Except where otherwise provided in any Act, and subject to section 5 of this Act, the next triennial general election of members of any local authority shall be held on the 8th day of October 1977, and a general election of members of the local authority shall be held on the 2nd Saturday in October in every third year thereafter.

Where the first or any other general election of members of a local authority is held within 12 months before the date fixed for any triennial general election of members of that local authority, it shall not be necessary to hold that triennial general election, but the members shall remain in office in all respects as if they were duly elected at that triennial general election.

Every member of a local authority shall come into office as follows:

Except as otherwise provided in subsection (2) or subsection (3) of this section, every member of a local authority shall, unless he sooner vacates office by reason of death, resignation, retirement, or disqualification, vacate his office when the members elected at the next triennial general election come into office, or, in any case where a general election (not being a triennial general election) of the members of the local authority is required to be held, when the members elected at that election come into office, notwithstanding that all the vacancies to be filled at that election are not then filled.

Except as otherwise provided in subsection (3) of this section, in any case where a local government area is divided into subdivisions for the purposes of any such election, every member representing any such subdivision shall, unless he sooner vacates office as aforesaid, vacate his office when the member or members elected for that subdivision at that election come into office, notwithstanding that all the vacancies for that subdivision to be filled at that election are not then filled.

Notwithstanding anything in subsection (1) or subsection (2) of this section, where by any other Act provision is made for the filling of any vacancy in the office of a representative of any local government area or of any subdivision of any local government area by the appointment, in default of an elected representative, of a person to fill that office, every representative of that local government area or subdivision shall, unless he sooner vacates office as aforesaid, vacate his office when his successor comes into office.

For every local government area there shall be a Returning Officer appointed by the local authority, who shall hold office until his removal by the local authority, or his resignation, incapacity, or death, in any of which events the local authority shall appoint a Returning Officer in his stead.

Every election and every poll shall be held or taken by the Returning Officer, but, if from any cause he is unable to fulfil the duties of his office at any election or poll, the local authority shall appoint a substitute, who, for all the purposes of that election or poll, shall be deemed to be the Returning Officer.

Subject to subsection (4) of this section, if at any time, either before or during an election or poll, a Returning Officer is unable to act and time does not permit the local authority to appoint a substitute, the Chairman may appoint a substitute, who, for all the purposes of that election or poll, shall be deemed to be the Returning Officer.

If a Returning Officer becomes unable to act during a polling period, he shall in writing under his hand appoint a substitute, who, for all the remaining purposes of the election or poll concerned, shall be deemed to be the Returning Officer.

No member of the local authority shall be appointed or shall act as Returning Officer or as his substitute, and no Returning Officer or his substitute shall be capable of being a candidate at any election to be held by him or by his substitute.

The Returning Officer shall appoint for each polling booth a Deputy Returning Officer to conduct the election or poll at that polling booth, and may appoint a poll clerk to assist the Deputy Returning Officer and such additional Deputy Returning Officers and poll clerks and such interpreters as he considers necessary.

Every such Deputy Returning Officer shall have and may exercise in and about the polling booth for which he is appointed all the powers and duties of the Returning Officer, or, as the case may be, shall have and may exercise generally such powers and duties as are assigned to him by the Returning Officer.

Every poll clerk or interpreter shall carry out such duties as are assigned to him by the Returning Officer or by the Deputy Returning Officer at the polling booth at which the poll clerk or interpreter is to act.

The Returning Officer may himself exercise all the powers, duties, and functions of a Deputy Returning Officer in respect of any one polling place or polling booth.

Any Deputy Returning Officer may at any time during the polling period appoint in writing a substitute to act for him in respect of that election in case of his absence from duty.

If the Deputy Returning Officer fails to open the polling at any polling booth, or if he is absent from duty and has not appointed a substitute, the poll clerk at the polling booth may act for him and in that event shall be deemed to be his substitute.

Every substitute while acting for any Deputy Returning Officer shall have all the powers, duties, and functions of that Deputy Returning Officer.

Every Returning Officer and every substitute for a Returning Officer shall, before entering on the duties of his office, make a declaration in form 1 in the First Schedule to this Act before a Justice, or before the Chairman of the local authority.

Every Deputy Returning Officer and every poll clerk and every interpreter shall, before the polling period, and every substitute for a Deputy Returning Officer shall, before acting as such, make a declaration in form 1 in the First Schedule to this Act before the Returning Officer, or a Justice or solicitor or Postmaster, or another Deputy Returning Officer.

Not less than 42 clear days before the day fixed by law for the triennial general election of the members of any local authority, the Returning Officer shall give public notice thereof in form 2 in the First Schedule to this Act, and shall in that notice appoint a place for the nomination of candidates and a closing day and time for the receipt of such nominations, being noon on the 36th day before polling day.

Any qualified person may, with his consent, be nominated as a candidate for election to a local authority by not less than 2 electors of the local government area, or in the case of an election in any subdivision, by not less than 2 electors of that subdivision, by a nomination paper in form 3 in the First Schedule to this Act.

Consent to the nomination of any person shall be given by that person in writing or by telegram, but need not be given at the time when the nomination paper is lodged:

Provided that the consent of any person who is for the time being outside New Zealand may be signified to the Returning Officer in any manner approved by the Returning Officer.

If a candidate is nominated, with his consent, for election to more than one seat on any local authority, all such nominations shall be void:

Provided that a person may be nominated as a candidate for both mayor and councillor of a borough council or a district council.

Every nomination paper and every consent shall be lodged with or given to the Returning Officer for the local government area not later than noon on nomination day. The Returning Officer shall give a receipt in writing for every nomination accepted by him.

Each candidate shall be nominated by a separate nomination paper.

Any elector of the local government area may inspect any nomination paper or consent at the Returning Officer’s office without fee at any time during ordinary office hours.

The Returning Officer shall not accept the nomination of any candidate if the Returning Officer is not satisfied, by such evidence (if any) as he requires, that the name under which the candidate is nominated is—

Provided that in the case of any female candidate who is or has been married, her husband’s surname may be substituted for her surname in any of the cases specified in paragraphs (a) to (d) of this section, unless, if her husband had been nominated as a candidate under that surname, the Returning Officer would be required to reject his nomination under this section:

Provided also that the Returning Officer may accept the nomination of any candidate under a name that does not comply with the foregoing provisions of this section, if the Returning Officer is satisfied that the candidate has publicly announced before notice of the election was given under section 11 of this Act his intention to become a candidate under that name, and that the name has been adopted by the candidate in good faith and for good reason and is not indecent or offensive or likely to deceive or cause confusion.

Every candidate at any election, or some person on his behalf, shall, at the time the nomination paper is delivered to the Returning Officer, deposit with the Returning Officer the sum of $ 30, and no nomination of a candidate at any such election shall be accepted by the Returning Officer unless that deposit is so made.

The deposit shall be paid in the form of money, a money order, a money-order telegram, a bank draft, or a cheque.

If the total number of votes received by any candidate is less than one-quarter of the votes received by the successful candidate, or, as the case may be, by the successful candidate who receives the fewest votes, the deposit shall be forfeited and paid into the general fund or account of the local authority; but otherwise, or if the candidate—

the deposit shall be returned to the person who paid it or, as the case may require, to his personal representatives.

Any candidate may withdraw his nomination by a notice in form 4 in the First Schedule to this Act, signed by him and duly witnessed.

No withdrawal of nomination shall have any effect unless it is lodged with the Returning Officer not later than noon on nomination day.

Where before the close of nominations the Returning Officer receives advice that a candidate who has been nominated and has not withdrawn his nomination has died, his nomination shall be treated in all respects as if it had not been made.

Where in any such case the Returning Officer receives that advice on nomination day or on the day before nomination day, the time for the close of nominations in the local government area or, as the case may be, in the subdivision for electoral purposes, shall be deemed to be postponed until noon on the fourth day after nomination day.

Where the time for the close of nominations is extended in accordance with subsection (2) of this section, the provisions of this Act shall apply as if the fourth day after the original nomination day were nomination day.

If the number of the candidates does not exceed the number of vacancies to be filled, the Returning Officer shall, immediately after the close of nominations, by public notice, declare the candidate or candidates so nominated to be duly elected to the office or offices to be filled at the election then being held.

Except as otherwise provided in any other Act, if no person is nominated for election or the number of persons nominated is less than the number of vacancies to be filled, any vacancy remaining unfilled shall be deemed to be an extraordinary vacancy occurring on polling day, notwithstanding that any member or members continue in office pursuant to section 7 of this Act.

If the number of candidates exceeds the number of offices to be filled, the Returning Officer shall, immediately after the close of nominations, give public notice in form 5 in the First Schedule to this Act of the day on which the election is to be held and of the names of the several candidates, the party accreditations or other designations claimed by them (not being accreditations or designations that the Returning Officer considers are indecent, offensive, or likely to cause confusion to or mislead electors):

Provided that in the case of an election in the Chatham Islands, the Returning Officer shall in addition, immediately after the close of nominations, post a copy of that notice so that it can be seen in or from a conspicuous public place outside the place appointed for the receipt of nominations.

The Returning Officer may at the time he gives notice in accordance with subsection (1) of this section of the day on which the election is to be held, and shall not later than 2 clear days before polling day, give public notice of the polling places appointed by him for the holding of the election:

Provided that additional polling places may be provided on polling day without public notice being given should the Returning Officer consider this to be necessary.

