“17 Printing of ballot papers

• “(1) The Chief Electoral Officer must arrange for the printing of special ballot papers for every electoral district as soon as practicable after nomination day.

  “(2) The ballot paper must be,—

  • “(a) in the case of a general election, in form 14; or

  • “(b) in the case of a by-election, in form 15.

  “(3) Ballot papers may be printed without counterfoils.”

• “(7) Copies of party lists—

  • “(a) must be available for inspection by special voters; and

  • “(b) may be sent to special voters who do not apply in person for special voting papers.”

• “(3) If an elector applies for a special vote under this regulation, only Part 2 of form 17 must be completed.

• “(3A) When Part 2 of form 17 is completed, the Issuing Officer must place the Issuing Officer's official mark in the space provided.”

• “(6) Subclause (7) applies if the Chief Electoral Officer intends to appoint, or has appointed, every polling place in a General electoral district that is situated in a Maori electoral district as a polling place for that Maori electoral district.

• “(7) If this subclause applies,—

  • “(a) Part 2 of form 17 is not required to be printed; and

  • “(b) form 17 must be printed—

    • “(i) with the heading ‘Declaration by special voter where the voter is present at an issuing office or polling place’; and

    • “(ii) without the instructions to voters and the heading to Part 1 of that form.”

• “(10) Every Issuing Officer authorised to issue hospital votes must, in respect of each district and in accordance with the instructions of the Returning Officer,—

  • “(a) make up into separate parcels, endorsed in accordance with section 174A(1)(b) of the Act,—

    • “(i) the certified copies of the main roll and supplementary rolls that have been marked by Issuing Officers to indicate the persons who applied to vote; and

    • “(ii) all the counterfoils of ballot papers that have been issued to voters and all the unused ballot papers and voting papers; and

    • “(iii) all the spoilt ballot papers and voting papers; and

  • “(b) deliver into the possession of the Returning Officer the hospital votes and all parcels mentioned in paragraph (a).”

• “(9) At any time before 3 pm on polling day, every Issuing Officer authorised to issue special votes under this regulation must, in respect of each district,—

  • “(a) make up into separate parcels, endorsed in accordance with section 174A(1)(b) of the Act,—

    • “(i) the certified copies of the main roll and supplementary rolls that have been marked by Issuing Officers to indicate the persons who applied to vote; and

    • “(ii) all the counterfoils of ballot papers that have been issued to voters and all the unused ballot papers and voting papers; and

    • “(iii) all the spoilt ballot papers and voting papers; and

  • “(b) deliver into the possession of the Returning Officer the sealed or locked ballot box and, if applicable, its key and all parcels mentioned in paragraph (a), together with the declarations by special voters to whom this regulation applies.”

• “(1A) Every declaration in form 16 or form 17 must be signed by the person making it and must be witnessed by the Issuing Officer.”

• “(ca) a person approved under regulation 26 and authorised by a candidate to witness, for the purposes of the election, declarations by special voters; or”.

• “(ga) an elector registered in any electoral district; or”.

• “(3A) This subclause and subclause (3B) apply if both Parts 1 and 2 of form 17 are printed.

• “(3B) For the purposes of subclauses (2) and (4), an elector must complete only Part 1 of form 17 if the elector—

  • “(a) has been issued with a declaration in form 17; and

  • “(b) is not a special voter under regulation 22.”

• “(1) If a declaration form is forwarded to the Registrar of Electors under regulation 35(3), the Registrar of Electors must ascertain whether, in accordance with the information available to the Registrar of Electors, the name stated in the declaration is that of a person—

  • “(a) who is qualified to vote under section 60 of the Act; or

  • “(b) whose party vote may not be disallowed under section 178(5A) of the Act.”

• “(e) must, where section 60(d) of the Act may be applicable, ascertain whether the name stated in the declaration appears on a dormant roll for the district as it exists on the day before polling day:

• “(f) must, where section 178(5A) of the Act may be applicable, ascertain whether the name stated in the declaration appears on the roll for any district.”

• “(3A) If the Registrar of Electors is satisfied that the name stated in the declaration is that of a person whose party vote may not be disallowed under section 178(5A) of the Act, the Registrar of Electors must endorse the words ‘Party vote qualified’ on the declaration, and must then return the declaration to the Returning Officer.”

