Electoral Amendment Act 2002

1: Title
1: This Act is the Electoral Amendment Act 2002.
2: In this Act, the Electoral Act 1993 the principal Act
1: Preliminary provisions
2: Commencement
1: Except as provided in subsection (2) section 8
2: Part 2 4
3: Interpretation
1: Section 3(1) Clerk of the Writs Deputy Returning Officer
2: Section 3(1) election expenses election expenses
a: in relation to a candidate at an election, has the meaning given to it in section 213
b: in relation to a party that is registered under Part IV section 214B
3: Section 3(1) electoral roll electoral roll sections 101 to 103 section 83
4: Section 3(1) anonymous
a: in relation to a constituency candidate donation as defined in section 210(9)
b: in relation to a party donation (as that term is defined in section 214F
i: the candidates of the party to which the donation is made:
ii: the persons involved in the administration of the affairs of that party current financial member
a: whose membership of the party resulted from an application made by the member to join the party; and
b: who is, under the party's rules, subject to an obligation to pay to the party a membership fee—
i: on becoming a member; and
ii: then at specified intervals of not more than 3 years; and
c: who has paid to the party every membership fee that has for the time being become payable by the member in accordance with those rules electoral official section 20 issuing officer section 158(3)(a) manager section 158(2) polling place official section 158(1)
5: Section 3(1) Maori electoral population
a: by ascertaining a proportion determined by dividing—
i: the total number of persons registered as at the close of the last day of the period specified in the last notice published under section 77(2)
ii: the total number of persons of New Zealand Maori descent registered as at the close of the day referred to in subparagraph (i) as electors of either General electoral districts or Maori electoral districts, and persons on the dormant rolls for Maori electoral districts and General electoral districts; and.
6: Section 3(1) Returning Officer Returning Officer section 20B
7: Section 3(1) Speaker Speaker
a: the Speaker of the House of Representatives; or
b: if the Speaker of the House of Representatives is (for whatever reason) unable to act, the Deputy Speaker of the House of Representatives; or
c: if neither the Speaker of the House of Representatives nor the Deputy Speaker of the House of Representatives is (for whatever reason) able to act, an Acting Speaker of the House of Representatives who is able to act.
4: New
sections 11A to 11C The principal Act is amended by inserting, after section 11
11A: Appointment of deputies
1: In this section, appointed member means a member of the Electoral Commission who has been appointed under section 8(1)(c) or section 8(1)(d) or section 8(4)(b)
2: An appointed member may appoint any person as the deputy of the member.
3: The member who is the Secretary for Justice may appoint as the deputy of that member an employee of the Ministry of Justice.
4: The member who is the Chief Judge of the Maori Land Court may appoint as the deputy of that member the Deputy Chief Maori Land Court Judge.
5: Every appointment of a deputy—
a: must be in writing; and
b: must be signed by the member making the appointment.
11B: Status of deputies
1: A deputy appointed by a member of the Electoral Commission under section 11A
2: The deputy of the member who holds office as the President of the Electoral Commission has, in addition, authority to act as President of the Commission during any period when the President of the Commission is incapacitated by illness, absence from New Zealand, or other sufficient cause from performing the duties of his or her office.
3: A member of the Electoral Commission may, at any time, revoke the appointment of his or her deputy.
4: No act done by a deputy appointed under section 11A
11C: Protection from civil liability
1: This section applies to every member of the Electoral Commission, to every deputy of such a member, and to every officer and employee of the Commission.
2: No civil proceeding may be brought against any person to whom this section applies for anything he or she may do or report or say in the course of the exercise or intended exercise of his or her duties under this Act unless it is shown that he or she acted in bad faith.
5: Sections 16 17 Sections 16 17
6: New
sections 20 to 20D
1: The principal Act is amended by repealing sections 20 20A
20: Electoral officials
There may be appointed under the State Sector Act 1988
20A: Electoral officials under direction of Chief Electoral Officer
1: The Chief Electoral Officer may give oral or written directions to all or any electoral officials.
2: Every electoral official must exercise or perform his or her powers, duties, and functions in accordance with any directions given by the Chief Electoral Officer.
20B: Designation of Returning Officers
For every election to be held in a district, the Chief Electoral Officer must, by notice in writing, designate an electoral official as the Returning Officer for the district.
20C: Chief Electoral Officer and Returning Officers may delegate powers
1: The Chief Electoral Officer and every Returning Officer may each delegate any of his or her respective powers, duties, and functions (other than this power of delegation) to an electoral official.
2: The maker of the delegation—
a: must make the delegation in writing and sign it; and
b: may make the delegation subject to any conditions or limits or both.
3: The maker of the delegation may revoke at any time, by written notice to the delegate, any delegation made under this section.
4: Every person to whom a power, duty, or function is delegated under this section may exercise or perform the power, duty, or function in the same manner and with the same effect as the maker of the delegation could himself or herself have exercised or performed it.
5: Every person purporting to act under a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.
6: A delegation under this section does not affect or prevent the exercise or performance of any power, duty, or function of the maker of the delegation.
20D: State sector agencies to assist with administration of elections
1: The Chief Electoral Officer may seek assistance from any State sector agency in order to facilitate the effective administration of elections.
2: Any agency approached by the Chief Electoral Officer for assistance must have regard to the public interest in a whole-of-government approach to support the effective administration of elections in considering the assistance it can provide.
3: Any assistance that a State sector agency provides must be provided in a manner that is consistent with the statutory framework establishing that agency.
4: For the purposes of this section, a State sector agency means any part of the State services Crown entity State enterprise
2: Section 7 Electoral Amendment Act (No 2) 1995
7: Chief Registrar of Electors
Section 21 subsection (2)
2A: Without limiting the duty imposed by subsection (2)
8: Registered electors may be members, unless disqualified
1: Section 47 subsection (3)
3: Regardless of anything in subsection (1)
2: A member of Parliament elected before the date of the commencement of this section is not disqualified from sitting as a member simply because, after that date, he or she is no longer qualified under section 47(3)
3: A candidate whose name appears on a party list submitted under section 127 section 137 section 47(3)
4: This section comes into force on 1 February 2003.
9: How vacancies created
1: Section 55(1) paragraph (f)
f: if he or she resigns his or her seat by signing a written notice that is addressed and delivered to the Speaker; or.
2: Section 55(1) paragraph (j)
10: Registrar of Court to notify cause of vacancy in certain cases
Section 57(1) , or to the Governor-General if there is no Speaker or if the Speaker is absent from New Zealand or if the member so convicted is the Speaker
11: Registrar of Births and Deaths to notify Speaker of death of member
Section 58(1) , or to the Governor-General if there is no Speaker or if the Speaker is absent from New Zealand
12: No person to be candidate for more than one district or on more than one list
Section 59(4) him or her or on his or her behalf
13: Application for registration
1: Section 63(2) paragraph (c)
c: must—
i: set out the name of the party; and
ii: if 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
iii: set out the name and address of the applicant and the capacity in which he or she makes the application; and
iv: if the applicant is not the secretary of the party, set out the name and address of the secretary of the party; and
v: set out the name and address of the person, being a person who is eligible for appointment under section 214D
vi: be 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
vii: 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
ca: must 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
i: to submit a list of candidates under section 127
ii: to have 1 or more constituency candidates stand for the party or for a related political party; or
iii: both; and.
2: The secretary of every political party that is registered under Part 4
14: Application for registration of party logo
1: Section 63A(2)(c)(ii) By by 2 copies of
2: Section 63A(2) paragraph (d)
da: if the application is made by a political party that is not registered under this Part, must 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
15: Other grounds on which registration may be refused
Section 66 subsection (3)
16: Registration
Section 67(3) ; and
f: to notify the Electoral Commission whenever the party changes the auditor of the party by appointing another person, being a person who is eligible for appointment under section 214D
17: Cancellation of registration
1: Section 70 subsection (1)
1A: The provisions of section 64 subsection (1)
2: Section 70 subsection (2)
2A: For the purposes of exercising the powers conferred on it by subsection (2)
18: Cancellation of registration of party logo
Section 70A subsection (1)
1A: The provisions of section 64 subsection (1)
19: New
sections 71A 71B
1: The principal Act is amended by inserting in Part 4 section 71
71A: Obligation to provide annual declaration regarding party
The secretary of any political party registered under this Act must ensure that the Electoral Commission receives by 30 April in each year a declaration made by the secretary in the manner provided by section 9 of the Oaths and Declarations Act 1957
a: state that the party intends, at general elections,
i: to submit a list of candidates under section 127
ii: to have 1 or more constituency candidates stand for the party or for a related political party; or
iii: both; and
b: state whether the party has at least 500 current financial members who are eligible to enrol as electors.
71B: Obligation to provide copy of party membership rules and candidate selection rules
1: The secretary of any political party registered under this Act must supply the Electoral Commission with the following:
a: a copy of the rules governing membership of the party:
b: a copy of the rules governing the selection of persons to represent that party as candidates for election as members of Parliament:
c: a copy of any changes to the rules referred to in paragraph (a) or paragraph (b)
2: The copies required by subsection (1)(a) and (b) Gazette section 67(1)(c)
3: The copies required by subsection (1)(c)
4: Members of the public are entitled to inspect the documents supplied to the Electoral Commission under this section. They may inspect them, without payment, at any time between 9.00 am and 4.00 pm on any day on which the office of the Electoral Commission is open.
2: Regardless of section 71B(2) Part 4 subsection (1)(a) (b) subsection (4)
2: Amendments concerning registration of electors
20: Periodic exercise of Maori option and determination of Maori population
Section 77(6) paragraph (b) ; and
c: the total number of persons whose names are shown on the dormant rolls maintained under section 109
d: the total number of persons whose names are shown on the dormant rolls maintained under section 109
21: Exercise of Maori option
1: Section 78(1) Notwithstanding section 83(6)(b) of this Act
2: Section 78 subsection (3)
3A: If a Maori who wishes to exercise the option given by section 76(1)
a: by a donee of a power of attorney from the person, which donee must indicate on the form that the person is a physically disabled person or is outside New Zealand, as the case may be; or
b: by a registered elector who signs and returns by direction of the person and who indicates on the form—
i: that the person is a physically disabled person or is outside New Zealand, as the case may be; and
ii: that the form is being signed and returned by direction of the person.
3: Section 78
11: For the purposes of this section, a person registered as an elector includes a person of or over the age of 17 years who has had an application under section 82(2)
22: Compulsory registration of electors
Section 82(1) paragraph (b)
b: within 1 month after the date on which he or she ceases to be registered as an elector by reason of the inclusion of his or her name on the dormant roll under section 83C
23: New
sections 83 to 83D The principal Act is amended by repealing section 83
83: Updating of electoral rolls
1: Every Registrar must, at the times required by or under this section, direct an inquiry to be made concerning the particulars on the roll of every person registered as an elector of the district.
