Electoral Amendment Act 1981
Electoral Amendment Act 1981
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Electoral Amendment Act 1981
Electoral Amendment Act 1981
Public Act |
1981 No 120 |
|
Date of assent |
23 October 1981 |
|
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 1981, and shall be read together with and deemed part of the Electoral Act 1956 (hereinafter referred to as the principal Act).
(2)
Except as provided in sections 44(3) and 45(2) of this Act, this Act shall come into force on the day on which it receives the Governor-General’s assent.
2 Returning Officers and other employees
Section 7 of the principal Act is hereby amended by adding, as subsection (2), the following subsection:
“(2)
Returning Officers shall be under the direction of the Chief Electoral Officer.”
3 Submissions
The principal Act is hereby amended by inserting, after section 15, the following section:
“15a
Where any members of the House of Representatives are not members of either of the political parties to which the unofficial members of the Commission belong, the Commission shall, before embarking on the duty imposed on it by section 16(1) or section 23(2) of this Act, invite—
“(a)
The political party to which any such member of the House of Representatives belongs; and
“(b)
Any of those members of the House of Representatives who are independent members,—
to make submissions to the Commission in relation to the matters to be considered by the Commission under that section.”
4 Division of New Zealand into General electoral districts after each census
(1)
Section 16 of the principal Act ishereby amended by repealing subsection (2), and substituting the following subsections:
“(2)
As soon as possible after each periodical census and each period specified under section 41a(2) or (3) of this Act, the Chief Registrar shall inform the Government Statistician of the total number of persons registered as electors of the Maori electoral districts as at the close of the last day of that period.
“(2a)
When the Government Statistician—
“(a)
Has the results of the census; and
“(b)
Has been informed by the Chief Registrar of the total number of persons registered as electors of the Maori electoral districts as at the close of the last day of the period specified under section 41a(2) or (3) of this Act,—
he shall thereupon report the results of the census and his calculation of the Maori electoral population as at the close of the last day of that period to the Surveyor-General.”
(2)
Section 16 of the principal Act is hereby amended by repealing subsection (4), and substituting the following subsection:
“(4)
The report so made by the Government Statistician, and the maps so prepared by the Surveyor-General, shall be sufficient evidence as to the General electoral population of New Zealand or of the North Island or of the South Island or of any district.”
5 Classification of electoral districts for the purposes of pay or allowances
The principal Act is hereby amended by inserting, after section 17, the following section:
“17a
The Representation Commission, if it is informed by the Higher Salaries Commission that it requires the districts to be classified for the purposes of determining salaries or allowances or both under the Higher Salaries Commission Act 1977, shall classify those districts in accordance with the categories given to it by the Higher Salaries Commission.”
6 Notice of proposed boundaries and classification
The principal Act is hereby amended by repealing section 18, and substituting the following section:
“18
“(1)
When the Commission proposes to make any such division, due notice of the boundaries of the proposed districts, and of any classification of those districts required for the purposes of the Higher Salaries Commission Act 1977, shall be given in the Gazette, and objections in writing to the proposed boundaries and classification (if any) may be lodged with the Commission within one month thereafter.
“(2)
Where any objections are received under subsection (1) of this section, the Commission shall publish in the Gazette a notice—
“(a)
Containing a summary of the objections; and
“(b)
Stating a place or places at which the objections are available for public inspection; and
“(c)
Stating the last date on which the Commission will receive written counter-objections to those objections or any of them (which date shall not be less than 2 weeks after the date of the publication of the notice in the Gazette).
“(3)
The Commission shall, before coming to a final determination, duly consider any objections lodged under subsection (1) of this section and any counter-objections lodged under subsection (2) of this section.”
7 Indexes of streets and places
(1)
The principal Act is hereby amended by repealing section 20a (as inserted by section 8 of the Electoral Amendment Act 1980), and substituting the following section:
“20a
“(1)
The Surveyor-General shall compile—
“(a)
As soon as practicable after the making of a Proclamation under section 19 of this Act, in respect of each electoral district, an index of streets and places within that district; and
“(b)
From time to time, a comprehensive index which shall contain the names of all streets and places in New Zealand and which shall show the electoral district or electoral districts in which each street or place is to be found.
“(2)
At the office of each Registrar and at such other convenient places within each district as the Minister from time to time directs, there shall be kept, for inspection by the public,—
“(a)
A copy of the index compiled in respect of that district under subsection (1)(a) of this section; and
“(b)
A copy of the index compiled under subsection (1)(b) of this section.
“(3)
Copies of each index compiled under subsection (1)(a) of this section shall be sold by the Department of Lands and Survey.
“(4)
Each index compiled under subsection (1)(b) of this section shall be forwarded to the Government Printer and copies of that index shall be printed and sold by him.”
(2)
Section 8 of the Electoral Amendment Act 1980 is hereby consequentially repealed.
8 Maori representation
(1)
The principal Act is hereby amended by repealing section 23 (as substituted by section 2(1) of the Electoral Amendment Act 1976), and substituting the following section:
“23
“(1)
For the purpose of the representation of the Maori people in the House of Representatives, New Zealand shall be divided into 4 Maori electoral districts, to be known as—
The Northern Maori Electoral District:
The Eastern Maori Electoral District:
The Western Maori Electoral District:
The Southern Maori Electoral District.
“(2)
After the census taken in the year 1981, and after each periodical census thereafter, it shall be the duty of the Representation Commission to review the boundaries of the Maori electoral districts with a view to ensuring, subject to subsection (6) of this section and to section 24(1a) of this Act, that the 4 Maori electoral districts each contain an equal number of members of the Maori electoral population.
“(3)
Upon receipt of the report of the Government Statistician under section 16(2a) of this Act, the Surveyor-General shall prepare maps showing the distribution of the Maori electoral population and provisional boundaries for the Maori electoral districts.
“(4)
The report so made by the Government Statistician and the maps so prepared by the Surveyor-General shall be sufficient evidence as to the Maori electoral population.
“(5)
In dividing the Maori electoral population equally between the 4 Maori electoral districts due consideration shall be given to the existing boundaries of the Maori electoral districts, to community of interest among the Maori people generally and members of Maori tribes, to facilities of communications, and to topographical features.