The Returning Officer may appoint any place outside the local government area of the local authority to be a polling place if in his opinion the appointment is necessary to facilitate the holding of the election.

A candidate at an election may retire after the close of nominations at any time before a declaration has been made pursuant to section 18 of this Act, or, where an election is required to be held, at any time before polling day, by delivering to the Returning Officer a notice in form 4 in the First Schedule to this Act, signed by the candidate and duly witnessed. The completion and delivery of such a notice shall have the following effect:

If by the retirement of a candidate in accordance with subsection (1) of this section the number of candidates is reduced to or below the number of vacancies to be filled,—

Where any candidate for the office of Mayor of a borough or a district dies after the close of nominations and before polling day, the Returning Officer shall, upon being satisfied of the fact of the death, by public notice countermand the notice of the election.

Where any such candidate dies on polling day before the hour of 7 o’clock in the afternoon, the Returning Officer shall, upon being satisfied of the fact of the death, immediately instruct every Deputy Returning Officer to cease issuing voting papers for that election, and by public notice declare the election to be void.

Where any such candidate dies after the hour of 7 o’clock in the afternoon of polling day and before the declaration of the result of the election, and it is found on the completion of the count of votes or on a recount that the candidate, if still living, would have been elected, the Returning Officer shall, upon being satisfied of the fact of the death, by public notice declare the election to be void.

The provisions of this Act as to an equality of votes between candidates shall apply, notwithstanding the death of one of those candidates after the close of the election.

Where the election for the office of Mayor is interrupted in consequence of the death of a candidate, all voting papers placed in the several ballot boxes shall be taken out by the several Deputy Returning Officers immediately the polling booths are closed and, being made up into secured packages, shall be sent unopened to the Returning Officer, who shall forthwith destroy them in the presence of a Magistrate or a Justice.

Where under this section any election is countermanded or deemed to be void, a new election shall be held as if an extraordinary vacancy had occurred on the date of the publication of the public notice countermanding the election or declaring the election to be void, and, except as provided in subsections (7) and (8) of this section, all proceedings in connection with the new election shall be had and taken anew.

Only persons who were eligible to vote at the countermanded or void election shall be eligible to vote at the new election, and the roll which was to be used at the countermanded or void election shall be used at the new election without any amendment or addition.

The nomination of any candidate accepted for the countermanded or void election shall be deemed to have been made in respect of the new election.

If any candidate, other than a candidate for the office of Mayor, dies after the close of nominations and before polling day, or dies before the close of nominations but advice of his death is received by the Returning Officer after the close of nominations, the provisions of section 21 of this Act, as far as they are applicable and with the necessary modifications, shall apply as if the deceased candidate had retired on the date of his death or, as the case may be, on the date on which advice of his death is received by the Returning Officer.

Where any candidate, other than a candidate for the office of Mayor, dies on polling day before the close of voting and the Returning Officer is satisfied of the fact of the death, the Returning Officer shall, unless the election has become unnecessary through the death of the candidate, as soon as practicable instruct every Deputy Returning Officer to strike out the name of the deceased candidate from every voting paper issued by the Deputy Returning Officer after he receives that instruction, but the fact that any voting paper is issued without the name of the deceased candidate being struck out shall not invalidate the election. Any vote cast for the deceased candidate on any voting paper from which his name has not been struck out shall be void.

Where the Returning Officer becomes aware on polling day that an election has been made unnecessary through the death of a candidate, he shall, upon being satisfied of the fact of the death, immediately instruct every Deputy Returning Officer to cease issuing the voting papers for that election, and shall by public notice declare the remaining candidates to be elected. All voting papers in the ballot boxes for that election shall be taken out by the several Deputy Returning Officers immediately the polling places are closed and, being made up into secured packages, shall be sent unopened to the Returning Officer, who shall forthwith destroy them in the presence of a Magistrate or a Justice.

The Returning Officer shall provide the following things for holding the election:

The voting papers to be used at any election shall be in form 6 in the First Schedule to this Act, and the names thereon shall appear in alphabetical order of surnames, showing party accreditations or other designations (if claimed and not disallowed), and, where necessary, such additional description as may be necessary to identify the candidates or any of them shall appear on the voting papers.

Every voting paper shall have a counterfoil, on which shall be printed the matter specified in form 7 in the First Schedule to this Act:

Provided that notwithstanding anything in that form, where an election is conducted by postal vote, the official mark may be included in the voting papers when they are printed.

If the Returning Officer so decides, there may also be printed on every voting paper and in the space provided in the counterfoil attached thereto a number (called a consecutive number) beginning with the number 1 in the case of the first voting paper, and on all succeeding voting papers the numbers shall be consecutive, so that no 2 voting papers for the same election shall bear the same number.

If the Returning Officer so decides, for the purpose of facilitating the mechanical counting of the votes there may be printed on every voting paper alongside each candidate’s name a distinctive code or symbol.

The voting papers to be used at any election shall be printed on paper of uniform colour, and, where 2 or more elections are held simultaneously, the voting papers in each case shall be different in colour.

Notwithstanding anything in this section, the Returning Officer may combine the voting paper to be used at any election with the voting paper or papers to be used at any other election or elections or poll or polls to be conducted simultaneously with the first-mentioned election. In any such case the combined voting paper may be of the one colour and shall have one counterfoil only, and any part of that voting paper that can be detached from any other part shall bear the consecutive number and the official mark.

Where the party accreditation or other designation of any candidate is shown on the nomination paper, the Returning Officer may, if he considers it necessary, require the candidate to produce evidence sufficient to satisfy the Returning Officer of the candidate’s eligibility to claim that accreditation or designation.

Where the Returning Officer considers that the party accreditation or other designation claimed on the nomination paper is indecent or offensive or likely to cause confusion to or mislead electors,—

Each candidate may, by writing under his hand, appoint one or more scrutineers for each polling booth at any election, but no person shall be appointed as a scrutineer if he is a member of the local authority or a candidate at that election or at any other election conducted by the Returning Officer simultaneously with that election.

Every scrutineer shall, before being allowed to act, make a declaration in form 1 in the First Schedule to this Act before the Returning Officer, or before the Deputy Returning Officer at the polling booth for which he is appointed.

Where a candidate appoints more than one scrutineer for any polling booth, not more than one scrutineer for that candidate shall be present in the polling booth at any time.

Any scrutineer may at any time during the hours of polling leave and re-enter the polling booth for which he is appointed.

Nothing in this Act shall render it unlawful for a scrutineer to communicate to any person information as to the names of persons who have voted.

At every election the polling booths at each polling place shall be open for voting at 9 o’clock in the forenoon of polling day, and shall close at 7 o’clock in the afternoon of the same day.

Every person who at 7 o’clock in the afternoon of polling day is present in a polling place for the purpose of voting at that election shall be entitled to receive a voting paper and to mark and deposit it in the same manner as if he had voted before the close of voting.

The Returning Officer or Deputy Returning Officer shall, immediately before the polling booth is opened for voting and in the sight of any scrutineers present, see that the ballot box is empty, and shall close and lock it, and retain the key in his possession, and the ballot box shall not again be opened until after the close of voting:

Provided that, if the ballot box cannot be locked, the Deputy Returning Officer shall effectively secure the box instead of locking it.

No person not actually engaged in voting shall be allowed to remain in a polling place except the Returning Officer, Deputy Returning Officers and poll clerks, any interpreters, any of the scrutineers, and as many constables as the Deputy Returning Officer in charge of the polling place thinks necessary to keep the peace.

Subject to section 36 of this Act, no scrutineer or other official or unofficial person shall speak to any voter in a polling booth, either before or after the voter has given his vote, except only the Returning Officer or Deputy Returning Officer and poll clerk (with an interpreter, if necessary).

Every person who commits a breach of this section commits an offence, and is liable to a fine not exceeding $ 40, and may be at once removed from the polling place in which the booth is situated by order of the Returning Officer or Deputy Returning Officer.

Subject to the provisions of this Act relating to special voters and to section 49(2) of this Act, every Deputy Returning Officer shall, in accordance with this section, issue voting papers to all electors who apply to vote at the polling booth in respect of which he is appointed.

Every elector applying for a vote shall state his name to the Deputy Returning Officer, and shall give such particulars as may be necessary to identify the entry in the printed roll relating to the elector.

If the name of the elector appears on the roll and it appears from the roll that he is qualified to vote on the issue, a line shall be drawn through his name and number.

The Deputy Returning Officer shall then issue to the elector a voting paper for the election (being an election at which he appears to be qualified to vote as aforesaid) and for every other such election conducted by the Returning Officer concurrently with that election after the Deputy Returning Officer has prepared each voting paper in the following manner:

Every Returning Officer or Deputy Returning Officer who fails faithfully to perform the duty imposed on him by this section, by reason whereof any of the requirements of this section are not effectively fulfilled, commits an offence, and is liable to a fine not exceeding $ 100:

Provided that, in so far as the failure relates to the duty of effectively concealing the consecutive number, it shall be a sufficient defence if he satisfies the Court that he took all reasonable precautions to conceal it.