2: An inquiry must be made,—
a: where practicable, within the period of 12 months ending with the day on which a Parliament is due to expire; and
b: at any other time directed by the Chief Registrar.
3: In any year in which a triennial general election of members of any local authority must be held under the Local Electoral Act 2001
a: is registered as an elector of that district; and
b: appears from those particulars to reside within that local government area.
4: If a roll that is not yet in force has been compiled under section 101(1)
5: Every inquiry made under subsection (1)
a: be in the prescribed form; and
b: contain both the particulars on the roll of the elector to whom it is addressed and provision for the elector to make the changes to the information contained in the form; and
c: require the elector to return the form if any of those particulars have changed or are incorrect.
6: For the purposes of this section,—
a: a person registered as an elector section 82(2)
b: the particulars contained in the application to register are the particulars on the roll for that person.
83A: Procedure following inquiry under
section 83
1: If, following an inquiry under section 83
a: the Registrar must ensure that the form, or the information contained in the form, is transmitted to the Registrar for the new electoral district; and
b: the Registrar for the new electoral district must, as if the form were an application for registration, register that elector, in accordance with section 87
c: the form is deemed to be an application for registration for the purposes of section 82
d: the Registrar for the old electoral district must, in accordance with section 98(1)(a)
2: If, following an inquiry under section 83 subsection (1)
3: If the Registrar does not receive a form from an elector, or receives a form with no changes, that elector remains on the roll and his or her particulars on the roll remain unchanged.
4: Subsections (1), (2), and (4) of section 85 section 83
83B: No form of inquiry required if application for registration as elector received
If the Registrar receives, during an inquiry under section 83(1)
a: that application is deemed to be a completed form for the purposes of section 83
b: the Registrar must notify that elector that he or she will not receive a form of inquiry under section 83
83C: Elector who cannot be contacted to be included in dormant roll
1: This section applies if—
a: the Registrar is notified that an inquiry made under section 83(1) section 78(2)
b: at any other time the elector cannot be contacted at the elector's address on the roll.
2: If this section applies, the Registrar must—
a: make any inquiry as to the whereabouts of the elector that the Registrar thinks fit or that the Chief Registrar directs; and
b: if the Registrar is then unable to contact the elector, the Registrar must remove the name of the elector from the roll and include the name in the dormant roll maintained under section 109
83D: Transfer of electors between electorates
1: This section applies if a Registrar has received advice under section 82(1)(c)
2: If the Registrar who receives the advice referred to in subsection (1) new Registrar old Registrar
3: If the old Registrar believes that at least 1 month has elapsed since the change in the elector's place of residence, the old Registrar must send the elector a request for confirmation of the elector's new place of residence.
4: A request under subsection (3)
a: the particulars of the enrolment of the elector to whom it is addressed; and
b: the address of the elector's new place of residence; and
c: provision for the elector to make changes to the information in paragraph (a) or paragraph (b)
5: An elector who receives a form under this section must, within the time stated by the Registrar, sign the form and return it to the old Registrar.
6: If the old Registrar receives a form returned under subsection (5)
a: the old Registrar must ensure that the form, or the information contained in the form, is transmitted to the new Registrar; and
b: the new Registrar must, as if the form were an application for registration, register that elector, in accordance with section 87
c: the form is deemed to be an application for registration for the purposes of section 82
d: the old Registrar must, in accordance with section 98(1)(a)
7: Nothing in this section applies if a form is returned under section 83A(1)
24: Section 84 The principal Act is amended by repealing section 84
25: Application for registration
1: Section 85 subsections (2) to (4)
2: If a person making an application or declaration in respect of registration as an elector is physically disabled or is outside New Zealand, the application or declaration may be signed on his or her behalf—
a: by a donee of a power of attorney from the person, which donee must indicate on the application or declaration that the applicant is a physically disabled person or is outside New Zealand, as the case may be; or
b: by a registered elector who signs by direction of the person and who indicates on the application or declaration—
i: that the person is a physically disabled person or is outside New Zealand, as the case may be; and
ii: that the application or declaration is being signed and returned by direction of the applicant or declarant.
3: The application or declaration must state, in respect of the person making the application or declaration,—
a: the person's surname or family name:
b: the person's full given or first names:
c: the place of residence in respect of which registration is claimed, which place of residence must be specified in a manner that enables it to be clearly identified:
d: the person's postal address, if different from the address given under paragraph (c)
e: the person's occupation (if any):
f: the person's date of birth:
g: the honorific (if any) by which the person wishes to be addressed:
h: whether or not the person is of New Zealand Maori descent:
i: any other particulars that are prescribed.
4: The Registrar may reject any application or declaration that does not comply with subsection (1) paragraphs (a), (b), (c), (f), and (i) of subsection (3)
2: Section 85(5) subsection (3)(g) of this section subsection (3)(h)
26: Registration of mentally incapable persons
Section 86 subsection (5)
5: A person described in subsection (2) subsection (1)
a: sign and return the form for the purposes of section 78(3)
b: decide whether it is necessary to return a form sent to that person under section 83
c: sign and return a form for the purposes of section 83D
d: sign and forward a statement for the purposes of section 97(3)
27: New
section 89 The principal Act is amended by repealing section 89
89: Notice of registration
The Registrar must, not later than 14 days after the registration of a person (including registration in accordance with section 83A(1)(b) or section 83D(6)(b)
28: New
sections 92 to 94A
1: The principal Act is amended by repealing sections 92 to 94
92: Notification of death of registered elector
1: The Registrar-General of Births and Deaths 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)
2: The information referred to in subsection (1)
a: to determine the electoral district in which the deceased person resided; and
b: to take appropriate steps in relation to the roll and other records. Marriage of registered elector
93: Notification of marriages
1: This section applies if a person to whom a notice of intended marriage under the Marriage Act 1955
a: is registered as an elector of any district; or
b: is a person of or over the age of 17 years who has made an application under section 82(2) of this Act
2: The person referred to in subsection (1) section 2 of the Births, Deaths, and Marriages Registration Act 1995
3: The Chief Registrar may approve a form for the purposes of subsection (2)
4: The Registrar (within the meaning of section 2 of the Births, Deaths, and Marriages Registration Act 1995 subsection (2)
5: The Registrar who receives the information provided under subsection (2)
6: If a person to whom a notice is sent under subsection (5)
7: If an amendment to the roll is necessary under subsection (6) Change of name of registered elector
94: Notification of change of name
1: This section applies if a person registers a change of his or her name under section 21 of the Births, Deaths, and Marriages Registration Act 1995
2: The Registrar-General must provide to the Chief Registrar the following information for the purposes of determining whether any change is required to the name and address under which that person is registered on the roll:
a: the old name and the new name of the person; and
b: the person's date of birth; and
c: the person's full residential address. Confirmation of change of name, address, or other particulars
94A: Confirmation of change of name, address, or other particulars
1: This section applies if the Registrar, in accordance with this Act, amends, in relation to any person whose name appears on the roll, any of the following particulars:
a: the place of residence of the person, following a change of residence within an electoral district; or
b: the name of the person; or
c: any other particulars of a kind specified in paragraph (d), (h), or (i) of section 85(3)
2: The Registrar must, not later than 14 days after the roll is amended, deliver to that person personally, or send to that person by post, notice in writing of the amendment of the particulars on the roll.
2: The Births, Deaths, and Marriages Registration Amendment Act 1997 Schedule section 93(1) Electoral Act 1993
29: Notice of elector's objection
Section 95A(4) file created roll maintained
30: Registrar's objection
Section 96(5) file created roll maintained
31: Removal of names from roll by Registrar
1: Section 98(1)(c)(i) section 83(5)
2: Section 98(1)(c)(ii) section 83(5)
3: Section 98(1) paragraph (d)
d: the name of every person who, as a result of an inquiry made at that person's address on the roll, the Registrar of Electors has reason to believe has ceased for 1 month or upwards to reside in the district:.
32: Electoral rolls
1: Section 101(2) revision of the rolls inquiry
2: Section 101(5)(a) revision of the rolls inquiry
3: Section 101 subsection (6)
6: Every roll to which subsection (4) section 83
33: Rolls where Parliament dissolved after change of boundaries and before new rolls completed
Section 103 subsection (4)
4: Every electoral roll to which subsection (3) section 83
34: New
section 109 The principal Act is amended by repealing section 109
109: Dormant roll
1: The Registrar must maintain a dormant roll showing the particulars of those persons whose names have been removed from the roll for the district—
a: under section 83C
b: as a result of the removal of the name of that person from the roll under section 95A(4) or section 96(5)
2: The Registrar must remove the name of a person from the dormant roll on the first occurrence of any of the following events:
a: in the case of a person whose name has been removed from the electoral roll under section 83C
b: in the case of a person whose name has been removed from the electoral roll under section 95A(4) or section 96(5)
c: in the case of a person who dies, when the Registrar is satisfied of the identity of the person and the death has been notified to the Registrar—
i: by any Registrar of Births and Deaths; or
ii: by the father, mother, spouse, sister, or brother of the person; or
iii: by the administrator of the estate of the person; or
d: the expiration of the period of 3 years beginning with the date on which the person's name was placed on the dormant roll.
3: The Registrar 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 the day before polling day.
4: The Registrar 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.
5: The dormant roll as it exists on the day before polling day may be used for the purpose of determining whether any person is qualified, under section 60(c) or (d)
35: New
sections 111A to 111F The principal Act is amended by inserting, after section 111
111A: Objectives of
sections 111B to 111F The objectives of sections 111B to 111F
a: to enable specified electoral information in relation to any Maori elector, with the consent of that Maori elector, to be used to facilitate the establishment and maintenance of accurate and comprehensive registers of iwi affiliations; and
b: to ensure that registers of iwi affiliations are established and maintained by a body which—
i: is accountable to the organisations to which it is authorised to supply information; and
ii: is financially viable and well managed; and
iii: manages information in compliance with the requirements of this Act and the Privacy Act 1993
iv: makes iwi affiliation information available to iwi organisations and other Maori organisations at a reasonable cost; and
v: except as required for the purpose of establishing and maintaining the register or registers of iwi affiliations, does not create or maintain information on whakapapa; and
c: to enable information from a register of iwi affiliations to be supplied to iwi organisations and other Maori organisations for the purposes of those organisations; and
d: to leave unaffected—
i: any right of an iwi organisation or other Maori organisation or court to determine whether any person claiming affiliation with the organisation is so affiliated; or
ii: any right of a person to claim an affiliation with a particular iwi organisation or other Maori organisation or to approach the iwi organisation or other Maori organisation with which that person claims affiliation.