“(6)
Where in the opinion of the Commission the Maori electoral population cannot, consistently with the considerations provided for in subsection (5) of this section, be divided equally between the 4 Maori electoral districts, the Commission may for any district make an allowance by way of addition or subtraction of Maori electoral population to an extent not exceeding 5 percent.
“(7)
Due notice of the boundaries of the 4 Maori electoral districts shall be given in the Gazette and section 18 of this Act, with all necessary modifications, shall apply accordingly.
“(8)
The Commission shall in every case within 6 months after the appointment of the Chairman report the boundaries fixed by it in respect of the Maori electoral districts to the Governor-General who shall proclaim them in the Gazette.
“(9)
From the date of every Proclamation issued under this section, the boundaries of the Maori electoral districts as declared by the Proclamation shall be the boundaries thereof for the purpose of the election of Maori members of Parliament after the dissolution or expiration of the then existing Parliament, and shall so continue until the next Proclamation under this section is issued and similarly takes effect.”
(2)
Section 2(1) of the Electoral Amendment Act 1976 is hereby consequentially repealed.
9 Qualifications of candidates and members
(1)
The principal Act is hereby amended by repealing section 25 and the heading above that section, and substituting the following section and heading:
“Qualifications of Candidates and Members
“25
“(1)
Subject to the provisions of this Act, every person who is registered as an elector of an electoral district, but no other person, is qualified to be a candidate and to be elected a member of Parliament for that or any other electoral district.
“(2)
Notwithstanding anything in subsection (1) of this section, if a person is disqualified for registration as an elector, that person shall not be qualified to be a candidate or to be elected.
“(3)
Notwithstanding anything in subsection (1) of this section, no person shall be qualified to be a candidate or to be elected unless that person is—
“(a)
A New Zealand citizen; or
“(b)
A person who was, on the 22nd day of August 1975, registered as an elector.”
(2)
Section 9 of the Electoral Amendment Act 1975 is hereby consequentially repealed.
10 Candidacy and election of State servants
(1)
The principal Act is hereby amended by repealing section 30 (as amended by section 2 of the Electoral Amendment Act 1977), and substituting the following section:
“30
“(1)
In this section, the term ‘State servant’—
“(a)
Means—
“(i)
A public servant; and
“(ii)
Any other person whose conditions of employment are prescribed under, or are required by any enactment to be prescribed in accordance with or having regard to provisions of, the State Services Conditions of Employment Act 1977; and
“(b)
Includes—
“(i)
Persons in the employment of any Hospital Board constituted under the Hospitals Act 1957; and
“(ii)
Members of the New Zealand Police.
“(2)
Any State servant who desires to become a candidate for election as a member of Parliament shall be placed on leave of absence for the purposes of his candidature.
“(3)
Subject to subsection (4) of this section, the period of leave shall commence on nomination day, and in the event of his nomination as a candidate, shall continue until the first working day after polling day, unless he withdraws his nomination.
“(4)
Where the controlling authority of any State servant is satisfied that the State servant desires to become a candidate and that the candidacy will materially affect the ability of that State servant—
“(a)
To carry out satisfactorily his duties as a State servant; or
“(b)
To be seen as independent in relation to particular duties,—
the period of leave shall, if the controlling authority so determines after consultation with the State servant, commence before nomination day on a day appointed by the controlling authority.
“(5)
During the period of his leave, the State servant shall not be required or permitted to carry out any of his official duties, nor shall he be entitled to receive any salary or other remuneration as a State servant in respect of that period or any part thereof, except to the extent to which he takes during that period any leave with pay to which he is entitled:
“Provided that a candidate who at the time of his nomination is a member of the staff of a university or a university college or a technical institute or a community college or a teachers college may continue to teach or supervise the studies of students at that university or university college or technical institute or community college or teachers college who are preparing for an examination and may engage in marking the examination papers of such students, and may receive remuneration in respect of such teaching, supervision, and marking.
“(6)
Except as provided in the foregoing provisions of this section, his rights as a State servant shall not be affected by his candidature.”
(2)
Section 10 of the Electoral Amendment Act 1975 and section 2 of the Electoral Amendment Act 1977 are hereby consequentially repealed.
11 Members disqualified from being State servants
(1)
The principal Act is hereby amended by repealing section 31 (as amended by section 11 of the Electoral Amendment Act 1975), and substituting the following section:
“31
“(1)
In this section, the term ‘State servant’ has the meaning given to it by section 30(1) of this Act.
“(2)
If any State servant is elected as a member of Parliament he shall forthwith on being declared so elected, be deemed, subject to subsections (3) to (6) of this section, to have vacated his office as a State servant.
“(3)
Where a person who has been declared elected as the result of a poll is not the person declared elected on an amended declaration of the result of that poll or where, at the conclusion of the trial of an election petition, the High Court determines that the person whose election or return was complained of was not duly elected or returned or that the election at which that person was elected or returned was void, that person,—
“(a)
If he was a State servant when he was declared to be elected; and
“(b)
If by a written election, given to his former controlling authority within one month after the amended declaration or the determination of the High Court, he elects to be reinstated in his former office as a State servant,—
he shall, on the date on which his election is so given to his controlling authority, be deemed, subject to subsections (4) to (6) of this section, to have been reinstated in his office as a State servant.
“(4)
Nothing in this section shall entitle any person who is reinstated in office as a State servant to receive any salary or other remuneration as a State servant in respect of the period or any part of the period beginning on the day after the date on which he vacated office under subsection (2) of this section and ending with the day before the date on which he resumed office under subsection (3) of this section.
“(5)
Where the position that the person held at the date on which he vacated office has been filled or where that position no longer exists, that person shall, on his reinstatement, be employed, where practicable and at the discretion of his controlling authority, in a position that involves duties and responsibilities which are the same or substantially the same as those of the position held at the time of vacation of office.
“(6)
Subject to subsection (4) of this section, where a person is reinstated in office under this section,—
“(a)
His service, for the purpose of any rights and benefits that are conditional on unbroken service, shall not be broken by the period of vacation of office; and
“(b)
The period of vacation of office shall count—
“(i)
As time served under his contract of employment; and
“(ii)
Subject to payment of his contributions, as service for the purpose of any superannuation scheme to which he belongs in his capacity as a State servant.”
