New Zealand 1852 Constitution (reviewed 2014)

Part 4. Registration of political parties and party logos

Subpart 1. Registration of political parties

62. Register of Political Parties

1. Subject to this Part, an eligible political party may be registered for the purposes of this Act.
2. The Electoral Commission shall establish and maintain a Register, to be known as the Register of Political Parties, containing a list of the political parties registered under this Part.

63. Application for registration

1. An application for the registration of an eligible political party may be made to the Electoral Commission—
   1. by the secretary of the party; or
   2. by any member of Parliament who is a current financial member of that party.
2. An application for the registration of an eligible political party—
   1. shall be in writing; and
   2. shall be signed by the applicant; and
   3. must—
      1. set out the name of the party; and
      2. 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
      3. set out the name and address of the applicant and the capacity in which he or she makes the application; and
      4. if the applicant is not the secretary of the party, set out the name and address of the secretary of the party; and
      5. set out the name and address of the person eligible under section 206K who is to be appointed as the auditor of the party, and be accompanied by that person’s signed consent to the appointment; and
      6. 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
      7. 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 that the party has at least 500 current financial members who are eligible to enrol as electors; and
      8. [Repealed]
   4. 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, which declaration must state that the party intends, at general elections,—
      1. to submit a list of candidates under section 127; or
      2. to have 1 or more constituency candidates stand for the party or for a related political party; or
      3. both; and
   5. shall 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, which declaration shall—
      1. state whether the party is a party in respect of which there are 1 or more component parties; and
      2. where the party has 1 or more component parties, state the name of each component party; and
   6. must be accompanied by the application fee payable under section 63A.
3. Upon receipt of an application for the registration of a political party, the Electoral Commission shall deal with the application in accordance with this Part and determine whether the party can be registered.
4. Notwithstanding subsection (3), the Electoral Commission shall not be obliged to deal with any application for registration if it receives notice in writing withdrawing the application from a person entitled to apply for the registration of that party and the Electoral Commission is satisfied that the application is made by that person on behalf of the party.
5. [Repealed]

63A. Application fee

1. The fee payable on making an application under section 63 is $500 (inclusive of goods and services tax).
2. The fee must be paid by—
   1. direct credit to a bank account nominated by the Electoral Commission; or
   2. bank cheque.

64. Times when registration prohibited

1. At no time in the period that, in relation to a general election,—
   1. commences on the date beginning with the issue of the writ for the election of members of Parliament for all electoral districts within New Zealand; and
   2. ends with the day appointed as the latest day for the return of the writ containing the names of constituency candidates who are elected,—

   shall action be taken in relation to any application for the registration of a political party.

2. [Repealed]

65. Parties with certain names not to be registered

The Electoral Commission shall refuse an application for the registration of a political party if, in its opinion, the name of the party or any proposed abbreviation—

1. is indecent or offensive; or
2. is excessively long; or
3. is likely to cause confusion or mislead electors; or
4. contains any reference to a title or honour or similar form of identification.

65A. Certain logos not to be registered

[Repealed]

66. Other grounds on which registration may be refused

1. The Electoral Commission shall refuse an application for the registration of a political party if—
   1. the application does not comply with section 63; or
   2. if it is satisfied that the party does not have 500 current financial members who are eligible to enrol as electors.
2. Unless section 65 or subsection (1) applies, the Electoral Commission shall, subject to section 64, register the political party that is the subject of the application.
3. [Repealed]

67. Registration

1. Where the Electoral Commission determines that a political party should be registered, the Electoral Commission shall—
   1. register the party by entering in the Register—
      1. the name of the party; and
      2. if an abbreviation of the name of the party was set out in the application, that abbreviation; and
      3. the names of any separate political parties that are component parties of the party; and
   2. give written notice to the applicant that the Electoral Commission has registered the party; and
   3. cause notice of the registration of the party, including details of any component parties of the party, to be published in the Gazette.
   4. [Repealed]
2. Where the Electoral Commission determines that an application for the registration of a political party should be refused, the Commission shall, as soon as reasonably practicable, and in any case not later than 10 working days after the date of the determination, give the applicant written notice that the Commission has refused the application, setting out the reasons for the refusal.
3. It shall be the duty of the secretary of any political party registered under this Act—
   1. to supply the Electoral Commission with an address for service of all correspondence under this Part; and
   2. to notify the Electoral Commission of any changes in the address for service of correspondence; and
   3. to notify the Electoral Commission whenever a new secretary of the party is appointed; and
   4. to notify the Electoral Commission if the number of current financial members of the party who are eligible to enrol as electors falls below 500; and
   5. subject to subsection (4), to notify the Electoral Commission by way of a declaration in the manner provided by section 9 of the Oaths and Declarations Act 1957 whenever there is any change in the details recorded in the Register of Political Parties in respect of the party under subsection (1)(a)(iii).
   6. [Repealed]
4. [Repealed]