111B: Interpretation of terms in
sections 111C to 111F For the purposes of sections 111C to 111F designated body section 111E Maori elector register of iwi affiliations section 111C(2)
111C: Chief Registrar may seek consent of Maori electors to supply of information to designated body
1: The Chief Registrar may seek the consent of any Maori elector to the supply by the Chief Registrar from time to time of the particulars described in subsection (2)
2: The particulars referred to in subsection (1)
a: the elector's name, including first names, surname, and preferred honorific (if any):
b: the elector's postal address:
c: the elector's date of birth:
d: any randomly generated number assigned to that elector by the Chief Registrar.
3: The Chief Registrar may ask a Maori elector—
a: whether the Maori elector consents to the supply of his or her iwi affiliation information to the designated body for the purpose of establishing and maintaining a register or registers of iwi affiliations; and
b: if the answer under paragraph (a)
i: to give his or her iwi affiliation information; and
ii: if the elector wishes, to specify the iwi organisation or organisations or other Maori organisation or organisations to which the elector's iwi affiliation information may be supplied by the designated body.
4: Despite subsections (1) and (3) section 115
5: If the Chief Registrar seeks the consent of a person under this section, the Chief Registrar must advise the person of the provisions of section 111D(4) and section 111F(1) to (4)
6: If the Chief Registrar seeks the consent of a person under subsection (1)
7: The Chief Registrar—
a: may hold iwi affiliation information obtained in response to a request under subsection (3)
b: must not retain any of that iwi affiliation information.
111D: Chief Registrar may supply information to designated body
1: The Chief Registrar may supply the information described in subsection (2)
a: the Chief Registrar has obtained the consent of a Maori elector under section 111C(1)
b: the Chief Registrar has under section 111C(3)
2: The information referred to in subsection (1)
a: the particulars of the elector described in section 111C(2)
b: the elector's iwi affiliation information; and
c: if, under section 111C(3)(b)(ii)
3: The Chief Registrar may charge a reasonable fee for the supply of information to the designated body under this section.
4: Information supplied under this section is supplied for the purpose of enabling the designated body to—
a: establish and maintain a register or registers of iwi affiliations; and
b: supply the information on that register or registers to any organisation to which it is authorised to supply that information under section 111F
5: Except as required for the purpose described in subsection (4)
111E: Ministers of Justice and Maori Affairs may designate body to receive information
1: The Minister of Justice and the Minister of Maori Affairs may, by notice in the Gazette subsection (2)
2: The information referred to in subsection (1)
a: information described in section 111C(2)
b: information described in section 111C(3)(b)
3: The Minister of Justice and the Minister of Maori Affairs must not designate a person or body of persons under subsection (1)
a: the person or body of persons has adequate procedures in place to ensure that it is accountable to the organisations to which it is authorised to supply information under section 111F
b: the person or body of persons is financially viable and can demonstrate prudent and adequate management policies and practices, including in matters of financial management; and
c: the person's or body of persons' information management policies and practices are adequate to ensure compliance with this Act and the Privacy Act 1993
d: the person or body of persons has the ability to fund the establishment and maintenance of the register of iwi affiliations; and
e: the person or body of persons meets any other criteria that may be specified in regulations made under section 267(c)
4: The Minister of Justice and the Minister of Maori Affairs may, at any time, by notice in the Gazette subsection (1)
111F: Designated body may supply information from register of iwi affiliations to iwi organisation and other Maori organisation
1: The designated body may supply the information in relation to a particular Maori elector that is held on a register of iwi affiliations—
a: if the Maori elector has specified a particular organisation or organisations under section 111C(3)(b)(ii)
b: in any other case, to any iwi organisation or organisations or other Maori organisation or organisations that the designated body is satisfied represents the iwi to which the Maori elector claims an affiliation.
2: If the designated body is satisfied that iwi affiliation information given by a Maori elector under section 111C(3)(b)(i) subsection (1)
3: If the designated body is satisfied that the name of an organisation or organisations specified by a Maori elector under section 111C(3)(b)(ii) subsection (1)
4: Information supplied under this section is supplied for the purposes of the iwi organisation or other Maori organisation to which it is supplied.
5: Any fee charged by the designated body for the supply of information under this section must be a reasonable fee.
36: Supply of information on age and Maori descent
1: Section 112 subsection (4)
4: Every list supplied following a request under subsection (1)
2: Section 112(5) paragraph (f)
f: if the person requesting the list requires the list to be supplied in electronic form, that person supplies to the Chief Registrar a storage medium for that electronic information that complies with the prescribed requirements.
37: Supply of computer-compiled lists and computer tapes to local authorities
1: Section 113 Supply of computer-compiled lists and electronic storage media to local authorities
2:
3: Section 113 subsection (4)
4: Any electronic storage medium supplied by the Chief Registrar must be returned to the Chief Registrar as soon as practicable after use.
4: Section 113 subsection (7)
5: Section 113 subsection (8)
8: Regulations made under section 267
a: fees for the supply of an electronic storage medium by the Chief Registrar in any case; and
b: fees for providing information under this section on an electronic storage medium in any case to which subsection (1)
6: Subsections (9A) (9C) 113 computer tape, disk, or diskette electronic storage medium Subsection (2) repealed 25 December 2002 53(a) Local Electoral Amendment Act 2002
38: New
section 114 The principal Act is amended by repealing section 114
114: Supply of electoral information to candidates, political parties, and members of Parliament
1: The Chief Registrar must supply to a person specified in subsection (2)
a: the information described in subsection (3)
b: if the person so requests, the information described in subsection (4)
2: The persons referred to in subsection (1)
a: any 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:
b: any 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:
c: a 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:
d: any Commissioner or officer of the Electoral Commission for the purposes of assisting the Electoral Commission to exercise its functions under section 5(d)
e: any 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.
3: The information referred to in subsection (1)(a)
a: the names, residential addresses, occupations (if any), preferred honorifics (if any), meshblock, and postal addresses of, and any randomly generated number assigned by the Chief Registrar to, any or all of the following persons:
i: the electors of an electoral district:
ii: the persons whose names are on the dormant roll for an electoral district:
iii: the 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
iv: the 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
b: if the person to whom the information is being supplied is one described in subsection (2)(b)
4: The information referred to in subsection (1)(b)
a: whether the elector is of Maori descent; or
b: a list of electors of Maori descent; or
c: the age group within which the elector appears; or
d: a list of electors in a particular age group; or
e: any or all of the above.
5: Information supplied by the Chief Registrar under this section may be supplied—
a: in the form of a computer-compiled list; or
b: in electronic form, including by the giving of remote access to the information by electronic means.
6: A request for information from a person described in subsection (2)(a), (b), or (c)
a: if the information is sought in electronic form supplied on an electronic storage medium, be accompanied by a storage medium for that electronic information; and
b: be accompanied by the prescribed fee; and
c: be accompanied by a statement, on a form to be provided by the Chief Registrar, by the person seeking the information that the information is required for purposes permitted by this section and will not be used for any purpose other than those for which it is supplied.
7: A request for information from a person described in subsection (2)(d) or (e)
8: Regulations made under section 267
9: For the purposes of this section and section 112(1)(a) age group decade
39: New
section 114A The principal Act is amended by inserting, after section 114
114A: General provision concerning supply of information by Chief Registrar in electronic form
If the Chief Registrar is required in accordance with this Act to supply information in electronic form, the Chief Registrar is only required to supply that information in a form, or using a medium, that is compatible with computer systems being used by the Chief Registrar at the time.
40: Offences relating to use of electoral information
Section 116 subsection (1)
1: Every 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
41: New
section 117A The principal Act is amended by inserting, after section 117
117A: Offence relating to misuse of electoral information supplied under
section 111D
1: Every person commits an offence who knowingly and wilfully supplies, receives, or uses information of a kind described in section 111C(2) section 111D section 111D(4) or section 111F(4)
2: Every person who commits an offence against this section is liable on summary conviction,—
a: in the case of information supplied, received, or used for a commercial purpose, to a fine not exceeding $50,000; or
b: in any other case, to a fine not exceeding $10,000.
42: Copies of rolls for Returning Officer
Section 123 subsection (2)
2: Despite section 106
43: New
section 124 The principal Act is amended by repealing section 124
124: Power to destroy records
1: Subject to subsection (3) subsection (2)
a: the Registrar considers that the records are no longer required; and
b: 2 general elections have taken place since the records were made.
2: The records referred to in subsection (1)
a: applications for registration as electors; and
b: forms returned following an inquiry under section 83
c: records forming part of the dormant roll maintained under section 109(1)
3: Nothing 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.
3: Amendments concerning elections
44: New
section 125 The principal Act is amended by repealing sections 125 126
125: Writ for general election
Whenever 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 Chief Electoral Officer requiring the Chief Electoral Officer to make all necessary arrangements for the conduct of a general election.
45: Election of list candidates
1: Section 127 subsections (3) (3A)
3: Every list submitted under this section, and the declaration required by subsection (3A)
a: must be submitted to the Chief Electoral Officer 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; and
b: may be submitted by hand, post, or facsimile transmission.
3A: Every list submitted under this section must 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
a: declare that the secretary is satisfied that each person named on the list submitted under this section is qualified under this Act to be a candidate; and
b: state whether the party is a party in respect of which there are 1 or more component parties; and
c: if the party has 1 or more component parties, state the name of each component party.
2: Section 127 subsection (5)
5: Every form of consent submitted under this section must be in form 5, and may be submitted by hand, post, or facsimile transmission.
3: Section 127 subsection (8)
8: Every logo submitted under this section—
a: must be submitted to the Chief Electoral Officer 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; and
b: may be submitted by hand, post, or facsimile transmission.
46: New
section 127A The principal Act is amended by inserting, after section 127
127A: Deposit by party secretary
1: If a secretary of a political party submits a list under section 127
2: The deposit must be in the form of a bank draft or bank cheque.
3: The deposit is forfeit and must be paid into the Crown Bank Account if the party neither—
a: receives 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
b: wins a constituency seat.