• “(1A) If the words ‘Party vote qualified’ have been endorsed, under regulation 36(3A), on a declaration, the Returning Officer must allow the party vote, but disallow the electorate vote, of the elector stated in the declaration form unless the Returning Officer is required to disallow the party vote in accordance with subclause (3) or subclause (4).”

“38 Procedure where vote allowed

• “(1) If a Returning Officer allows a vote under regulation 37(2), that Returning Officer must identify the envelope with the declaration form when the vote is allowed and must place the envelope in a box specially set aside for the purpose.

  “(2) If a Returning Officer allows a party vote under regulation 37(1A), that Returning Officer must identify the envelope with the declaration form when the party vote is allowed and must place the envelope in a box specially set aside for the purpose.

  “(3) The boxes referred to in subclauses (1) and (2) must be boxes that can be securely closed.”

“45A Electronic issue of ballot papers

• “(1) As soon as reasonably practicable after the close of nominations and at any time before the close of the poll, the Chief Electoral Officer may issue special ballot papers and special voting papers electronically to persons outside New Zealand who are,—

  • “(a) in the case of a general election, electors of any electoral district; or

  • “(b) in the case of a by-election, electors of the electoral district in which the by-election is to be or is being held.

  “(2) The special ballot paper issued under subclause (1) must—

  • “(a) be in form 14 or, as the case may be, form 15; and

  • “(b) have inserted, in the space provided for a declaration number, the consecutive number printed on the declaration.

  “(3) The declaration form issued with the special ballot paper under subclause (1) must be in form 21.

  “(4) The following provisions apply, with any necessary modifications, to the issue of special ballot papers and special voting papers under this regulation:

  • “(a) regulation 17:

  • “(b) regulation 21(4):

  • “(c) regulation 21(5)(a)(iii) and (iv).

  “(5) A copy of the official mark of the Chief Electoral Officer must be present on ballot papers and declarations issued under this regulation.

  “(6) For the purposes of this regulation, special ballot papers and special voting papers are issued electronically if the special ballot papers and special voting papers are able to be—

  • “(a) accessed by electronic means, including (without limitation) by means of remote log-on access; and

  • “(b) readily inspected and reproduced in a useable form.”

“47 Votes to be returned to Returning Officer or Overseas Returning Officer

• “(1) Any person to whom special ballot papers and special voting papers are issued under regulation 45 or regulation 45A may, after voting in the manner prescribed for special voters by Part II, either—

  • “(a) post an envelope containing the declaration form and ballot paper and voting papers (if any) to a Returning Officer or the Chief Electoral Officer in New Zealand; or

  • “(b) deliver or post an envelope containing the declaration form and the ballot paper and voting papers (if any) to an Overseas Returning Officer.

  “(2) If a declaration form and ballot paper and voting papers (if any) are posted to the Chief Electoral Officer in an envelope under subclause (1)(a), the Chief Electoral Officer or other authorised person must—

  • “(a) mark the envelope with the official mark of the Chief Electoral Officer or of the authorised person; and

  • “(b) post or deliver the envelope to the Returning Officer for the district for which the vote was issued.

“47A Votes may be returned by facsimile

• “(1) Any elector to whom special ballot papers and any special voting papers are issued under regulation 45 or regulation 45A may, after voting in the manner prescribed for special voters,—

  • “(a) if applicable, remove any gummed paper that is fixed over the consecutive number on the ballot paper or any voting paper; and

  • “(b) forward the ballot paper, any voting papers, and the declaration to the Chief Electoral Officer by facsimile.

  “(2) Regulation 63 applies, with all necessary modifications, to ballot papers, voting papers, and declarations forwarded by facsimile.”

• “(1) On receipt of any envelope that is addressed to a Returning Officer in New Zealand and that appears to contain a special vote, the Overseas Returning Officer must mark the envelope with his or her official mark.

• “(1A) Any envelope received after the close of the poll must—

  • “(a) be marked ‘Received after close of poll’; and

  • “(b) be signed by the Overseas Returning Officer and marked with his or her official mark.”

