Education Amendment Act 2010

1: Title
This Act is the Education Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
3: Principal Act amended
This Part amends the Education Act 1989 2010-05-20 Education Act 1989
4: Interpretation
1: The definition of State school section 2(1) or a secondary school a secondary school, or a special school
2: Section 2
2: In this Part, and Parts 2 and 3, unless the context otherwise requires, a special school special class special clinic special service
5: Enrolment of foreign students
Section 4(1)(b) concerned; but concerned.
6: Special education
The compare note for section 9
7: Right of reconsideration
The compare note for section 10
8: How a school defines its home zone
Section 11E(2)(c) which that
9: Amendment of enrolment scheme
Section 11M(3) enrolment scheme, in order enrolment scheme in order
10: Obligation to report to Parliament on enrolment schemes
Section 11Q(1) sector which sector that
11: Long term exemptions from enrolment
The compare note for section 21
12: Effect of exemption
The compare note for section 23
13: Penalty for irregular attendance
Section 29(1) person who— person who,—
14: Fines to be paid to boards
Section 35 and shall then become part of the board fund
15: Registration and inspection of private schools
Section 35A
9: The Chief Review Officer must ensure that—
a: a school, while registered under this section, is reviewed in accordance with Part 28; and
b: the review officer who conducts a review—
i: prepares a written report on the review; and
ii: gives copies of it to the Secretary and the school's principal (or other chief executive) and managers.
16: Interpretation
1: Section 60 and Part 8 Part 7A, and Part 8
2: Paragraph (a) of the definition of board section 60 school means school, means
3: Section 60 domestic student domestic student
4: Section 60 foreign student foreign student
5: Section 60 Teachers Council unsupervised access to students
a: a registered teacher or holder of a limited authority to teach:
b: an employee of the school on whom a satisfactory Police vet has been conducted within the last 3 years:
c: a parent of the student
17: Length of school year
Section 65A(2) half days half-days
18: Terms
Section 65B(1) half days half-days
19: Exceptions in particular cases
Section 65D(3) and (5) half day half-day
20: Restrictions on acquisition of securities
Section 73(2)(c)(ii) Finance: or Finance; or
21: New sections 78C to 78CD substituted
Sections 78C to 78CB
78C: Police vetting of non-teaching and unregistered employees at schools
The board of a State school, or the management of a school registered under section 35A, must obtain a Police vet of every person—
a: whom the board or the management appoints, or intends to appoint, to a position at the school; and
b: who is to work at the school during normal school hours; and
c: who is not a registered teacher or holder of a limited authority to teach.
78CA: Police vetting of contractors and their employees who work at schools
1: The board of a State school, or the management of a school registered under section 35A, must obtain a Police vet of every contractor, or the employee of a contractor, who has, or is likely to have, unsupervised access to students at the school during normal school hours.
2: In this section, contractor
78CB: Police vet must be obtained before person has unsupervised access to students
1: A Police vet required under section 78C or 78CA
2: The board of a State school, or the management of a school registered under section 35A, that is required under section 78C
78CC: Further Police vets to be obtained under this Part every 3 years
1: The board of a State school, or the management of a school registered under section 35A, must obtain a further Police vet of every person on whom a Police vet has already been obtained under this Part by that board or management, as the case may be, and who still works at the school.
2: A further Police vet required under subsection (1)
3: The requirement for a further Police vet under this section does not apply to a person on whom a Police vet under section 78C or 78CA
78CD: Procedures relating to Police vets
The board of a State school, or the management of a school registered under section 35A, that applies for a Police vet of a person—
a: must ensure that strict confidentiality is observed for Police vets; and
b: must not take adverse action in relation to a person who is the subject of a Police vet until—
i: the person has validated the information contained in the vet; or
ii: the person has been given a reasonable opportunity to validate the information, but has failed to do so within a reasonable period.
22: Limited statutory manager
Section 78M
3A: A notice under subsection (3) appointing a person to be the limited statutory manager for the board may refer to the person appointed—
a: by his or her own name; and
b: as being of a named body corporate.
23: Dissolution of board and appointment of commissioner
Section 78N
4: A notice under subsection (2) or (3) appointing a commissioner for a school may refer to the person appointed—
a: by his or her own name; and
b: as being of a named body corporate.
