New Zealand 1852 (rev. 2014) Subsequently amended

242. Privileges of House of Representatives. Journals as evidence

1. Legislative committees, Reference to country's history
   The House of Representatives and the Committees and members thereof shall hold, enjoy, and exercise such and the like privileges, immunities, and powers as on 1 January 1865 were held, enjoyed, and exercised by the Commons House of Parliament of Great Britain and Ireland, and by the Committees and members thereof, so far as the same are not inconsistent with or repugnant to such of the provisions of the Constitution Act as on 26 September 1865 (being the date of the coming into operation of the Parliamentary Privileges Act 1865) were unrepealed, whether such privileges, immunities, or powers were so held, possessed, or enjoyed by custom, statute, or otherwise.
2. Such privileges, immunities, and powers shall be deemed to be part of the general and public law of New Zealand, and it shall not be necessary to plead the same, and the same shall be judicially taken notice of in all Courts and by and before all Judges.
3. Upon any inquiry touching the privileges, immunities, and powers of the said House of Representatives, or of any Committee or member thereof, a copy of the Journals of the said Commons House of Parliament, printed or purporting to be printed by order of the said Commons House of Parliament by the printer to the said Commons House, shall be admitted as evidence of such Journals by all Courts, Judges, Justices, and others without any proof being given that such copies were so printed.

243-251. [Repealed]

252. Right to administer oaths

253. Indemnity to witness. Immunities and privileges

1. Legislative committees
   Where any person sworn and examined as a witness by or before any Select Committee of the House of Representatives on any matter which is a subject of inquiry before such Committee, claims, upon such examination, excuse from answering any question put to him by any such Committee on the ground that the answer to such question may criminate or tend to criminate him, and the Committee is of opinion that full answers are required in order to enable it to deal satisfactorily with the matter under inquiry, it shall make a report thereof to the House, and if such House passes a resolution that the witness shall give full evidence, then such witness shall answer accordingly.
2. Every such witness who thereupon answers fully and faithfully any question put to him by the Committee to the satisfaction of such Committee shall be entitled to receive a certificate under the hand of the Chairman of the Committee stating that such witness was, upon his examination, so required to answer and had answered all such questions.
3. On production and proof in any Court of law of such certificate, the Court shall stay the proceedings in any action or prosecution against such witness for any act or thing done by him before that time and revealed by the evidence of such witness, and may at its discretion award to such witness such costs as he may have been put to.
4. No statement made by any person in answer to any question put by or before any Committee as aforesaid shall, except in cases of a charge of perjury, be admissible as evidence in any proceeding, civil or criminal.
5. Every witness sworn and examined under this or the last preceding section shall have, in respect of the testimony given by him when so sworn, the like privileges, immunities, and indemnities in all respects as are possessed by or belong to any witness sworn and examined in the High Court.

253A. Hansard

1. Publication of deliberations
   An official report (to be known as Hansard) shall be made of such portions of the proceedings of the House of Representatives and its committees as may be determined by the House of Representatives or by the Speaker of the House of Representatives.
2. The report shall be made in such form and subject to such rules as may be from time to time approved by the House of Representatives itself or by the Speaker of the House of Representatives.

254-256. [Repealed]

257. Interpretation. Exemption of members and officers from attendance as witnesses

1. In this and the succeeding sections of this Division of this Act—
   • Court of record means the Court of Appeal, the High Court, and every District Court

     process includes every writ, summons, and subpoena

     Speaker includes the person for the time being acting in that capacity.

2. Where any member of Parliament or any of the officers specified in Schedule 6, not being in attendance on Parliament, is required by the process of any Court of record to attend thereat personally, either during any session of the General Assembly or within 10 days before the commencement thereof, as a party or witness in any civil proceeding, or as a witness in any criminal proceeding, such member or officer may apply to such Court to be exempted from attendance on such Court.

258. Exemption of members and officers bound by recognisance

259. Court to make inquiry and grant exemption

260. Exemption of Speaker from attendance on Courts

261. Application to Speaker for exemption from attendance in civil Courts

262. Application by members and officers bound by recognisance

263. Speaker to make inquiry and grant certificate

264. Effect of certificate

265. Adjournment of civil proceedings against members and officers

266. Court may make inquiry and adjourn case

267. Service of process of Courts not of record

268. Court to take judicial notice of signature of Speaker

269. Leave to members and officers to attend Court

270. [Repealed]

271. [Repealed]

3. Supreme Court reconstituted as High Court

1. There shall continue to be in and for New Zealand a court of record, for the administration of justice throughout New Zealand, henceforth to be called the High Court of New Zealand.
2. The High Court is hereby declared to be the same court as that established by this Act, and called, before the commence- ment of section 2 of the Judicature Amendment Act 1979, the Supreme Court.

4. The Judges of the High Court

1. The High Court consists of—
   1. Number of supreme court judges
      a Judge called the Chief Justice of New Zealand; and
   2. Number of supreme court judges
      the other Judges, up to a maximum of 55, who are from time to time appointed.
2. For the purposes of subsection (1)(b),—
   1. a Judge who is acting on a full-time basis counts as 1:
   2. a Judge who is acting on a part-time basis counts as an appropriate fraction of 1:
   3. the aggregate number (for example, 54.5) must not exceed the maximum number of Judges that is for the time being permitted.
3. Subsection (1) is subject to subsections (1C) and (1D) and the other provisions of this Act.
4. Ordinary court selection
   An additional Judge or additional Judges may be appointed whenever the Governor-General thinks it necessary because of the absence or anticipated absence of any of the Judges on leave preliminary to retirement.
5. Ordinary court selection
   Every appointment made under subsection (1C) must be a permanent appointment from the time when it is made, and must fill the vacancy next occurring in the office of Judge, not being a vacancy filled by an earlier appointment under subsection (1C).
6. Ordinary court selection
   The Judges of the High Court shall be appointed by the Governor-General in the name and on behalf of Her Majesty.
7. A Judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the Chief High Court Judge is satisfied that the employment or other office is compatible with judicial office.
8. As between the Judges of the High Court who are not Judges of the Supreme Court or Court of Appeal,—
   1. the Chief High Court Judge has seniority over the other Judges:
   2. the other Judges have seniority among themselves according to the dates of their appointments as Judges of the High Court:
   3. 2 or more of the other Judges appointed as Judges of the High Court on the same date,—
      1. have seniority according to the precedence assigned to them by the Governor-General on appointment; or
      2. if no precedence is assigned to them, according to the order in which they take the Judicial Oath.
9. Permanent Judges have seniority over temporary Judges.
10. Subsection (3A) overrides subsection (3).
11. The jurisdiction of the High Court shall not be affected by any vacancy in the number of the Judges of that court.

4A. Chief High Court Judge

1. Ordinary court selection
   The Governor-General must by warrant appoint a Judge of the High Court who is not a Judge of the Supreme Court or the Court of Appeal to be the Chief High Court Judge.
2. The Chief High Court Judge holds that office until the earliest of the following:
   1. ceasing to hold office as a Judge of the High Court:
   2. being appointed a Judge of the Supreme Court or the Court of Appeal:
   3. resigning the office of Chief High Court Judge without resigning office as a Judge of the High Court.
3. The Chief High Court Judge cannot resign the office of Chief High Court Judge without resigning office as a Judge of the High Court, except with the prior approval of the Governor-General.
4. The Judge of the High Court who is next senior after the Chief High Court Judge may act in place of the Chief High Court Judge if,—
   1. because of illness or absence from New Zealand, or for any other reason, the Chief High Court Judge is unable to exercise the duties of that office; or
   2. the office of Chief High Court Judge is vacant.
5. While acting in place of the Chief High Court Judge, the next senior Judge—
   1. may perform the functions and duties of the Chief High Court Judge; and
   2. may for that purpose exercise all the powers of the Chief High Court Judge.
6. The fact that the next senior Judge exercises any of the powers of the Chief High Court Judge is conclusive proof of his or her authority to do so.

4B. Functions of Chief High Court Judge

1. The Chief High Court Judge is responsible to the Chief Justice for ensuring the orderly and prompt conduct of the High Court’s business.
2. The Chief High Court Judge may make all the arrangements that are necessary for the sittings of the court and the conduct of its business.

4C. Judges of High Court act on full-time basis but may be authorised to act part-time

1. A person acts as a Judge of the High Court on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.
2. The Attorney-General may, in accordance with subsection (4), authorise a Judge appointed under section 4 or section 4A to act on a part-time basis for any specified period.
3. To avoid doubt, an authorisation under subsection (2) may take effect as from a Judge’s appointment or at any other time, and may be made more than once in respect of the same Judge.
4. The Attorney-General may authorise a Judge to act on a parttime basis only—
   1. on the request of the Judge; and
   2. with the concurrence of the Chief High Court Judge.
5. In considering whether to concur under subsection (4), the Chief High Court Judge must have regard to the ability of the court to discharge its obligations in an orderly and expeditious way.
6. A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.
7. The basis on which a Judge acts must not be altered during the term of the Judge’s appointment without the Judge’s consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).
8. An authorisation may not be granted under subsection (2) for any person appointed as a Judge of the Court of Appeal or Supreme Court.

5. Senior Judge to act as Chief Justice in certain circumstances

6. Judges to be barristers or solicitors

7. Commissions of Judges to continue during good behaviour

8. Judges may be removed or suspended on address of both Houses of Assembly to the Queen

9. Governor may suspend Judge when Parliament not sitting

9A. Salaries and allowances of Judges

1. There shall be paid to the Chief Justice, to the other Judges of the Supreme Court, to the President of the Court of Appeal, to the other Judges of the Court of Appeal, and to the other Judges, out of public money, without further appropriation than this section,—
   1. salaries at such rates as the Remuneration Authority from time to time determines; and
   2. such allowances as are from time to time determined by the Remuneration Authority; and
   3. a higher duties allowance payable and calculated in accordance with subsection (1A); and
   4. such additional allowances, being travelling allowances or other incidental or minor allowances, as may be determined from time to time by the Governor-General.
2. The higher duties allowance under subsection (1)(ba) is—
   1. payable only to a Judge who—
      1. is or was not a Judge of the Court of Appeal holding office under section 57(2) (in this subsection called a permanent Judge); but
      2. is or was under sections 58A to 58C or section 58F serving as a member of a criminal or civil division, or as a member of the full court, of the Court of Appeal; and
   2. payable only in respect of periods of the Judge’s service as a member of the division or full court; and
   3. calculated at a rate expressed per day of service as a member of the division or full court in accordance with the following formula:

      (a − b) × c/d

      where—

      • a is the applicable yearly rate of salary determined by the Remuneration Authority to be payable to a permanent Judge

        b is the applicable yearly rate of salary determined by the Remuneration Authority to be payable to a Judge who is not a permanent Judge

        c is 0.0383561 (the standard payroll factor, which represents the proportion of an annual salary that is paid per fortnight)

        d is 10 (the number of working days per fortnight).

3. Subject to the Remuneration Authority Act 1977, any determination made under subsection (1), and any provision of any such determination, may be made so as to come into force on a date to be specified in that behalf in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.
4. Every such determination, and every provision of any such determination, in respect of which no date is specified as afore- said shall come into force on the date of the making of the determination.
5. The salary and allowances payable for a period during which a Judge acts on a part-time basis must be calculated and paid as a pro rata proportion of the salary and allowances for a full-time equivalent position.
6. For the purpose of section 24 of the Constitution Act 1986, neither the cessation of the payment of a higher duties allowance payable and calculated under subsections (1)(ba) and (1A), nor the payment of salary and allowances on a pro rata basis under subsection (4), is a reduction of salary.

10. Salaries of Judges not to be diminished

11. Temporary Judges

1. Subject to section 11B, at any time during the illness or absence of any Judge, or for any other temporary purpose, the Governor-General may, in the name and on behalf of Her Majesty, appoint any person (including a former Judge) to be a Judge for such term, not exceeding 12 months, as the Governor-General may specify.
2. Any person appointed a Judge under this section may be reappointed, but no Judge shall hold office under this section for more than 2 years in the aggregate.
3. Every person appointed a Judge under this section shall, during the term of his appointment, be paid the salary and allowances payable by law to a Judge other than the Chief Justice, the other Judges of the Supreme Court, the President of the Court of Appeal, the other Judges of the Court of Appeal, or the Chief High Court Judge.

11A. Former Judges

1. Subject to section 11B, the Governor-General may, in the name and on behalf of Her Majesty, appoint any former Judge to be an acting Judge for such term not exceeding 2 years or, if the former Judge has attained the age of 72 years, not exceeding 1 year, as the Governor-General may specify.
2. During the term of his appointment, the former Judge may act as a Judge during such period or periods only and in such place or places only as the Chief High Court Judge may determine.
3. Every former Judge appointed under this section shall, during each period when he acts as a Judge, but not otherwise, be paid a salary at the rate for the time being payable by law to a Judge other than the Chief Justice or the President of the Court of Appeal or a Judge of the Court of Appeal, and must also be paid the higher duties allowance payable and calculated under section 9A(1)(ba) and (1A) and such travelling allowances or other incidental or minor allowances as may be fixed from time to time by the Governor-General.
4. Every former Judge appointed under this section shall, during each period when he acts as a Judge, have all the jurisdiction, powers, protections, privileges, and immunities of a Judge.

11B. Certificate by Chief Justice and Chief High Court Judge

12. Superannuation allowance of Judges

13. Age of retirement

14. Rights on retirement before attaining retiring age

15. How superannuation allowances of the existing Judges to be computed

16. General jurisdiction

16A. Power to award damages as well as, or in substitution for, injunction or specific performance

17. Jurisdiction as to mentally disordered persons, etc

17A. Jurisdiction as to liquidation of associations

1. In this section, association includes any partnership, company, or other body corporate, or unincorporated body of persons other than—
   1. a company or an overseas company, as defined in section 2 of the Companies Act 1993; or
   2. [Repealed]
   3. a body corporate that may be put into liquidation in accordance with the provisions of any Act under which it is constituted.
2. The court has jurisdiction to appoint a named person or an Official Assignee for a named district as the liquidator of an association.
3. An application for the appointment of a liquidator may be made by the association or a director or member or creditor or the Registrar of Companies.
4. The court may appoint a liquidator if it is satisfied that—
   1. the association is dissolved or has ceased to carry on business or is carrying on business solely for the purpose of terminating its affairs; or
   2. the association is unable to pay its debts; or
   3. it is just and equitable that the association be put into liquidation.

17B. Application of Companies Act 1993

17C. Meaning of inability to pay debts

17D. Power of liquidator to enforce liabilities

17E. Actions stayed on liquidation

18. No jurisdiction in cases of felonies or misdemeanours committed prior to 14 January 1840

19. Powers of the court may be exercised by 1 or more Judges

1. Each Judge or any 2 or more Judges may in any part of New Zealand exercise all the powers of the court, except such powers as may by any statute be required to be exercised by the full court or by any specified number of Judges.
2. Subsection (1) shall be read subject to the provisions of any enactment that provides for the appointment of persons other than Judges to sit with the court or as members of the court in respect of any specified proceedings or class of proceedings.

19A. Certain civil proceedings may be tried by jury

1. This section applies to civil proceedings in which the only relief claimed is payment of a debt or pecuniary damages or the recovery of chattels.
2. If the debt or damages or the value of the chattels claimed in any civil proceedings to which this section applies exceeds $3,000, either party may have the civil proceedings tried before a Judge and a jury on giving notice to the court and to the other party, within the time and in the manner prescribed by the High Court Rules, that he requires the civil proceedings to be tried before a jury.
3. Notwithstanding anything in subsection (2), in any case where, after notice has been given pursuant to that subsection but before the trial has commenced, the debt or damages or the value of the chattels claimed is reduced to $3,000 or less, the civil proceedings shall be tried before a Judge without a jury.
4. If, in any civil proceedings to which this section applies, the defendant sets up a counterclaim, then, unless pursuant to this section the civil proceedings and the counterclaim are both to be tried before a Judge without a jury, the following provisions shall apply:
   1. on the application of either party made with the consent in writing of the other party, both the civil proceedings and counterclaim shall be tried before a Judge without a jury, or before a Judge with a jury, whichever is specified in the application:
   2. if no such application is made, the civil proceedings and the counterclaim shall, subject to any direction of the court or a Judge under section 19B, be tried in accordance with the foregoing provisions of this section: provided that if the court or a Judge orders that the civil proceedings and the counterclaim be tried together, they shall be tried before a Judge with a jury.
5. Notwithstanding anything to the contrary in the foregoing provisions of this section, in any case where notice is given as aforesaid requiring any civil proceedings to be tried before a jury, if it appears to a Judge before the trial—
   1. that the trial of the civil proceedings or any issue therein will involve mainly the consideration of difficult questions of law; or
   2. that the trial of the civil proceedings or any issue therein will require any prolonged examination of documents or accounts, or any investigation in which difficult questions in relation to scientific, technical, business, or professional matters are likely to arise, being an examination or investigation which cannot conveniently be made with a jury,— the Judge may, on the application of either party, order that the civil proceedings or issue be tried before a Judge without a jury.
6. Nothing in this section shall apply in respect of any civil proceedings to be heard by the court in its admiralty jurisdiction.

19B. All other civil proceedings to be tried before Judge alone, unless court otherwise orders

1. Except as provided in section 19A of this Act, civil proceedings shall be tried before a Judge alone.
2. Notwithstanding subsection (1), if it appears to the court at the trial, or to a Judge before the trial, that the civil proceedings or any issue therein can be tried more conveniently before a Judge with a jury the court or Judge may order that the civil proceedings or issue be so tried.

19C. Questions of foreign law to be decided by Judge

1. Where, for the purpose of disposing of any civil proceedings or any criminal proceedings which are being tried by a Judge of the High Court with a jury, it is necessary to ascertain the law of any other country which is applicable to the facts of the case, any question as to the effect of the evidence given with respect to that law shall, instead of being submitted to the jury, be decided by the Judge alone.
2. This section has effect notwithstanding anything in section 19A or section 19B.

20. Governor in Council may divide New Zealand into districts

21. Actions and proceedings to be taken in the district prescribed by the Code of Civil Procedure

22. How applications to be made when Judge absent or unable to act

23. Governor-General may appoint special sittings

23A. Offices of the High Court

1. The Governor-General may from time to time, by notice in the Gazette, declare an office or offices of the court to be established at such place or places as may be specified in the notice, as from such date, in the case of each office, as may be so specified.
2. [Repealed]
3. [Repealed]
4. Where any office of the court is abolished, the Minister of the Crown who is responsible for the Ministry of Justice may direct that all documents, books, and records in that office shall be delivered to some other office of the court (in this section referred to as the substituted office). From the time of their delivery to the Registrar of the substituted office, those documents, books, and records shall be deemed to be in the lawful custody of that Registrar.
5. Where any office of the court is abolished, the following provisions shall apply:
   1. any act or thing that could have been done under any enactment or rule by the Registrar of that office may be done by the Registrar of the substituted office:
   2. any step in any proceedings that would, but for the abolition of that office, have been taken there under any enactment or rule may be taken at the substituted office:
   3. any act or thing required or authorised by any enactment or rule to be done by any person at that office, whether in respect of any proceedings or in respect of any transaction recorded or document filed there, may be done at the substituted office:
   4. any address for service, being an address conforming to the requirements of the rules of court, that has been given by any party to any proceedings in respect of which the records are delivered to the substituted office shall continue to be the address for service of that party for the purposes of those proceedings, notwithstanding that because of its distance from the substituted office it may cease to conform to those requirements: provided that where, because of its distance from the substituted office, the address does not conform to the requirements of the rules, the party shall give a new address for service conforming to those requirements when he first files in the substituted office any document in the proceedings:
   5. if in respect of any proceedings, or of any transaction, document, record, or other matter, any question arises as to the application of any provision of this section or as to the proper procedure to be followed, the court or a Judge may determine the question and make such order thereon as the court or Judge thinks fit.

24. Registrar may act for Judge in certain cases

24A. Establishment of commercial list

1. The Governor-General may from time to time by notice in the Gazette declare a commercial list to be established at any office of the High Court as from a date to be specified in the notice.
2. The first commercial list shall be established at the office of the High Court at Auckland for a period to be specified in the notice (which period shall not be less than 4 years).
3. The Governor-General may, on or before the expiration of the period specified under subsection (2), either—
   1. extend that period by notice in the Gazette; or
   2. declare by notice in the Gazette that the commercial list at the office of the High Court at Auckland shall continue indefinitely.
4. Where the Governor-General exercises the power given by subsection (3)(a), the Governor-General may, on or before the expiration of the extended period, declare by notice in the Gazette that the commercial list established at the office of the High Court at Auckland shall continue indefinitely.
5. Where the commercial list established at the office of the High Court at Auckland ceases to be established upon the expiration of the period specified under subsection (2) or the extended period specified under subsection (3)(a), the commercial list shall be deemed to continue for the purpose of completing any proceeding entered on the commercial list at the expiration of that period.

24B. Proceedings eligible for commercial list

1. The classes of proceedings eligible for entry on a commercial list are as follows:
   1. any proceedings arising out of or otherwise relating to:
      1. the ordinary transactions of persons engaged in commerce or trade or of shippers:
      2. the carriage of goods for the purpose of trade or commerce:
      3. the construction of commercial, shipping, or transport documents:
      4. the export or import of merchandise:
      5. insurance, banking, finance, guarantee, commercial agency, or commercial usages:
      6. disputes arising out of intellectual property rights between parties engaged in commerce:
   2. applications to the court under the Arbitration Act 1996:
   3. appeals against determinations of the Commerce Commission:
   4. proceedings under any of the provisions of sections 80, 81, 82, and 89 of the Commerce Act 1986:
   5. cases stated by the Financial Markets Authority, and civil proceedings under the Securities Act 1978 or the Securities Markets Act 1988:
   6. the following proceedings in relation to companies registered under the Companies Act 1955 or the Companies Act 1993, as the case may be:
      1. applications for directions by liquidators and receivers:
      2. defended applications under section 209ZG of the Companies Act 1955 or section 174 of the Companies Act 1993:
      3. disputes relating to takeovers:
      4. disputes between shareholders or classes of shareholders of companies (other than companies registered under Part 8 of the Companies Act 1955 and companies registered under the Companies Act 1993 and having not more than 25 shareholders):
   7. proceedings of a commercial nature required or permitted to be entered on a commercial list by or under any Act or by or under the High Court Rules or any rules made under section 51C of this Act.
2. Where any appeal belonging to the class of appeals described in subsection (1)(c) is entered on a commercial list,—
   1. that appeal shall, notwithstanding section 75(2) of the Commerce Act 1986, be heard and determined by the court; and
   2. any lay member appointed pursuant to section 77 of the Commerce Act 1986 shall, for the purpose of the hearing and determination of that appeal by the court, be deemed to be a lay member of the court; and
   3. section 77 and sections 91 to 97 of the Commerce Act 1986 shall, subject to section 24E, apply with all necessary modifications to that appeal.
3. Rules made under section 51C shall make provision for—
   1. the manner in which proceedings eligible for entry on a commercial list are to be entered on a commercial list:
   2. orders for the removal of proceedings entered on a commercial list:
   3. the procedure governing the determination of proceedings entered on a commercial list.

24C. Commercial list Judges

1. A commercial list established under section 24A is supervised by a Judge nominated from time to time by the Chief Justice after consulting the Chief High Court Judge.
2. The Chief High Court Judge can be nominated under subsection (1).
3. After consulting the Chief High Court Judge, the Chief Justice may nominate 1 or more Judges to help the Judge nominated under subsection (1) and to supervise the list when that Judge is absent from duty.
4. Every interlocutory application in any proceeding entered on a commercial list shall be determined by a Judge nominated under subsection (1) or subsection (2).
5. Where—
   1. any dispute has arisen concerning the construction, status, or application of a contract or document; and
   2. the dispute could be determined in a proceeding eligible for entry on a commercial list; and
   3. no proceeding has been commenced in respect of the dispute,—

   any party to the dispute may apply to a Judge nominated under subsection (1) or subsection (2) for the determination of the questions involved in the dispute.

24D. Directions for speedy determination of real questions in proceedings on commercial list

24E. Agreement not to appeal

24F. Proceedings not to be tried by jury

24G. Restriction of right of appeal from interlocutory decisions

1. No appeal shall lie from an interlocutory decision of the High Court in respect of any proceeding entered on a commercial list unless leave to appeal to the Court of Appeal is given by the High Court on application made within 7 days of the decision being given or within such further time as the High Court may allow.
2. If the High Court refuses leave to appeal from any such interlocutory decision, the Court of Appeal may grant that leave on application made to the Court of Appeal within 21 days of the refusal of leave by the High Court.

25. Administrative Division of the High Court

26. Jurisdiction of Administrative Division

26A. Lay members or assessors in certain cases

26B. Rules relating to Administrative Division

26C. Appointment of Associate Judges

1. Ordinary court selection
   The Governor-General may from time to time, by warrant, appoint fit and proper persons to be Associate Judges of the High Court.
2. The maximum number of Associate Judges is 9.
3. For the purposes of subsection (2),—
   1. an Associate Judge who is acting on a full-time basis counts as 1:
   2. an Associate Judge who is acting on a part-time basis counts as an appropriate fraction of 1:
   3. the aggregate number (for example, 5.5) must not exceed the maximum number of Associate Judges that is for the time being permitted.
4. Eligibility for ordinary court judges
   A person must not be appointed as an Associate Judge unless he or she has held a practising certificate as a barrister or solicitor for at least 7 years.
5. An Associate Judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the Chief High Court Judge is satisfied that the employment or other office is compatible with judicial office.
6. An Associate Judge holds office until, in accordance with section 26E, he or she retires or resigns or is removed from office.
7. Subsection (6) applies to—
   1. every Associate Judge appointed after the commencement of this section; and
   2. every person deemed by section 6(1) of the Judicature Amendment Act 2004 to have been appointed as an Associate Judge at the commencement of this section (despite any provision to the contrary in any enactment or warrant of appointment).

26D. Associate Judges act on full-time basis but may be authorised to act part-time

1. A person acts as an Associate Judge on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.
2. The Attorney-General may, in accordance with subsection (4), authorise an Associate Judge appointed under section 26C to act on a part-time basis for a specified period.
3. To avoid doubt, an authorisation under subsection (2) may take effect as from an Associate Judge’s appointment or at any other time, and may be made more than once in respect of the same Associate Judge.
4. The Attorney-General may authorise an Associate Judge to act on a part-time basis only—
   1. on the request of the Associate Judge; and
   2. with the concurrence of the Chief High Court Judge.
5. In considering whether to concur under subsection (4), the Chief High Court Judge must have regard to the ability of the court to discharge its obligations in an orderly and expeditious way.
6. An Associate Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.
7. The basis on which an Associate Judge acts must not be altered during the term of the Associate Judge’s appointment without the Associate Judge’s consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).

26E. Vacation of office

1. Supreme/ordinary court judge removal
   The Governor-General may, if the Governor-General thinks fit, remove an Associate Judge for inability or misbehaviour.
2. An Associate Judge may resign the office of Associate Judge by notice in writing addressed to the Attorney-General.
3. Mandatory retirement age for judges
   Subject to section 26H, every Associate Judge shall retire from office on attaining the age of 70 years.

26F. Salaries and allowances of Associate Judges

1. Subject to subsection (5), there shall be paid to every Associate Judge, out of public money, without further appropriation than this section,—
   1. a salary at such rate as the Remuneration Authority from time to time determines; and
   2. such allowances as are from time to time determined by the Remuneration Authority; and
   3. such additional allowances, being travelling allowances or other incidental or minor allowances, as may be determined from time to time by the Governor-General.
2. Protection of judges' salaries
   Subject to subsection (5), the salary of an Associate Judge shall not be diminished during the continuance of the Associate Judge’s appointment.
3. Subject to the Remuneration Authority Act 1977, any determination made under subsection (1), and any provision of any such determination, may be made so as to come into force on a date to be specified in that behalf in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.
4. Every such determination, and every provision of any such determination, in respect of which no date is specified as aforesaid shall come into force on the date of the making of the determination.
5. The salary and allowances payable for a period during which an Associate Judge acts on a part-time basis must be calculated and paid as a pro rata proportion of the salary and allowances for a full-time equivalent position.
6. For the purpose of subsection (2), the payment of salary and allowances on a pro rata basis under subsection (5) is not a diminution of salary.

26G. Superannuation or retiring allowances of Associate Judges

26H. Temporary Associate Judges

1. Ordinary court selection
   The Governor-General may, subject to this section, appoint any person (including a former Associate Judge) to act as an Associate Judge for such period as is specified in the warrant of appointment.
2. The period so specified shall not exceed 12 months; but any person appointed under this section may from time to time be reappointed.
3. Eligibility for ordinary court judges
   No person shall be appointed as an Associate Judge under this section unless that person is eligible for appointment as an Associate Judge pursuant to section 26C, save that, subject to subsection (4) of this section, a person otherwise qualified who has attained the age of 70 years (including an Associate Judge who has retired after attaining that age) may be appointed as an Associate Judge under this section.
4. Eligibility for ordinary court judges
   No person shall be appointed or reappointed as an Associate Judge under this section who has attained the age of 72 years.
5. Subject to section 26F(5), every person appointed as an Associate Judge under this section shall, during the term of that Associate Judge’s appointment, be paid the salary and allowances payable by law to an Associate Judge.
6. No appointment may be made under this section otherwise than on a certificate signed by the Chief Justice to the effect that, in the opinion of the Chief Justice, it is necessary for the due conduct of the business of the court that a temporary Associate Judge be appointed.
7. The Chief Justice must not sign the certificate without first consulting the Chief High Court Judge.

