Electoral (Administration) Amendment Act 2010
Electoral (Administration) Amendment Act 2010
Electoral (Administration) Amendment Act 2010

Electoral (Administration) Amendment Act 2010
| Public Act | 2010 No 26 |
| Date of assent | 21 May 2010 |
| Commencement | see section 2 |
Contents
Part 1
Amendments to principal Act
Subpart 1—Amendments coming into force on day after Royal assent
4 New sections 4B to 4J inserted
Subpart 2—Amendments coming into force on 1 October 2010
7 New sections 5 to 9 substituted
8 Sections 11A, 11B, 14, and 18 to 20 repealed
9 New sections 20C to 20CC substituted
12 Offence for public servant to sit
14 Other amendments to principal Act
Part 2
Consequential amendments and transitional provisions
Subpart 1—Provisions coming into force on day after Royal assent
16 New Electoral Commission may perform certain functions before 1 October 2010
18 References to Electoral Commission
19 Assets and liabilities of existing Electoral Commission
20 Employees of existing Electoral Commission
21 References to Chief Electoral Officer
22 Assets and liabilities of Chief Electoral Office
23 Employees of Ministry of Justice
24 Terms and conditions of transferred employees
26 Restriction of compensation for technical redundancy
Subpart 2—Provisions coming into force on 1 October 2010
28 Existing Electoral Commission disestablished
29 Appointment of existing Chief Electoral Officer revoked
30 Enforcement of existing rights
31 Responsibility for reports and accounts of existing Electoral Commission from 1 July 2010
Schedule 1
Other amendments to principal Act
Schedule 2
Consequential amendments to principal Act
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Electoral (Administration) Amendment Act 2010.
2 Commencement
3 Principal Act amended
This Act amends the Electoral Act 1993.
Part 1
Amendments to principal Act
Subpart 1—Amendments coming into force on day after Royal assent
4 New sections 4B to 4J inserted
The following sections are inserted after section 4A:
“4B Electoral Commission
-
“(1) This section establishes the Electoral Commission.
“(2) The Electoral Commission is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
“(3) The Crown Entities Act 2004 applies to the Electoral Commission except to the extent that this Act expressly provides otherwise.
“(4) The Electoral Commission established by subsection (1) is not the same body as the Electoral Commission established by section 4.
“4C Objective
The objective of the Electoral Commission established by section 4B is to administer the electoral system impartially, efficiently, effectively, and in a way that—
“(a) facilitates participation in parliamentary democracy; and
“(b) promotes understanding of the electoral system and associated matters; and
“(c) maintains confidence in the administration of the electoral system.
“4D Membership of Electoral Commission
-
“(1) The Governor-General, on the recommendation of the House of Representatives, must appoint 3 members of the Electoral Commission established by section 4B as follows:
“(a) 1 member as the Chief Electoral Officer; and
“(b) 1 member as the chairperson; and
“(c) 1 member as the deputy chairperson.
“(2) The member appointed as the Chief Electoral Officer under subsection (1)(a) is the chief executive of the Electoral Commission.
“(3) The members of the Electoral Commission are the board for the purposes of the Crown Entities Act 2004.
“(4) Subsection (1) applies despite—
“(a) section 28(1)(b) of the Crown Entities Act 2004; and
“(b) clause 1(2) of Schedule 5 of the Crown Entities Act 2004.
“4E Appointment of Judge as member not to affect tenure, etc
The appointment of a Judge as a member of the board of the Electoral Commission established by section 4B does not affect the Judge's tenure of his or her judicial office or the Judge's rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as a Judge (including those in relation to superannuation) and, for all purposes, the Judge's services as a member must be taken to be service as a Judge.
“4F Resignation of member
-
“(1) A member of the Electoral Commission established by section 4B may resign from office by written notice to the Governor-General (with a copy to the Electoral Commission) signed by the member.
“(2) The resignation is effective when the Governor-General receives the notice or at any later time specified in the notice.
“(3) This section applies despite section 44 of the Crown Entities Act 2004.
“Compare: 1988 No 2 s 5C
“4G Power to remove or suspend members
-
“(1) Section 42 of the Crown Entities Act 2004 applies to any member of the Electoral Commission established by section 4B who is a Judge.
“(2) Section 39(1) of the Crown Entities Act 2004 does not apply to any member.
“(3) Instead, any member who is not a Judge may be removed for just cause by the Governor-General acting upon an address from the House of Representatives.
“(4) Just cause has the same meaning as in section 40 of the Crown Entities Act 2004.
“Compare: 1988 No 2 s 6
“4H Filling of vacancy
-
“(1) If a vacancy occurs in the membership of the Electoral Commission established by section 4B, the Governor-General, on the recommendation of the House of Representatives, may appoint a successor.
“(2) Despite subsection (1), if the vacancy exists at the close of a session, or the vacancy occurs while Parliament is not in session, and the House of Representatives has not recommended an appointment to fill the vacancy, the Governor-General in Council may appoint a successor at any time before the commencement of the next session of Parliament.
“(3) An appointment made under subsection (2) lapses, and the office again becomes vacant, unless the appointment is confirmed by the House of Representatives before the end of the 24th sitting day following the date of the appointment.
“Compare: 1988 No 2 s 7
“4I Deputy Electoral Commissioners
-
“(1) The Electoral Commission established by section 4B may, by written notice, appoint an electoral official to be the deputy for an Electoral Commissioner.