4: In 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—
a: a duly completed return under section 214C
b: the auditor's report under section 214E
5: For the purposes of subsection (3)(b)
a: a constituency candidate for that party has his or her name endorsed on the writ under section 185
b: a 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 Chief Electoral Officer under any of the provisions of sections 127(3A) and 128A section 185
47: Acceptance or rejection of lists by Chief Electoral Officer
Section 128 subsection (1)
1: The Chief Electoral Officer must reject a list submitted under section 127
a: if the list is not submitted by a political party registered under Part IV
b: if the list is not lodged with the Chief Electoral Officer by noon on nomination day; or
c: if the list does not contain the name of at least 1 candidate; or
d: if the list is not accompanied by the declaration required by section 127(3A)
e: if the deposit required by section 127A
48: Withdrawal of list of candidates
1: Section 128C(2) writs writ
2: Section 128C subsection (2)
2A: If a list of candidates is withdrawn under subsection (1) section 127A section 127
49: New
section 129 The principal Act is amended by repealing sections 129 130
129: By-elections for members representing electoral districts
1: If 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
2: The Governor-General must, within 21 days after the date of a notice published in accordance with subsection (1)
3: In 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)
4: This 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.
50: Section 132 Section 132
51: New
section 134 The principal Act is amended by repealing sections 134 135
134: Supply of vacancy of seat of member elected from party list
1: If 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 Gazette
2: The Governor-General must, as soon as practicable after the date of a notice published in accordance with subsection (1)
3: This 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.
52: Method of supplying vacancy
1: Section 137(1) or section 135 of this Act
2: Section 137 subsection (4) subsection (5) to be elected by notifying the person's election in the Gazette
3: Section 137
7: Whenever subsection (6) Gazette
53: Contents of writ
1: Section 139(1) the election of a member of Parliament for an electoral district a general election or a by-election
2: Section 139 subsection (3)
3: Section 139 subsections (4) (5) section 153(8) of this Act section 153E(2)
54: New
sections 140 to 142 The principal Act is amended by repealing sections 140 to 142
140: Chief Registrar and Electoral Commission to be notified of writ
Immediately after receiving a writ for an election to be held in any district, the Chief Electoral Officer must notify the Chief Registrar and the Electoral Commission of the issue of the writ.
141: Returning Officer to be notified of writ
Immediately after receiving a writ requiring an election to be held in a district, the Chief Electoral Officer must notify the Returning Officer for the district of the following matters:
a: the issue of the writ:
b: the nomination day appointed in the writ:
c: the polling day appointed in the writ.
142: Returning Officer to give public notice of polling day, nomination day, and nomination process
1: Immediately after receiving notification under section 141
a: the polling day appointed in the writ:
b: the nomination day appointed in the writ:
c: the requirements for submitting nominations of candidates.
2: Every notice given under subsection (1)
55: Nominations of candidates for electoral districts
1: Section 143 subsection (1)
1: Any 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 Chief Electoral Officer.
2: Section 143 subsection (3A)
3A: If a nomination paper is lodged with the Returning Officer under subsection (1) section 67A section 150(13)
a: in the case of a general election,—
i: if the political party is not registered under Part IV
ii: if the political party is registered under Part IV section 127
b: in the case of a by-election, whether the political party is registered under Part IV
56: Deposit by candidate
Section 144 subsection (3)
3: The deposit of an unsuccessful candidate is forfeit and must be paid into the 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.
4: In every other case, the deposit of a constituency candidate must be returned to the person who paid it, but only after the Chief Electoral Officer has received a duly completed return under section 210
57: New heading and
sections 146A to 146L The principal Act is amended by inserting, after section 146 Bulk nomination of candidates by registered political parties
146A: Purpose of
sections 146B to 146L Sections 146B to 146L sections 143 to 146
146B: Notice of intention to lodge bulk nomination
1: If, at any general election, a political party that is registered under Part IV
2: A notification under subsection (1)
a: must be given not later than 1 working day after writ day for the general election; and
b: must be on a form provided by the Chief Electoral Officer; and
c: may be given by hand, post, or facsimile transmission.
3: The secretary of a party may, at any time before lodging a bulk nomination schedule, withdraw a notification under subsection (1)
4: A withdrawal under subsection (3)
a: must be on a form provided by the Chief Electoral Officer; and
b: may be given by hand, post, or facsimile transmission.
146C: Effect of notification of intention to lodge bulk nomination on nominations under
section 143
1: If the secretary of a political party notifies the party's intention to the Chief Electoral Officer under section 146B(1)
a: the notification is withdrawn under section 146B(3)
b: any bulk nomination schedule lodged by the secretary of that party is rejected under section 146G
c: the secretary of that party withdraws, under section 146I
i: an express statement on the form on which the withdrawal is made that the party intends to lodge another bulk nomination schedule; or
ii: another bulk nomination schedule in accordance with section 146D
2: While a notification of a party's intention under section 146B
a: no Returning Officer may accept a nomination made under section 143
b: if a Returning Officer has already accepted a nomination made under section 143 section 146
146D: Bulk nomination of constituency candidates
1: At any general election, the secretary of a political party that is registered under Part IV
2: The secretary of a party may nominate its candidates under this section by lodging, with the Chief Electoral Officer, a single bulk nomination schedule on a form provided by the Chief Electoral Officer.
3: A bulk nomination schedule—
a: may be lodged by hand, post, or facsimile transmission; and
b: must be lodged with the Chief Electoral Officer not later than noon on the day before nomination day.
4: The Chief Electoral Officer must give a written receipt for every bulk nomination schedule that he or she accepts.
146E: Bulk nomination schedule
1: The following requirements apply in relation to a bulk nomination schedule:
a: the schedule must specify the electoral districts for which candidates are nominated in the schedule:
b: the schedule must state, in relation to each such electoral district,—
i: the full name of the constituency candidate; and
ii: if 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.
2: Every 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
3: The secretary of the political party must lodge with the bulk nomination schedule, in relation to each constituency candidate nominated in the schedule, a statement on a form provided by the Chief Electoral Officer, signed by the constituency candidate and signifying his or her consent to the nomination.
4: If the secretary of a political party lodges a bulk nomination schedule and the political party has a logo registered under section 67A section 127 section 150(13)
5: Every logo lodged under subsection (4)
a: may be lodged by hand, post, or facsimile transmission; and
b: must be lodged with the Chief Electoral Officer not later than noon on nomination day.
146F: Deposit payable in respect of bulk nomination schedule
1: If a secretary of a party lodges a bulk nomination schedule under section 146D
2: The deposit must be in the form of 1 bank draft, or 1 bank cheque, for the total amount payable under subsection (1)
3: If 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)
4: After deducting any amounts forfeit under subsection (3) subsection (1) section 210
146G: Acceptance or rejection of bulk nomination schedule or nomination of candidate
1: The Chief Electoral Officer must reject a bulk nomination schedule lodged under section 146D
a: if the schedule is not lodged by the secretary of a political party registered under Part IV
b: if the intention to lodge the schedule has not been notified under section 146B
c: if the schedule is not lodged with the Chief Electoral Officer by noon on the day before nomination day; or
d: if the schedule does not contain the declaration required by section 146E(2)
e: if the deposit required by section 146F(1)
2: The Chief Electoral Officer must not accept the nomination of a candidate listed on a bulk nomination schedule in any case where a Returning Officer would be required to reject the nomination of that candidate under section 145(2) section 143 subsections (2) to (5) of section 145
3: The Chief Electoral Officer must reject the nomination of a candidate listed on a bulk nomination schedule if—
a: the candidate is not qualified both to be a candidate and to be elected as a member of Parliament; or
b: the written notice required by section 146E(3)
4: In every other case the Chief Electoral Officer must accept the bulk nomination schedule and the nominations made on the schedule.
5: Subsection (4)
146H: Amendment of bulk nomination schedule
1: If the secretary of a party lodges a bulk nomination schedule with the Chief Electoral Officer by noon on the day before nomination day, the secretary may, at any time before noon on nomination day, provide to the Chief Electoral Officer any information necessary to remedy any defect or omission in the schedule, or in any document required to be lodged with the schedule.
2: Information may be provided under subsection (1)
3: If the Chief Electoral Officer receives any information under subsection (1)
a: the Chief Electoral Officer must, where appropriate, amend the bulk nomination schedule or other document to which the information relates:
b: the Chief Electoral Officer must take the information into account in determining whether to accept or reject, under section 146G
4: This section does not authorise the secretary of a party to—
a: substitute a different person as a candidate for election for an electoral district; or
b: nominate a candidate for election for an electoral district for which no candidate was nominated in the schedule as originally lodged with the Chief Electoral Officer.
146I: Withdrawal of bulk nomination schedule
1: A secretary of a party may withdraw a bulk nomination schedule lodged by him or her under section 146D
2: A bulk nomination schedule may be withdrawn under subsection (1)
3: The withdrawal of a bulk nomination schedule has no effect unless the withdrawal is lodged with the Chief Electoral Officer, by hand, post, or facsimile transmission, by noon on nomination day.
4: If the secretary of a party withdraws a bulk nomination schedule under subsection (1) section 146B(1)
a: the form on which the withdrawal is made expressly states that the party intends to lodge another bulk nomination schedule; or
b: at the time of lodging the withdrawal, the party secretary lodges another bulk nomination schedule in accordance with section 146D
5: If a bulk nomination schedule is withdrawn under subsection (1) section 146D
6: If a bulk nomination schedule is withdrawn under subsection (1) section 146F section 146D
146J: Withdrawal of nomination in bulk nomination schedule
1: A constituency candidate nominated in a bulk nomination schedule or in accordance with section 146K
2: No withdrawal of nomination under subsection (1)
3: If a candidate for election for an electoral district withdraws his or her nomination under subsection (1) section 146F(1) section 146K
146K: Replacement nomination if earlier nomination withdrawn or lapses
1: If a candidate for election for an electoral district withdraws his or her nomination under section 146J section 152 or section 152A(3)
a: written notice of the nomination must be lodged with the Chief Electoral Officer, by hand, post, or facsimile transmission, not later than noon on nomination day:
b: the requirements set out in subsections (1) to (3) of section 146E
c: the secretary of the party must lodge with the Chief Electoral Officer, by noon on nomination day, a deposit (in the form of money, a bank draft, or a bank cheque) of the amount payable under section 146F(1) section 146F(1)
2: Sections 146F(3) and (4), 146G, and 146H
146L: Inspection of bulk nomination schedules and consents to nomination
Any registered elector may inspect the following material at the Chief Electoral Officer's office without payment at any time when the office is open for the transaction of business:
a: any bulk nomination schedule lodged under this Act:
b: any copy of a consent lodged with a bulk nomination schedule in accordance with section 146E(3)
c: any information provided to the Chief Electoral Officer under section 146H
d: any nomination lodged under section 146K
58: Advertisement of nomination and polling places
Section 147
a: by inserting in subsection (1)(a) nominated under section 143
b: by inserting in subsection (2)(b) section 143(3A) or section 146E(4)
59: New
section 148 The principal Act is amended by repealing section 148
148: Procedure where election not contested
1: If—
a: only 1 constituency candidate is nominated in a district; or
b: any constituency candidate who has been nominated duly withdraws his or her nomination and there remains only 1 constituency candidate,— the Chief Electoral Officer must, in accordance with section 179(2)
2: The name of the person so elected must be endorsed on the writ by the Chief Electoral Officer, and the writ must be returned to the Clerk of the House of Representatives in accordance with section 185
60: Form of ballot papers
1: Section 150(13)(b) section 143 of this Act or in accordance with subsections (4) and (5) of section 146E
2: Section 150(15) also be printed (in a form that is readable either with or without the aid of technology)
61: New heading and new
sections 151A 152 to 152C 153 to 153H The principal Act is amended by repealing the heading immediately before section 152 152 153 Death or incapacity of candidate
151A: Interpretation
For the purposes of sections 152A to 153H
a: if section 152A
b: in 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 51st day after writ day.