(2)
Section 11 of the Electoral Amendment Act 1975 is hereby consequentially repealed.
12 How vacancies created
Section 32 of the principal Act is hereby amended by adding, as subsection (2), the following subsection:
“(2)
Notwithstanding anything in subsection (1)(c) of this section, where a member of Parliament marries a person who is a subject or citizen of a foreign State or Power and the laws of that foreign State or Power confer on that member of Parliament by reason of that marriage, citizenship of that foreign State or Power or the rights, privileges, or immunities of a subject or citizen of that foreign State or Power, the seat of a member of Parliament shall not become vacant by reason only of the marriage.”
13 Rules for determining place of residence within New Zealand
Section 37 of the principal Act is hereby amended by inserting, after subsection (5), the following subsection:
“(5a)
Notwithstanding anything in this section, a person who is residing on, or has resided on, Campbell Island or Raoul Island and who, before residing on Campbell Island or Raoul Island resided in some other part of New Zealand, shall be deemed to reside, or to have resided, throughout his period of residence on Campbell Island or Raoul Island, in the place in New Zealand where he had his last usual place of abode before he began to reside on Campbell Island or Raoul Island.”
14 Maori option
(1)
Section 41(2)(b) of the principal Act (as substituted by section 12(1) of the Electoral Amendment Act 1980) is hereby amended by omitting the words “any subsequent”
, and substituting the words “the first subsequent”
.
(2)
Notwithstanding anything in section 41(2) of the principal Act, but subject to subsection (3) of this section and to subsections (7) and (8) of section 41b of the principal Act, the next occasion on which a Maori, who was, at any time in the period beginning on the 23rd day of March 1976 and ending with the date of the commencement of this subsection, registered as an elector, may exercise the option given by section 41(1) of the principal Act shall be in the year 1982 in the period of 2 months specified under section 41a(2) of the principal Act.
(3)
Any Maori who—
(a)
Was on an electoral roll immediately before the 23rd day of March 1976; and
(b)
Did not complete a form of application for registration as an elector at the time of the quinquennial census of population held on the 23rd day of March 1976; and
(c)
After the 23rd day of March 1976 and before the first day of the period specified under section 41a(2) of the principal Act in respect of the year 1982, makes an application for registration as an elector and exercises the option given by section 41(1) of the principal Act,—
shall, on the first or only occasion on which he exercises that option after the 23rd day of March 1976 and before the first day of that period, be deemed, notwithstanding anything in sections 41(2) and 41c of the principal Act or in subsection (2) of this section, to have exercised that option at a time when it was lawful to exercise it.
15 Periodic exercise of Maori option and determination of Maori population
Section 41a of the principal Act (as enacted by section 12(1) of the Electoral Amendment Act 1980) is hereby amended by omitting from subsection (2), and also from subsection (3), the words “3 months”
, and substituting in each case the words “2 months”
.
16 Exercise of Maori option
The principal Act is hereby amended by repealing section 41b (as enacted by section 12(1) of the Electoral Amendment Act 1980), and substituting the following section:
“41b
“(1)
Notwithstanding section 43a(4)(b) of this Act, every Maori who is registered as an elector on the first day of any period specified under section 41a(2) or (3) of this Act may exercise once in that period the option given by section 41(1) of this Act.
“(2)
In each period specified under section 41a(2) or (3) of this Act, the Registrar shall send by post to every person registered as an elector of the electoral district on the first day of that period a notice in the form prescribed for the purposes of this section.
“(3)
Every Maori—
“(a)
Who is registered as an elector on the first day of the period in which the notice is sent under subsection (2) of this section; and
“(b)
Who—
“(i)
Being registered as an elector of a Maori electoral district wishes to be registered as an elector of a General electoral district; or
“(ii)
Being registered as an elector of a General electoral district wishes to be registered as an elector of a Maori electoral district,—
shall indicate his choice on the prescribed form, sign and date it, and return it to the Registrar.
“(4)
The Registrar, on receipt of any duly completed form, shall send the form to the Registrar in whose district the elector resides.
“(5)
Every duly completed form received by a Registrar pursuant to subsection (4) of this section shall be deemed, for the purposes of the definition of the term ‘electoral roll’ in section 2(1) of this Act and for the purposes of sections 56, 57, and 60b of this Act, to be an application for registration as an elector and shall be treated accordingly.
“(6)
No elector shall, by reason only of a failure to return a form sent to him under subsection (2) of this section, have his name removed from the electoral roll.
“(7)
Every Maori who is registered as an elector of a Maori electoral district on the first day of any period specified under section 41a(2) or (3) of this Act and who fails to exercise in that period the option given by section 41(1) of this Act shall be deemed to have exercised his option to register as an elector of a Maori electoral district.
“(8)
Every Maori who is registered as an elector of a General electoral district on the first day of any period specified under section 41a(2) or (3) of this Act and who fails to exercise in that period the option given by section 41(1) of this Act shall be deemed to have exercised his option to register as an elector of a General electoral district.
“(9)
Where a document by which the option given by section 41(1) of this Act may be exercised, being a notice in the form prescribed for the purposes of this section or an application for registration, is received by the Registrar by post after the end of a period specified under section 41a(2) or (3) of this Act but not later than noon on the day after the last day of that period, that document shall be deemed to have been received before the end of that period, and the elector shall, if the document is otherwise in order, be deemed to have exercised the option given by section 41(1) of this Act before the end of that period.
“(10)
Where the Registrar receives, before the end of a period specified under section 41a(2) or (3) of this Act, a document by which the option given by section 41(1) of this Act may be exercised but which does not comply with requirements concerning the signing or dating of that document or the particulars that it must contain, the Registrar may treat the document as being in accordance with those requirements before the end of that period if the non-compliance is remedied within 6 days after the end of that period.”
17 Restrictions on transfer between General and Maori electoral rolls
The principal Act is hereby amended by repealing section 41c (as enacted by section 12(1) of the Electoral Amendment Act 1980), and substituting the following section:
“41c
Except as provided in sections 41 to 41b of this Act,—
“(a)
No Maori may transfer from a General electoral roll to a Maori electoral roll or vice versa:
“(b)
No Maori whose name has been removed from an electoral roll or who ceases to be qualified as an elector of an electoral district may be registered as an elector for a different type of electoral district.”