24: Interpretation
1: The definition of board section 92(1) Part; and— Part; and,—
2: The definition of principal section 92(1) 94(c) 94(1)(c)
3: Paragraph (c) of the definition of special institution section 92(1) a hospital or a hospital
4: The definition of State school section 92(1) secondary school; and— secondary school; and,—
25: Boards of newly established schools
Section 98(1) members shall be— members are,—
26: Elections of trustees
1: Section 101(4)
a: in the case of a school that is not a correspondence school,—
i: on a date fixed by the board that is within the range of dates for those elections in that election year that is specified by the Minister by notice in the Gazette
ii: if the Minister has not, by notice in the Gazette
2: Section 101
4A: The notice referred to in subsection (4)(a)
3: Section 101(10) , and to section 101AB
27: New section 101AB inserted
The following section is inserted after section 101A
101AB: Election not to be held when school under notice of closure
Nothing in this Act requires or permits the board of any school or special institution to hold an election for a student representative or other elected trustee if the date for the election calculated in accordance with section 101 or 101A (as the case may be) is after the date of any notice in the Gazette
28: Term of office
Section 102(2) commissioner goes out of office commissioner's appointment ends
29: New section 110A inserted
The following section is inserted after section 110
110A: Minister may combine boards at establishment
1: A Minister may, by notice in the Gazette
2: The combined board is the board of a newly established school for the purposes of section 98.
30: Minister may split combined board
Section 112(3) subsection (4) of this section subsection (4) and section 112A
31: New section 112A inserted
The following section is inserted after section 112
112A: Splitting boards that were combined at establishment
1: A Minister who, under section 112(1), is splitting a board that was combined under section 110A section 110A
2: A board that is designated under subsection (1)
3: This section overrides section 112(3)(b) and (4)(a).
32: Applications for registration as teacher
The compare note for section 121
33: Full registration
The compare note for section 122
34: Teachers Council to keep register
The compare note for section 128
35: New section 128A inserted
The following section is inserted after section 128
128A: Matching of register information and information about payment of teacher salaries at payrolled schools
1: The purpose of this section is to facilitate the exchange of information between the Ministry and the Teachers Council for the purposes of enabling—
a: the Teachers Council, in regard to people employed in teaching positions, to identify—
i: the person's employer; and
ii: the person's registration status; and
b: the Ministry, in regard to regular teachers in receipt of salaries at payrolled schools, to identify their salary entitlement or eligibility, if any, for an allowance on the basis of their registration, if any.
2: For the purpose set out in subsection (1)(a)
a: require the Secretary to supply all or any of the following information in regard to all or any regular teachers in receipt of salaries at payrolled schools:
i: surname:
ii: first name:
iii: date of birth:
iv: gender:
v: address:
vi: the school at which the person is employed:
vii: payroll number:
viii: registration number; and
b: compare the information supplied under paragraph (a)
3: For the purpose set out in subsection (1)(b)
a: require the Teachers Council to supply all or any of the following information in regard to all or any people registered as teachers:
i: surname:
ii: first name:
iii: date of birth:
iv: gender:
v: address:
vi: the school at which the person is employed:
vii: registration number:
viii: registration expiry date:
ix: registration classification; and
b: compare the information supplied under paragraph (a)
4: In this section, Ministry payrolled school regular teacher school Secretary
36: Offences
The compare note for section 137
37: Functions of Teachers Council
Section 139AE(k) and other people employed in schools and early childhood services
38: Powers of Complaints Assessment Committee
Section 139AT(2)
c: refer the teacher concerned to an impairment process which may involve either or both of the following:
i: assessment of an impairment:
ii: assistance with an impairment:
39: Interim suspension to enable investigation
1: The heading to section 139AU to enable investigation until complaint of possible serious misconduct concluded
2: Section 139AU(1) chairperson of the Disciplinary Tribunal
3: Section 139AU
1A: The Complaints Assessment Committee may apply to the chairperson of the Disciplinary Tribunal for an interim suspension of a teacher's practising certificate or authority, if—
a: a complaint of possible serious misconduct about the teacher has been referred to the Complaints Assessment Committee under section 139AS; and
b: the alleged misconduct is the subject of an investigation by—
i: the New Zealand Police; or
ii: the teacher's employer.
4: Section 139AU
2: On an application under subsection (1) or (1A) for an interim suspension, the chairperson of the Disciplinary Tribunal may, either with or without a hearing, suspend the teacher's practising certificate or authority.
40: New section 139AUA inserted
The following section is inserted after section 139AU
139AUA: Duration of interim suspension
1: The duration of an interim suspension under section 139AU is initially until the earliest of the following occurs:
a: the expiry of a period, specified by the chairperson of the Disciplinary Tribunal, that is less than 3 months:
b: the expiry of a period of 3 months after the interim suspension commences:
c: any conditions specified by the chairperson of the Disciplinary Tribunal are met:
d: the interim suspension is otherwise lifted or revoked, for example, as the result of a review under subsection (2)
2: The chairperson of the Disciplinary Tribunal must review his or her initial interim suspension decision, if the teacher—
a: requests him or her to do so at any time during the initial interim period of suspension; and
b: provides a written explanation or statement in support of the request.