26I. Associate Judge may exercise certain powers of the court

1. An Associate Judge shall have and may exercise all the jurisdiction and powers of the court in relation to the following matters:
   1. any application for summary judgment:
   2. [Repealed]
   3. any proceedings under which relief is claimed solely under any of the provisions of sections 140, 143, 144, 145, 145A, and 148 of the Land Transfer Act 1952 (which provisions relate to caveats):
   4. the assessment of damages where liability has been determined, or the trial of proceedings in which only the amount of the debt or damages is disputed:
   5. the entry of any judgment by consent, or the making of any other order by consent:
   6. the making of any order (other than an arrest order or an order relating to an arrest order) that may be made under rules of court against a judgment debtor who has been ordered to attend court for examination:
   7. the making, variation, suspension, or discharge of attachment orders under rules of court:
   8. any other matter in respect of which jurisdiction is conferred on an Associate Judge by or under any Act.
2. An Associate Judge shall have and may exercise all the jurisdiction and powers which are vested in the court or a Judge by the following enactments:
   1. article 11 of Schedule 1 of the Arbitration Act 1996:
   2. sections 205 to 207 of the Companies Act 1955, as applied to compromises and arrangements by section 35 of the Companies Amendment Act 1993:
   3. sections 220 to 222, 226, 231(4), 233 to 237, 239, 240(1)(a), 246 to 249, 250 to 263, 265 to 267, 311A, 311B, 312, and 332 of the Companies Act 1955, as applied in relation to the winding up of a company by section 42(1) of the Companies Amendment Act 1993:
   4. sections 139, 168, 209N to 209P, 209R to 209T, 209X to 209ZA, 209ZF, 211, 213, 216 to 218, 220, 231(2), 235(5), 240, 243, 258, 260, 264, 265, 268 to 270, 281, 288, and 467 of the Companies Act 1955, as continued in force by section 3 of the Companies Act Repeal Act 1993:
   5. sections 123, 154, 165 to 168, 173, 179, 232 to 234, 236 to 238, Part 15A, Part 16, and section 329 of the Companies Act 1993:
   6. rules 39, 41, 71, 87 to 89, 91, 94, 95, 96, 111, 125(3), 136, 137, 141 to 143, 190, and 191 of the Companies (Winding Up) Rules 1956, as continued in force by section 42(7) of the Companies Amendment Act 1993:
   7. section 42(2) of the Corporations (Investigation and Management) Act 1989:
   8. section 26, Part 10, section 119, and Part 15 of the Insolvency Act 1967:
   9. the Insolvency Act 2006 (except sections 150, 166(3), 180, and 236(2)):
   10. any regulations or rules made under the Insolvency Act 2006:
   11. rules 41 and 43 of the Insolvency Rules 1970:
   12. any regulations relating to liquidations made under the Companies Act 1955 or under the Companies Act 1993:
   13. sections 118, 128, 131, 167, 168, 170, 179, 181, 182, and 186 of the Personal Property Securities Act 1999:
   14. the Model Law on Cross-Border Insolvency as set out in Schedule 1 of the Insolvency (Cross-border) Act 2006.
3. An Associate Judge shall have and may exercise all the jurisdiction and powers of the court to deal with costs and other matters incidental to the matters over which an Associate Judge has jurisdiction pursuant to subsection (1) or subsection (2).
4. Rules made under section 51C or rules made under any other Act in the manner provided in that section may contain such provisions as may be necessary—
   1. to enable the proper exercise by Associate Judges of the jurisdiction and powers conferred by this section; and
   2. to regulate the practice and procedure of the court on appeals against the exercise by Associate Judges of the jurisdiction and powers so conferred.
5. [Repealed]

26IA. Ancillary powers of Associate Judge

1. Subject to subsection (2), an Associate Judge shall have, in all proceedings (including proceedings on an interlocutory application) properly before the Associate Judge, jurisdiction to make any order or to exercise any authority or jurisdiction that might be made or exercised by a Judge of the High Court.
2. Nothing in subsection (1) confers on an Associate Judge any jurisdiction or power of a kind described in subsection (3) or subsection (4) of section 26J.

26IB. Judge or Associate Judge may, by video link, preside at hearing of specified matters

1. A Judge or Associate Judge may, by video link, preside at the hearing of any matter—
   1. over which an Associate Judge has jurisdiction under section 26I; and
   2. that is specified in rules made under section 51C for the purposes of this section.
2. A hearing conducted under the authority of subsection (1)—
   1. has effect as if the Judge or Associate Judge were physically present:
   2. does not affect the privileges and immunities of the Judge or Associate Judge or of any witnesses, counsel, or parties appearing at the hearing.
3. Rules made under section 51C may—
   1. specify a class or classes of matters in respect of which hearings authorised by subsection (1) may be conducted:
   2. regulate the manner in which hearings authorised by subsection (1) are conducted.

26J. Power to make rules conferring specified jurisdiction and powers of Judge in chambers on Associate Judges

1. Notwithstanding anything contained in any other provision of this Act or of any other Act but subject to the provisions of this section, rules made under section 51C or rules made under any other Act in the manner provided in that section may confer on Associate Judges, subject to such limitations and restrictions as may be specified in the rules, such of the jurisdiction and powers of a Judge sitting in chambers, conferred by this Act or any other Act, as may be specified in the rules.
2. Any such rules may contain such other provisions as may be necessary—
   1. to enable the proper exercise by Associate Judges of the jurisdiction and powers so conferred; and
   2. to regulate the practice and procedure of the court on any application to the court under section 26P(1) to review the exercise by an Associate Judge of the jurisdiction and powers so conferred.
3. Nothing in subsection (1) or subsection (2) authorises the making of any rule which confers on Associate Judges any jurisdiction or power in respect of any of the following matters:
   1. any criminal proceeding, other than an uncontested application for bail or an application for the setting aside of a witness summons:
   2. any application for a writ of habeas corpus:
   3. any proceedings for the issue or renewal of a writ of sequestration:
   4. any proceedings under or by virtue of the Care of Children Act 2004:
   5. any action in rem under or by virtue of the Admiralty Act 1973:
   6. any application to review, or any appeal against, the exercise, or the refusal to exercise, by any Registrar or Deputy Registrar, of any jurisdiction or power conferred on any Registrar or Deputy Registrar by or under this Act or any other Act.
4. Nothing in subsection (1) or subsection (2) authorises the making of any rule which confers on Associate Judges any jurisdiction or power—
   1. to grant an Anton Piller order, or an injunction (whether interlocutory or otherwise):
   2. to grant any relief on an application for review under section 4(1) of the Judicature Amendment Act 1972:
   3. to grant any relief in any proceedings for a writ or order of or in the nature of mandamus, prohibition, or certiorari, or for a declaration or injunction:
   4. to grant any application to remove any person from public office:
   5. to try the right of any person to hold any public office.

26K. Power of Associate Judge to deal with witnesses and to punish for contempt

26L. Associate Judge to have no power to make order for committal, attachment, or arrest

26M. Associate Judge may act as referee

26N. Transfer of proceedings from Associate Judge to Judge

1. In any proceedings before an Associate Judge, an Associate Judge may, on the application of any party to the proceedings, or of the Associate Judge’s own motion, refer the proceedings or any matter arising therein to a Judge if the Associate Judge is satisfied that because of the complexity of the proceedings or of that matter, or of any question in issue in the proceedings, it is expedient that the proceedings or that matter be referred to a Judge.
2. Where any proceedings are to be dealt with or are being dealt with by an Associate Judge, a Judge may, at any time before the conclusion of those proceedings, on application made on notice by any party to the proceedings, order that the proceedings or any part thereof be transferred to a Judge if that Judge is satisfied that it is desirable that the proceedings or that part thereof be dealt with by a Judge.
3. Upon the reference of any proceedings, or any matter arising therein, to a Judge under subsection (1), or the transfer of any proceedings or any part thereof to a Judge under subsection (2), the Judge may—
   1. dispose of the proceedings; or
   2. refer the proceedings or the matter back to the Associate Judge with such directions as the Judge thinks fit.

26O. Power of Associate Judge to adjourn proceedings

26P. Review of, or appeals against, decisions of Associate Judges

1. Right to appeal judicial decisions
   Any party to any proceedings who is affected by any order or decision made by an Associate Judge in chambers may apply to the court to review that order or decision and, where a party so applies in accordance with the High Court Rules, the court—
   1. must review the order or decision in accordance with the High Court Rules; and
   2. may make such order as may be just.
2. The determination of the High Court on a review under subsection (1) is final, unless the High Court gives leave (or the High Court refuses leave, but the Court of Appeal gives special leave) to appeal from it to the Court of Appeal.
3. Rules under section 51C may—
   1. specify the nature and extent of reviews or classes of review under subsection (1):
   2. regulate the procedure for hearing applications or classes of application under subsection (1):
   3. regulate the procedure for hearing applications or classes of application for leave under subsection (1AA).
4. Right to appeal judicial decisions
   Any party to any proceedings may appeal to the Court of Appeal against any order or decision of an Associate Judge in those proceedings (other than an order or decision made in chambers).
5. Section 66 shall apply to any appeal under subsection (2).

26Q. Immunity of Associate Judges

26R. Jurisdiction of Judge not affected

27. Appointment of officers

Subpart 1. Registrars

Subpart 2. Sheriffs

Subpart 3. Poundage and fees

Subpart 4. Deputy Sheriffs and Acting Sheriffs

Subpart 5. Commissioners to administer oaths

Subpart 6. Practice and procedure of the court

Subpart 1. Habeas corpus

Subpart 2. Absconding debtors

Subpart 3. Foreign creditors

Subpart 4. Witnesses

Subpart 5. Contempt of court

Subpart 6. Immigration matters

57. Constitution of Court of Appeal

1. Structure of the courts
   There shall continue to be in and for New Zealand a court of record called, as heretofore, the Court of Appeal of New Zealand:

   provided and it is hereby declared that the Court of Appeal heretofore and now held and henceforth to be held is and shall be deemed and taken to be the same court.

2. Subject to this Part, the Court of Appeal comprises—
   1. Ordinary court selection
      a Judge of the High Court appointed by the Governor-General as a Judge of the Court of Appeal and as President of that court:
   2. Ordinary court selection
      not fewer than 5 nor more than 9 other Judges of the High Court appointed by the Governor-General as Judges of the Court of Appeal.
3. Eligibility for ordinary court judges
   Any Judge may be appointed to be a Judge of the Court of Appeal either at the time of his appointment as a Judge of the High Court or at any time thereafter.
4. Every Judge of the Court of Appeal shall continue to be a Judge of the High Court, and may from time to time sit as or exercise any of the powers of a Judge of the High Court.
5. Every Judge of the Court of Appeal shall hold office as a Judge of that court so long as he holds office as a Judge of the High Court: provided that, with the prior approval of the Governor-General, any Judge of the Court of Appeal may resign his office as a Judge of that court without resigning his office as a Judge of the High Court.
6. The Judges of the Court of Appeal have seniority over all the Judges of the High Court (including any additional Judge of the Court of Appeal) except the Chief Justice and the other Judges of the Supreme Court.
7. The President of the Court of Appeal has seniority over the other Judges of the Court of Appeal.
8. Other Judges of the Court of Appeal appointed on different dates have seniority among themselves according to those dates.
9. Other Judges of the Court of Appeal appointed on the same date have seniority among themselves according to their seniority as Judges of the High Court.
10. A Judge of the Court of Appeal who resigns office as a Judge of that court without resigning office as a Judge of the High Court then has, as a Judge of the High Court, the seniority that he or she would have had if he or she had not been appointed as a Judge of the Court of Appeal.
11. While any vacancy exists in the office of President of the Court of Appeal, or during any absence from New Zealand of the President, or while by reason of illness or any other cause he is prevented from exercising the duties of his office, the senior Judge of the Court of Appeal shall have authority to act as President of the Court of Appeal and to execute the duties of that office and to exercise all powers that may be lawfully exercised by the President.
12. The jurisdiction of the Court of Appeal shall not be affected by any vacancy in the number of the Judges of that court.

57A. Judges of Court of Appeal act on full-time basis but may be authorised to act part-time

1. A person acts as a Judge of the Court of Appeal on a full-time basis unless he or she is authorised by the Attorney-General to act on a part-time basis.
2. The Attorney-General may, in accordance with subsection (4), authorise a Judge to act on a part-time basis for any specified period.
3. To avoid doubt, an authorisation under subsection (2) may take effect as from a Judge’s appointment or at any other time, and may be made more than once in respect of the same Judge.
4. The Attorney-General may authorise a Judge to act on a parttime basis only—
   1. on the request of the Judge; and
   2. with the concurrence of the President of the Court of Appeal.
5. In considering whether to concur under subsection (4), the President of the Court of Appeal must have regard to the ability of the court to discharge its obligations in an orderly and expeditious way.
6. A Judge who is authorised to act on a part-time basis must resume acting on a full-time basis at the end of the authorised part-time period.
7. The basis on which a Judge acts must not be altered during the term of the Judge’s appointment without the Judge’s consent, but consent under this subsection is not necessary if the alteration is required by subsection (6).
8. This section applies only to Judges who are appointed as Judges of the Court of Appeal.

58. Court of Appeal to sit in divisions

1. Except as provided in sections 58D and 61A, for the purposes of any proceedings in the Court of Appeal, the court sits in divisions comprising 3 Judges.
2. [Repealed]
3. Structure of the courts
   There are—
   1. 1 or more divisions of the Court of Appeal for the purposes of criminal proceedings; and
   2. 1 or more divisions of the Court of Appeal for the purposes of civil proceedings.
4. Each division of the Court of Appeal may exercise all the powers of the Court of Appeal.
5. A division of the court may exercise any powers of the court even though 1 or more divisions of the court or a full court is exercising any powers of the court at the same time.
6. If the majority of the members of a division of the court considers it desirable to do so, the division may—
   1. refer any proceeding; or
   2. state any case; or
   3. reserve any question— for the consideration of a full court of the Court of Appeal, and in that case a full court has the power to hear and determine the proceeding, case, or question.

58A. Composition of criminal appeals division or divisions

1. For the purposes of any criminal proceeding that is heard by a division, the Court of Appeal comprises—
   1. 3 Judges of the Court of Appeal holding office under section 57(2); or
   2. 2 Judges of the Court of Appeal holding office under section 57(2) and 1 Judge of the High Court nominated by the Chief Justice under subsection (2); or
   3. 1 Judge of the Court of Appeal holding office under section 57(2) and 2 Judges of the High Court nominated by the Chief Justice under subsection (2).
2. Except where the work of the High Court renders it impracticable for the Chief Justice to do so, the Chief Justice must from time to time, after consulting the President of the Court of Appeal and the Chief High Court Judge, nominate the Judges of the High Court who may comprise members of the Court of Appeal for the purposes of any proceeding or proceedings to which subsection (1) relates.
3. Every nomination under subsection (2) must be made either—
   1. in respect of a specified case or specified cases; or
   2. in respect of every case to be heard by the Court of Appeal during a specified period not exceeding 3 months.
4. For the purposes of this section, criminal proceeding means an appeal or application to the Court of Appeal under Part 6 of the Criminal Procedure Act 2011.

58B. Composition of civil appeals division or divisions

1. For the purposes of any civil proceeding that is heard by a division of the court, the Court of Appeal comprises—
   1. 3 Judges of the Court of Appeal holding office under section 57(2); or
   2. 2 Judges of the Court of Appeal holding office under section 57(2) and 1 Judge of the High Court nominated by the Chief Justice under subsection (2); or
   3. 1 Judge of the Court of Appeal holding office under section 57(2) and 2 Judges of the High Court nominated by the Chief Justice under subsection (2).
2. Except where the work of the High Court renders it impracticable for the Chief Justice to do so, the Chief Justice must from time to time, after consulting the President of the Court of Appeal and the Chief High Court Judge, nominate the Judges of the High Court who may comprise members of the Court of Appeal for the purposes of any proceeding or proceedings to which subsection (1) relates.
3. Every nomination under subsection (2) must be made either—
   1. in respect of a specified case or specified cases; or
   2. in respect of every case to be heard by the Court of Appeal during a specified period not exceeding 3 months.
4. For the purposes of this section, the term civil proceeding means—
   1. any appeal to the Court of Appeal against any judgment or order given or made in a proceeding other than a criminal proceeding:
   2. any application relating to an appeal of the kind mentioned in paragraph (a):
   3. any application for leave to bring an appeal of the kind mentioned in paragraph (a):
   4. any proceeding transferred to the Court of Appeal under section 64.

58C. Assignment of Judges to divisions

1. Judges are assigned to act as members of a criminal or civil division of the Court of Appeal in accordance with a procedure adopted from time to time by Judges of the Court of Appeal holding office under section 57(2).
2. The President of the Court of Appeal must publish in the Gazette any procedure adopted under subsection (1).
3. A Judge of the High Court who is eligible to act as a Judge of a division of the Court of Appeal because of a nomination made under section 58A(2) or section 58B(2) may not be assigned to a division without the concurrence of the Chief Justice and the Chief High Court Judge.

58D. Court of Appeal to sit as full court in certain cases

1. Subject to subsection (3), a full court consists of 5 Judges.
2. Subject to section 58F, a full court is constituted only by Judges of the Court of Appeal holding office under section 57(2).
3. Where, pending the determination of any proceeding, 1 or more of the members of a full court before whom the proceeding is being heard or was heard—
   1. dies; or
   2. becomes seriously ill; or
   3. is otherwise unavailable for any reason,— it is not necessary for that proceeding to be reheard, and the remaining members may continue to act as a full court for the purposes of this section with power to determine the proceeding or any incidental matter (including the question of costs) that may arise in the course of that proceeding.
4. The Court of Appeal must sit as a full court to hear and determine—
   1. cases that are considered, in accordance with the procedure adopted under section 58E, to be of sufficient significance to warrant the consideration of a full court:
   2. any proceeding, case, or question referred under section 58(6) for hearing and determination by a full court:
   3. any appeal from a decision of the Court Martial Appeal Court under section 10 of the Court Martial Appeals Act 1953.

58E. Cases of sufficient significance for full court

1. The question whether a case is of sufficient significance to warrant the consideration of a full court must be determined in accordance with the procedure which those Judges of the Court of Appeal holding office under section 57(2) from time to time adopt.
2. The President of the Court of Appeal must publish in the Gazette any procedure adopted by the Judges of the Court of Appeal under subsection (1).

58F. High Court Judges sitting on full court

1. Whenever the President of the Court of Appeal certifies in writing that due to—
   1. the illness or absence on leave of any of the Judges holding office under section 57(2); or
   2. the need for the expertise of a specific Judge of the High Court in a particular case; or
   3. any other exceptional circumstances,—

   it is necessary for a specified Judge who has been assigned to a division of the court under section 58C to sit as a member of the full court, that Judge may sit as a member of the full court.

2. No more than 1 Judge of the High Court may sit as a member of the full court at any one time.

58G. Authority of High Court Judges

1. The fact that a Judge of the High Court acts as a Judge of the Court of Appeal is conclusive evidence of the Judge’s authority to do so, and no judgment or determination given or made by the Court of Appeal while the Judge so acts may be questioned on the ground that the occasion for the Judge so acting had not arisen or had ceased to exist.
2. A Judge of the High Court who has acted as a Judge of the Court of Appeal may attend sittings of the Court of Appeal for the purpose of giving any judgment or passing sentence in or otherwise completing any proceeding in relation to any case that has been heard by the Judge while he or she so acted.

59. Judgment of Court of Appeal

1. The judgment of the court must be in accordance with the opinion of a majority of the Judges hearing the proceeding concerned.
2. If the Judges present are equally divided in opinion, the judgment or order appealed from or under review is taken to be affirmed.
3. The delivery of the judgment of the Court of Appeal may be effected in any manner provided by rules made under section 51C.

60. Sittings of Court of Appeal

1. The Court of Appeal may from time to time appoint ordinary or special sittings of the court, and may from time to time make rules, not inconsistent with the rules of practice and procedure of the Court of Appeal for the time being in force under this Act or with the laws of New Zealand, in respect of the places and times for holding sittings of the court, the order of disposing of business, and any other necessary matters.
2. If present at a sitting of the Court of Appeal, the President presides.
3. If the President of the Court of Appeal is absent from a sitting of the court, the senior Judge of the court present presides.
4. The court has power from time to time to adjourn any sitting until such time and to such place as it thinks fit.

60A. Court of Appeal may sit in divisions

61. Adjournment in cases of absence of some of the Judges

61A. Incidental orders and directions may be made and given by 1 Judge

1. In any civil appeal or in any civil proceeding before the Court of Appeal, any Judge of that court, sitting in chambers, may make such incidental orders and give such incidental directions as he thinks fit, not being an order or a direction that determines the appeal or disposes of any question or issue that is before the court in the appeal or proceeding.
2. Every order or direction made or given by a Judge of the Court of Appeal under subsection (1) may be discharged or varied by any Judges of that court who together have jurisdiction, in accordance with section 58A or section 58B or section 58D, as the case may be, to hear and determine the proceeding.
3. Any Judge of the Court of Appeal may review a decision of the Registrar made within the civil jurisdiction of the court under a power conferred on the Registrar by any rule of court, and may confirm, modify, or revoke that decision as he thinks fit.
4. The provisions of this section shall apply notwithstanding anything in section 58.
5. This section shall have effect from a date to be appointed by the Governor-General by Order in Council.

62. Power to remit proceedings to the High Court

63. Judgments of Court of Appeal may be enforced by the High Court

Subpart 1. Removal of proceedings from the High Court

Subpart 2. Appeals from decisions of the High Court

Subpart 3. Appeals from inferior courts

Subpart 1. Trial at bar

Subpart 2. Appeals from convictions

71. Rules of practice

72. Appointment of officers

73. Powers and duties of officers

74. Court seal

75. Power to fix fees

76. Power to courts to amend mistakes and supply omissions in warrants, orders, etc

77. Limitation of actions for merchants’ accounts

78. Limitation not barred by claims subsequently arising

79. Absence beyond seas or imprisonment of a creditor not to be a disability

80. Period of limitation to run as to joint debtors in New Zealand, though some are beyond seas

81. Judgment recovered against joint debtors in New Zealand to be no bar to proceeding against others beyond seas after their return

82. Part payment by one contractor, etc, not to prevent bar in favour of another contractor, etc

83. Consideration for guarantee need not appear by writing

84. A surety who discharges the liability to be entitled to assignment of all securities held by the creditor

85. Rights of surety in such case

1. Every such person shall be entitled to stand in the place of the creditor, and to use all the remedies, and if need be, and upon a proper indemnity, to use the name of the creditor in any civil proceedings in order to obtain from the principal debtor or any co-surety, co-contractor, or co-debtor, as the case may be, indemnification for the advances made and loss sustained by the person paying or satisfying such debt or performing such duty.
2. Such payment, satisfaction, or performance made by such surety shall not be pleadable in bar of any such action or other proceeding by him.

86. Rights of co-sureties, etc, as between themselves

87. Interest on debts and damages

1. In any proceedings in the High Court, the Court of Appeal, or the Supreme Court for the recovery of any debt or damages, the court may, if it thinks fit, order that there shall be included in the sum for which judgment is given interest at such rate, not exceeding the prescribed rate, as it thinks fit on the whole or any part of the debt or damages for the whole or any part of the period between the date when the cause of action arose and the date of the judgment:

   provided that nothing in this subsection shall—

   1. authorise the giving of interest upon interest; or
   2. apply in relation to any debt upon which interest is payable as of right, whether by virtue of any agreement, enactment, or rule of law, or otherwise; or
   3. affect the damages recoverable for the dishonour of a bill of exchange.
2. In any proceedings in the High Court, the Court of Appeal, or the Supreme Court for the recovery of any debt upon which interest is payable as of right, and in respect of which the rate of interest is not agreed upon, prescribed, or ascertained under any agreement, enactment, or rule of law or otherwise, there shall be included in the sum for which judgment is given interest at such rate, not exceeding the prescribed rate, as the court thinks fit for the period between the date as from which the interest became payable and the date of the judgment.
3. In this section the term the prescribed rate means the rate of 7.5% per annum, or such other rate as may from time to time be prescribed for the purposes of this section by the Governor-General by Order in Council.

88. Actions on lost instruments

88A. Judicial officers to continue in office to complete proceedings

1. A judicial officer whose term of office has expired or who has retired may continue in office for the purpose of determining, or giving judgment in, proceedings that the judicial officer has heard either alone or with others.
2. A judicial officer must not continue in office under subsection (1) for longer than a month without the consent of the Minister of Justice.
3. The fact that a judicial officer continues in office does not affect the power to appoint another person to that office.
4. A judicial officer who continues in office is entitled to be paid the remuneration and allowances to which the officer would have been entitled if the term of office had not expired or the officer had not retired.
5. In this section, judicial officer means a person who has in New Zealand authority under an enactment to hear, receive, and examine evidence.

88B. Restriction on institution of vexatious actions

1. If, on an application made by the Attorney-General under this section, the High Court is satisfied that any person has persistently and without any reasonable ground instituted vexatious legal proceedings, whether in the High Court or in any inferior court, and whether against the same person or against different persons, the court may, after hearing that person or giving him an opportunity of being heard, order that no civil proceeding or no civil proceeding against any particular person or persons shall without the leave of the High Court or a Judge thereof be instituted by him in any court and that any civil proceeding instituted by him in any court before the making of the order shall not be continued by him without such leave.
2. Leave may be granted subject to such conditions (if any) as the court or Judge thinks fit and shall not be granted unless the court or Judge is satisfied that the proceeding is not an abuse of the process of the court and that there is prima facie ground for the proceeding.
3. No appeal shall lie from an order granting or refusing such leave.

89. Administration suits

90. Stipulations not of the essence of contracts

91. Damages by collision at sea

92. Discharge of debt by acceptance of part in satisfaction

93. Provisions of 9 Geo IV, c 14, ss 1 and 8, extended to acknowledgments by agents

94. Judgment against one of several persons jointly liable not a bar to action against others

94A. Recovery of payments made under mistake of law

1. Subject to the provisions of this section, where relief in respect of any payment that has been made under mistake is sought in any court, whether in civil proceedings or by way of defence, set off, counterclaim, or otherwise, and that relief could be granted if the mistake was wholly one of fact, that relief shall not be denied by reason only that the mistake is one of law whether or not it is in any degree also one of fact.
2. Nothing in this section shall enable relief to be given in respect of any payment made at a time when the law requires or allows, or is commonly understood to require or allow, the payment to be made or enforced, by reason only that the law is subsequently changed or shown not to have been as it was commonly understood to be at the time of the payment.

94B. Payments made under mistake of law or fact not always recoverable

95. Limitation of time within which wills may be impeached

96. Jurisdiction as to costs in administration suits

97. Court empowered to grant special relief in cases of encroachment

98. Custody and education of infants

98A. Proceedings in lieu of writs

1. Where, immediately before the commencement of the Judicature Amendment Act (No 2) 1985,—
   1. the court had jurisdiction to grant any relief or remedy or do any other thing by way of writ, whether of prohibition, mandamus, certiorari, or any other description; or
   2. in any proceedings in the court for any relief or remedy any writ might have issued out of the court for the purpose of the commencement or conduct of the proceedings, or otherwise in relation to the proceedings, whether the writ might have issued pursuant to any rule or order of the court or of course,—

   then, after the commencement of that Act,—

   1. the court shall continue to have jurisdiction to grant that relief or remedy or to do that thing; but
   2. the court shall not issue any such writ; and
   3. the court shall grant that relief or remedy or do that thing by way of judgment or order under this Act and the High Court Rules; and
   4. proceedings for that relief or remedy or for the doing of that thing shall be in accordance with this Act and the High Court Rules.
2. Subject to the High Court Rules, this section does not apply to—
   1. the writ of habeas corpus; or
   2. any writ of execution for the enforcement of a judgment or order of the court; or
   3. any writ in aid of any such writ of execution.

99. In cases of conflict rules of equity to prevail

99A. Costs where intervener or counsel assisting court appears

1. Where the Attorney-General or the Solicitor-General or any other person appears in any civil proceedings or in any proceedings on any appeal and argues any question of law or of fact arising in the proceedings, the court may, subject to the provisions of any other Act, make such order as it thinks just—
   1. as to the payment by any party to the proceedings of the costs incurred by the Attorney-General or the Solicitor-General in so doing; or
   2. as to the payment by any party to the proceedings or out of public funds of the costs incurred by any other person in so doing; or
   3. as to the payment by the Attorney-General or the Solicitor-General or that other person of any costs incurred by any of those parties by reason of his so doing.
2. Where the court makes an order pursuant to subsection (1)(b), the Registrar of the court shall forward a copy of the order to the chief executive of the Ministry of Justice who shall make the payment out of money appropriated by Parliament for the purpose.

99B. Technical advisers

1. The Court of Appeal or the Supreme Court may appoint a suitably qualified person (a technical adviser) to assist it by giving advice in an appeal in a proceeding involving a question arising from evidence relating to scientific, technical, or economic matters, or from other expert evidence, if the court is of the opinion that, in considering the evidence, it is desirable to have expert assistance.
2. The technical adviser must give the advice in such manner as the court may direct during the course of the proceeding on any question referred to the technical adviser.
3. Advice given by a technical adviser—
   1. is information provided to the court; and
   2. may be given such weight as the court thinks fit.
4. [Repealed]

99C. Appointment and other matters

1. A technical adviser may be appointed by the Court of Appeal on its own initiative or on the application of a party to the proceeding.
2. A technical adviser may be removed from office by the Court of Appeal for disability affecting performance of duty, neglect of duty, bankruptcy, or misconduct proved to the satisfaction of the court.
3. A technical adviser may resign office by notice in writing to the Court of Appeal.
4. The remuneration of a technical adviser must—
   1. be fixed by the Court of Appeal; and
   2. include a daily fee for any day on which the technical adviser is required to assist the court.
5. Civil or criminal proceedings may not be commenced against a technical adviser in relation to advice given to the Court of Appeal in good faith under section 99B.

99D. Procedure and rules relating to technical advisers

1. The Court of Appeal may adopt any procedures and practices in relation to the advice of a technical adviser as it considers just, but those procedures and practices are subject to any rules referred to in subsection (2).
2. Head of state powers, Advisory bodies to the head of state
   Rules may be made under section 51C relating to—
   1. the appointment of technical advisers, including (without limitation)—
      1. the information to be given to the parties to an appeal, before a technical adviser is appointed for the appeal,—
         1. about the persons who are considered suitable for appointment; and
         2. about the matters on which the assistance of the proposed technical adviser is to be sought:
      2. the submissions that those parties may make to the Court of Appeal about the proposed appoint- ment of a technical adviser and the assistance to be given by the technical adviser:
   2. the conduct of proceedings involving technical advisers.

100. Independent medical examination

1. Where the physical or mental condition of a person who is a party to any civil proceedings is relevant to any matter in question in those proceedings, the High Court may order that that person submit himself to examination at a time and place specified in the order by 1 or more medical practitioners named in the order.
2. A person required by an order under subsection (1) to submit to examination may have a medical practitioner chosen by that person attend that person’s examination.
3. The court may order that the party seeking the order pay to the person to be examined a reasonable sum to meet that person’s travelling and other expenses of and incidental to the examination, including the expenses of having a medical practitioner chosen by that person attend that person’s examination.
4. Where an order is made under subsection (1), the person required by that order to submit to examination shall do all things reasonably requested, and answer all questions reasonably asked of that person, by the medical practitioner for the purposes of the examination.
5. If a person ordered under subsection (1) to submit to examination fails, without reasonable excuse, to comply with the order, or in any way obstructs the examination, the court may, on terms, stay the proceedings or strike out the pleading of that person.
6. This section applies to the Crown and every department of the public service.
7. Nothing in this section affects the provisions of the Workers’ Compensation Act 1956.

100A. Regulations

1. Advisory bodies to the head of state, Head of state powers
   Notwithstanding anything in sections 51 and 51C, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
   1. prescribing the matters in respect of which fees are payable under this Act:
   2. prescribing scales of fees for the purposes of this Act and for the purposes of any proceedings before the High Court or the Court of Appeal, whether under this Act or any other enactment:
   3. prescribing the fees, travelling allowances, and expenses payable to interpreters and to persons giving evidence in proceedings to which this Act applies:
   4. in order to promote access to justice, empowering Registrars or Deputy Registrars of the High Court and the Court of Appeal to waive, reduce, or postpone the payment of a fee required in connection with a proceeding or an intended proceeding, or to refund, in whole or in part, such a fee that has already been paid, if satisfied on the basis of criteria specified under paragraph (da) that—
      1. the person otherwise responsible for payment of the fee is unable to pay or absorb the fee in whole or in part; or
      2. unless 1 or more of those powers are exercised in respect of a proceeding that concerns a matter of genuine public interest, the proceeding is unlikely to be commenced or continued:
   5. prescribing, for the purposes of the exercise of a power under paragraph (d), the criteria—
      1. for assessing a person’s ability to pay a fee; and
      2. for identifying proceedings that concern matters of genuine public interest:
   6. empowering Registrars or Deputy Registrars of the High Court and the Court of Appeal to postpone the payment of a fee pending the determination of—
      1. an application for the exercise of a power specified in paragraph (d); or
      2. an application for review under section 100B:
   7. making provision in relation to the postponement, under the regulations, of the payment of any fee, which provision may (without limitation) include provision—
      1. for the recovery of the fee after the expiry of the period of postponement; and
      2. for restrictions to apply (after the expiry of the period of postponement and so long as the fee remains unpaid) on the steps that may be taken in the proceedings in respect of which the fee is payable:
   8. providing for the manner in which an application for the exercise of a power specified in paragraph (d) or paragraph (db) is to be made, including, without limitation, requiring such an application to be in a form approved for the purpose by the chief executive of the Ministry of Justice:
   9. altering or revoking any rules relating to fees contained in the High Court Rules or the Court of Appeal Rules or any other rules of court.
2. No fee is payable for an application for the exercise of a power specified in subsection (1)(d) or (db).

