New Zealand 1852 Constitution (reviewed 2014) - Page 21 of 42

Table of Contents

Part 5. Registration of electors

72. Rules for determining place of residence within New Zealand

Subject to the provisions of this section, the place where a person resides within New Zealand at any material time or during any material period shall be determined for the purposes of this Act by reference to the facts of the case.
For the purposes of this Act, a person can reside in one place only.
A person resides at the place where that person chooses to make his or her home by reason of family or personal relations, or for other domestic or personal reasons.
Where the property on which a person’s home is located is divided between 2 or more electoral districts, that person shall,—
1. if his or her dwelling is located wholly within one of those electoral districts, be deemed to reside in that electoral district; or
2. in any other case, be deemed to reside in the electoral district in which is located—
  1. the front door or other main entrance of his or her dwelling; or
  2. where his or her dwelling is an apartment, the front door or other main entrance of the building in which the apartment is situated.
A person who is detained in any prison or hospital by virtue of any enactment shall not, by reason only of that detention, be treated for the purpose of subsection (3) as residing there.
The place where, for the purposes of this Act, a person resides shall not change by reason only of the fact that the person—
1. is occasionally or temporarily absent from that place; or
2. is absent from that place for any period because of his or her service or that of his or her spouse, civil union partner, or de facto partner as a member of Parliament; or
3. is absent from that place for any period because of his or her occupation or employment or that of his or her spouse, civil union partner, or de facto partner; or
4. is absent from that place for any period because he or she, or his or her spouse, civil union partner, or de facto partner, is a student,— even if such absence involves occasional or regular residence at another place or other places.
Except as provided in subsection (8), a person who has permanently left his or her former home shall be deemed not to reside at that place, notwithstanding that his or her home for the time being is temporary only.
A New Zealand citizen who is outside New Zealand shall be deemed to reside where he or she had his or her last home in New Zealand; but nothing in this subsection shall affect the application of section 80(1)(a) for the purpose of determining the qualification of any person for registration as an elector.
Notwithstanding anything in this section, a person who is residing on, or has resided on, Campbell Island or Raoul Island and who, before residing on Campbell Island or Raoul Island resided in some other part of New Zealand, shall be deemed to reside, or to have resided, throughout that period of residence on Campbell Island or Raoul Island, in the place in New Zealand where that person had his or her last home before beginning residence on Campbell Island or Raoul Island.
In the case of a person who is appointed to be a member of the Executive Council, or who is the spouse, civil union partner, or de facto partner of any person so appointed, the following provisions shall apply notwithstanding anything to the contrary in this section, namely,—
1. so long as he or she holds that office he or she shall be deemed to continue to reside at the place of residence in respect of which he or she was registered as an elector of an electoral district (in this subsection referred to as the original district), notwithstanding his or her absence therefrom at the seat of Government or otherwise, unless and until he or she duly applies for registration as an elector of another electoral district of which he or she is, apart from the provisions of this paragraph, qualified to be an elector:
2. upon being registered as an elector of the other district pursuant to an application as aforesaid, the applicant shall cease to be entitled to continue to be registered under this subsection as an elector of the original district.
A person whose home is on any ship, boat, or vessel permanently located in any harbour shall be deemed to reside in the electoral district in which the wharf or landing place or the main wharf or landing place in the harbour is situated. If any question arises under this subsection as to the district in which the wharf or landing place or main wharf or landing place in any harbour is situated, it shall be determined by the Representation Commission.

73. Meaning of permanent resident of New Zealand

For the purposes of this Act, a person is a permanent resident of New Zealand if, and only if, that person—

resides in New Zealand; and
is not—
1. a person to whom section 15 or 16 of the Immigration Act 2009 applies; or
2. a person obliged by or under that Act to leave New Zealand immediately or within a specified time; or
3. treated for the purposes of that Act as being unlawfully in New Zealand.

Subpart 1. Qualification of electors

74. Qualification of electors

Subject to the provisions of this Act, every adult person is qualified to be registered as an elector of an electoral district if—
1. that person is—
  1. a New Zealand citizen; or
  2. a permanent resident of New Zealand; and
2. that person has at some time resided continuously in New Zealand for a period of not less than 1 year; and
3. that electoral district—
  1. is the last in which that person has continuously resided for a period equalling or exceeding 1 month; or
  2. where that person has never resided continuously in any one electoral district for a period equalling or exceeding 1 month, is the electoral district in which that person resides or has last resided.
Where a writ has been issued for an election, every person—
1. who resides in an electoral district on the Monday before polling day; and
2. who would, if he or she continued to reside in that electoral district until the close of polling day, have continuously resided in that electoral district for a period equalling or exceeding 1 month,—
shall (whether or not he or she does so continue to reside in that electoral district) be deemed, for the purposes of subsection (1)(c), to have completed on that Monday a period of 1 month’s continuous residence in that electoral district.

75. Registration in respect of more than 1 electoral district

Subject to subsection (2), a person shall not be entitled to be registered as an elector of more than 1 electoral district.
Where an elector is qualified to be registered as an elector of an electoral district, his or her registration as an elector of that district shall not be invalid by reason only of the fact that at the time of that registration he or she was registered as an elector of a district for which he or she was not, or was no longer, qualified to be registered.
Notwithstanding that the validity of the registration of an elector of an electoral district is preserved by subsection (2), for the purposes of section 60, such an elector is not qualified, by virtue of that registration, to vote at an election unless, when the elector votes, he or she is no longer registered as an elector of another electoral district.

76. Maori option

Subject to this section and to sections 77 to 79, a Maori who possesses the qualifications prescribed in that behalf by this Act shall have the option of being registered either as an elector of a Maori electoral district or as an elector of a General electoral district.
Every such option shall be exercised—
1. at the time the Maori first qualifies and applies to be registered as an elector of any electoral district; or
2. in the case of a Maori who was not registered as an elector of any electoral district on the first day of the period last specified in a notice published under section 77(2), on the first subsequent application for registration as an elector; or
3. in any other case, in accordance with section 77 or section 78.

77. Periodic exercise of Maori option and determination of Maori population

Every elector who is a Maori may exercise periodically, in accordance with this section, the option given by section 76(1).
The Minister shall, in accordance with this section, specify from time to time, by notice in the Gazette, a period of 4 months during which any Maori may exercise the option given by section 76(1).
The Minister shall, as soon as practicable after the commencement of this section, and in accordance with section 269(2), publish the first notice under subsection (2).
Subject to subsections (3) and (5) and to section 269(2), the Minister shall, in every year that a quinquennial census of population is taken, but in no other year, publish a notice under subsection (2).
Notwithstanding subsection (4), where a Parliament is due to expire in a year in which a quinquennial census of population is to be taken, the Minister shall not, in that year, publish a notice under subsection (2), but shall instead, in the year following the year in which the quinquennial census of population is taken, publish such a notice.
For the purpose of enabling the Government Statistician to calculate the Maori electoral population, the Electoral Commission shall, as soon as practicable after the last day of each period specified in a notice published under subsection (2), supply to the Government Statistician—
1. the total number of persons registered as electors of the Maori electoral districts as at the close of that last day; and
2. the total number of persons registered as electors of the General electoral districts, who, as at the close of that last day, are recorded as having given written notice to the Registrar that they are persons of New Zealand Maori descent; and
3. the total number of persons whose names are shown on the dormant rolls maintained under section 109 for the Maori electoral districts; and
4. the total number of persons whose names are shown on the dormant rolls maintained under section 109 for General electoral districts who are recorded as having given written notice that they are persons of New Zealand Maori descent.

78. Exercise of Maori option

A Maori who is registered as an elector on the first day of an option period may exercise once in that period the Maori option.
The Registrar must send by post on the first day of an option period a notice in the prescribed form to—
1. every person registered as an elector of a Maori electoral district; and
2. every person registered as an elector of a General electoral district who has,—
  1. in his or her application for registration as an elector, specified that he or she is a Maori; or
  2. in response to an inquiry under section 89D, notified the Registrar that he or she is a Maori.
Subsection (4) applies to every Maori—
1. who receives a notice sent under subsection (2); and
2. who—
  1. being registered as an elector of a Maori electoral district, wishes to be registered as an elector of a General electoral district; or
  2. being registered as an elector of a General electoral district, wishes to be registered as an elector of a Maori electoral district.
A Maori to whom this subsection applies may exercise the Maori option by advising whether he or she wishes to be registered as an elector of—
1. a General electoral district; or
2. a Maori electoral district.
A Maori who wishes to exercise the Maori option under subsection (4) must advise the Registrar as to which option he or she has chosen by—
1. indicating his or her choice on the notice received under subsection (2), adding his or her signature and the date, and then returning the notice to the Registrar:
2. indicating his or her choice using an approved electronic medium:
3. completing an application for registration as an elector in accordance with section 83.
A Maori who is outside New Zealand, or who has a physical or mental impairment may exercise the Maori option through a representative, and section 86 applies with any necessary modifications.
On receipt of any advice under subsection (5), the Registrar must send that advice to the Registrar in whose district the Maori resides.
Advice received under subsection (5) is deemed to be an application for registration as an elector for the purposes of—
1. the definition of electoral roll in section 3(1); and
2. sections 89A, 98, and 103.
A Maori who receives a notice sent under subsection (2) but who does not exercise the option given by section 76(1) in the option period continues to be registered on the roll as an elector of the electoral district in which he or she is currently registered.
If a notice returned to a Registrar under subsection (5)(a) is received by the Registrar by post after the end of the option period but not later than noon on the day after the last day of that period, the notice is deemed to have been received in that option period, and the elector must, if the notice is otherwise in order, be deemed to have exercised the option given by section 76(1) in that option period.
If a notice returned to a Registrar under subsection (5)(a) is received by the Registrar within the option period but that notice does not comply with the requirements for signing and dating, the Registrar may treat the notice as being in accordance with those requirements before the end of that option period if the non-compliance is remedied within 6 days after the end of that option period.
For the purposes of this section,—
- Maori option means the option provided by section 76(1)
  option period means the period specified in a notice published under section 77(2)
  person registered as an elector includes a person of or over the age of 17 years who has had an application under section 82(2) to register as an elector accepted by a Registrar of Electors.
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79. Restriction on transfer between General and Maori electoral rolls

Except as provided in sections 76 to 78,—

no Maori may transfer from a General electoral roll to a Maori electoral roll or vice versa:
no Maori whose name has been removed from an electoral roll or who ceases to be qualified as an elector of an electoral district may be registered as an elector for a different type of electoral district.

