing to give evidence at the trial of an election petition to which section 229(3) applies, according to the scale allowed to witnesses on the trial of civil actions, may be allowed to him or her by the court.2Any such expenses, if the witness was called and examined by the court, shall be deemed to be part of the expenses of the court, and in other cases shall be deemed to be costs of the petition.1956 No 107 s 175Costs250Costs of petition1All costs of and incidental to the presentation of an election petition to which section 229(3) applies, and to the proceedings consequent thereon, except such as are by this Act otherwise provided for shall be defrayed by the parties to the petition in such manner and in such proportions as the High Court may determine; and, in particular, any costs which, in the opinion of the court, have been caused by vexatious conduct, unfounded allegations, or unfounded objections on the part either of the petitioner or of the respondent, and any needless expenses incurred or caused on the part of the petitioner or respondent, may be ordered to be defrayed by the parties by whom they were caused or incurred, whether those parties are or are not on the whole successful.2If a petitioner fails for 6 months after demand to pay to any person summoned as a witness on the petitioner’s behalf, or to the respondent, any sum certified to be due to that person for costs, and the failure is within 1 year after the demand proved to the satisfaction of the High Court, every person who has under this Act entered into a recognisance relating to the petition shall be held to have made default in the recognisance, and it shall be dealt with in the manner provided by section 21 of the Crown Proceedings Act 1950.3For the purposes of subsection (2), sections 21 and 23 and Schedule 3 of the Crown Proceedings Act 1950 continue to apply as if they had not been amended by Part 9 of the Statutes Amendment Act 2018.1956 No 107 s 176

Section 250(3): inserted, on 8 September 2018, by section 40(2) of the Statutes Amendment Act 2018 (2018 No 27).

251Costs payable by persons proved guilty of corrupt or illegal practices1Where on the trial of an election petition to which section 229(3) applies it appears to the court that any person has been guilty of any corrupt or illegal practice, the court may, after giving that person an opportunity of making a statement to show why the order should not be made, order the whole or any part of the costs of or incidental to any proceedings before the court in relation to that offence or to that person to be paid by that person to such other person or persons as the court thinks fit.2All costs so ordered to be paid may be recovered as a debt due by the person by whom they are ordered to be paid to the person or persons to whom they are ordered to be paid.1956 No 107 s 177Withdrawal and abatement of petitions252Withdrawal of petition1A petitioner shall not withdraw an election petition to which section 229(3) applies without the leave of the High Court upon special application to be made in the prescribed manner.2No such application shall be made until the prescribed notice of the intention to make it has been given in the district to which the petition relates.3Where there are more petitioners than 1, an application to withdraw the petition shall not be made except with the consent of all the petitioners.4If a petition is withdrawn, the petitioner shall be liable to pay the costs of the respondent.1956 No 107 s 178253Substitution of new petitioner1On the hearing of an application for leave to withdraw a petition, any person who might in the first instance have presented the petition may apply to the court to be substituted as a petitioner.2The court may, if it thinks fit, substitute any such applicant as petitioner, and may, if the proposed withdrawal is in the opinion of the court the result of any corrupt bargain or consideration, by order direct that the security given on behalf of the original petitioner shall remain as security for any costs incurred by the substituted petitioner, and that to the extent of the sum named in the security the original petitioner shall be liable to pay the costs of the substituted petitioner.3If the court does not so direct, security to the same amount as would be required in the case of a new petition, and subject to the like conditions, shall be given on behalf of the substituted petitioner within 3 days after the order of substitution.4Subject as aforesaid, a substituted petitioner shall as nearly as may be stand in the same position and be subject to the same liabilities as the original petitioner.1956 No 107 s 179254Report on withdrawalIn every case of the withdrawal of an election petition to which section 229(3) applies, the High Court shall make a report to the Speaker stating whether in its opinion the withdrawal of the petition was the result of any corrupt arrangement or in consideration of the withdrawal of any other election petition and, if so, the circumstances attending the withdrawal.1956 No 107 s 180255Abatement of petition1An election petition to which section 229(3) applies shall be abated by the death of a sole petitioner or of the survivor of several petitioners.2The abatement of a petition shall not affect the liability of the petitioner or any other person to the payment of costs previously incurred.3On the abatement of a petition, notice of the abatement shall be given in the prescribed manner; and, within 28 days after the notice is given, any person who might have been a petitioner in respect of the election may apply to the High Court in the prescribed manner to be substituted as a petitioner. On any such application the High Court may, if it thinks fit, substitute the applicant accordingly.4Security shall be given on behalf of a petitioner so substituted, as in the case of a new petition.1956 No 107 s 181General provisions256Withdrawal and substitution of respondents before trial1If, before the trial of an election petition to which section 229(3) applies, a respondent other than the Electoral Commission—

adies; or

bgives the prescribed notice that he or she does not intend to oppose the petition; or

closes his or her seat by reason of the House of Representatives resolving that the seat is vacant,—

notice thereof shall be given in the prescribed manner; and, within 28 days after the notice is given, any person who might have been a petitioner in respect of the election may apply to the High Court to be admitted as a respondent to oppose the petition, and shall be admitted accordingly, except that the number of persons so admitted shall not exceed 3.2A respondent who has given the prescribed notice that he or she does not intend to oppose the petition shall not be allowed to appear or act as a party against the petition in any proceedings thereon, and shall not sit or vote in the House of Representatives until that House has been informed of the report on the petition.3Where a respondent has given the prescribed notice as aforesaid, the court shall report that fact to the Speaker.1956 No 107 s 182

Section 256(1): amended, on 21 March 2017, by section 108 of the Electoral Amendment Act 2017 (2017 No 9).

257Submission of report to Attorney-GeneralWhere the High Court reports that certain persons named have been proved at the trial of an election petition to have been guilty of any corrupt or illegal practice, the report shall be given to the Attorney-General.1956 No 107 s 183258Electoral petitions to Court of Appeal1An electoral petition relating to the allocation of seats under sections 191 to 193 may be presented to the Court of Appeal by a secretary of a political party whose party was listed in the part of the ballot paper that relates to the party vote.2The petition may seek a review of the procedures and methods used to allocate seats to political parties under sections 191 to 193, and the return of members of Parliament consequential upon that allocation.3The respondents shall be the other political parties named in the part of the ballot paper that relates to the party vote, and, if the conduct of the Electoral Commission is complained of, the Electoral Commission.4Subject to subsections (1) to (3), the petition shall be in such form and state such matters as are prescribed by rules of court, and be signed by the petitioner or all the petitioners if more than 1.5The petition shall be presented by filing it in the Registry of the Court of Appeal. The Registrar of the court shall forthwith send a copy of the petition to the Electoral Commission.6The petition shall be served as nearly as may be in the manner in which a statement of claim is served, or in such other manner as may be prescribed by rules of court.