3: The Disciplinary Tribunal may renew an interim suspension under section 139AU for further successive periods of no more than 3 months each, if, at the end of the relevant period of interim suspension,—
a: the matter has not been concluded; and
b: the interim suspension has not been otherwise lifted or revoked, for example, as the result of an appeal against it under subsection (4)
4: A teacher whose practising certificate or authority is subject to an interim suspension under section 139AU that is renewed under subsection (3)
5: A hearing under subsection (4)
6: For the purposes of this section, a matter is concluded when the latest of the following occurs in relation to the complaint:
a: the Complaints Assessment Committee has carried out whatever action it decides to take under section 139AT(2)(a) to (d):
b: the Complaints Assessment Committee has carried out whatever action it decides to take under section 139AV(2)(a) to (d):
c: the Disciplinary Tribunal has carried out whatever action it decides to take under section 139AW(1)(a) to (i), if the Complaints Assessment Committee has referred the matter to the Disciplinary Tribunal under any of sections 139AT(3) or (4) or 139AV(3).
41: Investigation by Complaints Assessment Committee of reports of convictions
Section 139AV(2)
c: refer the teacher concerned to an impairment process which may involve either or both of the following:
i: assessment of an impairment:
ii: assistance with an impairment:
42: Complaints about competence
1: Section 139AZC(8) may— may do any of the following:
2: Section 139AZC(8)
b: refer the teacher to an impairment process which may involve either or both of the following:
i: assessment of an impairment:
ii: assistance with an impairment:
43: Teachers Council must co-ordinate Police vetting
1: Section 139AZD
1: The Teachers Council must establish a system for co-ordinating Police vetting, in relation to—
a: teacher registration and the issue of practising certificates; and
b: the granting of limited authorities to teach.
2: Section 139AZD(3)
3: Section 139AZD(4) purposes and for those requested by boards and managements purposes,
44: Interpretation
Section 159 New Zealand apprenticeship committee
45: Minister may dissolve council and appoint commissioner
Section 195D(7) is it it is
46: Transfer of Crown assets and liabilities to institutions
Section 206(10)
a: inserting , or under section 168 of the Resource Management Act 1991, the Town and Country Planning Act 1977
b: inserting , or in the Resource Management Act 1991, (as the case may be) the Town and Country Planning Act 1977
47: Provisions relating to transfer of land
Section 207(5)
f: sections 10 and 11 of the Crown Minerals Act 1991:
g: section 354 of the Resource Management Act 1991.
48: Annual report
Section 220(2A)(e)(ii) institution: institution; and
49: Disclosure of enrolment information by institutions
Section 226A(9) section 226A of the Education Act 1989 this section
50: Heading after section 229D repealed
The heading after section 229D
51: Export education levy
Section 238H(2)(d) provider; and provider.
52: Definitions
1: The definition of secondary school section 246
2: Section 246 relevant school
a: a secondary school (as that term is defined in section 2(1)); or
b: a composite school (as that term is defined in section 2(1)); or
c: a school that is registered under section 35A, but does not include any school registered under that section only as a primary school (as that term is defined in section 2(1)); or
d: a special school (as that term is defined in section 2(2)
53: Functions of Authority
1: Section 253(1)(a) secondary relevant
2: Section 253(1)(b)
a: omitting secondary relevant
b: omitting or private training establishment
3: Section 253(1)(c) secondary relevant
4: Section 253(1)(d) and private training establishments
5: Section 253(1)(e) , secondary schools, and private training establishments
6: Section 253(1)(f) , secondary schools, or private training establishments
7: Section 253
1A: In this section, institution
54: Power to obtain information
Section 255(1AA) secondary relevant
55: Compliance notices
Section 255A(1) secondary relevant
56: Approval of courses
Section 258(1A) secondary relevant
57: Conditions on course approvals
Section 258A
1AA: In this section, institution
58: Accreditation to provide approved courses
Section 259(1A) secondary relevant
59: Conditions on accreditation to provide approved courses
Section 259A
1AA: In this section, institution
60: Fees
Section 266(2) secondary relevant
61: Powers of Minister
Section 268(1) secondary relevant
62: Continuation of Board
Section 281(2)(b) members; and members.
63: New section 283C substituted
Section 283C
283C: Contents of statement of intent
In addition to the information required under section 141 of the Crown Entities Act 2004, every statement of intent must specify—
a: the services that the Board is to provide; and
b: the persons for whom or which the services are to be provided.
64: Recipients of allowances or student loans may be required to provide information
1: The heading to section 307 , and other persons, loans
2: Section 307(1) and sections 307AAA this section
3: Section 307(1) change in the recipient's circumstances
a: the recipient knows about; and
b: the recipient knows materially affects his or her entitlement to a statutory allowance or student loan, or a particular rate of statutory allowance or a particular amount of a student loan non-recipient
a: includes a person who is acting in his or her official capacity as an officer or employee of a department of State or public body; but
b: does not include a person acting in his or her capacity as an officer of a court
4: Section 307(5) person (whether or not a recipient) recipient or non-recipient
5: Section 307
6: A recipient must notify the Secretary, as soon as practicable, of any change in the recipient's circumstances that materially affects his or her entitlement at any time—
a: to a statutory allowance or student loan; or
b: to be paid a statutory allowance at a particular rate or a particular amount of a student loan.