80. Disqualifications for registration

The following persons are disqualified for registration as electors:
1. a New Zealand citizen who (subject to subsection (3)) is outside New Zealand and has not been in New Zealand within the last 3 years:
2. a permanent resident of New Zealand (not being a New Zealand citizen) who (subject to subsection (3)) is outside New Zealand and has not been in New Zealand within the last 12 months:
3. a person who is detained in a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or in a secure facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, and to whom one of the following applies:
  1. the person has been found by a court or a Judge to be unfit to stand trial within the meaning of the Criminal Procedure (Mentally Impaired Persons) Act 2003, or has been acquitted on account of his or her insanity, and (in either case) is detained under an order or direction under section 24 or section 31 or section 33 of that Act or under the corresponding provisions of the Criminal Justice Act 1985 and has been so detained for a period exceeding 3 years:
  2. the person has been found by a court, on conviction of any offence, to be mentally impaired, and is detained under an order made under sec- tion 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 or section 118 of the Criminal Justice Act 1985, and has been so detained for a period exceeding 3 years:
  3. the person is subject to, and has for a period exceeding 3 years been subject to, a compulsory treatment order made following an application under section 45(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or a compulsory care order made following an application under section 29(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003:
  4. the person is detained under section 46 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, and is a person to whom paragraph (d) would otherwise apply:
4. a person who is detained in a prison pursuant to a sentence of imprisonment imposed after the commencement of the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010:
5. a person whose name is on the Corrupt Practices List made out for any district.
The Registrar of the court in which any compulsory treatment order or any order under section 24 or section 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 is made or any person is convicted of a corrupt practice shall, not later than the fifth day of the month next succeeding the date of the order or conviction, forward to the Registrar of Electors of the electoral district in which the patient or offender was residing a certificate showing the name, place of abode, and description of the patient or offender and particulars of the order or conviction.
Nothing in subsection (1)(a) or (b) applies to—
1. a person, being—
  1. a public servant or a member of the Defence Force; or
  2. a head of mission or head of post within the meaning of the Foreign Affairs Act 1988, who is outside New Zealand in the course of that person’s duties; or
  3. an officer or employee of New Zealand Trade and Enterprise established by the New Zealand Trade and Enterprise Act 2003; or
2. a person who—
  1. is accompanying a person described in subparagraph (i) or subparagraph (ii) or subparagraph (iii) of paragraph (a) who is outside New Zealand in the course of that person’s duties; and
  2. is the spouse, civil union partner, de facto partner, or child of the person referred to in subparagraph (i), or the child of the spouse, civil union partner, or de facto partner of that person.

81. Detention in prison pursuant to sentence of imprisonment

Where a person who has been sentenced to imprisonment is received into a prison in which that person is to serve the whole or part of the sentence, the prison manager of that prison shall, not later than the seventh day after the day on which the prisoner is received into the prison, forward to the Electoral Commission a notice-
1. showing the name, previous residential address, and date of birth of that person; and
2. showing the name and address of the prison.
3. [Repealed]
The Electoral Commission shall, on receiving a notice under subsection (1), forward a copy of that notice to the appropriate Registrar of Electors.
In subsection (1), prison manager has the meaning given to it by section 3(1) of the Corrections Act 2004.

Subpart 2. Registration

82. Compulsory registration of electors

A person who is qualified to be registered as an elector of any electoral district and who is in New Zealand must apply to a Registrar of Electors for registration as an elector—
1. within 1 month after the date on which he or she first becomes qualified to be registered as an elector:
2. within 1 month after the date on which he or she ceases to be registered as an elector by reason of the inclusion of his or her name on the dormant roll under section 89G.
Any person aged 17 years or older, but under 18 years, may apply to a Registrar of Electors for registration as an elector, and that person is not then required to apply for registration as an elector on attaining the age of 18 years.
A person who is qualified to be registered as an elector of any electoral district and who is outside New Zealand may apply at any time to a Registrar of Electors for registration as an elector.
Where a Maori is qualified to be registered as an elector of both a Maori electoral district and a General electoral district, that person may apply for registration as an elector of only one of those districts, being the district in respect of which that person has exercised his or her option under section 76.
A person commits an offence against this section who, being required by this section to apply for registration as an elector during any period, knowingly and wilfully fails to apply.
A person who applies for registration as an elector is not liable to prosecution for his or her earlier failure to apply for registration as an elector.
A person who commits an offence against this section is liable on conviction to a fine not exceeding—
1. $100 on a first conviction; and
2. $200 on a second or subsequent conviction.

83. Application for registration

An application for registration as an elector may be made to a Registrar of Electors—
1. in writing, by completing and signing the prescribed form and returning it to the Registrar of Electors; or
2. in an approved electronic medium, by providing the information necessary to complete the prescribed form.
An application for registration as an elector must state, in respect of the person making the application,—
1. the person’s full name; and
2. the person’s date of birth; and
3. the place of residence in respect of which registration is claimed, specified in a manner that enables it to be clearly identified; and
4. the person’s postal address, if different from the address given under paragraph (c); and
5. the person’s occupation, if any; and
6. the honorific (if any) by which the person wishes to be addressed; and
7. whether or not the person is a Maori; and
8. any other particulars that are prescribed in regulations.
A Registrar of Electors may reject an application for registration as an elector if—
1. the application is made under subsection (1)(a) and the prescribed form is not—
  1. signed; or
  2. completed with the details specified in subsection (2)(a), (b), (c), and (h); or
2. the application is made under subsection (1)(b) and the information provided does not include the details specified in subsection (2)(a), (b), (c), and (h).
If a person does not specify in his or her application whether he or she is a Maori, this Act applies as if the person had specified in his or her application that he or she is not a Maori.
An application for registration as an elector that is rejected by the Registrar of Electors is treated as not having been made.
Where it appears to a Registrar of Electors that a person who has applied for registration as an elector in an electoral district is qualified to be registered as an elector in another electoral district, the Registrar must immediately send that person’s application to the Registrar of Electors of that other district.

83A. Procedure following inquiry under section 83

[Repealed]

83B. No form of inquiry required if application for registration as elector received

[Repealed]

83C. Elector who cannot be contacted to be included in dormant roll

[Repealed]

83D. Transfer of electors between electorates

[Repealed]

84. Registration of persons outside New Zealand

A person who is outside New Zealand may apply for registration as an elector under section 83 through a representative, and section 86 applies with any necessary modifications.

85. Registration of persons who have physical or mental impairment

A person who has a physical or mental impairment may apply for registration as an elector under section 83 through a representative, and section 86 applies with any necessary modifications.

86. Representatives

A representative acting on behalf of a person must, when making any application or giving any notification, provide a statement that—
1. sets out the capacity in which he or she is acting; and
2. confirms that he or she is duly authorised to act in making that application or providing that information.
A statement under subsection (1) must be provided—
1. in writing, by completing and signing a form approved for the purpose by the Electoral Commission; or
2. in an approved electronic medium, by providing the information necessary to complete the form.

87. Procedure if immigration status means applicant apparently not qualified to be registered

This section applies in accordance with section 263A(6)(a) if the Electoral Commission under section 263A(5) advises the Registrar of an electoral district that a comparison carried out pursuant to section 263A(4) indicates that a person who has applied to be (but is not yet) registered as an elector of the electoral district is a person who the chief executive of the responsible department (as defined in section 263A(1)) believes is—
1. unlawfully in New Zealand; or
2. a person who is lawfully in New Zealand but only by virtue of being the holder of a temporary entry class visa of whatever type.
When this section applies the Registrar must comply with subsections (3) to (5) before determining under section 87 whether the applicant for registration as an elector is qualified to be registered.
The Registrar must within 5 working days of receiving that advice deliver to the applicant for registration personally, or send by post to that person, a written notice (in this section referred to as a or the notice) communicating—
1. the advice that the Registrar received under section 263A(5) in respect of the applicant; and
2. that the Registrar may determine that the applicant’s immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to the Registrar by or on behalf of the applicant within 5 working days after the applicant receives the notice.
If no response to the notice is made to the Registrar by or on behalf of the applicant within 10 working days of the notice being delivered to the applicant personally, or sent by post to that person, the Registrar must promptly deliver to the applicant for registration personally, or send by post to that person, a written notice (in this section referred to as a or the further notice) communicating—
1. the advice that the Registrar received under section 263A(5) in respect of the applicant; and
2. the fact that, and the date on which, a notice was delivered to the applicant personally, or sent by post to that person; and
3. that the Registrar may determine that the applicant’s immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to the Registrar by or on behalf of the applicant within 5 working days after the applicant receives the further notice.
The Registrar may determine under section 87 whether the applicant for registration as an elector is qualified to be registered only—
1. after considering any response to the notice or a further notice made to the Registrar by or on behalf of the applicant within 5 working days after the notice or a further notice was delivered to the applicant personally, or received by that person by post; or
2. if no response to a further notice is made to the Registrar by or on behalf of the applicant within 10 working days of the further notice being delivered personally to the applicant, or received by that person by post.
A notice or further notice purportedly sent to the applicant by post—
1. is, in the absence of proof to the contrary, treated as having been received by that person by post on the fourth working day after the day on which it is sent by post; and
2. is treated as sent by post to that person on a day if it is proved to have been properly addressed to that person and to have been submitted on that day to a person for the time being registered as a postal operator under the Postal Services Act 1998 for postage to that person.
If, after complying with subsections (3) to (5), the Registrar determines under section 87 that the applicant for registration as an elector is not qualified to be registered, the Registrar must deliver to the applicant for registration personally, or send by post to that person, a written notice communicating the determination.