If any person applying for a voting paper at any election gives as his name the name of any person who appears to the Deputy Returning Officer in charge of the polling booth to have already received a voting paper or voting papers at the same election, he shall be dealt with in all respects in like manner as any other voter:

Provided that the voting paper or voting papers issued to the person so applying shall not be deposited in the ballot box or allowed by the Deputy Returning Officer, but shall be placed by the Deputy Returning Officer in a separate envelope provided for the purpose, and that envelope shall be set aside for separate custody.

The voter, having received the voting paper or papers, shall, using the facilities provided for the purpose, alone and secretly exercise his vote on each voting paper in accordance with the instructions thereon.

Every voter shall fold each voting paper so that its contents cannot be seen, and shall then deposit it in the ballot box.

Any voter who, not having deposited his voting paper in the ballot box, satisfies the Deputy Returning Officer that he has spoilt it by inadvertence may be supplied with a fresh voting paper, but only after the spoilt one has been returned to the Deputy Returning Officer.

The Deputy Returning Officer shall cancel the spoilt voting paper by writing across the face thereof the words “Spoilt by voter”, and shall affix his initials thereto, and shall retain the spoilt voting paper in his possession until the close of voting. The counterfoil of the spoilt voting paper shall be similarly cancelled.

Any voting paper spoilt by the Deputy Returning Officer or any other official shall be cancelled by that official writing the words “Spoilt by official”, and also the words “and a fresh voting paper issued” if that is the case, across the face of the paper, and writing his initials thereon. The counterfoil shall be similarly cancelled.

Where any elector—

the elector may vote in accordance with this section.

At the request of any voter who has received a voting paper and is wholly or partially blind, any person nominated by the voter, or, if no person is nominated, the Deputy Returning Officer, shall assist the voter to mark the voting paper or may mark the voting paper in accordance with the instructions of the voter.

At the request of any such voter who has received a voting paper (not being a voter to whom subsection (2) of this section applies), the Deputy Returning Officer shall assist the voter to mark the voting paper or may mark the voting paper in accordance with the instructions of the voter.

The Deputy Returning Officer or other person assisting the voter shall fold the voting paper so that its face cannot be seen, and shall deposit it in the ballot box.

A poll clerk or some other person nominated by the voter shall also be present when the voting paper is marked, and may, if so desired by the voter (not being a voter to whom subsection (2) of this section applies), inspect the voting paper before it is deposited in the ballot box.

Any elector voting as a special voter may vote in the manner prescribed by this section, with any necessary modifications, or in any manner prescribed by regulations made under this Act.

Every person who is present in accordance with this section or with any regulations when an elector votes and who communicates at any time to any person any information obtained as to the candidate for whom the voter is about to vote or has voted, or as to the number on the voting paper given to the voter, commits an offence, and is liable to imprisonment for a term not exceeding 3 months.

Any elector may vote at any election as a special voter, if—

Notwithstanding anything to the contrary in this Act, a special voter may vote at such place (whether at a polling place or not), at such time, in such manner, and upon or subject to such conditions as may be prescribed in that behalf by regulations made under this Act, and, subject to this Act, the voting papers shall be dealt with in such manner as may be so prescribed.

The voting papers for use by special voters shall be in such form as is prescribed by regulations made under this Act, and the consecutive numbers of the special voting papers may be in a different series from that used for the ordinary voting papers.

Subject to this section and to section 37 of this Act, and to any regulations made for the purposes of this section, all the provisions of this Act shall, as far as applicable and with the necessary modifications, apply with respect to voting by special voters and to their votes.

At each polling booth the Deputy Returning Officer shall, as soon as practicable after the close of voting, in the presence of such of the scrutineers as are present, and the poll clerks, but of no other person, perform the following duties:

Each parcel made up under this section shall be endorsed by the Deputy Returning Officer with a description of its contents, the name of the local government area, the name of the polling place, the name and number of the polling booth, and the date of the voting; and the endorsement shall be signed by the Deputy Returning Officer and by such of the scrutineers as are present and consent to sign it; and the parcel shall be suitably enclosed and properly secured.

The Deputy Returning Officer shall forthwith forward all the parcels mentioned in this section to the Returning Officer together with the certificate required by subsection (1)(f) of this section.

From the results of the voting at the several polling booths transmitted to him pursuant to subsection (1)(d) of this section, the Returning Officer shall ascertain and provisionally announce the total number of votes received by each candidate at the election.

The Returning Officer shall make arrangements for a scrutiny of the roll and an official count as soon as practicable after the close of voting, and shall give notice in writing to each of the candidates of the time and place at which he will commence the scrutiny and official count.

Every candidate may, by writing under his hand, appoint one or more scrutineers for the scrutiny of the roll and the official count, and every scrutineer so appointed shall, before being allowed to act, make a declaration before the Returning Officer in form 1 of the First Schedule to this Act, whether or not he has made such a declaration under section 27 of this Act.

Where a candidate appoints more than one scrutineer for the scrutiny of the roll and the official count, not more than one scrutineer for that candidate shall be present at any time at the scrutiny and official count.

Any scrutineer appointed under this section may at any time during the scrutiny and official count leave and re-enter the place where the scrutiny and official count is being held.

No member of the local authority and no person who was a candidate at any election for which the roll was used shall act as scrutineer under this section.

No person other than the Returning Officer and his assistants, and, subject to subsection (4) of this section, one person appointed as scrutineer by each candidate for the purpose, shall be present at the scrutiny and official count.

Only one scrutiny of the roll shall be made pursuant to this section in respect of all elections and polls for which that roll was used.

The Returning Officer, or any other person authorised by him who has completed a declaration in form 1 in the First Schedule to this Act, with such assistants as he considers necessary and in such manner as he considers desirable and in the presence of such scrutineers as are present, shall, on an unmarked copy of the roll (called the master roll), draw a line in pencil or ink through the number and name of every elector on the roll who is shown on any of the copies of the roll used at the election or in any record of special votes exercised in respect of the local government area as having received a voting paper:

Provided that the comparison of the marked copies of the rolls may be carried out by mechanical means if the Returning Officer so determines, and in such a case the master roll may be prepared as soon as practicable after the completion of the official count.

If on that comparison or from the checking of declarations in respect of special votes or from the report of a Deputy Returning Officer on the voting papers set aside under section 33 of this Act, and after such inquiry as the Returning Officer considers necessary, it appears that the same person has received a voting paper or voting papers at 2 or more polling booths, the Returning Officer shall, in the presence of such scrutineers as are present, open the parcels of voting papers used at the several polling booths at which that person appears to have received a voting paper or voting papers, and shall select therefrom the voting papers which appear to have been issued to that person, and shall disallow every vote appearing to have been given by means of the voting papers so selected:

Provided that, if the Returning Officer is satisfied that the voter lawfully received a voting paper or voting papers at only one polling booth and that he was not in any way concerned in the issue of the voting paper or voting papers at any other polling booth, the Returning Officer shall allow the valid vote or votes given by means of the voting paper or voting papers received at the first-mentioned polling booth and shall disallow the other vote or votes.

For the purposes of subsection (2) of this section, every voting paper issued to a special voter shall be deemed to have been issued at a polling booth.

Except in the case of the voting papers so selected therefrom, the Returning Officer shall inspect only the consecutive numbers on the voting papers in the several parcels so opened, and shall so cover the voting papers that no person present shall have the opportunity of determining the candidate for whom any particular elector has voted.

When the Returning Officer has selected from any parcel all the voting papers he is required to select therefrom, he shall forthwith, in the presence of his assistants and such scrutineers as are present, close up the parcel, and shall endorse thereon a memorandum of the fact of the voting papers having been selected from that parcel, specifying the same by the name of the person to whom they appear to have been delivered, and shall sign the endorsement with his name.

The Returning Officer shall set aside all voting papers selected by him from any parcel, as herein provided, and shall, in the presence of such scrutineers as are present, make up those voting papers in a separate parcel, and shall endorse the parcel with a description of the contents thereof, and shall sign the endorsement with his name.

On completion of the scrutiny hereinbefore directed, the Returning Officer, with such assistants as he considers necessary, and in the presence of such scrutineers as are present and of any Justice whom he requests to attend, shall select and open one of the parcels of used voting papers referred to in section 39(1) of this Act.

The Returning Officer shall then deal with those voting papers as follows:

The Returning Officer shall deal in like manner with the voting papers contained in the other parcels of used voting papers.

The voting papers of special voters shall be dealt with in like manner, after which they shall be made up together into a parcel, which shall be properly secured and shall be endorsed in the manner hereinbefore described.

When all the voting papers have been dealt with in the manner prescribed in the foregoing provisions of this section, the Returning Officer shall—

Where there is an equality of votes between candidates and the addition of a vote would entitle any of those candidates to be declared elected, the Returning Officer shall determine by lot which candidate shall be elected.

Where any candidate has reason to believe that the public declaration by the Returning Officer of the number of votes received by any candidate is incorrect, and that on a recount thereof the first-mentioned candidate might be found to be elected, he may within 3 days after the public declaration apply to a Magistrate for a recount of the votes.

Every such application shall be accompanied by a deposit of $ 20.