Section 258(1): amended, on 1 July 1996, by section 7 of the Electoral Amendment Act (No 2) 1996 (1996 No 54).

Section 258(3): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 258(3): amended, on 1 July 1996, by section 7 of the Electoral Amendment Act (No 2) 1996 (1996 No 54).

Section 258(5): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

259Time for presentation of an election petition to Court of AppealAn election petition under section 258 shall be presented within 28 days of the date of the declaration made under section 193(5) by the Electoral Commission.

Section 259: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Section 259: amended, on 6 December 1995, by section 85 of the Electoral Amendment Act (No 2) 1995 (1995 No 61).

260Matters excluded from challengeOn the hearing of a petition presented pursuant to section 258, no decision shall be subject to challenge on the grounds—

athat the vote of any elector should have been disallowed because he or she was not qualified to vote in the electoral district in respect of which he or she cast his or her vote; or

bthat the vote of any voter that was disallowed should have been allowed; or

cthat a candidate or candidates, or the agent of any candidate, was engaged in a corrupt or illegal practice; or

dthat corrupt or illegal practices prevailed at the election.

261Provisions appliedWhere any petition is presented under section 258, the provisions of sections 232 to 235, subsections (1) to (3) and (8) of section 236, sections 240 to 242, sections 245 to 250, and section 252 (other than subsection (2)) shall apply, with any necessary modifications, as if references to the High Court were references to the Court of Appeal.

Section 261: amended, on 1 July 1996, by section 8(a) of the Electoral Amendment Act (No 2) 1996 (1996 No 54).

Section 261: amended, on 1 July 1996, by section 8(b) of the Electoral Amendment Act (No 2) 1996 (1996 No 54).

262Certificate of court as to result of petitionsAt the conclusion of the trial of an election petition to which section 258 applies, the Court of Appeal shall—

adetermine whether the procedures used to allocate seats to political parties under sections 191 to 193 were correct:

bdetermine whether the return of members of Parliament consequential upon the allocation under sections 191 to 193 is valid:

cmake such orders as are necessary to correct any error or invalidity, including—

ian order that any declaration of election made pursuant to section 193(5), so far as it relates to any candidate named in the order, is invalid and the election of that candidate void:

iian order that any candidate not named in a declaration of election made pursuant to section 193(5) is elected as a member of Parliament:

iiian order requiring the Electoral Commission to repeat any or all of the procedures prescribed by sections 191 to 193:

dforthwith certify in writing its determination to the Speaker and the determination so certified shall be final to all intents and purposes.

Section 262(c)(iii): amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

9Miscellaneous provisions263Service of notices

Section 263: repealed, on 20 December 2025, by section 37 of the Electoral Amendment Act 2025 (2025 No 82).

263ADisclosure of immigration information for matching purposes1In this section,—

immigration information, in relation to any person, means—

ainformation concerning—

iany person who the chief executive of the responsible department believes is unlawfully in New Zealand; or

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

binformation that, in relation to any person described in paragraph (a)(i) or (ii), is as follows:

ithe person’s full name:

iiany aliases known to be used by that person:

iiithe person’s date of birth:

ivthe person’s address (if known):

vthe expiry date of any visa held by the person

responsible department means the department of State that is, with the authority of the Prime Minister, responsible for the administration of the

Immigration Act 2009

2The purpose of this section is to facilitate the disclosure of information from the responsible department to the Electoral Commission for the purposes of—

averifying, for the purposes of this Act, that any person who is, or has applied to be, registered as an elector of an electoral district is qualified to be registered as an elector of that electoral district:

bverifying that a person who is, or has applied to be, registered as an elector is a person who the chief executive of the responsible department believes to be either—

ia person who is unlawfully in New Zealand; or

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

3For the purposes of this section, any officer or employee or agent of the responsible department authorised in that behalf by the chief executive of that department may, at the request of the Electoral Commission, supply to the Electoral Commission any immigration information held by that department.4If, in relation to any person, immigration information is supplied to the Electoral Commission pursuant to subsection (3), the Electoral Commission may cause a comparison of that information to be made with any information that is held by the Electoral Commission and that relates to that person.5Subsection (6) applies in respect of a person if the result of a comparison carried out under subsection (4) indicates that the person has applied to be (but is not yet) registered as an elector, or is on the electoral roll, and is—

aa person who the chief executive of the responsible department believes is unlawfully in New Zealand; or

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

6If this subsection applies in respect of a person, the Electoral Commission must,—

aif the person has applied to be (but is not yet) registered as an elector for the district, follow the procedure specified in section 87; or

bif the person is registered as an elector for the district and the name of the person is on the roll for the district, object under section 96 to the name of that person being on the roll for the district.

7On or after 1 December 2020, no information may be disclosed under this section except under—

aan information matching agreement entered into under Part 10 of the Privacy Act 1993 and continued by clause 11 of Schedule 1 of the Privacy Act 2020; or

ban approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2020.

Section 263A: substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 263A(2): amended, on 1 July 2012, by section 52(18)(g) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 263A(2)(a): amended, on 17 August 2011, by section 26(1) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 263A(2)(b): amended, on 17 August 2011, by section 26(2) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 263A(3): amended, on 1 July 2012, by section 52(18)(g) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 263A(4): amended, on 1 July 2012, by section 52(18)(g) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 263A(5): replaced, on 21 March 2017, by section 109 of the Electoral Amendment Act 2017 (2017 No 9).

Section 263A(6): replaced, on 21 March 2017, by section 109 of the Electoral Amendment Act 2017 (2017 No 9).

Section 263A(7): inserted, on 1 December 2020, by section 190 of the Privacy Act 2020 (2020 No 31).

