Electoral Amendment Act (No. 2) 1986
Electoral Amendment Act (No. 2) 1986
Electoral Amendment Act (No. 2) 1986
Electoral Amendment Act (No. 2) 1986
Public Act |
1986 No 116 |
|
Date of assent |
13 December 1986 |
|
Contents
An Act to amend the Electoral Act 1956
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Electoral Amendment Act (No. 2) 1986, and shall be read together with and deemed part of the Electoral Act 1956 (hereinafter referred to as the principal Act).
(2)
This Act shall come into force on the 1st day of January 1987.
2 Representation Commission
(1)
Section 15(2) of the principal Act is hereby amended by omitting from paragraph (b), and also from paragraph (c), the words “General Assembly”
, and substituting in each case the words “House of Representatives”
.
(2)
Section 15 of the principal Act is hereby amended by omitting from the proviso to subsection (4) the words “the House of Representatives”
, and substituting the word “Parliament”
.
3 New heading and section inserted
The principal Act is hereby amended by inserting, after section 31 (as substituted by section 11(1) of the Electoral Amendment Act 1981), the following heading and section:
“Term of Office of Member of Parliament
“31a Term of office of member of Parliament
Where an election is held for any electoral district, the person whose name is endorsed on the writ issued for that election as the person declared to be elected shall, subject to this Act,—
“(a)
Come into office as the member of Parliament for that electoral district on the day after the day of the return of that writ; and
“(b)
Vacate that office at the close of polling day at the next general election.”
4 Speaker’s warrant for issue of writ
(1)
Section 72 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
Where—
“(a)
Parliament is not in session; or
“(b)
The House of Representatives is adjourned and is not due to meet again for more than 14 days,—
and it appears to the Speaker that the seat of any member has become vacant, the Speaker shall forthwith cause a notice of the vacancy and of the cause thereof to be published in the Gazette.”
(2)
Section 72 of the principal Act is hereby further amended by adding the following subsection:
“(5)
Nothing in subsections (1) to (4) of this section applies in respect of any vacancy that occurs in the period between a dissolution or expiration of Parliament and the close of polling day at the next general election.”
5 Copy of writ to be forwarded to Clerk of the House
The principal Act is hereby amended by repealing section 120, and substituting the following section:
“120
As soon as conveniently may be after the return of the writs the Clerk of the Writs shall forward to the Clerk of the House of Representatives a list of the names of the members elected, together with a copy of the writs endorsed as aforesaid.”
6 Method of questioning election
Section 155(1) of the principal Act is hereby amended by omitting the word “Parliament”
, and substituting the words “House of Representatives”
.
7 Rules of Court
Section 160 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:
“(2)
All rules made under this section shall be laid before the House of Representatives not later than the 16th sitting day of the House of Representatives after the day on which they are made.”
8 Restriction on amendment or repeal of certain provisions
Section 189 of the principal Act is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
This section applies to the following provisions (hereinafter referred to as reserved provisions), namely:
“(a)
Section 17(1) of the Constitution Act 1986, relating to the term of Parliament:
“(b)
Section 15 of this Act, relating to the Representation Commission:
“(c)
Section 16 of this Act, and the definition of the term ‘General electoral population’ in subsection (1) of section 2 of this Act, relating to the division of New Zealand into General electoral districts after each census:
“(d)
Section 17 of this Act, relating to the allowance for the adjustment of the quota:
“(e)
Section 39 of this Act, and the definition of the term ‘adult’ in subsection (1) of section 2 of this Act, and paragraph (e) of section 99 of this Act, so far as those provisions prescribe 18 years as the minimum age for persons qualified to be registered as electors or to vote:
“(f)
Section 106 of this Act, relating to the method of voting.”
9 Repeals
The following enactments are hereby repealed, namely:
(a)
Sections 11 to 14 of the principal Act:
(b)
Section 3 of the Electoral Amendment Act 1974:
(c)
Sections 4 and 6(4) of the Electoral Amendment Act 1975:
(d)
Sections 3(4) and 11(2) of the Electoral Amendment Act 1980.
This Act is administered in the Department of Justice.