88. Applications received after issue of writ

Where a writ has been issued requiring the conduct of an election in a district, then, subject to subsections (2) and (3), the Registrar shall not, at any time in the period beginning on polling day and ending with the day of the return of the writ, register any application for registration as an elector that the Registrar receives on or after polling day.
For the purposes of subsection (1), an application for registration shall be deemed to have been received before polling day if—
1. the application or the envelope in which it is contained bears a postmark or date stamp impressed at any New Zealand Post outlet or agency before polling day; or
2. the applicant for registration produces a receipt which relates to the application and which was issued by any New Zealand Post outlet or agency before polling day.
3. [Repealed]
Where any person applies for registration after a writ has been issued requiring the conduct of an election in a district and before polling day,—
1. the Registrar shall, if the Registrar is satisfied that that person is qualified to be registered, forthwith enter the name of that person on the electoral roll; and
2. the Registrar shall not be required to enter the name of that person on the main roll or any supplementary roll or composite roll used at that election; and
3. that person may, at that election, vote only by way of a special vote.

89. Procedure following application for registration

If the Registrar is satisfied that any applicant for registration as an elector (whether by transfer from another district, or otherwise) is qualified to be registered, he or she shall forthwith enter the name of the applicant on the roll.
Where it appears to the Registrar that an applicant who is a Maori is prevented, by the manner in which he or she last exercised the option given by section 76, from being registered as an elector of the district to which his or her application relates, the Registrar shall forthwith send the application to the Registrar of the district in respect of which the applicant is entitled to be registered and shall notify the elector of his or her reasons for refusing the application and of the Registrar to whom the application has been sent.
Where an application for registration as an elector has been received before the issue of a writ and it has not been possible for the Registrar to ascertain, at the time of the issue of the writ, whether the applicant is currently registered as an elector of another electoral district, the Registrar shall, subject to subsection (4), include the name of the applicant on any main, supplementary, or composite roll printed as at writ day.
Notwithstanding anything in this Act, where the Registrar has, under subsection (3), included the name of any person on any main, supplementary, or composite roll printed as at writ day, the Registrar shall, within 6 days after writ day determine, either—
1. to enter the name of the applicant on the electoral roll; or
2. to delete the name of the applicant from that main, supplementary, or composite roll.

89A. Notice of registration

The Registrar must, not later than 14 days after the registration of a person as an elector, deliver to that person personally, or send to that person by post, written notice of the registration.

Subpart 2A. Change of address

89B. Elector must give notice of change of place of residence within electoral district

This section applies to an elector who, being registered as an elector of an electoral district, changes his or her place of residence within that district.
The elector must, within 2 months after the date on which he or she changed his or her place of residence, give notice of—
1. the change of his or her place of residence; and
2. the address of the new place of residence.
Notice under subsection (2) must be given—
1. in writing to the Registrar for the electoral district in which the elector resides; or
2. in an approved electronic medium.
An elector who has a physical or mental impairment may give notice under subsection (2) through a representative, and section 86 applies with any necessary modifications.
On receiving a notice under subsection (2), a Registrar must—
1. amend the roll to record the change in the elector’s place of residence; and
2. give confirmation to the elector, in accordance with section 94A, of that amendment.
An elector who knowingly and wilfully fails to comply with subsection (2)—
1. commits an offence and is liable on conviction to a fine—
  1. not exceeding $50 on a first conviction; and
  2. not exceeding $100 on any subsequent conviction; but
2. is not, by reason only of that failure, disqualified from voting at an election in the electoral district in which he or she is registered.
Despite subsection (6), an elector who gives notice of the matters specified in subsection (2) after the expiry of the period referred to in that subsection but before the commencement of a prosecution is not liable for prosecution for his or her earlier failure to give notice.

89C. Elector must give notice of change of place of residence to different electoral district

This section applies to an elector who, being registered as an elector of an electoral district, changes his or her place of residence to a different electoral district (the new electoral district).
After continuously residing in the new electoral district for a period of 1 month, the elector must, before the end of a further 1-month period, give notice of—
1. the change in his or her place of residence; and
2. the address of his or her new place of residence.
Notice under subsection (2) must be given—
1. in an approved electronic medium; or
2. by applying, under section 83, to Registrar B for registration as an elector; or
3. in writing (personally, or through an agent) to—
  1. Registrar B; or
  2. Registrar A.
An elector who has a physical or mental impairment may give notice under subsection (2) through a representative, and section 86 applies with any necessary modifications.
If notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(a), Registrar B must—
1. register that elector, in accordance with section 89, on roll B; and
2. give notice of that registration to—
  1. the elector, in accordance with section 89A; and
  2. Registrar A, who must, in accordance with section 98(1)(a), remove the elector’s name from roll A.
If notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(b), Registrar B must—
1. deal with the application in accordance with sections 88 to 89A; and
2. if he or she registers the name of the elector on roll B, give notice of that registration to Registrar A, who must, in accordance with section 98(1)(a), remove the elector’s name from roll A.
If notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(c)(i), Registrar B must send that notification to Registrar A.
If notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(c)(ii), or if a notification is received by Registrar A under subsection (7), subsections (9) to (13) apply.
If Registrar A believes that at least 1 month has elapsed since the change in the elector’s place of residence, Registrar A must send to the elector a request for confirmation of the elector’s new place of residence.
A request under subsection (9) must be made—
1. in writing, in the prescribed form, and contain—
  1. the particulars of the enrolment of the elector to whom it is addressed; and
  2. the address of the elector’s new place of residence; and
  3. provision for the elector to make changes to the information referred to in subparagraphs (i) and (ii); or
2. in an approved electronic medium that enables the elector to make changes to—
  1. the elector’s particulars of enrolment; and
  2. the particulars of the address of the elector’s new place of residence.
An elector who receives a request made pursuant to subsection (10)(a) must, within the time stated by Registrar A, complete and sign the form and return it to Registrar B.
An elector who receives a request made pursuant to subsection (10)(b) may respond to that request by sending to Registrar B in an approved electronic medium confirmation of his or her new place of residence.
After a form is returned under subsection (11) or a response is received under subsection (12), Registrar B must—
1. register that elector, in accordance with section 89, on roll B; and
2. give notice of that registration to—
  1. the elector in accordance with section 89A; and
  2. Registrar A, who must, in accordance with section 98(1)(a), remove the elector’s name from roll A.
An elector who knowingly or wilfully fails to comply with subsection (2) commits an offence and is liable on conviction to a fine—
1. not exceeding $100 on a first conviction; and
2. not exceeding $200 on any subsequent conviction.
Despite subsection (14), an elector who gives notice of the matters specified in subsection (2) after the expiry of the period referred to in that subsection but before the commencement of a prosecution is not liable for prosecution for his or her earlier failure to give notice.
In this section,—
- Registrar A, in relation to an elector, means the Registrar for the electoral district in which the elector previously resided
  
  Registrar B, in relation to an elector, means the Registrar for the electoral district in which the elector currently resides
  
  roll A, in relation to an elector, means the roll for the electoral district in which the elector previously resided
  
  roll B, in relation to an elector, means the roll for the electoral district in which the elector currently resides.

Subpart 2B. Updating of electoral rolls

89D. Inquiry to be made to update electoral rolls

Every Registrar must, at the times required by or under this section, direct an inquiry to be made in relation to the particulars on the roll for every person registered as an elector of the district.
An inquiry must be made,—
1. where practicable, within the period of 12 months ending with the day on which a Parliament is due to expire; and
2. at any other time directed by the Electoral Commission.
In any year in which a triennial general election of members of any local authority must be held under the Local Electoral Act 2001, every Registrar of a district that is, in part or in whole, within the local government area of a local authority must direct an inquiry to be made concerning the particulars on the roll of every person who—
1. is registered as an elector of that district; and
2. appears from those particulars to reside within that local government area.
If a roll that is not yet in force has been compiled under section 101(1), the inquiry directed to be made under this section must be in respect of that roll.
Every inquiry made under subsection (1) must—
1. be in the prescribed form; and
2. contain the particulars on the roll for the elector to whom it is addressed; and
3. require the elector, if any of those particulars have changed or are incorrect, to notify the Registrar by—
  1. changing or correcting on the form where provided any particular that is wrong, and returning the form; or
  2. using an approved electronic medium to make any change or correction required to the particulars.
An elector who has a physical or mental impairment may give a notification required by subsection (5) through a representative, and section 86 applies with any necessary modifications.
For the purposes of this section,—
1. a person registered as an elector includes any person of or over the age of 17 years who has had an application to register as an elector accepted by a Registrar of Electors; and
2. the particulars contained in the application to register are the particulars on the roll for that person.

89E. No inquiry required if application for registration as elector received

If a Registrar receives, during an inquiry under section 89D(1), or within 28 days before the commencement of an inquiry under that section, a duly completed application for registration as an elector,—

that application is deemed to be a completed form for the purposes of section 89D; and
the Registrar must notify that elector that he or she will not receive an inquiry under section 89D.

89F. Procedure following inquiry under section 89D

If, following an inquiry under section 89D, the Registrar receives notice under section 89D(5)(c) that an elector has changed his or her place of residence and now resides in another electoral district,—
1. the Registrar must,—
  1. in accordance with section 98(1)(a), remove the elector’s name from the roll for the district in which the elector previously resided; and
  2. ensure that the notification is sent to the Registrar for the new electoral district (the new Registrar); and
2. the notification is deemed to be an application for registration for the purposes of section 82; and
3. the new Registrar must register that elector, in accordance with section 89, on the roll for the district in which the elector resides.
If, following an inquiry under section 89D, the Registrar receives notice under section 89D(5)(c) of any change or correction to an elector’s particulars, other than a change of place of residence referred to in subsection (1), the Registrar must amend the elector’s particulars on the roll in accordance with that notification.
An elector remains on the roll and his or her particulars on the roll remain unchanged if—
1. the Registrar does not receive from the elector a form or information under section 89D(5)(c); or
2. the Registrar receives from the elector a form or information under section 89D(5)(c) with no changes.
A form that a person intends to return, or returns, under section 89D(5)(c)(i) must be signed and may be rejected for incompleteness, in accordance with subsections (1)(a), (2), and (3) of section 83 (which apply with all necessary modifications), as if the form were an application in respect of registration as an elector.
Information that an elector intends to supply, or supplies, electronically under section 89D(5)(c)(ii)—
1. is not an application in respect of registration as an elector required by section 83(1)(a) to be signed; but
2. may be rejected for incompleteness under section 83(3) (which applies with all necessary modifications) if it does not include all the details specified in section 83(2)(a), (b), (c), and (h).