263BDisclosure of personal information for enrolment purposes1The purpose of this section is to facilitate the disclosure of information described in subsection (2) by a specified agency to the Electoral Commission only for the purposes of—

aidentifying persons who are qualified to apply to register as an elector but who have not yet registered; and

bencouraging those persons identified to register as an elector; and

cupdating and ensuring the accuracy of the particulars of persons whose names are on the roll.

2The information referred to in subsection (1) is the following information relating to any person of or over the age of 17 years:

athe person’s full name:

bthe person’s date of birth:

cthe person’s address of residence (if known):

dthe person’s postal address (if known and if different from the address of residence in paragraph (c)):

ethe person’s email address or phone numbers (if known):

fthe date at which the information in paragraphs (a) to (e) held by the agency was last provided to the agency.

3For the purposes of this section, a specified agency means—

athe department for the time being responsible for the administration of the

Social Security Act 2018

; and

bthe Registrar of Motor Vehicles; and

cthe New Zealand Transport Agency; and

dthe Department of Internal Affairs.

4For the purposes of this section, any officer or employee or agent of a specified agency, authorised by the chief executive of that agency, may from time to time, at the request of the Electoral Commission, supply to the Electoral Commission any of the information described in subsection (2) held by that agency,—

ain the case of the department for the time being responsible for the administration of the

Social Security Act 2018

, in relation to any—

ibeneficiary; or

iistudent; or

iiiborrower (as that term is defined in section 4(1) of the Student Loan Scheme Act 2011):

bin the case of the Registrar of Motor Vehicles, in relation to motor vehicle registration:

cin the case of the New Zealand Transport Agency, in relation to driver licences:

din the case of the Department of Internal Affairs, in relation to any persons—

iwho obtain New Zealand citizenship under the

Citizenship Act 1977

; or

iiby whom, or on whose behalf, an application is made under the

Passports Act 1992

for the issue or renewal of a New Zealand passport.

5If, in relation to any person, information is supplied to the Electoral Commission under subsection (4), the Electoral Commission may cause a comparison of that information to be made with any information that is held by the Electoral Commission and that relates to that person.5AOn or after 1 December 2020, no information may be disclosed under this section except under—

aan information matching agreement entered into under Part 10 of the Privacy Act 1993 and continued by clause 11 of Schedule 1 of the Privacy Act 2020; or

ban approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2020.

6In this section, Registrar of Motor Vehicles has the same meaning as Registrar in section 233(1) of the Land Transport Act 1998.

Section 263B: inserted, on 28 February 2002, by section 97 of the Electoral Amendment Act 2002 (2002 No 1).

Section 263B(1): amended, on 1 July 2012, by section 52(18)(h) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 263B(2)(e): replaced, on 20 December 2025, by section 23 of the Electoral Amendment Act 2025 (2025 No 82).

Section 263B(3)(a): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Section 263B(3)(b): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 263B(3)(c): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 263B(4): amended, on 1 July 2012, by section 52(18)(h) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 263B(4)(a): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Section 263B(4)(a)(iii): amended, on 1 April 2012, by section 223 of the Student Loan Scheme Act 2011 (2011 No 62).

Section 263B(4)(b): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 263B(4)(c): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 263B(4)(d): substituted, on 17 August 2011, by section 27 of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 263B(5): amended, on 1 July 2012, by section 52(18)(h) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 263B(5A): inserted, on 1 December 2020, by section 190 of the Privacy Act 2020 (2020 No 31).

Section 263B(6): inserted, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

264Review by select committee1The House of Representatives shall, as soon as practicable after 1 April 2000, appoint a select committee to consider the following matters:

athe effect of sections 35 and 36 on the operation of the electoral system:

bthe provisions of this Act dealing with Maori representation:

cwhether there should be a further referendum on changes to the electoral system.

2The select committee appointed under subsection (1) shall report to the House of Representatives before 1 June 2002 and shall include in its report a statement indicating—

awhether, in its view, there should be changes to sections 35 and 36; and

bwhether, in its view, there should be changes to the provisions of this Act dealing with Maori representation; and

cwhether in its view there should be a further referendum on changes to the electoral system, and, if so, the nature of the proposals to be put to voters and the timing of such a referendum.

265Registrars of Electors exempt from court feesRegistrars of Electors shall be exempt from the payment of any court fees in respect of any proceedings under this Act.1956 No 107 s 186; 1980 No 29 s 5(6)266Validation of irregularities1The Governor-General may, by Order in Council, take any of the actions described in subsection (2) if—

aanything is omitted to be done by, at, on, or within the time required by or under this Act or any regulations made under this Act; or

banything cannot be done by, at, on, or within the time required by or under this Act or any regulations made under this Act; or

canything is done before or after the time required by or under this Act or any regulations made under this Act; or

danything is otherwise irregularly done in matter of form; or

esufficient provision is not made by or under this Act or any regulations made under this Act.

2The actions are,—

aat any time before or after the time within which anything is required to be done, to extend that time; or

bto validate anything done before or after the time required; or

cto validate anything irregularly done in matter of form; or

dto make such other provision for the case as the Governor-General thinks fit.

3Subsection (1) does not apply to—

athe presentation of an election petition; or

bthe giving of security for costs in relation to an election petition.

4An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section.

Legislation Act 2019 requirements for secondary legislation made under this sectionPublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)PresentationThe Minister must present it to the House of RepresentativesLA19 s 114DisallowanceIt may be disallowed by the House of RepresentativesLA19 ss 115, 116This note is not part of the Act.

Section 266: replaced, on 20 December 2025, by section 133 of the Electoral Amendment Act 2025 (2025 No 82).

266AExpenditure limits to be adjusted each election year1This section applies to the amounts referred to in the following provisions:

asection 204B(1)(d) (the maximum amount of advertising expenses that may be incurred by an unregistered promoter):

bsection 205C(1) (the maximum amount of a candidate’s election expenses):

csection 206C(1) and (2) (the maximum amount of a party’s election expenses):

dsection 206V(1) (the maximum amount of a registered promoter’s election expenses).