100B. Reviews of decisions of Registrars concerning fees

1. Right to appeal judicial decisions
   Any person who is aggrieved by any decision of a Registrar or Deputy Registrar under regulations made under section 100A(d) may apply for a review,—
   1. in the case of a decision by the Registrar or a Deputy Registrar of the Court of Appeal, to a Judge of that court:
   2. in the case of a decision by a Registrar or Deputy Registrar of the High Court, to a Judge or an Associate Judge of that court.
2. An application under subsection (1) may be made within 20 working days after the date on which the applicant is notified of the decision of the Registrar or Deputy Registrar, or within any further time that the Judge or Associate Judge allows on application made for that purpose either before or after the expiration of those 20 working days.
3. Applications under this section may be made on an informal basis.
4. Reviews under this section are—
   1. conducted by way of rehearing of the matter in respect of which the Registrar or Deputy Registrar made the decision; and
   2. dealt with on the papers, unless the Judge or Associate Judge directs otherwise.
5. On dealing with an application for a review of a decision of a Registrar or Deputy Registrar, the Judge or Associate Judge may confirm, modify, or reverse the decision of the Registrar or the Deputy Registrar.
6. No fee is payable for an application under this section.

101. Words imputing unchastity to women actionable without special damage

2. Relation to Part 1 of principal Act and commencement of this Part

1. This Part shall be deemed part of Part 1 of the principal Act.
2. This Part shall come into force on 1 January 1973.

3. Interpretation

3A. Jurisdiction of Employment Court

4. Application for review

1. On an application which may be called an application for review, the High Court may, notwithstanding any right of appeal possessed by the applicant in relation to the subject matter of the application, by order grant, in relation to the exercise, refusal to exercise, or proposed or purported exercise by any person of a statutory power, any relief that the applicant would be entitled to, in any 1 or more of the proceedings for a writ or order of or in the nature of mandamus, prohibition, or certiorari or for a declaration or injunction, against that person in any such proceedings.
2. Where on an application for review the applicant is entitled to an order declaring that a decision made in the exercise of a statutory power of decision is unauthorised or otherwise invalid, the court may, instead of making such a declaration, set aside the decision.
3. Notwithstanding any rule of law to the contrary, it shall not be a bar to the grant of relief in proceedings for a writ or an order of or in the nature of certiorari or prohibition, or to the grant of relief on an application for review, that the person who has exercised, or is proposing to exercise, a statutory power was not under a duty to act judicially; but this subsection shall not be construed to enlarge or modify the grounds on which the court may treat an applicant as being entitled to an order of or in the nature of certiorari or prohibition under the foregoing provisions of this section.
4. Where in any of the proceedings referred to in subsection (1) the court had, before the commencement of this Part, a discretion to refuse to grant relief on any grounds, it shall have the like discretion, on like grounds, to refuse to grant any relief on an application for review.
5. Subsection (3) shall not apply to the discretion of the court, before the commencement of this Part, to refuse to grant relief in any of the said proceedings on the ground that the relief should have been sought in any other of the said proceedings.
6. Without limiting the generality of the foregoing provisions of this section, on an application for review in relation to the exercise, refusal to exercise, or purported exercise of a statutory power of decision the court if it is satisfied that the applicant is entitled to relief under subsection (1), may, in addition to or instead of granting any other relief under the foregoing provisions of this section, direct any person whose act or omission is the subject matter of the application to reconsider and determine, either generally or in respect of any specified matters, the whole or any part of any matter to which the application relates. In giving any such direction the court shall—
   1. advise the person of its reasons for so doing; and
   2. give to him such directions as it thinks just as to the reconsideration or otherwise of the whole or any part of the matter that is referred back for reconsideration.
7. If the court gives a direction under subsection (5) it may make any order that it could make by way of interim order under section 8, and that section shall apply accordingly, so far as it is applicable and with all necessary modifications.
8. Where any matter is referred back to any person under subsection (5), that person shall have jurisdiction to reconsider and determine the matter in accordance with the court’s direction notwithstanding anything in any other enactment.
9. Where any matter is referred back to any person under subsection (5), the act or omission that is to be reconsidered shall, subject to any interim order made by the court under subsection (5A), continue to have effect according to its tenor unless and until it is revoked or amended by that person.
10. In reconsidering any matter referred back to him under subsection (5) the person to whom it is so referred shall have regard to the court’s reasons for giving the direction and to the court’s directions.

5. Defects in form, or technical irregularities

6. Disposal of proceedings for mandamus, prohibition, or certiorari

7. Disposal of proceedings for declaration or injunction

8. Interim orders

1. Subject to subsection (2), at any time before the final determination of an application for review, and on the application of any party, the court may, if in its opinion it is necessary to do so for the purpose of preserving the position of the applicant, make an interim order for all or any of the following purposes:
   1. prohibiting any respondent to the application for review from taking any further action that is or would be consequential on the exercise of the statutory power:
   2. prohibiting or staying any proceedings, civil or criminal, in connection with any matter to which the application for review relates:
   3. declaring any licence that has been revoked or suspended in the exercise of the statutory power, or that will expire by effluxion of time before the final determination of the application for review, to continue and, where necessary, to be deemed to have continued in force.
2. Where the Crown is the respondent (or one of the respondents) to the application for review the court shall not have power to make any order against the Crown under paragraph (a) or paragraph (b); but, instead, in any such case the court may, by interim order,—
   1. declare that the Crown ought not to take any further action that is or would be consequential on the exercise of the statutory power:
   2. declare that the Crown ought not to institute or continue with any proceedings, civil or criminal, in connection with any matter to which the application for review relates.
3. Any order under subsection (1) or subsection (2) may be made subject to such terms and conditions as the court thinks fit, and may be expressed to continue in force until the application for review is finally determined or until such other date, or the happening of such other event, as the court may specify.

9. Procedure

1. Ultra-vires administrative actions, Constitutionality of legislation
   An application for review shall be made by motion accompanied by a statement of claim.
2. Ultra-vires administrative actions, Constitutionality of legislation
   The statement of claim shall—
   1. state the facts on which the applicant bases his claim to relief:
   2. state the grounds on which the applicant seeks relief:
   3. state the relief sought.
3. It shall not be necessary for the statement of claim to specify the proceedings referred to in section 4(1) in which the claim would have been made before the commencement of this Part.
4. The person whose act or omission is the subject matter of the application for review, and, subject to any direction given by a Judge under section 10, every party to the proceedings (if any) in which any decision to which the application relates was made, shall be cited as a respondent.
5. For the purposes of subsection (4), where the act or omission is that of a Judge, Registrar, or presiding officer of any court or tribunal,—
   1. that court or tribunal, and not that Judge, Registrar, or presiding officer, shall be cited as a respondent; but
   2. that Judge, Registrar, or presiding officer may file, on behalf of that court or tribunal, a statement of defence to the statement of claim.
6. For the purposes of subsection (4), where the act or omission is that of any 2 or more persons acting together under a collective title, they shall be cited by their collective title.
7. Subject to any direction given by a Judge under section 10, every respondent to the application for review shall file a statement of his defence to the statement of claim.
8. Subject to this Part, the procedure in respect of any application for review shall be in accordance with rules of court.

10. Powers of Judge to call conference and give directions

1. For the purpose of ensuring that any application or intended application for review may be determined in a convenient and expeditious manner, and that all matters in dispute may be effectively and completely determined, a Judge may at any time, either on the application of any party or intended party or without any such application, and on such terms as he thinks fit, direct the holding of a conference of parties or intended parties or their counsel presided over by a Judge.
2. At any such conference the Judge presiding may—
   1. settle the issues to be determined:
   2. direct what persons shall be cited, or need not be cited, as respondents to the application for review, or direct that the name of any party be added or struck out:
   3. direct what parties shall be served:
   4. direct by whom and within what time any statement of defence shall be filed:
   5. require any party to make admissions in respect of questions of fact; and, if that party refuses to make an admission in respect of any such question, that party shall be liable to bear the costs of proving that question, unless the Judge by whom the application for review is finally determined is satisfied that the party’s refusal was reasonable in all the circumstances, and accordingly orders otherwise in respect of those costs:
   6. fix a time by which any affidavits or other documents shall be filed:
   7. fix a time and place for the hearing of the application for review:
   8. require further or better particulars of any facts, or of the grounds for relief, or of the relief sought, or of the grounds of defence, or of any other circumstances connected with the application for review:
   9. require any party to make discovery of documents, or permit any party to administer interrogatories:
   10. in the case of an application for review of a decision made in the exercise of a statutory power of decision, determine whether the whole or any part of the record of the proceedings in which the decision was made should be filed in court, and give such directions as he thinks fit as to its filing:
   11. exercise any powers of direction or appointment vested in the court or a Judge by its rules of court in respect of originating applications:
   12. give such consequential directions as may be necessary.
3. Notwithstanding any of the foregoing provisions of this section, a Judge may, at any time before the hearing of an application for review has been commenced, exercise any of the powers specified in subsection (2) without holding a conference under subsection (1).

11. Appeals

13. This Part to bind the Crown

14. Application of Crown Proceedings Act 1950

1. Amendment(s) incorporated in the Act(s).
2. In its application to the Crown, this Part shall be read subject to the Crown Proceedings Act 1950, as amended by subsection (1).

16. References in enactments

20. Sheriffs and Deputy Sheriffs

1. Amendment(s) incorporated in the Act(s).
2. Every person who at the commencement of this section holds office as Deputy Sheriff shall continue to hold that office as if he had been appointed pursuant to section 29 of the principal Act (as substituted by this section).
3. This section shall come into force on a date to be appointed for the commencement thereof by the Governor-General by Order in Council.

Article the First

Article the Second

Article the Third

10. House of Representatives

1. Structure of legislative chamber(s)
   There shall continue to be a House of Representatives for New Zealand.
2. The House of Representatives is the same body as the House of Representatives referred to in section 32 of the New Zealand Constitution Act 1852 of the Parliament of the United Kingdom.
3. The House of Representatives shall be regarded as always in existence, notwithstanding that Parliament has been dissolved or has expired.
4. First chamber selection
   The House of Representatives shall have as its members those persons who are elected from time to time in accordance with the provisions of the Electoral Act 1993, and who shall be known as members of Parliament.

11. Oath of allegiance to be taken by members of Parliament

1. A member of Parliament shall not be permitted to sit or vote in the House of Representatives until that member has taken the Oath of Allegiance in the form prescribed in section 17 of the Oaths and Declarations Act 1957.
2. The oath to be taken under this section shall be administered by the Governor-General or a person authorised by the Governor-General to administer that oath.

12. Election of Speaker

13. Speaker to continue in office notwithstanding dissolution or expiration of Parliament

14. Parliament

1. Structure of legislative chamber(s)
   There shall be a Parliament of New Zealand, which shall consist of the Sovereign in right of New Zealand and the House of Representatives.
2. The Parliament of New Zealand is the same body as that which before the commencement of this Act was called the General Assembly (as established by section 32 of the New Zealand Constitution Act 1852 of the Parliament of the United Kingdom) and which consisted of the Governor-General and the House of Representatives.

15. Power of Parliament to make laws

1. Initiation of general legislation
   The Parliament of New Zealand continues to have full power to make laws.
2. No Act of the Parliament of the United Kingdom passed after the commencement of this Act shall extend to New Zealand as part of its law.

16. Royal assent to Bills

17. Term of Parliament

1. Term length for first chamber
   The term of Parliament shall, unless Parliament is sooner dissolved, be 3 years from the day fixed for the return of the writs issued for the last preceding general election of members of the House of Representatives, and no longer.
2. Section 268 of the Electoral Act 1993 shall apply in respect of subsection (1).

18. Summoning, proroguing, and dissolution of Parliament

1. Head of state powers, Extraordinary legislative sessions
   The Governor-General may by Proclamation summon Parliament to meet at such place and time as may be appointed therein, notwithstanding that when the Proclamation is signed or when it takes effect Parliament stands prorogued to a particular date.
2. The Governor-General may, by Proclamation, change the place of meeting of Parliament set out in the Proclamation summoning Parliament if that place is unsafe or uninhabitable.
3. Dismissal of the legislature, Head of state powers
   The Governor-General may by Proclamation prorogue or dissolve Parliament.
4. Dismissal of the legislature
   A Proclamation summoning, proroguing, or dissolving Parliament shall be effective—
   1. on being gazetted; or
   2. on being publicly read, by some person authorised to do so by the Governor-General, in the presence of the Clerk of the House of Representatives and 2 other persons,

   — whichever occurs first.

5. Every Proclamation that takes effect pursuant to subsection (3)(b) shall be gazetted as soon as practicable after it is publicly read.

19. First meeting of Parliament after general election

20. Lapse or reinstatement of parliamentary business

1. Legislative committees
   Any Bill, petition, or other business before the House of Representatives or any of its committees during a session of a Parliament (any parliamentary business)—
   1. does not lapse on the prorogation of that Parliament and may be resumed in the next session of Parliament (a session of that Parliament):
   2. lapses on the dissolution or expiration of that Parliament, but may be reinstated in the next session of Parliament (a session of the next Parliament).
2. Parliamentary business is reinstated in that next session if, after that dissolution or expiration, the House of Representatives resolves that the parliamentary business be reinstated in that next session.

21. Bills appropriating public money

22. Parliamentary control of public finance

8. Right not to be deprived of life

9. Right not to be subjected to torture or cruel treatment

10. Right not to be subjected to medical or scientific experimentation

11. Right to refuse to undergo medical treatment

12. Electoral rights

13. Freedom of thought, conscience, and religion

14. Freedom of expression

15. Manifestation of religion and belief

16. Freedom of peaceful assembly

17. Freedom of association

18. Freedom of movement

1. Everyone lawfully in New Zealand has the right to freedom of movement and residence in New Zealand.
2. Every New Zealand citizen has the right to enter New Zealand.
3. Everyone has the right to leave New Zealand.
4. No one who is not a New Zealand citizen and who is lawfully in New Zealand shall be required to leave New Zealand except under a decision taken on grounds prescribed by law.

19. Freedom from discrimination

1. Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993.
2. Measures taken in good faith for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination that is unlawful by virtue of Part 2 of the Human Rights Act 1993 do not constitute discrimination.

20. Rights of minorities

21. Unreasonable search and seizure

22. Liberty of the person

23. Rights of persons arrested or detained

1. Everyone who is arrested or who is detained under any enactment-
   1. shall be informed at the time of the arrest or detention of the reason for it; and
   2. Right to counsel
      shall have the right to consult and instruct a lawyer without delay and to be informed of that right; and
   3. Protection from unjustified restraint
      shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus and to be released if the arrest or detention is not lawful.
2. Protection from unjustified restraint
   Everyone who is arrested for an offence has the right to be charged promptly or to be released.
3. Right to speedy trial
   Everyone who is arrested for an offence and is not released shall be brought as soon as possible before a court or competent tribunal.
4. Protection from self-incrimination
   Everyone who is-
   1. arrested; or
   2. detained under any enactment-

   for any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right.

5. Human dignity
   Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.

24. Rights of persons charged

25. Minimum standards of criminal procedure

26. Retroactive penalties and double jeopardy

1. Protection from ex post facto laws
   No one shall be liable to conviction of any offence on account of any act or omission which did not constitute an offence by such person under the law of New Zealand at the time it occurred.
2. Prohibition of double jeopardy
   No one who has been finally acquitted or convicted of, or pardoned for, an offence shall be tried or punished for it again.

27. Right to justice

1. Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s rights, obligations, or interests protected or recognised by law.
2. Constitutionality of legislation
   Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.
3. Every person has the right to bring civil proceedings against, and to defend civil proceedings brought by, the Crown, and to have those proceedings heard, according to law, in the same way as civil proceedings between individuals.

28. Representation Commission

1. Electoral districts
   In order to provide for the periodical readjustment of the representation of the people of New Zealand in the House of Representatives, there shall be a commission to be known as the Representation Commission.
2. The Commission shall consist of—
   1. the Surveyor-General:
   2. the Government Statistician:
   3. the Chief Electoral Officer:
   4. the Chairperson of the Local Government Commission:
   5. 2 persons (not being public servants directly concerned with the administration of this Act or members of the House of Representatives), who shall be appointed by the Governor-General by Order in Council, on the nomination of the House of Representatives, as members of the Commission, 1 of those members being nominated to represent the Government and 1 to represent the Opposition:
   6. 1 person (not being a public servant directly concerned with the administration of this Act or a member of the House of Representatives), who shall be appointed as a member of the Commission by the Governor-General by Order in Council, on the nomination of the members of the Commission who hold office under paragraph (a) or paragraph (b) or paragraph (c) or paragraph (e), or a majority of them, to be the Chairperson of the Commission.
3. Electoral districts
   For the purposes of determining the boundaries of the Maori electoral districts, the Commission shall consist not only of the members specified in subsection (2) but also of—
   1. the chief executive of Te Puni Kokiri:
   2. 2 persons (not being public servants directly concerned with the administration of this Act or members of the House of Representatives), who shall be appointed by the Governor-General by Order in Council on the nomination of the House of Representatives as members of the Commission, 1 of those members being nominated to represent the Government and 1 to represent the Opposition.
4. Each of the persons appointed under subsection (3)(b) shall be a Maori.
5. Notwithstanding subsection (2)(d), the Chairperson of the Local Government Commission shall not be entitled to vote on any matter before the Commission, and shall not be regarded as a member of the Commission for the purpose of forming part of a quorum pursuant to section 43(1).

29. Term of office

30. Extraordinary vacancies

31. Remuneration and travelling allowances

32. Deputies of appointed members

1. In this section appointed member means a member of the Commission appointed under section 28(2)(e) or section 28(2)(f) or section 28(3)(b).
2. Any appointed member may from time to time, by writing under his or her hand, appoint any person to be the deputy of that appointed member.
3. No person other than a Maori shall be appointed under this section as the deputy of a member of the Commission appointed under section 28(3)(b).
4. The deputy of any appointed member may exercise the powers conferred on that appointed member by this Act during any period when that appointed member is incapacitated by illness, absence from New Zealand, or other sufficient cause from performing the duties of his or her office.
5. The deputy of the appointed member who holds office as the Chairperson of the Commission shall, in addition, have authority to act as Chairperson of the Commission during any period when the Chairperson of the Commission is incapacitated by illness, absence from New Zealand, or other sufficient cause from performing the duties of his or her office.
6. Every deputy appointed under this section shall hold office during the pleasure of the appointed member by which that deputy was appointed.
7. No act done by any deputy appointed under this section in that capacity, and no act done by the Commission while any such deputy is so acting, shall in any proceedings be questioned on the ground that the occasion for so acting had not arisen or had ceased.

33. Deputies of ex officio members

1. Where the Chairperson of the Local Government Commission is unable or likely to be unable to perform his or her duties as a member of the Representation Commission because of illness, absence, or any other reason, and it appears to the Minister of Local Government that the inability to perform the duties is likely to continue for a period of more than 14 days, the Minister of Local Government may appoint a deputy (who shall be another member of the Local Government Commission) to perform all the functions, duties, and powers of the Chairperson of the Local Government Commission in his or her capacity as a member of the Representation Commission.
2. The Deputy Surveyor-General appointed pursuant to section 8 of the Survey Act 1986 shall have and may exercise, subject to the control of the Surveyor-General, all the functions, duties, and powers of the Surveyor-General in his or her capacity as a member of the Commission.
3. Any Deputy Government Statistician appointed pursuant to section 17 of the Statistics Act 1975 shall have and may exercise, subject to the control of the Government Statistician, all the functions, duties, and powers of the Government Statistician in his or her capacity as a member of the Commission.
4. The Deputy Electoral Commissioner appointed under section 4I as the deputy for the Chief Electoral Officer has and may exercise, subject to the control of the Chief Electoral Officer, all the functions, duties, and powers of the Chief Electoral Officer in his or her capacity as a member of the Commission.
5. Where the chief executive who holds office under section 28(3)(a) as a member of the Commission is unable or likely to be unable to perform his or her duties as such a member because of illness, absence, or any other reason, or where there is a vacancy in the position of that chief executive, that chief executive or any acting chief executive acting under section 40(1) of the State Sector Act 1988 may appoint a deputy nominated by the chief executive to perform all the functions, duties, and powers of the chief executive in his or her capacity as a member of the Representation Commission.
6. Every deputy appointed under subsection (1) or subsection (5) shall hold office during the pleasure of the person by which that deputy was appointed.
7. No act done by any deputy to which this section applies and no act done by the Commission while any such deputy is so acting, shall in any proceedings be questioned on the ground that the occasion for so acting had not arisen or had ceased.
8. Nothing in section 41(1) of the State Sector Act 1988 authorises a chief executive or acting chief executive or deputy of a chief executive to delegate to any other person any of the functions, duties, or powers of the chief executive or acting chief executive or deputy of the chief executive in his or her capacity as a member of the Representation Commission.

34. Submissions

35. Division of New Zealand into General electoral districts

1. It shall be the duty of the Commission to divide New Zealand into General electoral districts from time to time in accordance with this section and section 269.
2. The Commission—
   1. shall effect the first division under subsection (1) as soon as practicable after the commencement of this section; and
   2. Census
      shall, in accordance with section 77(5), effect the second division under subsection (1) after the census taken in the year 1996; and
   3. Census
      shall effect such subsequent division under subsection (1) only after each subsequent periodical census and on no other occasion.
3. Subject to section 269, each division effected under subsection (1) shall be effected on the following basis:
   1. the South Island shall be divided into 16 General electoral districts:
   2. the General electoral population of the South Island shall be divided by 16, and the quotient so obtained shall be the quota for the South Island:
   3. the General electoral population of the North Island shall be divided by the quota for the South Island, and the quotient so obtained shall be the number of General electoral districts in the North Island. Where that quotient includes a fraction, the fraction shall be disregarded unless it exceeds a half, in which case the number of such General electoral districts shall be the whole number next above that quotient:
   4. the quota for the North Island shall be ascertained by dividing the General electoral population of that Island by the number of General electoral districts in that Island, as ascertained under paragraph (c):
   5. the extent of each General electoral district in each Island shall be such that, at the time of making the division, the General electoral population of the General electoral district shall, subject to the provisions of paragraphs (f) and (g) and to the provisions of section 36 as to the allowance, be equal to the quota for that Island:
   6. in forming the several General electoral districts, due consideration shall be given to—
      1. the existing boundaries of General electoral districts; and
      2. community of interest; and
      3. facilities of communications; and
      4. topographical features; and
      5. any projected variation in the General electoral population of those districts during their life:
   7. no General electoral district shall be situated partially in the North Island and partially in the South Island.
4. Census
   As soon as possible after each periodical census, the Surveyor-General shall call a meeting of the members of the Commission who hold office under any of the provisions of paragraphs (a) to (e) of section 28(2) for the purpose of nominating a Chairperson of the Commission.
5. Census, Electoral commission
   As soon as possible after each periodical census and each period specified in a notice published under section 77(2), the Electoral Commission shall supply the Government Statistician with the information that the Electoral Commission is required to supply to the Government Statistician under section 77(6).
6. Census
   When the Government Statistician—
   1. has the results of the census; and
   2. has been supplied by the Electoral Commission with the information that the Electoral Commission is required, under section 77(6), to supply to the Government Statistician as soon as practicable after the last day of the period specified in the notice published under section 77(2),—

   the Government Statistician shall thereupon report the results of the census and his or her calculation of the Maori electoral population as at the close of the last day of that period to the Surveyor-General and to the other members of the Commission.

7. Upon receipt of the report of the Government Statistician, the Surveyor-General shall prepare maps showing the distribution of the population and provisional boundaries for the electoral districts, and shall then call a meeting of the Commission.
8. 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.

36. Allowance for adjustment of quota

37. Classification of electoral districts for purposes of pay or allowances

38. Notice of proposed boundaries and classification

1. When the Commission proposes to make a division under section 35 or section 45, it shall publish in the Gazette a notice—
   1. stating places at which the public may inspect, without charge,—
      1. the names, and a description of the boundaries, of the proposed districts; and
      2. any classification of the proposed districts that is required for the purposes of the Remuneration Authority Act 1977; and
      3. a summary, in respect of each proposed district, of the reasons why the boundaries described are being proposed; and
   2. stating the last date on which the Commission will receive written objections to the proposed boundaries or any of them and to the proposed names or any of them and to the proposed classification (if any) (which date shall be not less than 1 month after the date of the publication of the notice in the Gazette).
2. The boundaries fixed by the Commission in respect of the proposed districts shall be defined by the Commission by the use of such words, maps, and graphic means as are sufficient to define those proposed boundaries accurately.
3. The places stated pursuant to subsection (1)(a) shall include the office of each Registrar of Electors.
4. Any failure to comply with subsection (1)(a)(iii) shall not of itself invalidate any decision or proceedings of the Commission.
5. Where any objections are received under subsection (1)(b), the Commission shall publish in the Gazette a notice—
   1. containing a summary of the objections; and
   2. stating a place or places at which the objections are available for public inspection; and
   3. 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).
6. The Commission shall, before coming to a final determination, duly consider any objections lodged under subsection (1)(b) and any counter-objections lodged under subsection (4).

39. Communications to officials

1. When, after the gazetting, pursuant to section 38, of a notice stating places (which shall include the office of each Registrar of Electors) at which the public may inspect, without charge, a description of the boundaries of the proposed districts, the Commission makes a determination relating to the boundaries of any district, the Surveyor-General must communicate the details of that determination to the Electoral Commission and such other entities or persons directly concerned with the administration of this Act as have been specified by the Representation Commission by name or by position or by the functions they perform.
2. Any entity or person to whom information is communicated pursuant to subsection (1) shall use that information only for the purposes of this Act.

40. Report of Commission

1. The Commission shall, in every case within 6 months after the date of the meeting of the Commission called pursuant to section 35(7) or, in the case of the meeting called pursuant to section 269(4), within 8 months after the date of that meeting,—
   1. report to the Governor-General the names and boundaries of the electoral districts fixed by the Commission; and
   2. publish in the Gazette a notice—
      1. stating that the Commission has fixed the names and boundaries of the electoral districts; and
      2. stating that the names and boundaries of the electoral districts fixed by the Commission are available for public inspection; and
      3. stating places at which copies of the names and boundaries fixed by the Commission are available for public inspection without charge (which places shall include the office of each Registrar of Electors).
2. The boundaries of the electoral districts fixed by the Commission shall be defined by the Commission by the use of such words, maps, and graphic means as are sufficient to define those boundaries accurately.
3. From the date of the gazetting of the notice required by subsection (1)(b), the electoral districts fixed by the report shall be the electoral districts of New Zealand for the purpose of the election of members of Parliament after the dissolution or expiration of the then existing Parliament, and shall so continue until the next report of the Commission takes effect as a result of the publication in the Gazette of the notice required by subsection (1)(b) in respect of that report.

41. Report and maps to be laid before House of Representatives

1. A copy of every report of the Commission, together with properly authenticated maps of the electoral districts fixed by the report, shall be presented by the Governor-General to the House of Representatives within 3 sitting days after the date of the receipt thereof if Parliament is then in session, and, if not, then within 3 sitting days after the date of the commencement of the next ensuing session.
2. The Minister shall, forthwith after every report of the Commission is presented to the Governor-General, cause to be deposited in the office of the Clerk of the House of Representatives properly authenticated maps of the electoral districts fixed by the report.

42. Indexes of streets and places

1. The Surveyor-General—
   1. shall, as soon as practicable after the gazetting of a notice under section 40(1)(b), compile, in respect of each electoral district, an index of streets and places within that district; and
   2. shall compile 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,—
   1. a copy of the index compiled in respect of that district under subsection (1)(a); and
   2. a copy of the index compiled under subsection (1)(b).
3. Copies of each index compiled under subsection (1)(a) shall be sold by the department within the meaning of section 2 of the Survey Act 1986.
4. Copies of each index compiled under subsection (1)(b) in respect of an electoral district shall be sold at every office of the department within the meaning of section 2 of the Survey Act 1986 and at such other convenient places as the Electoral Commission from time to time directs.

43. Proceedings of Commission

1. Any 4 members of the Commission, of whom 2 are the members holding office under section 28(2)(e), shall be a quorum, and may exercise all functions vested in the Commission.
2. The Commission may make such rules for the conduct of its business, not inconsistent with the provisions of this Act, as it thinks fit.

44. Commissioner not eligible as member of House of Representatives

45. Maori representation

1. It shall be the duty of the Commission, for the purpose of the representation of the Maori people in the House of Representatives, to divide New Zealand into Maori electoral districts from time to time in accordance with this section and section 269.
2. The Commission—
   1. shall effect the first division under subsection (1) as soon as practicable after the commencement of this section; and
   2. Census
      shall, in accordance with section 77(5), effect the second division under subsection (1) after the census taken in the year 1996; and
   3. Census
      shall effect each subsequent division under subsection (1) only after each subsequent periodical census and on no other occasion.
3. Subject to section 269, each division effected under subsection (1) shall be effected on the following basis:
   1. the Maori electoral population of New Zealand shall be divided by the quota for General electoral districts in the South Island determined pursuant to section 35(3)(b), and the quotient so obtained shall be the number of Maori electoral districts:
   2. where the quotient includes a fraction, the fraction shall be disregarded unless it exceeds a half, in which case the number of Maori electoral districts shall be the next whole number above the quotient:
   3. subject to subsection (7), the Maori electoral districts shall each contain an equal number of members of the Maori electoral population.
4. Upon receipt of the report of the Government Statistician under section 35(6), the Surveyor-General shall prepare maps showing the distribution of the Maori electoral population and provisional boundaries for the Maori electoral districts.
5. 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.
6. In dividing the Maori electoral population equally between the Maori electoral districts, due consideration shall be given to—
   1. the existing boundaries of the Maori electoral districts; and
   2. community of interest among the Maori people generally and members of Maori tribes; and
   3. facilities of communications; and
   4. topographical features; and
   5. any projected variation in the Maori electoral population of those districts during their life.
7. Where, in the opinion of the Commission, the Maori electoral population cannot, consistently with the considerations provided for in subsection (6), be divided equally between the 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%.
8. Due notice of the issuing of the proposed names and boundaries of the Maori electoral districts shall be given in the Gazette and section 38, with all necessary modifications, shall apply accordingly.
9. The Commission shall, in every case within 6 months after the date of the meeting of the Commission called pursuant to section 35(7) or, in the case of the meeting called pursuant to section 269(4), within 8 months after the date of that meeting,—
   1. report to the Governor-General the names and boundaries of the Maori electoral districts fixed by the Commission; and
   2. publish in the Gazette a notice—
      1. stating that the Commission has fixed the names and boundaries of the Maori electoral districts; and
      2. stating that the names and boundaries of the Maori electoral districts fixed by the Commission are available for public inspection; and
      3. stating places at which copies of the names and boundaries fixed by the Commission are available for public inspection without charge (which places shall include the office of each Registrar of Electors).
10. The boundaries fixed by the Commission in respect of the Maori electoral districts shall be defined by the Commission by the use of such words, maps, and graphic means as are sufficient to define those boundaries accurately.
11. From the date of the gazetting of the notice required by subsection (9)(b), the boundaries of the Maori electoral districts as fixed by the report shall be the boundaries of the Maori electoral districts for the purpose of the election of members of Parliament for those districts after the dissolution or expiration of the then existing Parliament, and shall so continue until the next report of the Commission takes effect as a result of the publication in the Gazette of that notice required by subsection (9)(b) in respect of that report.
12. Notwithstanding the foregoing provisions of this section or of any other provision of this Act,—
    1. if on the application of paragraphs (a) and (b) of subsection (3) a quotient is obtained that does not require the division of New Zealand into a Maori electoral district or districts, New Zealand shall not be divided into a Maori electoral district or districts and the other provisions of this Act shall, so far as they are applicable, apply with any necessary modifications; and
    2. if on the application of paragraphs (a) and (b) of subsection (3) a quotient is obtained that requires the division of New Zealand into 1 Maori electoral district, the foregoing provisions of this section and the other provisions of this Act shall, so far as they are applicable, apply with any necessary modifications.