18 Compulsory registration of electors
(1)
Section 43 of the principal Act (as substituted by section 14(1) of the Electoral Amendment Act 1980) is hereby amended by repealing subsection (1), and substituting the following subsection:
“(1)
Every person qualified to be registered as an elector of any electoral district shall if he is in New Zealand make application in the prescribed form to a Registrar of Electors for registration as an elector—
“(a)
Within one month after the date on which he first becomes qualified to be registered as an elector; and also
“(b)
Within one month after the date on which he ceases to be registered as an elector by reason of the removal of his name from a roll under section 43a(5) of this Act; and also
“(c)
Within one month after the date on which, following a change in his place of residence from one electoral district to another, he first becomes qualified to be registered as an elector of that other electoral district.”
(2)
Section 43 of the principal Act (as so substituted) is hereby amended by repealing subsection (7), and substituting the following subsections:
“(7)
Every person who commits an offence against this section shall be liable on summary conviction to a fine not exceeding $50 on a first conviction, and to a fine not exceeding $100 on any subsequent conviction.
“(8)
Notwithstanding anything in subsections (1) to (7) of this section or in section 37(5a) of this Act, no person is required to apply for registration as an elector while he is living on Campbell Island or Raoul Island.”
19 Revision of electoral rolls
(1)
Section 43a of the principal Act (as enacted by section 15(1) of the Electoral Amendment Act 1980) is hereby amended by omitting from subsection (4)(a) the words “section 60b”
, and substituting the words “sections 57 and 60B”
.
(2)
Section 43a of the principal Act is hereby amended by inserting, after subsection (4), the following subsection:
“(4a)
The completed form shall contain the particulars specified in paragraphs (a), (b), (c), (e), and (f) of section 48(3) of this Act, and subsections (1), (2), (4), and (5) of that section shall apply, with all necessary modifications, as if the form were an application for registration.”
20 Application for registration
(1)
The principal Act is hereby amended by repealing section 48 (as substituted by section 22 of the Electoral Amendment Act 1975), and substituting the following section:
“48
“(1)
Subject to subsection (2) of this section, every person making any application or declaration in respect of registration as an elector shall sign or place his mark on the application or declaration.
“(2)
Where a person making an application or declaration in respect of registration as an elector is physically disabled, the application or declaration may be signed on his behalf—
“(a)
By a donee of a power of attorney from the physically disabled person, which donee shall indicate on the application or declaration that the applicant or declarant is a physically disabled person; or
“(b)
By a registered elector who signs by direction of the physically disabled person and who indicates on the application or declaration—
“(i)
That the applicant or declarant is a physically disabled person; and
“(ii)
That the application or declaration is being signed by direction of the applicant or declarant.
“(3)
The application or declaration shall state, in respect of the person making the application or declaration,—
“(a)
His surname and his full given or Christian names:
“(b)
The place of residence in respect of which registration is claimed, which place of residence must be specified in such manner as to enable it to be clearly identified:
“(c)
His occupation (if any):
“(d)
His age in years:
“(e)
His date of birth:
“(f)
Such other particulars (if any) as are prescribed.
“(4)
Subject to subsection (5) of this section, the Registrar may reject any application or declaration that does not comply with subsections (1) and (3) of this section.
“(5)
Where the Registrar receives on or before writ day an application or declaration which does not comply with subsection (1) or subsection (3) of this section, he may treat that application as being made in accordance with those subsections before writ day if the non-compliance is remedied within 6 days after writ day.”
(2)
Section 22 of the Electoral Amendment Act 1975 is hereby consequentially repealed.
21 Procedure following application for registration
Section 49 of the principal Act (as substituted by section 17(1) of the Electoral Amendment Act 1980) is hereby amended by adding the following subsections:
“(4)
Where an application for registration as an elector has been received before the issue of a writ and it has not been possible for the Registrar to ascertain, at the time of the issue of the writ, whether the applicant is currently registered as an elector of another electoral district, the Registrar shall, subject to subsection (5) of this section, include the name of the applicant on any main, supplementary, or composite roll printed as at writ day.
“(5)
Notwithstanding anything in this Act, where the Registrar has, under subsection (4) of this section, included the name of any person on any main, supplementary, or composite roll printed as at writ day, the Registrar shall, within 6 days after writ day determine, either—
“(a)
To enter the name of the applicant on the electoral roll; or
“(b)
To delete the name of the applicant from that main, supplementary, or composite roll.”
22 Repeal of provision for questioning of applicant for registration
(1)
The following enactments are hereby repealed, namely,—
(a)
Section 49a of the principal Act:
(b)
Section 24(1) of the Electoral Amendment Act 1975:
(c)
Section 18(1) of the Electoral Amendment Act 1980.
(2)
Part I of the Schedule to the Electoral Amendment Act 1980 is hereby consequentially amended by omitting the expression “49a(2)–(5),”
.
23 Removal of names from roll by Registrar
Section 57(1) of the principal Act is hereby amended by repealing paragraph (b) (as amended by section 5(7) of the Electoral Amendment Act 1980), and substituting the following paragraphs:
“(b)
The name of every person of whose identity the Registrar is satisfied and whose death has been notified to him by—
“(i)
Any Registrar of Births and Deaths; or
“(ii)
The father, mother, or spouse of that person or by a sister or brother of that person:
“(ba)
The name of every person whom he has reason to believe has not marked or signed his application for registration in accordance with section 48 of this Act and who has failed, after being requested in writing by the Registrar, to complete a new application for registration marked or signed in accordance with that section:”.
24 Correction of errors
Section 57a of the principal Act (as inserted by section 21(1) of the Electoral Amendment Act 1980) is hereby amended by repealing subsection (3), and substituting the following subsection:
“(3)
Where, under subsection (2) of this section, the name of any elector is removed from or placed on a roll, the Registrar shall, not later than 14 days after the date on which the roll is altered, deliver to the elector personally, or send to him by post, notice in writing of the alteration to the roll.”
