Electoral Amendment Bill - Amendment paper No 479
Electoral Amendment Bill - Amendment paper No 479
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No 479
House of Representatives
Amendment Paper
Electoral Amendment Bill
Proposed amendments
Tamatha Paul, in Committee, to move the following amendments:
Clause 9
In clause 9(1), paragraph (b) of new definition of hospital, replace “sections 80, 86A, 86B, and 86H” (page 12, line 33) with “section 86H”.
Clause 10
Replace clause 10(2) and (3) (page 13, lines 8 to 28) with:
(2)
Repeal section 80(1)(d) and (1A).
Clause 12
In clause 12, replace new sections 86A to 86F (page 14, line 3 to page 17, line 5) with:
86A Registration of prisoners
(1)
This section applies when—
(a)
a prisoner who is aged 17 years or older is received into a prison to serve a sentence of imprisonment; or
(b)
a prisoner reaches the age of 17 years while serving a sentence of imprisonment.
(2)
If this section applies, the prison manager must, as soon as is reasonably practicable, —
(a)
advise the prisoner that, —
(i)
if 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; or
(ii)
if 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
(b)
ask the prisoner whether they want their registration details sent to the Electoral Commission to facilitate their registration as an elector.
(3)
If the prisoner wants their registration details sent to the Electoral Commission to facilitate their registration as an elector, section 86B applies.
86B Prison manager to collect and send registration information to Electoral Commission
(1)
If a prisoner referred to in section 86A 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 information for that purpose:
(a)
the prisoner’s details as specified in section 83(2); and
(b)
if the prisoner is Māori, whether their choice is to be registered in a Māori electoral district or a General electoral district.
(2)
The prison manager must collect the registration information provided by a prisoner and send that information to the Electoral Commission as soon as is reasonably practicable after collecting it.
(3)
If a prisoner wishes to apply for a direction under section 115 (unpublished names), the prisoner manager must—
(a)
assist the prisoner to prepare an application accompanied by supporting information; and
(b)
send the application and supporting information to the Electoral Commission with the prisoner’s registration information.
(4)
A prison manager may not use or disclose the information collected from a prisoner other than in accordance with subsection (2) or (3).
86C Registration information received from prison manager treated as application for registration
(1)
The Electoral Commission must, for the purposes of this Act, treat—
(a)
the receipt of a person’s details under section 86B(1)(a) as an application by the person to register as an elector of an electoral district; and
(b)
the receipt of a person’s preference under section 86B(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.
(2)
This section overrides section 83(1) to (4).
86D Delegation of prison manager’s functions under sections 86A and 86B
(1)
A prison manager may delegate to 1 or more prison officers the prison manager’s functions under sections 86A and 86B.
(2)
Subject to any directions or conditions imposed by the prison manager, a prison officer to whom the prison manager’s functions are delegated under this section may carry out those functions in the same manner and with the same effect as if they had been conferred on the prison officer directly by sections 86A and 86B.
(3)
A delegation must be in writing and may be revoked at any time.
(4)
In this section, prison officer means an officer within the meaning of paragraph (a)(ii) of the definition of that term in section 3(1) of the Corrections Act 2004.
86E Prison manager to communicate with prisoner in way prisoner can understand
When carrying out their duties under sections 86A and 86B, a prison manager must communicate with a prisoner in a way that the prisoner can reasonably be expected to understand.
Clause 12: new section 86G
In clause 12, new section 86G heading, delete “, 86AB” (page 17, line 6).
In clause 12, new section 86G(1), delete “, 86AB” (page 17, line 9).
In clause 12, new section 86G(2), delete “, 86AB” (page 17, line 15).
Clause 12: new section 86H
In clause 12, new section 86H heading, replace “transferred to” with “detained in” (page 17, line 20).
In clause 12, replace new section 86H(1) (page 17, lines 21 to 24) with:
(1)
This section applies to a person who is of or over the age of 17 years and is detained in a hospital or secure facility 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.
In clause 12, new section 86H(2)(a)(i), replace “transferred to” (page 17, line 36) with “were detained in”.
Clause 135
Replace clause 135 (page 55, lines 21 to 23) with:
135 Section 98 amended (Removal of names from roll by Electoral Commission)
Repeal section 98(1)(f)(ii).
Schedule 1: New Part 4 of Schedule 1AA
In Schedule 1, new Part 4 of Schedule 1AA, delete clause 9(2) (page 60, lines 28 to 35).
In Schedule 1, new Part 4 of Schedule 1AA, after clause 9 (page 60, after line 35), insert:
9A Registration of persons detained in prison before commencement date
A person who is disqualified for registration as an elector by section 80(1)(d) immediately before the commencement date is not disqualified for registration as an elector after the commencement date on the ground of being detained in a prison under a sentence of imprisonment for life, a sentence of preventative detention, or a sentence of imprisonment for a term of 3 years or more.
Explanatory note
This Amendment Paper amends the Electoral Amendment Bill to grant people in prison the right to vote.
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Electoral Amendment Bill - Amendment paper No 479
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