• “(b) received by a Returning Officer in New Zealand after the close of the poll but not later than 7 pm on the tenth day after polling day, and endorsed as having been received by an Overseas Returning Officer or an Overseas Issuing Officer before 4 pm local time on the day before polling day; or

• “(c) received by a Returning Officer in New Zealand after the close of the poll but not later than 7 pm on the tenth day after polling day, and endorsed as having been received by the Chief Electoral Officer before the close of the poll.”

“Part IV
“Voting from tokelau, campbell island, raoul island, ross dependency, fishing vessels, and remote locations overseas

“53 Application of Part

• This Part applies to—

  • “(a) special voters on Tokelau, Campbell Island, Raoul Island, and the Ross Dependency; and

  • “(b) special voters on fishing vessels not scheduled to return to port during the period beginning with the close of nominations and ending with the close of the poll; and

  • “(c) special voters who—

    • “(i) are overseas during the period between nomination day and polling day; and

    • “(ii) by reason of their remote location, have had no access at any time during that period to special voting facilities other than those provided by this Part.

“54 Chief Electoral Officer may approve application for issue of ballot papers from special voter to whom Part applies

• The Chief Electoral Officer may approve an application made by a special voter to whom this Part applies for ballot papers to be issued to that voter by—

  • “(a) post; or

  • “(b) if by post is impracticable, facsimile; or

  • “(c) if no facsimile machine is available, dictation.

“55 Chief Electoral Officer may appoint Issuing Officer

• The Chief Electoral Officer may appoint an Issuing Officer for the issuing of ballot papers to special voters to whom this Part applies.

“56 Ballot paper and party list

• “(1) The Chief Electoral Officer must send to each special voter whose application for the issue of ballot papers is approved under regulation 54 and to each Issuing Officer appointed under regulation 55,—

  • “(a) in the case of a general election,—

    • “(i) a copy or copies, as may be appropriate, of the ballot paper printed in accordance with regulation 17(2)(a); and

    • “(ii) a copy of the party list required by regulation 18; and

    • “(iii) a copy or copies, as may be appropriate, of the declarations in form 19 or form 20 or form 21 that may be required; and

  • “(b) in the case of a by-election,—

    • “(i) a copy or copies, as may be appropriate, of the ballot paper printed in accordance with regulation 17(2)(b); and

    • “(ii) a copy or copies, as may be appropriate, of the declarations in form 19 or form 20 or form 21 that may be required.

  “(2) However, if it appears to the Chief Electoral Officer that the copies of the papers referred to in subclause (1) may not reach the special voter or Issuing Officer within the time allowed for the issue of special votes, the Chief Electoral Officer must—

  • “(a) require each Issuing Officer to advise the Chief Electoral Officer, in relation to the island or territory or remote location or the fishing boat in respect of which the Issuing Officer is appointed, of the addresses of the places of residence of electors who are qualified to vote; and

  • “(b) in the case of a general election, forward by facsimile to the special voter or Issuing Officer, in relation to the electoral district in which those places of residence are situated,—

    • “(i) a copy or copies, as may be appropriate, of the ballot papers for those electoral districts; and

    • “(ii) any of the names of the candidates on each party list (not being a list rejected under section 128 of the Act) that the Chief Electoral Officer considers practicable and the order of preference in which those names are listed; and

    • “(iii) a copy or copies, as may be appropriate, of the declarations in form 19 or form 20 or form 21 that may be required; and

  • “(c) in the case of a by-election where any of the places of residence are situated in the electoral district in which the by-election is being held, forward, by facsimile to the special voter or Issuing Officer,—

    • “(i) a copy or copies, as may be appropriate, of the ballot paper for that district; and

    • “(ii) a copy or copies, as may be appropriate, of the declarations in form 19 or form 20 or form 21 that may be required.

“57 Declarations by Issuing Officers

• Every Issuing Officer must, before acting in that capacity, make a declaration in form 1 in the Second Schedule of the Act before any of the following persons:

  • “(a) a permanent officer in the Government of New Zealand; or

  • “(b) another Issuing Officer; or

  • “(c) a registered medical practitioner; or

  • “(d) a minister of religion; or

  • “(e) a solicitor or attorney; or

  • “(f) a notary public; or

  • “(g) a Justice of the Peace; or

  • “(h) any other person approved for the purpose by the Chief Electoral Officer.