89G. Elector who cannot be contacted to be included in dormant roll

This section applies if—
1. a Registrar is notified that an inquiry made under section 89D(1) or a notice sent under section 78(2) cannot be delivered to the elector to whom it is addressed because the whereabouts of the elector are not known; or
2. at any other time, the elector cannot be contacted at the elector’s address on the roll.
If this section applies, a Registrar must—
1. make any inquiry as to the whereabouts of the elector that the Registrar thinks fit or that the Electoral Commission directs; and
2. if the Registrar is unable to contact the elector, remove the name of the elector from the roll and include the name in the dormant roll maintained under section 109.

Subpart 3. Changes of address

[Repealed]

90. Changes of address to be notified

[Repealed]

91. Effect of failure to notify change of address

[Repealed]

Subpart 4. Death of registered elector

92. Notification of death of registered elector

The Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995 must, as soon as is reasonably practicable after the registration of the death of any person of or over the age of 17 years, notify the information described in subsection (2) to the Electoral Commission.
The information referred to in subsection (1) is the fact of the death, together with any particulars known to the Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995 that may be required to enable the Electoral Commission—
1. to determine the electoral district in which the deceased person resided; and
2. to take appropriate steps in relation to the roll and other records.

Subpart 5. Marriage or civil union of registered elector

93. Notification of marriages and civil unions

In this section, Registrar-General means the Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995.
As soon as is reasonably practicable after the registration of a marriage under Part 7 of the Births, Deaths, Marriages, and Relationships Registration Act 1995, or the registration of a civil union under Part 7A of that Act, the Registrar-General must provide to the Electoral Commission the following information in respect of each of the parties to the marriage or civil union:
1. full name:
2. date of birth:
3. usual residential address:
4. date of marriage or civil union.
Subsection (4) applies if a party to the marriage or civil union is—
1. registered as an elector of any district; or
2. a person who has applied under section 82(2) for registration as an elector.
The Electoral Commission must—
1. send to the party to the marriage or civil union a notice asking for details of any changes resulting from the marriage or civil union that may be required to the name, address, and occupation under which he or she is registered on the roll; and
2. if a change is required, amend the roll in accordance with the details supplied.
If an amendment to the roll is required under subsection (4) and the amendment does not appear on the main or supplementary roll printed for any election, the person is, if otherwise qualified, entitled to vote at the election under his or her former name as it appears on the roll.

Subpart 6. Change of name of registered elector

94. Notification of change of name

This section applies if a person registers a change of his or her name under section 21B of the Births, Deaths, Marriages, and Relationships Registration Act 1995.
The Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995 must provide to the Electoral Commission the following information for the purposes of determining whether any change is required to the name and address under which that person is registered on the roll:
1. the old name and the new name of the person; and
2. the person’s date of birth; and
3. the person’s full residential address.

Subpart 7. Confirmation of change of name, address, or other particulars

94A. Confirmation of change of name, address, or other particulars

This section applies if the Registrar, in accordance with this Act, amends, in relation to any person whose name appears on the roll, any of the following particulars:
1. the place of residence of the person, following a change of residence within an electoral district; or
2. the name of the person; or
3. any other particulars of a kind specified in section 83(2)(d), (g), or (h).
The Registrar must, not later than 14 days after the roll is amended, deliver to that person personally, or send to that person by post, notice in writing of the amendment of the particulars on the roll.

Subpart 8. Objections to registration

95. Elector’s objection

Any elector may at any time object to the name of any person being on the roll for any district on the ground that that person is not qualified to be registered as an elector of that district.
Every such objection—
1. shall be made in writing to the Registrar for the district; and
2. shall specify—
  1. the name of the objector; and
  2. sufficient particulars to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection.
Where the Registrar considers that the particulars included in an objection are insufficient to inform the person objected to of the ground for the objection or the reason or reasons supporting that ground, the Registrar shall by written notice require the objector to provide within 14 days of the giving of the notice such further particulars as the Registrar thinks fit.
Where any objector fails to comply with a notice given under subsection (3), the Registrar shall give a second such notice to the objector and, if the objector fails to comply with the second such notice, the Registrar shall take no further action in relation to the objection and shall notify the objector accordingly.

95A. Notice of elector’s objection

Subject to subsections (3) and (4) of section 95, the Registrar shall, on receipt of an objection under section 95, forthwith serve on—
1. the person objected to; or
2. the person who, under section 12(1) of the Protection of Personal and Property Rights Act 1988, is the welfare guardian for the person objected to; or
3. the attorney appointed by the person objected to under an enduring power of attorney,—
notice in writing of the objection, which notice shall include both the name of the objector and the particulars specified by the objector (being particulars sufficient to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection).
Any notice issued under subsection (1) shall be served personally in accordance with the rules governing personal service contained in the District Courts Rules 1992.
The notice issued by the Registrar under subsection (1) shall also inform the person objected to—
1. that he or she may forward to the Registrar a statement signed by him or her giving reasons why his or her name should be retained on the roll; and
2. that his or her name will be retained on the roll if he or she provides the Registrar with evidence that satisfies the Registrar that the name of the person objected to should be retained on the roll; and
3. that if he or she fails to forward a statement to the Registrar within 14 days after the day on which that notice is served on the person objected to, the Registrar will, under section 95B, remove from the roll the name of the person objected to.
Where, after making such inquiry as he or she thinks fit, or the Electoral Commission directs, the Registrar is unable, after making at least 2 attempts to do so, to serve the notice of objection on that person personally, the Registrar shall remove the name of that person from the roll and include the name in the dormant roll maintained under section 109.

95B. Power to remove name from roll

Where, within 14 days after the day on which a notice under section 95A(1) or section 96(2) is served on the person objected to,—

the person objected to; or
the person who, under section 12(1) of the Protection of Personal and Property Rights Act 1988, is the welfare guardian for the person objected to; or
the attorney appointed by the person objected to under an enduring power of attorney,— either fails to provide evidence of eligibility to be on the roll or notifies the Registrar that he or she consents to the removal from the roll of the name of the person objected to, the Registrar shall, unless the objection has been withdrawn by the objector, remove from the roll the name of the person objected to and shall notify the parties accordingly.

95C. Power to retain name on roll

Where, within 14 days after the day on which a notice under section 95A(1) or section 96(2) is served on the person objected to,—

the person objected to; or
the person who, under section 12(1) of the Protection of Personal and Property Rights Act 1988, is the welfare guardian for the person objected to; or
the attorney appointed by the person objected to under an enduring power of attorney,—

provides the Registrar with evidence that satisfies the Registrar that the person objected to is qualified to be on the roll, the name of the person objected to shall be retained on the roll and the Registrar shall notify the parties accordingly.

95D. Reference of elector’s objection to District Court

Unless,—
1. within 14 days after the day on which a notice under section 95A(1) or section 96(2) is served on the person objected to, the objection is withdrawn; or
2. the name of the person who is objected to is removed from the roll under section 95B or retained on the roll under section 95C,— the Registrar shall refer the objection to a District Court, and shall notify the parties of the time and place appointed for the hearing.
Subject to subsection (3), where any party notifies the Registrar that the party is dissatisfied with a decision of the Registrar made under section 95B or section 95C, the Registrar shall refer the objection to a District Court, and shall notify the parties of the time and place appointed for the hearing.
Any notification given by a party under subsection (2) shall be in writing and shall be given within 14 days after the day on which the party is notified by the Registrar under section 95B or section 95C, as the case may be.

96. Registrar’s objection

The Registrar for any district may at any time object to the name of any person being on the roll for the district on the ground that the person is not qualified to be registered as an elector of that district.
The Registrar shall forthwith give to—
1. the person objected to; or
2. the welfare guardian appointed for the person objected to under section 12(1) of the Protection of Personal and Property Rights Act 1988; or
3. the attorney appointed by the person objected to under an enduring power of attorney,—
notice in writing of the objection and of such particulars of the objection as are sufficient to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection.
The notice issued by the Registrar under subsection (2) shall be served personally in accordance with the rules governing personal service contained in the District Courts Rules 1992.
The notice issued by the Registrar under subsection (1) shall also inform the person objected to—
1. that he or she may forward to the Registrar a statement signed by him or her giving reasons why his or her name should be retained on the roll; and
2. that his or her name will be retained on the roll if he or she provides the Registrar with evidence that satisfies the Registrar that the name of the person objected to should be retained on the roll; and
3. that if he or she fails to forward a statement to the Registrar within 14 days after the day on which that notice is served on the person objected to, the Registrar will, under section 95B, remove from the roll the name of the person objected to.
Where, after making such inquiry as he or she thinks fit, or as the Electoral Commission directs, the Registrar is unable, after making at least 2 attempts to do so, to serve notice of objection on that person personally, the Registrar shall remove the name of that person from the roll and include the name in the dormant roll maintained under section 109.
Nothing in this section affects the provisions of this Act as to the removal of names from the roll by the Registrar.

97. Procedure on reference of application or objection to District Court

The following provisions of this section shall apply with respect to proceedings on the reference to a District Court of an objection under section 95 or section 96.
The Registrar of Electors, any objector, and the person objected to may appear before the court either in person or by some person appointed by him or her in writing or by a barrister or solicitor.
In the case of an objection, the person objected to may forward to the Registrar of the court a statement signed by him or her giving reasons why his or her name should be retained on the roll, and the court shall take any such statement into account in determining the objection.
If a person objected to has a physical or mental impairment, that person’s representative may sign and forward to the Registrar a statement giving reasons why the person’s name should not be removed from the roll.
If any person objected to does not either appear or forward a statement as aforesaid, the court shall make an order that his or her name be removed from the roll.
Except as otherwise provided in this section, the name of any person objected to shall not be removed from the roll until the objection has been determined.
At the hearing of an objection no grounds of objection shall be taken into account except those specified in the particulars of the objection.
In any proceedings to which this section applies the court may make such order as to costs as the court thinks fit.
Subject to the provisions of this section, the ordinary rules of procedure of the court shall apply.
The Registrar of Electors shall make any additions, deletions, and alterations to the roll that may be necessary to give effect to the order of the court.