46. Electoral districts for and polling in Chatham Islands

1. The area comprised in the Chatham Islands shall be included in such General electoral district and Maori electoral district as the Representation Commission thinks fit, after giving due consideration to the matters contained in sections 35(3)(f) and 45(6).
2. For the purposes of sections 35, 45, and 269, the General electoral population and Maori electoral population of the Chatham Islands shall be treated—
   1. as part of the General electoral population and Maori electoral population of New Zealand; and
   2. as part of the General electoral population or Maori electoral population, as the case may require, of the General electoral district or Maori electoral district within which the Chatham Islands are included; and
   3. in the case of the General electoral population, as part of the General electoral population of the South Island and, in the case of the Maori electoral population, as part of the Maori electoral population of the North Island.
3. In any case where the Commission has determined the number of General electoral districts in both the North Island and the South Island, and has, in doing so, applied the provisions of subsection (2)(c),—
   1. the Commission shall not be precluded from including the Chatham Islands in a General electoral district or Maori electoral district, as the case may require, that is located, either in whole or in part, in a different Island to that in which the General electoral population or the Maori electoral population of the Chatham Islands has been included pursuant to subsection (2)(c); and
   2. the Commission shall not, by reason of the application of paragraph (a), reconsider its determination of the number of General electoral districts in either the North Island or the South Island.

47. Registered electors may be members, unless disqualified

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, whether for that electoral district, any other electoral district or as a consequence of the inclusion of that person’s name in a party list submitted pursuant to section 127.
2. Notwithstanding anything in subsection (1), 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. Regardless of anything in subsection (1), a person is not qualified to be a candidate or to be elected unless he or she is a New Zealand citizen.

47A. Certain persons disqualified from candidacy

48. Offence for public servant or Returning Officer to sit

49. Candidate not disqualified if name removed from roll without cause

1. This section applies to a person—
   1. who is qualified to be registered as an elector of an electoral district; and
   2. whose name was entered on the electoral roll for that district; but
   3. whose name has been subsequently removed from that electoral roll through no fault or failure of that person.
2. A person is not, by reason only of his or her name having been removed from an electoral roll, disqualified from becoming a candidate and being elected as a member of Parliament.
3. However, a person who consents to his or her nomination as a candidate must make a statutory declaration declaring that—
   1. he or she is qualified to be registered as an elector of the electoral district in respect of which he or she was previously registered; and
   2. his or her name was removed from the electoral roll for that district through no fault or failure of his or her own.
4. A person nominated as a candidate must, when giving his or her consent to the nomination, send the statutory declaration to—
   1. the Returning Officer, if the person was nominated as a constituency candidate by registered electors under section 143; or
   2. the party secretary, if the person is to be nominated as—
      1. a constituency candidate by the party secretary under section 146D; or
      2. a list candidate.

50. Effect of registration on wrong roll

51. Member ceasing to be elector

52. Candidacy and election of State servants

1. Outside professions of legislators
   In this section, the term State servant—
   1. means—
      1. a public servant; and
      2. 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 Sector Act 1988; and
   2. includes employees 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 or her candidature.
3. Subject to subsection (4), the period of leave shall commence on nomination day, and, in the event of his or her nomination as a constituency candidate or of the inclusion of his or her name in a list submitted under section 127, shall continue until the first working day after polling day, unless, in any case where he or she is a constituency candidate, he or she withdraws his or her nomination.
4. Where the employer 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—
   1. to carry out satisfactorily his or her duties as a State servant; or
   2. to be seen as independent in relation to particular duties,—

   the period of leave shall, if the employer so determines after consultation with the State servant, commence before nomination day on a day appointed by the employer.

5. During the period of his or her leave, the State servant shall not be required or permitted to carry out any of his or her official duties, nor shall he or she 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 or she takes during that period any leave with pay to which he or she is entitled:

   provided that a candidate who, at the time of his or her nomination or of the inclusion of his or her name in a list submitted under section 127, 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, a candidate’s rights as a State servant shall not be affected by his or her candidature.

53. Members disqualified from being State servants

1. Outside professions of legislators
   In this section, the term State servant has the meaning given to it by section 52(1).
2. Outside professions of legislators
   If any State servant is elected as a member of Parliament, he or she shall forthwith on being declared so elected, be deemed, subject to subsections (3) to (6), to have vacated his or her 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 or Court of Appeal 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,—
   1. if he or she was a State servant when he or she was declared to be elected; and
   2. if by written election, given to his or her former employer within 1 month after the amended declaration or the determination of the High Court or Court of Appeal, he or she elects to be reinstated in his or her former office as a State servant,— he or she shall, on the date on which his or her election is so given to his or her employer, be deemed, subject to subsections (4) to (6), to have been reinstated in his or her 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 or she vacated office under subsection (2) and ending with the day before the date on which he or she resumed office under subsection (3).
5. Where the position that the person held at the date on which he or she vacated office has been filled or where that position no longer exists, that person shall, on his or her reinstatement, be employed, where practicable and at the discretion of his or her employer, 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), where a person is reinstated in office under this section,—
   1. his or her 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
   2. the period of vacation of office shall count—
      1. as time served under his or her contract of employment; and
      2. subject to payment of his or her contributions, as service for the purpose of any superannuation scheme to which he or she belongs in his or her capacity as a State servant.

54. Term of office of member of Parliament

1. Where an election is held for any electoral district, the person whose name is endorsed on the writ issued for the election as the person declared to be elected shall, subject to this Act,—
   1. come into office as the member of Parliament for that electoral district on the day after the day of the return of that writ; and
   2. Electoral commission
      vacate that office at the close of polling day at the next general election.
2. Where any person whose name is entered on a party list submitted pursuant to section 127, is declared by the Electoral Commission to be elected as a member of Parliament, the person shall, subject to this Act,—
   1. come into office on the date after the date of the return made by the Electoral Commission pursuant to section 193; and
   2. vacate that office at the close of polling day at the next general election.

55. How vacancies created

1. The seat of any member of Parliament shall become vacant—
   1. if, otherwise than by virtue of being a head of mission or head of post within the meaning of the Foreign Affairs Act 1988, for one whole session of Parliament he or she fails, without permission of the House of Representatives, to give his or her attendance in the House; or
   2. if he or she takes an oath or makes a declaration or acknowledgement of allegiance, obedience, or adherence to a foreign State, foreign Head of State, or foreign Power, whether required on appointment to an office or otherwise; or
   3. if he or she does or concurs in or adopts any act whereby he or she may become a subject or citizen of any foreign State or Power, or entitled to the rights, privileges, or immunities of a subject or citizen of any foreign State or Power; or
   4. if he or she ceases to be a New Zealand citizen; or
   5. if he or she accepts nomination as, or otherwise agrees to be, a candidate for election, or agrees to appointment as—
      1. a member of Parliament (or other governing body) of a country, State, territory, or municipality, in any country other than New Zealand; or
      2. a member of any governing body of any association of countries, States, territories, or municipalities exercising governing powers, of which New Zealand is not a member (for example, the European Union); or
   6. if he or she is convicted of an offence punishable by imprisonment for life or by 2 or more years’ imprisonment, or is convicted of a corrupt practice, or is reported by the High Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice; or
   7. if he or she becomes a public servant; or
   8. if he or she is appointed as a Returning Officer; or
   9. if he or she resigns his or her seat by signing a written notice that is addressed and delivered to the Speaker; or
   10. if on an election petition the High Court or Court of Appeal declares his or her election void; or
   11. if he or she dies; or
   12. if he or she becomes mentally disordered, as provided in section 56.
   13. [Repealed]
2. Notwithstanding anything in subsection (1)(c), 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.

55AA. Dual or multiple citizenship permissible in certain circumstances

55A. Member ceasing to be parliamentary member of political party

55B. Notice from member

55C. Notice from parliamentary leader of party

55D. Form of statement to be made by parliamentary leader

55E. Definitions

56. Member becoming mentally disordered

1. Where a member of Parliament is, or is deemed to be, subject to a compulsory treatment order made under Part 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, the court by which the order is made shall, as soon as may be, give a notice to the Speaker of the making of the order.
2. Where a member of Parliament is received or detained in a hospital in accordance with an inpatient order made under Part 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, the person in charge of that hospital shall, as soon as may be, give notice to the Speaker of the reception or detention.
3. Where the Speaker receives a notice under subsection (1) or subsection (2), the Speaker shall forthwith transmit the notice to the Director-General of Health, who, together with some medical practitioner named by the Speaker, shall without delay visit and examine the member to whom the notice relates, and shall report to the Speaker whether the member is mentally disordered.
4. If the report is to the effect that the member is mentally disordered the Speaker shall, at the expiration of 6 months from the date of the report if Parliament is then in session, and, if not, then as soon as may be after the date of the commencement of the next ensuing session, require the said Director-General, together with the said medical practitioner or some other medical practitioner named by the Speaker, again to visit and examine the member; and, if they report that he or she is still mentally disordered, the Speaker shall forthwith lay both reports before the House of Representatives, and thereupon the seat of the member shall be vacant.
5. Every person having charge of any hospital in which any member of Parliament is so received or detained, who wilfully commits a breach of subsection (2) shall be liable on conviction to a fine not exceeding $2,000.

57. Registrar of court to notify cause of vacancy in certain cases

1. The Registrar of the court in which any member of Parliament has been convicted of an offence punishable by imprisonment for life or by 2 or more years’ imprisonment, or has been convicted of a corrupt practice, shall, within 48 hours after the conviction, notify the fact to the Speaker.
2. Every person commits an offence and shall be liable on conviction to a fine not exceeding $100 who, being the Registrar of a court, fails to send any notice required by subsection (1).

58. Registrar of Births and Deaths to notify Speaker of death of member

1. The Registrar of Births and Deaths by whom the death of any member of Parliament is registered shall, within 12 hours of making the registration, notify the fact to the Speaker.
2. Every person commits an offence and shall be liable on conviction to a fine not exceeding $100 who, being a Registrar of Births and Deaths, fails to send any notice required by subsection (1).

59. No person to be candidate for more than 1 district or on more than 1 list

1. No person shall at any general election be—
   1. Electoral districts
      a candidate for more than 1 electoral district; or
   2. a candidate whose name is included on more than 1 party list submitted pursuant to section 127.
2. If 2 or more by-elections are held on the same polling day, no person shall be a candidate at more than 1 of those by-elections.
3. Electoral districts
   At any general election, any person may be both—
   1. a candidate for any one electoral district; and
   2. a candidate whose name is included on any one party list submitted pursuant to section 127.
4. If any person breaches subsection (1) or subsection (2), all nominations of that person as a candidate for those districts, party lists, or by-elections, as the case may be, shall be void, and any deposits made by him or her or on his or her behalf shall be forfeited and be paid into a Crown Bank Account.

60. Who may vote

61. Special voters

1. A person who is qualified to vote at any election in any district may vote as a special voter if—
   1. that person’s name does not appear on the main roll or any supplementary roll for the district or has been wrongly deleted from any such roll:
   2. the person intends to be absent or is absent from the district on polling day:
   3. the person intends to be outside New Zealand on polling day or is outside New Zealand on polling day:
   4. the person is, by reason of illness, infirmity, pregnancy, or recent childbirth, unable to attend to vote at any polling place in the district:
   5. the person is, by reason of a religious objection, unable to attend to vote on the day of the week on which polling day falls:
   6. the person satisfies the Returning Officer or issuing officer that on any other ground it will not be practicable for that person to vote at a polling place in the district without incurring hardship or serious inconvenience.
2. A person who is registered as an elector of a Maori electoral district and who is qualified to vote at any election in that district may vote as a special voter not only on the grounds set out in subsection (1) but also on the ground that the person attends to vote on polling day at a polling place that is not a polling place for that district.
3. A person whose name appears on the main roll or any supplementary roll for an electoral district and who is qualified to vote at an election in that district may vote as a special voter if the person—
   1. applies to vote in person before polling day; and
   2. does so within that district or at an office maintained by the Returning Officer of that district.

62. Register of Political Parties

1. Subject to this Part, an eligible political party may be registered for the purposes of this Act.
2. Electoral commission
   The Electoral Commission shall establish and maintain a Register, to be known as the Register of Political Parties, containing a list of the political parties registered under this Part.

63. Application for registration

1. An application for the registration of an eligible political party may be made to the Electoral Commission—
   1. by the secretary of the party; or
   2. by any member of Parliament who is a current financial member of that party.
2. An application for the registration of an eligible political party—
   1. shall be in writing; and
   2. shall be signed by the applicant; and
   3. Restrictions on political parties
      must—
      1. set out the name of the party; and
      2. if the party wishes to be able to use for the purposes of this Act an abbreviation of its name, set out the name of that abbreviation; and
      3. set out the name and address of the applicant and the capacity in which he or she makes the application; and
      4. if the applicant is not the secretary of the party, set out the name and address of the secretary of the party; and
      5. set out the name and address of the person eligible under section 206K who is to be appointed as the auditor of the party, and be accompanied by that person’s signed consent to the appointment; and
      6. be accompanied by evidence, in a form approved by the Electoral Commission, that the party has at least 500 current financial members who are eligible to enrol as electors; and
      7. be accompanied by a declaration, made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957 that the party has at least 500 current financial members who are eligible to enrol as electors; and
      8. [Repealed]
   4. must be accompanied by a declaration made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957, which declaration must state that the party intends, at general elections,—
      1. to submit a list of candidates under section 127; or
      2. to have 1 or more constituency candidates stand for the party or for a related political party; or
      3. both; and
   5. shall be accompanied by a declaration made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957, which declaration shall—
      1. state whether the party is a party in respect of which there are 1 or more component parties; and
      2. where the party has 1 or more component parties, state the name of each component party; and
   6. must be accompanied by the application fee payable under section 63A.
3. Upon receipt of an application for the registration of a political party, the Electoral Commission shall deal with the application in accordance with this Part and determine whether the party can be registered.
4. Notwithstanding subsection (3), the Electoral Commission shall not be obliged to deal with any application for registration if it receives notice in writing withdrawing the application from a person entitled to apply for the registration of that party and the Electoral Commission is satisfied that the application is made by that person on behalf of the party.
5. [Repealed]

63A. Application fee

1. The fee payable on making an application under section 63 is $500 (inclusive of goods and services tax).
2. The fee must be paid by—
   1. direct credit to a bank account nominated by the Electoral Commission; or
   2. bank cheque.

64. Times when registration prohibited

1. At no time in the period that, in relation to a general election,—
   1. commences on the date beginning with the issue of the writ for the election of members of Parliament for all electoral districts within New Zealand; and
   2. ends with the day appointed as the latest day for the return of the writ containing the names of constituency candidates who are elected,—

   shall action be taken in relation to any application for the registration of a political party.

2. [Repealed]

65. Parties with certain names not to be registered

65A. Certain logos not to be registered

66. Other grounds on which registration may be refused

1. The Electoral Commission shall refuse an application for the registration of a political party if—
   1. the application does not comply with section 63; or
   2. if it is satisfied that the party does not have 500 current financial members who are eligible to enrol as electors.
2. Unless section 65 or subsection (1) applies, the Electoral Commission shall, subject to section 64, register the political party that is the subject of the application.
3. [Repealed]

67. Registration

1. Electoral commission
   Where the Electoral Commission determines that a political party should be registered, the Electoral Commission shall—
   1. register the party by entering in the Register—
      1. the name of the party; and
      2. if an abbreviation of the name of the party was set out in the application, that abbreviation; and
      3. the names of any separate political parties that are component parties of the party; and
   2. give written notice to the applicant that the Electoral Commission has registered the party; and
   3. cause notice of the registration of the party, including details of any component parties of the party, to be published in the Gazette.
   4. [Repealed]
2. Electoral commission
   Where the Electoral Commission determines that an application for the registration of a political party should be refused, the Commission shall, as soon as reasonably practicable, and in any case not later than 10 working days after the date of the determination, give the applicant written notice that the Commission has refused the application, setting out the reasons for the refusal.
3. It shall be the duty of the secretary of any political party registered under this Act—
   1. to supply the Electoral Commission with an address for service of all correspondence under this Part; and
   2. to notify the Electoral Commission of any changes in the address for service of correspondence; and
   3. to notify the Electoral Commission whenever a new secretary of the party is appointed; and
   4. to notify the Electoral Commission if the number of current financial members of the party who are eligible to enrol as electors falls below 500; and
   5. subject to subsection (4), to notify the Electoral Commission by way of a declaration in the manner provided by section 9 of the Oaths and Declarations Act 1957 whenever there is any change in the details recorded in the Register of Political Parties in respect of the party under subsection (1)(a)(iii).
   6. [Repealed]
4. [Repealed]

67A. Registration of party logos

68. Inspection of Register

68A. Inspection of party logos

69. Changes to Register

69A. Changes to party logos

70. Cancellation of registration

1. The Electoral Commission shall cancel the registration of a political party at the request of one of the persons specified in section 63(1) if satisfied that the request for cancellation is made by the applicant on behalf of the party.
2. The provisions of section 64, with any necessary modifications, apply to every request under subsection (1).
3. The Electoral Commission shall cancel the registration of any political party on being satisfied that the number of current financial members of the party who are eligible to enrol as electors has fallen below 500.
4. For the purposes of exercising the powers conferred on it by subsection (2), the Electoral Commission may require a political party to supply to it a list of the party’s current financial members within any reasonable time that the Electoral Commission specifies.
5. Where the Electoral Commission cancels the registration of any political party, it shall, as soon as reasonably practicable, and in any event not later than 10 working days after the date of the cancellation,—
   1. give, where the cancellation was effected under subsection (1), written notice of the cancellation to both the applicant for cancellation and the secretary of the political party:
   2. give, where the cancellation was effected under subsection (2), written notice of the cancellation to the secretary or the last-known secretary of the political party, which written notice shall set out the reasons for the cancellation:
   3. cause notice of the cancellation to be published in the Gazette.

70A. Cancellation of registration of party logo

71. Requirement for registered parties to follow democratic procedures in candidate selection

71A. Obligation to provide annual declaration regarding party

1. state whether the party has at least 500 current financial members who are eligible to enrol as electors.

71B. Obligation to provide copy of party membership rules and candidate selection rules

1. The secretary of any political party registered under this Act must supply the Electoral Commission with the following:
   1. a copy of the rules governing membership of the party:
   2. a copy of the rules governing the selection of persons to represent that party as candidates for election as members of Parliament:
   3. a copy of any changes to the rules referred to in paragraph (a) or paragraph (b).
2. The copies required by subsection (1)(a) and (b) must be supplied within 1 month after notice of the registration of the party is notified in the Gazette in accordance with section 67(1)(c).
3. The copies required by subsection (1)(c) must be supplied within 1 month after the date on which the changes to the rules are adopted by the party.
4. Members of the public are entitled to inspect the documents supplied to the Electoral Commission under this section. They may inspect them, without payment, at any time between 9 am and 5 pm on any day on which the office of the Electoral Commission is open.

71C. Application for registration of party logo

1. An application may be made to the Electoral Commission to register the logo of a political party if the political party—
   1. is registered under subpart 1; or
   2. is unregistered, but an application has been made under subpart 1 to register that party and that application has not been determined by the Electoral Commission.
2. An application to register a party logo—
   1. may be made by—
      1. the secretary of the party; or
      2. any member of Parliament who is a current financial member of the party; and
   2. must—
      1. be in writing; and
      2. be signed by the applicant; and
      3. be accompanied by—
         1. 2 identical representations of the party logo in a form satisfactory to the Electoral Commission that show the parts of the logo that are to be in colour and the PMS (Pantone Matching System) colours that are to be used for those parts when the logo is reproduced on the ballot paper; and
         2. a black and white reproduction of the party logo in a form satisfactory to the Electoral Commission; and
      4. be accompanied by a declaration, made by the applicant in the manner provided for by section 9 of the Oaths and Declarations Act 1957, that the use of the logo by the political party will not be an infringement of an intellectual property right of any person, or a breach of any enactment; and
      5. set out—
         1. the name and address of the applicant, and the capacity in which he or she makes the application; and
         2. the name and address of the secretary of the political party, if the applicant is not the secretary of the political party.
3. Electoral commission
   On receipt of an application to register a party logo, the Electoral Commission must deal with the application in accordance with this subpart and determine whether to register the party logo.
4. Subsection (3) does not apply if, before determining whether to register a party logo, the Electoral Commission—
   1. receives from any person described in subsection (2)(a) written notice that the application to register the party logo is withdrawn; and
   2. is satisfied the written notice is given by that person on behalf of the party.

71D. Grounds on which registration refused

1. The Electoral Commission must refuse an application to register the logo of a political party if—
   1. the Electoral Commission has determined that the political party’s application for registration should be refused (in the case of an application made under section 71C(1)(b)); or
   2. the application does not comply with—
      1. section 71C(2)(b)(iii); or
      2. section 71C(2)(b)(iv); or
   3. the Electoral Commission has reasonable cause to believe that the declaration accompanying the application under section 71C(2)(b)(iv) is not correct; or
   4. Restrictions on political parties
      the Electoral Commission is of the opinion that the logo—
      1. is indecent; or
      2. is offensive; or
      3. is likely to cause confusion or mislead electors; or
      4. contains any reference to a title or an honour or a similar form of identification.
2. If the Electoral Commission refuses an application to register the logo of a political party, the Electoral Commission must, as soon as is reasonably practicable, and in any case not later than 10 working days after the date of refusal, give the applicant written notice of—
   1. the refusal; and
   2. the reasons for the refusal.

71E. Times when registration of party logos prohibited

71F. Registration of party logos

71G. Inspection of party logos

71H. Changes to party logos

1. A person described in section 71C(2)(a) may, on behalf of a party whose logo has been registered, apply to the Electoral Commission to—
   1. vary the form of the party logo; or
   2. substitute a new party logo; or
   3. amend the party logo to refer to the new name of the party in any case where there has been a change in the party name.
2. Sections 71C to 71F apply, with any necessary modifications, to an application made under subsection (1).

71I. Cancellation of registration of party logo

1. Electoral commission
   The Electoral Commission must cancel the registration of the logo of a political party if—
   1. a person described in section 71C(2)(a) applies to cancel the registration of the logo and the Electoral Commission is satisfied that the application is made on behalf of the political party; or
   2. the registration of the political party is cancelled under section 70; or
   3. the Electoral Commission is satisfied that the use of the logo by the political party constitutes an infringement of an intellectual property right or a breach of an enactment.
2. Section 71E applies, with any necessary modifications, to an application made under subsection (1)(a).
3. Electoral commission
   If the Electoral Commission cancels the registration of the logo of a political party, the Electoral Commission must, as soon as is reasonably practicable and in any case not later than 10 working days after the date of cancellation,—
   1. give written notice of the cancellation and the reasons for the cancellation to—
      1. the applicant, if the registration of the logo was cancelled under subsection (1)(a) on the application of a person described in section 71C(2)(a)(ii); and
      2. the secretary of the political party; and
   2. arrange for the cancellation to be published in the Gazette.

74. Qualification of electors

1. Claim of universal suffrage
   Subject to the provisions of this Act, every adult person is qualified to be registered as an elector of an electoral district if—
   1. that person is—
      1. a New Zealand citizen; or
      2. a permanent resident of New Zealand; and
   2. that person has at some time resided continuously in New Zealand for a period of not less than 1 year; and
   3. that electoral district—
      1. is the last in which that person has continuously resided for a period equalling or exceeding 1 month; or
      2. where that person has never resided continuously in any one electoral district for a period equalling or exceeding 1 month, is the electoral district in which that person resides or has last resided.
2. Where a writ has been issued for an election, every person—
   1. who resides in an electoral district on the Monday before polling day; and
   2. who would, if he or she continued to reside in that electoral district until the close of polling day, have continuously resided in that electoral district for a period equalling or exceeding 1 month,—

   shall (whether or not he or she does so continue to reside in that electoral district) be deemed, for the purposes of subsection (1)(c), to have completed on that Monday a period of 1 month’s continuous residence in that electoral district.

75. Registration in respect of more than 1 electoral district

1. Subject to subsection (2), a person shall not be entitled to be registered as an elector of more than 1 electoral district.
2. Where an elector is qualified to be registered as an elector of an electoral district, his or her registration as an elector of that district shall not be invalid by reason only of the fact that at the time of that registration he or she was registered as an elector of a district for which he or she was not, or was no longer, qualified to be registered.
3. Notwithstanding that the validity of the registration of an elector of an electoral district is preserved by subsection (2), for the purposes of section 60, such an elector is not qualified, by virtue of that registration, to vote at an election unless, when the elector votes, he or she is no longer registered as an elector of another electoral district.

76. Maori option

1. Subject to this section and to sections 77 to 79, a Maori who possesses the qualifications prescribed in that behalf by this Act shall have the option of being registered either as an elector of a Maori electoral district or as an elector of a General electoral district.
2. Every such option shall be exercised—
   1. at the time the Maori first qualifies and applies to be registered as an elector of any electoral district; or
   2. in the case of a Maori who was not registered as an elector of any electoral district on the first day of the period last specified in a notice published under section 77(2), on the first subsequent application for registration as an elector; or
   3. in any other case, in accordance with section 77 or section 78.

77. Periodic exercise of Maori option and determination of Maori population

1. Every elector who is a Maori may exercise periodically, in accordance with this section, the option given by section 76(1).
2. The Minister shall, in accordance with this section, specify from time to time, by notice in the Gazette, a period of 4 months during which any Maori may exercise the option given by section 76(1).
3. The Minister shall, as soon as practicable after the commencement of this section, and in accordance with section 269(2), publish the first notice under subsection (2).
4. Census
   Subject to subsections (3) and (5) and to section 269(2), the Minister shall, in every year that a quinquennial census of population is taken, but in no other year, publish a notice under subsection (2).
5. Census
   Notwithstanding subsection (4), where a Parliament is due to expire in a year in which a quinquennial census of population is to be taken, the Minister shall not, in that year, publish a notice under subsection (2), but shall instead, in the year following the year in which the quinquennial census of population is taken, publish such a notice.
6. For the purpose of enabling the Government Statistician to calculate the Maori electoral population, the Electoral Commission shall, as soon as practicable after the last day of each period specified in a notice published under subsection (2), supply to the Government Statistician—
   1. the total number of persons registered as electors of the Maori electoral districts as at the close of that last day; and
   2. the total number of persons registered as electors of the General electoral districts, who, as at the close of that last day, are recorded as having given written notice to the Registrar that they are persons of New Zealand Maori descent; and
   3. the total number of persons whose names are shown on the dormant rolls maintained under section 109 for the Maori electoral districts; and
   4. the total number of persons whose names are shown on the dormant rolls maintained under section 109 for General electoral districts who are recorded as having given written notice that they are persons of New Zealand Maori descent.

78. Exercise of Maori option

1. A Maori who is registered as an elector on the first day of an option period may exercise once in that period the Maori option.
2. The Registrar must send by post on the first day of an option period a notice in the prescribed form to—
   1. every person registered as an elector of a Maori electoral district; and
   2. every person registered as an elector of a General electoral district who has,—
      1. in his or her application for registration as an elector, specified that he or she is a Maori; or
      2. in response to an inquiry under section 89D, notified the Registrar that he or she is a Maori.
3. Subsection (4) applies to every Maori—
   1. who receives a notice sent under subsection (2); and
   2. who—
      1. being registered as an elector of a Maori electoral district, wishes to be registered as an elector of a General electoral district; or
      2. being registered as an elector of a General electoral district, wishes to be registered as an elector of a Maori electoral district.
4. A Maori to whom this subsection applies may exercise the Maori option by advising whether he or she wishes to be registered as an elector of—
   1. a General electoral district; or
   2. a Maori electoral district.
5. A Maori who wishes to exercise the Maori option under subsection (4) must advise the Registrar as to which option he or she has chosen by—
   1. indicating his or her choice on the notice received under subsection (2), adding his or her signature and the date, and then returning the notice to the Registrar:
   2. indicating his or her choice using an approved electronic medium:
   3. completing an application for registration as an elector in accordance with section 83.
6. A Maori who is outside New Zealand, or who has a physical or mental impairment may exercise the Maori option through a representative, and section 86 applies with any necessary modifications.
7. On receipt of any advice under subsection (5), the Registrar must send that advice to the Registrar in whose district the Maori resides.
8. Advice received under subsection (5) is deemed to be an application for registration as an elector for the purposes of—
   1. the definition of electoral roll in section 3(1); and
   2. sections 89A, 98, and 103.
9. A Maori who receives a notice sent under subsection (2) but who does not exercise the option given by section 76(1) in the option period continues to be registered on the roll as an elector of the electoral district in which he or she is currently registered.
10. If a notice returned to a Registrar under subsection (5)(a) is received by the Registrar by post after the end of the option period but not later than noon on the day after the last day of that period, the notice is deemed to have been received in that option period, and the elector must, if the notice is otherwise in order, be deemed to have exercised the option given by section 76(1) in that option period.
11. If a notice returned to a Registrar under subsection (5)(a) is received by the Registrar within the option period but that notice does not comply with the requirements for signing and dating, the Registrar may treat the notice as being in accordance with those requirements before the end of that option period if the non-compliance is remedied within 6 days after the end of that option period.
12. For the purposes of this section,—
    • Maori option means the option provided by section 76(1)

      option period means the period specified in a notice published under section 77(2)

      person registered as an elector includes a person of or over the age of 17 years who has had an application under section 82(2) to register as an elector accepted by a Registrar of Electors.