If the Magistrate is satisfied that the applicant has reasonable cause to believe that the declaration is incorrect and that on a recount the applicant might be found to be elected, the Magistrate shall, as soon as practicable after receiving the application and deposit as aforesaid, cause a recount of the votes to be made, and shall give notice in writing to the Returning Officer and to each of the candidates and to each scrutineer appointed under section 40(2) of this Act or under subsection (4) of this section of the time and place at which the recount will be made.

Each candidate may, by writing under his hand, appoint one or more scrutineers for the recount, whether or not he appointed one or more scrutineers under section 40(2) of this Act, who, in any case where he appointed one or more scrutineers under that section, shall be in addition to or in substitution for any scrutineer or scrutineers appointed under that section. Every scrutineer appointed under this subsection shall, before being allowed to act, make a declaration before the Returning Officer in form 1 in the First Schedule to this Act.

Not more than one scrutineer for any candidate shall be present at any time at the recount under this section.

At the recount the Returning Officer shall produce to the Magistrate all the voting papers used at the election.

The recount shall be made in the presence of the Magistrate, or of an officer appointed by him for the purpose, and shall, as far as practicable, be made in the manner provided in the case of the original count, and section 41(4) of this Act (relating to the secrecy of the ballot) shall, with any necessary modifications, apply to the recount.

If on the recount the Magistrate finds that the public declaration was incorrect, he shall order the Returning Officer to give an amended declaration under section 42 of this Act of the result of the election.

The Magistrate may make such order as to the costs of and incidental to the recount as he thinks just, and, subject to any such order, shall direct the deposit made under this section to be returned to the person who made it.

Where any candidate, not being a candidate for the office of Mayor, dies after the close of the voting and—

and that candidate would, but for his death, have been declared to be elected, the Returning Officer shall declare the other successful candidates to be elected, and the vacancy resulting from the death of the candidate shall be deemed to be an extraordinary vacancy occurring on the date of the declaration or of the amended declaration, as the case may be, as if that candidate had been a member of the local authority on the date of the declaration or amended declaration.

As soon as practicable after the completion of the official count, the Returning Officer shall enclose in separate packets in the following manner all the parcels transmitted to him by the several Deputy Returning Officers or made up and secured by himself, namely:

The Registrar of the Magistrate’s Court shall forthwith give or send to the Returning Officer a receipt under his hand for the said packets, and shall keep them for 6 months thereafter, and shall not open them or permit them to be opened except on the order of some Court of competent jurisdiction. At the end of that period the Registrar shall effectively destroy the packets.

The Returning Officer shall send the master roll to the Clerk or other principal administrative officer of the local authority, who shall keep it until the close of the next general election of members of the local authority. Any elector of the local government area may inspect the master roll at the office of the local authority without payment of any fee at any time during ordinary office hours.

Every Deputy Returning Officer shall give to the Returning Officer a receipt specifying the total number of voting papers received by him, and shall be personally responsible for the safe custody of all such voting papers from the time they are received by him until they are issued or otherwise disposed of by him in accordance with this Act.

Every Deputy Returning Officer shall be personally responsible for the safe custody of all voting papers used at the polling booth at which he presides from the time each voting paper was placed in the ballot box by the voter until the parcel of used voting papers has been delivered to the Returning Officer as provided in this Act and the Deputy Returning Officer has obtained from the Returning Officer a receipt in writing for the parcel, which receipt the Returning Officer is in all cases required to give on that delivery.

In like manner the Returning Officer shall be personally responsible for the safe custody of all voting papers used at the polling booth at which he presides until they have been sent to the Registrar of the nearest Magistrate’s Court as required by section 45(1) of this Act, and also for the safe custody of all parcels of used voting papers for which he has given a receipt to a Deputy Returning Officer, until they have been sent by him to the Registrar of the nearest Magistrate’s Court as aforesaid.

Every Returning Officer or Deputy Returning Officer who fails to take reasonable steps to secure the safe custody of all voting papers for which he is responsible, with the result that any such voting paper is removed from his custody, commits an offence, and is liable to imprisonment for a term not exceeding 1 year or a fine not exceeding $ 200, or to both.

Every Returning Officer or Deputy Returning Officer shall maintain order and keep the peace at the polling place where he is conducting the election, and may, without any other warrant than this Act,—

All constables shall aid and assist the Returning Officer or Deputy Returning Officer in the performance of his duty.

Where the election at any polling place cannot start or has to be suspended, whether by reason of riot or open violence, natural disaster, or any other cause, the Returning Officer or Deputy Returning Officer shall adjourn the taking of the election at that polling place to the next day that is not a Sunday or a public holiday in the local government area, and if necessary from day to day until the election can be taken, and shall forthwith give public notice of the adjournment in such manner as he thinks fit:

Provided that the election shall not be kept open for more than 10 hours in all at any polling place.

Notwithstanding anything in this Act or in any other Act, where an election is required to be held in a combined local government area which comprises the whole or parts of several constituent local government areas, the Returning Officer for the combined local government area may, forthwith after the close of nominations, appoint the Returning Officer for any constituent local government area to conduct the election in that constituent local government area, and thereupon this Act shall apply as if the election was to be held in the constituent local government area only:

Provided that the Returning Officer for the constituent local government area shall not provisionally announce under section 39 of this Act the total number of votes received by each candidate at the election or declare under section 42 of this Act the result of the election, but shall, after ascertaining the number of votes recorded in the constituent local government area for each candidate on the preliminary count and on the official count respectively, forthwith send a certificate signed by him giving particulars of the numbers to the Returning Officer for the combined local government area, who shall make up the total number of votes received for each candidate and provisionally announce under section 39 of this Act the total number of votes received by each candidate at the election or, as the case may be, declare under section 42 of this Act the result of the election.

Where the Returning Officer for a combined local government area appoints the Returning Officer for any constituent local government area to conduct the election in that constituent local government area under subsection (1) of this section,—

For the purposes of subsection (2) of this section, a polling place at any place outside the local government area of a local authority which, under section 20(3) of this Act, has been appointed to be a polling place for that local government area shall be deemed to be situated within that local government area.

Where the Returning Officer for a combined local government area which comprises the whole or parts of several constituent local government areas himself conducts an election over the whole combined local government area, he may, instead of providing in any polling booth a copy of the roll for the whole combined local government area, provide in any polling booth under the control of the Returning Officer for any such constituent local government area a copy of that portion of the roll of the combined local government area which contains the names of the persons who are electors of that constituent local government area.

Except as otherwise provided in this Act or any other Act, in the case of an extraordinary vacancy in an elective office, the Clerk or other principal administration officer of the local authority shall forthwith give notice of the vacancy to the Returning Officer, and the Returning Officer shall forthwith, by public notice in form 2 in the First Schedule to this Act, appoint a day, being not more than 42 clear days after the receipt by him of notice of the vacancy, for the election to fill the vacancy; and shall in that notice appoint a place for receipt of nomination of candidates and a closing day for receipt of such nominations, being the 36th day before the election:

Provided that—

Except as provided by this section, all the proceedings in an election to fill an extraordinary vacancy shall be the same as in the case of a general election.

Except where otherwise provided in any other Act, where it comes to the knowledge of the Clerk or other principal administrative officer of any local authority (other than a Borough Council or a Town Council or a District Council to which, pursuant to section 143 of the Local Government Act 1974, the Municipal Corporations Act 1954 applies), whether by notice or otherwise, that an extraordinary vacancy has occurred in the office of an elected member of the local authority, he shall forthwith notify the local authority of the vacancy, and the local authority shall at its next ordinary meeting or, if that is not practicable, at its next subsequent ordinary meeting, by resolution determine—

Provided that where any such vacancy occurs within 6 months before the date fixed for the next triennial general election, the local authority may by resolution determine that the vacancy shall not be filled.

Where under subsection (1)(b) of this section a local authority determines that a vacancy shall be filled by an appointment to be made by the local authority, it shall forthwith give public notice of its decision, and not less than the specified number of electors for the time being on the roll of the local authority, by notice in writing under their hands delivered at the office of the local authority not later than 30 days after the date of the giving of that public notice, may demand that an election be held to fill the vacancy. If such a demand is made, an election shall be held accordingly.

Where no demand for a poll is received by the local authority pursuant to subsection (2) of this section, the local authority shall, at a meeting held not later than 30 days after the expiration of the time specified in that subsection for demanding a poll, by resolution make an appointment to fill the vacancy, and shall forthwith give public notice of that appointment. The person so appointed shall for all purposes be deemed to have been elected to fill the vacancy on the date on which that resolution is made.

The Clerk or other principal administrative officer shall forthwith give notice to the Returning Officer of every decision of the local authority under subsection (1)(a) of this section and of every demand received by the local authority under subsection (2) of this section and of every decision of the local authority under the proviso to subsection (1) of this section.

Where under subsection (1)(a) or under subsection (2) of this section an election to fill an extraordinary vacancy is required to be held, then, for the purposes of section 50(1) of this Act, the vacancy shall be deemed to have occurred—

For the purposes of subsection (2) of this section, the term “specified number” means a number equal to 5 percent of the number of electors who were on the roll of electors of the local authority, or of the subdivision in the case of a vacancy in the office of a member representing a subdivision of a local government area, for the immediately preceding general election of members of the local authority or representing that subdivision, as the case may be, or 500, whichever is the less.

Nothing in subsection (1) of this section shall apply in any case where an election of Councillors is required to be held under section 43 of the Counties Act 1956.

