New Zealand 1852 Constitution (reviewed 2014)

Part 2. Officers

16. Clerk of the Writs

[Repealed]

17. Deputy Clerk of the Writs

[Repealed]

18. Chief Electoral Officer

[Repealed]

19. Deputy Chief Electoral Officer

[Repealed]

20. Electoral officials

[Repealed]

20A. Electoral officials under direction of Electoral Commission

1. The Electoral Commission 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 Electoral Commission.

20B. Designation of Returning Officers

1. For every election to be held in a district, the Electoral Commission must, by notice in writing, designate an electoral official as the Returning Officer for the district.
2. A Returning Officer is a public servant for the purposes of sections 28(2)(f) and 80(3)(a)(i).

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.

20CB. Effect of delegation on Returning Officer

No delegation under section 20C—

1. affects or prevents the performance of any function or duty or the exercise of any power by the Returning Officer; or
2. affects the responsibility of the Returning Officer for the actions of any electoral official acting under the delegation; or
3. is affected by any change in the person appointed as Returning Officer.

20CC. Revocation of delegations

A delegation under section 20C may be revoked at will by—

1. the Returning Officer by written notice to the electoral official; or
2. any other method provided for in the delegation.

20D. State sector agencies to assist with administration of elections

1. The Electoral Commission may seek assistance from any State sector agency in order to facilitate the effective administration of elections.
2. Any agency approached by the Electoral Commission 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 as defined in section 2 of the State Sector Act 1988, any Crown entity within the meaning of section 7 of the Crown Entities Act 2004, and any State enterprise within the meaning of the State-Owned Enterprises Act 1986.

21. Chief Registrar of Electors

[Repealed]

22. Registrar of Electors

1. Each electoral district must have a Registrar of Electors to be appointed by the Electoral Commission.
2. Every Registrar—
   1. must be an individual who is an electoral official (as defined in section 3(1)); and
   2. may, but need not, hold an office in, or be an employee of, a body corporate to which all or any of the Commission’s functions or powers that relate to registration of electors have been delegated; and
   3. must, subject to subsection (3), be stationed at an office within the electoral district of which he or she is Registrar.
3. The Electoral Commission may appoint as the Registrar for an electoral district a person stationed at an office occupied by the Electoral Commission, by the electoral official, or by the body corporate in or by which the electoral official holds an office or is employed, and in an adjoining electoral district if, in the Electoral Commission’s opinion,—
   1. there is in the electoral district no suitable office occupied by the Electoral Commission, the electoral official, or that body corporate; or
   2. an officer more suitable for appointment is stationed at an office occupied by the Electoral Commission, the electoral official, or that body corporate in an adjoining district; or
   3. making the appointment is, for 1 or more other reasons, in the public interest.
4. A district is, for the purposes of subsection (3), an adjoining district for another district if the boundaries of both districts—
   1. are wholly or partly shared; or
   2. are separated by no more than 2 intermediate districts.
5. The Registrar must, under the Electoral Commission’s direction,—
   1. compile and keep, as required by this Act, the electoral roll for the Registrar’s electoral district; and
   2. carry out the functions and duties conferred and imposed on the Registrar by or under this Act.
6. The Electoral Commission may from time to time appoint to be the Deputy Registrar for any electoral district an individual who—
   1. is an electoral official (as defined in section 3(1)); and
   2. may, but need not, hold an office in, or be an employee of, a body corporate to which all or any of the Commission’s functions or powers that relate to registration of electors have been delegated.
7. The Deputy Registrar has and may carry out (exercise or perform), subject to the control of the Registrar for that electoral district, all of that Registrar’s powers, functions, and duties.
8. Neither the Registrar nor his or her deputy may hold any official position in any political organisation.
9. The powers conferred on the Electoral Commission by subsections (1) and (6) include the power to appoint a Registrar or a Deputy Registrar for a named electoral district—
   1. that is not yet in being; or
   2. in respect of which a roll has not been compiled.
10. All appointments made under section 22 as repealed on 1 July 2012 by section 31 of the Electoral (Administration) Act 2011 and in force at the close of 30 June 2012 continue on and after 1 July 2012, and may be amended, revoked, or revoked and replaced, as if they had been made under this section.

23. Appropriation of expenses of New Zealand Post Limited

[Repealed]

24. Employees appointed by Chief Electoral Officer

[Repealed]

25. General provision as to Returning Officers

No Returning Officer shall hold any official position in any political organisation.

26. Returning Officer to make declaration

Every Returning Officer shall, before entering on the duties of his or her office, make a declaration in form 1.