2The amounts must be adjusted on 1 January of each election year by the Electoral Commission.3The first adjustment of the amounts must—

acome into effect on 1 January 2026; and

bbe based on the adjusted amounts as they were before being rounded up for the purpose of the adjustment made on 1 July 2025 (the 2025 unrounded amounts); and

cadjust the 2025 unrounded amounts to reflect the percentage movement between the CPI for the quarter ending 31 March 2025 and the CPI for the quarter ending 30 September 2025.

4Every subsequent adjustment must—

acome into effect on 1 January of the next election year; and

badjust the amounts to reflect the percentage movement between—

ithe CPI for the quarter ending 30 September of the year preceding the last election year; and

iithe CPI for the quarter ending 30 September of the year preceding the election year in which the adjustment is being made.

5If, after adjustment in accordance with subsection (3)(c) or (4)(b), an amount is not a whole number of thousand dollars, the adjusted amount must be rounded up to the next whole thousand dollars.6If an adjusted amount has been rounded up in accordance with subsection (5), the adjustment next made to that amount must be based on the adjusted amount as it was before it was rounded up.7Despite subsections (2) to (4), no adjustment is made—

ato an amount if, in respect of the amount, the effect of subsections (5) and (6) is that no adjustment is required; or

bto any of the amounts if there is no percentage movement upwards between the CPI quarters referred to in subsection (3)(c) or (4)(b).

8No later than 31 December in the year preceding an election year, the Electoral Commission must publish on its internet site the amounts applying on 1 January of the election year, being—

athe amounts adjusted in accordance with subsections (3) to (6) that come into effect on that date; and

bany amounts that, in accordance with subsection (7), have not been adjusted and that came into effect (or applied) on 1 January of the previous election year.

9If, for any election year, the regulated period for the general election or a by-election commences before 31 December of the previous year and ends after 1 January in the election year, the amounts applying in respect of the general election or by-election are the amounts that came into effect on 1 January of the last election year.10In this section,—

CPI means the New Zealand Consumers Price Index (All Groups) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index

election year means the year in which the term of Parliament is due to expire.

Section 266A: replaced, on 20 December 2025, by section 54 of the Electoral Amendment Act 2025 (2025 No 82).

267Regulations1The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

aprescribing forms for the purposes of this Act:

bprescribing 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 section 114, and for the giving of remote access by electronic means under that section:

cprescribing criteria, in addition to those specified in section 111E(3)(a) to (d), of which the Minister of Justice and the Minister of Maori Affairs must be satisfied in relation to a particular person or body of persons before designating it under section 111E:

cadefining iwi organisation and other Maori organisation for the purposes of sections 111A to 111F:

dprescribing the time at which, and the manner in which, special voters may vote (whether at a polling place or not and whether in or outside New Zealand):

eprescribing conditions upon or subject to which special voters may vote:

fprescribing different methods of voting for different classes of special voters:

gprescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act:

hprescribing penalties for offences against regulations made under this Act, not exceeding imprisonment for a term of 3 months or a fine of $1,000 or both:

iproviding for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.

2Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).1956 No 107 s 188; 1990 No 1 s 78(1)

The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section.

Section 267(1)(b): substituted, on 28 February 2002, by section 98 of the Electoral Amendment Act 2002 (2002 No 1).

Section 267(1)(b): amended, on 1 July 2012, by section 52(17)(t) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 267(1)(c): substituted, on 28 February 2002, by section 98 of the Electoral Amendment Act 2002 (2002 No 1).

Section 267(1)(ca): inserted, on 28 February 2002, by section 98 of the Electoral Amendment Act 2002 (2002 No 1).

Section 267(2): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

267ARegulations relating to advertisement of a specified kind1The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, make regulations regulating—

aall or any of the following matters in relation to an advertisement of a specified kind:

idesign:

iilayout:

iiishape:

ivcolour:

bthe procedures to be followed by any person before displaying an advertisement of a specified kind.

2Regulations made under subsection (1)(a)—

amay be made only for the purpose of ensuring that an advertisement of a specified kind does not endanger the safety of road users; and

bapply only during the period beginning 9 weeks before polling day and ending with the close of the day before polling day.

3Regulations made under subsection (1) may—

aimpose different requirements for an advertisement of a specified kind depending on how it is published:

boverride or modify any other enactment and any bylaw or other instrument.

4In this section, advertisement of a specified kind has the same meaning as in section 221B(2).5This section is subject to section 267B.6Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).1993 No 87 s 267A (pre-20 December 2007)

The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section.

Section 267A: substituted, on 1 March 2009, by section 13 of the Electoral Amendment Act 2009 (2009 No 1).

Section 267A(2)(b): amended, on 21 March 2017, by section 110 of the Electoral Amendment Act 2017 (2017 No 9).

Section 267A(6): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

267BRequirements before Minister can recommend that regulations be made1The Minister may not recommend the making of any regulations under section 267A(1)(a) unless—

athe Minister has consulted with the Minister who is for the time being responsible for the administration of the

Land Transport Act 1998

; and

bthe Minister is satisfied that the regulations do not restrict the rights of candidates and political parties any more than is reasonably necessary to ensure that an advertisement of a specified kind does not endanger the safety of road users; and

cthe recommendation is agreed by at least half of the parliamentary leaders of all political parties represented in Parliament; and

dthe members of Parliament of the political parties whose parliamentary leaders agree with the Minister's recommendation comprise at least 75% of all members of Parliament.

2The Minister may not recommend the making of any regulations under section 267A(1)(b) unless—

athe Minister has consulted with the Minister of Local Government; and

bthe recommendation is agreed by at least half of the parliamentary leaders of all political parties represented in Parliament; and

cthe members of Parliament of the political parties whose parliamentary leaders agree with the Minister's recommendation comprise at least 75% of all members of Parliament.

1993 No 87 s 267B (pre-20 December 2007)

Section 267B: substituted, on 1 March 2009, by section 13 of the Electoral Amendment Act 2009 (2009 No 1).

268Restriction on amendment or repeal of certain provisions1This section applies to the following provisions (hereinafter referred to as reserved provisions), namely,—

asection 17(1) of the Constitution Act 1986, relating to the term of Parliament:

bsection 28, relating to the Representation Commission:

csection 35, and the definition of the term General electoral population in section 3(1), relating to the division of New Zealand into electoral districts after each census:

dsection 36, relating to the allowance for the adjustment of the quota:

esection 74, and the definition of the term adult in section 3(1), and section 60(f), so far as those provisions prescribe 18 years as the minimum age for persons qualified to be registered as electors or to vote:

fsection 168, relating to the method of voting.