79. Restriction on transfer between General and Maori electoral rolls

80. Disqualifications for registration

1. Restrictions on voting
   The following persons are disqualified for registration as electors:
   1. a New Zealand citizen who (subject to subsection (3)) is outside New Zealand and has not been in New Zealand within the last 3 years:
   2. a permanent resident of New Zealand (not being a New Zealand citizen) who (subject to subsection (3)) is outside New Zealand and has not been in New Zealand within the last 12 months:
   3. a person who is detained in a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or in a secure facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, and to whom one of the following applies:
      1. the person has been found by a court or a Judge to be unfit to stand trial within the meaning of the Criminal Procedure (Mentally Impaired Persons) Act 2003, or has been acquitted on account of his or her insanity, and (in either case) is detained under an order or direction under section 24 or section 31 or section 33 of that Act or under the corresponding provisions of the Criminal Justice Act 1985 and has been so detained for a period exceeding 3 years:
      2. the person has been found by a court, on conviction of any offence, to be mentally impaired, and is detained under an order made under sec- tion 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 or section 118 of the Criminal Justice Act 1985, and has been so detained for a period exceeding 3 years:
      3. the person is subject to, and has for a period exceeding 3 years been subject to, a compulsory treatment order made following an application under section 45(2) of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or a compulsory care order made following an application under section 29(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003:
      4. the person is detained under section 46 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, and is a person to whom paragraph (d) would otherwise apply:
   4. a person who is detained in a prison pursuant to a sentence of imprisonment imposed after the commencement of the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010:
   5. a person whose name is on the Corrupt Practices List made out for any district.
2. The Registrar of the court in which any compulsory treatment order or any order under section 24 or section 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 is made or any person is convicted of a corrupt practice shall, not later than the fifth day of the month next succeeding the date of the order or conviction, forward to the Registrar of Electors of the electoral district in which the patient or offender was residing a certificate showing the name, place of abode, and description of the patient or offender and particulars of the order or conviction.
3. Restrictions on voting
   Nothing in subsection (1)(a) or (b) applies to—
   1. a person, being—
      1. a public servant or a member of the Defence Force; or
      2. a head of mission or head of post within the meaning of the Foreign Affairs Act 1988, who is outside New Zealand in the course of that person’s duties; or
      3. an officer or employee of New Zealand Trade and Enterprise established by the New Zealand Trade and Enterprise Act 2003; or
   2. a person who—
      1. is accompanying a person described in subparagraph (i) or subparagraph (ii) or subparagraph (iii) of paragraph (a) who is outside New Zealand in the course of that person’s duties; and
      2. is the spouse, civil union partner, de facto partner, or child of the person referred to in subparagraph (i), or the child of the spouse, civil union partner, or de facto partner of that person.

81. Detention in prison pursuant to sentence of imprisonment

1. Where a person who has been sentenced to imprisonment is received into a prison in which that person is to serve the whole or part of the sentence, the prison manager of that prison shall, not later than the seventh day after the day on which the prisoner is received into the prison, forward to the Electoral Commission a notice-
   1. showing the name, previous residential address, and date of birth of that person; and
   2. showing the name and address of the prison.
   3. [Repealed]
2. The Electoral Commission shall, on receiving a notice under subsection (1), forward a copy of that notice to the appropriate Registrar of Electors.
3. In subsection (1), prison manager has the meaning given to it by section 3(1) of the Corrections Act 2004.

82. Compulsory registration of electors

1. A person who is qualified to be registered as an elector of any electoral district and who is in New Zealand must apply to a Registrar of Electors for registration as an elector—
   1. within 1 month after the date on which he or she first becomes qualified to be registered as an elector:
   2. within 1 month after the date on which he or she ceases to be registered as an elector by reason of the inclusion of his or her name on the dormant roll under section 89G.
2. Any person aged 17 years or older, but under 18 years, may apply to a Registrar of Electors for registration as an elector, and that person is not then required to apply for registration as an elector on attaining the age of 18 years.
3. A person who is qualified to be registered as an elector of any electoral district and who is outside New Zealand may apply at any time to a Registrar of Electors for registration as an elector.
4. Electoral districts
   Where a Maori is qualified to be registered as an elector of both a Maori electoral district and a General electoral district, that person may apply for registration as an elector of only one of those districts, being the district in respect of which that person has exercised his or her option under section 76.
5. A person commits an offence against this section who, being required by this section to apply for registration as an elector during any period, knowingly and wilfully fails to apply.
6. A person who applies for registration as an elector is not liable to prosecution for his or her earlier failure to apply for registration as an elector.
7. A person who commits an offence against this section is liable on conviction to a fine not exceeding—
   1. $100 on a first conviction; and
   2. $200 on a second or subsequent conviction.

83. Application for registration

1. An application for registration as an elector may be made to a Registrar of Electors—
   1. in writing, by completing and signing the prescribed form and returning it to the Registrar of Electors; or
   2. in an approved electronic medium, by providing the information necessary to complete the prescribed form.
2. An application for registration as an elector must state, in respect of the person making the application,—
   1. the person’s full name; and
   2. the person’s date of birth; and
   3. the place of residence in respect of which registration is claimed, specified in a manner that enables it to be clearly identified; and
   4. the person’s postal address, if different from the address given under paragraph (c); and
   5. the person’s occupation, if any; and
   6. the honorific (if any) by which the person wishes to be addressed; and
   7. whether or not the person is a Maori; and
   8. any other particulars that are prescribed in regulations.
3. A Registrar of Electors may reject an application for registration as an elector if—
   1. the application is made under subsection (1)(a) and the prescribed form is not—
      1. signed; or
      2. completed with the details specified in subsection (2)(a), (b), (c), and (h); or
   2. the application is made under subsection (1)(b) and the information provided does not include the details specified in subsection (2)(a), (b), (c), and (h).
4. If a person does not specify in his or her application whether he or she is a Maori, this Act applies as if the person had specified in his or her application that he or she is not a Maori.
5. An application for registration as an elector that is rejected by the Registrar of Electors is treated as not having been made.
6. Where it appears to a Registrar of Electors that a person who has applied for registration as an elector in an electoral district is qualified to be registered as an elector in another electoral district, the Registrar must immediately send that person’s application to the Registrar of Electors of that other district.

83A. Procedure following inquiry under section 83

83B. No form of inquiry required if application for registration as elector received

83C. Elector who cannot be contacted to be included in dormant roll

83D. Transfer of electors between electorates

84. Registration of persons outside New Zealand

85. Registration of persons who have physical or mental impairment

86. Representatives

1. A representative acting on behalf of a person must, when making any application or giving any notification, provide a statement that—
   1. sets out the capacity in which he or she is acting; and
   2. confirms that he or she is duly authorised to act in making that application or providing that information.
2. A statement under subsection (1) must be provided—
   1. in writing, by completing and signing a form approved for the purpose by the Electoral Commission; or
   2. in an approved electronic medium, by providing the information necessary to complete the form.

87. Procedure if immigration status means applicant apparently not qualified to be registered

1. This section applies in accordance with section 263A(6)(a) if the Electoral Commission under section 263A(5) advises the Registrar of an electoral district that a comparison carried out pursuant to section 263A(4) indicates that a person who has applied to be (but is not yet) registered as an elector of the electoral district is a person who the chief executive of the responsible department (as defined in section 263A(1)) believes is—
   1. unlawfully in New Zealand; or
   2. a person who is lawfully in New Zealand but only by virtue of being the holder of a temporary entry class visa of whatever type.
2. When this section applies the Registrar must comply with subsections (3) to (5) before determining under section 87 whether the applicant for registration as an elector is qualified to be registered.
3. The Registrar must within 5 working days of receiving that advice deliver to the applicant for registration personally, or send by post to that person, a written notice (in this section referred to as a or the notice) communicating—
   1. the advice that the Registrar received under section 263A(5) in respect of the applicant; and
   2. that the Registrar may determine that the applicant’s immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to the Registrar by or on behalf of the applicant within 5 working days after the applicant receives the notice.
4. If no response to the notice is made to the Registrar by or on behalf of the applicant within 10 working days of the notice being delivered to the applicant personally, or sent by post to that person, the Registrar must promptly deliver to the applicant for registration personally, or send by post to that person, a written notice (in this section referred to as a or the further notice) communicating—
   1. the advice that the Registrar received under section 263A(5) in respect of the applicant; and
   2. the fact that, and the date on which, a notice was delivered to the applicant personally, or sent by post to that person; and
   3. that the Registrar may determine that the applicant’s immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to the Registrar by or on behalf of the applicant within 5 working days after the applicant receives the further notice.
5. The Registrar may determine under section 87 whether the applicant for registration as an elector is qualified to be registered only—
   1. after considering any response to the notice or a further notice made to the Registrar by or on behalf of the applicant within 5 working days after the notice or a further notice was delivered to the applicant personally, or received by that person by post; or
   2. if no response to a further notice is made to the Registrar by or on behalf of the applicant within 10 working days of the further notice being delivered personally to the applicant, or received by that person by post.
6. A notice or further notice purportedly sent to the applicant by post—
   1. is, in the absence of proof to the contrary, treated as having been received by that person by post on the fourth working day after the day on which it is sent by post; and
   2. is treated as sent by post to that person on a day if it is proved to have been properly addressed to that person and to have been submitted on that day to a person for the time being registered as a postal operator under the Postal Services Act 1998 for postage to that person.
7. If, after complying with subsections (3) to (5), the Registrar determines under section 87 that the applicant for registration as an elector is not qualified to be registered, the Registrar must deliver to the applicant for registration personally, or send by post to that person, a written notice communicating the determination.

88. Applications received after issue of writ

1. Where a writ has been issued requiring the conduct of an election in a district, then, subject to subsections (2) and (3), the Registrar shall not, at any time in the period beginning on polling day and ending with the day of the return of the writ, register any application for registration as an elector that the Registrar receives on or after polling day.
2. For the purposes of subsection (1), an application for registration shall be deemed to have been received before polling day if—
   1. the application or the envelope in which it is contained bears a postmark or date stamp impressed at any New Zealand Post outlet or agency before polling day; or
   2. the applicant for registration produces a receipt which relates to the application and which was issued by any New Zealand Post outlet or agency before polling day.
   3. [Repealed]
3. Where any person applies for registration after a writ has been issued requiring the conduct of an election in a district and before polling day,—
   1. the Registrar shall, if the Registrar is satisfied that that person is qualified to be registered, forthwith enter the name of that person on the electoral roll; and
   2. the Registrar shall not be required to enter the name of that person on the main roll or any supplementary roll or composite roll used at that election; and
   3. that person may, at that election, vote only by way of a special vote.

89. Procedure following application for registration

1. If the Registrar is satisfied that any applicant for registration as an elector (whether by transfer from another district, or otherwise) is qualified to be registered, he or she shall forthwith enter the name of the applicant on the roll.
2. Where it appears to the Registrar that an applicant who is a Maori is prevented, by the manner in which he or she last exercised the option given by section 76, from being registered as an elector of the district to which his or her application relates, the Registrar shall forthwith send the application to the Registrar of the district in respect of which the applicant is entitled to be registered and shall notify the elector of his or her reasons for refusing the application and of the Registrar to whom the application has been sent.
3. 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 (4), include the name of the applicant on any main, supplementary, or composite roll printed as at writ day.
4. Notwithstanding anything in this Act, where the Registrar has, under subsection (3), 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—
   1. to enter the name of the applicant on the electoral roll; or
   2. to delete the name of the applicant from that main, supplementary, or composite roll.

89A. Notice of registration

89B. Elector must give notice of change of place of residence within electoral district

1. This section applies to an elector who, being registered as an elector of an electoral district, changes his or her place of residence within that district.
2. The elector must, within 2 months after the date on which he or she changed his or her place of residence, give notice of—
   1. the change of his or her place of residence; and
   2. the address of the new place of residence.
3. Notice under subsection (2) must be given—
   1. in writing to the Registrar for the electoral district in which the elector resides; or
   2. in an approved electronic medium.
4. An elector who has a physical or mental impairment may give notice under subsection (2) through a representative, and section 86 applies with any necessary modifications.
5. On receiving a notice under subsection (2), a Registrar must—
   1. amend the roll to record the change in the elector’s place of residence; and
   2. give confirmation to the elector, in accordance with section 94A, of that amendment.
6. An elector who knowingly and wilfully fails to comply with subsection (2)—
   1. commits an offence and is liable on conviction to a fine—
      1. not exceeding $50 on a first conviction; and
      2. not exceeding $100 on any subsequent conviction; but
   2. is not, by reason only of that failure, disqualified from voting at an election in the electoral district in which he or she is registered.
7. Despite subsection (6), an elector who gives notice of the matters specified in subsection (2) after the expiry of the period referred to in that subsection but before the commencement of a prosecution is not liable for prosecution for his or her earlier failure to give notice.

89C. Elector must give notice of change of place of residence to different electoral district

1. Electoral districts
   This section applies to an elector who, being registered as an elector of an electoral district, changes his or her place of residence to a different electoral district (the new electoral district).
2. Electoral districts
   After continuously residing in the new electoral district for a period of 1 month, the elector must, before the end of a further 1-month period, give notice of—
   1. the change in his or her place of residence; and
   2. the address of his or her new place of residence.
3. Notice under subsection (2) must be given—
   1. in an approved electronic medium; or
   2. by applying, under section 83, to Registrar B for registration as an elector; or
   3. in writing (personally, or through an agent) to—
      1. Registrar B; or
      2. Registrar A.
4. An elector who has a physical or mental impairment may give notice under subsection (2) through a representative, and section 86 applies with any necessary modifications.
5. If notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(a), Registrar B must—
   1. register that elector, in accordance with section 89, on roll B; and
   2. give notice of that registration to—
      1. the elector, in accordance with section 89A; and
      2. Registrar A, who must, in accordance with section 98(1)(a), remove the elector’s name from roll A.
6. If notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(b), Registrar B must—
   1. deal with the application in accordance with sections 88 to 89A; and
   2. if he or she registers the name of the elector on roll B, give notice of that registration to Registrar A, who must, in accordance with section 98(1)(a), remove the elector’s name from roll A.
7. If notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(c)(i), Registrar B must send that notification to Registrar A.
8. If notice under subsection (2) is given by an elector in the manner permitted by subsection (3)(c)(ii), or if a notification is received by Registrar A under subsection (7), subsections (9) to (13) apply.
9. If Registrar A believes that at least 1 month has elapsed since the change in the elector’s place of residence, Registrar A must send to the elector a request for confirmation of the elector’s new place of residence.
10. A request under subsection (9) must be made—
    1. in writing, in the prescribed form, and contain—
       1. the particulars of the enrolment of the elector to whom it is addressed; and
       2. the address of the elector’s new place of residence; and
       3. provision for the elector to make changes to the information referred to in subparagraphs (i) and (ii); or
    2. in an approved electronic medium that enables the elector to make changes to—
       1. the elector’s particulars of enrolment; and
       2. the particulars of the address of the elector’s new place of residence.
11. An elector who receives a request made pursuant to subsection (10)(a) must, within the time stated by Registrar A, complete and sign the form and return it to Registrar B.
12. An elector who receives a request made pursuant to subsection (10)(b) may respond to that request by sending to Registrar B in an approved electronic medium confirmation of his or her new place of residence.
13. After a form is returned under subsection (11) or a response is received under subsection (12), Registrar B must—
    1. register that elector, in accordance with section 89, on roll B; and
    2. give notice of that registration to—
       1. the elector in accordance with section 89A; and
       2. Registrar A, who must, in accordance with section 98(1)(a), remove the elector’s name from roll A.
14. An elector who knowingly or wilfully fails to comply with subsection (2) commits an offence and is liable on conviction to a fine—
    1. not exceeding $100 on a first conviction; and
    2. not exceeding $200 on any subsequent conviction.
15. Despite subsection (14), an elector who gives notice of the matters specified in subsection (2) after the expiry of the period referred to in that subsection but before the commencement of a prosecution is not liable for prosecution for his or her earlier failure to give notice.
16. In this section,—
    • Registrar A, in relation to an elector, means the Registrar for the electoral district in which the elector previously resided

      Registrar B, in relation to an elector, means the Registrar for the electoral district in which the elector currently resides

      roll A, in relation to an elector, means the roll for the electoral district in which the elector previously resided

      roll B, in relation to an elector, means the roll for the electoral district in which the elector currently resides.

89D. Inquiry to be made to update electoral rolls

1. Every Registrar must, at the times required by or under this section, direct an inquiry to be made in relation to the particulars on the roll for every person registered as an elector of the district.
2. An inquiry must be made,—
   1. where practicable, within the period of 12 months ending with the day on which a Parliament is due to expire; and
   2. at any other time directed by the Electoral Commission.
3. In any year in which a triennial general election of members of any local authority must be held under the Local Electoral Act 2001, every Registrar of a district that is, in part or in whole, within the local government area of a local authority must direct an inquiry to be made concerning the particulars on the roll of every person who—
   1. is registered as an elector of that district; and
   2. appears from those particulars to reside within that local government area.
4. If a roll that is not yet in force has been compiled under section 101(1), the inquiry directed to be made under this section must be in respect of that roll.
5. Every inquiry made under subsection (1) must—
   1. be in the prescribed form; and
   2. contain the particulars on the roll for the elector to whom it is addressed; and
   3. require the elector, if any of those particulars have changed or are incorrect, to notify the Registrar by—
      1. changing or correcting on the form where provided any particular that is wrong, and returning the form; or
      2. using an approved electronic medium to make any change or correction required to the particulars.
6. An elector who has a physical or mental impairment may give a notification required by subsection (5) through a representative, and section 86 applies with any necessary modifications.
7. For the purposes of this section,—
   1. a person registered as an elector includes any person of or over the age of 17 years who has had an application to register as an elector accepted by a Registrar of Electors; and
   2. the particulars contained in the application to register are the particulars on the roll for that person.

89E. No inquiry required if application for registration as elector received

89F. Procedure following inquiry under section 89D

1. If, following an inquiry under section 89D, the Registrar receives notice under section 89D(5)(c) that an elector has changed his or her place of residence and now resides in another electoral district,—
   1. the Registrar must,—
      1. in accordance with section 98(1)(a), remove the elector’s name from the roll for the district in which the elector previously resided; and
      2. ensure that the notification is sent to the Registrar for the new electoral district (the new Registrar); and
   2. the notification is deemed to be an application for registration for the purposes of section 82; and
   3. the new Registrar must register that elector, in accordance with section 89, on the roll for the district in which the elector resides.
2. If, following an inquiry under section 89D, the Registrar receives notice under section 89D(5)(c) of any change or correction to an elector’s particulars, other than a change of place of residence referred to in subsection (1), the Registrar must amend the elector’s particulars on the roll in accordance with that notification.
3. An elector remains on the roll and his or her particulars on the roll remain unchanged if—
   1. the Registrar does not receive from the elector a form or information under section 89D(5)(c); or
   2. the Registrar receives from the elector a form or information under section 89D(5)(c) with no changes.
4. A form that a person intends to return, or returns, under section 89D(5)(c)(i) must be signed and may be rejected for incompleteness, in accordance with subsections (1)(a), (2), and (3) of section 83 (which apply with all necessary modifications), as if the form were an application in respect of registration as an elector.
5. Information that an elector intends to supply, or supplies, electronically under section 89D(5)(c)(ii)—
   1. is not an application in respect of registration as an elector required by section 83(1)(a) to be signed; but
   2. may be rejected for incompleteness under section 83(3) (which applies with all necessary modifications) if it does not include all the details specified in section 83(2)(a), (b), (c), and (h).

89G. Elector who cannot be contacted to be included in dormant roll

1. This section applies if—
   1. a Registrar is notified that an inquiry made under section 89D(1) or a notice sent under section 78(2) cannot be delivered to the elector to whom it is addressed because the whereabouts of the elector are not known; or
   2. at any other time, the elector cannot be contacted at the elector’s address on the roll.
2. If this section applies, a Registrar must—
   1. make any inquiry as to the whereabouts of the elector that the Registrar thinks fit or that the Electoral Commission directs; and
   2. if the Registrar is unable to contact the elector, remove the name of the elector from the roll and include the name in the dormant roll maintained under section 109.

90. Changes of address to be notified

91. Effect of failure to notify change of address

92. Notification of death of registered elector

1. The Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995 must, as soon as is reasonably practicable after the registration of the death of any person of or over the age of 17 years, notify the information described in subsection (2) to the Electoral Commission.
2. The information referred to in subsection (1) is the fact of the death, together with any particulars known to the Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995 that may be required to enable the Electoral Commission—
   1. to determine the electoral district in which the deceased person resided; and
   2. to take appropriate steps in relation to the roll and other records.

93. Notification of marriages and civil unions

1. In this section, Registrar-General means the Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995.
2. As soon as is reasonably practicable after the registration of a marriage under Part 7 of the Births, Deaths, Marriages, and Relationships Registration Act 1995, or the registration of a civil union under Part 7A of that Act, the Registrar-General must provide to the Electoral Commission the following information in respect of each of the parties to the marriage or civil union:
   1. full name:
   2. date of birth:
   3. usual residential address:
   4. date of marriage or civil union.
3. Electoral commission
   Subsection (4) applies if a party to the marriage or civil union is—
   1. registered as an elector of any district; or
   2. a person who has applied under section 82(2) for registration as an elector.
4. Electoral commission
   The Electoral Commission must—
   1. send to the party to the marriage or civil union a notice asking for details of any changes resulting from the marriage or civil union that may be required to the name, address, and occupation under which he or she is registered on the roll; and
   2. if a change is required, amend the roll in accordance with the details supplied.
5. If an amendment to the roll is required under subsection (4) and the amendment does not appear on the main or supplementary roll printed for any election, the person is, if otherwise qualified, entitled to vote at the election under his or her former name as it appears on the roll.

94. Notification of change of name

1. This section applies if a person registers a change of his or her name under section 21B of the Births, Deaths, Marriages, and Relationships Registration Act 1995.
2. The Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995 must provide to the Electoral Commission the following information for the purposes of determining whether any change is required to the name and address under which that person is registered on the roll:
   1. the old name and the new name of the person; and
   2. the person’s date of birth; and
   3. the person’s full residential address.

94A. Confirmation of change of name, address, or other particulars

1. This section applies if the Registrar, in accordance with this Act, amends, in relation to any person whose name appears on the roll, any of the following particulars:
   1. the place of residence of the person, following a change of residence within an electoral district; or
   2. the name of the person; or
   3. any other particulars of a kind specified in section 83(2)(d), (g), or (h).
2. The Registrar must, not later than 14 days after the roll is amended, deliver to that person personally, or send to that person by post, notice in writing of the amendment of the particulars on the roll.

95. Elector’s objection

1. Any elector may at any time object to the name of any person being on the roll for any district on the ground that that person is not qualified to be registered as an elector of that district.
2. Every such objection—
   1. shall be made in writing to the Registrar for the district; and
   2. shall specify—
      1. the name of the objector; and
      2. sufficient particulars to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection.
3. Where the Registrar considers that the particulars included in an objection are insufficient to inform the person objected to of the ground for the objection or the reason or reasons supporting that ground, the Registrar shall by written notice require the objector to provide within 14 days of the giving of the notice such further particulars as the Registrar thinks fit.
4. Where any objector fails to comply with a notice given under subsection (3), the Registrar shall give a second such notice to the objector and, if the objector fails to comply with the second such notice, the Registrar shall take no further action in relation to the objection and shall notify the objector accordingly.

95A. Notice of elector’s objection

1. Subject to subsections (3) and (4) of section 95, the Registrar shall, on receipt of an objection under section 95, forthwith serve on—
   1. the person objected to; or
   2. the person who, under section 12(1) of the Protection of Personal and Property Rights Act 1988, is the welfare guardian for the person objected to; or
   3. the attorney appointed by the person objected to under an enduring power of attorney,—

   notice in writing of the objection, which notice shall include both the name of the objector and the particulars specified by the objector (being particulars sufficient to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection).

2. Any notice issued under subsection (1) shall be served personally in accordance with the rules governing personal service contained in the District Courts Rules 1992.
3. The notice issued by the Registrar under subsection (1) shall also inform the person objected to—
   1. that he or she may forward to the Registrar a statement signed by him or her giving reasons why his or her name should be retained on the roll; and
   2. that his or her name will be retained on the roll if he or she provides the Registrar with evidence that satisfies the Registrar that the name of the person objected to should be retained on the roll; and
   3. that if he or she fails to forward a statement to the Registrar within 14 days after the day on which that notice is served on the person objected to, the Registrar will, under section 95B, remove from the roll the name of the person objected to.
4. Where, after making such inquiry as he or she thinks fit, or the Electoral Commission directs, the Registrar is unable, after making at least 2 attempts to do so, to serve the notice of objection on that person personally, the Registrar shall remove the name of that person from the roll and include the name in the dormant roll maintained under section 109.

95B. Power to remove name from roll

95C. Power to retain name on roll

95D. Reference of elector’s objection to District Court

1. Unless,—
   1. within 14 days after the day on which a notice under section 95A(1) or section 96(2) is served on the person objected to, the objection is withdrawn; or
   2. the name of the person who is objected to is removed from the roll under section 95B or retained on the roll under section 95C,— the Registrar shall refer the objection to a District Court, and shall notify the parties of the time and place appointed for the hearing.
2. Subject to subsection (3), where any party notifies the Registrar that the party is dissatisfied with a decision of the Registrar made under section 95B or section 95C, the Registrar shall refer the objection to a District Court, and shall notify the parties of the time and place appointed for the hearing.
3. Any notification given by a party under subsection (2) shall be in writing and shall be given within 14 days after the day on which the party is notified by the Registrar under section 95B or section 95C, as the case may be.

96. Registrar’s objection

1. The Registrar for any district may at any time object to the name of any person being on the roll for the district on the ground that the person is not qualified to be registered as an elector of that district.
2. The Registrar shall forthwith give to—
   1. the person objected to; or
   2. the welfare guardian appointed for the person objected to under section 12(1) of the Protection of Personal and Property Rights Act 1988; or
   3. the attorney appointed by the person objected to under an enduring power of attorney,—

   notice in writing of the objection and of such particulars of the objection as are sufficient to inform the person objected to of the ground for the objection and the reason or reasons supporting the ground for objection.

3. The notice issued by the Registrar under subsection (2) shall be served personally in accordance with the rules governing personal service contained in the District Courts Rules 1992.
4. The notice issued by the Registrar under subsection (1) shall also inform the person objected to—
   1. that he or she may forward to the Registrar a statement signed by him or her giving reasons why his or her name should be retained on the roll; and
   2. that his or her name will be retained on the roll if he or she provides the Registrar with evidence that satisfies the Registrar that the name of the person objected to should be retained on the roll; and
   3. that if he or she fails to forward a statement to the Registrar within 14 days after the day on which that notice is served on the person objected to, the Registrar will, under section 95B, remove from the roll the name of the person objected to.
5. Where, after making such inquiry as he or she thinks fit, or as the Electoral Commission directs, the Registrar is unable, after making at least 2 attempts to do so, to serve notice of objection on that person personally, the Registrar shall remove the name of that person from the roll and include the name in the dormant roll maintained under section 109.
6. Nothing in this section affects the provisions of this Act as to the removal of names from the roll by the Registrar.

97. Procedure on reference of application or objection to District Court

1. The following provisions of this section shall apply with respect to proceedings on the reference to a District Court of an objection under section 95 or section 96.
2. The Registrar of Electors, any objector, and the person objected to may appear before the court either in person or by some person appointed by him or her in writing or by a barrister or solicitor.
3. In the case of an objection, the person objected to may forward to the Registrar of the court a statement signed by him or her giving reasons why his or her name should be retained on the roll, and the court shall take any such statement into account in determining the objection.
4. If a person objected to has a physical or mental impairment, that person’s representative may sign and forward to the Registrar a statement giving reasons why the person’s name should not be removed from the roll.
5. If any person objected to does not either appear or forward a statement as aforesaid, the court shall make an order that his or her name be removed from the roll.
6. Except as otherwise provided in this section, the name of any person objected to shall not be removed from the roll until the objection has been determined.
7. At the hearing of an objection no grounds of objection shall be taken into account except those specified in the particulars of the objection.
8. In any proceedings to which this section applies the court may make such order as to costs as the court thinks fit.
9. Subject to the provisions of this section, the ordinary rules of procedure of the court shall apply.
10. The Registrar of Electors shall make any additions, deletions, and alterations to the roll that may be necessary to give effect to the order of the court.

98. Removal of names from roll by Registrar

1. Subject to subsection (6), the Registrar shall remove from the roll—
   1. the name of every person who, consequent on a change in his or her place of residence,—
      1. is not qualified to be registered as an elector of the district; and
      2. resides in, and is registered as an elector of, another district:
   2. the name of every person of whose identity the Registrar is satisfied and whose death has been notified to the Registrar—
      1. by any Registrar of Births and Deaths; or
      2. by the father, mother, or spouse, civil union partner, or de facto partner of that person or by a sister or brother of that person:
   3. [Repealed]
   4. the name of every person who, as a result of an inquiry made at that person’s address on the roll, the Registrar of Electors has reason to believe has ceased for 1 month or upwards to reside in the district:
   5. the name of every person whose name is entered on the Corrupt Practices List made out for any district:
   6. the name of every person whose disqualification under section 80—
      1. is duly certified to the Registrar; or
      2. is duly notified to the Registrar under section 81:
   7. the name of every person who, being a Maori,—
      1. has indicated his or her choice, pursuant to section 78, to be registered as an elector for a different type of electoral district; or
      2. is registered in contravention of section 79:
   8. where the roll is for a Maori electoral district, the name of every person who is not a Maori:
   9. the name of every person who has been registered for the district—
      1. by mistake; or
      2. by clerical error; or
      3. as a result of false information.
2. Notwithstanding anything in this Act, the Registrar, on being satisfied that the name of any person has been omitted or removed from the roll—
   1. by mistake; or
   2. by clerical error; or
   3. as a result of false information,—

   may place the name of that person on the roll at any time or restore the name of that person to the roll at any time.

3. In addition to other powers of alterations conferred by this Act, the Registrar may at any time, subject to subsection (6), alter the roll—
   1. by correcting any mistake or omission in the particulars of the enrolment of a person:
   2. by striking out the superfluous entry when the name of a person appears more than once on the roll.
4. Electoral districts
   Where—
   1. a person has been registered as an elector of a district other than the district in which the person should have been registered; and
   2. the person’s name has, pursuant to subsection (1)(h) or subsection (1)(i), been removed from the roll of the district for which the person was correctly registered,-

   the Registrar of the district in which the person should have been registered may, subject to subsection (6), place that person’s name on the roll for that district.

5. Where, pursuant to this section, the name of a person is removed from the roll in the period commencing on the day after writ day and ending on the day before polling day, the Registrar shall, on removing that name, enter it on a list to be known as the list of post-writ day deletions.
6. No alteration pursuant to this section shall be made to the roll for a district in the period beginning on polling day and ending on the day after the day of the return of the writ.