Subpart 9. Removal of names from roll and alterations to roll

98. Removal of names from roll by Registrar

Subject to subsection (6), the Registrar shall remove from the roll—
1. the name of every person who, consequent on a change in his or her place of residence,—
  1. is not qualified to be registered as an elector of the district; and
  2. resides in, and is registered as an elector of, another district:
2. the name of every person of whose identity the Registrar is satisfied and whose death has been notified to the Registrar—
  1. by any Registrar of Births and Deaths; or
  2. by the father, mother, or spouse, civil union partner, or de facto partner of that person or by a sister or brother of that person:
3. [Repealed]
4. the name of every person who, as a result of an inquiry made at that person’s address on the roll, the Registrar of Electors has reason to believe has ceased for 1 month or upwards to reside in the district:
5. the name of every person whose name is entered on the Corrupt Practices List made out for any district:
6. the name of every person whose disqualification under section 80—
  1. is duly certified to the Registrar; or
  2. is duly notified to the Registrar under section 81:
7. the name of every person who, being a Maori,—
  1. has indicated his or her choice, pursuant to section 78, to be registered as an elector for a different type of electoral district; or
  2. is registered in contravention of section 79:
8. where the roll is for a Maori electoral district, the name of every person who is not a Maori:
9. the name of every person who has been registered for the district—
  1. by mistake; or
  2. by clerical error; or
  3. as a result of false information.
Notwithstanding anything in this Act, the Registrar, on being satisfied that the name of any person has been omitted or removed from the roll—
1. by mistake; or
2. by clerical error; or
3. as a result of false information,—
may place the name of that person on the roll at any time or restore the name of that person to the roll at any time.
In addition to other powers of alterations conferred by this Act, the Registrar may at any time, subject to subsection (6), alter the roll—
1. by correcting any mistake or omission in the particulars of the enrolment of a person:
2. by striking out the superfluous entry when the name of a person appears more than once on the roll.
Where—
1. a person has been registered as an elector of a district other than the district in which the person should have been registered; and
2. the person’s name has, pursuant to subsection (1)(h) or subsection (1)(i), been removed from the roll of the district for which the person was correctly registered,-
the Registrar of the district in which the person should have been registered may, subject to subsection (6), place that person’s name on the roll for that district.
Where, pursuant to this section, the name of a person is removed from the roll in the period commencing on the day after writ day and ending on the day before polling day, the Registrar shall, on removing that name, enter it on a list to be known as the list of post-writ day deletions.
No alteration pursuant to this section shall be made to the roll for a district in the period beginning on polling day and ending on the day after the day of the return of the writ.

99. Notice of alterations to roll

Where, pursuant to any of the provisions of paragraphs (c) to (i) of section 98(1), the name of a person is removed from the roll, the Registrar shall, in accordance with subsection (3) or subsection (4), deliver or send to that person, notice in writing of the removal of that person’s name from the roll.
Where the name of a person (being a name which, pursuant to section 98(1)(h) or section 98(1)(i), has been removed from a roll) is entered, pursuant to section 98(4), on another roll, the Registrar who enters that person’s name on that other roll shall, in accordance with subsection (3) or subsection (4), deliver or send to that person notice in writing of the entry of that person’s name on that other roll.
Subject to subsection (4), the notice required by subsection (1) or subsection (2)—
1. shall be delivered to the person personally or sent to the person by post; and
2. shall be so delivered or sent not later than 14 days after the date on which,—
  1. where the notice is required by subsection (1), the person’s name is removed; or
  2. where the notice is required by subsection (2), the person’s name is entered.
Where the name of a person is removed or entered, as the case may be, in the period beginning on the day after writ day and ending on the day before polling day, the notice required by subsection (1) or subsection (2) shall forthwith be delivered to that person personally.

100. Corrupt Practices List

Where it is proved before the Registrar for any district that any person who is registered or who applies for registration as an elector of the district has, within the immediately preceding period of 3 years,—
1. been convicted of a corrupt practice; or
2. been reported by the High Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice,—
the Registrar shall enter the name, residence, and description of that person and particulars of the conviction or report on a list to be called the Corrupt Practices List.
The Registrar shall remove the name of every person from the Corrupt Practices List at the expiration of 3 years from the date of the conviction or report in respect of which his or her name is entered on the list, or sooner if so ordered by the High Court.
Whenever a main roll is printed for the district, a copy of the Corrupt Practices List for the district shall be appended to it and printed and published with it.
Whenever a supplementary roll is printed for the district, a copy of so much of the Corrupt Practices List as has not been printed with the main roll or any existing supplementary roll for the district shall be appended to the supplementary roll and printed and published with it.

Subpart 10. Electoral rolls

101. Electoral rolls

Where a notice is gazetted under section 40(1)(b) or section 45(9)(b), the Electoral Commission shall—
1. decide, on the basis of the then existing rolls, which of the electors are entitled to be registered as electors of each electoral district whose boundaries are fixed by the report to which the notice relates; and
2. compile for each electoral district whose boundaries are fixed by the report to which the notice relates a list of persons appearing to be entitled to be registered as electors of that electoral district (in this section called the compiled list).
For the purposes of any inquiry under section 89D which is considered before the dissolution or expiration of the Parliament in existence when any list is compiled pursuant to subsection (1)(b), the compiled list shall be the electoral roll for the district to which it relates.
For the purposes of the printing of the main rolls and the supplementary rolls, each compiled list shall, if the Electoral Commission so directs, be the electoral roll for the district to which it relates.
Where a compiled list is, under subsection (2) or subsection (3), the electoral roll for the district to which it relates, that electoral roll shall come into force on the dissolution or expiry of the then existing Parliament.
The compiled lists shall be compiled immediately before—
1. the next succeeding inquiry under section 89D; or
2. the printing of the main rolls (where the Electoral Commission directs that, for the purposes of the printing of the main rolls and the supplementary rolls, each com- piled list shall be the electoral roll for the district to which it relates),—
whichever is the earlier.
Every roll to which subsection (4) applies, as it may be updated from time to time following an inquiry under section 89D, continues in force until a new roll for the district is compiled and comes into force.
The Registrar shall keep every roll to which subsection (4) applies up to date by making all such additions, alterations, and deletions as become necessary.

102. Maintenance of rolls being replaced

Where the Electoral Commission has compiled the lists referred to in section 101(1)(b), the respective Registrars of Electors shall not be obliged to keep up to date the rolls for the districts that were in existence immediately before the gazetting under section 40(1)(b) or section 45(9)(b) of the notice that immediately preceded the compilation of those lists.
Notwithstanding subsection (1), the Electoral Commission shall ensure that each Registrar of a district to which that subsection applies has available to him or her, until the roll for that district ceases to be in force, all information necessary to enable him or her to bring his or her roll up to date in the event of a by-election in that district (which information may include or consist of photocopies of original documents).
Where a by-election is to take place in a district to which subsection (1) applies, the Registrar of that district shall cause an up to date composite roll for the district to be closed and printed as at writ day for the by-election.
Where a by-election has taken place in a district to which subsection (1) applies, the Registrar of that district shall, after the time allowed for the filing of an election petition in respect of the by-election has expired or, where an election petition is filed in respect of that by-election, after that election petition has been finally disposed of, send to other Registrars of Electors such of the original applications for registration as electors held by him or her as the Electoral Commission specifies.

103. Rolls where Parliament dissolved after change of boundaries and before new rolls completed

Where a Parliament is dissolved in the period between the gazetting of a notice under section 40(1)(b) or section 45(9)(b) and the completion of the compilation of the rolls pursuant to section 101, the Electoral Commission shall—
1. comply with paragraphs (a) and (b) of section 101(1); and
2. direct which of the applications for registration as electors which constituted the rolls of the electoral districts that were defined immediately before the report to which that notice relates took effect shall be sent to the respective Registrars of the electoral districts fixed by that report.
Subject to subsection (3), each list compiled under section 101(1)(b) (as applied by subsection (1)(a) of this section) shall be the electoral roll for the district to which it relates and shall come into force as soon as it is compiled.
The applications for registration sent, pursuant to a direction under subsection (1)(b), to the Registrar of an electoral district shall, on being received by that Registrar, constitute the electoral roll for the district and the electoral roll specified in subsection (2) shall (without its status as a main roll being affected) then cease to have effect as the electoral roll for the district.
Every electoral roll to which subsection (3) applies, as it may be updated from time to time following an inquiry under section 89D, continues in force until a new electoral roll for the district is compiled and comes into force.
The Registrar shall keep every electoral roll to which subsection (2) or subsection (3) applies up to date by making all such additions, alterations, and deletions as become necessary and any additions, alterations, and deletions made to an electoral roll to which subsection (2) applies shall be incorporated, where necessary, in the electoral roll which supersedes it by virtue of subsection (3).

104. Main roll to be printed

The Registrar for every district shall, at least once in each year, cause to be printed a main roll for the district, which shall contain a list of all persons whose names are lawfully on the electoral roll for the district on a date to be fixed for the closing of the main rolls.
The date to be fixed for the purposes of subsection (1) shall,—
1. in the case of a year in which Parliament is due to expire, be fixed by the Governor-General by Order in Council published in the Gazette; and
2. in the case of any other year, be fixed by the Electoral Commission by notice in the Gazette.
Every main roll printed for any district under this section shall be the main roll for the district until a new main roll is printed for the district.

105. Supplementary rolls to be printed

The Registrar for every district shall from time to time cause to be printed a supplementary roll for the district, which shall contain a list of all persons whose names do not appear on the main roll or any existing supplementary roll for the district but are lawfully on the electoral roll for the district on a date to be fixed for the closing of that supplementary roll by the Electoral Commission:provided that a supplementary roll shall be printed as soon as may be after the issue of a writ for an election in the district, and the date for the closing of that roll shall be writ day.
Every supplementary roll printed for any district under this section shall be a supplementary roll for the district until a new main roll is printed for the district.