2No reserved provision shall be repealed or amended unless the proposal for the amendment or repeal—

ais passed by a majority of 75% of all the members of the House of Representatives; or

bhas been carried by a majority of the valid votes cast at a poll of the electors of the General and Maori electoral districts:

provided that this section shall not apply to the repeal of any reserved provision by a consolidating Act in which that provision is re-enacted without amendment and this section is re-enacted without amendment so as to apply to that provision as re-enacted.1956 No 107 s 189; 1975 No 28 s 6(2)(e); 1986 No 116 s 8Transitional provisions269Membership of Representation Commission1Every person who held office as a member of the Representation Commission under section 15(2)(e) or section 15(2)(f) or section 15(3)(b) of the Electoral Act 1956 immediately before the commencement of this section shall be deemed to have been appointed as a member of the Commission under section 28(2)(e) or section 28(2)(f) or section 28(3)(b) of this Act, as the case may require.2For the purpose of enabling the Representation Commission to divide New Zealand into electoral districts on the first occasion after this Act is passed, the Minister shall, as soon as is practicable after the commencement of this section, specify a period of 2 months during which any Maori may exercise the option given by section 76.3Following the report of the Electoral Commission under section 77(6), the Government Statistician shall prepare a report on the General electoral population and the Maori electoral population in accordance with the provisions of this Act, based on the results of the periodical census conducted in the year 1991, and the report of the Electoral Commission made pursuant to section 77(6), and shall report the results of the census and his or her calculation of the electoral populations to the Surveyor-General and to the other members of the Commission.4Upon the receipt of that report, the Surveyor-General shall prepare maps showing the distribution of the population and provisional boundaries for the General electoral districts and the Maori electoral districts and shall then call a meeting of the Commission.5The 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 and the Maori electoral population of New Zealand or of the North Island or of the South Island or of any district.6In relation to the first occasion on which, after the commencement of this section, New Zealand is, under this Act, divided into electoral districts, section 35(3)(f)(i) shall not apply.

Section 269(3): amended, on 1 July 2012, by section 52(18)(i) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

270Electoral districts, electoral rolls, general elections, and by-elections1Every General electoral district and every Maori electoral district in existence under the Electoral Act 1956 immediately before the commencement of this section shall remain in existence until such districts are replaced by new electoral districts in accordance with the provisions of sections 40 and 45.2Every electoral roll in force under the Electoral Act 1956 immediately before the commencement of this section shall continue in force until replaced by new electoral rolls in accordance with the provisions of sections 101 to 103.3For the purposes of any general election of members of Parliament conducted following a dissolution of Parliament that takes place before the gazetting of the notice required by section 40(1)(b) or section 45(9)(b) on the first occasion when the gazetting of such a notice is required to take place under the provisions of this Act, that general election shall be conducted in accordance with the provisions of the Electoral Act 1956, notwithstanding its repeal by the provisions of this Act.4For the purposes of any by-election that takes place before the first general election that is conducted in accordance with the provisions of this Act, the electoral district in respect of which that election is conducted shall be the relevant electoral district that was in existence immediately before the commencement of this section, and the provisions of this Act, including subsections (2) to (4) of section 102, shall apply accordingly and with any necessary modifications, in respect of the conduct of that election.5Any person who immediately before the commencement of this section held the position of—

aClerk of the Writs; or

bDeputy Clerk of the Writs; or

cChief Electoral Officer; or

dDeputy Chief Electoral Officer; or

eReturning Officer; or

fDeputy Chief Registrar of Electors; or

gRegistrar of Electors—

shall, without further appointment, be deemed, as from the commencement of this section, to have been duly appointed under this Act.Amendment to Constitution Act 1986271Term of ParliamentAmendment(s) incorporated in the Act(s).Amendment to Civil List Act 1979272Questioned elections of members of ParliamentAmendment(s) incorporated in the Act(s).Amendment to Remuneration Authority Act 1977

Heading: amended, on 1 April 2003, pursuant to section 3(3) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

273Officers whose remuneration is to be determined by Remuneration AuthorityAmendment(s) incorporated in the Act(s).

Section 273 heading: amended, on 1 April 2003, pursuant to section 3(3) of the Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54).

Amendments to Local Elections and Polls Act 1976

Heading: repealed, on 1 July 2001, pursuant to section 151 of the Local Electoral Act 2001 (2001 No 35).

274Residential electoral roll

Section 274: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

275Supply of information by Chief Registrar of Electors

Section 275: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

276Application for registration as parliamentary elector

Section 276: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

277Completion of roll

Section 277: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

278Amendments to roll

Section 278: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

279Roll for by-election or poll

Section 279: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

280Special voters

Section 280: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

281Election to fill extraordinary vacancy in local authority

Section 281: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).

Amendment to Ombudsmen Act 1975

Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

282Organisations to which Ombudsmen Act 1975 applies

Section 282: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Amendments to Public Finance Act 1989

Heading: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

283Crown entities

Section 283: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Repeals284RepealsThe enactments specified in Schedule 3 are hereby repealed.1AA

s 3AA

Transitional, savings, and related provisions

Schedule 1AA: inserted, on 21 March 2017, by section 111 of the Electoral Amendment Act 2017 (2017 No 9).

1Provisions relating to Electoral Amendment Act 20171Appointment of Registrar or Deputy RegistrarAny appointment of a Registrar or Deputy Registrar made before the commencement of this clause continues but may be revoked as if it had been made under section 22 (as replaced by section 7 of the Electoral Amendment Act 2017).2Notice of change of place of residence given but not dealt withAn applicant who gives notice under section 89C(2) before the commencement of this clause and whose notice has not, by the close of the day before the commencement of this clause, been dealt with under section 89C(5), (6), or (13), is for the purposes of section 89(1) an applicant for registration as an elector.

Schedule 1AA clause 2: inserted, on 1 May 2017, by section 112 of the Electoral Amendment Act 2017 (2017 No 9).

2Provisions relating to Electoral (Registration of Sentenced Prisoners) Amendment Act 2020

Schedule 1AA Part 2: inserted, on 30 June 2020, by section 9 of the Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 (2020 No 26).