152: Death before close of nominations
1: If a constituency candidate who has been nominated and has not withdrawn his or her nomination dies before the close of nominations,—
a: his or her nomination is to be treated in all respects as if it had not been made; and
b: his or her deposit must be returned to his or her personal representatives or, as the case may be, to the person who paid it.
2: Subsection (3)
3: If this subsection applies, then, once the Returning Officer is satisfied of the fact of death,—
a: the 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
b: the Returning Officer 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.
4: If subsection (3) section 146K subsection (3)
152A: Incapacity of candidate before close of nominations
1: If 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.
2: Section 152B subsection (1) section 152C
3: If the Returning Officer or, as the case requires, the Chief Electoral Officer cancels the nomination in accordance with section 152C(3)
a: the candidate's nomination is to be treated in all respects as if it had not been made; and
b: the candidate's deposit must be returned to the candidate or, as the case may be, to the person who paid it.
4: If the candidate's nomination is cancelled on nomination day, or on any of the 3 days immediately before nomination day, then—
a: the 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
b: the Returning Officer or, as the case requires, the Chief Electoral Officer 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.
152B: Procedural provisions relating to making of application under
section 152A(1)
1: An application under section 152A(1)
a: if the candidate was nominated under section 143
i: the 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:
ii: the application must be made to the Returning Officer for the district:
b: if the candidate was nominated in a bulk nomination schedule or in accordance with section 146K
i: the application must be made by the secretary of the party:
ii: the application must be made to the Chief Electoral Officer.
2: The application must be made on a form provided by the Chief Electoral Officer, and must be witnessed by a Justice of the Peace or a solicitor.
3: The application must be accompanied by a certificate signed by a registered medical practitioner that certifies—
a: as to the candidate's condition; and
b: that, in the practitioner's opinion, the candidate is incapacitated within the meaning of section 151A
4: The application—
a: must be submitted to the Returning Officer or, as the case requires, the Chief Electoral Officer not later than 4.00 pm on nomination day; and
b: may be submitted by hand, post, or facsimile transmission.
152C: How application under
section 152A
1: On receiving an application made under section 152A(1)
2: For the purpose of making a determination under subsection (1)
3: If, before midnight on nomination day, the Returning Officer or Chief Electoral Officer determines that the candidate became incapacitated before the close of nominations, the Returning Officer or Chief Electoral Officer must cancel the candidate's nomination.
4: If the Returning Officer or Chief Electoral Officer has not made a determination under subsection (1)
a: section 152A
b: the application is to be treated as if it were an application under section 153G(1)
5: As soon as practicable after making a determination under subsection (1)
153: Death or incapacity of list candidate after submission of list
1: This section applies if a candidate whose name is included on a list submitted under section 127 section 193(5)
2: If this section applies,—
a: the poll must proceed; and
b: the list must be treated subsequently as if the candidate's name had never been included on that list.
153A: Death or incapacity of constituency candidate after close of nominations and before polling day
1: This 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.
2: If this section applies, then once the Returning Officer is satisfied that the candidate has died or, as the case requires, that the candidate's nomination has been cancelled, the Returning Officer must,—
a: in the case of a general election,—
i: issue a notice cancelling the poll for the election of a member of Parliament for the district; and
ii: proceed 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
b: in the case of a by-election, issue a notice cancelling the poll; and
c: report to the Chief Electoral Officer—
i: the issue and the date of the notice, under paragraph (a) or paragraph (b)
ii: whether the poll was cancelled because of the candidate's death or because of the candidate's incapacity; and
iii: the date of the candidate's death, if applicable; and
iv: if the candidate's incapacity was determined, under section 153H
3: Immediately after receiving the Returning Officer's report under subsection (2)(c)
a: the 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
b: the date of the notice by which the poll was cancelled; and
c: the date on which the candidate died or, as the case requires, the date on which the candidate's incapacity was determined.
153B: Death or incapacity of constituency candidate on polling day
1: This 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.
2: If this section applies, then once the Returning Officer is satisfied that the candidate has died or, as the case requires, that the candidate's nomination has been cancelled, the Returning Officer must,—
a: in the case of a general election,—
i: immediately 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
ii: proceed 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
b: in the case of a by-election, immediately close the poll; and
c: report to the Chief Electoral Officer—
i: the closure of the poll or part of the poll and the time of the closure; and
ii: whether the poll or part of the poll was closed because of the candidate's death or because of the candidate's incapacity; and
iii: if the candidate's incapacity was determined, under section 153H
3: Immediately after receiving the Returning Officer's report under subsection (2)(c)
a: the 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
b: the time of that closure; and
c: the date on which the candidate died or, as the case requires, the date on which the candidate's incapacity was determined.
153C: Death or incapacity of successful constituency candidate after close of poll and before declaration of result
1: This section applies if—
a: a 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
b: it 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.
2: If this section applies, then once the Returning Officer is satisfied that the candidate has died or, as the case requires, that the candidate's nomination has been cancelled, the Returning Officer must report to the Chief Electoral Officer—
a: the death or incapacity of the candidate; and
b: the date of the candidate's death, if applicable; and
c: if the candidate's incapacity was determined, under section 153H
3: The Chief Electoral Officer must, immediately on being satisfied of the Returning Officer's report under subsection (2)
a: the name of the candidate; and
b: that the candidate would, if still living or if not incapacitated, have been elected as the member of Parliament for the district concerned; and
c: the date on which the candidate died or, as the case requires, the date on which the candidate's incapacity was determined.
153D: Application of equality of votes provisions if constituency candidate dies or becomes incapacitated after close of poll
The provisions of this Act as to an equality of votes between constituency candidates apply even though, after the close of the poll, 1 of those candidates dies or the nomination of 1 of those candidates is cancelled on the grounds of incapacity.
153E: New election to be held if writ vacated
1: Immediately after endorsing the writ in accordance with section 153A or section 153B or section 153C
2: On receiving notification under subsection (1)
3: The 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.
4: Any 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.
5: All appointments of polling places made in respect of the election that has failed continue in respect of the new election.
153F: Destruction of ballot papers if by-election interrupted
1: This 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.
2: If this section applies,—
a: all 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
b: those packages must be sent, unopened, to the Returning Officer; and
c: the Returning Officer must immediately destroy those packages in the presence of a District Court Judge or a Justice of the Peace.
153G: Application for cancellation of nomination if candidate incapacitated after close of nominations
1: An application may be made for the cancellation of the nomination of a candidate if,—
a: in the case of a candidate whose name is included on a list submitted under section 127 section 193(5)
b: in 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.
2: An application under subsection (1)
a: if the candidate was nominated under section 143
i: the 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:
ii: the application must be made to the Returning Officer for the district:
b: if the candidate was nominated in a bulk nomination schedule or in accordance with section 146K section 127
i: the application must be made by the secretary of the party:
ii: the application must be made to the Chief Electoral Officer.
3: The application must be made on a form provided by the Chief Electoral Officer, and must be witnessed by a Justice of the Peace or a solicitor.
4: The application must be accompanied by a certificate signed by a registered medical practitioner that certifies—
a: as to the candidate's condition; and
b: that, in the practitioner's opinion, the candidate is incapacitated within the meaning of section 151A
5: The application—
a: must be submitted to the Returning Officer or, as the case requires, the Chief Electoral Officer—
i: as soon as practicable after the candidate becomes incapacitated; and
ii: before the declaration of the result of the poll; and
b: may be submitted by hand, post, or facsimile transmission.
153H: How application under
section 153G
1: On receiving an application made under subsection (1) of section 153G
2: For the purpose of making a determination under subsection (1)
3: If, before the declaration of the result of the poll, the Returning Officer or Chief Electoral Officer determines that the candidate became incapacitated in the circumstances set out in section 153G(1)
4: If the Returning Officer or Chief Electoral Officer has not made a determination under subsection (1)
5: As soon as practicable after making a determination under subsection (1)
62: Power to appoint polling places
1: Section 155(1) Governor-General Chief Electoral Officer
2: Section 155 subsection (5)
5: The Chief Electoral Officer may make the details of every appointment, revocation, alteration, or addition publicly available by any means that the Chief Electoral Officer considers appropriate.
6: Subsection (5) section 147
63: New
sections 157 to 160 The principal Act is amended by repealing sections 157 to 160
157: Materials for polling places
1: The Returning Officer must ensure that each polling place has the following things for the purposes of the poll:
a: 1 or more inner compartments to enable voters to vote in secret:
b: in each inner compartment, suitable facilities for the marking of ballot papers:
c: 1 or more ballot boxes:
d: 1 or more copies of the main roll and supplementary rolls for the district:
e: a sufficient number of ballot papers.
2: The Returning Officer must ensure that there is displayed prominently in every polling place either—
a: the name of each political party that submitted a list in accordance with section 127
b: copies of the information sent to electors under section 147(5)
158: Appointment of polling place officials
1: The 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.
2: The Returning Officer must, in relation to each polling place, designate, by notice in writing, 1 of the polling place officials as the manager of the place.
3: The Returning Officer may, in relation to each polling place,—
a: authorise in writing 1 or more polling place officials to issue ballot papers at the place; and
b: designate in writing 1 or more of the polling place officials as interpreters; and
c: authorise 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.
4: The Returning Officer for an electoral district may delegate his or her duties and powers under subsections (1) to (3)
5: The State Sector Act 1988
158A: Polling place officials under direction of Chief Electoral Officer and Returning Officer
1: The Chief Electoral Officer and the Returning Officer may each give oral or written directions to all or any polling place officials.