“(2) The persons described in section 30(2) of the Crown Entities Act 2004 are disqualified from being appointed as Deputy Electoral Commissioners.
“(3) The notice of appointment must—
“(a) state the date on which the appointment takes effect, which must not be earlier than the date on which the notice is received; and
“(b) state the term of the appointment; and
“(c) be published by the Electoral Commission in the Gazette as soon as practicable after the appointment is made.
“(4) If an Electoral Commissioner becomes incapable of performing his or her functions or duties or exercising his or her powers by reason of illness, absence, or other sufficient cause, the functions, duties, and powers of that Electoral Commissioner may be performed and exercised by his or her deputy.
“(5) Despite subsection (4), a Deputy Electoral Commissioner—
“(a) must not act as chairperson or deputy chairperson of the board of the Electoral Commission; and
“(b) is not eligible to be appointed by the board of the Electoral Commission as a temporary deputy chairperson under clause 5 of Schedule 5 of the Crown Entities Act 2004.
“(6) The Electoral Commission may, at any time, revoke the appointment of any deputy.
“(7) A Deputy Electoral Commissioner is a public servant for the purposes of sections 28(2)(f) and 80(3)(a)(i).
“(8) In subsection (1), electoral official means any person that the Electoral Commission established by section 4B employs or engages for the purpose of assisting with the performance of its functions.
“4J Proceedings of Electoral Commission
The provisions of Schedule 1 apply to the Electoral Commission established by section 4B and to its proceedings.”
-
Subpart 2—Amendments coming into force on 1 October 2010
5 Interpretation
-
(1) Section 3(1) is amended by repealing the definition of Electoral Commission and substituting the following definition:
“Electoral Commission means the Electoral Commission established by section 4B”.
(2) Section 3(1) is amended by repealing the definition of Electoral Commissioner or Commissioner and substituting the following definition:
“Electoral Commissioner or Commissioner means a member of the Electoral Commission”.
(3) Section 3(1) is amended by repealing the definition of electoral official and substituting the following definition:
“electoral official means any person that the Electoral Commission employs or engages for the purpose of assisting with the performance of its functions”.
(4) Paragraph (b)(iii) of the definition of public servant in section 3(1) is amended by omitting
“; but”
and substituting“; and”
.(5) The definition of public servant in section 3(1) is amended by inserting the following paragraphs after paragraph (b):
“(ba) includes an electoral official; but
“(bb) does not include an electoral official who has been appointed as a Deputy Electoral Commissioner or Returning Officer; and”.
6 Sections 4 and 4A repealed
Sections 4 and 4A are repealed.
7 New sections 5 to 9 substituted
Sections 5 to 9 are repealed and the following sections substituted:
“5 Functions
The functions of the Electoral Commission are to—
“(a) carry the provisions of this Act (except those of Part 5) into effect:
“(b) carry out duties in relation to parliamentary election programmes that are prescribed by Part 6 of the Broadcasting Act 1989:
“(c) promote public awareness of electoral matters by means of the conduct of education and information programmes or by other means:
“(d) consider and report to the Minister or to the House of Representatives on electoral matters referred to the Electoral Commission by the Minister or the House of Representatives:
“(e) make available information to assist parties, candidates, and others to meet their statutory obligations in respect of electoral matters administered by the Electoral Commission:
“(f) carry out any other functions or duties conferred on the Electoral Commission by or under any other enactment.
“6 Powers of Electoral Commission
-
“(1) The Electoral Commission may, if it considers that it is necessary for the proper discharge of its functions,—
“(a) initiate, sponsor, and carry out any studies or research:
“(b) make any inquiries:
“(c) consult with any persons or classes of persons:
“(d) publicise, in any manner that it thinks fit, any parts of its work:
-
“(e) provide information and advice on any matter—
“(i) to the Minister for the Minister's consideration:
“(ii) to the Minister for tabling in the House of Representatives:
“(f) request advice, assistance, and information from any government department or any State enterprise as defined in section 2 of the State-Owned Enterprises Act 1986.
“(2) Subsection (1) does not limit sections 16 and 17 of the Crown Entities Act 2004.
“(3) If the Electoral Commission provides any information or advice to the Minister under subsection (1)(e)(ii), the Minister must present the information or advice to the House of Representatives within 5 working days after receiving it or, if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament.
“7 Independence
The Electoral Commission must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—
“(a) this Act; and
“(b) any other enactment that expressly provides for the functions, duties, or powers of the Electoral Commission (other than the Crown Entities Act 2004).
“8 Electoral Commission must report on general election
-
“(1) The Electoral Commission must, within 6 months of the return of the writ after a general election, report in writing to the Minister on the administration of that election, including—
“(a) the services provided to electors to facilitate voting; and
“(b) enrolment and voting statistics; and
“(c) any substantive issue arising during the course of the election; and
-
“(d) any changes that are necessary or desirable in respect of—
“(i) administration processes or practices; or
“(ii) this Act or any other law; and
“(e) any matter that the Minister of Justice asks the Electoral Commission to address; and
“(f) any other matter that the Electoral Commission considers relevant.
“(2) The Minister must present any report received under subsection (1) to the House of Representatives within 5 working days after receiving it or, if Parliament is not in session, as soon as possible after the commencement of the next session of Parliament.
“(3) The Electoral Commission must publish any report made under subsection (1) as soon as practicable after it has been presented to the House of Representatives, but in any case not later than 10 working days after the report is received by the Minister.
