An Act to reform the electoral system and to provide, in particular, if the proposal for the introduction of the mixed member proportional system is carried at the referendum held under the Electoral Referendum Act 1993,—
for the introduction of the mixed member proportional system of representation in relation to the House of Representatives:
for the establishment of an Electoral Commission:
for the repeal of the Electoral Act 1956
1. Short Title
This Act may be cited as the Electoral Act 1993.
2. Commencement
If the Chief Electoral Officer makes, in accordance with section 19(5) of the Electoral Referendum Act 1993, a declaration that the proposal favouring the introduction of the proposed mixed member proportional system as provided in this Act is carried, Part 4 and Parts 6 to 9 and Schedules 2 and 3 shall, except as provided in subsection (2), come into force on 1 July 1994.
If the Chief Electoral Officer makes, in accordance with section 19(5) of the Electoral Referendum Act 1993, a declaration that the proposal favouring the introduction of the proposed mixed member proportional system as provided in this Act is carried, section 3 and Parts 1, 2, 3, and 5 and sections 267, 269, and 270 and Schedule 1 shall come into force on the day after the date on which that declaration is published in the Gazette.
If the Chief Electoral Officer makes, in accordance with section 19(5) of the Electoral Referendum Act 1993, a declaration that the proposal favouring the introduction of the proposed mixed member proportional system as provided in this Act is not carried,—
section 3 and Parts 1 to 9 and Schedules 1, 2, and 3 shall not come into force; and
on 1 July 1994, this Act shall be deemed to be repealed.
Except as provided in subsections (1) to (3), this Act shall come into force on the day on which it receives the Royal assent.
3. Interpretation
In this Act, unless the context otherwise requires,—
adult— approved electronic medium, in relation to the making of an application or the providing of any information, means an electronic medium approved by the Electoral Commission for the making of that application or the providing of that information
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bribery has the meaning assigned to that term by section 216 by-election means any election other than a general election
candidate,—
means a constituency candidate; and
includes a list candidate (other than in Parts 6AA and 6A); and
in the definition of candidate advertisement and in section 3A and Parts 6AA, 6A, 7, and 8 includes a person who has declared his or her intention of becoming a constituency candidate; and
in Parts 7 and 8 includes a person who has declared his or her intention of becoming a list candidate
candidate advertisement means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to do either or both of the following:
to vote for a constituency candidate (whether or not the name of the candidate is stated):
not to vote for a constituency candidate (whether or not the name of the candidate is stated)
census means the census of population and dwellings carried out by the Department of Statistics pursuant to the Statistics Act 1975
Chief Electoral Officer means the Chief Electoral Officer appointed under this Act; and includes any person authorised to exercise the powers, duties, and functions of the Chief Electoral Officer
component party means, in relation to a registered political party (in this definition called the registered party) or in relation to a political party that is applying for registration (in this definition called the applicant party),—
a political party that is a member of the registered party or of the applicant party; or
a political party that has combined some or all of its membership with that of another political party and thereby formed the registered party or the applicant party or augmented the membership of such a party, as the case may be
constituency candidate means a person who has been nominated as a candidate for a seat in the House of Representatives representing an electoral district
corrupt practice means any act declared by this Act to be a corrupt practice
Corrupt Practices List, in relation to any district, means the Corrupt Practices List made out for that district under section 100
costs includes charges and expenses
Crown means Her Majesty in respect of the Government of New Zealand
current financial member, in relation to a political party, means a member of the party—
whose membership of the party resulted from an application made by the member to join the party; and
who is, under the party’s rules, subject to an obligation to pay to the party a membership fee—
on becoming a member; and
then at specified intervals of not more than 3 years; and
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
district or electoral district or electorate means a General electoral district or a Maori electoral district constituted under this Act
election means an election of a member of the House of Representatives
election advertisement has the meaning given to it by section 3A
election expenses,—
in relation to a constituency candidate, has the meaning given to it by section 205:
in relation to a party that is registered under Part 4, has the meaning given to it by section 206
elector, in relation to any district, means a person registered, or qualified to be registered, as an elector of that district
Electoral Commission means the Electoral Commission established by section 4B
Electoral Commissioner or Commissioner means a member of the Electoral Commission
electoral official means any person that the Electoral Commission employs or engages for the purpose of assisting with the performance of its functions
electoral roll, in relation to any district, means, subject to sections 101 to 103, the forms of application for registration kept by the Registrar of persons registered as electors of that district (including a form returned following an inquiry under section 89D)
eligible political party means a political party that has at least 500 current financial members who are eligible to enrol as electors