25 Offences in respect of use for commercial purposes of electoral information derived from computer tapes
The principal Act is hereby amended by inserting, after section 64 (as substituted by section 29(1) of the Electoral Amendment Act 1980), the following section:
“64a
Every person commits an offence and is liable on summary conviction to a fine not exceeding $2,000 who, being a person who receives, for the purpose of processing, a computer tape obtained under section 64(6) of this Act—
“(a)
Sells information derived from that tape; or
“(b)
Uses, for commercial purposes, information derived from that tape.”
26 Power to destroy records
The principal Act is hereby amended by inserting, after section 65a (as inserted by section 30 of the Electoral Amendment Act 1980), the following section:
“65b
“(1)
Where—
“(a)
The Registrar considers that records held by him, being—
“(i)
Applications for registration as electors; or
“(ii)
Forms completed under section 41b(3) of this Act; or
“(iii)
Forms completed under section 43a of this Act; or
“(iv)
Records forming part of the dormant file kept under section 65a(1) of this Act,—
are no longer required; and
“(b)
Two General elections have taken place—
“(i)
In the case of records to which subparagraph (i) or subparagraph (ii) or subparagraph (iii) of paragraph (a) of this subsection applies, since those records were made; or
“(ii)
In the case of records to which subparagraph (iv) of paragraph (a) of this subsection applies, since the completion of the roll revision exercise under section 43a of this Act from which those records were derived,—
he may, subject to subsection (3) of this section, destroy those records.
“(2)
Subject to subsection (3) of this section, the Chief Registrar of Electors may, after the expiration of the period specified under section 41a(2) of this Act in respect of the year 1982, destroy the national alphabetical card listing of electors which was compiled before the passing of the Electoral Amendment Act 1980.
“(3)
Nothing in this section shall authorise any person to destroy any records if he has reason to believe that those records are relevant to an election petition or that the time for bringing an election petition to which those records may be relevant has not expired.”
27 Advertisement of nominations and polling places
(1)
The principal Act is hereby amended by repealing section 84 (as amended by section 6(1) of the Electoral Amendment Act 1977), and substituting the following section:
“84
“(1)
After the close of nominations in any district the Returning Officer shall forthwith forward to the Chief Electoral Officer at Wellington the names of the candidates nominated who have not withdrawn their nominations and the party affiliations (if any) of those candidates.
“(2)
In each district in which a poll is required to be taken the Returning Officer shall, subject to subsection (4) of this section, advertise the names of the several candidates, and their party affiliations (if any), in at least one newspaper circulating in the district in such manner as he deems most likely to give full publicity thereto, and shall similarly advertise the polling places for the district not later than 2 days before polling day.
“(3)
The polling places that have suitable access for persons who are physically disabled shall be indicated in the advertisement.
“(4)
The Chief Electoral Officer shall forthwith notify to every Returning Officer the names of the candidates nominated in each district who have not withdrawn their nomination in each district in which a poll is required to be taken and the party affiliations (if any) of those candidates.
“(5)
The Returning Officer shall not be obliged to comply with subsection (2) of this section if the information required by that subsection to be published has been published in the district in accordance with that subsection and subsection (3) of this section, together with the name and address of the Returning Officer, by the Chief Electoral Officer.”
(2)
Section 6 of the Electoral Amendment Act 1977 is hereby consequentially repealed.
28 Governor-General may appoint polling places
(1)
Section 91 of the principal Act is hereby amended by inserting, after subsection (2), the following subsection:
“(2a)
At least one polling place within the limits of each district shall have access that is suitable for persons who are physically disabled.”
(2)
Section 91(5) of the principal Act is hereby amended by omitting the words “and in at least one newspaper circulating in the district”
.
29 Polling booths, ballot boxes, ballot papers, etc.
Section 92 of the principal Act is hereby amended by inserting, after subsection (1), the following subsection:
“(1a)
The Returning Officer shall provide—
“(a)
Each polling booth in respect of a General electoral district with a copy of the roll for each Maori electoral district in which the land in the General electoral district is included; and
“(b)
Each polling booth in respect of a Maori electoral district with a copy of the roll for the General electoral district in which the polling booth is situated.”
30 Deputy Returning Officers, poll clerks, and interpreters
(1)
Section 93(2) of the principal Act is hereby amended by omitting the words “one polling booth”
, and substituting the words “polling booth or polling booths”
.
(2)
Section 93 of the principal Act is hereby amended by adding the following subsection:
“(7)
Regulations made under section 188 of this Act may—
“(a)
Prescribe procedures governing the use of interpreters:
“(b)
Require candidates to be supplied, upon request, with the names of any interpreters appointed by the Returning Officer.”
31 Who may vote
Section 99 of the principal Act is hereby amended by inserting, after paragraph (d), the following paragraph:
“(da)
Any person who is qualified to be registered as an elector of the district pursuant to section 39 of this Act and who resides on Campbell Island or Raoul Island or has resided on either of those Islands at any time in the 3 months before polling day:”.
32 Special voters
The principal Act is hereby amended by repealing section 100, and substituting the following section:
“100
Any person who is qualified to vote at any election in any district may vote as a special voter if—
“(a)
His name does not appear on the main roll or any supplementary roll for the district or has been wrongly deleted from any such roll:
“(b)
He will on polling day be outside New Zealand:
“(c)
He is or will be absent from the district on polling day:
“(d)
He will not throughout the hours of polling on polling day be within 3 kilometres by the nearest practicable route of any polling place in the district:
“(e)
He will throughout the hours of polling on polling day be travelling under conditions which will preclude him from attending to vote at any polling place in the district:
“(f)
He is ill or infirm, and by reason of that illness or infirmity will be precluded from attending to vote at any polling place in the district:
“(g)
In the case of a woman, she will by reason of pregnancy or recent childbirth be precluded from attending to vote at any polling place in the district:
“(h)
In the case of a person who is registered as an elector of a Maori electoral district, he attends to vote on polling day at a polling place that is not a polling place for that district:
“(i)
He has a religious objection that will preclude him from attending to vote on the day of the week on which polling day falls:
“(j)
He satisfies the Returning Officer or Deputy Returning Officer that on any other ground it will not be possible for him to vote at a polling place in the district without incurring hardship or serious inconvenience.”
33 Blind, disabled, or illiterate voters
(1)
The principal Act is hereby amended by repealing section 108 (as amended by section 38 of the Electoral Amendment Act 1975), and substituting the following section:
“108
“(1)
Any elector who is wholly or partially blind, or (whether because of physical handicap or otherwise) is unable to read or write or has severe difficulty in reading or writing, or is not sufficiently familiar with the English language to vote without assistance, may vote in accordance with the provisions of this section.
