Electoral Act 1956
107
Commenced: 1 Jan 1957; 26 Oct 1956, ss. 15-24; 10 Aug 1960, Electoral Amendment Act 1960; 17 Sep 1965, Electoral Amendment Act 1965; 24 Nov 1967, Electoral Amendment Act 1967; 23 Oct 1969, Electoral Amendment Act (No. 2) 1969; 27 Nov 1971, Elect
ANALYSIS
Index
Analysis
Title
1 Short Title, commencement, and division into Parts
I: Preliminary
2 Interpretation
Officers
3 Clerk of the Writs
4 Deputy Clerk of the Writs
5 Chief Electoral Officer
6 Deputy Chief Electoral Officer
7 Returning Officers and other employees
7A untitled record
7B Registrar of Electors
7C Appropriation of expenses of New Zealand Post Limited
8 Employees appointed by Chief Electoral Officer
9 General provisions as to Returning Officers
10 Returning Officers to make declaration
II: The House of Representatives
_11_14 untitled record
The Representation Commission
15 Representation Commission
15A Submissions
16 Division of New Zealand into General electoral districts after each census
17 Allowance for adjustment of quota
17A Classification of electoral districts for the purposes of pay or allowances
18 Notice of proposed boundaries and classification
18A Communications to officials
19 Report of Commission to be proclaimed by Governor-General
20 Report and maps to be laid before Parliament
20A Indexes of streets and places
21 Proceedings of Commission
22 Commissioner not eligible as member of House of Representatives
Maori Representation
23 Maori representation
Chatham Islands
24 Electoral districts for and polling in Chatham Islands
Qualifications of Candidates and Members
25 Registered electors may be members, unless disqualified
26 Offence for public servant to sit
27 Removal of name from roll without cause
28 Effect of registration on wrong roll
29 Member ceasing to be an elector
30 Candidacy and election of State servants
31 Members disqualified from being State servants
Term of Office of Member of Parliament
31A Term of office of member of Parliament
Vacancies
32 How vacancies created
33 Member becoming mentally disordered
34 Registrar of Court to notify cause of vacancy in certain cases
35 Registrar of Births and Deaths to notify Speaker of death of member
36 No person to be candidate for more than one district
III: Registration of Electors
37 Rules for determining place of residence within New Zealand
38 Meaning of ``permanent resident of New Zealand''
Qualification of Electors
39 Qualification of electors
40 Registration in respect of more than one electoral district
41 Maori option
41A Periodic exercise of Maori option and determination of Maori population
41B Exercise of Maori option
41C Restrictions on transfer between General and Maori electoral rolls
42 Disqualifications for registration
Registration
43 Compulsory registration of electors
43A Revision of electoral rolls
43B Power to combine revision of electoral rolls with exercise of Maori option
44 Changes of address to be notified
45 Effect of failure to notify change of address
46 Notification of death of registered elector
47 Notification of marriages of women electors
48 Application for registration
49 Procedure following application for registration
49A untitled record
50 Applications received after issue of writ
51 Assistance to be given to Registrar
52 Elector's objection
53 Registrar's objection
54 Time limit for objections and hearings by District Court after issue of writ
55 Procedure on reference of application or objection to District Court
56 Notice of registration
57 Removal of names from roll by Registrar
57A Notice of alterations to roll
58 untitled record
59 Corrupt Practices List
Electoral Rolls
60 New rolls on change of boundaries
60A Maintenance of rolls being replaced
60B Rolls where Parliament dissolved after change of boundaries and before new rolls completed
60C Habitation indexes
61 Main roll to be printed
62 Supplementary rolls to be printed
62A Unpublished names
63 Form of main roll and supplementary rolls
63A Composite rolls
63B Composite rolls required for by-elections
64 Inspection and purchase of main and supplementary rolls
64A Supply of computer compiled lists and computer tapes to territorial authorities
64B Offences in respect of use for commercial purposes of electoral information derived from computer tapes
65 Copies of rolls for Returning Officer
65A Dormant file
65AA Removal of names from dormant file by Registrar
65AB Computer compiled list of names on dormant file
65AC Purposes of dormant file and computer compiled lists of names on dormant file
65AD Inspection of computer compiled list of names on dormant file
65AE Purchase by candidates and political parties of computer compiled lists of names on dormant file