99. Notice of alterations to roll

1. Where, pursuant to any of the provisions of paragraphs (c) to (i) of section 98(1), the name of a person is removed from the roll, the Registrar shall, in accordance with subsection (3) or subsection (4), deliver or send to that person, notice in writing of the removal of that person’s name from the roll.
2. Where the name of a person (being a name which, pursuant to section 98(1)(h) or section 98(1)(i), has been removed from a roll) is entered, pursuant to section 98(4), on another roll, the Registrar who enters that person’s name on that other roll shall, in accordance with subsection (3) or subsection (4), deliver or send to that person notice in writing of the entry of that person’s name on that other roll.
3. Subject to subsection (4), the notice required by subsection (1) or subsection (2)—
   1. shall be delivered to the person personally or sent to the person by post; and
   2. shall be so delivered or sent not later than 14 days after the date on which,—
      1. where the notice is required by subsection (1), the person’s name is removed; or
      2. where the notice is required by subsection (2), the person’s name is entered.
4. Where the name of a person is removed or entered, as the case may be, in the period beginning on the day after writ day and ending on the day before polling day, the notice required by subsection (1) or subsection (2) shall forthwith be delivered to that person personally.

100. Corrupt Practices List

1. Where it is proved before the Registrar for any district that any person who is registered or who applies for registration as an elector of the district has, within the immediately preceding period of 3 years,—
   1. been convicted of a corrupt practice; or
   2. been reported by the High Court in its report on the trial of an election petition to have been proved guilty of a corrupt practice,—

   the Registrar shall enter the name, residence, and description of that person and particulars of the conviction or report on a list to be called the Corrupt Practices List.

2. The Registrar shall remove the name of every person from the Corrupt Practices List at the expiration of 3 years from the date of the conviction or report in respect of which his or her name is entered on the list, or sooner if so ordered by the High Court.
3. Whenever a main roll is printed for the district, a copy of the Corrupt Practices List for the district shall be appended to it and printed and published with it.
4. Whenever a supplementary roll is printed for the district, a copy of so much of the Corrupt Practices List as has not been printed with the main roll or any existing supplementary roll for the district shall be appended to the supplementary roll and printed and published with it.

101. Electoral rolls

1. Electoral commission
   Where a notice is gazetted under section 40(1)(b) or section 45(9)(b), the Electoral Commission shall—
   1. decide, on the basis of the then existing rolls, which of the electors are entitled to be registered as electors of each electoral district whose boundaries are fixed by the report to which the notice relates; and
   2. compile for each electoral district whose boundaries are fixed by the report to which the notice relates a list of persons appearing to be entitled to be registered as electors of that electoral district (in this section called the compiled list).
2. For the purposes of any inquiry under section 89D which is considered before the dissolution or expiration of the Parliament in existence when any list is compiled pursuant to subsection (1)(b), the compiled list shall be the electoral roll for the district to which it relates.
3. For the purposes of the printing of the main rolls and the supplementary rolls, each compiled list shall, if the Electoral Commission so directs, be the electoral roll for the district to which it relates.
4. Where a compiled list is, under subsection (2) or subsection (3), the electoral roll for the district to which it relates, that electoral roll shall come into force on the dissolution or expiry of the then existing Parliament.
5. The compiled lists shall be compiled immediately before—
   1. the next succeeding inquiry under section 89D; or
   2. the printing of the main rolls (where the Electoral Commission directs that, for the purposes of the printing of the main rolls and the supplementary rolls, each com- piled list shall be the electoral roll for the district to which it relates),—

   whichever is the earlier.

6. Every roll to which subsection (4) applies, as it may be updated from time to time following an inquiry under section 89D, continues in force until a new roll for the district is compiled and comes into force.
7. The Registrar shall keep every roll to which subsection (4) applies up to date by making all such additions, alterations, and deletions as become necessary.

102. Maintenance of rolls being replaced

1. Where the Electoral Commission has compiled the lists referred to in section 101(1)(b), the respective Registrars of Electors shall not be obliged to keep up to date the rolls for the districts that were in existence immediately before the gazetting under section 40(1)(b) or section 45(9)(b) of the notice that immediately preceded the compilation of those lists.
2. Notwithstanding subsection (1), the Electoral Commission shall ensure that each Registrar of a district to which that subsection applies has available to him or her, until the roll for that district ceases to be in force, all information necessary to enable him or her to bring his or her roll up to date in the event of a by-election in that district (which information may include or consist of photocopies of original documents).
3. Where a by-election is to take place in a district to which subsection (1) applies, the Registrar of that district shall cause an up to date composite roll for the district to be closed and printed as at writ day for the by-election.
4. Where a by-election has taken place in a district to which subsection (1) applies, the Registrar of that district shall, after the time allowed for the filing of an election petition in respect of the by-election has expired or, where an election petition is filed in respect of that by-election, after that election petition has been finally disposed of, send to other Registrars of Electors such of the original applications for registration as electors held by him or her as the Electoral Commission specifies.

103. Rolls where Parliament dissolved after change of boundaries and before new rolls completed

1. Electoral commission
   Where a Parliament is dissolved in the period between the gazetting of a notice under section 40(1)(b) or section 45(9)(b) and the completion of the compilation of the rolls pursuant to section 101, the Electoral Commission shall—
   1. comply with paragraphs (a) and (b) of section 101(1); and
   2. direct which of the applications for registration as electors which constituted the rolls of the electoral districts that were defined immediately before the report to which that notice relates took effect shall be sent to the respective Registrars of the electoral districts fixed by that report.
2. Subject to subsection (3), each list compiled under section 101(1)(b) (as applied by subsection (1)(a) of this section) shall be the electoral roll for the district to which it relates and shall come into force as soon as it is compiled.
3. The applications for registration sent, pursuant to a direction under subsection (1)(b), to the Registrar of an electoral district shall, on being received by that Registrar, constitute the electoral roll for the district and the electoral roll specified in subsection (2) shall (without its status as a main roll being affected) then cease to have effect as the electoral roll for the district.
4. Every electoral roll to which subsection (3) applies, as it may be updated from time to time following an inquiry under section 89D, continues in force until a new electoral roll for the district is compiled and comes into force.
5. The Registrar shall keep every electoral roll to which subsection (2) or subsection (3) applies up to date by making all such additions, alterations, and deletions as become necessary and any additions, alterations, and deletions made to an electoral roll to which subsection (2) applies shall be incorporated, where necessary, in the electoral roll which supersedes it by virtue of subsection (3).

104. Main roll to be printed

1. The Registrar for every district shall, at least once in each year, cause to be printed a main roll for the district, which shall contain a list of all persons whose names are lawfully on the electoral roll for the district on a date to be fixed for the closing of the main rolls.
2. The date to be fixed for the purposes of subsection (1) shall,—
   1. in the case of a year in which Parliament is due to expire, be fixed by the Governor-General by Order in Council published in the Gazette; and
   2. in the case of any other year, be fixed by the Electoral Commission by notice in the Gazette.
3. Every main roll printed for any district under this section shall be the main roll for the district until a new main roll is printed for the district.

105. Supplementary rolls to be printed

1. The Registrar for every district shall from time to time cause to be printed a supplementary roll for the district, which shall contain a list of all persons whose names do not appear on the main roll or any existing supplementary roll for the district but are lawfully on the electoral roll for the district on a date to be fixed for the closing of that supplementary roll by the Electoral Commission:

   provided that a supplementary roll shall be printed as soon as may be after the issue of a writ for an election in the district, and the date for the closing of that roll shall be writ day.

2. Every supplementary roll printed for any district under this section shall be a supplementary roll for the district until a new main roll is printed for the district.

106. Form of main roll and supplementary rolls

1. Every main roll or supplementary roll printed for any district shall show the names, residences, and occupations (if any) of the persons included therein, arranged alphabetically in order of surnames.
2. The names on each page of the main roll and of every supplementary roll printed for any district shall be numbered consecutively, beginning with the number 1 in the case of the first name on each page.
3. The pages of every main roll or supplementary roll printed for any district shall be numbered consecutively, beginning with the number 1 in the case of the first page of the main roll and, in the case of a supplementary roll, with the number immediately following the number of the last page of the last printed roll of the district, whether main or supplementary.
4. The number appearing on the main roll or, as the case may be, on any supplementary roll printed for any district against the name of any elector, preceded by the number of the page on which his or her name appears, shall be deemed to be his or her number on the roll.
5. With the consent of the Government Statistician, the Registrar may divide the main electoral roll and every supplementary roll into such statistical subdivisions, as the Government Statistician approves.

107. Composite rolls

1. The Registrar of Electors for any district may from time to time cause to be printed a composite roll for the district, which roll—
   1. shall, subject to any additions, alterations, and deletions made to the electoral roll for the district, contain a list of—
      1. all persons whose names appear on the main roll for the district; and
      2. all persons whose names appear on any existing supplementary roll for the district; and
      3. all persons whose names do not appear on the main roll for the district or any existing supplementary roll for the district but are lawfully on the electoral roll for the district on a date to be fixed for the closing of that composite roll by the Electoral Commission; and
   2. shall, subject to paragraph (a), be printed in the manner prescribed by section 106 in respect of a main roll.
2. Notwithstanding anything in subsection (1), in the case of a by-election in any district, the Registrar of Electors for that district shall cause a composite roll for that district to be closed and printed as at writ day for the by-election.
3. Where the date for the closing of a composite roll for a district is writ day in relation to an election in that district, the Registrar of Electors—
   1. shall cause the composite roll to be printed as soon as may be after the issue of the writ for the election; and
   2. shall not be obliged to issue a supplementary roll for the district under the proviso to section 105(1) in relation to that election.
4. Where a composite roll for a district is printed under this section,—
   1. the composite roll shall, notwithstanding section 104(3), be the main roll for the district until a new main roll is printed for the district under section 104(1) or a new composite roll is printed for the district under this section; and
   2. the main roll and any supplementary rolls that were in force for the district immediately before the date of the closing of the composite roll shall cease to be in force.
5. Nothing in this section—
   1. limits the provisions of section 104(1); or
   2. prevents any main roll or supplementary roll that is no longer in force from being examined for the purpose of determining—
      1. whether any person’s name should appear on the main roll or any supplementary roll for the time being in force for any district; or
      2. whether any person is qualified to vote in any district as a special voter.

108. Habitation indexes

109. Dormant roll

1. The Registrar must maintain a dormant roll showing the particulars of those persons whose names have been removed from the roll for the district—
   1. under section 89G; or
   2. as a result of the removal of the name of that person from the roll under section 95A(4) or section 96(5).
2. The Registrar must remove the name of a person from the dormant roll on the first occurrence of any of the following events:
   1. in the case of a person whose name has been removed from the electoral roll under section 89G, when the person registers as an elector of any district; or
   2. in the case of a person whose name has been removed from the electoral roll under section 95A(4) or section 96(5), when the person registers as an elector of any district; or
   3. in the case of a person who dies, when the Registrar is satisfied of the identity of the person and the death has been notified to the Registrar—
      1. by any Registrar of Births and Deaths; or
      2. by the father, mother, spouse, civil union partner, de facto partner, sister, or brother of the person; or
      3. by the administrator of the estate of the person; or
   4. the expiration of the period of 3 years beginning with the date on which the person’s name was placed on the dormant roll.
3. The Registrar must keep, for the purposes of the next election to be held in the district to which the dormant roll relates, a copy of the dormant roll as it exists on the day before polling day.
4. The Registrar must from time to time cause to be printed a computer-compiled list showing, in relation to each person whose name appears on the dormant roll, the person’s name and place of residence.
5. The dormant roll as it exists on the day before polling day may be used for the purpose of determining whether any person is qualified, under section 60(c) or (d), to vote at any election held in the district to which the roll relates.

110. Public inspection of rolls, etc

1. Electoral districts
   A copy or copies of—
   1. the main roll and of the supplementary rolls for any district; and
   2. the latest index compiled under section 108 in respect of the electoral district; and
   3. the most recent computer-compiled list printed pursuant to section 109(5) for the electoral district—

   shall be kept for inspection by the public at the Office of the Registrar of Electors, and at such other places within the district as the Electoral Commission directs.

2. Any direction given by the Electoral Commission may be given in respect of any or all of the categories of documents specified in subsection (1).
3. Any person may inspect at the Registrar’s office, without payment, at any time between 9 am and 4 pm on any day on which the office is open for the transaction of business,—
   1. the documents specified in subsection (1):
   2. the most recent computer-compiled list which is held by the Registrar and which shows the names and particulars of the persons who are on the roll for the district:
   3. the names and particulars of any person whose name is on the electoral roll but not on the main roll or any supplementary roll or the most recent computer-compiled list to which paragraph (b) applies:
   4. the application of any person who has applied to be registered as an elector of the district but who is prevented, by section 88, from being registered as an elector of the district:
   5. his or her own application for registration as an elector:
   6. the application for registration of any person whose name is on the electoral roll if—
      1. that person consents to his or her application being inspected; or
      2. the Registrar is satisfied that the inspection of the application is justified by a genuine and proper interest:
   7. the list of post-writ day deletions referred to in section 98(5).
4. In the case of—
   1. the computer-compiled list printed pursuant to section 109(5); and
   2. the computer-compiled list referred to in subsection (3)(b)—

   neither the power of inspection conferred by subsection (3) nor the power to inspect the list when it is made available for public inspection under section 111 includes the power to copy the list.

5. Any person may, on paying the prescribed fee, obtain a copy of—
   1. the main or supplementary roll for a district:
   2. an index compiled under section 108.
6. Regulations made under section 267—
   1. may prescribe a scale of fees for the purposes of subsection (5); and
   2. shall provide for any fee payable under subsection (5) to be reduced wherever the copy of the roll or index is required for any purpose relating to an election or poll.
7. Where any person is entitled, pursuant to any provision of paragraphs (d) to (f) of subsection (3), to inspect any application, the Registrar shall produce that application for inspection not later than 2 working days after a request has been made.
8. Electoral districts
   Where land in a General electoral district is included within the boundaries of a Maori electoral district, a copy of the most recent computer-compiled list printed pursuant to section 109(5) in respect of the Maori electoral district shall be kept open for inspection by the public at the office of the Registrar of the General electoral district as well as at the office of the Registrar of the Maori electoral district.

111. Inspection of rolls at hui

1. Electoral districts
   Subject to subsection (2), the Electoral Commission shall, at the request of any person, make available for public inspection, under the supervision of any Registrar of Electors or person nominated by the Electoral Commission, at any meeting or hui—
   1. the main roll and the supplementary rolls kept for any district:
   2. the most recent computer-compiled list which is held by the Registrar of Electors for any district and which shows the names and particulars of the persons who are on the roll for the district:
   3. any computer-compiled list printed pursuant to section 109(5).
2. A request made under subsection (1) shall not be granted unless the Electoral Commission is satisfied that a large number of persons are likely to attend the meeting or hui in respect of which the request is made.
3. Where a roll or list is made available for public inspection under subsection (1), the roll or list shall be made available at such times and places as the Electoral Commission thinks fit.

111A. Objectives of sections 111B to 111F

111B. Interpretation of terms in sections 111C to 111F

111C. Electoral Commission may seek consent of Maori electors to supply of information to designated body

1. The Electoral Commission may seek the consent of any Maori elector to the supply by the Electoral Commission from time to time of the particulars described in subsection (2) to the designated body for the purpose of establishing and maintaining a register or registers of iwi affiliations.
2. The particulars referred to in subsection (1) are—
   1. the elector’s name, including first names, surname, and preferred honorific (if any):
   2. the elector’s postal address, email address (if any), and contact telephone numbers (if any):
   3. the elector’s date of birth:
   4. any randomly generated number assigned to that elector by the Electoral Commission.
3. The Electoral Commission may ask a Maori elector—
   1. whether the Maori elector consents to the supply of his or her iwi affiliation information to the designated body for the purpose of establishing and maintaining a register or registers of iwi affiliations; and
   2. if the answer under paragraph (a) is in the affirmative,—
      1. to give his or her iwi affiliation information; and
      2. if the elector wishes, to specify the iwi organisation or organisations or other Maori organisation or organisations to which the elector’s iwi affiliation information may be supplied by the designated body.
4. Despite subsections (1) and (3), the Electoral Commission must not seek the consent under this section of a person in respect of whom the Electoral Commission has given a direction under section 115.
5. If the Electoral Commission seeks the consent of a person under this section, the Electoral Commission must advise the person of the provisions of section 111D(4) and section 111F(1) to (4).
6. If the Electoral Commission seeks the consent of a person under subsection (1), the Electoral Commission must advise the person that a consent given under that subsection may be withdrawn at any time.
7. The Electoral Commission—
   1. may hold iwi affiliation information obtained in response to a request under subsection (3) only for such time as is reasonable for the purpose of forwarding that information to the designated body; and
   2. must not retain any of that iwi affiliation information.

111D. Electoral Commission may supply information to designated body

1. The Electoral Commission may supply the information described in subsection (2) to the designated body if—
   1. the Electoral Commission has obtained the consent of a Maori elector under section 111C(1) (and that consent has not been withdrawn); and
   2. the Electoral Commission has under section 111C(3) obtained the consent of a Maori elector to the supply of the iwi affiliation information of that elector.
2. The information referred to in subsection (1) is—
   1. the particulars of the elector described in section 111C(2); and
   2. the elector’s iwi affiliation information; and
   3. if, under section 111C(3)(b)(ii), the elector specified a particular organisation or organisations to which the iwi affiliation information may be supplied, the name of that organisation or those organisations.
3. The Electoral Commission may charge a reasonable fee for the supply of information to the designated body under this section.
4. Information supplied under this section is supplied for the purpose of enabling the designated body to—
   1. establish and maintain a register or registers of iwi affiliations; and
   2. supply the information on that register or registers to any organisation to which it is authorised to supply that information under section 111F.
5. Except as required for the purpose described in subsection (4), the designated body must not use the information supplied to it under this section to create or maintain information on the whakapapa of any Maori elector.

111E. Ministers of Justice and Maori Affairs may designate body to receive information

1. The Minister of Justice and the Minister of Maori Affairs may, by notice in the Gazette, designate any person or body of persons (whether corporate or unincorporate) as suitable to receive the information described in subsection (2) for the purpose of establishing and maintaining a register or registers of iwi affiliations.
2. The information referred to in subsection (1) is—
   1. information described in section 111C(2); and
   2. information described in section 111C(3)(b).
3. The Minister of Justice and the Minister of Maori Affairs must not designate a person or body of persons under subsection (1) unless the Ministers are satisfied that—
   1. the person or body of persons has adequate procedures in place to ensure that it is accountable to the organisations to which it is authorised to supply information under section 111F; and
   2. the person or body of persons is financially viable and can demonstrate prudent and adequate management policies and practices, including in matters of financial management; and
   3. the person’s or body of persons’ information management policies and practices are adequate to ensure compliance with this Act and the Privacy Act 1993; and
   4. the person or body of persons has the ability to fund the establishment and maintenance of the register of iwi affiliations; and
   5. the person or body of persons meets any other criteria that may be specified in regulations made under section 267(c).
4. The Minister of Justice and the Minister of Maori Affairs may, at any time, by notice in the Gazette, revoke a designation made under subsection (1).

111F. Designated body may supply information from register of iwi affiliations to iwi organisation and other Maori organisation

1. The designated body may supply the information in relation to a particular Maori elector that is held on a register of iwi affiliations—
   1. if the Maori elector has specified a particular organisation or organisations under section 111C(3)(b)(ii), to that organisation or organisations; or
   2. in any other case, to any iwi organisation or organisations or other Maori organisation or organisations that the designated body is satisfied represents the iwi to which the Maori elector claims an affiliation.
2. If the designated body is satisfied that iwi affiliation information given by a Maori elector under section 111C(3)(b)(i) contains a spelling error or other obvious mistake, but the designated body is satisfied that it is clear to which iwi the Maori elector was referring, the designated body may apply subsection (1) as if the elector had specified that iwi.
3. If the designated body is satisfied that the name of an organisation or organisations specified by a Maori elector under section 111C(3)(b)(ii) contains a spelling error or other obvious mistake, but the designated body is satisfied that it is clear to which organisation or organisations the elector was referring, the designated body may apply subsection (1) as if the elector had specified that organisation or organisations.
4. Information supplied under this section is supplied for the purposes of the iwi organisation or other Maori organisation to which it is supplied.
5. Any fee charged by the designated body for the supply of information under this section must be a reasonable fee.

112. Supply of information on age and Maori descent

1. Electoral commission
   Any person may, in the manner specified in subsection (3), request the Electoral Commission to provide to that person,—
   1. Reference to science
      for the purposes of research conducted by that person on a topic that relates to a scientific matter,—
      1. a list of electors in a particular age group as defined in section 114(9); or
      2. a list of electors of Maori descent; or
   2. for the purposes of research being conducted by that person on a topic that relates to human health,—
      1. a list of electors whose birthdays fall within a period of 12 months; or
      2. a list of electors of Maori descent.
2. Every list supplied pursuant to a request under subsection (1) shall specify, in relation to each elector on that list, his or her name, postal address, residential address, occupation (if any), preferred honorific (if any), and meshblock.
3. Any request made under subsection (1) may seek information about electors appearing to be entitled to vote in—
   1. 1 or more named electoral districts; or
   2. all electoral districts; or
   3. 1 or more named regions or constituencies of a region; or
   4. 1 or more named territorial authority districts; or
   5. 1 or more named wards; or
   6. 1 or more named community board areas;—

   but shall not include any request for a random sample of electors.

4. Every list supplied following a request under subsection (1) may be supplied in the form of a computer-compiled list or in electronic form.
5. Electoral commission
   The Electoral Commission shall comply with a request under subsection (1) if—
   1. the person requesting the list pays the prescribed fee; and
   2. Reference to science
      the person requesting the list supplies a statement that the list is required for research being conducted by that person on a topic which is specified in the statement and which relates to a scientific matter or to human health; and
   3. the statement supplied under paragraph (b) is signed by the chief executive of any department, organisation, or local authority to which the Official Information Act 1982 or the Local Government Official Information and Meetings Act 1987 applies; and
   4. the person requesting the list states in a form to be provided by the Electoral Commission that the list is required for the purpose of that person’s research and will not be used for any other purpose; and
   5. the Electoral Commission is satisfied that the list should be provided; and
   6. if the person requesting the list requires the list to be supplied in electronic form, that person supplies to the Electoral Commission a storage medium for that electronic information that complies with the prescribed requirements.

113. Supply of computer-compiled lists and electronic storage media to local authorities

1. Subject to this section, if an electoral official of a local authority (as defined in section 5 of the Local Electoral Act 2001) wishes to obtain specified information for the purposes of any election, by-election, or poll that is required by or under any Act, the electoral official is entitled to obtain from the Electoral Commission a computer-compiled list or electronic storage medium containing that information.
2. For the avoidance of doubt, it is hereby declared that subsection (1) shall not apply where the list or information is required for the purpose of determining whether or not there has been a valid demand for a poll or a survey of electors.
3. The specified information, which shall be provided free of charge, shall be provided in accordance with any regulations made pursuant to section 267.
4. Any electronic storage medium supplied by the Electoral Commission must be returned to the Electoral Commission as soon as practicable after use.
5. Where the specified information is requested for a by-election or poll to be conducted at some time other than a triennial general election, the Electoral Commission may supply only such of the specified information as is relevant to the conduct of the by-election or poll.
6. If an electoral official requires specified information for any purpose other than a purpose specified in subsection (1), and the latest information already available to the electoral official is not suitable for the purpose, the electoral official may make a special request to the Electoral Commission for the information, which must be supplied subject to, and in accordance with, any regulations made under section 267.
7. [Repealed]
8. Regulations made under section 267 may prescribe—
   1. fees for the supply of an electronic storage medium by the Electoral Commission in any case; and
   2. fees for providing information under this section on an electronic storage medium in any case to which subsection (1) does not apply.
9. Municipal government
   If an electoral official of a local authority (as defined in section 5 of the Local Electoral Act 2001) wishes to obtain, for the purposes of compiling a roll of electors for the local authority and for no other purpose, any specified information, the Electoral Commission may, in accordance with regulations made under this Act, give that electoral official, on payment of the prescribed fee, a computer-compiled list or electronic storage medium containing that information.
10. Municipal government
    Any electoral official of a local authority (as defined in section 5 of the Local Electoral Act 2001) may, on payment of the prescribed fee, and in accordance with regulations made under this Act, obtain from the Electoral Commission a computer- compiled list or electronic storage medium containing specified information, for the purpose of conducting an election for any body, where the Electoral Commission is satisfied that—
    1. the body is established by statute or is a corporate or unincorporate body established by a local authority or local authorities or is a body contracted by a local authority or local authorities to provide services to some or all local residents or is a body that provides health services or disability support services or electricity supply or is a trust that owns shares in a body or bodies involved in electricity supply to some or all local residents; and
    2. the body has in place procedures for the democratic conduct of its elections; and
    3. it is in the public interest that the election be conducted by a local authority.
11. Municipal government
    Nothing in subsection (9A) or subsection (9D) requires a local authority to conduct an election on behalf of any other body but, where a local authority conducts an election for another body, the local authority may impose a charge in respect of the conduct of the election.
12. Where any officer of a body designated by notice in writing pursuant to subsection (9D) wishes to obtain, for the purpose of compiling a roll of electors for an election and for no other purpose, any specified information, the Electoral Commission may, in accordance with regulations made under this Act, give that officer, on payment of the prescribed fee, a computer-compiled list or electronic storage medium containing that information.
13. The Minister may, by notice in writing, designate bodies for the purposes of subsection (9C) if the Minister is satisfied that—
    1. the body has in place procedures for the democratic conduct of its elections; and
    2. it is in the public interest that the elections are conducted using the specified information.
14. For the purposes of this section, the term specified information means, in respect of each elector appearing to reside in the appropriate area and entitled to vote in the election, by-election, or poll, so much of the following information as is requested by an electoral officer or electoral official or designated body:
    1. the elector’s name, including first names, surname, and preferred honorific (if any):
    2. the elector’s residential address and postal address (if different):
    3. the elector’s occupation (if any):
    4. the elector’s electoral district (whether Maori or General):
    5. statistical meshblock details:
    6. a description of each—
       1. region or constituency of a region; or
       2. territorial authority district; or
       3. ward; or
       4. community board area; or
       5. other local authority and, where appropriate, local authority subdivision,— in respect of which the elector appears to be entitled to vote.

114. Supply of electoral information to candidates, political parties, and members of Parliament

1. The Electoral Commission must supply to a person specified in subsection (2), on a request made in accordance with this section by that person,-
   1. the information described in subsection (3); and
   2. if the person so requests, the information described in subsection (4).
2. The persons referred to in subsection (1) are—
   1. any candidate or any person acting on behalf of a political party who wishes to obtain the information for the purposes of the candidate or the political party:
   2. any candidate or any person acting on behalf of a political party who wishes to obtain the information for the purposes of the candidate or the political party in connection with any local authority elections:
   3. a member of Parliament or person acting on behalf of a member of Parliament who wishes to obtain the information for the purposes of the member of Parliament:
   4. [Repealed]
   5. any other person charged with responsibilities in relation to the conduct of any official publicity or information campaign to be conducted on behalf of the Government of New Zealand and relating to electoral matters or the conduct of any general election or by-election.
3. The information referred to in subsection (1)(a) is—
   1. the names, residential addresses, occupations (if any), preferred honorifics (if any), meshblock, and postal addresses of, and any randomly generated number assigned by the Electoral Commission to, any or all of the following persons:
      1. the electors of an electoral district:
      2. the persons whose names are on the dormant roll for an electoral district:
      3. the electors of an electoral district who were registered as electors for that district on or after the date fixed for the closing of the main roll for the district pursuant to section 104, or on or after a date nominated by the applicant, that date being not earlier than the date on which the roll was last closed for printing:
      4. the electors of an electoral district whose names have been removed from the electoral roll for that district on or after a date nominated by the applicant, that date being not earlier than the date on which the roll was last closed for printing; and
   2. if the person to whom the information is being supplied is one described in subsection (2)(b), the electors of a local authority district or subdivision of a local authority district.
4. The information referred to in subsection (1)(b) is,—
   1. whether the elector is of Maori descent; or
   2. a list of electors of Maori descent; or
   3. the age group within which the elector appears; or
   4. a list of electors in a particular age group; or
   5. any or all of the above.
5. Information supplied by the Electoral Commission under this section may be supplied—
   1. in the form of a computer-compiled list; or
   2. in electronic form, including by the giving of remote access to the information by electronic means.
6. A request for information from a person described in subsection (2)(a), (b), or (c) must,—
   1. if the information is sought in electronic form supplied on an electronic storage medium, be accompanied by a storage medium for that electronic information; and
   2. be accompanied by the prescribed fee; and
   3. be accompanied by a statement, on a form to be provided by the Electoral Commission, by the person seeking the information that the information is required for purposes permitted by this section and will not be used for any purpose other than those for which it is supplied.
7. A request for information from a person described in subsection (2)(d) or (e) must, if the information is sought in electronic form supplied on an electronic storage medium, be accompanied by a storage medium for that electronic information.
8. Regulations made under section 267 may prescribe fees, or a scale of fees, for the supply of computer-compiled lists and electronic storage media by the Electoral Commission to any person under this section, and for the giving of remote access to the information by electronic means.
9. For the purposes of this section and section 112(1)(a),—
   • age group means, in relation to electors, those whose birthdays fall within a period of 5 years (being the first half or the second half of a decade)

     decade means a period of 10 years that begins with a year that is divisible, without remainder, by 10.

114A. General provision concerning supply of information by Electoral Commission in electronic form

115. Unpublished names

1. Notwithstanding sections 101, 104, 105, 107, 108, and 110(3)(c) and (d), where the Electoral Commission is satisfied, on the application of any person, that the publication of that person’s name would be prejudicial to the personal safety of that person or his or her family, the Electoral Commission may direct that—
   1. the name, residence, and occupation of that person shall not be published in any main or supplementary roll or in any list or index that may be available for inspection by the public; and
   2. the name and particulars of that person shall not be available for inspection under section 110(3)(c); and
   3. the application for registration of that person shall not be available for inspection under section 110(3)(d).
2. Without limiting the discretion conferred on the Electoral Commission by subsection (1), the Electoral Commission may on the production of—
   1. a protection order that is in force under the Domestic Violence Act 1995 in respect of any person; or
   2. a restraining order that is in force under the Harassment Act 1997 in respect of any person; or
   3. a statutory declaration from a constable to the effect that he or she believes that the personal safety of a person or of a person’s family could be prejudiced by the publication of that person’s name,—

   exercise in respect of that person’s name, and without further evidence or inquiry, the power conferred on the Electoral Commission by that subsection.

116. Offences relating to use of electoral information

1. Every person commits an offence who knowingly and wilfully supplies, receives, or uses information supplied in electronic form, or derived from information supplied in electronic form, under section 112, 113, or 114 for a purpose other than a purpose authorised by those sections.
2. Every person who commits an offence against this section is liable on conviction,—
   1. in the case of information supplied, received, or used for a commercial purpose, to a fine not exceeding $50,000; or
   2. in any other case, to a fine not exceeding $10,000.

