New Zealand 1852 Constitution (reviewed 2014)

Part 1. Electoral Commission

4. Electoral Commission

[Repealed]

4A. Crown Entities Act 2004 to apply

[Repealed]

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) is not the same body as the Electoral Commission established by section 4.

4C. Objective

The objective of the Electoral Commission is to administer the electoral system impartially, efficiently, effectively, and in a way that—

1. facilitates participation in parliamentary democracy; and
2. promotes understanding of the electoral system and associated matters; and
3. 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 as follows:
   1. 1 member as the Chief Electoral Officer; and
   2. 1 member as the chairperson; and
   3. 1 member as the deputy chairperson.
2. The member appointed as the Chief Electoral Officer under subsection (1)(a) is the chief executive of the Electoral Commission.
3. The members of the Electoral Commission are the board for the purposes of the Crown Entities Act 2004.
4. Subsection (1) applies despite—
   1. section 28(1)(b) of the Crown Entities Act 2004; and
   2. 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 does not affect the Judge’s tenure of his or her judicial office or the Judge’s rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as a Judge (including those in relation to superannuation) and, for all purposes, the Judge’s services as a member must be taken to be service as a Judge.

4F. Resignation of member

1. A member of the Electoral Commission may resign from office by written notice to the Governor-General (with a copy to the Electoral Commission) signed by the member.
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.

4G. Power to remove or suspend members

1. Section 42 of the Crown Entities Act 2004 applies to any member of the Electoral Commission who is a Judge.
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 has the same meaning as in section 40 of the Crown Entities Act 2004.

4H. Filling of vacancy

1. If a vacancy occurs in the membership of the Electoral Commission, the Governor-General, on the recommendation of the House of Representatives, may appoint a successor.
2. Despite subsection (1), if the vacancy exists at the close of a session, or the vacancy occurs while Parliament is not in session, and the House of Representatives has not recommended an appointment to fill the vacancy, the Governor-General in Council may appoint a successor at any time before the commencement of the next session of Parliament.
3. An appointment made under subsection (2) lapses, and the office again becomes vacant, unless the appointment is confirmed by the House of Representatives before the end of the 24th sitting day following the date of the appointment.

4I. Deputy Electoral Commissioners

1. The Electoral Commission may, by written notice, appoint an electoral official to be the deputy for an Electoral Commissioner.
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—
   1. state the date on which the appointment takes effect, which must not be earlier than the date on which the notice is received; and
   2. state the term of the appointment; and
   3. be published by the Electoral Commission in the Gazette as soon as practicable after the appointment is made.
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 Deputy Electoral Commissioner—
   1. must not act as chairperson or deputy chairperson of the board of the Electoral Commission; and
   2. 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. [Repealed]

4J. Proceedings of Electoral Commission

The provisions of Schedule 1 apply to the Electoral Commission and to its proceedings.

5. Functions

The functions of the Electoral Commission are to—

1. carry the provisions of this Act into effect:
2. carry out duties in relation to parliamentary election programmes that are prescribed by Part 6 of the Broadcasting Act 1989:
3. promote public awareness of electoral matters by means of the conduct of education and information programmes or by other means:
4. 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:
5. make available information to assist parties, candidates, and others to meet their statutory obligations in respect of electoral matters administered by the Electoral Commission:
6. 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,—
   1. initiate, sponsor, and carry out any studies or research:
   2. make any inquiries:
   3. consult with any persons or classes of persons:
   4. publicise, in any manner that it thinks fit, any parts of its work:
   5. provide information and advice on any matter—
      1. to the Minister for the Minister’s consideration:
      2. to the Minister for presentation to the House of Representatives:
   6. 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) does not limit sections 16 and 17 of the Crown Entities Act 2004.
3. If the Electoral Commission provides any information or advice to the Minister under subsection (1)(e)(ii), the Minister must present the information or advice to the House of Representatives within 5 working days after receiving it or, if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament.