67A. Registration of party logos

[Repealed]

68. Inspection of Register

Members of the public shall be entitled to inspect the Register of Political Parties without payment at any time between 9 am and 5 pm on any day on which the office of the Electoral Commission is open.

68A. Inspection of party logos

[Repealed]

69. Changes to Register

[Repealed]

69A. Changes to party logos

[Repealed]

70. Cancellation of registration

1. The Electoral Commission shall cancel the registration of a political party at the request of one of the persons specified in section 63(1) if satisfied that the request for cancellation is made by the applicant on behalf of the party.
2. The provisions of section 64, with any necessary modifications, apply to every request under subsection (1).
3. The Electoral Commission shall cancel the registration of any political party on being satisfied that the number of current financial members of the party who are eligible to enrol as electors has fallen below 500.
4. For the purposes of exercising the powers conferred on it by subsection (2), the Electoral Commission may require a political party to supply to it a list of the party’s current financial members within any reasonable time that the Electoral Commission specifies.
5. Where the Electoral Commission cancels the registration of any political party, it shall, as soon as reasonably practicable, and in any event not later than 10 working days after the date of the cancellation,—
   1. give, where the cancellation was effected under subsection (1), written notice of the cancellation to both the applicant for cancellation and the secretary of the political party:
   2. give, where the cancellation was effected under subsection (2), written notice of the cancellation to the secretary or the last-known secretary of the political party, which written notice shall set out the reasons for the cancellation:
   3. cause notice of the cancellation to be published in the Gazette.

70A. Cancellation of registration of party logo

[Repealed]

71. Requirement for registered parties to follow democratic procedures in candidate selection

Every political party that is for the time being registered under this Part shall ensure that provision is made for participation in the selection of candidates representing the party for election as members of Parliament by—

1. current financial members of the party who are or would be entitled to vote for those candidates at any election; or
2. delegates who have (whether directly or indirectly) in turn been elected or otherwise selected by current financial members of the party; or
3. a combination of the persons or classes of persons referred to in paragraphs (a) and (b).

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, which declaration must—

1. state that the party intends, at general elections,—
   1. to submit a list of candidates under section 127; or
   2. to have 1 or more constituency candidates stand for the party or for a related political party; or
   3. both; and

1. 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:
   1. a copy of the rules governing membership of the party:
   2. a copy of the rules governing the selection of persons to represent that party as candidates for election as members of Parliament:
   3. 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) must be supplied within 1 month after notice of the registration of the party is notified in the Gazette in accordance with section 67(1)(c).
3. The copies required by subsection (1)(c) must be supplied within 1 month after the date on which the changes to the rules are adopted by the party.
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 am and 5 pm on any day on which the office of the Electoral Commission is open.