2: Every polling place official must exercise or perform his or her powers, duties, and functions in accordance with any directions given by the Chief Electoral Officer or the Returning Officer.
159: Exercise of powers and duties of polling place officials
1: The Returning Officer may exercise in person all the powers, duties, and functions of a manager of a polling place.
2: A person authorised under section 158(3)(c)
3: Every polling place official must, before being allowed to act, make a declaration in form 1 before the Returning Officer, or a Justice of the Peace, or a solicitor, or the manager, or an issuing officer of the polling place concerned.
159A: Interpreters
1: Whenever 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.
2: Regulations made under section 267
160: Scrutineers
1: Each constituency candidate may appoint 1 or more scrutineers for each polling place at any election.
2: If, 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.
3: Every appointment of a scrutineer—
a: must be in writing; and
b: must be signed by the constituency candidate or, as the case requires, the secretary of the party.
4: Every scrutineer must, before being allowed to act, make a declaration in form 1 before the Returning Officer, or a Justice of the Peace, or a solicitor, or the manager, or an issuing officer of the polling place concerned.
5: The 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.
6: A scrutineer may at any time during the hours of polling leave and re-enter the polling place for which he or she is appointed.
7: Nothing in this Act renders it unlawful for a scrutineer to communicate to a person information as to the names of persons who have voted.
8: No candidate may act as a scrutineer under this section.
64: New
section 164 The principal Act is amended by repealing section 164
164: Persons not to remain in polling places
No person not actually engaged in voting may remain in a polling place other than the following:
a: the Returning Officer:
b: polling place officials:
c: scrutineers:
d: any other person with the permission of the Returning Officer.
65: New
section 167
1: The principal Act is amended by repealing section 167
167: Issue of ordinary ballot papers
1: Every issuing officer must, in accordance with this section, issue ballot papers to every elector who applies to vote.
2: The elector must give any particulars that are necessary for finding the elector's name on the rolls.
3: If the name of the elector is on the rolls, the issuing officer must—
a: mark the rolls to indicate that the elector has applied to vote:
b: if 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:
c: write on the counterfoil of the ballot paper—
i: the issuing officer's initials; and
ii: the number of the page, and the number of the line, on which the elector's name appears on the roll:
d: ensure that the official mark of the issuing officer is placed on the ballot paper to indicate that it was issued by an authorised person:
e: issue the ballot paper to the elector.
4: Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, being an issuing officer, fails to comply with the requirements of this section.
2: Section 45
66: Sections 173 173A
1: The principal Act is amended by repealing sections 173 173A
2: Sections 51 52 Electoral Amendment Act (No 2) 1995
67: New
sections 174 to 174G
1: The principal Act is amended by repealing section 174
174: Preliminary count of votes cast in polling place
1: The 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 to be conducted in accordance with this section.
2: For the purposes of the preliminary count, all ballot papers must be taken from the ballot boxes to ascertain, as the case may require,—
a: the number of votes received by each party listed in the part of the ballot paper that relates to the party vote; or
b: the number of votes received by each candidate listed in the part of the ballot paper that relates to the electorate vote; or
c: both.
3: For the purposes of subsection (2)
a: any party votes that do not clearly indicate the party for which the voter desired to vote:
b: any electorate votes that do not clearly indicate the candidate for whom the voter desired to vote.
4: As soon as possible after ascertaining a result of the voting, the manager must ensure that the result is reported to the Returning Officer.
5: If 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)
174A: Ballot papers, etc, to be compiled, certified, and sent to Returning Officer
1: After completing the preliminary count under section 174
a: ensure that the following documents are enclosed in 1 or more parcels:
i: the used ballot papers:
ii: the ballot papers set aside under section 171
iii: the certified copies of the main roll and supplementary rolls that have been marked by issuing officers to indicate the persons who applied to vote:
iv: all the counterfoils of ballot papers that have been issued to voters and all the unused ballot papers:
v: all the spoilt ballot papers; and
b: ensure 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
c: ensure that 1 or more certificates are prepared that certify—
i: the number of votes received by each party (if applicable):
ii: the number of votes received by each candidate (if applicable):
iii: the number of informal party votes:
iv: the number of informal electorate votes:
v: the number of ballot papers set aside under section 171
vi: the number of spoilt ballot papers:
vii: the number of ballot papers issued to special voters:
viii: the number of unused ballot papers:
ix: the total number of ballot papers allocated for use at the polling place; and
d: sign, and invite each scrutineer who is present to sign, every endorsement prepared under paragraph (b) paragraph (c)
2: The manager must ensure that all parcels mentioned in this section are sent to the Returning Officer without delay.
3: This section does not prevent any of the documents referred to in subparagraphs (ii) to (v) of subsection (1)(a) section 174
174B: No preliminary count if fewer than 6 ordinary ballot papers issued
1: If, 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.
2: This section overrides sections 174 and 174A
174C: Preliminary count of early votes
1: In this section and in sections 174D to 174G early votes
a: are delivered or sent to the Returning Officer on or before polling day; and
b: were, in accordance with regulations made under this Act, issued in substantially the same manner as ordinary ballot papers are issued under section 167
2: The Returning Officer must, in the presence of any scrutineers appointed under section 174F
3: The Returning Officer must take the early votes and ascertain, as the case may require,—
a: the number of votes received by each party listed in the part of the ballot paper that relates to the party vote; or
b: the number of votes received by each candidate listed in the part of the ballot paper that relates to the electorate vote; or
c: both.
4: For the purposes of subsection (3)
a: all party votes that do not clearly indicate the party for which the voter desired to vote:
b: all electorate votes that do not clearly indicate the candidate for whom the voter desired to vote.
5: A count under this section must be commenced,—
a: if the conditions stated in section 174D(2)
b: if those conditions do not apply, as soon as practicable after the close of the poll.
6: If 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.
174D: Conditions for counting early votes before close of poll
1: In this section and in sections 174E to 174G
a: is designated by the Returning Officer for the purpose of the count of early votes; and
b: has features that—
i: preclude persons who are not in the area from seeing or hearing any aspect of the count; and
ii: permit the Returning Officer to control persons who wish to enter or leave the area.
2: The conditions referred to in section 174C(5)(a)
a: the Chief Electoral Officer has authorised the Returning Officer to commence the count before the close of the poll:
b: the count is to be conducted in a restricted area:
c: on 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:
d: on 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.
174E: Maintenance of secrecy of count of early votes
1: On polling day, no person (other than a scrutineer appointed under section 174F
2: On 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.
3: The Chief Electoral Officer 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.
4: The 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)
174F: Scrutineers for count of early votes
1: Each constituency candidate may appoint a scrutineer to attend at the count of early votes conducted under section 174C
2: Every appointment of a scrutineer—
a: must be in writing; and
b: must be signed by the constituency candidate.
3: Every scrutineer must, before being allowed to attend at the count, make a declaration in form 1 before the Returning Officer or a Justice of the Peace or a solicitor.
4: If 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 2.30 pm on polling day until the conclusion of the count.
5: No 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.
6: If a scrutineer fails to comply with subsection (5) section 174E(3)
a: refuse to allow the scrutineer to enter the restricted area; or
b: require the scrutineer to leave the restricted area.
174G: Offences in relation to count of early votes conducted before close of poll
1: Every person commits an offence and is liable on summary conviction to a fine not exceeding $2,000 who,—
a: not being a scrutineer appointed under section 174F
b: being a scrutineer appointed under section 174F
c: leaves, on polling day, a restricted area without the express authorisation of the Returning Officer.
2: Every 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
2: Section 53 Electoral Amendment Act (No 2) 1995
68: Scrutiny of the rolls
1: Section 175 subsection (3)
3: Every scrutineer must, before being allowed to act, make a declaration in form 1 before the Chief Electoral Officer, the Returning Officer, a Justice of the Peace, or a solicitor.
2: Section 175 subsection (5)
5: The only persons who may be present at the scrutiny are—
a: the Chief Electoral Officer:
b: the Returning Officer:
c: any assistant of the Chief Electoral Officer or of the Returning Officer:
d: any expert or technician who provides advice or support to the Chief Electoral Officer or to the Returning Officer for the purpose of the scrutiny:
e: any scrutineer.
69: Marked copies of rolls to be compared
1: Section 176 subsections (1) (2)
1: The Returning Officer or the Chief Electoral Officer 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,—
a: compare (either manually or by any electronic means)—
i: all the certified copies of the main roll and supplementary rolls that have been marked to indicate the persons who applied to vote; and
ii: all records of special votes exercised; and
iii: the list of post-writ day deletions supplied to the Returning Officer by the Registrar of Electors under section 123(b)
b: compile 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—
i: who is shown on any of the certified copies of the rolls as having received a ballot paper; or
ii: who is shown in any record of special votes issued as having received a ballot paper; or
iii: whose name is shown on the list of post-writ day deletions.
2: If 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
a: 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
b: 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
c: subject to subsection (3)
2: Section 176(4) paragraphs (a) (b)
a: must, 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
b: must 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.
3: Section 176 subsection (7)
70: Counting the votes
1: Section 178 subsection (1)
1: On or before the completion of the scrutiny under section 175 section 175 section 174A(1)(a)(i)
2: Section 178(2) booth place
3: Section 178(5)(a) subparagraph (i)
i: any 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.
4: Section 178(5)(c) Returning Officer polling place manager
5: Section 178(5) paragraph (d)
d: the 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.
6: Section 178 subsection (5)
5A: Despite section 60
a: may not be disallowed simply because of the voter's error with regard to the district; and
b: for the purposes of this section and sections 179 to 181
71: New
section 179
1: The principal Act is amended by repealing section 179
179: Declaration of result of poll
1: When the official count under section 178
a: the total number of valid votes received by each of the parties listed on the party vote part of the ballot paper:
b: the total number of valid votes received by each constituency candidate:
c: the total number of informal party votes:
d: the total number of informal electorate votes.
2: As soon as practicable after receiving from a Returning Officer the information specified in subsection (1) Gazette
3: The Chief Electoral Officer may declare the results for any number of districts on the same day, if the Chief Electoral Officer considers it appropriate to do so.
4: The Chief Electoral Officer may make arrangements under which persons with a particular interest in any declaration under subsection (2)
5: If there is an equality of votes between constituency candidates for a district and the addition of 1 vote would entitle 1 of those candidates to be declared elected, the Chief Electoral Officer must, without delay, apply to a District Court Judge for a recount under section 180
6: If on a recount under section 180
2: Section 57 Electoral Amendment Act (No 2) 1995
72: Scrutineers for recounts and allocation of list seats
Section 183 subsection (4)
4: Every scrutineer appointed under this section must, before being allowed to act, make a declaration in form 1 before the Chief Electoral Officer, the Returning Officer, a Justice of the Peace, or a solicitor.