Except where otherwise provided in any other Act or where the vacancy occurs pursuant to section 19 or section 44 of this Act, where an extraordinary vacancy occurs in the office of a member of a Borough Council or a Town Council or a District Council to which, pursuant to section 143 of the Local Government Act 1974, the Municipal Corporations Act 1954 applies (not being the office of Mayor), it shall not be necessary to hold an election to fill that vacancy, unless—

For the purposes of subsection (1) of this section, in determining the total number of members of a Borough Council or District Council, the Mayor shall be deemed not to be such a member.

Notwithstanding anything in subsection (1) of this section,—

The Town Clerk shall forthwith give notice to the Returning Officer of every decision of the Council under paragraph (a) of subsection (3) of this section to hold an election to fill an extraordinary vacancy occurring in the office of a member of the Council and of every demand received by the Council under that paragraph and of every decision of the Council under paragraph (d) of that subsection.

For the purposes of section 50(1) of this Act,—

Every person commits an offence, and is liable to a fine not exceeding $ 100, who—

Every person commits an offence, and is liable to a fine not exceeding $ 200, who commits any of the following offences:

Nothing in this section shall apply to any official statement or announcement made or exhibited under the authority of this Act.

Every person commits an offence, and is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $ 500, or to both, who, at any time after public notice has been given pursuant to section 11 of this Act of any election and before the close of voting, publishes or exposes, or causes to be published or exposed, to public view any document, or writing, or printed matter, containing any untrue statement defamatory of any candidate and calculated to influence the vote of any elector.

Every person commits an offence, and is liable to a fine not exceeding $ 500, who erases, obliterates, or alters any official mark, stamp, or writing on any voting paper, or places thereon any writing, print, or other matter which might lead persons to believe that the same was put thereon by any officer or person duly authorised in that behalf.

Every person commits an offence who—

Every person who commits an offence against subsection (2) of this section is liable on conviction on indictment—

Every person commits an offence, and is liable on conviction on indictment to imprisonment for a term not exceeding 2 years, who—

Every person commits the offence of bribery who—

Every person commits the offence of treating who corruptly, by himself or by any other person on his behalf, either before, during, or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing, any food, drink, entertainment, or provision to or for any person—

Every person commits the offence of treating who, being the bolder of a licence for the sale by retail of intoxicating liquor, knowingly supplies any food, drink, entertainment, or provision—

Every elector who corruptly accepts or takes any such food, drink, entertainment, or provision also commits the offence of treating.

Notwithstanding anything in this section the provision of a light supper after any election meeting shall be deemed not to constitute an offence of treating.

Every person commits the offence of undue influence who, directly or indirectly, by himself or by any other person on his behalf, makes use or threatens to make use of any force, violence, or restraint, or inflicts or threatens the infliction, by himself or by or through any other person, of any injury, damage, harm, or loss, or in any other manner practises intimidation upon or against any person in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or refrained from voting, at any election, or who by abduction, duress, or any fraudulent device or contrivance, hinders, prevents, or otherwise interferes with the free exercise of the franchise by any elector, or thereby compels, induces, or prevails upon any elector either to give or to refrain from giving his vote at any election.

Every person commits the offence of personation who at any election applies for a voting paper in the name of some other person, living or dead, or of a fictitious person, or who, having voted once at any election, applies again at the same election for a voting paper in his own name.

In any indictment or other prosecution of an offence in relation to any ballot box, voting papers, or marking instruments at an election, the property in the box or those papers and instruments may be stated to be in the Returning Officer at that election.

Every officer, clerk, scrutineer, and constable in attendance at a polling place shall maintain and aid in maintaining the secrecy of the voting in that polling place, and shall not communicate to any person, except for some purpose authorised by law, any information likely to defeat the secrecy of the ballot.

No person, except as provided by this Act, shall interfere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain in the polling place information as to the candidate for whom any voter in the polling place is about to vote or has voted, or communicate at any time to any person any information obtained in a polling place as to the candidate for whom any voter at the polling place is about to vote, or has voted, or as to the number on the voting paper given to any voter at that polling place.

Every person in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not communicate any information obtained at that counting as to the candidate for whom any vote is given in any particular voting paper.

No person shall, directly or indirectly, induce any voter to display his voting paper after he has marked it, so as to make known to any person the name of the candidate for or against whom he has voted.

Every person who does any act in contravention of or fails to comply with any provision of this section commits an offence, and is liable to imprisonment for a term not exceeding 6 months.

Every person commits an offence, and is liable to a fine not exceeding $ 100, who—

Every Returning Officer or Deputy Returning Officer commits an offence, and is liable to a fine not exceeding $ 100, who is guilty of any wilful or negligent act of commission or omission contrary to the provisions of this Act in respect of any election, and for which no other penalty is imposed by this Act.

In this Part of this Act and in the Third Schedule to this Act, unless the context otherwise requires,—

Any local authority may, by resolution, determine that any specified election for a member or members of that local authority or any poll on any issue to be taken by that local authority shall be conducted by postal vote, and the Returning Officer shall conduct that election or poll by postal vote accordingly.

Where that local authority is a Borough Council, a County Council, a Town Council, or a District Council, the Returning Officer for the council shall conduct by postal vote any other election or poll within the local government area for which he is the Returning Officer (including an election of members of a community council or district community council) and which is to be held in the local government area at the same time:

Provided that nothing in this subsection shall be construed to affect the provisions of section 49 of this Act.

Subject to this Part of this Act, every election or poll conducted by postal vote shall be conducted in accordance with Part II of this Act.

For the purposes of any election conducted by postal vote,—

As soon as practicable after the 16th day before the date on which the election is to be held and in any case not later than the 8th day before that date, the Returning Officer shall forward by post addressed to each elector at the address shown against that elector’s name on the roll, or at his usual postal address in New Zealand, if to the knowledge of the Returning Officer that address is different from the address shown on the roll, one voting paper in respect of that election of members of the local authority and one voting paper in respect of every other election held concurrently with that election, together with an envelope stamped and addressed to the Returning Officer.

Every such envelope shall, in addition to the address of the Returning Officer, bear on its face the consecutive number or the page and line number, or all of them, of the elector’s name on the roll, and, in the case of a local authority whose local government area is subdivided for electoral purposes, the name of the subdivision of the local government area in which the elector is entitled to vote at that election.

In any case where the Returning Officer considers it desirable to do so—

The accidental omission by the Returning Officer to forward voting papers to any elector whose name appears on the roll, shall not be a ground on which a petition for an inquiry into the conduct of the election may be founded.

On receipt by him of the voting papers forwarded by the Returning Officer, the elector shall alone and secretly on each voting paper exercise his vote in accordance with the instructions on the voting paper and in accordance with any additional instructions that the Returning Officer may consider it advisable to give to the elector.

Where any elector—

each voting paper may be marked by the voter with the assistance of an elector of the local authority or may be marked by an elector of the local authority in accordance with the instructions of the voter.

Notwithstanding anything in the Third Schedule to this Act, section 36(7) of this Act shall apply with respect to every person assisting any person to vote under subsection (2) of this section.

After the votes of an elector have been exercised as provided in section 69 of this Act, the elector shall enclose the voting papers in the envelope addressed to the Returning Officer, taking care to ensure that only his own voting papers are included in that envelope, and shall by hand or post deliver that envelope to the Returning Officer or to any Deputy Returning Officer appointed by the Returning Officer.

For the purposes of this Part of this Act, delivery into the private receiving box or private mail bag of the Returning Officer at a post office shall be deemed delivery to the Returning Officer, but any other delivery to any office of the post office or delivery to any other person except a Deputy Returning Officer shall not be deemed delivery to the Returning Officer.

On polling day, the Returning Officer shall keep his office open until the close of voting to enable envelopes containing voting papers to be handed to him.

No voting paper shall be valid unless it is delivered to the Returning Officer or any Deputy Returning Officer before the close of voting.

Any envelope containing voting papers delivered after the close of voting to the Returning Officer or any Deputy Returning Officer shall be marked “Delivered after the close of voting”, and shall be signed by the Returning Officer or the Deputy Returning Officer and marked with his official mark and shall be set aside unopened.

Any elector whose name appears on the copy of the roll used at the election who claims not to have received his voting papers or to have spoilt or destroyed them shall be entitled to vote as a special voter, and for this purpose section 37 of this Act shall be deemed to be extended to include such electors in the classes of electors who may vote at any election as special voters.

At any time before the close of voting, the Returning Officer may, if he thinks fit, sort the envelopes containing voting papers into numerical sequence of the consecutive numbers as they are returned, so as to facilitate the preliminary count of votes.

The Returning Officer may also commence a scrutiny of the roll from those unopened envelopes.

Any such sorting or scrutiny shall be conducted at preappointed times arranged with all the scrutineers appointed in accordance with section 27 of this Act and in the presence of such of those scrutineers as choose to be present.

The envelopes so sorted shall be deposited unopened in locked ballot boxes in accordance with section 75 of this Act, and shall not be removed except for further sorting or the scrutiny, and shall immediately thereafter be returned unopened to those ballot boxes, which shall be again locked.