65: New section 307AAA inserted
The following section is inserted after section 307
307AAA: Suspension or refusal for not providing information
1: The Secretary may do whichever of the following the case requires, if he or she is satisfied that a recipient or non-recipient has, without reasonable cause, failed or refused to comply with a requirement under section 307(3) or to comply with section 307(5) and, in the case of a recipient, that the recipient has been warned of the consequence of the failure or refusal and given the opportunity to show reasonable cause or answer the question:
a: suspend any statutory allowance held by the recipient, whether granted before or after the failure or refusal:
b: refuse to grant any statutory allowance, or refuse to advance any student loan, to the recipient, whether or not the recipient may appear to be entitled to be granted the allowance or advanced the loan.
2: Despite subsection (1) subsection (1)
3: Payments must not be made under a statutory allowance while it is suspended under subsection (1).
66: Offences concerning allowances
1: Section 307AA(1) (4) (5)
2: Section 307AA
2: A recipient or non-recipient commits an offence against this Act and is liable on summary conviction to a fine not exceeding $2,000 who refuses to comply with section 307(5).
2A: A recipient commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding $5,000 if he or she, for the purpose of receiving or continuing to receive a statutory allowance or student loan, or a statutory allowance at a particular rate or any amount of a student loan, other than that to which he or she is entitled,—
a: knowingly makes a false or misleading statement in an application for a statutory allowance or student loan; or
b: knowingly makes a false or misleading statement in a notification of a change in the recipient's circumstances that materially affects his or her entitlement at any time—
i: to a statutory allowance or student loan; or
ii: to be paid a statutory allowance at a particular rate or a particular amount of a student loan; or
c: wilfully fails to comply with section 307(6)
67: Use of student allowance information for purposes of Social Security Act 1964
Section 307A(2)(e) information, about information about
68: Interpretation
1: Section 309 hospital-based education and care service hospital-based education and care service
2: Section 309 playgroup playgroup
a: no child attends for more than 4 hours on any day; and
b: more than half the children attending on any occasion have a parent or caregiver present in the same play area at the same time; and
c: the total number of children attending on any occasion is not greater than 4 times the number of parents and caregivers present in the same play area at the same time
3: Section 309 unsupervised access to children
a: a registered teacher or holder of a limited authority to teach:
b: an employee of the service on whom a satisfactory Police vet has been conducted within the last 3 years:
c: a parent of the child
69: New sections 319D to 319FE substituted
Sections 319D to 319F
319D: Police vetting of non-teaching and unregistered employees at licensed early childhood services
The service provider of a licensed early childhood service must obtain a Police vet of every person—
a: whom the service provider appoints, or intends to appoint, to a position at the early childhood service; and
b: who is to work at the service during normal opening hours; and
c: who is not a registered teacher or holder of a limited authority to teach.
319E: Police vetting of contractors and their employees who work at licensed early childhood services
1: The service provider of a licensed early childhood service must obtain a Police vet of every contractor, or the employee of a contractor, who has, or is likely to have, unsupervised access to children at the service during normal opening hours.
2: In this section, contractor
319F: Police vet must be obtained before person has unsupervised access to children
1: A Police vet required under section 319D or 319E
2: The service provider of a licensed early childhood service that is required under section 319D
319FA: Procedures relating to Police vets under section 319D or 319E
The service provider of a licensed early childhood service that applies for a Police vet of a person under section 319D or 319E
a: must ensure that strict confidentiality is observed for Police vets; and
b: must not take adverse action in relation to a person who is the subject of a Police vet until—
i: the person has validated the information contained in the vet; or
ii: the person has been given a reasonable opportunity to validate the information, but has failed to do so within a reasonable period. Police vetting of household members for home-based services
319FB: Police vetting of adult members of household where licensed home-based education and care service provided
1: The service provider of a licensed home-based education and care service must obtain a Police vet of every adult who lives in a home—
a: where the service is being provided; but
b: that is not the home of every child to whom the service is being provided.
2: In this section, adult
319FC: When Police vet under section 319FB must be obtained
A Police vet required under section 319FB
319FD: Procedures relating to Police vets under section 319FB
The service provider of a licensed home-based education and care service that applies for a Police vet of a person under section 319FB
a: must ensure that strict confidentiality is observed for Police vets; and
b: must not take adverse action in relation to the person providing the education or care until the person who is the subject of the Police vet has—
i: validated the information contained in the vet; or
ii: been given a reasonable opportunity to validate the information, but has failed to do so within a reasonable period. Service provider to obtain further Police vets under this Part every 3 years
319FE: Further Police vets to be obtained every 3 years
1: The service provider of a licensed early childhood service must obtain a further Police vet of every person—
a: on whom a Police vet has already been obtained under this Part by that service provider; and
b: who still works at the service, or lives in the home, as the case may be.