“(2)
At the request of any such voter who has received a ballot paper and is wholly or partially blind, any person nominated by the voter, or, if no person is so nominated, the Deputy Returning Officer, shall accompany him into one of the inner compartments provided for the marking of ballot papers, and the ballot paper may there be marked by the voter with the assistance of the person nominated or, as the case may be, of the Deputy Returning Officer, or may be marked by the person nominated or, as the case may be, by the Deputy Returning Officer in accordance with the instructions of the voter.
“(3)
At the request of any such voter who has received a ballot paper (not being a voter to whom subsection (2) of this section applies) the Deputy Returning Officer shall accompany him into one of the inner compartments provided for the marking of ballot papers, and the ballot paper may there be marked by the voter with the assistance of the Deputy Returning Officer or may be marked by the Deputy Returning Officer in accordance with the instructions of the voter.
“(4)
A voter to whom subsection (2) or subsection (3) of this section applies, whether or not in the case of a person to whom subsection (2) of this section applies he nominates a person for the purposes of that subsection, may nominate a person or another person, as the case may require, to inspect the ballot paper before it is deposited in the ballot box.
“(5)
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.
“(6)
Every person commits an offence, and shall be liable on summary conviction to imprisonment for a term not exceeding 3 months, who, being a person who is present in accordance with this section or with any regulations when an elector votes, 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 ballot paper given to the voter.
“(7)
Regulations made under section 188 of this Act may make provision for electors who are wholly or partially blind to vote by means of devices that enable them to vote without assistance despite the fact that they are wholly or partially blind.”
(2)
Section 38 of the Electoral Amendment Act 1975 is hereby consequentially repealed.
34 Voting by special voters
Section 110 of the principal Act is hereby amended by inserting, after subsection (3), the following subsections:
“(3a)
Each candidate may, by writing under his hand, appoint one or more scrutineers to be present at the office of the Registrar of Electors when he is performing his duties in relation to declarations in respect of special votes.
“(3b)
Every scrutineer shall, before being allowed to act, make a declaration in form 1 before the Registrar of Electors or the Returning Officer or the Deputy Returning Officer or a Justice of the Peace or a solicitor or a postmaster.
“(3c)
Where a candidate appoints more than one scrutineer under subsection (3a) of this section, not more than one scrutineer for that candidate shall be present at the office of the Registrar of Electors at any time.
“(3d)
No candidate shall act as scrutineer under this section.”
35 Scrutiny of the rolls
The principal Act is hereby amended by repealing section 112, and substituting the following section:
“112
“(1)
The Returning Officer shall make arrangements for a scrutiny of the rolls as soon as practicable after the close of the poll, and shall give notice in writing to each of the candidates or their scrutineers of the time and place at which he will commence the scrutiny.
“(2)
Each candidate, may, by writing under his hand, appoint one or more scrutineers to be present at the scrutiny of the rolls.
“(3)
Every scrutineer shall, before being allowed to act, make a declaration in form 1 before the Returning Officer or the Deputy Returning Officer or a Justice of the Peace or a solicitor or a postmaster.
“(4)
Where a candidate appoints more than one scrutineer to be present at the scrutiny of the rolls, not more than one scrutineer for that candidate shall be present at the scrutiny of the rolls at any time.
“(5)
No person other than the Returning Officer and his assistants, and the scrutineers, shall be present at the scrutiny.
“(6)
No candidate shall act as scrutineer under this section.
“(7)
A scrutineer appointed under this section may be appointed by telegram.”
36 Counting of votes
Section 115(1) of the principal Act is hereby amended by inserting, after the words “as are present”
, the words “(not exceeding one scrutineer for each candidate)”
.
37 Application to District Court Judge for recount
(1)
Section 117(4) of the principal Act is hereby amended by adding to the proviso, after the words “scrutineers appointed under section 112 of this Act”
, the words “(not exceeding one scrutineer for each candidate)”
.
(2)
Section 117 of the principal Act is hereby amended by repealing subsection (5), and substituting the following subsections:
“(5)
The District Court Judge shall have all the powers that the Returning Officer had on the original count, and may, in addition, review any decision of the Returning Officer or the Registrar of Electors in respect of—
“(a)
The acceptance of late enrolments; or
“(b)
The checking of special voting declarations; or
“(c)
The allowance or disallowance of special votes.
“(5a)
Any decision referred to in subsection (5) of this section and any other decision made by the Returning Officer in the exercise of his powers on the original count may be confirmed, reversed, or set aside by the District Court Judge.”
38 Disposal of ballot papers, rolls, etc.
Section 121 of the principal Act is hereby amended by repealing subsection (3)(as amended by section 5(5) of the Electoral Amendment Act 1980), and substituting the following subsections:
“(3)
The Returning Officer shall attach to the master roll a list which shall set out the names and addresses of all special voters whose names were not on the printed roll (other than those whose names were not on that roll by virtue of section 62a of this Act) and which shall indicate the special voters whose votes have been disallowed. The master roll, and the attached list, shall then be sent by the Returning Officer to the Registrar of Electors for the district.
“(4)
The Registrar of Electors shall keep the master roll, and the attached list, until the next general election.
“(5)
Any registered elector of the district may inspect any master roll, and the attached list, at the Registrar’s office without payment of any fee at any time when the office is open for the transaction of business.”