“58 Issue of votes

• “(1) An Issuing Officer may issue ballot papers, special voting papers, and declaration forms to electors of any electoral district after—

  • “(a) the close of nominations; and

  • “(b) the receipt by the Issuing Officer of,—

    • “(i) in the case of a general election, the copies forwarded under regulation 56(1)(a) or (2)(b); or

    • “(ii) in the case of a by-election, the copies forwarded under regulation 56(1)(b) or (2)(c).

  “(2) The issue of ballot papers, special voting papers, and declaration forms must be—

  • “(a) in accordance with Part II; and

  • “(b) completed before 4 pm New Zealand time on the Thursday before polling day.

  “(3) An elector must be issued with a consent form in form 22 if his or her vote is to be forwarded by facsimile by the Issuing Officer.

“59 Votes must be returned to Returning Officer or Issuing Officer

• After voting in the manner prescribed for special voters by Part II, any special voter may,—

  • “(a) in the case of a special voter to whom special ballot papers and special voting papers are issued under regulation 56, post or forward an envelope containing the special ballot papers and special voting papers (if any) to the Returning Officer for the district in respect of which the voter has voted; or

  • “(b) in the case of a special voter to whom special ballot papers and special voting papers are issued under regulation 58, either—

    • “(i) post or forward an envelope containing the special ballot papers and special voting papers (if any) to the Returning Officer for the district in respect of which the voter has voted; or

    • “(ii) deliver an envelope containing the special ballot papers and special voting papers (if any) to the Issuing Officer, together with form 22 (which must be attached to the envelope) if the voter has completed that form.

“60 Endorsement and posting of envelopes by Issuing Officer

• “(1) On receipt of any envelope that is addressed to a Returning Officer and that appears to contain a special vote, the Issuing Officer must—

  • “(a) endorse on the envelope particulars of the place at which, and the time and date on which, he or she receives the envelope; and

  • “(b) add his or her initials and official mark on the envelope.

  “(2) After completing the tasks set out in subclause (1), the Issuing Officer must immediately post or forward every envelope that appears to contain a special vote to the Returning Officer to whom it is addressed unless the contents of the declaration and the ballot paper contained in the envelope are forwarded by facsimile in accordance with regulation 61.

  “(3) For the purposes of regulations 34, 46, 50, and 51, every special vote contained in an envelope posted or forwarded under regulation 59(a) or subclause (2) must be treated as having been issued under Part III.

“61 Forwarding special votes by facsimile

• “(1) Any special voter to whom this Part applies may, after voting in the manner prescribed for special voters by Part II,—

  • “(a) remove any gummed paper that is fixed over the consecutive number on the ballot paper or any voting paper; and

  • “(b) forward the ballot paper, any voting papers, and the declaration to the Chief Electoral Officer by facsimile before the close of poll.

  “(2) If an Issuing Officer appointed to act under this Part considers that it is doubtful whether an envelope containing a special vote will reach the Returning Officer within the time specified by regulation 34(1), the Issuing Officer must, if a completed consent form in form 22 is attached to that envelope, deal with that envelope in accordance with this regulation.

  “(3) If the Issuing Officer is satisfied that no other person is present at the facsimile transmission area, the Issuing Officer must, before the close of the poll, take each envelope required to be dealt with under this regulation and must—

  • “(a) extract the declaration form from the declaration compartment of each envelope, write the consecutive number from the declaration form on to the outside of that envelope, and forward those declarations by facsimile to the Chief Electoral Officer; and

  • “(b) replace each declaration in the declaration compartment of the corresponding envelope, together with the consent form in form 22; and

  • “(c) extract the ballot paper and any voting papers from the compartments of each of the envelopes marked ‘BALLOT AND/OR VOTING PAPERS’, remove the piece of gummed paper covering the consecutive number on the ballot paper and any voting papers, and forward the ballot paper and any voting papers to the Chief Electoral Officer by facsimile; and

  • “(d) replace the ballot paper and any voting papers in the compartment of the corresponding envelope marked ‘BALLOT AND/OR VOTING PAPERS’; and

  • “(e) reseal both compartments of the envelope; and

  • “(f) endorse on the envelope the words ‘Opened and forwarded by facsimile under Part IV of the Electoral Regulations 1996’, and sign and date that endorsement.