2: A further Police vet required under subsection (1)
3: The requirement for a further Police vet under this section does not apply to a person on whom a Police vet under section 319D or 319E
70: Powers of review officers for purposes of sections 328A to 328D
Section 328C(2) dwelling house dwellinghouse
71: Schedule 5A amended
1: The Schedule 5A s 5 s 65H
2: The item relating to section 119 in Schedule 5A ss 84–84B sections 84 to 84B
72: Schedule 6 amended
Clause 8
3: When a casual vacancy occurs, the person for the time being appointed under clause 7 or, where there is no such person, the principal must fix a place for a meeting of the board to deal with the vacancy, and a time for the meeting that is—
a: within 28 days of the vacancy occurring, if it occurs during any period of 6 months commencing on 1 October in a year before an election year; or
b: within 8 weeks of the vacancy occurring, if it occurs at any other time.
73: Schedule 10 amended
1: The item relating to the Education Lands Act 1949 in Schedule 10 (RS Vol 6, p 237) (1949 No 24)
2: The item relating to the Local Government Official Information and Meetings Act 1987 in Schedule 10 (1987 No 174) 1987
3: The item relating to the Official Information Act 1982 in Schedule 10 (1982 No 156) 1982
4: The item relating to the Ombudsmen Act 1975 in Schedule 10 (1975 No 9) 1975
5: The item relating to the State Sector Act 1988 in Schedule 10 (1988 No 20) 1988
74: Schedule 13A amended
1: The Schedule 13A s 6 s 203
2: The item relating to section 119 in Schedule 13A ss 84–84B sections 84 to 84B
3: The item relating to section 154 in Schedule 13A
a: omitting s 220(2)–(2B) section 220(2) to (2B)
b: omitting Sch 6 Schedule 6
2: Transitional provision, validations, and consequential amendments
Transitional provision in relation to Police vetting
75: Transitional provision in relation to Police vetting
Despite sections 78C 78CA 319D 319E sections 21 69 section 319FB section 69 section 35A
a: a Police vet is required under section 78C 78CA 319D 319E section 319FB
b: no Police vet has been obtained within a period of 3 years immediately before the commencement of this Act, by—
i: that board, management, or service provider; or
ii: the New Zealand Teachers Council, at the request of that board, management, or service provider. Validations
76: Validation in respect of Part 20
The validity of any action of the Authority must be determined as if at all material times—
a: section 246
i: contained the definition of relevant school section 52
ii: did not contain the definition of secondary school section 52
b: every other reference in Part 20 secondary school relevant school section 246 section 52
77: Validation in respect of change of proprietor of integrated school
Section 77 repealed 19 May 2017 section 161(1) Education (Update) Amendment Act 2017 Consequential amendments to Privacy Act 1993
78: Consequential amendments to Privacy Act 1993
1: This section amends the Privacy Act 1993
2: The definition of specified agency section 97
l: the New Zealand Teachers Council established under Part 10A of the Education Act 1989.
3: The item relating to the Education Act 1989 in Schedule 3 128A Sections 2010-05-20 Privacy Act 1993


1: Title
This Act is the Electoral (Administration) Amendment Act 2010.
2: Commencement
1: The following provisions come into force on 1 October 2010:
a: the provisions in subpart 2
b: the provisions in subpart 2
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Electoral Act 1993 2010-05-22 Electoral Act 1993 2010-10-01 Electoral Act 1993
1: Amendments to principal Act
1: Amendments coming into force on day after Royal assent
4: New sections 4B to 4J inserted
The following sections are inserted after section 4A
4B: Electoral Commission
1: This section establishes the Electoral Commission.
2: The Electoral Commission is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
3: The Crown Entities Act 2004 applies to the Electoral Commission except to the extent that this Act expressly provides otherwise.
4: The Electoral Commission established by subsection (1)
4C: Objective
The objective of the Electoral Commission established by section 4B
a: facilitates participation in parliamentary democracy; and
b: promotes understanding of the electoral system and associated matters; and
c: maintains confidence in the administration of the electoral system.
4D: Membership of Electoral Commission
1: The Governor-General, on the recommendation of the House of Representatives, must appoint 3 members of the Electoral Commission established by section 4B
a: 1 member as the Chief Electoral Officer; and
b: 1 member as the chairperson; and
c: 1 member as the deputy chairperson.
2: The member appointed as the Chief Electoral Officer under subsection (1)(a)
3: The members of the Electoral Commission are the board for the purposes of the Crown Entities Act 2004.
4: Subsection (1)
a: section 28(1)(b) of the Crown Entities Act 2004; and
b: clause 1(2) of Schedule 5 of the Crown Entities Act 2004.