117. Offences in respect of manipulating or processing electoral information

1. Every person commits an offence who processes, manipulates, or otherwise changes by optical scanning or other electronic or mechanical means, any information obtained pursuant to section 112 or section 113 or section 114 or contained in any habitation index or any printed roll, in such a way as to produce that information or part of that information in a different form from that in which it was supplied under this Act.
2. It shall not be an offence against subsection (1) to process, manipulate, or otherwise change information obtained pursuant to any of the provisions of sections 112 to 114 into a different form if—
   1. the processing or manipulation is done, or the change is effected, by or on behalf of the person by whom the information was obtained; and
   2. the information, in its different form, is used only for purposes authorised by the provision under which it was obtained.
3. It shall not be an offence against subsection (1) to process, manipulate, or otherwise change information obtained pursuant to any of the provisions of sections 112 to 114 or contained in any habitation index or any printed roll into a different form if the information was obtained under this Act more than 10 years before the date on which the processing or manipulation is done or the change is effected.
4. Every person who commits a breach of subsection (1) is liable on conviction to a fine not exceeding $50,000.
5. Every person commits an offence who—
   1. uses for any purpose; or
   2. supplies to any person—

   any information the production of which contravenes subsection (1).

6. Every person who commits a breach of subsection (5) is liable on conviction,—
   1. where the use or supply was for a commercial purpose, to a fine not exceeding $50,000; or
   2. where the use or supply was for any other purpose, to a fine not exceeding $10,000.

117A. Offence relating to misuse of electoral information supplied under section 111D

1. Every person commits an offence who knowingly and wilfully supplies, receives, or uses information of a kind described in section 111C(2) that is provided by, or derived from information provided by, the Electoral Commission under section 111D, for any purpose other than a purpose authorised by section 111D(4) or section 111F(4).
2. Every person who commits an offence against this section is liable on conviction,—
   1. in the case of information supplied, received, or used for a commercial purpose, to a fine not exceeding $50,000; or
   2. in any other case, to a fine not exceeding $10,000.

118. False statements

119. Wilfully misleading Registrar

120. Duty to report suspected offences

121. Failure to deliver application

122. Assistance to be given to Registrar

1. All constables—
   1. must, at the Registrar’s request, assist the Registrar by informing him or her of the name of any person whom they have reason to believe is qualified to be registered as an elector but is not registered, or is registered but is not qualified to be registered; and
   2. must give the Registrar any information the Registrar requests relating to the qualifications of any person for registration as an elector.
2. All constables must also assist the Registrar by making such inquiries and obtaining such information as he or she requests.

123. Copies of rolls for Returning Officer

1. The Registrar shall supply to the Returning Officer for the district—
   1. as many copies as he or she may require of the main roll and the supplementary rolls, showing all deletions (except deletions made in the period beginning on the day after writ day and ending on the day before polling day) from the electoral roll and certified correct by the Registrar; and
   2. a copy of the list of post-writ day deletions referred to in section 98(5).
2. Despite section 106, the Electoral Commission may direct Registrars to modify the form of any rolls supplied under this section if that is necessary to facilitate the use of technology for the scrutiny of the rolls under this Act.

124. Power to destroy records

1. Subject to subsection (3), the Registrar may destroy any of the records described in subsection (2) if—
   1. the Registrar considers that the records are no longer required; and
   2. 2 general elections have taken place since the records were made.
2. The records referred to in subsection (1) are records held by the Registrar, being—
   1. applications for registration as electors; and
   2. forms returned following an inquiry under section 89D; and
   3. records forming part of the dormant roll maintained under section 109(1).
3. Nothing in this section authorises any person to destroy any records if he or she 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.
4. Despite subsections (1) to (3), the Registrar may destroy paper copies of any of the records described in subsection (2) if satisfied that accurate electronic images of those records have been created by or on behalf of the Registrar and are being stored by or on behalf of the Registrar in a manner that ensures that those electronic images are and will be able to be used for the same purposes as the paper copies would, if not destroyed, have been required by the rest of this Act to be able to be used.
5. A requirement in or under this Act that a paper copy of a record be used for a particular purpose is, after that paper copy is destroyed under subsection (4), satisfied by using for that purpose the accurate electronic image, created and stored under subsection (4), of that paper copy.

125. Writ for general election

126. Writs for general election

127. Election of list candidates

1. First chamber selection
   At any general election any secretary of a political party that is registered under Part 4 may forward to the Electoral Commission a list of candidates for election to the seats reserved for those members of Parliament elected from lists submitted under this section.
2. First chamber selection
   A list submitted under this section shall be in form 4 and shall list candidates in order of the party’s preference commencing with the first in order of preference and ending with the last.
3. First chamber selection
   Every list submitted under this section, and the declaration required by subsection (3A),—
   1. must be submitted to the Electoral Commission not later than noon on the date specified in the writ for the election of constituency candidates as the latest date for the nomination of constituency candidates; and
   2. may be submitted by hand, post, or electronically.
4. First chamber selection
   Every list submitted under this section must be accompanied by a declaration, made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957, that must—
   1. declare that the secretary is satisfied that each person named on the list submitted under this section is qualified under this Act to be a candidate; and
   2. state whether the party is a party in respect of which there are 1 or more component parties; and
   3. if the party has 1 or more component parties, state the name of each component party.
5. First chamber selection
   The secretary of the political party must lodge with the list submitted under this section, in relation to each candidate nominated in the list,—
   1. a statement in a form provided by the Electoral Commission, signed by the candidate, and confirming the candidate’s consent to the nomination; and
   2. any statutory declaration made by the candidate received under section 49(4)(b).
6. [Repealed]
7. The Electoral Commission shall give a receipt in writing for every list accepted by the Electoral Commission.
8. Where a list under this section is submitted by a political party that has a logo registered under section 71F, the secretary of that political party may submit with the list a copy of the logo so registered for inclusion—
   1. on the left-hand side of the ballot paper beside the name of that party on the party vote part of the ballot paper; and
   2. on the right-hand side of the ballot paper beside the name of any constituency candidate of that party (if any) on the electorate vote part of the ballot paper.
9. Every logo submitted under this section—
   1. must be submitted to the Electoral Commission not later than noon on the date specified in the writ for the election of constituency candidates as the latest date for the nomination of constituency candidates; and
   2. may be submitted by hand, post, or electronically.

127A. Deposit by party secretary

1. If a secretary of a political party submits a list under section 127, he or she must pay to the Electoral Commission, no later than noon on nomination day, a deposit of $1,000 (inclusive of goods and services tax).
2. The deposit must be paid by—
   1. direct credit to a bank account nominated by the Electoral Commission; or
   2. bank cheque.
3. The deposit is forfeit and must be paid into a Crown Bank Account if the party neither—
   1. receives in total at least 0.5% of the total number of all party votes received by all the parties listed on the part of the ballot paper that relates to the party vote; nor
   2. wins a constituency seat.
4. In every other case the deposit must be returned to the secretary of the party on whose behalf the deposit is paid, but only after the Electoral Commission has received—
   1. a duly completed return under section 206I in respect of that party; and
   2. the auditor’s report obtained under section 206L that relates to that return.
5. For the purposes of subsection (3)(b), a party wins a constituency seat if—
   1. a constituency candidate for that party has his or her name endorsed on the writ under section 185 as a person declared to be elected as a member of Parliament; or
   2. a constituency candidate for a component party of that party (being a component party that is not listed on the part of the ballot paper that relates to the party vote but is, in accordance with the details held by the Electoral Commission under any of the provisions of sections 127(3A) and 128A, a component party of that party) has his or her name endorsed on a writ under section 185 as a person declared to be elected as a member of Parliament.

128. Acceptance or rejection of lists by Electoral Commission

1. The Electoral Commission must reject a list submitted under section 127—
   1. if the list is not submitted by a political party registered under Part 4; or
   2. if the list is not lodged with the Electoral Commission by noon on nomination day; or
   3. if the list does not contain the name of at least 1 candidate; or
   4. if the list is not accompanied by the declaration required by section 127(3A); or
   5. [Repealed]
   6. if the deposit required by section 127A is not paid by noon on nomination day.
2. Where—
   1. any person named as a candidate on a list submitted under section 127 is not qualified both to be a candidate and to be elected a member of Parliament; or
   2. the consent of any person named as a candidate on a list submitted under section 127 is not lodged in the required form with the Electoral Commission not later than noon on nomination day,—

   the Electoral Commission shall delete the name of that person from the list and the order of preference in the list shall be deemed to be amended accordingly.

3. If, after the deletion of any name or names of candidates from a list pursuant to subsection (2), there are no names of candidates left remaining on the list, the provisions of subsection (1)(c) shall apply.

128A. Notice of change in component parties

1. Where the list of any political party has been accepted by the Electoral Commission under section 127(6), it shall be the duty of the secretary of that political party to notify the Electoral Commission by a declaration in the manner provided for by section 9 of the Oaths and Declarations Act 1957 of any change occurring before polling day in the details recorded in the declaration made under section 127(3A).
2. Every change to which subsection (1) applies shall be notified under that subsection as soon as practicable after the time at which the change occurs.

128B. Electoral Commission must record and notify change in component parties

128C. Withdrawal of list of candidates

1. Any secretary of a political party may withdraw a list of candidates submitted by him or her under section 127 by notice in form 4A signed by him or her and witnessed by a Justice of the Peace or solicitor.
2. No withdrawal of a list of candidates under subsection (1) shall have any effect unless it is lodged with the Electoral Commission not later than noon on the date specified in the writ for the election of constituency candidates as the latest date for the nomination of constituency candidates.
3. If a list of candidates is withdrawn under subsection (1), the deposit paid under section 127A must be returned to the party secretary, unless the party secretary submits another list of candidates in accordance with section 127.
4. Where a list of candidates is withdrawn under subsection (1), the party secretary may submit another list of candidates in accordance with section 127.

129. By-elections for members representing electoral districts

1. If the Speaker is satisfied that the seat of a member elected to represent an electoral district has become vacant, the Speaker must, without delay, publish a notice of the vacancy and its cause in the Gazette.
2. The Governor-General must, within 21 days after the date of a notice published in accordance with subsection (1), issue to the Electoral Commission a writ in form 6 requiring the Electoral Commission to make all necessary arrangements for the conduct of a by-election to fill the vacancy.
3. In any case in which it appears to the Governor-General to be necessary for special reasons, the Governor-General may, by Order in Council, authorise the postponement of the issue of a writ for a by-election until a day stated in the Order in Council, being a day not later than 42 days after the date on which the notice was published in accordance with subsection (1).
4. This section does not apply to a vacancy that occurs in the period between a dissolution or expiration of Parliament and the close of polling day at the next general election.

130. When Governor-General to act for Speaker

131. Power to resolve in certain cases that by-election not be held

132. Writ for by-election

133. No writ to issue pending election petition

134. Supply of vacancy of seat of member elected from party list

1. If the Speaker is satisfied that the seat of a member elected as a consequence of inclusion of the member’s name on a list submitted under section 127 has become vacant, the Speaker must, without delay, publish a notice of the vacancy and its cause in the Gazette.
2. The Governor-General must, as soon as practicable after the date of a notice published in accordance with subsection (1), issue to the Electoral Commission a warrant in form 7 directing the Electoral Commission to proceed forthwith to supply the vacancy.
3. This section does not apply to a vacancy that occurs in the period between a dissolution or expiration of Parliament and the close of polling day at the next general election.

135. When Governor-General to act for Speaker

136. Power to resolve in certain cases not to supply vacancy

137. Method of supplying vacancy

1. On receipt of any direction under section 134, the Electoral Commission must proceed to fill the vacancy in the manner prescribed in this section.
2. The Electoral Commission must determine which of the unelected candidates whose name was included in the same party list as the member whose seat has been declared vacant stood highest in the order of preference.
3. If that candidate is still alive, the Electoral Commission must inquire of the secretary of the political party on whose list the candidate appeared, whether the candidate remains a member of that party.
4. If that candidate is still alive and remains a member of that political party, the Electoral Commission must then inquire of that candidate whether that candidate is willing to be a member of Parliament, and if that candidate so indicates his or her willingness, the Electoral Commission must declare that person to be elected by notifying the person’s election in the Gazette.
5. If that person has died or is no longer a member of the political party or does not signify his or her willingness to be a member of Parliament, the Electoral Commission must proceed to make the inquiries described in subsections (3) and (4) in respect of the following candidate in order of preference on the party list, and so on, in descending order of preference, until one of the candidates who remains a member of the party signifies his or her willingness to be a member of Parliament, in which case the Electoral Commission must declare that person to be elected by notifying the person’s election in the Gazette.
6. If—
   1. no candidate signifies his or her willingness to be a member of Parliament; or
   2. there is no candidate lower in the order of preference on the party list than the member of Parliament whose seat has been declared vacant,—

   the vacancy shall not be filled until the next general election.

7. Whenever subsection (6) applies, the Electoral Commission must publish in the Gazette a notice stating that the vacancy cannot be filled.

138. Filing of return

139. Contents of writ

1. In every writ for a general election or a by-election there shall be appointed—
   1. the latest day for the nomination of constituency candidates; and
   2. a day for the polling to take place if a poll is required, being a Saturday; and
   3. the latest day for the return of the writ.
2. Polling day shall not be earlier than the 20th day after nomination day nor later than the 27th day after nomination day.
3. [Repealed]
4. The latest day for the return of the writ (other than a writ issued under section 153E(2)) shall be the 50th day after its issue.
5. The latest day for the return of a writ issued under section 153E(2) shall be the 78th day after its issue.

140. Chief Registrar to be notified of writ

141. Returning Officer to be notified of writ

142. Returning Officer to give public notice of polling day, nomination day, and nomination process

1. Immediately after receiving notification under section 141, the Returning Officer must give public notice of the following matters:
   1. the polling day appointed in the writ:
   2. the nomination day appointed in the writ:
   3. the requirements for submitting nominations of candidates.
2. Every notice given under subsection (1) must be in a form approved by the Electoral Commission.

143. Nominations of candidates for electoral districts

1. Any person qualified under this Act may, with his or her consent, be nominated as a constituency candidate for election for any electoral district, by not fewer than 2 registered electors of that district, by a nomination paper on a form provided by the Electoral Commission.
2. A person’s consent to nomination—
   1. must, unless subsection (3) applies, be given in writing or electronically; but
   2. need not be given at the time the nomination paper is lodged.
3. Where any person is for the time being outside New Zealand, his or her consent, for the purposes of subsection (2), may be signified to the Returning Officer in any manner approved by the Electoral Commission.
4. If a nomination paper is lodged with the Returning Officer under subsection (1) in relation to a candidate for a political party, and the political party has a logo registered under section 71F, then in the following cases a copy of the logo may be submitted to the Returning Officer for inclusion on the ballot paper in accordance with section 150(13):
   1. in the case of a general election,—
      1. if the political party is not registered under Part 4; or
      2. if the political party is registered under Part 4, but is not submitting a party list under section 127:
   2. in the case of a by-election, whether the political party is registered under Part 4 or not.
5. Every nomination paper and every consent and every logo submitted under subsection (3A) for inclusion on the ballot paper shall be lodged with or given to the Returning Officer for the district not later than noon on nomination day. The Returning Officer shall give a receipt in writing for every nomination accepted by him or her.
6. Each constituency candidate shall be nominated by a separate nomination paper in such manner as, in the opinion of the Returning Officer, is sufficient to identify the constituency candidate.
7. Every constituency candidate shall ensure that the name or names shown on the nomination paper as the name or names to be used on the ballot paper are short enough to fit on the ballot paper.
8. No elector may nominate more than 1 constituency candidate.
9. Any registered elector of the district may inspect any nomination paper or consent at the Returning Officer’s office without payment at any time when the office is open for the transaction of business.

144. Deposit by candidate

1. Every constituency candidate, or some person on the constituency candidate’s behalf, shall deposit with the Returning Officer the sum of $300 not later than noon on nomination day.
2. The deposit shall be paid in the form of money, a bank draft, or a bank cheque.
3. The deposit of an unsuccessful candidate is forfeit and must be paid into a Crown Bank Account if the candidate receives in total less than 5% of the total number of votes received by constituency candidates in the district.
4. In every other case, the deposit of a constituency candidate must be returned to the person who paid it, but only after the Electoral Commission has received from that candidate duly completed returns under sections 205K and 209.

145. Acceptance or rejection of nomination

1. The Returning Officer shall reject the nomination of any constituency candidate—
   1. if the nomination paper and the consent of the candidate are not lodged with the Returning Officer not later than noon on nomination day; or
   2. if the nomination paper does not state that the candidate is a registered elector of a specified electoral district, or, where section 49 applies, is a qualified elector of a specified electoral district; or
   3. if the nomination paper is not signed by at least 2 registered electors of the district for which the nomination is made; or
   4. [Repealed]
   5. if the required deposit is not paid as required by this Act.
2. Subject to the concurrence of the Electoral Commission, the Returning Officer shall not accept the nomination of any constituency candidate if the Returning Officer is not satisfied, by such evidence (if any) as the Returning Officer requires, that the name under which the candidate is nominated is—
   1. the name under which the candidate’s birth was registered, with any alteration or addition made thereto under section 20 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 or an earlier corresponding provision; or
   2. in the case of a person who has been adopted, the name conferred on that person by the adoption order; or
   3. the name by which the candidate was commonly known throughout the period of 12 months ending with the day on which the nomination paper is lodged with the Returning Officer; or
   4. the name which was adopted by the candidate through a name change registered under section 21B of the Births, Deaths, Marriages, and Relationships Registration Act 1995 (or an earlier corresponding provision) before the period of 12 months ending with the day on which the nomination paper is lodged with the Returning Officer and which was used by the candidate throughout that period.
3. Despite anything in subsection (2), in applying that subsection in the case of any constituency candidate who is, or has been, married to, or in a civil union with, another person, the other person’s surname may be substituted for the candidate’s surname in any of the cases specified in paragraphs (a) to (d) of that subsection, unless, if the other person were nominated as a constituency candidate under that surname, the Returning Officer would be required to reject his or her nomination under the provisions of that subsection.
4. [Repealed]
5. Notwithstanding anything in subsection (2), the Returning Officer may, with the concurrence of the Electoral Commission, accept the nomination of any constituency candidate under a name that does not comply with the provisions of that subsection, if the Returning Officer is satisfied that the name has been adopted by the candidate in good faith and for good reason and is not indecent or offensive or likely to deceive or cause confusion.
6. In every other case the Returning Officer shall accept the nomination.
7. Nothing in subsection (6) limits the jurisdiction of the court hearing an election petition.

146. Withdrawal of nomination

1. Any constituency candidate may withdraw his or her nomination by a notice in form 10, signed by him or her and witnessed by a Justice of the Peace or a solicitor.
2. No withdrawal of nomination shall have any effect unless it is lodged with the Returning Officer not later than noon on nomination day.
3. Where a candidate has duly withdrawn his or her nomination his or her deposit shall be returned to the person who paid it.

146A. Purpose of sections 146B to 146L

146B. Notice of intention to lodge bulk nomination

1. If, at any general election, a political party that is registered under Part 4 intends to lodge a bulk nomination schedule of candidates for election for electoral districts, the secretary of that party must notify that intention to the Electoral Commission.
2. A notification under subsection (1)—
   1. must be given not later than 1 working day after writ day for the general election; and
   2. must be on a form provided by the Electoral Commission; and
   3. may be given by hand, post, or electronically.
3. The secretary of a party may, at any time before lodging a bulk nomination schedule, withdraw a notification under subsection (1) by notifying the withdrawal to the Electoral Commission.
4. A withdrawal under subsection (3)—
   1. must be on a form provided by the Electoral Commission; and
   2. may be given by hand, post, or electronically.

146C. Effect of notification of intention to lodge bulk nomination on nominations under section 143

1. If the secretary of a political party notifies the party’s intention to the Electoral Commission under section 146B(1), that notification remains in force for the purposes of the general election unless—
   1. the notification is withdrawn under section 146B(3); or
   2. any bulk nomination schedule lodged by the secretary of that party is rejected under section 146G; or
   3. the secretary of that party withdraws, under section 146I, a bulk nomination schedule previously lodged by the secretary without providing either of the following:
      1. an express statement on the form on which the withdrawal is made that the party intends to lodge another bulk nomination schedule; or
      2. another bulk nomination schedule in accordance with section 146D.
2. While a notification of a party’s intention under section 146B remains in force for the purposes of a general election,—
   1. no Returning Officer may accept a nomination made under section 143 in respect of a candidate for that political party; and
   2. if a Returning Officer has already accepted a nomination made under section 143 in respect of a candidate for that political party, that nomination is of no effect and is to be treated as if it had been withdrawn under section 146.

146D. Bulk nomination of constituency candidates

1. At any general election, the secretary of a political party that is registered under Part 4 may, in accordance with this section, nominate as candidates for election for electoral districts persons who are qualified under this Act and who consent to be nominated.
2. The secretary of a party may nominate its candidates under this section by lodging, with the Electoral Commission, a single bulk nomination schedule on a form provided by the Electoral Commission.
3. A bulk nomination schedule—
   1. may be lodged by hand, post, or electronically; and
   2. must be lodged with the Electoral Commission not later than noon on the day before nomination day.
4. The Electoral Commission must give a written receipt for every bulk nomination schedule that the Electoral Commission accepts.

146E. Bulk nomination schedule

1. The following requirements apply in relation to a bulk nomination schedule:
   1. the schedule must specify the electoral districts for which candidates are nominated in the schedule:
   2. the schedule must state, in relation to each such electoral district,—
      1. the full name of the constituency candidate; and
      2. if the candidate’s full name is not to be used on the ballot paper, the name or names to be used, which must be short enough to fit on the ballot paper.
2. Every bulk nomination schedule must contain a declaration, made by the secretary of the party in the manner provided by section 9 of the Oaths and Declarations Act 1957, that the secretary is satisfied that each constituency candidate nominated in the schedule is qualified under this Act to be a constituency candidate.
3. The secretary of the political party must lodge with the bulk nomination schedule, in relation to each constituency candidate nominated in the schedule,—
   1. a statement in a form provided by the Electoral Commission, signed by the constituency candidate, and confirming the candidate’s consent to the nomination; and
   2. any statutory declaration made by the constituency candidate received under section 49(4)(b).
4. If the secretary of a political party lodges a bulk nomination schedule and the political party has a logo registered under section 71F, but the political party is not submitting a party list under section 127, then a copy of the logo may be lodged with the Electoral Commission for inclusion on the ballot paper in accordance with section 150(13).
5. Every logo lodged under subsection (4)—
   1. may be lodged by hand, post, or electronically; and
   2. must be lodged with the Electoral Commission not later than noon on nomination day.

146F. Deposit payable in respect of bulk nomination schedule

1. If a secretary of a party lodges a bulk nomination schedule under section 146D, he or she must pay to the Electoral Commission, by noon on the day before nomination day, a deposit of $300 (inclusive of goods and services tax) for every constituency candidate nominated in the bulk nomination schedule.
2. The deposit must be paid in 1 lump sum by—
   1. direct credit to a bank account nominated by the Electoral Commission; or
   2. bank cheque.
3. If an unsuccessful constituency candidate nominated in a bulk nomination schedule receives in total less than 5% of the total number of votes received by constituency candidates in the district for which the unsuccessful candidate was nominated, the amount of the deposit paid under subsection (1) in respect of that unsuccessful candidate is forfeit and must be paid into a Crown Bank Account.
4. After deducting any amounts forfeit under subsection (3), the Electoral Commission must return the remainder (if any) of the amount paid under subsection (1) to the party secretary, but only if the Electoral Commission has received from every constituency candidate nominated in the bulk nomination schedule duly completed returns under sections 205K and 209.

146G. Acceptance or rejection of bulk nomination schedule or nomination of candidate

1. The Electoral Commission must reject a bulk nomination schedule lodged under section 146D—
   1. if the schedule is not lodged by the secretary of a political party registered under Part 4; or
   2. if the intention to lodge the schedule has not been notified under section 146B; or
   3. if the schedule is not lodged with the Electoral Commission by noon on the day before nomination day; or
   4. if the schedule does not contain the declaration required by section 146E(2); or
   5. [Repealed]
   6. if the deposit required by section 146F(1) is not paid by noon on the day before nomination day.
2. The Electoral Commission must not accept the nomination of a candidate listed on a bulk nomination schedule in any case where a Returning Officer would be required to reject the nomination of that candidate under section 145(2) if the candidate had been nominated under section 143; and the provisions of subsections (2) to (5) of section 145 apply accordingly with all necessary modifications.
3. The Electoral Commission must reject the nomination of a candidate listed on a bulk nomination schedule if—
   1. the candidate is not qualified both to be a candidate and to be elected as a member of Parliament; or
   2. the written notice required by section 146E(3) in relation to that candidate is not lodged with the Electoral Commission by noon on nomination day.
4. In every other case the Electoral Commission must accept the bulk nomination schedule and the nominations made on the schedule.
5. Subsection (4) does not limit the jurisdiction of the court hearing an election petition.

146H. Amendment of bulk nomination schedule

1. If the secretary of a party lodges a bulk nomination schedule with the Electoral Commission by noon on the day before nomination day, the secretary may, at any time before noon on nomination day, provide to the Electoral Commission any information necessary to remedy any defect or omission in the schedule, or in any document required to be lodged with the schedule.
2. Information may be provided under subsection (1) to the Electoral Commission by hand, post, or electronically.
3. If the Electoral Commission receives any information under subsection (1),—
   1. the Electoral Commission must, where appropriate, amend the bulk nomination schedule or other document to which the information relates:
   2. the Electoral Commission must take the information into account in determining whether to accept or reject, under section 146G, the bulk nomination schedule, or the nomination of a candidate listed on the schedule.
4. This section does not authorise the secretary of a party to—
   1. substitute a different person as a candidate for election for an electoral district; or
   2. nominate a candidate for election for an electoral district for which no candidate was nominated in the schedule as originally lodged with the Electoral Commission.

146I. Withdrawal of bulk nomination schedule

1. A secretary of a party may withdraw a bulk nomination schedule lodged by him or her under section 146D.
2. A bulk nomination schedule may be withdrawn under subsection (1) by notice, on a form provided by the Electoral Commission, signed by the secretary of the party and witnessed by a Justice of the Peace or a solicitor.
3. The withdrawal of a bulk nomination schedule has no effect unless the withdrawal is lodged with the Electoral Commission, by hand, post, or electronically, by noon on nomination day.
4. If the secretary of a party withdraws a bulk nomination schedule under subsection (1), any notification given by that party under section 146B(1) automatically ceases to be in force, unless—
   1. the form on which the withdrawal is made expressly states that the party intends to lodge another bulk nomination schedule; or
   2. at the time of lodging the withdrawal, the party secretary lodges another bulk nomination schedule in accordance with section 146D.
5. If a bulk nomination schedule is withdrawn under subsection (1), the party secretary may lodge another bulk nomination schedule in accordance with section 146D.
6. If a bulk nomination schedule is withdrawn under subsection (1), the deposit paid under section 146F must be returned to the party secretary, unless the party secretary submits another bulk nomination schedule in accordance with section 146D.

146J. Withdrawal of nomination in bulk nomination schedule

1. A constituency candidate nominated in a bulk nomination schedule or in accordance with section 146K may withdraw his or her nomination by a notice on a form provided by the Electoral Commission, signed by him or her and witnessed by a Justice of the Peace or a solicitor.
2. No withdrawal of nomination under subsection (1) has any effect unless it is lodged with the Electoral Commission not later than noon on nomination day.
3. If a candidate for election for an electoral district withdraws his or her nomination under subsection (1), the amount of the deposit paid under section 146F(1) in respect of that candidate must be returned to the party secretary, unless another candidate for election for that electoral district is nominated under section 146K.

146K. Replacement nomination if earlier nomination withdrawn or lapses

1. If a candidate for election for an electoral district withdraws his or her nomination under section 146J, or the nomination of a constituency candidate nominated in a bulk nomination schedule is required by section 152 or section 152A(3) to be treated as if it had not been made, the secretary of the party may nominate another candidate for election for that electoral district in the following manner:
   1. written notice of the nomination must be lodged with the Electoral Commission, by hand, post, or electronically, not later than noon on nomination day:
   2. the requirements set out in subsections (1) to (3) of section 146E apply in relation to a notice under this section as if the nomination were made in a bulk nomination schedule:
   3. the secretary of the party must lodge with the Electoral Commission, by noon on nomination day, a deposit (in the form of money, a bank draft, or a bank cheque) of the amount payable under section 146F(1) for a constituency candidate nominated in a bulk nomination schedule, unless the Electoral Commission holds the amount of the deposit paid under section 146F(1) in respect of the candidate whose nomination was withdrawn or (as the case may be) who died or became incapacitated.
2. Sections 146F(3) and (4), 146G, and 146H apply in relation to a nomination lodged under this section as if the nomination had been included in a bulk nomination schedule, except that the references in those sections to the day before nomination day are to be read as references to nomination day.

146L. Inspection of bulk nomination schedules and consents to nomination

147. Advertisement of nomination and polling places

1. Electoral commission
   After the close of nominations in any district the Returning Officer shall forthwith forward to the Electoral Commission at Wellington—
   1. the names of the constituency candidates who have been nominated under section 143 and who have not withdrawn their nominations; and
   2. the party affiliations (if any) of the candidates referred to in paragraph (a) and copies of the party logos (if any) submitted under section 143(3A) in respect of those candidates.
2. Electoral commission
   The Electoral Commission must immediately notify to every Returning Officer—
   1. the names of the constituency candidates who have been nominated for each district in which a poll is required to be taken and who have not withdrawn their nominations; and
   2. the party affiliations (if any) of the candidates referred to in paragraph (a), and copies of the party logos (if any) submitted in accordance with section 143(3A) or section 146E(4) in respect of those candidates; and
   3. the names of the political parties that have submitted lists in accordance with section 127 and the party logos (if any) submitted in accordance with subsections (7) and (8) of that section in respect of those parties; and
   4. the names of the candidates on the lists referred to in paragraph (c) or, where the names of more than 65 candidates are included on any such list, the first 65 of those names.
3. Subject to subsection (4), the Returning Officer for each district in which a poll is required to be taken shall, not later than the day before polling day, publish—
   1. the names of constituency candidates contesting the district and their party affiliations (if any); and
   2. the name of each political party that submitted a list in accordance with section 127 and, under the name of each political party, the names of the political party’s list candidates in the political party’s order of preference (up to a maximum of 65 candidates); and
   3. the polling places for the district; and
   4. the polling places in the district that have suitable access for persons who are physically disabled—

   in at least 1 newspaper circulating in the district in such manner as the Returning Officer considers most likely to give full publicity thereto.

4. The Returning Officer for a district in which a poll is required to be taken shall not be obliged to comply with subsection (3) if the Electoral Commission exercises, in respect of that district, the power conferred on the Electoral Commission by subsection (5).
5. Electoral commission
   The Electoral Commission may, by such methods as the Electoral Commission considers appropriate (including by post), send to every residential address in an electoral district at which 1 or more electors reside the information specified in paragraphs (a) to (d) of subsection (3).

148. Procedure where election not contested

1. If—
   1. only 1 constituency candidate is nominated in a district; or
   2. any constituency candidate who has been nominated duly withdraws his or her nomination and there remains only 1 constituency candidate,—

   the Electoral Commission must, in accordance with section 179(2), declare the constituency candidate to be duly elected.

2. The name of the person so elected must be endorsed on the writ by an Electoral Commissioner on behalf of the Electoral Commission, and the writ must be returned to the Clerk of the House of Representatives in accordance with section 185.