3InterpretationIn this Part,—

Act means the

Electoral (Registration of Sentenced Prisoners) Amendment Act 2020

specified prisoner means a prisoner who—

ais received into a prison before the commencement of the Act to serve a sentence of imprisonment; and

bis not, after the commencement of the Act, disqualified under section 80(1)(d) for registration as an elector.

Schedule 1AA clause 3: inserted, on 30 June 2020, by section 9 of the Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 (2020 No 26).

4Prison manager to assist specified prisoners to register as electorsA prison manager must, as soon as is reasonably practicable after the commencement of the Act, comply with sections 86A and 86B in respect of a specified prisoner as if the specified prisoner were a prisoner referred to in section 86A being received into the prison.

Schedule 1AA clause 4: inserted, on 30 June 2020, by section 9 of the Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 (2020 No 26).

3Provisions relating to Electoral Amendment Act 2022

Schedule 1AA Part 3: inserted, on 1 January 2023, by section 40(a) of the Electoral Amendment Act 2022 (2022 No 80).

5Transitional provision relating to annual return of party donations for year ending 31 December 2022Despite sections 6 and 7 of the Electoral Amendment Act 2022, sections 210 and 210A as in force immediately before 1 January 2023 continue to apply in respect of an annual return of party donations required to be filed by a party secretary with the Electoral Commission for the year ending on 31 December 2022.

Schedule 1AA clause 5: inserted, on 1 January 2023, by section 40(a) of the Electoral Amendment Act 2022 (2022 No 80).

6Transitional provision relating to party donations received from same donor over $30,000Despite section 8 of the Electoral Amendment Act 2022, section 210C as in force immediately before 1 January 2023 continues to apply on and after that date in respect of all party donations received before the close of 31 December 2022.

Schedule 1AA clause 6: inserted, on 1 January 2023, by section 40(a) of the Electoral Amendment Act 2022 (2022 No 80).

4Provisions relating to Electoral Amendment Act 2025

Schedule 1AA Part 4: inserted, on 20 December 2025, by section 139(a) of the Electoral Amendment Act 2025 (2025 No 82).

7InterpretationIn this Part,—

amendment Act means the

Electoral Amendment Act 2025

commencement date,—

ain clauses 8 and 10, means the date on which this schedule comes into force; and

bin clause 9, means 1 January 2026.

Schedule 1AA clause 7: inserted, on 20 December 2025, by section 139(a) of the Electoral Amendment Act 2025 (2025 No 82).

8Close of registration for by-election held between commencement date and next general election1This clause applies if a by-election is held—

aafter the commencement date; and

bbefore the next general election.

2Sections 60 and 88, as in force immediately before the commencement date, continue to apply in respect of the by-election.

Schedule 1AA clause 8: inserted, on 20 December 2025, by section 139(a) of the Electoral Amendment Act 2025 (2025 No 82).

9Application for registration of eligible political party made but not determined before commencement date1This clause applies if, before the commencement date,—

aan application for registration of an eligible political party is made to the Electoral Commission under section 63; and

bthe Electoral Commission has not determined the application.

2The Electoral Commission must determine the application as if—

asection 63(2)(da) had not been inserted by section 59 of the amendment Act; and

bsection 71B had not been replaced by section 61 of the amendment Act.

Schedule 1AA clause 9: inserted, on 20 December 2025, by section 139(a) of the Electoral Amendment Act 2025 (2025 No 82).

10Hard copy special vote declaration forms printed before commencement date1This clause applies in respect of a special vote declaration form that is—

aprinted before the commencement date; and

bissued by an Issuing Officer to a person before 31 December 2027.

2The special vote declaration form may provide for the collection of the person’s occupation despite section 83(2)(e) being replaced by section 14 of the amendment Act.3A person who is issued with a special vote declaration form that provides for the collection of the details specified in subclause (2) need not provide those details.

Schedule 1AA clause 10: inserted, on 20 December 2025, by section 139(a) of the Electoral Amendment Act 2025 (2025 No 82).

s 14

Provisions relating to Electoral Commission1Conflict of interest disclosure rules do not apply to additional members who hold office for purposes of jurisdiction under Part 6 of Broadcasting Act 1989

Schedule 1 clause 1: repealed, on 20 December 2007, by section 26 of the Electoral Amendment Act 2007 (2007 No 113).

2Travelling allowances and expenses

Schedule 1 clause 2: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

2AMeetings of Commission

Schedule 1 clause 2A: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

3StaffThe chief executive of the Electoral Commission may, under delegation from the Board, appoint any officers and employees (including acting or temporary or casual officers and employees) as may be necessary for carrying this Act into effect.

Schedule 1 clause 3: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

4Superannuation or retiring allowances1For the purposes of providing superannuation or retiring allowances for the chief executive, the Commission may, out of the funds of the Commission, make payment to or subsidise any retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013).2Notwithstanding anything in this Act, any person who, immediately before being appointed as the chief executive or, as the case may be, becoming an officer or employee of the Electoral Commission, is a contributor to the Government Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956 shall be deemed to be, for the purposes of the Government Superannuation Fund Act 1956, employed in the Government service so long as that person continues to hold office as the chief executive or, as the case may be, to be an officer or employee of the Commission; and that Act shall apply to that person in all respects as if that person’s service as the chief executive or, as the case may be, as such an officer or employee were Government service.3Subject to the

Government Superannuation Fund Act 1956

, nothing in subclause (2) entitles any such person to become a contributor to the Government Superannuation Fund after that person has once ceased to be a contributor.4For the purpose of applying the Government Superannuation Fund Act 1956, in accordance with subclause (2), to a person who holds office as the chief executive or, as the case may be, is in the service of the Electoral Commission as an officer or employee and (in any such case) is a contributor to the Government Superannuation Fund, the term controlling authority, in relation to any such person, means the chief executive.