4E: Appointment of Judge as member not to affect tenure, etc
The appointment of a Judge as a member of the board of the Electoral Commission established by section 4B
4F: Resignation of member
1: A member of the Electoral Commission established by section 4B
2: The resignation is effective when the Governor-General receives the notice or at any later time specified in the notice.
3: This section applies despite section 44 of the Crown Entities Act 2004. 1988 No 2 s 5C
4G: Power to remove or suspend members
1: Section 42 of the Crown Entities Act 2004 applies to any member of the Electoral Commission established by section 4B
2: Section 39(1) of the Crown Entities Act 2004 does not apply to any member.
3: Instead, any member who is not a Judge may be removed for just cause by the Governor-General acting upon an address from the House of Representatives.
4: Just cause 1988 No 2 s 6
4H: Filling of vacancy
1: If a vacancy occurs in the membership of the Electoral Commission established by section 4B
2: Despite subsection (1)
3: An appointment made under subsection (2) 1988 No 2 s 7
4I: Deputy Electoral Commissioners
1: The Electoral Commission established by section 4B
2: The persons described in section 30(2) of the Crown Entities Act 2004 are disqualified from being appointed as Deputy Electoral Commissioners.
3: The notice of appointment must—
a: state the date on which the appointment takes effect, which must not be earlier than the date on which the notice is received; and
b: state the term of the appointment; and
c: be published by the Electoral Commission in the Gazette
4: If an Electoral Commissioner becomes incapable of performing his or her functions or duties or exercising his or her powers by reason of illness, absence, or other sufficient cause, the functions, duties, and powers of that Electoral Commissioner may be performed and exercised by his or her deputy.
5: Despite subsection (4)
a: must not act as chairperson or deputy chairperson of the board of the Electoral Commission; and
b: is not eligible to be appointed by the board of the Electoral Commission as a temporary deputy chairperson under clause 5 of Schedule 5 of the Crown Entities Act 2004.
6: The Electoral Commission may, at any time, revoke the appointment of any deputy.
7: A Deputy Electoral Commissioner is a public servant for the purposes of sections 28(2)(f) and 80(3)(a)(i).
8: In subsection (1) electoral official section 4B
4J: Proceedings of Electoral Commission
The provisions of Schedule 1 apply to the Electoral Commission established by section 4B
2: Amendments coming into force on 1 October 2010
5: Interpretation
1: Section 3(1) Electoral Commission Electoral Commission section 4B .
2: Section 3(1) Electoral Commissioner Commissioner Electoral Commissioner Commissioner .
3: Section 3(1) electoral official electoral official .
4: Paragraph (b)(iii) of the definition of public servant section 3(1) ; but ; and
5: The definition of public servant section 3(1)
ba: includes an electoral official; but
bb: does not include an electoral official who has been appointed as a Deputy Electoral Commissioner or Returning Officer; and .
6: Sections 4 and 4A repealed
Sections 4 4A
7: New sections 5 to 9 substituted
Sections 5 to 9
5: Functions
The functions of the Electoral Commission are to—
a: carry the provisions of this Act (except those of Part 5) into effect:
b: carry out duties in relation to parliamentary election programmes that are prescribed by Part 6 of the Broadcasting Act 1989:
c: promote public awareness of electoral matters by means of the conduct of education and information programmes or by other means:
d: consider and report to the Minister or to the House of Representatives on electoral matters referred to the Electoral Commission by the Minister or the House of Representatives:
e: make available information to assist parties, candidates, and others to meet their statutory obligations in respect of electoral matters administered by the Electoral Commission:
f: carry out any other functions or duties conferred on the Electoral Commission by or under any other enactment.
6: Powers of Electoral Commission
1: The Electoral Commission may, if it considers that it is necessary for the proper discharge of its functions,—
a: initiate, sponsor, and carry out any studies or research:
b: make any inquiries:
c: consult with any persons or classes of persons:
d: publicise, in any manner that it thinks fit, any parts of its work:
e: provide information and advice on any matter—
i: to the Minister for the Minister's consideration:
ii: to the Minister for tabling in the House of Representatives:
f: request advice, assistance, and information from any government department or any State enterprise as defined in section 2 of the State-Owned Enterprises Act 1986.
2: Subsection (1)
3: If the Electoral Commission provides any information or advice to the Minister under subsection (1)(e)(ii)
7: Independence
The Electoral Commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—
a: this Act; and
b: any other enactment that expressly provides for the functions, duties, or powers of the Electoral Commission (other than the Crown Entities Act 2004).
8: Electoral Commission must report on general election
1: The Electoral Commission must, within 6 months of the return of the writ after a general election, report in writing to the Minister on the administration of that election, including—
a: the services provided to electors to facilitate voting; and
b: enrolment and voting statistics; and
c: any substantive issue arising during the course of the election; and
d: any changes that are necessary or desirable in respect of—
i: administration processes or practices; or
ii: this Act or any other law; and
e: any matter that the Minister of Justice asks the Electoral Commission to address; and
f: any other matter that the Electoral Commission considers relevant.