“9 Electoral Commission may delegate functions, duties, or powers to non-employees
In addition to the persons listed in section 73(1) of the Crown Entities Act 2004, the Electoral Commission may delegate any of its functions, duties, or powers, either generally or specifically, to any electoral official who is engaged by (rather than employed by) the Electoral Commission.”
8 Sections 11A, 11B, 14, and 18 to 20 repealed
Sections 11A, 11B, 14, and 18 to 20 are repealed.
9 New sections 20C to 20CC substituted
Section 20C is repealed and the following sections are substituted:
“20C Returning Officers may delegate functions, duties, or powers
A Returning Officer may delegate any of his or her functions, duties, or powers, except this power of delegation, to another electoral official.
“20CA Powers of delegate
-
“(1) An electoral official to whom any functions, duties, or powers of a Returning Officer are delegated may, unless the delegation provides otherwise, perform the function or duty or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the electoral official were the Returning Officer.
“(2) An electoral official who purports to perform a function or duty or exercise a power under a delegation from a Returning Officer is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation.
“Compare: 2004 No 115 s 74
“20CB Effect of delegation on Returning Officer
-
No delegation under section 20C—
“(a) affects or prevents the performance of any function or duty or the exercise of any power by the Returning Officer; or
“(b) affects the responsibility of the Returning Officer for the actions of any electoral official acting under the delegation; or
“(c) is affected by any change in the person appointed as Returning Officer.
“Compare: 2004 No 115 s 75
“20CC Revocation of delegations
-
A delegation under section 20C may be revoked at will by—
“(a) the Returning Officer by written notice to the electoral official; or
“(b) any other method provided for in the delegation.
“Compare: 2004 No 115 s 76”.
10 Section 24 repealed
Section 24 is repealed.
11 New section 47A inserted
The following section is inserted after section 47:
“47A Certain persons disqualified from candidacy
The following persons are not qualified to be a candidate or to be elected as a member of Parliament:
“(a) an Electoral Commissioner:
“(b) a Deputy Electoral Commissioner:
“(c) a Returning Officer.”
12 Offence for public servant to sit
-
(1) The heading to section 48 is amended by inserting
“or Returning Officer”
after“public servant”
.(2) Section 48 is amended by inserting
“or having been appointed as a Returning Officer”
after“having become a public servant”
.
13 How vacancies created
Section 55(1) is amended by inserting the following paragraph after paragraph (e):
“(ea) if he or she is appointed as a Returning Officer; or”.
14 Other amendments to principal Act
The principal Act is amended in the manner set out in Schedule 1.
Part 2
Consequential amendments and transitional provisions
15 Interpretation
In this Part, unless the context requires otherwise,—
existing Chief Electoral Officer means the Chief Electoral Officer appointed under section 18 of the principal Act
existing Electoral Commission means the Electoral Commission established by section 4 of the principal Act
new Electoral Commission means the Electoral Commission established by section 4B of the principal Act as inserted by section 4 of this Act
previous employer, in relation to a transferred employee, means the employer of that employee immediately before 1 October 2010
transferred employee means a person who,—
(a) immediately before 1 October 2010, was employed by the Ministry of Justice or the existing Electoral Commission; and
(b) is transferred to the new Electoral Commission under section 20 or 23.
Subpart 1—Provisions coming into force on day after Royal assent
16 New Electoral Commission may perform certain functions before 1 October 2010
Until the close of 30 September 2010, the new Electoral Commission may perform only those functions that are necessary or desirable to bring, or in connection with bringing, the principal Act as amended by this Act into operation.
17 Statement of intent
The existing Electoral Commission is not required to produce a statement of intent for the financial year commencing 1 July 2010.
18 References to Electoral Commission
-
(1) Until the close of 30 September 2010, any reference to the Electoral Commission—
(a) in sections 4B to 4J of the principal Act must be read as a reference to the Electoral Commission established by section 4B of the principal Act; and
-
(b) in the following enactments must be read as a reference to both the Electoral Commission established by section 4 of the principal Act and the Electoral Commission established by section 4B of the principal Act:
(i) Schedule 1 of the Crown Entities Act 2004:
(ii) Part 2 of Schedule 1 of the Ombudsmen Act 1975:
(iii) Schedule 4 of the Remuneration Authority Act 1977; and
(c) in any other enactment must be read as a reference to the Electoral Commission established by section 4 of the principal Act.
(2) On and from 1 October 2010, any reference to the Electoral Commission in any enactment must be read as a reference to the Electoral Commission established by section 4B of the principal Act.
19 Assets and liabilities of existing Electoral Commission
On 1 October 2010, all assets, records, liabilities, and debts of the existing Electoral Commission vest in the new Electoral Commission.
20 Employees of existing Electoral Commission
-
(1) On 1 October 2010, all employees of the existing Electoral Commission are transferred to the new Electoral Commission.
(2) Subsection (1) does not apply to any employee who does not consent to being transferred.
21 References to Chief Electoral Officer
-
(1) Until the close of 30 September 2010, any reference to the Chief Electoral Officer, other than a reference in section 4D of the principal Act, must be read as a reference to the Chief Electoral Officer appointed under section 18 of the principal Act.
(2) On and from 1 October 2010,—
(a) the references to the Chief Electoral Officer in sections 28(2)(c) and 33(4) of the principal Act must be read as references to the Chief Electoral Officer appointed under section 4D(1)(a) of the principal Act; and
(b) any other reference to the Chief Electoral Officer in any enactment must be read as a reference to the Electoral Commission established by section 4B of the principal Act.