7. Independence

The Electoral Commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—

1. this Act; and
2. 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—
   1. the services provided to electors to facilitate voting; and
   2. enrolment and voting statistics; and
   3. any substantive issue arising during the course of the election; and
   4. any changes that are necessary or desirable in respect of—
      1. administration processes or practices; or
      2. this Act or any other law; and
   5. any matter that the Minister of Justice asks the Electoral Commission to address; and
   6. any other matter that the Electoral Commission considers relevant.
2. The Minister must present any report received under subsection (1) to the House of Representatives within 5 working days after receiving it or, if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament.
3. The Electoral Commission must publish any report made under subsection (1) as soon as practicable after it has been presented to the House of Representatives, but in any case not later than 10 working days after the report is received by the Minister.

9. Electoral Commission may delegate functions or powers to electoral officials engaged by Commission

1. The Electoral Commission’s board may under section 73 of the Crown Entities Act 2004 delegate any of the Commission’s functions or powers, either generally or specifically, not only to any person or persons listed in section 73(1) of the Crown Entities Act 2004, but also to any electoral official who is engaged (rather than employed) by the Commission.
2. The functions or powers delegated may (without limitation) be or include either or both of the following:
   1. the Commission’s power under section 73 of the Crown Entities Act 2004 to delegate particular functions or powers of the Commission:
   2. all or any of the Commission’s functions or powers that relate to registration of electors.
3. The electoral official may (without limiting the definition of that term in section 3(1)) be a person of one of the following kinds that the Electoral Commission engages for the purpose of assisting with the performance of its functions:
   1. a body corporate:
   2. an individual who holds an office in, or is employed by, a body corporate.
4. For the purposes of this section, the Commission’s functions or powers that relate to registration of electors include, without limitation, its functions or powers under (or under any regulations under) Part 5 of this Act, and also its functions or powers under (or under any regulations under) the following Acts:
   1. Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001:
   2. Citizens Initiated Referenda Act 1993:
   3. Energy Companies Act 1992:
   4. Juries Act 1981:
   5. Local Electoral Act 2001:
   6. Referenda (Postal Voting) Act 2000.
5. The provisions of the Crown Entities Act 2004, including in particular sections 74 (powers of delegate), 75 (effect of delegation), and 76 (revocations), apply in respect of a delegation by virtue of this section to any electoral official who is engaged (rather than employed) by the Electoral Commission as if it were a delegation under section 73 of the Crown Entities Act 2004 to any person or persons listed in section 73(1) of the Crown Entities Act 2004.

9A. Ownership of intellectual property developed by delegates of functions or powers

1. Any intellectual property of any kind in, or in respect of, any matter or thing belongs to the Crown if it is devised or developed (entirely or mainly) after 30 June 2012 by or on behalf of an electoral official to whom or to which all or any of the Commission’s functions or powers that relate to registration of electors have been delegated under section 73 of the Crown Entities Act 2004 (alone, or in conjunction with section 9 of this Act) and—
   1. in the exercise or performance by or on behalf of that official of those delegated functions or powers; or
   2. entirely or mainly by or through the use of public money appropriated by Parliament to facilitate the exercise or performance of those delegated functions or powers.
2. However, the Crown acting by and through the Minister of Finance may grant to any person a licence in respect of, or transfer to any person all or any ownership of, all or any of that intellectual property.
3. This section applies despite any contrary instrument or law.

10. Term of office

[Repealed]

11. Vacation of office of additional members who hold office for purposes of jurisdiction under Part 6 of Broadcasting Act 1989

[Repealed]

11A. Appointment of deputies

[Repealed]

11B. Status of deputies

[Repealed]

11C. Protection from civil liability

[Repealed]

12. Delegation of Commission’s powers

[Repealed]

13. Procedure

[Repealed]

14. Proceedings of Electoral Commission

[Repealed]

15. Annual report

[Repealed]