106. Form of main roll and supplementary rolls

Every main roll or supplementary roll printed for any district shall show the names, residences, and occupations (if any) of the persons included therein, arranged alphabetically in order of surnames.
The names on each page of the main roll and of every supplementary roll printed for any district shall be numbered consecutively, beginning with the number 1 in the case of the first name on each page.
The pages of every main roll or supplementary roll printed for any district shall be numbered consecutively, beginning with the number 1 in the case of the first page of the main roll and, in the case of a supplementary roll, with the number immediately following the number of the last page of the last printed roll of the district, whether main or supplementary.
The number appearing on the main roll or, as the case may be, on any supplementary roll printed for any district against the name of any elector, preceded by the number of the page on which his or her name appears, shall be deemed to be his or her number on the roll.
With the consent of the Government Statistician, the Registrar may divide the main electoral roll and every supplementary roll into such statistical subdivisions, as the Government Statistician approves.

107. Composite rolls

The Registrar of Electors for any district may from time to time cause to be printed a composite roll for the district, which roll—
1. shall, subject to any additions, alterations, and deletions made to the electoral roll for the district, contain a list of—
  1. all persons whose names appear on the main roll for the district; and
  2. all persons whose names appear on any existing supplementary roll for the district; and
  3. all persons whose names do not appear on the main roll for the district or any existing supplementary roll for the district but are lawfully on the electoral roll for the district on a date to be fixed for the closing of that composite roll by the Electoral Commission; and
2. shall, subject to paragraph (a), be printed in the manner prescribed by section 106 in respect of a main roll.
Notwithstanding anything in subsection (1), in the case of a by-election in any district, the Registrar of Electors for that district shall cause a composite roll for that district to be closed and printed as at writ day for the by-election.
Where the date for the closing of a composite roll for a district is writ day in relation to an election in that district, the Registrar of Electors—
1. shall cause the composite roll to be printed as soon as may be after the issue of the writ for the election; and
2. shall not be obliged to issue a supplementary roll for the district under the proviso to section 105(1) in relation to that election.
Where a composite roll for a district is printed under this section,—
1. the composite roll shall, notwithstanding section 104(3), be the main roll for the district until a new main roll is printed for the district under section 104(1) or a new composite roll is printed for the district under this section; and
2. the main roll and any supplementary rolls that were in force for the district immediately before the date of the closing of the composite roll shall cease to be in force.
Nothing in this section—
1. limits the provisions of section 104(1); or
2. prevents any main roll or supplementary roll that is no longer in force from being examined for the purpose of determining—
  1. whether any person’s name should appear on the main roll or any supplementary roll for the time being in force for any district; or
  2. whether any person is qualified to vote in any district as a special voter.

108. Habitation indexes

The Electoral Commission—

may from time to time compile in respect of any electoral district a habitation index—
1. listing, in accordance with their residential addresses, the electors who reside in that electoral district; and
2. showing, against the name of each elector, the number of the elector on the main roll, or, as the case may be, on any supplementary roll for that electoral district; and
shall, as soon as practicable after the printing of a main roll for an electoral district, compile a habitation index under paragraph (a) in respect of that district.

109. Dormant roll

The Registrar must maintain a dormant roll showing the particulars of those persons whose names have been removed from the roll for the district—
1. under section 89G; or
2. as a result of the removal of the name of that person from the roll under section 95A(4) or section 96(5).
The Registrar must remove the name of a person from the dormant roll on the first occurrence of any of the following events:
1. in the case of a person whose name has been removed from the electoral roll under section 89G, when the person registers as an elector of any district; or
2. in the case of a person whose name has been removed from the electoral roll under section 95A(4) or section 96(5), when the person registers as an elector of any district; or
3. in the case of a person who dies, when the Registrar is satisfied of the identity of the person and the death has been notified to the Registrar—
  1. by any Registrar of Births and Deaths; or
  2. by the father, mother, spouse, civil union partner, de facto partner, sister, or brother of the person; or
  3. by the administrator of the estate of the person; or
4. the expiration of the period of 3 years beginning with the date on which the person’s name was placed on the dormant roll.
The Registrar must keep, for the purposes of the next election to be held in the district to which the dormant roll relates, a copy of the dormant roll as it exists on the day before polling day.
The Registrar must from time to time cause to be printed a computer-compiled list showing, in relation to each person whose name appears on the dormant roll, the person’s name and place of residence.
The dormant roll as it exists on the day before polling day may be used for the purpose of determining whether any person is qualified, under section 60(c) or (d), to vote at any election held in the district to which the roll relates.

110. Public inspection of rolls, etc

A copy or copies of—
1. the main roll and of the supplementary rolls for any district; and
2. the latest index compiled under section 108 in respect of the electoral district; and
3. the most recent computer-compiled list printed pursuant to section 109(5) for the electoral district—
shall be kept for inspection by the public at the Office of the Registrar of Electors, and at such other places within the district as the Electoral Commission directs.
Any direction given by the Electoral Commission may be given in respect of any or all of the categories of documents specified in subsection (1).
Any person may inspect at the Registrar’s office, without payment, at any time between 9 am and 4 pm on any day on which the office is open for the transaction of business,—
1. the documents specified in subsection (1):
2. the most recent computer-compiled list which is held by the Registrar and which shows the names and particulars of the persons who are on the roll for the district:
3. the names and particulars of any person whose name is on the electoral roll but not on the main roll or any supplementary roll or the most recent computer-compiled list to which paragraph (b) applies:
4. the application of any person who has applied to be registered as an elector of the district but who is prevented, by section 88, from being registered as an elector of the district:
5. his or her own application for registration as an elector:
6. the application for registration of any person whose name is on the electoral roll if—
  1. that person consents to his or her application being inspected; or
  2. the Registrar is satisfied that the inspection of the application is justified by a genuine and proper interest:
7. the list of post-writ day deletions referred to in section 98(5).
In the case of—
1. the computer-compiled list printed pursuant to section 109(5); and
2. the computer-compiled list referred to in subsection (3)(b)—
neither the power of inspection conferred by subsection (3) nor the power to inspect the list when it is made available for public inspection under section 111 includes the power to copy the list.
Any person may, on paying the prescribed fee, obtain a copy of—
1. the main or supplementary roll for a district:
2. an index compiled under section 108.
Regulations made under section 267—
1. may prescribe a scale of fees for the purposes of subsection (5); and
2. shall provide for any fee payable under subsection (5) to be reduced wherever the copy of the roll or index is required for any purpose relating to an election or poll.
Where any person is entitled, pursuant to any provision of paragraphs (d) to (f) of subsection (3), to inspect any application, the Registrar shall produce that application for inspection not later than 2 working days after a request has been made.
Where land in a General electoral district is included within the boundaries of a Maori electoral district, a copy of the most recent computer-compiled list printed pursuant to section 109(5) in respect of the Maori electoral district shall be kept open for inspection by the public at the office of the Registrar of the General electoral district as well as at the office of the Registrar of the Maori electoral district.

111. Inspection of rolls at hui

Subject to subsection (2), the Electoral Commission shall, at the request of any person, make available for public inspection, under the supervision of any Registrar of Electors or person nominated by the Electoral Commission, at any meeting or hui—
1. the main roll and the supplementary rolls kept for any district:
2. the most recent computer-compiled list which is held by the Registrar of Electors for any district and which shows the names and particulars of the persons who are on the roll for the district:
3. any computer-compiled list printed pursuant to section 109(5).
A request made under subsection (1) shall not be granted unless the Electoral Commission is satisfied that a large number of persons are likely to attend the meeting or hui in respect of which the request is made.
Where a roll or list is made available for public inspection under subsection (1), the roll or list shall be made available at such times and places as the Electoral Commission thinks fit.

111A. Objectives of sections 111B to 111F

The objectives of sections 111B to 111F are—

to enable specified electoral information in relation to any Maori elector, with the consent of that Maori elector, to be used to facilitate the establishment and maintenance of accurate and comprehensive registers of iwi affiliations; and
to ensure that registers of iwi affiliations are established and maintained by a body which—
1. is accountable to the organisations to which it is authorised to supply information; and
2. is financially viable and well managed; and
3. manages information in compliance with the requirements of this Act and the Privacy Act 1993; and
4. makes iwi affiliation information available to iwi organisations and other Maori organisations at a reasonable cost; and
5. except as required for the purpose of establishing and maintaining the register or registers of iwi affiliations, does not create or maintain information on whakapapa; and
to enable information from a register of iwi affiliations to be supplied to iwi organisations and other Maori organisations for the purposes of those organisations; and
to leave unaffected—
1. any right of an iwi organisation or other Maori organisation or court to determine whether any person claiming affiliation with the organisation is so affiliated; or
2. any right of a person to claim an affiliation with a particular iwi organisation or other Maori organisation or to approach the iwi organisation or other Maori organisation with which that person claims affiliation.

111B. Interpretation of terms in sections 111C to 111F

For the purposes of sections 111C to 111F,—

designated body means the person or body of persons from time to time designated under section 111E

Maori elector means a person registered as an elector who has given written notice to a Registrar that the person is of Maori descent

register of iwi affiliations means a list or lists of persons of Maori descent and their iwi affiliations, together with the information described in section 111C(2) in respect of those persons.

111C. Electoral Commission may seek consent of Maori electors to supply of information to designated body

The Electoral Commission may seek the consent of any Maori elector to the supply by the Electoral Commission from time to time of the particulars described in subsection (2) to the designated body for the purpose of establishing and maintaining a register or registers of iwi affiliations.
The particulars referred to in subsection (1) are—
1. the elector’s name, including first names, surname, and preferred honorific (if any):
2. the elector’s postal address, email address (if any), and contact telephone numbers (if any):
3. the elector’s date of birth:
4. any randomly generated number assigned to that elector by the Electoral Commission.
The Electoral Commission may ask a Maori elector—
1. whether the Maori elector consents to the supply of his or her iwi affiliation information to the designated body for the purpose of establishing and maintaining a register or registers of iwi affiliations; and
2. if the answer under paragraph (a) is in the affirmative,—
  1. to give his or her iwi affiliation information; and
  2. if the elector wishes, to specify the iwi organisation or organisations or other Maori organisation or organisations to which the elector’s iwi affiliation information may be supplied by the designated body.
Despite subsections (1) and (3), the Electoral Commission must not seek the consent under this section of a person in respect of whom the Electoral Commission has given a direction under section 115.
If the Electoral Commission seeks the consent of a person under this section, the Electoral Commission must advise the person of the provisions of section 111D(4) and section 111F(1) to (4).
If the Electoral Commission seeks the consent of a person under subsection (1), the Electoral Commission must advise the person that a consent given under that subsection may be withdrawn at any time.
The Electoral Commission—
1. may hold iwi affiliation information obtained in response to a request under subsection (3) only for such time as is reasonable for the purpose of forwarding that information to the designated body; and
2. must not retain any of that iwi affiliation information.