22 Assets and liabilities of Chief Electoral Office
-
(1) The Secretary for Justice must identify all assets, records, liabilities, and debts of the Ministry of Justice that, immediately before 1 October 2010, are assets, records, liabilities, and debts used or incurred by the Chief Electoral Office of the Ministry of Justice.
(2) On 1 October 2010, the assets, records, liabilities, and debts identified by the Secretary for Justice under subsection (1) vest in the new Electoral Commission.
23 Employees of Ministry of Justice
-
(1) The Secretary for Justice must identify all permanent employees of the Ministry of Justice who, immediately before 1 October 2010, are appointed to positions within the Chief Electoral Office of the Ministry of Justice.
(2) On 1 October 2010, the employees identified by the Secretary for Justice under subsection (1) are transferred to the new Electoral Commission.
(3) Subsection (2) does not apply to—
(a) the existing Chief Electoral Officer; or
(b) any person appointed as Deputy Chief Electoral Officer under section 19 of the principal Act; or
(c) any employee who does not consent to being transferred.
24 Terms and conditions of transferred employees
-
(1) The employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to the employee immediately before 1 October 2010.
(2) Subsection (1)—
(a) continues to apply to the terms and conditions of employment of a transferred employee until those terms and conditions are varied by agreement between the transferred employee and the new Electoral Commission; but
(b) does not apply to a transferred employee who receives any subsequent appointment with the new Electoral Commission.
25 Continuity of employment
-
(1) Every transferred employee becomes an employee of the new Electoral Commission on 1 October 2010.
(2) However, for the purposes of this Act and every enactment, law, determination, contract, and agreement relating to the employment of the transferred employee,—
(a) the contract of employment of that employee is deemed to have been unbroken; and
(b) that employee's period of service with his or her previous employer, and every other period of service of that employee that is recognised as continuous service by his or her previous employer, is deemed to have been a period of service with the new Electoral Commission.
26 Restriction of compensation for technical redundancy
-
(1) An employee of the existing Electoral Commission or the Ministry of Justice is not entitled to receive any payment or other benefit from the existing Electoral Commission or the Ministry of Justice on the ground that his or her position with that employer has ceased to exist if—
(a) the position ceases to exist as a result of amendments made by this Act; and
-
(b) in connection with the transfer of employees under this Act,—
(i) the transfer of the employee would result in substantially equivalent employment in the new Electoral Commission (whether or not the employee consents to the transfer); or
(ii) the employee consents to a transfer that will result in other employment in the new Electoral Commission.
(2) Substantially equivalent employment to the employee's employment with his or her previous employer is employment in the new Electoral Commission that is—
(a) in substantially the same position; and
(b) on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and
(c) on terms that treat the period of service with the previous employer (and any other service recognised by the previous employer as continuous service) as if it were continuous service with the new Electoral Commission.
27 Consequential amendments
The principal Act is amended in the manner set out in Part 1 of Schedule 2.
Subpart 2—Provisions coming into force on 1 October 2010
28 Existing Electoral Commission disestablished
-
(1) The existing Electoral Commission is disestablished.
(2) Any member of the existing Electoral Commission holding office under section 8(1)(a) or (b) of the principal Act (as in force immediately before its repeal by section 7 of this Act) ceases to hold office.
(3) Any appointment of a member of the existing Electoral Commission made under section 8(1)(c) or (d) of the principal Act (as in force immediately before its repeal by section 7 of this Act) is revoked.
(4) Any appointment of a deputy of a member of the existing Electoral Commission made under section 11A(2) of the principal Act (as in force immediately before its repeal by section 8 of this Act) is revoked.
29 Appointment of existing Chief Electoral Officer revoked
The appointment of the existing Chief Electoral Officer is revoked.
30 Enforcement of existing rights
-
(1) This section applies to—
(a) any matter or thing commenced under any enactment by the existing Electoral Commission or the existing Chief Electoral Officer and not completed by 1 October 2010; and
(b) any proceedings commenced by or against the existing Electoral Commission, or by or against the Crown in respect of any act or omission of the existing Chief Electoral Officer, relating to an existing right, interest, title, immunity, or duty and not completed by 1 October 2010.
(2) Any matter, thing, or proceedings to which this section applies may be continued, completed, or enforced by or against the new Electoral Commission.
31 Responsibility for reports and accounts of existing Electoral Commission from 1 July 2010
-
(1) The new Electoral Commission must include in its annual report for the year ending 30 June 2011 the information in respect of the existing Electoral Commission for the period commencing 1 July 2010 and ending on 30 September 2010 that the existing Electoral Commission would have had to include in its annual report under section 151 of the Crown Entities Act 2004 had it continued in existence.
(2) To avoid doubt, the new Electoral Commission may, if it so decides, present the information referred to in subsection (1) in a combined form for the whole of the financial year ended 30 June 2011.
(3) For the purposes of subsection (1), section 45J(1) of the Public Finance Act 1989 does not apply to the existing Electoral Commission in respect of the period commencing 1 July 2010 and ending on 30 September 2010.
32 Consequential amendments
-
(1) The provisions specified in the following Parts of the schedules of this Act are amended by omitting
“Chief Electoral Officer”
in each place where it appears and substituting in each case“Electoral Commission”
:(a) in respect of the principal Act, Part 2 of Schedule 2:
(b) in respect of other Acts, Part 1 of Schedule 3:
(c) in respect of regulations, Part 1 of Schedule 4.
