This order, which comes into force on 17 October 2023, is made under section 266 of the Electoral Act 1993 (the Act).

Section 266 provides that if sufficient provision is not made by the Act, the Governor-General may, by Order in Council, make other provision for the case as the Governor-General thinks fit.

In this case, a candidate standing in the Port Waikato electorate passed away before the close of polling day for the 2023 general election. This has triggered a by-election.

Section 3BA of the Act provides that regulated period, in relation to a by-election, means the period that—

• commences on the day after the day on which the notice of the vacancy to be filled by the by-election is published under section 129(1) of the Act; and

• ends with the close of the day before polling day.

Section 78C(6) of the Act provides that by-election period means the period beginning on the date on which the notice of vacancy is published and ending on polling day for the by-election.

In this case, as the Speaker has not published a notice of vacancy, sections 3BA and 78C are insufficient to provide start dates for either period for the purposes of the Port Waikato by-election. This order addresses the issue by specifying that, for the Port Waikato by-election, both periods begin on 17 October 2023. The end dates, which are also specified, reflect what the position would be under the Act.