- Search Acts - List of Acts

Electoral Acts 1956-1993 (By Parliamentary Counsel) 009
Commenced:

ANALYSIS

Index
Analysis

Schedule(s)

1 THE ELECTORAL ACT 1956:

THE ELECTORAL ACT 1956: 1 Short Title, commencement, and division into Parts

I: Preliminary

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 Chief Registrar of Electors
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

I: Electoral Commission 10 Returning Officers to make declaration
10B Functions
10C Powers
10D Independence
10E Membership
10F Appointment of Judge as member not to affect tenure, etc.
10G Term of office
10H Vacation of office
10I Delegation of Commission's powers
10J Procedure
10K Proceedings of Electoral Commission
10L Annual report

II: The House of Representatives 11_14 untitled record

The Representation Commission 15 Representation Commission
15A Deputies of appointed members
15B Deputies of ex officio members
15C 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
20 Report and maps to be laid before Parliament
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 untitled record

Term of Office of Member of Parliament 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

II: Registration of Political Parties 36 No person to be candidate for more than one district
36B Application for registration
36C Party not to be registered at certain times
36D Parties with certain names not to be registered
36E Other grounds on which registration may be refused
36F Registration
36G Inspection of Register
36H Changes to Register
36I Cancellation of registration
36J Requirement for registered parties to follow democratic procedures in candidate selection

III: 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
Periodic exercise of Maori option and determination of Maori population
Exercise of Maori option
41C Restrictions on transfer between General and Maori electoral rolls
42 Disqualifications for registration
42A Detention in penal institution pursuant to conviction

Registration 43 Compulsory registration of electors
Revision of electoral rolls
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
47A Notification of change of name
48 Application for registration
48A Registration of mentally incapable persons
49 Procedure following application for registration
49A >I
50 Applications received after issue of writ
51 Assistance to be given to Registrar
52 Elector's objection
53 Registrar's objection
54 Repealed by s. 22 (1) of the Electoral Amendment Act 1990.
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
2 untitled schedule
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
Habitation indexes
61 Main roll to be printed
62 Supplementary rolls to be printed
Unpublished names
63 Form of main roll and supplementary rolls
Composite rolls
Composite rolls required for by-elections
64 Inspection and purchase of main and supplementary rolls
Supply of computer compiled lists and computer tapes to local authorities
64B Supply of computer tapes
64BA Supply of information on age
64BB Offences in respect of using electoral information derived from computer tapes for non-electoral purposes
64BC Offence in respect of manipulating or processing electoral information
65 Copies of rolls for Returning Officer
65A Dormant file
Removal of names from dormant file by Registrar
Computer compiled list of names on dormant file
Purposes of dormant file and computer compiled lists of names on dormant file
Inspection of computer compiled list of names on dormant file
Purchase by candidates and political parties of computer compiled list of names on dormant file
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
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

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 Power to appoint polling places
91A Use of public schools as polling places
92 Polling booths, ballot boxes, ballot papers, etc.
93 Deputy Returning Officers, poll clerks, and interpreters
94 Deputy Returning Officers, poll clerks, ushers, and interpreters to make declaration
95 Scrutineers
96 Hours of polling
97 Repealed by s. 3 (1) of the Electoral Amendment Act 1967.
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 remain closed during poll
102 Persons not to remain in polling places
103 Voters not to be communicated with 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
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.
121A Annotation of list of special voters
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
3 untitled schedule

Custody of Ballot Papers 127 Interfering with or influencing voters
Power to remove statements, names, emblems, slogans, or logos
128 untitled record
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
Misfeasance of Returning Officer

Distribution of Page and Line Numbers 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
138A Transmission of copy of return to Chief Electoral Officer
139 Maximum amount of election expenses
139A Apportionment 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
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 >1
187 >1
188 Regulations
189 Restriction on amendment or repeal of certain provisions
190 Repeals and savings
4 FIRST SCHEDULE: Forms
5 Form 2: Warrant for Issue of Writs for General Election
6 Form 3: Writ for Election
7 Form 4: Warrant for Issue of Writ for Bi-election
8 Form 5: Notice of Nomination Day and Polling Day
9 Form 6:
10 Form 7: Notice of Withdrawal of Nomination
11 Form 8: Ballot Paper
12 Form 9: COUNTERFOIL
13 Form 10: Declaration of Result of Poll
14 Form 11: Return of Election Expenses
15 : Provisions Relating to Electoral Commission
16 SECOND SCHEDULE: Enactments Repealed

Amending Act/Rule(s)

I: Preliminary 2 Interpretation

- Search Acts - List of Acts