enduring power of attorney means a power of attorney described in section 95 of the Protection of Personal and Property Rights Act 1988
general election means an election that takes place after the dissolution or expiration of Parliament
General electoral district means an electoral district other than a Maori electoral district
General electoral population means total ordinarily resident population as shown in the last periodical census of population and dwellings with the exception of the Maori electoral population
Government means the Government of New Zealand
hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001
illegal practice means any act declared by this Act to be an illegal practice
issuing officer, in relation to a polling place, means the manager of the polling place or a person authorised, under section 158(3)(a), to issue ballot papers in the polling place
list candidate means any person whose name is specified in a party list submitted to the Electoral Commission under section 127
main roll, in relation to any district, means, subject to section 107, the main roll printed for the district and for the time being in force
manager, in relation to a polling place, means the person designated, under section 158(2), as the manager of the polling place
Maori means a person of the Maori race of New Zealand; and includes any descendant of such a person
Maori electoral district means an electoral district constituted under section 45
Maori electoral population means a figure representing both the persons registered as electors of the Maori electoral districts and a proportion of the persons of New Zealand Maori descent who are not registered as electors of any electoral district and a proportion of the persons of New Zealand Maori descent under the age of 18 years, which figure shall be fixed—
by ascertaining a proportion determined by dividing—
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) as electors of Maori electoral districts, and persons on the dormant rolls for Maori electoral districts; by
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
by applying the proportion ascertained under paragraph (a) to the total number of ordinarily resident persons of New Zealand Maori descent as determined by the last periodical census
medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine
member of the Defence Force means any person resident in New Zealand within the meaning of this Act who is for the time being a member of the New Zealand Defence Force constituted by section 11(1) of the Defence Act 1990; and includes any person so resident who is attached to, or employed by, or carries out duties of the New Zealand Defence Force which necessitate his or her being outside New Zealand
mental impairment, in relation to any person, means an impairment causing a person to lack, wholly or partly, the capacity to understand the nature of any decision about registering as an elector
meshblock means statistical meshblock
Minister means the Minister of Justice
nomination day, in relation to any election, means the day appointed in the writ for that election as the latest day for the nomination of candidates
party, in Parts 6AA, 6A, and 6B,—
means a political party registered under Part 4; and
includes a political party that at any time during the regulated period has been registered under Part 4
party advertisement means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to do either or both of the following:
to vote for a party (whether or not the name of the party is stated):
not to vote for a party (whether or not the name of the party is stated)
party secretary or, in relation to a party, secretary means the person (whatever his or her designation or office) whose duties include responsibility for—
carrying out the administration of the party; and
conducting the correspondence of the party
permanent resident of New Zealand has the meaning assigned thereto by section 73
personation has the meaning assigned to that term by section 215
polling day, in relation to any election, means the day appointed in the writ for that election for the polling to take place if a poll is required
polling place official means a person appointed, under section 158(1), as an official for a polling place
prescribed means prescribed by this Act or by regulations made thereunder or (for the purposes of Part 8) by rules of court
prison means a prison established or deemed to be established under the Corrections Act 2004
public inspection period means, in relation to a return filed under sections 205K, 206I, 206ZC, 209, 210, 210C, 214C, and 214F, the period—
beginning 3 working days after the date of receipt by the Electoral Commission of the duly completed return; and
ending with the close of polling day for the second general election that takes place after the date of receipt by the Electoral Commission of the duly completed return
public money has the same meaning as in the Public Finance Act 1989
public notice or public notification means a notice printed in some newspaper circulating in the district intended to be affected by the notice
public place has the same meaning as in section 2 of the Summary Offences Act 1981
public servant—
means a person employed in the service of the Crown, not being honorary service; and
includes a person employed in—
the Education service as defined in the State Sector Act 1988; or
the Cook Islands Public Service; or
the Western Samoan Public Service; and
includes an electoral official; but
does not include an electoral official who has been appointed as a Deputy Electoral Commissioner or Returning Officer; and
does not include any person to whom subsection (2) or subsection (3) applies; and
does not include—
any person by reason of his or her holding an office for which salary is payable under the Members of Parliament (Remuneration and Services) Act 2013; or
any person by reason of his or her being employed in any of Her Majesty’s forces except the Royal New Zealand Navy, the Regular Force of the New Zealand Army, or the Regular Air Force of the Royal New Zealand Air Force; or
any person remunerated by fees or commission and not by wages or salary
Registrar, in relation to any district, means the Registrar of Electors appointed for that district under section 22; and includes his or her deputy