Schedule 1 clause 4(1): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Schedule 1 clause 4(1): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

5Application of certain Acts to Commission and staff

Schedule 1 clause 5: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

6Services for Commission

Schedule 1 clause 6: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

7Funds of Commission

Schedule 1 clause 7: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

8Bank accounts

Schedule 1 clause 8: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

9Investment of money

Schedule 1 clause 9: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

10Commission not to borrow without consent of Minister of Finance

Schedule 1 clause 10: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

11Seal

Schedule 1 clause 11: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

12Exemption from income taxThe income of the Commission shall be exempt from income tax.13Crown entity

Schedule 1 clause 13: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

14Commission may state case for opinion of High Court1The Commission may, at any time, state a case for the opinion of the High Court on any question of law arising in any matter before it.2The High Court may order the removal into the Court of Appeal of any case stated for the opinion of the High Court under this section.3The High Court or the Court of Appeal, as the case may be, must hear and determine the question, and must remit the case with its opinion to the Commission.

Schedule 1 clause 14: added, on 28 February 2002, by section 99 of the Electoral Amendment Act 2002 (2002 No 1).

2FormsContents

s 125

Writ for general election Governor-GeneralTo the Electoral Commission:Pursuant to section 125 of the Electoral Act 1993, I authorise and require the Electoral Commission to make all necessary arrangements for the conduct of a general election.The last day and time for the nomination of constituency candidates is noon on [date].Polling day is Saturday, [date].An Electoral Commissioner, on behalf of the Electoral Commission, is required to endorse on this writ the name of every constituency candidate who is elected, and then return the writ to the Clerk of the House of Representatives on or before [date].Signed by Her Excellency the Governor-General at [place] on [date].

Schedule 2 form 3: substituted, on 28 February 2002, by section 100(3) of the Electoral Amendment Act 2002 (2002 No 1).

Schedule 2 form 3: amended, on 25 March 2014, by section 44(1) of the Electoral Amendment Act 2014 (2014 No 8).

Schedule 2 form 3: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Schedule 2 form 3: amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

s 129(2)(c)

Writ for by-electionTo the Electoral Commission:Pursuant to section 129 of the Electoral Act 1993, I authorise and require the Electoral Commission to make all necessary arrangements for the conduct of a by-election in the [insert district] Electoral District.The last day and time for the nomination of constituency candidates is noon on [date].Polling day is Saturday, [date].An Electoral Commissioner, on behalf of the Electoral Commission, is required to endorse on this writ the name of the constituency candidate who is elected, and then return the writ to the Clerk of the House of Representatives on or before [date].Signed by Her Excellency, the Governor-General at [place] on [date].

Schedule 2 form 6: substituted, on 28 February 2002, by section 100(4) of the Electoral Amendment Act 2002 (2002 No 1).

Schedule 2 form 6: amended, on 25 March 2014, by section 44(2) of the Electoral Amendment Act 2014 (2014 No 8).

Schedule 2 form 6: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Schedule 2 form 6: amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

s 134

Warrant to supply vacancyTo the Electoral Commission:Pursuant to the Electoral Act 1993, I hereby authorise and direct the Electoral Commission to proceed forthwith to supply a member of Parliament to fill a vacancy created by the [specify reason for vacancy] of [specify name of previous member].Signed by Her Excellency, the Governor-General at [place] on [date].

Schedule 2 form 7: amended, on 25 March 2014, by section 44(3) of the Electoral Amendment Act 2014 (2014 No 8).

Schedule 2 form 7: amended, on 1 October 2010, by section 32(1)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Schedule 2 form 7: amended, on 1 October 2010, by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).

Schedule 2 form 7: amended, on 28 February 2002, by section 100(5) of the Electoral Amendment Act 2002 (2002 No 1).

s 284

Enactments repealedActs and Regulations Publication Act 1989 (1989 No 142) (RS Vol 26, p 358)Amendment(s) incorporated in the Act(s).Area Health Boards Amendment Act 1986 (1986 No 16)Amendment(s) incorporated in the Act(s).Criminal Justice Act 1985 (1985 No 120)Amendment(s) incorporated in the Act(s).Electoral Act 1956 (1956 No 109) (RS Vol 26, p 173)Electoral Amendment Act 1960 (1960 No 4) (RS Vol 26, p 333)Electoral Amendment Act 1965 (1965 No 17) (RS Vol 26, p 333)Electoral Amendment Act 1967 (1967 No 149) (RS Vol 26, p 333)Electoral Amendment Act 1971 (1971 No 67) (RS Vol 26, p 334)Electoral Amendment Act 1974 (1974 No 54) (RS Vol 26, p 335)Electoral Amendment Act 1975 (1975 No 28) (RS Vol 26, p 335)Electoral Amendment Act 1976 (1976 No 46) (RS Vol 26, p 339)Electoral Amendment Act 1977 (1977 No 128) (RS Vol 26, p 340)Electoral Amendment Act 1979 (1979 No 12) (RS Vol 26, p 341)Electoral Amendment Act 1980 (1980 No 29) (RS Vol 26, p 341)Electoral Amendment Act 1981 (1981 No 120) (RS Vol 26, p 346)Electoral Amendment Act 1983 (1983 No 104) (RS Vol 26, p 351)Electoral Amendment Act 1985 (1985 No 149) (RS Vol 26, p 353)Electoral Amendment Act (No 2) 1985 (1985 No 150) (RS Vol 26, p 355)Electoral Amendment Act (No 2) 1986 (1986 No 116) (RS Vol 26, p 356)Electoral Amendment Act (No 2) 1987 (1987 No 87) (RS Vol 26, p 357)Electoral Amendment Act 1989 (1989 No 31) (RS Vol 26, p 357)Electoral Amendment Act 1990 (1990 No 1) (RS Vol 26, p 359)Electoral Amendment Act 1991 (1991 No 68)Electoral Amendment Act 1992 (1992 No 36)Electoral Amendment Act 1993 (1993 No 98)Foreign Affairs Act 1988 (1988 No 159)Amendment(s) incorporated in the Act(s).Immigration Act 1987 (1987 No 74)Amendment(s) incorporated in the Act(s).New Zealand Trade Development Board Act 1988 (1988 No 160)Amendment(s) incorporated in the Act(s).Public Finance Act 1989 (1989 No 44)Amendment(s) incorporated in the Act(s).State-Owned Enterprises Act 1986 (1986 No 124)Amendment(s) incorporated in the Act(s).

Schedule 3

Electoral Amendment Act 1993: inserted, on 26 August 1993, by section 31 of the Electoral Amendment Act 1993 (1993 No 98).