The Returning Officer shall provide in his office one or more locked ballot boxes, or, in the case of a local government area that is subdivided for electoral purposes, one or more locked ballot boxes for each subdivision of the local government area in which an election is conducted, and shall forthwith place unopened in that ballot box, or, as the case may be, in one of those ballot boxes, all envelopes, or, as the case may be, all envelopes bearing the name of that subdivision, received by him before the close of voting. No such ballot box shall be opened until after the close of voting.

Any ballot box containing envelopes delivered to the Returning Officer before the close of voting shall, except during ordinary office hours, be kept by him in a locked and fireproof room, or in a fireproof container in a locked room.

Notwithstanding anything in the foregoing provisions of this section, any ballot box may be unlocked for the purpose of removing and sorting under section 74 of this Act the envelopes contained therein and undertaking a scrutiny of the roll under that section and of replacing those envelopes, and this section shall be deemed to be modified accordingly.

The Returning Officer may from time to time, on any day up to and including the day preceding the date of the election, publicly announce the total number of persons to whom voting papers have been sent and the number of envelopes containing voting papers delivered to him.

From time to time but before taking action pursuant to subsection (2) of this section, the Returning Officer shall cause to be made up into separate parcels all the counterfoils of voting papers that have been used at the election, all spoilt voting papers, and all the unused voting papers with their counterfoils attached.

After the close of voting, the Returning Officer and such members of his staff as are authorised by him shall open the ballot boxes and extract the envelopes.

Each envelope shall then be opened and the voting papers extracted therefrom, and the envelope shall be placed to one side.

In any case where it appears that any one or more voting papers contained in the envelope are in respect of an election or elections at which the elector is not entitled to exercise a vote, all the voting papers shall be replaced in the envelope, and that envelope shall be placed on one side.

Where any envelope has been set aside under subsection (4) of this section, the Returning Officer, taking care to ensure that the voting papers contained in that envelope are so covered that the votes recorded thereon are not seen by any person present, shall take such steps as he considers necessary to ascertain whether any additional voting papers included in that envelope are those of some other elector. Where the Returning Officer is satisfied that those votes should be allowed, he shall include them in the preliminary count of the votes under this section, and those voting papers and the envelope in which they were contained shall be placed on one side. Those voting papers shall be included in the official count.

All voting papers which do not clearly indicate the candidate or candidates for whom the voter desired to vote shall be set aside as informal.

When all envelopes have been dealt with, the total number of votes recorded for each candidate at the election shall be ascertained.

Subject to section 63(b) of this Act (as modified, in relation to elections and polls held by postal vote, by the Third Schedule to this Act), the Returning Officer shall provisionally announce the total number of votes received by each candidate at the election, and may include in that total the number of special votes received by the candidate and allowed by the Returning Officer up to the time of the announcement.

Immediately after ascertaining the number of votes recorded for each candidate, the Returning Officer shall make up into separate parcels the used voting papers, together with (but in separate enclosures) the voting papers set aside under subsections (5) and (6) of this section; and shall seal each parcel and endorse it with a description of its contents, the name of the local government area and, where applicable, the name of the subdivision, and the date of the polling; and each endorsement shall be signed by the Returning Officer and by such of the scrutineers as are present and consent to sign it.

The Returning Officer may request a Justice to attend at the preliminary count of votes pursuant to this section.

After the completion of the preliminary count of the votes pursuant to section 77 of this Act, the Returning Officer shall in the presence and the hearing of such scrutineers as are present, from the envelopes delivered to him and from the records of special votes exercised, conduct a scrutiny of the roll, or, if a scrutiny of the roll has been commenced under section 74 of this Act, complete the scrutiny of the roll, by drawing on a copy of the roll (called the master roll) a line in pencil or ink through the number and name of every elector who appears to have voted.

If, from the marking of the master roll and all the records of special votes exercised in respect of the local government area and after such inquiry as the Returning Officer thinks necessary, it appears that any person has voted more than once at the election, the Returning Officer shall, in the presence of such scrutineers as choose to be present, extract the voting papers on which the number corresponding to the name of that person appears and, taking care to ensure that the voting papers so extracted are so covered that the votes recorded thereon are not seen by any person present, shall disallow every vote appearing to have been given by means of the voting papers so extracted:

Provided that, if the Returning Officer is satisfied that the voter lawfully received and returned a voting paper or voting papers and that he was not in any way concerned in the issue or return of any other voting paper or voting papers, the Returning Officer shall allow the valid vote or votes given by means of the voting paper or voting papers lawfully received and returned by the voter, and shall disallow the other vote or votes.

In this Part of this Act and in the Fourth Schedule to this Act, unless the context otherwise requires,—

Any local authority may, by resolution, determine that any specified election for a member or members of that local authority or any poll on any issue to be taken by that local authority shall be conducted over such number of consecutive days (excluding Sundays, days that are public holidays in the local government area, and Saturdays except where the last day of the polling period is a Saturday), not exceeding 11, as the local authority determines, and the Returning Officer shall conduct that election or poll accordingly.

Where that local authority is a Borough Council, a County Council, a Town Council, or a District Council, the Returning Officer for the council shall conduct over the same consecutive days any other election or poll within the local government area for which he is the Returning Officer (including an election of members of a community council or district community council) and which is to be held in the local government area at the same time:

Provided that nothing in this subsection shall be construed to affect the provisions of section 49 of this Act.

Subject to this Part of this Act, every election or poll conducted over consecutive days shall be conducted in accordance with Part II of this Act.

For the purposes of any election conducted over consecutive days, this Act shall have effect as if it had been amended in the manner indicated in the Fourth Schedule to this Act.

The hours of voting at any election conducted over consecutive days shall be as follows:

The Returning Officer may appoint such number of polling places for each day of the polling period as he thinks fit for the taking of the election on that day, and he may, if he so desires, appoint different polling places for different days of the polling period.

Ballot boxes containing votes exercised, and all rolls, unused voting papers, counterfoils, and other material used in connection with the election, shall immediately on the close of the voting on each day of the polling period, except the last day of the polling period, be placed in a locked and fireproof room or in one or more fireproof containers in a locked room by the Returning Officer, or by the Deputy Returning Officer in charge of any polling place in accordance with the directions given him by the Returning Officer, and shall not be removed from that room until they are required for the conduct of the election on the following day.

The Returning Officer may at any time during the polling period publicly announce the number of voting papers that have been issued up to that time.

Sections 113 and 116 of this Act shall have effect only in respect of the last day of the polling period.

In this Part of this Act the term “election” means any election or poll at which one or more mobile polling places are used pursuant to section 88 of this Act.

Any local authority may, by resolution, authorise the Returning Officer to use one or more mobile polling places at any specified election or poll, not being an election or poll conducted by postal vote, in addition to the polling places required by this Act.

Where the Returning Officer uses any mobile polling place at any election or poll, he shall also use that polling place for the purposes of every election of members of any other local authority of which he is Returning Officer which he is required to conduct at the same time as the first-mentioned election or poll, and any poll that is required to be held at the same time as the first-mentioned election or poll.

Subject to this Part of this Act, every election or poll at which one or more mobile polling places are used shall be conducted in accordance with Part II of this Act.

Where any mobile polling place is used at an election or poll held under Part IV of this Act, and is not used solely on the last day of the polling period, section 81 of this Act (including the Fourth Schedule to this Act) and section 84 of this Act, as far as they are applicable and with the necessary modifications, shall apply with respect to that mobile polling place.

For the purposes of any election, and subject to this Part of this Act, Part II of this Act shall apply to every mobile polling place as if the mobile polling place were a polling place established under the said Part II

Notwithstanding anything in section 28 of this Act, every mobile polling place shall be open for voting at such times between the hours of 9 a.m. and 7 p.m. on polling day and at such places as the Returning Officer determines:

Provided that a mobile polling place shall not be open for voting while in transit to or from any other polling place:

Provided also that where a mobile polling place is being used at an election conducted pursuant to Part IV of this Act, it shall be open for voting at such times and at such places within the hours specified in or fixed pursuant to section 82 of this Act as the Returning Officer determines.

Every place at which a mobile polling place is for the time being stationed pursuant to section 90 of this Act shall be deemed to be a polling place for the purposes of this Act.

The public notice of polling places required to be given under section 20 of this Act shall, in addition to containing the information required to be given under that section, describe the places at which every mobile polling place used at the election will be stationed and the times between which the mobile polling place will be open at those places for the purposes of polling.

A mobile polling place shall not depart from any such place before the time advertised for its departure from that place:

Provided that the failure to station a mobile polling place at any place for the full period notified shall not affect the results of the election.

The Returning Officer may, if he thinks fit, station any mobile polling place at or adjacent to any other polling place at such times as he may determine between the hours of 9 a.m. and 7 p.m. on polling day, or, in the case of an election conducted pursuant to Part IV of this Act, at any time within the hours specified in or fixed pursuant to section 82 of this Act, not being times of which public notice has been given pursuant to section 92 of this Act; and, for the purposes of this Act, the mobile polling place shall be deemed to be a polling place at that other polling place while so stationed there.

As soon as practicable after the close of voting or, in the case of an election conducted pursuant to Part IV of this Act, the close of voting on the last day of the polling period, the Deputy Returning Officer in charge of a mobile polling place shall, if so directed by the Returning Officer, transfer unopened every ballot box, together with all voting papers, rolls, and other papers and equipment used or issued for use in the mobile polling place in connection with the election, to another polling place used for the election, and shall there undertake, in the presence of such scrutineers as are appointed to the mobile polling place as are present and such poll clerks as are likewise appointed, the duties imposed upon him by section 39 of this Act.