65B Power to destroy records
Offences
66 False statements or declarations
67 Wilfully misleading Registrar
68 Failure to deliver application
69 Misfeasance of Registrar
IV: Elections
General Elections
70 Governor-General's warrant for issue of writs
71 Writs for general election
By-elections
72 Speaker's warrant for issue of writ
73 When Governor-General to act for Speaker
74 Writ for by-election
75 No writ to issue pending election petition
Issue of Writs
76 Contents of writ
77 Clerk of Writs to notify Registrar
78 Notice to Returning Officer by telegram
79 Returning Officer to give public notice of nomination day and polling day
Nominations
80 Nomination of candidates
81 Deposit by candidate
82 Acceptance or rejection of nomination
83 Withdrawal of nomination
84 Advertisement of nominations and polling places
85 Procedure where election not contested
Contested Elections
86 If necessary, poll to be taken
87 Form of ballot papers
Death of Candidate
88 Death before close of nominations
89 Death after close of nominations
Candidates' Meetings
90 Use of public schoolrooms for election meetings
Polling at Elections
91 Governor-General may appoint polling places
92 Polling booths, ballot boxes, ballot papers, etc.
93 Deputy Returning Officers, poll clerks, and interpreters
94 Deputy Returning Officers, poll clerks, and interpreters to make declaration
95 Scrutineers
96 Hours of polling
97 untitled record
98 Employees to have time off to vote
Persons Qualified to Vote
99 Who may vote
100 Special voters
The Ballot
101 Ballot box to be kept locked during poll
102 Persons not to remain in polling places
103 Voters not to be spoken to in booth
104 Questions may be put to voter
105 Issue of ballot papers
106 Method of voting
107 Spoilt ballot papers
108 Blind, disabled, or illiterate voters
109 Procedure when second vote given in same name
Special Voting
110 Voting by special voters
110A Voting by special voters on Tokelau, Campbell Island, Raoul Island, and in Ross Dependency
Preliminary Count of Votes
111 Procedure after close of poll
Scrutiny of the Rolls
112 Scrutiny of the rolls
113 Marked copies of rolls to be compared
114 Parcels to be secured after scrutiny
Official Count and Declaration of Poll
115 Counting the votes
116 Declaration of result of poll
Recount
117 Application to District Court Judge for recount
118 Ballot papers and certificate to be compared on recount
Return of Writ
119 Endorsement and return of writ
120 Copy of writ to be forwarded to Clerk of the House
Disposal of Ballot Papers
121 Disposal of ballot papers, rolls, etc.
122 Disposal of packets
123 Papers taken from parcels as evidence in certain cases
Maintenance of Order at Elections
124 Deputy Returning Officers to maintain order
Adjournment of Poll
125 Adjournment of poll
Custody of Ballot Papers
126 Prevention of irregularities as to ballot papers
Offences at Elections
127 Interfering with or influencing voters
127A Power to remove statements, names, emblems, slogans, or logos
128 Publishing defamatory matter at election time
129 Erasing and altering official mark on ballot paper
130 Offences in respect of ballot papers and ballot boxes
131 Property to be stated as being in Returning Officer
132 Infringement of secrecy
132A Misfeasance of Returning Officer
Distribution of Page and Line Numbers
132B Distribution of page and line numbers
Candidates' Election Expenses
133 Periods for claiming and paying expenses
134 Procedure where claim disputed
135 Leave to pay claim after time limited
136 Payments to be vouched by bill
137 Return of election expenses
138 Return to be open for public inspection
139 Maximum amount of election expenses
V: Corrupt and Illegal Practices
Corrupt Practices
140 Personation
141 Bribery
142 Treating
143 Undue influence
Illegal Practices
144 Payments for exhibition of election notices
144A untitled record
145 untitled record
146 untitled record
147 Providing money for illegal purposes
147A Advertisements for candidates
148 Procurement of voting by unqualified voters
General Provisions
149 Cinematograph films
150 Punishment for corrupt or illegal practice
151 Persons charged with corrupt practice may be found guilty of illegal practice
152 Time limit for prosecutions
153 Punishment for disqualified person voting
154 Reversal of disqualification procured through perjury
VI: Election Petitions
155 Method of questioning election
156 Election petitions
157 Time for presentation of election petition
158 Security for costs
159 More than one petition relating to same election
160 Rules of Court
Trial of Election Petition
161 Court and place of trial
162 Trial of petition
163 Avoidance of election of candidate guilty of corrupt practice
164 Avoidance of election for general corruption
165 Votes to be struck off for corrupt practices
166 Real justice to be observed
167 Irregularities not to invalidate election
168 Decisions of Court to be final
169 Certificate of Court as to result of election
170 Report of Court as to corrupt or illegal practices
171 Special report
172 Signature and effect of certificate and report
Witnesses
173 Summons and examination of witnesses
174 Certificate of indemnity to witness
175 Expenses of witnesses
Costs
176 Costs of petition
177 Costs payable by persons proved guilty of corrupt or illegal practices
Withdrawal and Abatement of Petitions
178 Withdrawal of petition
179 Substitution of new petitioner
180 Report on withdrawal
181 Abatement of petition
General Provisions
182 Withdrawal and substitution of respondents before trial
183 Submission of report to Attorney-General
VII: Miscellaneous Provisions
184 Service of notices
185 Voting machines
186 Registrars of Electors exempt from Court fees
187 Validation of irregularities
188 Regulations
189 Restriction on amendment or repeal of certain provisions
190 Repeals and savings
Schedule(s)
1 FIRST SCHEDULE: Forms
2 SECOND SCHEDULE: Enactments Repealed
Amending Act/Rule(s)
1 The Electoral Amendment Act 1960
2 The Electoral Amendment Act 1965
3 The Electoral Amendment Act 1967
4 The Electoral Amendment Act (No. 2) 1969
5 The Electoral Amendment Act 1971
6 The Electoral Amendment Act 1974
7 The Electoral Amendment Act 1975
8 The Electoral Amendment Act 1976
9 The Electoral Amendment Act 1977
10 The Electoral Amendment Act 1979
11 The Electoral Amendment Act 1980
12 The Electoral Amendment Act 1981
13 The Electoral Amendment Act 1983
14 The Electoral Amendment Act 1985
15 The Electoral Amendment Act (No. 2) 1985
16 The Electoral Amendment Act 1986
17 The Electoral Amendment Act (No. 2) 1986
18 The Electoral Amendment Act 1987