2: The Minister must present any report received under subsection (1)
3: The Electoral Commission must publish any report made under subsection (1)
9: Electoral Commission may delegate functions, duties, or powers to non-employees
In addition to the persons listed in section 73(1) of the Crown Entities Act 2004, the Electoral Commission may delegate any of its functions, duties, or powers, either generally or specifically, to any electoral official who is engaged by (rather than employed by) the Electoral Commission.
8: Sections 11A, 11B, 14, and 18 to 20 repealed
Sections 11A 11B 14 18 to 20
9: New sections 20C to 20CC substituted
Section 20C
20C: Returning Officers may delegate functions, duties, or powers
A Returning Officer may delegate any of his or her functions, duties, or powers, except this power of delegation, to another electoral official.
20CA: Powers of delegate
1: An electoral official to whom any functions, duties, or powers of a Returning Officer are delegated may, unless the delegation provides otherwise, perform the function or duty or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the electoral official were the Returning Officer.
2: An electoral official who purports to perform a function or duty or exercise a power under a delegation from a Returning Officer is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation. 2004 No 115 s 74
20CB: Effect of delegation on Returning Officer
No delegation under section 20C
a: affects or prevents the performance of any function or duty or the exercise of any power by the Returning Officer; or
b: affects the responsibility of the Returning Officer for the actions of any electoral official acting under the delegation; or
c: is affected by any change in the person appointed as Returning Officer. 2004 No 115 s 75
20CC: Revocation of delegations
A delegation under section 20C
a: the Returning Officer by written notice to the electoral official; or
b: any other method provided for in the delegation. 2004 No 115 s 76 .
10: Section 24 repealed
Section 24
11: New section 47A inserted
The following section is inserted after section 47
47A: Certain persons disqualified from candidacy
The following persons are not qualified to be a candidate or to be elected as a member of Parliament:
a: an Electoral Commissioner:
b: a Deputy Electoral Commissioner:
c: a Returning Officer.
12: Offence for public servant to sit
1: The heading to section 48 or Returning Officer public servant
2: Section 48 or having been appointed as a Returning Officer having become a public servant
13: How vacancies created
Section 55(1)
ea: if he or she is appointed as a Returning Officer; or .
14: Other amendments to principal Act
The principal Act is amended in the manner set out in Schedule 1
2: Consequential amendments and transitional provisions
15: Interpretation
In this Part, unless the context requires otherwise,— existing Chief Electoral Officer section 18 existing Electoral Commission section 4 new Electoral Commission section 4B section 4 previous employer transferred employee
a: immediately before 1 October 2010, was employed by the Ministry of Justice or the existing Electoral Commission; and
b: is transferred to the new Electoral Commission under section 20 23
1: Provisions coming into force on day after Royal assent
16: New Electoral Commission may perform certain functions before 1 October 2010
Until the close of 30 September 2010, the new Electoral Commission may perform only those functions that are necessary or desirable to bring, or in connection with bringing, the principal Act
17: Statement of intent
The existing Electoral Commission is not required to produce a statement of intent for the financial year commencing 1 July 2010.
18: References to Electoral Commission
1: Until the close of 30 September 2010, any reference to the Electoral Commission—
a: in sections 4B to 4J section 4B
b: in the following enactments must be read as a reference to both the Electoral Commission established by section 4 section 4B
i: Schedule 1
ii: Part 2
iii: Schedule 4
c: in any other enactment must be read as a reference to the Electoral Commission established by section 4
2: On and from 1 October 2010, any reference to the Electoral Commission in any enactment must be read as a reference to the Electoral Commission established by section 4B
19: Assets and liabilities of existing Electoral Commission
On 1 October 2010, all assets, records, liabilities, and debts of the existing Electoral Commission vest in the new Electoral Commission.
20: Employees of existing Electoral Commission
1: On 1 October 2010, all employees of the existing Electoral Commission are transferred to the new Electoral Commission.
2: Subsection (1) does not apply to any employee who does not consent to being transferred.
21: References to Chief Electoral Officer
1: Until the close of 30 September 2010, any reference to the Chief Electoral Officer, other than a reference in section 4D section 18
2: On and from 1 October 2010,—
a: the references to the Chief Electoral Officer in sections 28(2)(c) 33(4) section 4D(1)(a)
b: any other reference to the Chief Electoral Officer in any enactment must be read as a reference to the Electoral Commission established by section 4B
22: Assets and liabilities of Chief Electoral Office
1: The Secretary for Justice must identify all assets, records, liabilities, and debts of the Ministry of Justice that, immediately before 1 October 2010, are assets, records, liabilities, and debts used or incurred by the Chief Electoral Office of the Ministry of Justice.
2: On 1 October 2010, the assets, records, liabilities, and debts identified by the Secretary for Justice under subsection (1) vest in the new Electoral Commission.