73: New
sections 185 186 The principal Act is amended by repealing sections 185 186
185: Endorsement and return of writ
1: As soon as practicable after the Chief Electoral Officer has, under section 179(2)
a: endorse on the writ—
i: the full name of every constituency candidate declared to be elected; and
ii: the date of the endorsement; and
b: sign the writ; and
c: immediately after endorsing and signing the writ, transmit the writ to the Clerk of the House of Representatives.
2: The date endorsed on the writ under subsection (1)
3: The writ must be returned within the time specified in the writ for its return.
4: If any application for a recount of the votes for any constituency candidates has been made, the Chief Electoral Officer must postpone the return of the writ until the completion of every recount.
5: If, 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 Chief Electoral Officer that such an application may be made, the Chief Electoral Officer may postpone the return of the writ until that expiry.
6: Subsections (4) and (5) subsections (1) to (3)
186: Chief Electoral Officer may correct writ
1: If the Chief Electoral Officer is satisfied that the name of a member elected to represent an electoral district is not correctly recorded on the writ, the Chief Electoral Officer, before or after complying with the requirements of section 185(1)
2: The Chief Electoral Officer may not make a correction under subsection (1)
3: If the Chief Electoral Officer makes a correction under subsection (1) section 185(1)
a: the Chief Electoral Officer must forward to the Clerk of the House of Representatives a copy of the writ as corrected; and
b: that copy is to be treated for all purposes as the copy forwarded to the Clerk of the House of Representatives under section 185(1)
74: Disposal of ballot papers, rolls, etc
Section 187 subsection (1)
1: As soon as practicable after giving the Chief Electoral Officer the information specified in section 179(1)
1A: As soon as practicable after complying with the requirements of subsection (1)
a: enclose 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:
i: used ballot papers, including the special voters' ballot papers:
ii: counterfoils of issued ballot papers and counterfoils of unused ballot papers:
iii: spoilt ballot papers:
iv: ballot papers set aside under section 171 or section 177
b: enclose or cause to be enclosed in 1 or more packets the following materials:
i: ballot paper accounts:
ii: copies of rolls (except the master roll):
iii: books or other papers provided for by this Act:
iv: all letters and other papers received from any manager of a polling place or issuing officer about special votes; and
c: ensure 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
d: sign the endorsement on each packet; and
e: ensure that every packet is sent to the Clerk of the House of Representatives without delay.
75: New
section 189 The principal Act is amended by repealing section 189
189: Disposal of packets
1: The 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.
2: At 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 the Chief Electoral Officer.
3: Despite subsection (2)
76: Selection of candidates
Section 193(5)(a) names full
77: New
section 193A The principal Act is amended by inserting, after section 193
193A: Chief Electoral Officer may correct list of members elected
1: If the Chief Electoral Officer 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)
a: the Chief Electoral Officer may forward to the Clerk of the House a further return that correctly records the member's name; and
b: that further return—
i: is to be treated for the purposes of section 54(2)(a)
ii: is to be treated for all purposes as the return forwarded to the Clerk of the House under section 193(5)(b)
2: The Chief Electoral Officer may not forward a further return to the Clerk of the House under subsection (1)(a)
78: New
section 194 The principal Act is amended by repealing section 194
194: Manager of polling place to maintain order
1: Every 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,—
a: cause 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
b: cause 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.
2: All constables must aid and assist the manager of the polling place in the performance of his or her duty.
79: New
sections 196 196A The principal Act is amended by repealing section 196
196: Obligation of persons in possession of ballot papers
1: Every person who is, other than for the purpose of recording his or her vote, in possession of 1 or more ballot papers must—
a: take all reasonable steps to ensure the safe custody of the ballot papers; and
b: deal with the ballot papers in accordance with—
i: any applicable provisions of this Act or regulations made under this Act; and
ii: in the case of an electoral official or a polling place official, any applicable directions given under section 20A or section 158A
iii: in 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.
2: Subsection (1)
3: Whenever ballot papers are delivered to a Returning Officer by or on behalf of the printer who has printed the ballot papers,—
a: the Returning Officer must give or send the printer a receipt specifying the total number of ballot papers received by the Returning Officer; and
b: the printer must see that all copies of ballot papers other than those delivered to the Returning Officer are immediately destroyed.
4: Every person commits an offence and is liable on summary conviction to a fine of $2,000 who fails to comply with a requirement imposed on the person by this section.
196A: Unlawful possession of ballot paper
1: Every person is liable on summary 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.
2: Every person commits an offence and is liable on summary conviction to a fine not exceeding $2,000 who retains any ballot paper in his or her possession after leaving a polling place.
80: Interfering with or influencing voters
Section 197 subsection (2)
2A: It is a defence to a prosecution for an offence against paragraph (g) of subsection (1)
a: the statement or material was placed on the web site before polling day; and
b: the 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
c: the 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.
81: New
section 199A The principal Act is amended by inserting, after section 199
199A: Publishing false statements to influence voters
Every person is guilty of a corrupt practice who, with the intention of influencing the vote of any elector, at any time on polling day before the close of the poll, or at any time on any of the 2 days immediately preceding polling day, publishes, distributes, broadcasts, or exhibits, or causes to be published, distributed, broadcast, or exhibited, in or in view of any public place a statement of fact that the person knows is false in a material particular.
82: Periods for claiming and paying expenses
Section 206
a: by omitting from paragraph (a) 30 days 20 working days
b: by omitting from paragraph (b) 60 days 40 working days
83: Procedure where claim disputed
Section 207(1)
a: by omitting the expression 60 days 40 working days
b: by omitting the expression 30 days 20 working days
84: Payments to be vouched by bill
Section 209 $20 $50
85: Return of election expenses
1: Section 210 subsections (1) (2)
1: Within 70 working days after polling day, every constituency candidate at the election must transmit to the Chief Electoral Officer a return setting out—
a: the constituency candidate's election expenses; and
b: the name and address of each person who made a constituency candidate donation to the constituency candidate and the amount of each such donation; and
c: if an anonymous constituency candidate donation is made to the constituency candidate, and the amount of that donation exceeds $1,000, the amount of each such donation.
2: Every return under subsection (1)
2: Section 210 Returning Officer subsections (3) (4) (7) (8) Chief Electoral Officer
3: Section 210(3) 21 days 15 working days
4: Section 210(9) election donation constituency candidate donation
86: New
section 210A The principal Act is amended by inserting, after section 210
210A: Time limit for prosecutions
1: A prosecution against a candidate for an offence against subsection (4) or subsection (5) of section 210 section 210
2: However, if the person to be charged has been reported by the High Court in its report on the trial of an election petition to have been proved guilty of an offence against subsection (4) or subsection (5) of section 210
a: the period specified in subsection (1)
b: 3 months after the date of the report.
3: This section applies whether the person is proceeded against summarily or on indictment.
87: New
section 211
1: The principal Act is amended by repealing sections 211 212
211: Return to be available for public inspection
1: The Chief Electoral Officer must keep every return received under section 210
2: During that period each return must be open for inspection by any person on payment of any charges that may be made under the Official Information Act 1982
3: The Chief Electoral Officer—
a: must, as soon as practicable after receiving a return for a district, send a copy of the return—
i: to the Returning Officer for the district; and
ii: to the Electoral Commission; and
b: may make copies of the returns publicly available by any means and for any time that the Chief Electoral Officer considers appropriate.
4: Each Returning Officer must keep the copy of the return received, under subsection (3)(a)(i)
a: the date on which the period of 6 months after that receipt expires:
b: the date on which the Returning Officer's employment expires.
5: During the relevant period under subsection (4) Official Information Act 1982
2: Section 76 Electoral Amendment Act (No 2) 1995
88: Maximum amount of election expenses
1: Section 213 subsection (1)
1: Subject to this section and to sections 214 and 214A election activity
a: which is carried out by the candidate or with the candidate's authority; and
b: which comprises—
i: advertising of any kind; or
ii: radio or television broadcasting; or
iii: publishing, issuing, distributing, or displaying addresses, notices, posters, pamphlets, handbills, billboards, and cards; and
c: which—
i: relates to the campaign for the return of the candidate in the candidate's capacity as a candidate for the district and not to the candidate—
A: in his or her capacity as a member of Parliament or as the holder of any other office; or
B: in any other capacity; or
ii: encourages or persuades or appears to encourage or persuade voters not to vote for a candidate or for a party registered under Part IV
iii: both; and
d: which takes place within the 3 months immediately preceding polling day election expenses
a: means expenses that are incurred by or on behalf of the candidate in respect of any election activity; and
b: includes expenses that are incurred by or on behalf of the candidate, before or after the 3 months immediately preceding polling day, in respect of any election activity; and
c: includes the reasonable market value of any materials applied in respect of any election activity which are given to the candidate or which are provided to the candidate free of charge or below reasonable market value; and
d: includes the cost of any printing or postage in respect of any election activity, whether or not the expenses in respect of the printing or postage are incurred by or on behalf of the candidate; but
e: does not include the cost of any of the following:
i: travel:
ii: the conduct of any survey or public opinion poll:
iii: the labour of any person which is provided to the candidate free of charge by that person:
iv: the replacement of any materials that, during their application in respect of an election activity, have been destroyed or rendered unusable by 1 or more persons (other than the candidate or any person acting on his or her behalf) or by the occurrence of an event beyond the control of the candidate and any person acting on his or her behalf.
2: Section 213(4) (a) to (d) (a) to (c)
89: Advertisements for party lists
Section 214A periodical, poster,
90: Maximum amount of parties' election expenses
1: Section 214B(1) paragraph (c)(ii) election activity
ii: encourages or persuades or appears to encourage or persuade voters not to vote for a party registered under Part IV
2: Section 214B(1) paragraph (e) election expenses
e: does not include the cost of any of the following:
i: travel:
ii: the conduct of any survey or public opinion poll:
iii: the labour of any person which is provided to the party free of charge by that person:
iv: the replacement of any materials that, during their application in respect of an election activity, have been destroyed or rendered unusable by 1 or more persons (other than a person acting on behalf of the party) or by the occurrence of an event beyond the control of any person acting on behalf of the party; and.
91: New
sections 214BA to 214BD The principal Act is amended by inserting, after section 214B
214BA: Periods for claiming and paying expenses
1: No claim against a party that is registered under Part IV section 193(5)
2: All election expenses incurred by or on behalf of a party that is registered under Part IV
3: Every person who makes any payment in breach of any of the provisions of this section is guilty of an illegal practice.