Schedule 1 |
Section 39
Subsection (1): omit “shall communicate the details of that determination to such public servants”
and substitute “must communicate the details of that determination to the Electoral Commission, the Chief Registrar of Electors, and such other entities or persons”
.
Subsection (1): omit “by the Commission”
and substitute “by the Representation Commission”
.
Subsection (2): omit “public servant”
and substitute “entity or person”
.
Section 49
Repeal and substitute:
“49 Candidate not disqualified if name removed from roll without cause
“(1) This section applies to a person—
“(a) who is qualified to be registered as an elector of an electoral district; and
“(b) whose name was entered on the electoral roll for that district; but
“(c) whose name has been subsequently removed from that electoral roll through no fault or failure of that person.
“(2) A person is not, by reason only of his or her name having been removed from an electoral roll, disqualified from becoming a candidate and being elected as a member of Parliament.
“(3) However, a person who consents to his or her nomination as a candidate must make a statutory declaration declaring that—
“(a) he or she is qualified to be registered as an elector of the electoral district in respect of which he or she was previously registered; and
“(b) his or her name was removed from the electoral roll for that district through no fault or failure of his or her own.
“(4) A person nominated as a candidate must, when giving his or her consent to the nomination, send the statutory declaration to—
“(a) the Returning Officer, if the person was nominated as a constituency candidate by registered electors under section 143; or
“(b) the party secretary, if the person is to be nominated as—
“(i) a constituency candidate by the party secretary under section 146D; or
“(ii) a list candidate.”
Section 68
Omit “4 pm”
and substitute “5 pm”
.
Section 68A(2)
Omit “4 pm”
and substitute “5 pm”
.
Section 71B(4)
Omit “4 pm”
and substitute “5 pm”
.
Section 127
Subsection (4): repeal and substitute:
“(4) The secretary of the political party must lodge with the list submitted under this section, in relation to each candidate nominated in the list,—
“(a) a statement in a form provided by the Electoral Commission, signed by the candidate, and confirming the candidate's consent to the nomination; and
“(b) any statutory declaration made by the candidate received under section 49(4)(b).”
Subsection (5): repeal.
Section 146E(3)
Repeal and substitute:
“(3) The secretary of the political party must lodge with the bulk nomination schedule, in relation to each constituency candidate nominated in the schedule,—
“(a) a statement in a form provided by the Electoral Commission, signed by the constituency candidate, and confirming the candidate's consent to the nomination; and
“(b) any statutory declaration made by the constituency candidate received under section 49(4)(b).”
Section 150
Subsection (2): omit “Returning Officer shall”
and substitute “Electoral Commission must”
.
Subsection (16): omit “Returning Officer shall”
and substitute “Electoral Commission must”
.
Subsection (19): omit “Returning Officer”
and substitute “Electoral Commission”
.
Section 205C
Heading: insert “election”
after “expenses for”
.
Section 206C
Heading: insert “election”
after “expenses for”
.
Section 206J
Compare note: omit “s 214D”
and substitute “ss 67(3)(f), 214D(1), (2A), (3)”
.
Section 206Q
Compare note: omit “214J”
and substitute “214J(1), (2)(a)”
.
Section 219
Compare note: add “(pre-20 December 2007)”
.
Section 224
Compare note: omit “141, 142”
and substitute “142, 143”
.
Schedule 2 |
Part 1
Consequential amendments coming into force on day after Royal assent
Section 4A(1)
Insert “established by section 4”
after “the Electoral Commission”
.
Section 5
Omit “shall be”
and substitute “established by section 4 are”
.
Section 6(2)
Omit “Commission shall have”
and substitute “Electoral Commission established by section 4 has”
.
Section 7
Omit “Electoral Commission must”
and substitute “Electoral Commission established by section 4 must”
.
Section 8(1)
Omit “Electoral Commission shall consist”
and substitute “Electoral Commission established by section 4 consists”
.
Section 9
Insert “established by section 4”
after “the Electoral Commission”
.
Section 14
Insert “established by section 4”
after “the Electoral Commission”
.
Part 2
Change of “Chief Electoral Officer”
to “Electoral Commission”
Definition of list candidate in section 3:
Heading to section 20A:
Section 127(1), (3)(a), (6), and (8)(a):
Section 127A(1) and (5)(b):
Heading to section 128:
Section 128(1), (1)(b), (2), and (2)(b):
Section 146B(1), (2)(b), (3), and (4)(a):
Section 146D(2), (3)(b), and (4):
Section 146E(4) and (5)(b):
Section 146G(1), (1)(c), (2), (3), (3)(b), and (4):
Section 146H(1), (2), (3), (3)(a), (3)(b), and (4)(b):
Section 147(1), (4), and (5):
Section 150(12)(b) and (13)(b):
Section 152B(1)(b)(ii), (2), and (4)(a):
Section 152C(1), (2), (3), (4), and (5):
Section 153G(2)(b)(ii), (3), and (5)(a):
Section 153H(1), (2), (3), (4), and (5):
Heading to section 158A:
Section 179(1), (2), (3), (4), (5), and (6):
Section 191(1), (4)(b)(ii), (4A), (8)(b), and (10):
Heading to section 193A:
Section 193A(1), (1)(a), and (2):
The heading to section 205P:
Section 209(1), (4)(c), (5)(c), and (6):
Section 209E(1), (3), and (4):
Form 3 of Schedule 2:
Form 4 of Schedule 2:
Form 4A of Schedule 2:
Form 6 of Schedule 2:
Form 7 of Schedule 2.