111D. Electoral Commission may supply information to designated body

The Electoral Commission may supply the information described in subsection (2) to the designated body if—
1. the Electoral Commission has obtained the consent of a Maori elector under section 111C(1) (and that consent has not been withdrawn); and
2. the Electoral Commission has under section 111C(3) obtained the consent of a Maori elector to the supply of the iwi affiliation information of that elector.
The information referred to in subsection (1) is—
1. the particulars of the elector described in section 111C(2); and
2. the elector’s iwi affiliation information; and
3. if, under section 111C(3)(b)(ii), the elector specified a particular organisation or organisations to which the iwi affiliation information may be supplied, the name of that organisation or those organisations.
The Electoral Commission may charge a reasonable fee for the supply of information to the designated body under this section.
Information supplied under this section is supplied for the purpose of enabling the designated body to—
1. establish and maintain a register or registers of iwi affiliations; and
2. supply the information on that register or registers to any organisation to which it is authorised to supply that information under section 111F.
Except as required for the purpose described in subsection (4), the designated body must not use the information supplied to it under this section to create or maintain information on the whakapapa of any Maori elector.

111E. Ministers of Justice and Maori Affairs may designate body to receive information

The Minister of Justice and the Minister of Maori Affairs may, by notice in the Gazette, designate any person or body of persons (whether corporate or unincorporate) as suitable to receive the information described in subsection (2) for the purpose of establishing and maintaining a register or registers of iwi affiliations.
The information referred to in subsection (1) is—
1. information described in section 111C(2); and
2. information described in section 111C(3)(b).
The Minister of Justice and the Minister of Maori Affairs must not designate a person or body of persons under subsection (1) unless the Ministers are satisfied that—
1. the person or body of persons has adequate procedures in place to ensure that it is accountable to the organisations to which it is authorised to supply information under section 111F; and
2. the person or body of persons is financially viable and can demonstrate prudent and adequate management policies and practices, including in matters of financial management; and
3. the person’s or body of persons’ information management policies and practices are adequate to ensure compliance with this Act and the Privacy Act 1993; and
4. the person or body of persons has the ability to fund the establishment and maintenance of the register of iwi affiliations; and
5. the person or body of persons meets any other criteria that may be specified in regulations made under section 267(c).
The Minister of Justice and the Minister of Maori Affairs may, at any time, by notice in the Gazette, revoke a designation made under subsection (1).

111F. Designated body may supply information from register of iwi affiliations to iwi organisation and other Maori organisation

The designated body may supply the information in relation to a particular Maori elector that is held on a register of iwi affiliations—
1. if the Maori elector has specified a particular organisation or organisations under section 111C(3)(b)(ii), to that organisation or organisations; or
2. in any other case, to any iwi organisation or organisations or other Maori organisation or organisations that the designated body is satisfied represents the iwi to which the Maori elector claims an affiliation.
If the designated body is satisfied that iwi affiliation information given by a Maori elector under section 111C(3)(b)(i) contains a spelling error or other obvious mistake, but the designated body is satisfied that it is clear to which iwi the Maori elector was referring, the designated body may apply subsection (1) as if the elector had specified that iwi.
If the designated body is satisfied that the name of an organisation or organisations specified by a Maori elector under section 111C(3)(b)(ii) contains a spelling error or other obvious mistake, but the designated body is satisfied that it is clear to which organisation or organisations the elector was referring, the designated body may apply subsection (1) as if the elector had specified that organisation or organisations.
Information supplied under this section is supplied for the purposes of the iwi organisation or other Maori organisation to which it is supplied.
Any fee charged by the designated body for the supply of information under this section must be a reasonable fee.

112. Supply of information on age and Maori descent

Any person may, in the manner specified in subsection (3), request the Electoral Commission to provide to that person,—
1. for the purposes of research conducted by that person on a topic that relates to a scientific matter,—
  1. a list of electors in a particular age group as defined in section 114(9); or
  2. a list of electors of Maori descent; or
2. for the purposes of research being conducted by that person on a topic that relates to human health,—
  1. a list of electors whose birthdays fall within a period of 12 months; or
  2. a list of electors of Maori descent.
Every list supplied pursuant to a request under subsection (1) shall specify, in relation to each elector on that list, his or her name, postal address, residential address, occupation (if any), preferred honorific (if any), and meshblock.
Any request made under subsection (1) may seek information about electors appearing to be entitled to vote in—
1. 1 or more named electoral districts; or
2. all electoral districts; or
3. 1 or more named regions or constituencies of a region; or
4. 1 or more named territorial authority districts; or
5. 1 or more named wards; or
6. 1 or more named community board areas;—
but shall not include any request for a random sample of electors.
Every list supplied following a request under subsection (1) may be supplied in the form of a computer-compiled list or in electronic form.
The Electoral Commission shall comply with a request under subsection (1) if—
1. the person requesting the list pays the prescribed fee; and
2. the person requesting the list supplies a statement that the list is required for research being conducted by that person on a topic which is specified in the statement and which relates to a scientific matter or to human health; and
3. the statement supplied under paragraph (b) is signed by the chief executive of any department, organisation, or local authority to which the Official Information Act 1982 or the Local Government Official Information and Meetings Act 1987 applies; and
4. the person requesting the list states in a form to be provided by the Electoral Commission that the list is required for the purpose of that person’s research and will not be used for any other purpose; and
5. the Electoral Commission is satisfied that the list should be provided; and
6. if the person requesting the list requires the list to be supplied in electronic form, that person supplies to the Electoral Commission a storage medium for that electronic information that complies with the prescribed requirements.

113. Supply of computer-compiled lists and electronic storage media to local authorities

Subject to this section, if an electoral official of a local authority (as defined in section 5 of the Local Electoral Act 2001) wishes to obtain specified information for the purposes of any election, by-election, or poll that is required by or under any Act, the electoral official is entitled to obtain from the Electoral Commission a computer-compiled list or electronic storage medium containing that information.
For the avoidance of doubt, it is hereby declared that subsection (1) shall not apply where the list or information is required for the purpose of determining whether or not there has been a valid demand for a poll or a survey of electors.
The specified information, which shall be provided free of charge, shall be provided in accordance with any regulations made pursuant to section 267.
Any electronic storage medium supplied by the Electoral Commission must be returned to the Electoral Commission as soon as practicable after use.
Where the specified information is requested for a by-election or poll to be conducted at some time other than a triennial general election, the Electoral Commission may supply only such of the specified information as is relevant to the conduct of the by-election or poll.
If an electoral official requires specified information for any purpose other than a purpose specified in subsection (1), and the latest information already available to the electoral official is not suitable for the purpose, the electoral official may make a special request to the Electoral Commission for the information, which must be supplied subject to, and in accordance with, any regulations made under section 267.
[Repealed]
Regulations made under section 267 may prescribe—
1. fees for the supply of an electronic storage medium by the Electoral Commission in any case; and
2. fees for providing information under this section on an electronic storage medium in any case to which subsection (1) does not apply.
If an electoral official of a local authority (as defined in section 5 of the Local Electoral Act 2001) wishes to obtain, for the purposes of compiling a roll of electors for the local authority and for no other purpose, any specified information, the Electoral Commission may, in accordance with regulations made under this Act, give that electoral official, on payment of the prescribed fee, a computer-compiled list or electronic storage medium containing that information.
Any electoral official of a local authority (as defined in section 5 of the Local Electoral Act 2001) may, on payment of the prescribed fee, and in accordance with regulations made under this Act, obtain from the Electoral Commission a computer- compiled list or electronic storage medium containing specified information, for the purpose of conducting an election for any body, where the Electoral Commission is satisfied that—
1. the body is established by statute or is a corporate or unincorporate body established by a local authority or local authorities or is a body contracted by a local authority or local authorities to provide services to some or all local residents or is a body that provides health services or disability support services or electricity supply or is a trust that owns shares in a body or bodies involved in electricity supply to some or all local residents; and
2. the body has in place procedures for the democratic conduct of its elections; and
3. it is in the public interest that the election be conducted by a local authority.
Nothing in subsection (9A) or subsection (9D) requires a local authority to conduct an election on behalf of any other body but, where a local authority conducts an election for another body, the local authority may impose a charge in respect of the conduct of the election.
Where any officer of a body designated by notice in writing pursuant to subsection (9D) wishes to obtain, for the purpose of compiling a roll of electors for an election and for no other purpose, any specified information, the Electoral Commission may, in accordance with regulations made under this Act, give that officer, on payment of the prescribed fee, a computer-compiled list or electronic storage medium containing that information.
The Minister may, by notice in writing, designate bodies for the purposes of subsection (9C) if the Minister is satisfied that—
1. the body has in place procedures for the democratic conduct of its elections; and
2. it is in the public interest that the elections are conducted using the specified information.
For the purposes of this section, the term specified information means, in respect of each elector appearing to reside in the appropriate area and entitled to vote in the election, by-election, or poll, so much of the following information as is requested by an electoral officer or electoral official or designated body:
1. the elector’s name, including first names, surname, and preferred honorific (if any):
2. the elector’s residential address and postal address (if different):
3. the elector’s occupation (if any):
4. the elector’s electoral district (whether Maori or General):
5. statistical meshblock details:
6. a description of each—
  1. region or constituency of a region; or
  2. territorial authority district; or
  3. ward; or
  4. community board area; or
  5. other local authority and, where appropriate, local authority subdivision,— in respect of which the elector appears to be entitled to vote.