4: This section is subject to sections 214BB and 214BC
214BB: Procedure if claim disputed
1: If a party that is registered under Part IV section 214BA(2)
a: the claim is to be treated as a disputed claim; and
b: the claimant may, if he or she thinks fit, within 20 working days after the expiration of that period of 40 working days, bring an action for the disputed claim in any court of competent jurisdiction.
2: Any sum paid by the party in accordance with the judgment or order of the court in any such action is to be treated as paid within the time limited by this Act.
214BC: Leave to pay claim after time limited
1: On cause shown to the satisfaction of a District Court, the Court may, on application by the claimant or by the party that is registered under Part IV
2: Any sum specified in the order granting that leave may be paid by that registered party, and when so paid is to be treated as paid within the time limited by this Act.
214BD: Payments to be vouched by bill
Every payment made in respect of any election expenses of a party that is registered under Part IV
92: Return of election expenses
Section 214C subsections (1) (2)
1: Within 50 working days after the day on which the result of an election of candidates whose names appear on the party lists is declared by the Chief Electoral Officer in accordance with section 193(5) Part IV section 214E
2: Every secretary of a political party registered under Part IV subsection (1)
93: Appointment of auditors
Section 214D subsection (3)
2A: On the registration of a political party under section 67 section 63(2)(c)(v) subsection (1)
3: Where an auditor appointed or taken to have been appointed by a party under subsection (1) subsection (2)
94: Auditor's report
1: Section 214E subsection (2)
2: The auditor must state in the report—
a: the 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 214B
b: either—
i: whether, in the auditor's opinion, the position stated under paragraph (a)
ii: that the auditor has been unable to form an opinion as to whether the position stated under paragraph (a)
2: Section 214E(4) paragraph (a)
95: New
sections 214F to 214L The principal Act is amended by repealing sections 214F to 214L
214F: Interpretation
In sections 214G to 214J party donation Part IV
a: means a donation (whether of money or of the equivalent of money or of goods or services or of a combination of those things)—
i: which is received by or on behalf of the party by any person or body of persons involved in the administration of the affairs of the party; and
ii: which, either on its own or when aggregated with all other such donations made in the same year by the same person exceeds $10,000 in sum or value (inclusive of goods and services tax); and
b: includes, where goods or services are provided to the party under a contract at 90% or less of their reasonable market value, the amount of the difference between the contractual price of the goods or services and the reasonable market value of those goods or services; but
c: does not include the labour of any person which is provided to the party free of charge by that person; and
d: does not include any constituency candidate donation that is included in a return made by a constituency candidate under section 210 year
214G: Return of party donations
1: Every secretary of a political party registered under Part IV
a: a return (which must be on a form provided by the Electoral Commission) setting out—
i: the name and address of each person who made a party donation in the year ending with the immediately preceding 31 December and the amount of each such donation; and
ii: the amount of each anonymous donation made in the year ending with the immediately preceding 31 December (being a donation that, by virtue of paragraph (a)(ii) section 214F
b: the auditor's report on the return referred to in paragraph (a) section 214H
2: Every secretary of a political party registered under Part IV
3: Every secretary of a political party registered under Part IV subsection (1) or subsection (2)
4: Every secretary of a political party registered under Part IV subsection (1)(a)
a: is, if the secretary forwards the return knowing that the return is false in any material particular, guilty of a corrupt practice and is liable on conviction on indictment to imprisonment for a term not exceeding 1 year or to a fine not exceeding $20,000, or to both; and
b: is, in any other case, guilty of an illegal practice and is liable on conviction on indictment to a fine not exceeding $20,000, unless the secretary proves—
i: that he or she had no intention to mis-state or conceal the facts; and
ii: that he or she took all reasonable steps in the circumstances to ensure that the information in the return was accurate.
5: Every person charged with an offence against subsection (4)(a) subsection (4)(b)
6: Despite anything in subsection (1) Part IV Part IV
214H: Auditor's report
1: Every secretary of a political party registered under Part IV section 214G(1)(a) section 214D
2: The auditor must state in the report whether or not, in the auditor's opinion, the return fairly reflects the party donations received by the party.
3: The auditor must make any examinations that the auditor considers necessary.
4: The auditor must specify in the report any case in which—
a: the return does not, in the auditor's opinion, fairly reflect the party donations received by the party:
b: the auditor has not received from the secretary of the party all the information that the auditor requires to carry out his or her duties:
c: proper records of party donations received by the party have not, in the auditor's opinion, been kept by the secretary of the party.
5: The auditor—
a: must have access at all reasonable times to all records, documents, and accounts which relate to the party donations received by the party and which are held by the secretary of the party; and
b: may require the secretary of the party to provide any information and explanations that, in the auditor's opinion, may be necessary to enable the auditor to prepare the report.
214I: Duties of Electoral Commission
1: It is the duty of the Electoral Commission to see that the provisions of section 214G(1)
2: If the Electoral Commission believes that any person has committed an offence against section 214G(3) or section 214G(4)
214J: Inspection of returns and audit reports
1: The Electoral Commission must, 3 working days after it receives any duly completed document specified in subsection (2)
2: The documents referred to in subsection (1)
a: returns of election expenses and auditors' reports received by the Electoral Commission under section 214C(1)
b: returns of constituency candidate election expenses received by the Electoral Commission under section 211(3)(a)(ii)
c: returns of party donations and auditors' reports received by the Electoral Commission under section 214G(1) General provisions relating to returns
214K: Obligation to file nil returns
To avoid any doubt, the requirement to ensure that the Commission receives a return under section 214C or section 214G(1)(a)
214L: Obligation to retain records necessary to verify returns
1: For the purposes of this section, the person responsible for submitting a return is as follows:
a: in the case of a return required by section 210
b: in the case of a return of a party's election expenses required by section 214C
c: in the case of a return required by section 214G
2: The person responsible for submitting a return of the kind specified in any of paragraphs (a) to (c) of subsection (1)
3: Every person commits an offence who, being a person responsible for submitting a return, fails, without reasonable excuse, to comply with the requirements of subsection (2)
4: Every person who commits an offence against subsection (3)
96: Punishment for corrupt or illegal practice
Section 224(2) 214I 214G
4: Other amendments to principal Act
97: New
section 263B The principal Act is amended by inserting, after section 263A
263B: Disclosure of personal information for enrolment purposes
1: The purpose of this section is to facilitate the disclosure of information described in subsection (2)
a: identifying persons who are qualified to apply to register as an elector but who have not yet registered; and
b: encouraging those persons identified to register as an elector; and
c: updating and ensuring the accuracy of the particulars of persons whose names are on the roll.
2: The information referred to in subsection (1)
a: the person's full name:
b: the person's date of birth:
c: the person's address of residence (if known):
d: the person's postal address (if known and if different from the address of residence in paragraph (c)
e: the person's preferred honorific (if known):
f: the date at which the information in paragraphs (a) to (e)
3: For the purposes of this section, a specified agency
a: the department for the time being responsible for the administration of the Social Security Act 1964
b: the Ministry of Transport; and
c: the Land Transport Safety Authority; and
d: the Department of Internal Affairs.
4: For 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 Chief Registrar, supply to the Chief Registrar any of the information described in subsection (2)
a: in the case of the department for the time being responsible for the administration of the Social Security Act 1964
i: beneficiary; or
ii: student; or
iii: borrower (as that term is defined in section 2 of the Student Loan Scheme Act 1992
b: in the case of the Ministry of Transport, in relation to motor vehicle registration:
c: in the case of the Land Transport Safety Authority, in relation to driver licences:
d: in the case of the Department of Internal Affairs, in relation to persons who obtain New Zealand citizenship under the Citizenship Act 1977
5: If, in relation to any person, information is supplied to the Chief Registrar under subsection (4)
98: Regulations
Section 267 paragraphs (b) (c)
b: prescribing fees, or a scale of fees, for the supply of computer-compiled lists and electronic storage media by the Chief Registrar to any person under section 114
c: prescribing criteria, in addition to those specified in section 111E(3)(a) to (d) section 111E
ca: defining iwi organisation other Maori organisation sections 111A to 111F
5: Miscellaneous provisions
99: Schedule 1 Schedule 1
14: Commission may state case for opinion of High Court
1: The 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.
2: The 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.
3: The 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.
100: Schedule 2
1: Schedule 2 form 1 1
2: Schedule 2 form 2
3: Schedule 2 form 3 1
4: Schedule 2 form 6 1
5: Schedule 2 form 7 Dated this day of 19. E.F., Speaker of the House of Representatives. Signed by Her Excellency, the Governor-General at place on date. CD, Minister of Justice
6: Schedule 2 forms 8 9
7: Schedule 2 form 14 Returning Officer Chief Electoral Officer
8: Schedule 2 forms 16 17
101: Consequential amendments and repeals
1: The principal Act is amended in the manner indicated in Schedule 2
2: The Citizens Initiated Referenda Act 1993 Schedule 3
3: The enactments in Schedule 4
4: Sections 26 36 39(1) 42 94 97 Electoral Amendment Act (No 2) 1995
5: The Referenda (Postal Voting) Act 2000 sections 94 95 102(1) 3
102: Consequential amendment to
Goods and Services Tax Act 1985
1: Section 5 Goods and Services Tax Act 1985 subsection (6C)
6C: For the purposes of this Act, the amount of any deposit specified in, and paid under, section 127A or section 144 or section 146F of the Electoral Act 1993 Electoral Act 1993 section 127A(3) or section 144(3) or section 146F(3) of that Act
6CA: For the purposes of this Act, the amount of any deposit referred to in, and paid under, section 55 of the Local Electoral Act 2001 section 59 of that Act
2: The following enactments are consequentially repealed:
a: section 3 of the Goods and Services Tax Amendment Act (No 3) 1988
b: paragraphs (c) and (d) of section 3(2) of the Goods and Services Tax Amendment Act 1995
c: so much of Schedule 2 Department of Justice (Restructuring) Act 1995 Goods and Services Tax Act 1985
d: so much of Schedule 3 Local Electoral Act 2001 Goods and Services Tax Act 1985
103: Transitional provision relating to pending applications for registration of political parties and party logos
1: If, on or after the commencement of section 13 section 14 section 63 63A section 13 section 14
2: If the Electoral Commission registers, after the commencement of section 13
104: Transitional provision relating to work of Representation Commission following 2001 census
To avoid any doubt, nothing in this Act affects the work of the Representation Commission in fixing, following the report in 2001 of the Government Statistician under section 35(6)