Part 3
Further consequential amendments
Section 3
Definition of public inspection period: omit “Chief Electoral Officer or the Electoral Commission, as the case may be,”
in each place where it appears and substitute in each case “Electoral Commission”
.
Section 4C
Omit “established by section 4B”
.
Section 4D
Subsection (1): omit “established by section 4B”
.
Section 4E
Omit “established by section 4B”
.
Section 4F
Subsection (1): omit “established by section 4B”
.
Section 4G
Subsection (1): omit “established by section 4B”
.
Section 4H
Subsection (1): omit “established by section 4B”
.
Section 4I
Subsection (1): omit “established by section 4B”
.
Subsection (8): repeal.
Section 4J
Omit “established by section 4B”
.
Section 20B
Add as subsection (2):
“(2) A Returning Officer is a public servant for the purposes of sections 28(2)(f) and 80(3)(a)(i).”
Section 33(4)
Omit “The Deputy Chief Electoral Officer appointed pursuant to section 19 of this Act shall have”
and substitute “The Deputy Electoral Commissioner appointed under section 4I as the deputy for the Chief Electoral Officer has”
.
Section 67
Subsection (1)(c): omit “; and”
.
Subsection (1)(d): repeal.
Subsection (4): repeal.
Section 67A(1)
Paragraph (c): omit “; and”
.
Paragraph (d): repeal.
Paragraph (e): repeal.
Section 70A(3)(a)(iii)
Repeal.
Section 128B
Repeal and substitute:
“128B Electoral Commission must record and notify change in component parties
If the component parties of a political party listed in the copy of any declaration received by the Electoral Commission under section 127(3A) differ from those recorded in the Register of Political Parties established by section 62(2), the Electoral Commission—
“(a) must amend the Register so that the component parties recorded in the Register are the same as those recorded in the declaration made to the Electoral Commission; and
“(b) must, immediately after amending the Register under paragraph (a), publish in the Gazette a notice of the amendment made under that paragraph.”
Section 137
Omit “Chief Electoral Officer shall”
in each place where it occurs and substitute in each case “Electoral Commission must”
.
Section 140
Repeal and substitute:
“140 Chief Registrar to be notified of writ
Immediately after receiving a writ for an election to be held in any district, the Electoral Commission must notify the Chief Registrar of the issue of the writ.”
Section 146D(4)
Omit “he or she”
and substitute “the Electoral Commission”
.
Section 146L
Omit “Chief Electoral Officer's”
and substitute “Electoral Commission's”
.
Section 147(2)
Omit “Chief Electoral Officer shall forthwith”
and substitute “Electoral Commission must immediately”
.
Section 148(2)
Omit “the Chief Electoral Officer”
and substitute “an Electoral Commissioner on behalf of the Electoral Commission”
.
Section 152C(2)
Omit “he or she”
and substitute “the Returning Officer or Electoral Commission”
.
Section 153A(3)
Omit “after receiving”
and substitute “after the Electoral Commission receives”
.
Omit “the Chief Electoral Officer must”
and substitute “an Electoral Commissioner must, on behalf of the Electoral Commission,”
.
Section 153B(3)
Omit “after receiving”
and substitute “after the Electoral Commission receives”
.
Omit “the Chief Electoral Officer must”
and substitute “an Electoral Commissioner must, on behalf of the Electoral Commission,”
.
Section 153C(3)
Omit “The Chief Electoral Officer must, immediately on”
and substitute “Immediately on the Electoral Commission”
.
Insert “an Electoral Commissioner must, on behalf of the Electoral Commission,”
after “subsection (2)”
.
Section 153E(1)
Omit “endorsing”
and substitute “an Electoral Commissioner has endorsed”
.
Section 153H(2)
Omit “he or she”
and substitute “the Returning Officer or Electoral Commission”
.
Section 175
Subsection (3): omit “the Chief Electoral Officer”
and substitute “an Electoral Commissioner”
.
Subsection (5)(a): repeal and substitute:
“(a) an Electoral Commissioner:”.
Subsection (5)(c): omit “Chief Electoral Officer”
and substitute “Electoral Commissioner”
.
Subsection (5)(d): omit “Chief Electoral Officer”
and substitute “Electoral Commissioner”
.
Section 176(1)
Omit “Chief Electoral Officer”
and substitute “Electoral Commissioner”
.
Section 183(4)
Omit “the Chief Electoral Officer”
and substitute “an Electoral Commissioner”
.
Section 184(2)
Omit “Chief Electoral Officer shall”
and substitute “Electoral Commission must”
.
Section 185
Subsection (1): omit “Chief Electoral Officer has”
and substitute “Electoral Commission has”
.
Subsection (1): omit “the Chief Electoral Officer must”
and substitute “an Electoral Commissioner must, on behalf of the Electoral Commission,”
.
Section 186
Repeal and substitute:
“186 Electoral Commission may correct writ
“(1) If the Electoral Commission is satisfied that the name of a member elected to represent an electoral district is not correctly recorded on the writ, an Electoral Commissioner may, on behalf of the Electoral Commission, before or after complying with the requirements of section 185(1), make any alterations to the writ necessary to ensure that the member's name is correctly recorded.
“(2) Before making a correction under subsection (1), the Electoral Commissioner must consult with the member concerned and with the Returning Officer.
“(3) If the Electoral Commissioner makes a correction under subsection (1) after complying with the requirements of section 185(1),—
“(a) the Electoral Commission must forward to the Clerk of the House of Representatives a copy of the writ as corrected; and
“(b) that copy is to be treated for all purposes as the copy forwarded to the Clerk of the House of Representatives under section 185(1).”