Subpart 2. Registration of party logos

71C. Application for registration of party logo

1. An application may be made to the Electoral Commission to register the logo of a political party if the political party—
   1. is registered under subpart 1; or
   2. is unregistered, but an application has been made under subpart 1 to register that party and that application has not been determined by the Electoral Commission.
2. An application to register a party logo—
   1. may be made by—
      1. the secretary of the party; or
      2. any member of Parliament who is a current financial member of the party; and
   2. must—
      1. be in writing; and
      2. be signed by the applicant; and
      3. be accompanied by—
         1. 2 identical representations of the party logo in a form satisfactory to the Electoral Commission that show the parts of the logo that are to be in colour and the PMS (Pantone Matching System) colours that are to be used for those parts when the logo is reproduced on the ballot paper; and
         2. a black and white reproduction of the party logo in a form satisfactory to the Electoral Commission; and
      4. be accompanied by a declaration, made by the applicant in the manner provided for by section 9 of the Oaths and Declarations Act 1957, that the use of the logo by the political party will not be an infringement of an intellectual property right of any person, or a breach of any enactment; and
      5. set out—
         1. the name and address of the applicant, and the capacity in which he or she makes the application; and
         2. the name and address of the secretary of the political party, if the applicant is not the secretary of the political party.
3. On receipt of an application to register a party logo, the Electoral Commission must deal with the application in accordance with this subpart and determine whether to register the party logo.
4. Subsection (3) does not apply if, before determining whether to register a party logo, the Electoral Commission—
   1. receives from any person described in subsection (2)(a) written notice that the application to register the party logo is withdrawn; and
   2. is satisfied the written notice is given by that person on behalf of the party.

71D. Grounds on which registration refused

1. The Electoral Commission must refuse an application to register the logo of a political party if—
   1. the Electoral Commission has determined that the political party’s application for registration should be refused (in the case of an application made under section 71C(1)(b)); or
   2. the application does not comply with—
      1. section 71C(2)(b)(iii); or
      2. section 71C(2)(b)(iv); or
   3. the Electoral Commission has reasonable cause to believe that the declaration accompanying the application under section 71C(2)(b)(iv) is not correct; or
   4. the Electoral Commission is of the opinion that the logo—
      1. is indecent; or
      2. is offensive; or
      3. is likely to cause confusion or mislead electors; or
      4. contains any reference to a title or an honour or a similar form of identification.
2. If the Electoral Commission refuses an application to register the logo of a political party, the Electoral Commission must, as soon as is reasonably practicable, and in any case not later than 10 working days after the date of refusal, give the applicant written notice of—
   1. the refusal; and
   2. the reasons for the refusal.

71E. Times when registration of party logos prohibited

No action may be taken in relation to any application made under section 71C during the period that,—

1. in relation to a general election,—
   1. commences on the date beginning with the issue of the writ for the election of members of Parliament for all electoral districts within New Zealand; and
   2. ends with the day appointed as the latest day for the return of the writ containing the names of constituency candidates who are elected; and
2. in relation to a by-election,—
   1. commences on the date beginning with the issue of the writ for the by-election; and
   2. ends with the day appointed as the latest day for the return of the writ for the by-election.

71F. Registration of party logos

If, on receipt of an application under section 71C, the Electoral Commission determines to register the logo of a political party, the Electoral Commission must—

1. register the logo of the political party in the Register of Political Parties established under section 62(2); and
2. give written notice of the registration to the applicant; and
3. arrange for the registration to be published in the Gazette.

71G. Inspection of party logos

The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every party logo that is, or has been, registered in the Register of Political Parties.

71H. Changes to party logos

1. A person described in section 71C(2)(a) may, on behalf of a party whose logo has been registered, apply to the Electoral Commission to—
   1. vary the form of the party logo; or
   2. substitute a new party logo; or
   3. amend the party logo to refer to the new name of the party in any case where there has been a change in the party name.
2. Sections 71C to 71F apply, with any necessary modifications, to an application made under subsection (1).

71I. Cancellation of registration of party logo

1. The Electoral Commission must cancel the registration of the logo of a political party if—
   1. a person described in section 71C(2)(a) applies to cancel the registration of the logo and the Electoral Commission is satisfied that the application is made on behalf of the political party; or
   2. the registration of the political party is cancelled under section 70; or
   3. the Electoral Commission is satisfied that the use of the logo by the political party constitutes an infringement of an intellectual property right or a breach of an enactment.
2. Section 71E applies, with any necessary modifications, to an application made under subsection (1)(a).
3. If the Electoral Commission cancels the registration of the logo of a political party, the Electoral Commission must, as soon as is reasonably practicable and in any case not later than 10 working days after the date of cancellation,—
   1. give written notice of the cancellation and the reasons for the cancellation to—
      1. the applicant, if the registration of the logo was cancelled under subsection (1)(a) on the application of a person described in section 71C(2)(a)(ii); and
      2. the secretary of the political party; and
   2. arrange for the cancellation to be published in the Gazette.