Electoral Amendment Regulations (No 4) 2020

2020/244

Coat of Arms of New Zealand

Electoral Amendment Regulations (No 4) 2020

Patsy Reddy, Governor-General

Order in Council

At Wellington this 7th day of September 2020

Present:
The Right Hon Jacinda Ardern presiding in Council

These regulations are made under section 267 of the Electoral Act 1993 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Electoral Amendment Regulations (No 4) 2020.

2 Commencement

These regulations come into force on 11 September 2020.

3 Principal regulations

These regulations amend the Electoral Regulations 1996 (the principal regulations).

4 New regulation 24C inserted (Special vote by person in isolation or quarantine)

After regulation 24B, insert:

24C Special vote by person in isolation or quarantine

(1)

This regulation applies to any person in New Zealand who is qualified to vote at an election in any district as a special voter because the person—

(a)

intends to be absent, or is absent, from that district on polling day by reason of being in a place of isolation or quarantine in accordance with the requirements of a COVID-19 order or other enactment; or

(b)

is unable to attend to vote at any polling place in that district by reason of having COVID-19 and being in a place of isolation or quarantine in accordance with the requirements of a COVID-19 order or other enactment; or

(c)

satisfies the Electoral Commission that, by reason of being in a place of isolation or quarantine in accordance with the requirements of a COVID-19 order or other enactment, it will not be practicable for the person to vote at a polling place in a district without incurring hardship or serious inconvenience.

(2)

A person to whom this regulation applies may make a request to the Electoral Commission to vote by dictation.

(3)

A request under subclause (2) may be made during the period—

(a)

beginning on 5 October 2020; and

(b)

ending at 5 pm on polling day.

(4)

If the Electoral Commission grants a request under subclause (2) and allows a person to vote by dictation, regulation 23A(5) to (7) applies with all necessary modifications.

(5)

In this regulation,—

COVID-19 order has the meaning given to it by section 5(1) of the COVID-19 Public Health Response Act 2020

place of isolation or quarantine, for a person, means—

(a)

a facility that is allocated or determined as that person’s place of isolation or quarantine under clause 12 of the COVID-19 Public Health Response (Isolation and Quarantine) Order 2020; or

(b)

a ship on which the person has arrived in New Zealand and on which the person is required to remain in accordance with the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020

polling day means polling day for the 2020 general election.

(6)

This regulation is revoked on 1 December 2020.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 11 September 2020, amend the Electoral Regulations 1996 (the principal regulations).

The purpose of these regulations is to insert new regulation 24C into the principal regulations to enable persons to vote as special voters by dictation if, in accordance with the requirements of a COVID-19 order or other enactment, they are in isolation or quarantine at a managed isolation or quarantine facility or on a ship.

New regulation 24C applies only for the 2020 general election and is revoked on 1 December 2020.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 10 September 2020.

These regulations are administered by the Ministry of Justice.