39 Interfering with or influencing voters
(1)
The principal Act is hereby amended by repealing section 127 (as amended by section 46 of the Electoral Amendment Act 1975 and by section 32 of the Electoral Amendment Act 1980), and substituting the following section:
“127
“(1)
Every person commits an offence and shall be liable on summary conviction to a fine not exceeding $1,000 who at an election—
“(a)
In any way interferes with any elector, either in the polling booth or while on his way thereto, with the intention of influencing him or advising him as to his vote:
“(b)
At any time on polling day before the close of the poll in or in view or hearing of any public place holds or takes part in any demonstration or procession having direct or indirect reference to the poll by any means whatsoever:
“(c)
At any time on polling day before the close of the poll makes any statement having direct or indirect reference to the poll by means of any loudspeaker or public address apparatus or cinematograph or television apparatus:
“Provided that this paragraph shall not restrict the publication by radio or television broadcast made by the Broadcasting Corporation of New Zealand or other holder of a warrant under the Broadcasting Act 1976 of—
“(i)
Any advertisement placed by the Chief Electoral Officer:
“(ii)
Any non-partisan advertisement broadcast, as a community service, by the Corporation or the holder of such a warrant; or
“(iii)
Any news in relation to the election:
“(d)
At any time on polling day before the close of the poll, conducts a public opinion poll in relation to the election:
“(e)
At any time on polling day before the close of the poll, or at any time on any of the 3 days immediately preceding polling day, prints or distributes or delivers to any person anything being or purporting to be in imitation of any ballot paper to be used at the poll and having thereon the names of the candidates or any of them, together with any direction or indication as to the candidate for whom any person should vote, or in any way containing any such direction or indication, or having thereon any matter likely to influence any vote:
“(f)
At any time on polling day before the close of the poll exhibits in or in view of any public place, or publishes, or distributes, or broadcasts,—
“(i)
Any statement advising or intended or likely to influence any elector as to the candidate or party for whom he should or should not vote; or
“(ii)
Any statement advising or intended or likely to influence any elector to abstain from voting; or
“(iii)
Any party name, emblem, slogan, or logo:
“Provided that this paragraph shall not apply to any statement, name, emblem, slogan, or logo in a newspaper published before 6 o’clock in the afternoon of the day before polling day:
“Provided also that where any statement, name, emblem, slogan, or logo which does not relate specifically to the election campaign and which is so exhibited before polling day in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party, it shall not be an offence to leave the statement, name, emblem, slogan, or logo so exhibited on polling day:
“Provided further that this paragraph shall not restrict the publication of any party name in any news which relates to an election and which is published in a newspaper or other periodical or in a radio or television broadcast made by the Broadcasting Corporation of New Zealand or other holder of a warrant under the Broadcasting Act 1976:
“(g)
At any time on polling day before the close of the poll prints or distributes or delivers to any person any card or paper (whether or not it is an imitation ballot paper) having thereon the names of the candidates or any of them:
“(h)
Exhibits or leaves in any polling booth any card or paper having thereon any direction or indication as to how any person should vote or as to the method of voting:
“(i)
Subject to any regulations made under this Act, at any time on polling day before the close of the poll, within, or at the entrance to, or in the vicinity of, any polling place,—
(i)
Gives or offers to give any person any written or oral information as to any name or number on the main roll or any supplementary roll being used at the election:
(ii)
Permits or offers to permit any person to examine any copy of the main roll or any supplementary roll being used at the election.
“(2)
It shall not be an offence against this section for any person (other than a Returning Officer, Deputy Returning Officer, poll clerk, interpreter, or other official) to wear or display (whether on his person or on any vehicle), in the form of ribbons, streamers, or rosettes, his party’s colours or to wear a party lapel badge.
“(3)
It shall be a defence to a prosecution for an offence against subsection (1)(f) of this section that relates to the exhibition in or in view of a public place of a statement, name, emblem, slogan, or logo, if the defendant proves that—
“(a)
The exhibition was inadvertent; and
“(b)
The defendant caused the exhibition to cease as soon as he was notified by a Returning Officer or a Deputy Returning Officer that the exhibition was taking place.
“(4)
Nothing in this section shall apply to any official statement or announcement made or exhibited under the authority of this Act.”
(2)
Section 32 of the Electoral Amendment Act 1980 is hereby consequentially repealed.
40 Power to remove statements, names, emblems, slogans, or logos
(1)
The principal Act is hereby amended by repealing section 127a (as inserted by section 33 of the Electoral Amendment Act 1980), and substituting the following section:
“127a
“(1)
The Returning Officer may at any time on polling day before the close of the poll cause to be removed or obliterated—
“(a)
Any statement advising or intended or likely to influence any elector as to the candidate or party for whom he should or should not vote; or
“(b)
Any statement advising or intended or likely to influence any elector to abstain from voting; or
“(c)
Any party name, emblem, slogan, or logo,—
which is exhibited in or in view of any public place.
“(2)
Nothing in subsection (1)(c) of this section shall apply to ribbons, streamers, or rosettes which are worn or displayed by any person (whether on his person or on any vehicle) in his party’s colours or to a party lapel badge worn by any person.
“(3)
Nothing in subsection (1) of this section shall apply to a statement, party name, emblem, slogan, or logo which does not relate specifically to the election campaign and which was so exhibited before polling day in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party.
“(4)
All expenses incurred by the Returning Officer in carrying out the power conferred by subsection (1) of this section may be recovered by him from the persons by whom or by whose direction the statement, name, emblem, slogan, or logo was exhibited, as a debt due by them jointly and severally to the Crown.”
(2)
Section 33 of the Electoral Amendment Act 1980 is hereby consequentially repealed.
41 Misfeasance of Returning Officer
The principal Act is hereby amended by inserting, after section 132, the following section:
“132a
Every Returning Officer and every Deputy Returning Officer who knowingly and wilfully does anything contrary to the provisions of this Part of this Act, or who knowingly and wilfully omits to do anything required by this Part of this Act to be done by him, shall be liable on summary conviction, if no other penalty is elsewhere in this Act provided, to a fine not exceeding $1,000.”
42 Distribution of page and line numbers
The principal Act is hereby amended by inserting, after section 132a (as inserted by section 36 of this Act), the following heading and section:
“Distribution of Page and Line Numbers
“132b
Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, being a candidate or a representative of a political party or a person conducting a campaign in relation to a public issue, and for the purpose of promoting his candidacy, political party, or campaign, gives or offers to give any person any written information as to the page and line number applicable in respect of that person’s name where it appears on the main roll or any supplementary roll.”
43 Payments to be vouched by bill
Section 136 of the principal Act (as amended by section 7(1) of the Decimal Currency Act 1964) is hereby amended by omitting the expression “$4”
, and substituting the expression “$10”
.