Electoral (Administration) Amendment Act 20102010-05-21see section 21TitleThis Act is the

Electoral (Administration) Amendment Act 2010

.2Commencement1The following provisions come into force on 1 October 2010:

athe provisions in subpart 2 of Part 1:

bthe provisions in subpart 2 of Part 2.

2The rest of this Act comes into force on the day after the date on which it receives the Royal assent.3Principal Act amendedThis Act amends the Electoral Act 1993.2Consequential amendments and transitional provisions1Provisions coming into force on day after Royal assent25Continuity of employment1Every transferred employee becomes an employee of the new Electoral Commission on 1 October 2010.2However, for the purposes of this Act and every enactment, law, determination, contract, and agreement relating to the employment of the transferred employee,—

athe contract of employment of that employee is deemed to have been unbroken; and

bthat employee's period of service with his or her previous employer, and every other period of service of that employee that is recognised as continuous service by his or her previous employer, is deemed to have been a period of service with the new Electoral Commission.

Electoral Amendment Act 20142014-03-24see section 21TitleThis Act is the

Electoral Amendment Act 2014

.2CommencementThis Act comes into force on the day after the date on which it receives the Royal assent.1Amendments to principal Act3Principal ActThis Part amends the Electoral Act 1993 (the principal Act).47Transitional provision for loans entered into on behalf of parties before commencement date1Nothing in Part 6B applies in respect of any loan entered into on behalf of a party before the commencement date.2To avoid doubt, nothing in section 214C or 214F relating to aggregations of loans applies to any loan entered into on behalf of a party before the commencement date.3In this section, commencement date means the date of commencement of this section.

Notes1GeneralThis is a consolidation of the Electoral Act 1993 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.2Legal statusA consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.3Editorial and format changesThe Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.4Amendments incorporated in this consolidationElectoral Amendment Act 2025 (2025 No 82)Statutes Amendment Act 2025 (2025 No 74): Part 15Parliament (Repeals and Amendments) Act 2025 (2025 No 63): section 51Electoral Amendment Act 2022 (2022 No 80)Electoral (Māori Electoral Option) Legislation Act 2022 (2022 No 62): Part 1Data and Statistics Act 2022 (2022 No 39): section 107(1)Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14): wehenga 7/section 7Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57) section 147Reserve Bank of New Zealand Act 2021 (2021 No 31): section 300(1)Secondary Legislation Act 2021 (2021 No 7): section 3Public Service Act 2020 (2020 No 40): section 135Education and Training Act 2020 (2020 No 38): section 668Electoral (Registration of Sentenced Prisoners) Amendment Act (No 2) 2020 (2020 No 34)Privacy Act 2020 (2020 No 31): sections 190, 217Electoral (Registration of Sentenced Prisoners) Amendment Act 2020 (2020 No 26)Election Access Fund Act 2020 (2020 No 4): sections 12, 13Electoral Amendment Act 2020 (2020 No 2): Part 1Electoral Amendment Act 2019 (2019 No 72)Contempt of Court Act 2019 (2019 No 44): section 29Local Electoral Matters Act 2019 (2019 No 7): Part 2Family Violence Act 2018 (2018 No 46): section 259(1)Electoral (Integrity) Amendment Act 2018 (2018 No 39)Social Security Act 2018 (2018 No 32): section 459Statutes Amendment Act 2018 (2018 No 27): section 40Electoral Amendment Act 2017 (2017 No 9)Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017 (2017 No 8): Part 2Contract and Commercial Law Act 2017 (2017 No 5): section 347District Court Act 2016 (2016 No 49): section 261Senior Courts Act 2016 (2016 No 48): section 183(b)Financial Reporting Amendment Act 2014 (2014 No 64): section 17Electoral Amendment Act 2014 (2014 No 8)Electoral Amendment Act 2013 (2013 No 115)Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102): section 126Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70): section 150Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19): section 8Sale and Supply of Alcohol Act 2012 (2012 No 120): section 417(1)Criminal Procedure Act 2011 (2011 No 81): section 413Student Loan Scheme Act 2011 (2011 No 62): section 223Electoral (Administration) Amendment Act 2011 (2011 No 57)Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137)Electoral Amendment Act 2010 (2010 No 63)Electoral (Administration) Amendment Act 2010 (2010 No 26)Immigration Act 2009 (2009 No 51): section 406(1)Electoral Amendment Act 2009 (2009 No 1)Policing Act 2008 (2008 No 72): section 130(1)Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48): section 47Land Transport Management Amendment Act 2008 (2008 No 47): section 50(1)Electoral Amendment Act 2007 (2007 No 113)Electoral Amendment Act 2005 (2005 No 50)Relationships (Statutory References) Act 2005 (2005 No 3): section 7Crown Entities Act 2004 (2004 No 115): section 200State Sector Amendment Act (No 2) 2004 (2004 No 114): section 19(1)Civil Union Act 2004 (2004 No 102): section 46Electoral Amendment Act 2004 (2004 No 99)Corrections Act 2004 (2004 No 50): section 206Holidays Act 2003 (2003 No 129): section 91(2)Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115): section 51Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(1)New Zealand Trade and Enterprise Act 2003 (2003 No 27): section 84Local Electoral Amendment Act 2002 (2002 No 85): section 52Remuneration Authority (Members of Parliament) Amendment Act 2002 (2002 No 54): sections 3(3), 4(1)Electoral Amendment Act 2002 (2002 No 1)Electoral (Integrity) Amendment Act 2001 (2001 No 105)Local Electoral Act 2001 (2001 No 35): section 151New Zealand Public Health and Disability Act 2000 (2000 No 91): section 111(1)Harassment Act 1997 (1997 No 92): section 45Births, Deaths, and Marriages Registration Amendment Act 1997 (1997 No 35): section 7State Sector Amendment Act 1997 (1997 No 8): section 5Survey Amendment Act 1996 (1996 No 55): section 5Electoral Amendment Act (No 2) 1996 (1996 No 54)Domestic Violence Act 1995 (1995 No 86): section 132Electoral Amendment Act (No 2) 1995 (1995 No 61)Electoral Amendment Act 1995 (1995 No 60)Electoral Amendment Act 1993 (1993 No 98): section 31Public Finance Act 1989 (1989 No 44): section 65R(3)