Section 189(2)
Omit “the Chief Electoral Officer”
and substitute “an Electoral Commissioner”
.
Section 191
Omit “Chief Electoral Officer shall”
in each place where it appears and substitute in each case “Electoral Commission must”
.
Subsection (1): omit “he or she shall”
and substitute “the Electoral Commission must”
.
Subsection (10): omit “shall draw a circle”
and substitute “must cause a circle to be drawn”
.
Section 192
Omit “Chief Electoral Officer shall”
in each place where it appears and substitute in each case “Electoral Commission must”
.
Section 193
Omit “Chief Electoral Officer shall”
in each place where it appears and substitute in each case “Electoral Commission must”
.
Subsection (6): omit “he or she”
in each place where it appears and substitute in each case “the Electoral Commission”
.
Subsection (7): omit “he or she”
and substitute “the Electoral Commission”
.
Section 205Q
Repeal.
Section 205R
Repeal and substitute:
“205R Return of candidate's election expenses to be publicly available
“(1) The Electoral Commission may publish, in any manner that the Electoral Commission considers appropriate, every return filed under section 205K.
“(2) During the public inspection period, the Electoral Commission must make available for public inspection a copy of every return filed under section 205K.
“(3) The Electoral Commission may make inspection under subsection (2) subject to the payment of any charges that may be made under the Official Information Act 1982.”
Section 207I(3)
Omit “the Chief Electoral Officer and”
.
Section 207K
Subsection (2)(b): repeal and substitute:
“(b) if this is not possible, pay the amount of the donation, or its value, less $1,000 to the Electoral Commission.”
Subsection (3)(b): repeal and substitute:
“(b) if this is not possible, pay the amount of the donation, or its value, to the Electoral Commission.”
Subsection (4): omit “the Chief Electoral Officer and”
.
Section 207O
Repeal and substitute:
“207O Duty of Electoral Commission in relation to donations
If the Electoral Commission believes that any person has committed an offence against this subpart or against subparts 4 to 6 of this Part, the Electoral Commission must report the facts on which that belief is based to the New Zealand Police.”
Section 207P
Repeal.
Section 209D
Repeal.
Section 209E(2)
Repeal.
Section 221A(2)
Omit “the Chief Electoral Officer,”
.
Schedule 2
Form 1: omit “*Chief Electoral Officer”
and substitute “*Electoral Commissioner”
.
Note 4 of form 1: omit “The Chief Electoral Officer”
and substitute “An Electoral Commissioner”
.
Form 3: omit “you to”
and substitute “the Electoral Commission to”
.
Form 3: omit “You are”
and substitute “An Electoral Commissioner, on behalf of the Electoral Commission, is”
.
Form 6: omit “you to”
and substitute “the Electoral Commission to”
.
Form 6: omit “You are”
and substitute “An Electoral Commissioner, on behalf of the Electoral Commission, is”
.
Form 7: omit “you”
and substitute “the Electoral Commission”
.
Form 14: omit “Chief Electoral Officer”
and substitute “Electoral Commissioner”
.
Schedule 3 |
Part 1
Change of “Chief Electoral Officer”
to “Electoral Commission”
Citizens Initiated Referenda Act 1993 (1993 No 101)
Parliamentary Service Act 2000 (2000 No 17)
Section 9A(1)(b), (3)(a), (4)(a), (4)(b), and (5)(a).
Part 2
Further consequential amendments
Broadcasting Act 1989 (1989 No 25)
Section 70(2)(d): omit “the Chief Electoral Officer,”
.
Section 79D: omit “4 pm”
and substitute “5 pm”
.
Citizens Initiated Referenda Act 1993 (1993 No 101)
Definition of Chief Electoral Officer in section 2: repeal.
Section 2: insert in its appropriate alphabetical order:
“Electoral Commission has the same meaning as in section 3(1) of the Electoral Act 1993”.
Section 24(5): omit “sections 4 to 15”
and substitute “sections 4B to 9”
.
Section 24A(3): omit “sections 4 to 15”
and substitute “sections 4B to 9”
.
Section 39(1): omit “The Chief Electoral Officer must”
and substitute “An Electoral Commissioner must, on behalf of the Electoral Commission,”
.
Section 44(2): omit “Chief Electoral Officer believes”
and substitute “Electoral Commission believes”
.
Section 44(2): omit “Chief Electoral Officer shall”
and substitute “Electoral Commission must”
.
Section 45(1)(a): repeal and substitute:
“(a) must be kept by the Electoral Commission in the office of the Electoral Commission, or some other convenient place to be appointed by the Electoral Commission, for a period of 5 years after it has been received by the Electoral Commission; and”.
Section 45(2): omit “Chief Electoral Officer shall”
and substitute “Electoral Commission must”
.
Form 2 of the Schedule: omit “you to”
and substitute “the Electoral Commission to”
.
Form 2 of the Schedule: omit “You are”
and substitute “An Electoral Commissioner, on behalf of the Electoral Commission, is”
.
Form 2A of the Schedule: omit “you to”
and substitute “the Electoral Commission to”
.
Form 2A of the Schedule: omit “You are”
and substitute “An Electoral Commissioner, on behalf of the Electoral Commission, is”
.
Local Restoration Polls Act 1990 (1990 No 4)
Section 5(1): omit “Chief Electoral Officer shall”
and substitute “Electoral Commission must”
.