Registrar of Births and Deaths means Registrar within the meaning of section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995
regulated period has the meaning given to it by section 3B
representative, in Part 5, means,—
in relation to a person who is outside New Zealand, or who has a physical impairment,—
a person who is a registered elector:
an attorney appointed under a power of attorney:
in relation to a person who has a mental impairment,—
a person who is a registered elector:
a welfare guardian appointed under section 12(1) of the Protection of Personal and Property Rights Act 1988:
an attorney appointed under an enduring power of attorney
residence and to reside have the meanings assigned thereto by section 72
Returning Officer means an electoral official designated under section 20B; and includes a person authorised to exercise or perform the powers, duties, or functions of a Returning Officer
roll means an electoral roll, a main roll, or a supplementary roll, as the case may be; and includes a composite roll printed under section 107
Speaker means—
the Speaker of the House of Representatives; or
if the Speaker of the House of Representatives is (for whatever reason) unable to act, the Deputy Speaker of the House of Representatives; or
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
special voter, in relation to any election, means a person qualified under this Act to vote as a special voter at that election
statement includes not only words but also pictures, visual images, gestures, and other methods of signifying meaning
supplementary roll, in relation to any district, means a supplementary roll printed for the district and for the time being in force
treating has the meaning assigned to that term by section 217
undue influence has the meaning assigned to that term by section 218
working day means any day of the week other than—
Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and
if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
a day in the period commencing with 25 December in any year and ending with 15 January in the following year
writ means a writ for an election issued under this Act
writ day, in relation to any election, means the day of the issue of the writ for that election.
A reference to a numbered form is a reference to the form so numbered in Schedule 2.
Where any person—
is appointed by the Crown, or the Government, or any department or agency of the Government to be a member of any commission, council, board, committee, or other body; or
is a member of any commission, council, board, committee, or other body of which any members receive any payment out of public money,—
he or she shall not by reason of that membership be deemed to be a public servant, whether or not he or she receives any travelling allowances or travelling expenses.
No person shall, by reason only of being a head of mission or head of post within the meaning of the Foreign Affairs Act 1988, be deemed to be a State servant within the meaning of section 52(1) or a public servant, whether or not that person receives any salary, allowances, or expenses.
3A. Meaning of election advertisement
In this Act, election advertisement—
means an advertisement in any medium that may reasonably be regarded as encouraging or persuading voters to do either or both of the following:
to vote, or not to vote, for a type of candidate described or indicated by reference to views or positions that are, or are not, held or taken (whether or not the name of the candidate is stated):
to vote, or not to vote, for a type of party described or indicated by reference to views or positions that are, or are not, held or taken (whether or not the name of the party is stated); and
includes—
a candidate advertisement; and
a party advertisement.
None of the following are election advertisements:
an advertisement that—
is published, or caused or permitted to be published, by the Electoral Commission or any other agency charged with responsibilities in relation to the conduct of any official publicity or information campaign to be conducted on behalf of the Government of New Zealand; and
relates to electoral matters or the conduct of any general election or by-election; and
contains either—
a statement indicating that the advertisement has been authorised by that officer or agency; or
a symbol indicating that the advertisement has been authorised by that officer or agency:
contact information (as defined in subsection (3)) published in any medium by a member of Parliament that satisfies all of the following requirements:
the information was published by a member of Parliament in the course of performing his or her role and functions as a member of Parliament; and
the information was prepared for publication and published by the member of Parliament using funding received under Vote Parliamentary Service; and
the information was routinely published in that medium before the commencement of the regulated period and continues to be published in that medium during the regulated period; and
the information is published during the regulated period no more often and to no greater extent than before the commencement of the regulated period; and
the information is published during the regulated period in the same form and style as before the commencement of the regulated period; and
the information is not included, combined, or associated with an election advertisement (as de- fined in subsection (1)), or with any other information so as to constitute an election advertisement, that is published by—
the member of Parliament; or
the secretary of the party to which the member of Parliament belongs; or
any other person with the authority of the member of Parliament:
the editorial content of—
a periodical:
a radio or television programme:
a publication on a news media Internet site:
any transmission (whether live or not) of proceedings in the House of Representatives:
any publication on the Internet, or other electronic medium, of personal political views by an individual who does not make or receive a payment in respect of the publication of those views.