For the purposes of the election, section 39(2) of this Act shall have effect as if the words “the name and number of the polling booth” were omitted in respect of parcels made up by the Deputy Returning Officer at a mobile polling place.

Except where otherwise specially provided in any other Act, not less than 42 clear days before any poll the Returning Officer shall give public notice thereof.

Except as provided in subsections (2) and (3) of this section, the voting papers to be used at any poll shall be in form 9 in the First Schedule to this Act.

The voting papers to be used at any poll upon a proposal to raise a special loan under the Local Authorities Loans Act 1956 shall be in form 10 in the First Schedule to this Act, and shall contain full particulars of the information specified in paragraphs (b) to (e) of section 35 of the first-mentioned Act and any other information required by the Local Authorities Loans Board.

The voting papers for the purposes of a poll on a proposal under the Rating Act 1967 to change a system of rating shall be in form 11 in the First Schedule to this Act.

Subsections (2) and (3) of section 25 of this Act shall apply with respect to every poll as if the references in those subsections to voting papers to be used at an election were references to voting papers to be used at a poll.

The voting papers to be used at any poll shall be printed on paper of uniform colour, and, where an election and a poll or 2 or more polls are held simultaneously, the voting papers in each case shall be different in colour:

Provided that—

Scrutineers for the taking of a poll may be appointed in the following manner:

Every scrutineer selected under this section shall, before being allowed to act, make a declaration in form 1 in the First Schedule to this Act before the Returning Officer, or before the Deputy Returning Officer at the polling booth for which he is appointed.

Where more than one scrutineer for or against the proposal is selected for any polling booth under this section, not more than one scrutineer for or against the proposal shall be present in the polling booth at any time.

Any scrutineer may at any time during the hours of polling leave and re-enter the polling place for which he is selected.

A scrutineer representing those in favour of the proposal and a scrutineer representing those opposed to the proposal may be nominated and selected in the aforesaid manner to attend the official count of the poll, and the Returning Officer shall advise any scrutineer so nominated and selected of the time and place of the official count.

Except where otherwise specially provided, the provisions of this Act as to elections, as far as they are applicable and with the necessary modifications, shall extend and apply to polls.

Where any candidate and 5 electors, or where any 10 electors, are dissatisfied with the result of any election or poll held or taken under this Act, or under any other Act to which this Act or any provisions thereof are applied, they may, within 21 days after the giving of public notice under section 42 of this Act declaring the result or, as the case may be, the amended result of the election or poll, by petition in the Court as hereinafter mentioned, demand an inquiry as to the conduct of the election or poll, or of any candidate or other person thereat.

Every such petition shall be accompanied by a deposit of $ 20.

The petition shall be in such one of the forms in the Second Schedule to this Act as is applicable, or to the like effect, and shall be filed in the Magistrate’s Court nearest to the principal polling place for the election or poll to be inquired into, and shall be heard and determined before any Magistrate exercising jurisdiction at that Court.

The petition shall allege the specific grounds on which the complaint is founded, and no grounds other than those stated shall be investigated except by leave of the Magistrate and upon reasonable notice being given, which leave may be given on such terms and conditions as the Magistrate thinks just:

Provided that, in the case of an election, evidence may be given to prove that the election of any rejected candidate would be invalid in the same manner as if the petition had complained of his election; and, in the case of a poll, evidence may be given to prove that some proposal other than that declared to be carried was carried and not rejected, or was rejected and not carried.

Any candidate in the case of an election or any 6 electors in the case of a poll, and, if the petition complains of the conduct of the election or poll by the Returning Officer or a Deputy Returning Officer, the Returning Officer or that Deputy Returning Officer, may, at any time before the commencement of the inquiry, file in the Court in which the petition is filed a notice in writing of his or their intention to oppose the petition, and thereupon the candidate or electors or the Returning Officer or Deputy Returning Officer giving the notice shall be deemed to be the respondent or respondents to the petition.

The inquiry shall be commenced within 14 days after the filing of the petition, and not less than 7 days’ public notice shall be given of the time and place at which the inquiry will be held.

For the purposes of the inquiry, the Magistrate shall have and may exercise all the powers of citing parties, compelling evidence, and maintaining order that he would have in his ordinary jurisdiction, and, in addition, may at any time during the inquiry direct a recount or scrutiny of the votes given at the election or poll, and shall disallow the vote of every person who—

The Magistrate shall determine whether, by reason of some irregularity that in his opinion materially affected the result of the election or poll, the election or poll is void, or whether, in the case of an election, the candidate whose election is complained of, or any and what other candidate, was duly elected; or whether, in the case of a poll, any and what proposal was duly carried.

Where on any such inquiry the Magistrate is of opinion that any irregularity has been wilfully committed by any person, he shall direct the chief officer of police in or nearest to the local government area to take proceedings for the prosecution of that person, who on conviction shall (unless some other penalty is elsewhere prescribed) be liable—

The Magistrate may order that the expenses of and incidental to the inquiry shall be borne either by any party to the inquiry or, where he declares the election or poll void on the ground or partly on the ground of any negligence or misfeasance of any Returning Officer or other person acting officially at the election or poll, may order that those expenses or any part thereof shall be borne by that Returning Officer or other person; and the order shall have the same effect and may be enforced in like manner as if it were a judgment for a sum of money obtained under the Magistrates’ Courts Act 1947 in an action for debt in the Magistrate’s Court in which the petition is filed:

Provided that no such order shall be made against any person other than a party to the inquiry, unless he has been summoned to attend and give evidence at the inquiry.

Subject to any such order, the Magistrate shall direct that the deposit accompanying any petition under section 99 of this Act shall be returned to the person who paid the deposit, unless the Magistrate is of opinion that the petitioners have failed to establish the grounds specified in their petition, or any other grounds investigated by leave of the Magistrate, in which case the deposit or the surplus remaining after satisfying the order shall be forfeited to the Crown.

Where an election or poll is declared void, a new election or poll shall, on a day to be fixed by the Returning Officer, being as soon as practicable but not later than 49 days after the date of that declaration, be held or taken under the same provisions, as far as practicable, as those applicable to the void election or poll:

Provided that where an election or poll is declared void after the 8th day of November and before the 27th day of December in any year, the day to be so appointed for the new election or poll, as the case may be, shall be a day not more than 49 clear days after the 27th day of December:

Provided also that only persons who were eligible to vote at the void election or poll shall be eligible to vote at the new election or poll, and the roll which was used at the void election or poll shall be used at the new election or poll without any amendment or addition.

Any person who was qualified to be nominated as a candidate at the void election and who retains his qualification shall be eligible to be nominated as a candidate at the new election, whether or not he was a candidate at the void election.

Every determination or order under this Part of this Act shall be final and conclusive, and no such determination or order shall be removed by certiorari or otherwise into the Supreme Court, nor shall any proceedings be taken in the Supreme Court for trying therein the validity of any election or poll.

Every person who—

shall, forthwith after the date on which he becomes so entitled, make a claim in the prescribed form to be enrolled on that roll of electors.

Every such person commits an offence if, for 21 days after the date on which he becomes so entitled, he fails to become enrolled on the roll of electors, unless he proves that he duly made a claim for enrolment thereon or that his failure to make a claim for enrolment was not due to wilful default.

Every such offence shall be a continuing offence until a claim for enrolment has been duly made.

Every person who commits an offence against this section is liable to a fine not exceeding $ 10 on a first conviction and to a fine not exceeding $ 20 on any subsequent conviction.

Notwithstanding the provisions of any other Act, no bank, joint stock or other company, firm, partners, joint tenants, or tenants in common, no body corporate or corporation sole, and no society or association of persons, whether corporate or unincorporate, shall be entitled to vote at any election or poll solely by virtue of a rating qualification, except through a person nominated in accordance with this section.

Any bank, joint stock or other company, firm, partners, joint tenants, or tenants in common, any body corporate or corporation sole, or any society or association of persons, whether corporate or unincorporate,—

may, in writing in a form acceptable to the Clerk or other principal administrative officer of the local authority, nominate some member or officer of the bank, company, firm, body corporate, society, or association, or any one of those partners, joint tenants, or tenants in common, or, in the case of a corporation sole, any person, to be entered on the roll of electors for the local government area of the local authority in which the property is situated:

Provided that in the case of a partnership, or joint tenancy, or tenancy in common the partner or tenant whose name is ordinarily used as the first or leading name in the partnership or tenancy shall be deemed to be the person so nominated, unless another of the partners, joint tenants, or tenants in common has been nominated by the partners, joint tenants, or tenants in common in accordance with this subsection.

Every nomination made pursuant to subsection (2) of this section shall be delivered or sent to the Clerk or other principal administrative officer of the local authority, at the office of the local authority, and shall contain the full name, occupation, and address of the nominee and the address of the rateable property to which the nomination refers.