23: Employees of Ministry of Justice
1: The Secretary for Justice must identify all permanent employees of the Ministry of Justice who, immediately before 1 October 2010, are appointed to positions within the Chief Electoral Office of the Ministry of Justice.
2: On 1 October 2010, the employees identified by the Secretary for Justice under subsection (1) are transferred to the new Electoral Commission.
3: Subsection (2) does not apply to—
a: the existing Chief Electoral Officer; or
b: any person appointed as Deputy Chief Electoral Officer under section 19
c: any employee who does not consent to being transferred.
24: Terms and conditions of transferred employees
1: The employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to the employee immediately before 1 October 2010.
2: Subsection (1)—
a: continues to apply to the terms and conditions of employment of a transferred employee until those terms and conditions are varied by agreement between the transferred employee and the new Electoral Commission; but
b: does not apply to a transferred employee who receives any subsequent appointment with the new Electoral Commission.
25: Continuity of employment
1: Every transferred employee becomes an employee of the new Electoral Commission on 1 October 2010.
2: However, for the purposes of this Act and every enactment, law, determination, contract, and agreement relating to the employment of the transferred employee,—
a: the contract of employment of that employee is deemed to have been unbroken; and
b: that employee's period of service with his or her previous employer, and every other period of service of that employee that is recognised as continuous service by his or her previous employer, is deemed to have been a period of service with the new Electoral Commission.
26: Restriction of compensation for technical redundancy
1: An employee of the existing Electoral Commission or the Ministry of Justice is not entitled to receive any payment or other benefit from the existing Electoral Commission or the Ministry of Justice on the ground that his or her position with that employer has ceased to exist if—
a: the position ceases to exist as a result of amendments made by this Act; and
b: in connection with the transfer of employees under this Act,—
i: the transfer of the employee would result in substantially equivalent employment in the new Electoral Commission (whether or not the employee consents to the transfer); or
ii: the employee consents to a transfer that will result in other employment in the new Electoral Commission.
2: Substantially equivalent employment
a: in substantially the same position; and
b: on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and
c: on terms that treat the period of service with the previous employer (and any other service recognised by the previous employer as continuous service) as if it were continuous service with the new Electoral Commission.
27: Consequential amendments
The principal Act is amended in the manner set out in Part 1
2: Provisions coming into force on 1 October 2010
28: Existing Electoral Commission disestablished
1: The existing Electoral Commission is disestablished.
2: Any member of the existing Electoral Commission holding office under section 8(1)(a) or (b) section 7
3: Any appointment of a member of the existing Electoral Commission made under section 8(1)(c) or (d) section 7
4: Any appointment of a deputy of a member of the existing Electoral Commission made under section 11A(2) section 8
29: Appointment of existing Chief Electoral Officer revoked
The appointment of the existing Chief Electoral Officer is revoked.
30: Enforcement of existing rights
1: This section applies to—
a: any matter or thing commenced under any enactment by the existing Electoral Commission or the existing Chief Electoral Officer and not completed by 1 October 2010; and
b: any proceedings commenced by or against the existing Electoral Commission, or by or against the Crown in respect of any act or omission of the existing Chief Electoral Officer, relating to an existing right, interest, title, immunity, or duty and not completed by 1 October 2010.
2: Any matter, thing, or proceedings to which this section applies may be continued, completed, or enforced by or against the new Electoral Commission.
31: Responsibility for reports and accounts of existing Electoral Commission from 1 July 2010
1: The new Electoral Commission must include in its annual report for the year ending 30 June 2011 the information in respect of the existing Electoral Commission for the period commencing 1 July 2010 and ending on 30 September 2010 that the existing Electoral Commission would have had to include in its annual report under section 151
2: To avoid doubt, the new Electoral Commission may, if it so decides, present the information referred to in subsection (1) in a combined form for the whole of the financial year ended 30 June 2011.
3: For the purposes of subsection (1), section 45J(1)
32: Consequential amendments
1: The provisions specified in the following Parts of the schedules of this Act are amended by omitting Chief Electoral Officer Electoral Commission
a: in respect of the principal Act, Part 2
b: in respect of other Acts, Part 1
c: in respect of regulations, Part 1
2: The provisions specified in the following Parts of the schedules of this Act are amended in the manner set out in those Parts:
a: in respect of the principal Act, Part 3
b: in respect of other Acts, Part 2
c: in respect of regulations, Part 2 2010-10-01 Citizens Initiated Referenda Act 1993 Parliamentary Service Act 2000 Broadcasting Act 1989 Local Restoration Polls Act 1990 Referenda (Postal Voting) Act 2000 Citizens Initiated Referenda Regulations 1995 Court of Appeal (List Election Petitions) Rules 1998 Electoral Regulations 1996 Constituency Election Petition Rules 2008 Court of Appeal (List Election Petitions) Rules 1998