In this section,—
contact information, in relation to a member of Parliament, means information that— periodical means a newspaper, magazine, or trade or professional journal that—
was established for purposes unrelated to the conduct of election campaigns; and
since its establishment has been—
published at regular intervals; and
generally available to members of the public.
3B. Meaning of regulated period
In this Act, regulated period, in relation to a general election, has the meaning given to it by subsections (2) and (3).
If before the close of the default day the Prime Minister gives public notice of the day that is to be polling day for the election, the regulated period—
commences on the later of the following days:
the day after the date on which the Prime Minister gives that public notice:
the day that is 3 months before polling day; and
ends with the close of the day before polling day.
If at the close of the default day the Prime Minister has not given public notice of the day that is to be polling day for the election, the regulated period—
commences on the close of the default day; and
ends with the close of the day before polling day.
In this Act, regulated period, in relation to a by-election, means the period that—
commences on the day after the notice of the vacancy to be filled by the by-election is published under section 129(1); and
ends with the close of the day before polling day.
In this section,—
default day means the day that is 2 years and 9 months after the polling day for the preceding general election give public notice means issue a media statement.
3C. Electoral Commission to publish details relating to regulated period
The Electoral Commission must, as soon as practicable after the commencement of the regulated period for a general election, publish in the Gazette notice of—
the date on which the regulated period commenced; and
the date on which the regulated period will end.
3D. Meaning of publish
In this Act, unless the context otherwise requires, publish, in relation to an election advertisement, means to bring to the notice of a person in any manner—
including—
displaying on any medium:
distributing by any means:
delivering to an address:
leaving at a place:
sending by post or otherwise:
printing in a newspaper or other periodical:
broadcasting by any means:
disseminating by means of the Internet or any other electronic medium:
storing electronically in a way that is accessible to the public:
incorporating in a device for use with a computer:
inserting in a film or video; but
excluding addressing 1 or more persons face to face.
3E. Meaning of advertising expenses
In this Act, advertising expenses, in relation to an election advertisement—
includes—
the cost incurred in the preparation, design, composition, printing, postage, and publication of the advertisement; and
the reasonable market value of any material used for or applied towards the advertisement, including any such material that is provided free of charge or below reasonable market value; but
excludes the cost of—
the conduct of any survey or public opinion poll; and
any framework (other than a commercial framework) that supports a hoarding on which the advertisement is displayed; and
the labour of any person that is provided free of charge by that person; and
the replacement of any material used in respect of the advertisement if that advertisement has been destroyed or rendered unusable by—
1 or more persons, other than the person promoting the advertisement (person A):
the occurrence of an event beyond the control of person A, or any person acting on behalf of person A.
To avoid doubt, advertising expenses does not include the cost (including running costs) of any vehicle used to display an election advertisement if the use of the vehicle for that purpose is not the subject of a contract, arrangement, or understanding for the payment of money or money’s worth.
In this section, vehicle has the meaning given to it by section 2(1) of the Land Transport Act 1998.
Subpart 1. Extraterritorial application
3F. Application of Act to conduct outside New Zealand
The provisions of Part 6AA and 6A apply in respect of the publication of an election advertisement—
in New Zealand, in any case where the promoter of the advertisement is outside New Zealand; and
outside New Zealand, in any case where the promoter of the advertisement is in New Zealand.
Subsection (1) does not affect the application of the provisions of this Act (other than those provisions in Parts 6AA and 6A that apply in respect of the publication of an election advertisement) in respect of an offence that under any provision of the Crimes Act 1961 is deemed to be committed in New Zealand.
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