44 Maximum amount of election expenses
(1)
The principal Act is hereby amended by repealing section 139 (as amended by section 8(1) of the Electoral Amendment Act 1977), and substituting the following section:
“139
“(1)
Subject to this section and to section 147a of this Act, in this Act the term ‘election expenses’, in relation to a candidate at an election in any district,—
“(a)
Means expenses which relate exclusively to the campaign for the return of the candidate and which are incurred by or on behalf of the candidate within the 3 months immediately preceding polling day in respect of—
“(i)
Advertising and radio or television broadcasting:
“(ii)
Publishing, issuing, distributing, and displaying addresses, notices, posters, pamplets, handbills, billboards, and cards; and
“(b)
Includes expenses which relate exclusively to the campaign for the return of the candidate and which are incurred by or on behalf of the candidate, before or after the 3 months immediately preceding polling day, in respect of any item described in subparagraph (i) or subparagraph (ii) of paragraph (a) of this subsection if the activity that is carried out under that item takes place within those 3 months; but
“(c)
Does not include the expenses of operating a vehicle on which election advertising appears if that vehicle is used bona fide by the candidate as his personal means of transport in the district.
“(2)
The total election expenses of a candidate shall in no case exceed $4,000.
“(3)
Every candidate or other person is guilty of a corrupt practice who directly or indirectly pays or knowingly aids or abets any person in paying for or on account of any election expenses any sum in excess of the maximum amount prescribed by this section.
“(4)
Notwithstanding subsection (1)(b) of this section, where any activity under an item described in subparagraph (i) or subparagraph (ii) of subsection (1)(a) of this section, which is carried on both before and within the 3 months immediately preceding polling day and which relates exclusively to the campaign for the return of the candidate, the expenses incurred in respect of any such activity (being expenses incurred by or on behalf of the candidate) shall be properly apportioned so that a fair proportion of those expenses is attributed to the carrying on of the activity in those 3 months, and that fair proportion of those expenses, but no other portion of those expenses, shall be election expenses.”
(2)
Section 2(1) of the principal Act is hereby amended by repealing the definition of the term “election expenses”
, and substituting the following definition:
“‘Election expenses’ has the meaning given to it by section 139 of this Act:”.
(3)
This section shall come into force on the 1st day of January 1982.
45 Return of election expenses
(1)
The First Schedule to the principal Act is hereby amended by omitting from form 11 the words “printing, advertising, postage, telegrams, hire of rooms, etc.,”
, and substituting the words “radio broadcasting, television broadcasting, newspaper advertising, posters, pamphlets, etc.”
.
(2)
This section shall come into force on the 1st day of January 1982.
46 Maximum fines increased
(1)
The principal Act (as amended by section 7(1) of the Decimal Currency Act 1964) is hereby amended in the manner indicated in the Schedule to this Act.
(2)
Section 46 of, and the Third Schedule to, the Electoral Amendment Act 1975 are hereby consequentially repealed.
47 Transitional provision in respect of election expenses and 1981 general election
(1)
In respect of the general election that takes place in the year 1981, the term “election expenses”
(as defined in section 2(1) of the principal Act) shall not include any travelling or accommodation expenses of a candidate or any expenses incurred by him in operating a vehicle that is used bona fide by him as his means of personal transport (whether or not election advertising appears on that vehicle).
(2)
Except as provided in subsection (1) of this section, sections 133 to 139 of the principal Act and form 11 in the First Schedule to that Act shall apply, in relation to candidates at the general election that takes place in the year 1981, as if this Act had not been passed.
Schedule Maximum Fines Increased
Section 46(1)
| Section Amended | Amendment |
|---|---|
| Section 26 (as substituted by section 13(1) of the Electoral Amendment Act 1975) | By omitting the expression “$100”, and substituting the expression “$200”. |
| Section 33(4) | By omitting the expression “$200”, and substituting the expression “$1,000”. |
| Section 34(2) | By omitting the expression “$10”, and substituting the expression “$50”. |
| Section 35(2) | By omitting the expression “$10”, and substituting the expression “$50”. |
| Section 44(2) | By omitting the expressions “$2”and “$4”, and substituting respectively the expressions “$10”and “$20”. |
| Section 66 | By omitting the expression “$500”, and substituting the expression “$1,000”. |
| Section 67(1) | By omitting the words “not exceeding $500”(as substituted by section 46 of the Electoral Amendment Act 1975), and substituting the words “not exceeding $1,000”. |
| Section 68 | By omitting the words “not exceeding $500”(as substituted by section 46 of the Electoral Amendment Act 1975), and substituting the words “not exceeding $1,000”. |
| Section 69 | By omitting the words “not exceeding $500”(as substituted by section 46 of the Electoral Amendment Act 1975), and substituting the words “not exceeding $1,000”. |
| Section 90(2) | By omitting the expression “$100”, and substituting the expression “$500”. |
| Section 98(3) | By omitting the expression “$40”, and substituting the expression “$200”. |
| Section 98(4) | By omitting the expression “$100”, and substituting the expression “$500”. |
| Section 103(2) | By omitting the expression “$40”, and substituting the expression “$200”. |
| Section 104 | By omitting from subsection (3), and also from subsection (4), the expression “$100”, and substituting in each case the expression “$500”. |
| Section 105(5) | By omitting the expression “$100”, and substituting the expression “$500”. |
| Section 126 | By omitting the expression “$200”wherever it appears in paragraphs (e) to (g), and substituting in each case the expression “$l,000”. |
| Section 128 | By omitting the words “not exceeding $500”(as substituted by section 46 of the Electoral Amendment Act 1975), and substituting the words “not exceeding $1,000”. |
| Section 129 | By omitting the words “not exceeding $500”(as substituted by section 46 of the Electoral Amendment Act 1975), and substituting the words “not exceeding $1,000”. |
| Section 137(3) | By omitting the expressions “$100”and “$40”, and substituting respectively the expressions “$500”and “$200”. |
| Section 150(1) | By omitting from paragraph (a) the words “not exceeding $500”(as substituted by section 46 of the Electoral Amendment Act 1975), and substituting the words “not exceeding $2,000”. |
By omitting from paragraph (b) the words “not exceeding $300”(as so substituted), and substituting the words “not exceeding $1,500”. | |
| Section 188 | By omitting the expression “$100”, and substituting the expression “$500”. |
This Act is administered in the Department of Justice.
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Versions
Electoral Amendment Act 1981
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