“62 Dictation of special votes

• “(1) The Chief Electoral Officer may approve an application from any special voter to whom this Part applies for that voter to vote by dictation if there is no facsimile machine available for the use of that voter or the Issuing Officer.

  “(2) The Chief Electoral Officer must make any arrangements that the Chief Electoral Officer considers to be necessary for the issue and receipt of special votes by dictation, including,—

  • “(a) to the extent possible, arrangements to preserve the secrecy of the ballot; and

  • “(b) arrangements for the votes to be made by—

    • “(i) radio telephone; or

    • “(ii) any other means that the Chief Electoral Officer may approve.

  “(3) A special vote by dictation must be received by the Chief Electoral Officer by 4 pm New Zealand time on the Thursday before polling day.

“63 Receipt of special votes by facsimile

• If the Chief Electoral Officer or other authorised person receives ballot papers, voting papers, and declarations by facsimile transmission in accordance with regulation 47A or regulation 61, the Chief Electoral Officer or authorised person must—

  • “(a) ensure that particulars of the time and date of receipt of the ballot papers, voting papers, and declarations at the Chief Electoral Office are endorsed on those papers; and

  • “(b) after taking all reasonable steps to preserve the secrecy of the ballot, place the ballot paper, any voting papers, and the declaration form in the appropriate compartments of a special voter envelope; and

  • “(c) mark the envelope with the official mark of the Chief Electoral Officer or of the authorised person, as the case may be, and post or deliver it to the Returning Officer for the district for which the vote was issued.

“64 Receipt by Returning Officer of copies of special votes

• If the Returning Officer receives an envelope that appears to contain a copy of a special vote for the Returning Officer's district produced in accordance with regulation 63, the Returning Officer must open the declaration form and the provisions of regulations 32 to 42 apply accordingly as if—

  • “(a) the copy of the declaration were the original application; and

  • “(b) the envelope had been received by an Issuing Officer.

“64A Parcels of unused and spoilt ballot and voting and other papers

• “(1) Immediately after polling day for a general election, the Issuing Officer must—

  • “(a) make up into separate parcels—

    • “(i) all unused ballot papers and all unused voting papers and all unused declarations in form 19 or form 20 or form 21; and

    • “(ii) all spoilt ballot papers and all spoilt voting papers and all spoilt declarations in form 19 or form 20 or form 21; and

    • “(iii) any other papers; and

    • “(iv) all envelopes dealt with in accordance with regulation 61(3); and

  • “(b) mark each parcel made up under paragraph (a) to show the nature of its contents; and

  • “(c) post or forward the parcels to the Chief Electoral Officer as soon as practicable.

  “(2) Immediately after polling day for a by-election, the Issuing Officer must—

  • “(a) retain in secure storage all unused ballot papers and voting papers and all other unused papers held by the Issuing Officer for the purposes of the Act; and

  • “(b) make up into separate parcels—

    • “(i) all unused ballot papers and all unused declarations in form 19 or form 20 or form 21; and

    • “(ii) all spoilt ballot papers and all spoilt declarations in form 19 or form 20 or form 21; and

    • “(iii) any other papers; and

    • “(iv) all envelopes dealt with in accordance with regulation 61(3); and

  • “(c) mark each parcel made up under paragraph (b) to show the nature of its contents; and

  • “(d) post or forward the parcels to the Chief Electoral Officer as soon as practicable.

  “(3) The Chief Electoral Officer must—

  • “(a) enclose in 1 or more parcels the parcels received by the Chief Electoral Officer in accordance with this regulation (except the parcels containing only unused papers); and

  • “(b) properly secure the parcels; and

  • “(c) endorse each parcel with a description of its contents; and

  • “(d) sign the endorsement and immediately forward the parcels to the Clerk of the House of Representatives.

  “(4) The Clerk of the House of Representatives must immediately give or send to the Chief Electoral Officer a signed receipt for the parcels.”

• “(1) Interpreters designated under section 158(3)(b) of the Act are under the directions of the manager of the polling place.”