Upon receipt of a nomination in accordance with subsection (3) of this section, and upon being satisfied that the requirements of subsection (2) of this section have been met, and that no other current nomination in respect of the same property is held, the Clerk or other officer responsible for compiling the electoral roll shall thereupon enter the name and address of the nominee on the roll:

Provided that the name of any person shall not appear more than once on the roll, whether as a nominee under this section or in any other capacity.

Every person whose name is entered on a roll of electors pursuant to this section shall, for the purposes of any election or poll, be deemed to possess a rating qualification for the purposes of candidature and voting.

No bank, company, firm, body corporate, corporation sole, society, association, partners, joint tenants, or tenants in common to which this section applies owning 2 or more separately rateable properties within the local government area of any local authority shall nominate more than one person to appear on the roll of electors for the local government area or any subdivision of the local government area of that local authority, as the case may be.

Any nomination under this section may at any time, by notice in writing delivered or sent to the Clerk or other principal administrative officer of the local authority at the office of the local authority, be revoked by the bank, company, firm, society, body corporate, corporation sole, association, partners, joint tenants, or tenants in common by which or by whom it was made.

Subject to sections 22 and 107 of this Act, every roll containing the names of the persons entitled to vote at any election or poll shall be deemed to be closed at 4 o’clock in the afternoon of the 29th day preceding polling day, and shall continue closed until the election is completed or the poll is taken.

Except pursuant to appeal under any provisions applying in that behalf, in cases where the appeal was pending at the time when the roll was closed, or for the purpose of complying with a claim for enrolment or of an application for the alteration of an entry in the roll, delivered to the Clerk or other principal administrative officer of the local authority before the closing of the roll, no alteration or addition shall be made in or to any roll while it is closed as aforesaid:

Provided that nothing in this section shall preclude any person to whom paragraph (b) or paragraph (c) of section 37 of this Act applies from voting as a special voter.

For the purposes of this section—

Notwithstanding anything to the contrary in any Act relating to the constitution of any local authority or to the conduct of elections and polls by or in connection with any such local authority, the following provisions shall apply with respect to aliens in relation to the constitution of local authorities and the conduct of local elections and polls.

No person who is an alien enemy within the meaning of this section shall be qualified to vote at any election of a member of a local authority, or at any election or poll conducted by any local authority, or shall be capable of being elected or appointed as a member of any local authority.

An alien, not being an alien enemy as hereinbefore defined, shall not be capable of being elected or appointed as a member of any local authority, but shall not be disqualified by reason merely of his alien nationality from voting at any election of a member or members of any local authority, or at any election or poll conducted by any local authority.

Every person who by this section is disqualified from being elected or appointed as a member of a local authority commits an offence if he consents to be nominated for election or appointment, or to be appointed, as a member of any such local authority.

Every person who by this section is disqualified from voting at any election or poll commits an offence if he attempts to vote or votes at any such election or poll, or applies for enrolment on the roll of electors for any such election or poll.

Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $ 200, or to both.

Subject to this section, on the polling day at every general election of members of a local authority that is required to be held on the day specified in section 4 of this Act, every employer shall allow every worker in his employment who is an elector of a local government area in which such a general election is being held, and who has not had a reasonable opportunity of recording his vote before commencing work, to leave his work, for the purpose of recording his vote, not later than 3 o’clock in the afternoon for the remainder of the day, and it shall not be lawful for any employer to make any deduction from any remuneration payable to any such worker in respect of any time after the time of his leaving his work as aforesaid.

Where any worker to whom subsection (1) of this section applies is required to work after 3 o’clock in the afternoon on the polling day for the purpose of carrying on any essential work or service, his employer shall on that day allow the worker to leave his work for a reasonable time for the purpose of recording his vote, and no deduction shall be made from any remuneration payable to the worker in respect of any time, not exceeding 2 hours, occupied in recording such vote as aforesaid.

Every employer commits an offence, and is liable to a fine not exceeding $ 40, who contravenes or fails to comply in any respect with any provision of this section.

For the purposes of this section—

This section shall bind the Crown.

Notwithstanding anything to the contrary in any Act or rule of law, but subject to section 8(5) of this Act, no person shall be incapable of being at the same time a member of any local authority and in the employment of that local authority.

No polling place shall be in any licensed premises or in any building belonging to any licensed premises.

In this section the term “licensed premises” has the same meaning as in the Sale of Liquor Act 1962; and includes any premises that are deemed by the Licensing Trusts Act 1949 or the Masterton Licensing Trust Act 1947 or the Invercargill Licensing Trust Act 1950 to be licensed premises for the purposes of the application of any of the provisions of the Sale of Liquor Act 1962.

Any public primary school or intermediate school or secondary school may be appointed to be a polling place under this section (except on days when the school is open for classes), and in every such case it shall be the duty of the Education Board having jurisdiction over the school or, as the case may be, of the governing body of the school, and, in the case of a primary school or intermediate school, of the School Committee or the committee of the school, to place it at the free disposal of the Returning Officer from 4 o’clock in the afternoon of the day before polling day and for the whole of polling day.

The cost of cleaning the school after use as a polling place, and of repairing any damage occasioned by that use, shall be deemed for the purposes of section 118 of this Act to be part of the costs and expenses incident to the election or poll.

The Governor-General may at any time, by Order in Council made at the request of a local authority received by the Minister not later than 6 months before the date of the election or poll, authorise the Returning Officer at any specified election or poll to be held in the local government area of that local authority under this Act, by way of experiment, to use voting machines of the kind specified in the order for the purpose of taking that election or poll.

Any Order in Council made under this section may make such additional provision as the Governor-General considers necessary to enable the election or poll to be conducted in accordance with the procedure authorised in the order.

Every Order in Council under this section shall have effect according to its tenor, notwithstanding anything in this Act, and the election or poll shall be conducted by the Returning Officer accordingly:

Provided that no such Order in Council shall have effect so as to infringe the secrecy of the ballot.

Any Order in Council made under this section shall apply to all other elections and polls held in that local government area simultaneously with the election or poll specified in the order.

The validity of any election or poll conducted in accordance with the provisions of this section shall not be questioned on the ground that the procedure adopted at that election or poll has been adopted by way of experiment.

As soon as practicable after the election or poll, the Returning Officer shall forward to the Minister a full report as to the conduct of that election or poll.

Where a local authority conducts its own election or poll, all reasonable costs and expenses incident to that election or poll, except expenses of scrutineers and other expenses incurred by or on behalf of candidates, shall be paid out of the revenues at the disposal of the local authority.

Where a local authority conducts on behalf of another local authority any election or poll, the local authority on whose behalf the election or poll is conducted shall pay to the local authority conducting the election or poll the reasonable costs and expenses incurred by the last-mentioned local authority in conducting the election or poll, as agreed on by the local authorities concerned.

Any dispute arising as to the amount to be paid pursuant to subsection (2) of this section to the local authority conducting the election or poll shall be determined by the Audit Office after such inquiry as it thinks fit, and the decision of the Audit Office shall be final and binding on the local authorities concerned.

Nothing in this section shall derogate from the provisions of any other Act.

Except where this Act otherwise provides, all offences under this Act or against any regulations under this Act shall be punishable on summary conviction before a Magistrate.

An election or poll shall not be disputed by reason only of any defect in the title or any want of title of the person conducting the election or poll, if that person was actually appointed or was acting in the office giving a right to conduct that election or poll.

An election or poll shall not be declared invalid by reason of any irregularity in any of the proceedings preliminary to the voting, or by reason of any failure to hold the election or poll at any place appointed for holding the election or poll, or to comply with the directions contained in this Act as to the taking of the election or poll or the counting of the votes, or by reason of any mistake in the use of the forms in the First Schedule to this Act, if it appears to the Magistrate having cognisance of the question that the election or poll was conducted in accordance with the principles laid down in this Act, and that the irregularity, failure, or mistake did not affect the result of the election or poll.

The validity of an election or poll shall not be questioned on the ground that the Returning Officer, acting with the authority of the local authority, conducts in conjunction with the election or poll any referendum, not being an election or a poll within the meaning of this Act.

Where anything is omitted to be done or cannot be done at the time required by or under this Act, or is done before or after that time, or is otherwise irregularly done in matter of form, or sufficient provision is not made by or under this Act, the Governor-General may, by Order in Council gazetted, at any time before or after the time within which the thing is required to be done, extend that time, or validate anything so done before or after the time required or so irregularly done in matter of form, or make other provision for the case as he thinks fit.

The Governor-General may from time to time, by Order in Council, make regulations—

The enactments specified in the Fifth Schedule to this Act are hereby repealed.

Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that—

The Auckland Regional Authority Act 1963 is hereby amended by repealing section 7, and substituting the following section:

Section 4 of the Auckland Regional Authority Amendment Act 1965 and section 2 of the Auckland Regional Authority Amendment Act 1973 are hereby repealed.

Section 8 of the Christchurch District Drainage Act 1951 (as substituted by section 4 of the Christchurch District Drainage Amendment Act 1967) is hereby amended by repealing subsection (6), and substituting the following subsections:

Section 10 of the Christchurch Tramway District Act 1920 (as substituted by section 3 of the Christchurch Tramway District Amendment Act 1967) is hereby amended by repealing subsection (3), and substituting the following subsections:

Section 4(1) of the Greytown Trust Lands Act 1956 is hereby amended by omitting the words “of the full age of twenty-one years”, and substituting the words “who has attained the age of 18 years and”.