Section 7(a): omit “Chief Electoral Officer shall”
and substitute “Electoral Commission must”
.
Referenda (Postal Voting) Act 2000 (2000 No 48)
Section 8(1) and (2): repeal and substitute:
“(1) The Electoral Commission must designate an Electoral Commissioner to be the Returning Officer for a referendum.
“(2) The Returning Officer is, under the direction of the Electoral Commission, charged with the duty of implementing this Act, except Part 4.”
Schedule 4 |
Part 1
Change of “Chief Electoral Officer”
to “Electoral Commission”
Citizens Initiated Referenda Regulations 1995 (SR 1995/227)
Court of Appeal (List Election Petitions) Rules 1998 (SR 1998/326)
Electoral Regulations 1996 (SR 1996/93)
Regulation 43(1), (2), and (3):
Regulation 47(1)(a) and (2)(a):
Regulation 49(2)(d), (3)(d), and (5):
Heading to regulation 54:
Heading to regulation 55:
Regulation 56(1), (2), (2)(a), and (2)(b)(ii):
Regulation 61(1)(b), (3)(a), and (3)(c):
Regulation 62(1), (2), (2)(b)(ii), and (3):
Regulation 64A(1)(c), (2)(d), (3)(a), and (4):
Form 22 in Schedule 1.
Part 2
Further consequential amendments
Citizens Initiated Referenda Regulations 1995 (SR 1995/227)
Regulation 7(1): omit “Chief Electoral Officer shall”
and substitute “Electoral Commission must”
.
Regulation 7(1): omit “Chief Electoral Officer considers”
and substitute “Electoral Commission considers”
.
Constituency Election Petition Rules 2008 (SR 2008/383)
Form 1 of the Schedule: omit “If the petition complains of the conduct of the Chief Electoral Officer, specify the Chief Electoral Officer's name.”
and substitute “Insert
‘the Electoral Commission’
if the petition complains of the conduct of the Electoral Commission.”
Form 1 of the Schedule: omit “Chief Electoral Officer”
in each place where it appears (except the place specified in the paragraph above) and substitute in each case “Electoral Commission”
.
Court of Appeal (List Election Petitions) Rules 1998 (SR 1998/326)
Rule 6(2)(b): repeal and substitute:
“(b) in relation to the Electoral Commission, delivery to—
“(i) an Electoral Commissioner in person; or
“(ii) the address of the Electoral Commission.”
Form 1 of the Schedule: omit “, if the petition complains of the conduct of the Chief Electoral Officer, the name of the Chief Electoral Officer”
and substitute “insert
.‘the Electoral Commission’
if the petition complains of the conduct of the Electoral Commission”
Form 1 of the Schedule: omit “Chief Electoral Officer”
in each place where it appears (except the place specified in the paragraph above) and substitute in each case “Electoral Commission”
.
Electoral Regulations 1996 (SR 1996/93)
Regulation 18(1): omit “Chief Electoral Officer under section 127 of the Act, the Chief Electoral Officer shall”
and substitute “Electoral Commission under section 127 of the Act, the Electoral Commission must”
.
Regulation 19: omit “the Chief Electoral Officer of his or her”
in each place where it appears and substitute in each case “the Electoral Commission of its”
.
Regulation 29(1): omit “Chief Electoral Officer shall be marked with his or her official mark”
and substitute “Electoral Commission must be marked with the official mark of that Officer or of the Electoral Commission, as the case may be”
.
Regulation 29(2): omit “Chief Electoral Officer”
and substitute “an Electoral Commissioner (on behalf of the Electoral Commission)”
.
Regulation 29(2): omit “his or her official mark”
and substitute “the official mark of that Officer or of the Electoral Commission”
.
Regulation 47(2): omit “posted to the Chief Electoral Officer”
and substitute “posted to the Electoral Commission”
.
Regulation 47(2): omit “the Chief Electoral Officer or other authorised person”
and substitute “an Electoral Commissioner, on behalf of the Electoral Commission, or other authorised person”
.
Regulation 49(4): repeal and substitute:
“(4) An Electoral Commissioner, on behalf of the Electoral Commission, must—
“(a) enclose in 1 or more parcels the packets received by the Electoral Commission in accordance with this regulation; and
“(b) properly secure the parcels; and
“(c) endorse each parcel with a description of its contents; and
“(d) sign the endorsement and immediately forward the parcels to the Clerk of the House of Representatives.”
Regulation 63: omit “Chief Electoral Officer or other authorised person”
and substitute “Electoral Commission or an authorised person”
.
Regulation 63: omit “the Chief Electoral Officer or authorised person”
and substitute “an Electoral Commissioner, on behalf of the Electoral Commission, or the authorised person”
.
Regulation 63(a): omit “Chief Electoral Office”
and substitute “Electoral Commission”
.
Regulation 64A(3): omit “The Chief Electoral Officer must”
and substitute “An Electoral Commissioner, on behalf of the Electoral Commission, must”
.
Legislative history | |
|---|---|
| 22 October 2009 | Introduction (Bill 93–1) |
| 27 October 2009 | First reading and referral to Justice and Electoral Committee |
| 26 April 2010 | Reported from Justice and Electoral Committee (Bill 93–2) |
| 29 April 2010 | Second reading |
| 18 May 2010 | Committee of the whole House |
| 19 May 2010 | Third reading |
| 21 May 2010 | Royal assent |
This Act is administered by the Ministry of Justice.