114. Supply of electoral information to candidates, political parties, and members of Parliament

The Electoral Commission must supply to a person specified in subsection (2), on a request made in accordance with this section by that person,-
1. the information described in subsection (3); and
2. if the person so requests, the information described in subsection (4).
The persons referred to in subsection (1) are—
1. any candidate or any person acting on behalf of a political party who wishes to obtain the information for the purposes of the candidate or the political party:
2. any candidate or any person acting on behalf of a political party who wishes to obtain the information for the purposes of the candidate or the political party in connection with any local authority elections:
3. a member of Parliament or person acting on behalf of a member of Parliament who wishes to obtain the information for the purposes of the member of Parliament:
4. [Repealed]
5. any other person 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 relating to electoral matters or the conduct of any general election or by-election.
The information referred to in subsection (1)(a) is—
1. the names, residential addresses, occupations (if any), preferred honorifics (if any), meshblock, and postal addresses of, and any randomly generated number assigned by the Electoral Commission to, any or all of the following persons:
  1. the electors of an electoral district:
  2. the persons whose names are on the dormant roll for an electoral district:
  3. the electors of an electoral district who were registered as electors for that district on or after the date fixed for the closing of the main roll for the district pursuant to section 104, or on or after a date nominated by the applicant, that date being not earlier than the date on which the roll was last closed for printing:
  4. the electors of an electoral district whose names have been removed from the electoral roll for that district on or after a date nominated by the applicant, that date being not earlier than the date on which the roll was last closed for printing; and
2. if the person to whom the information is being supplied is one described in subsection (2)(b), the electors of a local authority district or subdivision of a local authority district.
The information referred to in subsection (1)(b) is,—
1. whether the elector is of Maori descent; or
2. a list of electors of Maori descent; or
3. the age group within which the elector appears; or
4. a list of electors in a particular age group; or
5. any or all of the above.
Information supplied by the Electoral Commission under this section may be supplied—
1. in the form of a computer-compiled list; or
2. in electronic form, including by the giving of remote access to the information by electronic means.
A request for information from a person described in subsection (2)(a), (b), or (c) must,—
1. if the information is sought in electronic form supplied on an electronic storage medium, be accompanied by a storage medium for that electronic information; and
2. be accompanied by the prescribed fee; and
3. be accompanied by a statement, on a form to be provided by the Electoral Commission, by the person seeking the information that the information is required for purposes permitted by this section and will not be used for any purpose other than those for which it is supplied.
A request for information from a person described in subsection (2)(d) or (e) must, if the information is sought in electronic form supplied on an electronic storage medium, be accompanied by a storage medium for that electronic information.
Regulations made under section 267 may prescribe fees, or a scale of fees, for the supply of computer-compiled lists and electronic storage media by the Electoral Commission to any person under this section, and for the giving of remote access to the information by electronic means.
For the purposes of this section and section 112(1)(a),—
- age group means, in relation to electors, those whose birthdays fall within a period of 5 years (being the first half or the second half of a decade)
  
  decade means a period of 10 years that begins with a year that is divisible, without remainder, by 10.

114A. General provision concerning supply of information by Electoral Commission in electronic form

If the Electoral Commission is required in accordance with this Act to supply information in electronic form, the Electoral Commission is only required to supply that information in a form, or using a medium, that is compatible with computer systems being used by the Electoral Commission at the time.

115. Unpublished names

Notwithstanding sections 101, 104, 105, 107, 108, and 110(3)(c) and (d), where the Electoral Commission is satisfied, on the application of any person, that the publication of that person’s name would be prejudicial to the personal safety of that person or his or her family, the Electoral Commission may direct that—
1. the name, residence, and occupation of that person shall not be published in any main or supplementary roll or in any list or index that may be available for inspection by the public; and
2. the name and particulars of that person shall not be available for inspection under section 110(3)(c); and
3. the application for registration of that person shall not be available for inspection under section 110(3)(d).
Without limiting the discretion conferred on the Electoral Commission by subsection (1), the Electoral Commission may on the production of—
1. a protection order that is in force under the Domestic Violence Act 1995 in respect of any person; or
2. a restraining order that is in force under the Harassment Act 1997 in respect of any person; or
3. a statutory declaration from a constable to the effect that he or she believes that the personal safety of a person or of a person’s family could be prejudiced by the publication of that person’s name,—
exercise in respect of that person’s name, and without further evidence or inquiry, the power conferred on the Electoral Commission by that subsection.

Subpart 11. Offences

116. Offences relating to use of electoral information

Every person commits an offence who knowingly and wilfully supplies, receives, or uses information supplied in electronic form, or derived from information supplied in electronic form, under section 112, 113, or 114 for a purpose other than a purpose authorised by those sections.
Every person who commits an offence against this section is liable on conviction,—
1. in the case of information supplied, received, or used for a commercial purpose, to a fine not exceeding $50,000; or
2. in any other case, to a fine not exceeding $10,000.

117. Offences in respect of manipulating or processing electoral information

Every person commits an offence who processes, manipulates, or otherwise changes by optical scanning or other electronic or mechanical means, any information obtained pursuant to section 112 or section 113 or section 114 or contained in any habitation index or any printed roll, in such a way as to produce that information or part of that information in a different form from that in which it was supplied under this Act.
It shall not be an offence against subsection (1) to process, manipulate, or otherwise change information obtained pursuant to any of the provisions of sections 112 to 114 into a different form if—
1. the processing or manipulation is done, or the change is effected, by or on behalf of the person by whom the information was obtained; and
2. the information, in its different form, is used only for purposes authorised by the provision under which it was obtained.
It shall not be an offence against subsection (1) to process, manipulate, or otherwise change information obtained pursuant to any of the provisions of sections 112 to 114 or contained in any habitation index or any printed roll into a different form if the information was obtained under this Act more than 10 years before the date on which the processing or manipulation is done or the change is effected.
Every person who commits a breach of subsection (1) is liable on conviction to a fine not exceeding $50,000.
Every person commits an offence who—
1. uses for any purpose; or
2. supplies to any person—
any information the production of which contravenes subsection (1).
Every person who commits a breach of subsection (5) is liable on conviction,—
1. where the use or supply was for a commercial purpose, to a fine not exceeding $50,000; or
2. where the use or supply was for any other purpose, to a fine not exceeding $10,000.

117A. Offence relating to misuse of electoral information supplied under section 111D

Every person commits an offence who knowingly and wilfully supplies, receives, or uses information of a kind described in section 111C(2) that is provided by, or derived from information provided by, the Electoral Commission under section 111D, for any purpose other than a purpose authorised by section 111D(4) or section 111F(4).
Every person who commits an offence against this section is liable on conviction,—
1. in the case of information supplied, received, or used for a commercial purpose, to a fine not exceeding $50,000; or
2. in any other case, to a fine not exceeding $10,000.

118. False statements

Every person who knowingly and wilfully makes a false statement in any application, certificate, or information supplied for the purposes of this Part is liable on conviction to—

a term of imprisonment not exceeding 3 months; or
a fine not exceeding $2,000.

119. Wilfully misleading Registrar

Every person shall for each offence be liable on conviction to a fine not exceeding $2,000 who—

wilfully misleads any Registrar in the compilation of any roll or list, or wilfully enters or causes to be entered thereon any false or fictitious name or qualification or the name of any person whom he or she knows to be dead:
signs the name of any person, whether requested to do so or not, or any false or fictitious name to any form of application or objection for the purposes of this Part either as applicant, objector, or witness:
signs his or her name as witness to any signature upon any such form of application or objection without either seeing the signature written or hearing the person signing declare that the signature is in his or her own handwriting and that the name so signed is his or her own proper name.

120. Duty to report suspected offences

Where the Registrar believes that any person has committed an offence against section 119, he or she shall report the facts on which that belief is based to the New Zealand Police.

121. Failure to deliver application

Every person shall be liable on conviction to a fine not exceeding $2,000 who, having obtained possession of an application for registration signed by any other person for the purpose of being delivered to the Registrar for registration, wilfully fails so to deliver it so that the applicant’s name is not entered on the roll.

Subpart 12. Miscellaneous provisions

122. Assistance to be given to Registrar

All constables—
1. must, at the Registrar’s request, assist the Registrar by informing him or her of the name of any person whom they have reason to believe is qualified to be registered as an elector but is not registered, or is registered but is not qualified to be registered; and
2. must give the Registrar any information the Registrar requests relating to the qualifications of any person for registration as an elector.
All constables must also assist the Registrar by making such inquiries and obtaining such information as he or she requests.

123. Copies of rolls for Returning Officer

The Registrar shall supply to the Returning Officer for the district—
1. as many copies as he or she may require of the main roll and the supplementary rolls, showing all deletions (except deletions made in the period beginning on the day after writ day and ending on the day before polling day) from the electoral roll and certified correct by the Registrar; and
2. a copy of the list of post-writ day deletions referred to in section 98(5).
Despite section 106, the Electoral Commission may direct Registrars to modify the form of any rolls supplied under this section if that is necessary to facilitate the use of technology for the scrutiny of the rolls under this Act.

124. Power to destroy records

Subject to subsection (3), the Registrar may destroy any of the records described in subsection (2) if—
1. the Registrar considers that the records are no longer required; and
2. 2 general elections have taken place since the records were made.
The records referred to in subsection (1) are records held by the Registrar, being—
1. applications for registration as electors; and
2. forms returned following an inquiry under section 89D; and
3. records forming part of the dormant roll maintained under section 109(1).
Nothing in this section authorises any person to destroy any records if he or she has reason to believe that those records are relevant to an election petition or that the time for bringing an election petition to which those records may be relevant has not expired.
Despite subsections (1) to (3), the Registrar may destroy paper copies of any of the records described in subsection (2) if satisfied that accurate electronic images of those records have been created by or on behalf of the Registrar and are being stored by or on behalf of the Registrar in a manner that ensures that those electronic images are and will be able to be used for the same purposes as the paper copies would, if not destroyed, have been required by the rest of this Act to be able to be used.
A requirement in or under this Act that a paper copy of a record be used for a particular purpose is, after that paper copy is destroyed under subsection (4), satisfied by using for that purpose the accurate electronic image, created and stored under subsection (4), of that paper copy.