149. Poll to be taken

150. Form of ballot papers

1. Subject to subsection (18), the ballot papers to be used at any election shall be in form 11.
2. Forthwith after nomination day for an election, the Electoral Commission must cause ballot papers to be printed in sufficient numbers for the election.
3. Subject to subsection (4), each ballot paper in form 11 shall comprise 2 votes, namely, a party vote and an electorate vote.
4. If only 1 constituency candidate is nominated or if the withdrawal of 1 or more nominations results in a declaration under section 148, the part of the ballot paper that relates to the electorate vote shall not be printed and the ballot paper shall thereafter be treated as if it comprised only the party vote.
5. If more than 1 constituency candidate is nominated, and a sufficient number of constituency candidates do not withdraw their nominations so as to leave only 1 constituency candidate, the part of the ballot paper relating to the electorate vote shall contain a list of all the persons nominated as constituency candidates who have not withdrawn their nominations (which list shall be arranged in the manner prescribed by this section).
6. On the part of the ballot paper relating to the electorate vote—
   1. the names of the constituency candidates shall be arranged alphabetically in order of their surnames:
   2. the other names of each constituency candidate that are required to appear on the ballot paper shall follow the candidate’s surname:
   3. the surnames of the constituency candidates shall (except in the case of a special ballot paper that is not fully printed) be in large characters and bold type:
   4. the name of the political party of the constituency candidate, if any,—
      1. shall be shown immediately below the candidate’s name; and
      2. shall be in characters that are smaller than those used for the surname of the constituency candidate; and
      3. shall not be in bold type:
   5. such other matter (if any) as may be necessary to distinguish the names of the constituency candidates shall be shown.
7. A constituency candidate (other than an independent candidate) who seeks election shall not use the name of any political party that contested the last general election or any by-election held since the last general election unless that political party has endorsed that candidate as one of its candidates.
8. No constituency candidate who seeks election as an independent candidate shall use the name of any political party that contested the last general election or any by-election held since the last general election but shall have the word “INDEPENDENT”, without further qualification or addition, shown on the ballot paper immediately below that candidate’s name.
9. On the part of the ballot paper relating to the party vote the name of each political party that has submitted a list in accordance with section 127 (not being a political party that has submitted a list that has been rejected under section 128) shall be shown.
10. The names of the political parties that, pursuant to subsection (9), are required to be shown on the part of the ballot paper that relates to the party vote, shall be arranged so that—
    1. where the name of any such political party is shown, immediately below the name of a constituency candidate whose name appears on the part of the ballot paper that relates to the electorate vote, the name of that political party shall be shown on the part of the ballot paper that relates to the party vote in a box that is aligned with the box that contains, on the part of the ballot paper that relates to the electorate vote, the name of that constituency candidate and the name of that political party; and
    2. where the names of any such political parties are not shown on the part of the ballot paper that relates to the electorate vote, the names of those political parties shall be shown in alphabetical order on the part of the ballot paper that relates to the party vote, with each such name being placed after the names of the political parties shown on that part of the ballot paper under paragraph (a) and in a box that is aligned with an empty box on the part of the ballot paper that relates to the electorate vote.
11. Subject to subsections (6)(e), (12)(b), and (13)(b), no other identification, such as an occupation, title, honour, or degree shall be included on the ballot paper in relation to any candidate’s name or political party.
12. On the part of the ballot paper that relates to the party vote,—
    1. a circle shall be shown on the ballot paper to the right of the name of each political party; and
    2. the party’s logo, if registered by the Electoral Commission and submitted to the Electoral Commission for inclusion on the ballot paper, shall be shown to the left of the name of the political party.
13. On the part of the ballot paper that relates to the electorate vote,—
    1. a circle shall be shown on the ballot paper to the left of each candidate’s name; and
    2. the party’s logo, if registered by the Electoral Commission and submitted to the Electoral Commission in accordance with subsections (7) and (8) of section 127 or to the Returning Officer in accordance with subsections (3A) and (4) of section 143 or in accordance with subsections (4) and (5) of section 146E for inclusion on the ballot paper, shall be shown to the right of the name of the candidate.
14. Every ballot paper shall have a counterfoil in form 13.
15. There shall also be printed (in a form that is readable either with or without the aid of technology)—
    1. on the ballot paper; and
    2. in the space provided in the counterfoil attached to the ballot paper,—

    a number (called a consecutive number) beginning with the number 1 in the case of the first ballot paper printed, and on all succeeding ballot papers printed the numbers shall be consecutive so that no 2 ballot papers for the district shall bear the same number.

16. Where any question arises concerning the order or manner in which the names of the constituency candidates or the names of the political parties are to be shown on the ballot paper, the Electoral Commission must decide the question.
17. At any by-election no ballot paper shall contain more than 1 part and the provisions of subsections (3), (9), (10), and (12) shall not apply.
18. Every ballot paper used at a by-election shall be in form 12.
19. Where the name or names given by a candidate as the name or names to be used on the ballot paper are too long to fit on the ballot paper, the Electoral Commission may abbreviate the name or names to be shown in such manner as will enable them to fit on the ballot paper.

151. Name of political party for constituency candidates

1. Where a name is shown on a nomination paper, or other document on which a constituency candidate consents to his or her nomination, as the name of the constituency candidate’s political party, the Returning Officer may, if he or she considers it necessary, require the candidate to produce evidence sufficient to satisfy the Returning Officer of the candidate’s eligibility to claim that accreditation.
2. Where the Returning Officer considers that the name shown on the nomination paper or other document as the name of the constituency candidate’s political party is indecent or offensive or excessively long or likely to cause confusion to or mislead electors,—
   1. the Returning Officer shall, after consultation with the candidate, show on the ballot paper as the name of the candidate’s political party such name as the Returning Officer and the candidate agree upon in place of that shown on the nomination paper or other document; and
   2. if, on such consultation, the Returning Officer and the candidate cannot agree, or if consultation is not reasonably practicable, the Returning Officer shall not show any name on the ballot papers as the name of the candidate’s political party.

151A. Interpretation

152. Death before close of nominations

1. If a constituency candidate who has been nominated and has not withdrawn his or her nomination dies before the close of nominations,—
   1. his or her nomination is to be treated in all respects as if it had not been made; and
   2. his or her deposit must be returned to his or her personal representatives or, as the case may be, to the person who paid it.
2. Subsection (3) applies if the candidate dies on nomination day before noon, or on any of the 3 days immediately before nomination day.
3. If this subsection applies, then, once the Returning Officer is satisfied of the fact of death,—
   1. the time for the close of nominations in that district is postponed until noon on the fourth day after the date of the candidate’s death; and
   2. the Returning Officer must immediately give public notice of the fact that the close of nominations in that district has been postponed and of the new time for the close of nominations.
4. If subsection (3) applies, but the candidate was nominated in a bulk nomination schedule or in accordance with section 146K, the references to Returning Officer in subsection (3) are to be read as references to the Electoral Commission.

152A. Incapacity of candidate before close of nominations

1. If a constituency candidate who has been nominated and has not withdrawn his or her nomination becomes incapacitated before the close of nominations, an application may be made for the cancellation of the nomination.
2. Section 152B sets out how an application under subsection (1) must be made, and section 152C sets out how it is to be dealt with.
3. If the Returning Officer or, as the case requires, the Electoral Commission cancels the nomination in accordance with section 152C(3),—
   1. the candidate’s nomination is to be treated in all respects as if it had not been made; and
   2. the candidate’s deposit must be returned to the candidate or, as the case may be, to the person who paid it.
4. If the candidate’s nomination is cancelled on nomination day, or on any of the 3 days immediately before nomination day, then—
   1. the time for the close of nominations in the district is postponed until noon on the fourth day after the date on which the candidate’s nomination is cancelled; and
   2. the Returning Officer or, as the case requires, the Electoral Commission must immediately give public notice of the fact that the close of nominations in the district has been postponed and of the new time for the close of nominations.

152B. Procedural provisions relating to making of application under section 152A(1)

1. An application under section 152A(1) must be made as follows:
   1. if the candidate was nominated under section 143,—
      1. the application must be made by the 2 registered electors who nominated the candidate, or, if either or both of them are unavailable or unable to act for any reason, then by the candidate’s agent:
      2. the application must be made to the Returning Officer for the district:
   2. if the candidate was nominated in a bulk nomination schedule or in accordance with section 146K,—
      1. the application must be made by the secretary of the party:
      2. the application must be made to the Electoral Commission.
2. The application must be made on a form provided by the Electoral Commission, and must be witnessed by a Justice of the Peace or a solicitor.
3. The application must be accompanied by a certificate signed by a medical practitioner that certifies—
   1. as to the candidate’s condition; and
   2. that, in the practitioner’s opinion, the candidate is incapacitated within the meaning of section 151A.
4. The application—
   1. must be submitted to the Returning Officer or, as the case requires, the Electoral Commission not later than 4 pm on nomination day; and
   2. may be submitted by hand, post, or electronically.

152C. How application under section 152A to be dealt with

1. On receiving an application made under section 152A(1), the Returning Officer or, as the case requires, the Electoral Commission must, without delay, determine whether or not the candidate became incapacitated before the close of nominations.
2. For the purpose of making a determination under subsection (1), the Returning Officer or Electoral Commission may make any inquiries, and seek any assistance (including, without limitation, expert medical assistance), that the Returning Officer or Electoral Commission considers necessary.
3. If, before midnight on nomination day, the Returning Officer or Electoral Commission determines that the candidate became incapacitated before the close of nominations, the Returning Officer or Electoral Commission must cancel the candidate’s nomination.
4. If the Returning Officer or Electoral Commission has not made a determination under subsection (1) before midnight on nomination day, then—
   1. section 152A does not apply; and
   2. the application is to be treated as if it were an application under section 153G(1), and is to be determined accordingly.
5. As soon as practicable after making a determination under subsection (1), the Returning Officer or Electoral Commission must inform the applicant or applicants of that determination.

153. Death or incapacity of list candidate after submission of list

1. This section applies if a list candidate dies, or his or her nomination is cancelled on the grounds of incapacity, after the submission of the list and before the declaration required by section 193(5).
2. If this section applies,—
   1. the poll must proceed; and
   2. the list must be treated subsequently as if the candidate’s name had never been included on that list.

153A. Death or incapacity of constituency candidate after close of nominations and before polling day

1. This section applies if a constituency candidate dies, or his or her nomination is cancelled on the grounds of incapacity, after the close of nominations and before polling day.
2. If this section applies, then once the Returning Officer is satisfied that the candidate has died or, as the case requires, that the candidate’s nomination has been cancelled, the Returning Officer must,—
   1. in the case of a general election,—
      1. issue a notice cancelling the poll for the election of a member of Parliament for the district; and
      2. proceed to conduct the poll on the part of the ballot paper that relates to the party vote, which for these purposes is to be treated as if it were the only part of the ballot paper; and this Part applies with any necessary modifications; and
   2. in the case of a by-election, issue a notice cancelling the poll; and
   3. report to the Electoral Commission—
      1. the issue and the date of the notice, under paragraph (a) or paragraph (b), cancelling the poll; and
      2. whether the poll was cancelled because of the candidate’s death or because of the candidate’s incapacity; and
      3. the date of the candidate’s death, if applicable; and
      4. if the candidate’s incapacity was determined, under section 153H, by the Returning Officer, the date of the determination.
3. Immediately after the Electoral Commission receives the Returning Officer’s report under subsection (2)(c), an Electoral Commissioner must, on behalf of the Electoral Commission, endorse on the writ—
   1. the name of the candidate whose death or whose incapacity resulted in the cancellation of the poll for the election of a member of Parliament for the district concerned; and
   2. the date of the notice by which the poll was cancelled; and
   3. the date on which the candidate died or, as the case requires, the date on which the candidate’s incapacity was determined.

153B. Death or incapacity of constituency candidate on polling day

1. This section applies if a constituency candidate dies, or his or her nomination is cancelled on the grounds of incapacity, on polling day before the close of the poll.
2. If this section applies, then once the Returning Officer is satisfied that the candidate has died or, as the case requires, that the candidate’s nomination has been cancelled, the Returning Officer must,—
   1. in the case of a general election,—
      1. immediately close the part of the poll that is based on electorate votes and declare that part of the poll to be of no effect; and
      2. proceed to conduct the poll on the part of the ballot paper that relates to the party vote, which for these purposes is to be treated as if it were the only part of the ballot paper; and this Part applies with any necessary modifications; and
   2. in the case of a by-election, immediately close the poll; and
   3. report to the Electoral Commission—
      1. the closure of the poll or part of the poll and the time of the closure; and
      2. whether the poll or part of the poll was closed because of the candidate’s death or because of the candidate’s incapacity; and
      3. if the candidate’s incapacity was determined, under section 153H, by the Returning Officer, the date of the determination.
3. Immediately after the Electoral Commission receives the Returning Officer’s report under subsection (2)(c), an Electoral Commissioner must, on behalf of the Electoral Commission, endorse on the writ—
   1. the name of the candidate whose death or whose incapacity resulted in the closure of the poll for the election of a member of Parliament for the district concerned; and
   2. the time of that closure; and
   3. the date on which the candidate died or, as the case requires, the date on which the candidate’s incapacity was determined.

153C. Death or incapacity of successful constituency candidate after close of poll and before declaration of result

1. This section applies if—
   1. a constituency candidate dies, or his or her nomination is cancelled on the grounds of incapacity, after the close of the poll and before the declaration of the result of the poll; and
   2. it is found on the completion of the count of votes or on a recount that the candidate, if still living or if not incapacitated, would have been elected.
2. If this section applies, then once the Returning Officer is satisfied that the candidate has died or, as the case requires, that the candidate’s nomination has been cancelled, the Returning Officer must report to the Electoral Commission—
   1. the death or incapacity of the candidate; and
   2. the date of the candidate’s death, if applicable; and
   3. if the candidate’s incapacity was determined, under section 153H, by the Returning Officer, the date of the determination.
3. Immediately on the Electoral Commission being satisfied of the Returning Officer’s report under subsection (2), an Electoral Commissioner must, on behalf of the Electoral Commission, endorse on the writ—
   1. the name of the candidate; and
   2. that the candidate would, if still living or if not incapacitated, have been elected as the member of Parliament for the district concerned; and
   3. the date on which the candidate died or, as the case requires, the date on which the candidate’s incapacity was determined.

153D. Application of equality of votes provisions if constituency candidate dies or becomes incapacitated after close of poll

153E. New election to be held if writ vacated

1. Immediately after an Electoral Commissioner has endorsed the writ in accordance with section 153A or section 153B or section 153C, the Electoral Commission must notify the Governor-General of the need for a fresh election because of the death or the incapacity of the candidate concerned.
2. On receiving notification under subsection (1), the Governor-General must, without delay, issue a writ for a fresh election in that district, and that election must be conducted as if it were a by-election unless this Act provides otherwise.
3. The main roll and supplementary rolls which were to be used at the election which has failed must be used at the new election without any amendment or addition.
4. Any candidate who, at the time of the cancellation or closure of the poll, was a duly nominated candidate does not need to be nominated again, but the candidate may withdraw his or her nomination before the time appointed for the close of nominations for the new election.
5. All appointments of polling places made in respect of the election that has failed continue in respect of the new election.

153F. Destruction of ballot papers if by-election interrupted

1. This section applies if, in the case of a by-election, the poll is interrupted as a result of the death of a constituency candidate or the cancellation of the nomination of a constituency candidate on the grounds of incapacity.
2. If this section applies,—
   1. all ballot papers that have been placed in ballot boxes must be taken out by the managers of polling places and made up into secured packages; and
   2. those packages must be sent, unopened, to the Returning Officer; and
   3. the Returning Officer must immediately destroy those packages in the presence of a District Court Judge or a Justice of the Peace.

153G. Application for cancellation of nomination if candidate incapacitated after close of nominations

1. An application may be made for the cancellation of the nomination of a candidate if,—
   1. in the case of a candidate whose name is included on a list submitted under section 127, the candidate becomes incapacitated after the submission of the list and before the declaration required by section 193(5):
   2. in the case of a constituency candidate, the candidate becomes incapacitated after the close of nominations and before the declaration of the result of the poll.
2. An application under subsection (1) must be made as follows:
   1. if the candidate was nominated under section 143,—
      1. the application must be made by the 2 registered electors who nominated the candidate or, if either or both of them are unavailable or unable to act for any reason, then by the candidate’s agent:
      2. the application must be made to the Returning Officer for the district:
   2. if the candidate was nominated in a bulk nomination schedule or in accordance with section 146K, or is a candidate whose name is included on a list submitted under section 127,—
      1. the application must be made by the secretary of the party:
      2. the application must be made to the Electoral Commission.
3. The application must be made on a form provided by the Electoral Commission, and must be witnessed by a Justice of the Peace or a solicitor.
4. The application must be accompanied by a certificate signed by a medical practitioner that certifies—
   1. as to the candidate’s condition; and
   2. that, in the practitioner’s opinion, the candidate is incapacitated within the meaning of section 151A.
5. The application—
   1. must be submitted to the Returning Officer or, as the case requires, the Electoral Commission—
      1. as soon as practicable after the candidate becomes incapacitated; and
      2. before the declaration of the result of the poll; and
   2. may be submitted by hand, post, or electronically.

153H. How application under section 153G to be dealt with

1. On receiving an application made under subsection (1) of section 153G, the Returning Officer or, as the case requires, the Electoral Commission must, without delay, determine whether or not the candidate became incapacitated in the circumstances set out in that subsection.
2. For the purpose of making a determination under subsection (1), the Returning Officer or Electoral Commission may make any inquiries, and seek any assistance (including, without limitation, expert medical assistance), that the Returning Officer or Electoral Commission considers necessary.
3. If, before the declaration of the result of the poll, the Returning Officer or Electoral Commission determines that the candidate became incapacitated in the circumstances set out in section 153G(1), the Returning Officer or Electoral Commission must cancel the candidate’s nomination.
4. If the Returning Officer or Electoral Commission has not made a determination under subsection (1) before the declaration of the result of the poll, the application is to be treated as having been declined.
5. As soon as practicable after making a determination under subsection (1), the Returning Officer or Electoral Commission must inform the applicant or applicants of that determination.

154. Use of public schoolrooms for election meetings

1. Any candidate at an election may, for the purpose of holding public meetings of electors for electoral purposes during the period of an election, use free of charge, other than the cost of lighting and heating, and of cleaning after use, and of repairing any damage done, any suitable room in any public primary school or intermediate school or secondary school after the ordinary school hours, subject to the following provisions:
   1. 3 days’ notice of the proposed public meeting shall be given to the governing body of the school:
   2. the use of the school shall be granted in the order of receipt of applications by or on behalf of the candidates:
   3. no candidate shall have the use of the same room on a second occasion if any other candidate who has not before used it desires to make use of it at the same time under this section.
2. If it is proved that any such meeting was not a public meeting within the meaning of this section, the person by whom and the candidate on whose behalf the meeting was convened shall each be liable on conviction to a fine not exceeding $1,000.
3. For the purposes of this section, the term candidate means—
   1. any person who has declared his or her intention of becoming a candidate either by advertisement in a newspaper, or by circular, or by announcement at a public meeting, or by duly consenting to nomination, but does not include a candidate who has withdrawn his or her nomination; or
   2. any person whose name has been included in a list submitted under section 127.

155. Power to appoint polling places

1. Electoral commission
   In respect of each election, the Electoral Commission may from time to time, subject to subsections (2) to (4), appoint polling places for any district, and may revoke, alter, or add to any such appointment.
2. The polling places appointed for any district may include polling places that are not within the limits of that district.
3. Drugs, alcohol, and illegal substances
   No polling place shall be appointed in any licensed premises under the Sale and Supply of Alcohol Act 2012 that will, at any time on polling day, be open for the sale, supply, or consumption of alcohol (within the meaning of section 5(1) of the Sale and Supply of Alcohol Act 2012).
4. At least 12 polling places within the limits of each district shall have access that is suitable for persons who are physically disabled.
5. The Electoral Commission may make the details of every appointment, revocation, alteration, or addition publicly available by any means that the Electoral Commission considers appropriate.
6. Subsection (5) does not limit section 147.

156. Use of public schools as polling places

1. Any public primary school or intermediate school or secondary school may be appointed to be a polling place under section 155, and in every such case it shall be the duty of the governing body of the school to place it at the free disposal of the Returning Officer from 4 pm on the day before polling day and for the whole of polling day.
2. The cost of cleaning any part of a school used as a polling place, the cost of lighting and heating used on polling day, and the cost of repairing any damage arising from the use of a school as a polling place, shall be defrayed by the Returning Officer out of money to be appropriated by Parliament.

157. Materials for polling places

1. The Returning Officer must ensure that each polling place has the following things for the purposes of the poll:
   1. 1 or more inner compartments to enable voters to vote in secret:
   2. in each inner compartment, suitable facilities for the marking of ballot papers:
   3. 1 or more ballot boxes:
   4. 1 or more copies of the main roll and supplementary rolls for the district:
   5. a sufficient number of ballot papers.
2. The Returning Officer must ensure that there is displayed prominently in every polling place either—
   1. the name of each political party that submitted a list in accordance with section 127 and, under the name of each political party, the names of the political party’s list candidates in the political party’s order of preference (up to a maximum of 65 candidates); or
   2. copies of the information sent to electors under section 147(5).

158. Appointment of polling place officials

1. The Returning Officer must, for each polling place, appoint in writing as many polling place officials as the Returning Officer thinks are required for the conduct of the poll, and the preliminary count of votes, at that place.
2. The Returning Officer must, in relation to each polling place, designate, by notice in writing, one of the polling place officials as the manager of the place.
3. The Returning Officer may, in relation to each polling place,—
   1. authorise in writing 1 or more polling place officials to issue ballot papers at the place; and
   2. designate in writing 1 or more of the polling place officials as interpreters; and
   3. authorise in writing or, if the appointment is made on polling day, orally, any person to act for the manager of the polling place in case of the manager’s absence.
4. The Returning Officer for an electoral district may delegate his or her duties and powers under subsections (1) to (3) to a Returning Officer for another electoral district.
5. The State Sector Act 1988 does not apply to a person appointed under this section.

158A. Polling place officials under direction of Electoral Commission and Returning Officer

1. Electoral commission
   The Electoral Commission and the Returning Officer may each give oral or written directions to all or any polling place officials.
2. Every polling place official must exercise or perform his or her powers, duties, and functions in accordance with any directions given by the Electoral Commission or the Returning Officer.

159. Exercise of powers and duties of polling place officials

1. The Returning Officer may exercise in person all the powers, duties, and functions of a manager of a polling place.
2. A person authorised under section 158(3)(c) has, while acting for a manager of a polling place, all the powers, duties, and functions of the manager.
3. Every polling place official must, before being allowed to act, make a declaration in form 1 before the Returning Officer, or a Justice of the Peace, or a solicitor, or the manager, or an issuing officer of the polling place concerned.

159A. Interpreters

1. Whenever the Returning Officer designates polling place officials as interpreters, the Returning Officer must, at the request of a candidate, give the candidate the names of the interpreters.
2. Regulations made under section 267 may prescribe procedures governing the use of interpreters.

160. Scrutineers

1. Each constituency candidate may appoint 1 or more scrutineers for each polling place at any election.
2. If, at an election in a district, no constituency candidate is standing for a political party that is listed in the part of the ballot paper that relates to the party vote, the secretary of the party may appoint 1 or more scrutineers for each polling place in the district.
3. Every appointment of a scrutineer—
   1. must be in writing; and
   2. must be signed by the constituency candidate or, as the case requires, the secretary of the party.
4. Every scrutineer must, before being allowed to act, make a declaration in form 1 before the Returning Officer, or a Justice of the Peace, or a solicitor, or the manager, or an issuing officer of the polling place concerned.
5. The number of scrutineers for a candidate or for a political party who may be present in a polling place may not exceed the number of issuing officers designated for the polling place.
6. A scrutineer may at any time during the hours of polling leave and re-enter the polling place for which he or she is appointed.
7. Nothing in this Act renders it unlawful for a scrutineer to communicate to a person information as to the names of persons who have voted.
8. No candidate may act as a scrutineer under this section.

161. Hours of polling

1. The poll at every election shall commence at 9 am on polling day, and, except as otherwise provided in this Act, shall finally close at 7 pm on the same day.
2. Every elector who at the close of the poll is present in a polling place for the purpose of voting shall be entitled to receive a ballot paper and to mark and deposit it in the same manner as if he or she had voted before the close of the poll.

162. Employees to have time off to vote

1. Subject to the provisions of this section, on the polling day at any election every employer shall allow every worker in his or her employment who is an elector of any electoral district in which the election is being held, and who has not had a reasonable opportunity of voting before commencing work, to leave his or her work for the purpose of voting not later than 3 o’clock in the afternoon for the remainder of the day, and it shall not be lawful for any employer to make any deduction from any remuneration payable to any such worker in respect of any time after the time of his or her leaving his or her work as aforesaid.
2. Where any such worker is required to work after 3 o’clock in the afternoon of polling day for the purpose of carrying on any essential work or service, his or her employer shall on that day allow the worker to leave his or her work for a reasonable time for the purpose of voting, and it shall not be lawful for the employer to make any deduction from any remuneration payable to the worker in respect of any time, not exceeding 2 hours, occupied in voting as aforesaid.
3. Every person commits an offence and shall be liable on conviction to a fine not exceeding $1,000 who contravenes subsection (1) or subsection (2).
4. Every master of a ship that happens to be in any port in New Zealand at the time of any general election or by-election in any district, at the request of any of the crew being registered or qualified to be registered as electors of that district, shall allow them to go ashore at a proper time to admit of their voting at the election; and every master who without reasonable cause commits any breach of this subsection shall be liable on conviction to a fine not exceeding $1,000.
5. For the purposes of this section,—
   • employer has the same meaning as in section 5 of the Employment Relations Act 2000

     master, in relation to any ship, includes any person (except a pilot) having command or charge of the ship

     worker has the same meaning as that given to employee in section 6 of the Employment Relations Act 2000.

6. This section shall bind the Crown.

163. Ballot box to remain closed during poll

1. The manager of the polling place shall, before the opening of the poll, and in sight of any of the scrutineers present,—
   1. see that the ballot box is empty; and
   2. close the ballot box; and
   3. ensure that the ballot box is sealed or locked in such a manner as to prevent it being opened without breaking the seal or lock.
2. Subject to subsection (3), the ballot box, after being sealed or locked in accordance with subsection (1), shall not again be opened until after the close of the poll.
3. If the ballot box becomes full and no other ballot box is available, the manager of the polling place, in sight of any of the scrutineers present, may open the ballot box and compress the papers in it.
4. Where a ballot box is opened pursuant to subsection (3), the manager of the polling place shall, after compressing the papers and in sight of any of the scrutineers present,—
   1. close the ballot box; and
   2. ensure that the ballot box is sealed or locked in such a manner as to prevent it being opened without breaking the seal or lock.

164. Persons not to remain in polling places

165. Voters not to be communicated with in polling place

1. No scrutineer or other official or unofficial person shall communicate with any voter in a polling place either before or after the voter has given his or her vote, except only the issuing officer (with an interpreter if necessary), who may ask the questions he or she is authorised to put, and give such general directions as may assist any voter to give his or her vote, and in particular may on request inform a voter orally of the names of—
   1. all the constituency candidates in alphabetical order with their party designations; and
   2. all the parties in alphabetical order who have submitted a party list, and the names of the candidates on each list in the order of preference submitted by the party in accordance with section 127.
2. Every person who offends against this section shall be liable on conviction to a fine not exceeding $400 and may at once be removed from the polling place by order of the manager.

166. Questions may be put to voters

1. The issuing officer may, and if so required by any scrutineer shall, before allowing any person to vote, put to that person the following questions:
   1. are you the person whose name appears as AB in the electoral roll now in force for the [name of district] Electoral District?
   2. have you already voted at this election in this or any other electoral district?
2. In every such case the issuing officer shall require the questions to be answered in writing signed by the person to whom they are put.
3. Every person to whom those questions are put who does not answer them, or does not answer the first in the affirmative and the second in the negative, shall be liable on conviction to a fine not exceeding $1,000, and shall be prohibited from voting then or afterwards at that election.
4. Every person who wilfully and knowingly makes a false answer to either of the questions that the issuing officer may put to that person under this section shall be liable on conviction to a fine not exceeding $1,000.

167. Issue of ordinary ballot papers

1. Every issuing officer must, in accordance with this section, issue ballot papers to every elector who applies to vote.
2. An elector who applies to vote must—
   1. verbally give or verbally confirm his or her name; and
   2. give or confirm any other particulars that may be necessary to find the elector’s name on the rolls.
3. If an elector is unable to comply with the requirement in subsection (2)(a) because of an inability to understand English or because of a physical disability, the elector may comply with that requirement by—
   1. gesture; or
   2. any other means with the assistance of a person nominated by the elector who is present with the elector.
4. If the name of the elector is on the rolls, the issuing officer must—
   1. mark the rolls to indicate that the elector has applied to vote:
   2. if the consecutive number printed on the ballot paper can be read without the aid of technology, ensure that a piece of gummed paper is firmly fixed over the consecutive number on the ballot paper to conceal it effectively:
   3. write on the counterfoil of the ballot paper—
      1. the issuing officer’s initials; and
      2. the number of the page, and the number of the line, on which the elector’s name appears on the roll:
   4. ensure that the official mark of the issuing officer is placed on the ballot paper to indicate that it was issued by an authorised person:
   5. issue the ballot paper to the elector.
5. Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, being an issuing officer, fails to comply with the requirements of this section.

168. Method of voting

1. The voter, having received a ballot paper,—
   1. shall immediately retire into one of the inner compartments provided for the purpose; and
   2. shall there alone and secretly vote—
      1. by marking the party vote with a tick within the circle immediately after the name of the party for which the voter wishes to vote; and
      2. by marking the electorate vote with a tick within the circle immediately before the name of the constituency candidate for whom the voter wishes to vote.
2. Where the ballot paper comprises only a party vote or only an electorate vote, the provisions of subsection (3) shall apply instead of subsection (1).
3. The voter, having received a ballot paper,—
   1. shall immediately retire into one of the inner compartments provided for the purpose; and
   2. shall there alone and secretly vote either—
      1. by marking the party vote with a tick within the circle immediately after the name of the party by which the voter wishes to vote; or
      2. by marking the electorate vote with a tick within the circle immediately before the name of the constituency candidate for whom the voter wishes to vote.
4. Every voter shall, before leaving the inner compartment, fold the ballot paper so that the contents cannot be seen, and shall then deposit it so folded in the ballot box.
5. Nothing in this section limits the provisions of section 178(5)(a)(ii).

169. Spoilt ballot papers

1. Any voter who, not having deposited his or her ballot paper, in the ballot box, satisfies the issuing officer that the voter has spoilt it by inadvertence may be supplied with a fresh ballot paper, but only after the spoilt one has been returned to the issuing officer.
2. The issuing officer shall—
   1. cancel every such spoilt ballot paper by writing across the face thereof the words “Spoilt by voter, and a fresh ballot paper issued” and writing his or her initials thereon:
   2. if any ballot paper is inadvertently spoilt by the issuing officer or any other official, cancel it by writing across the face thereof the words “Spoilt by official” and also the words “and a fresh ballot paper issued” if that is the case, and writing his or her initials thereon:
   3. retain all spoilt ballot papers in his or her possession until the close of the poll.

170. Blind, disabled, or illiterate voters

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, any person nominated by the voter, or, if no person is so nominated, the issuing officer, shall accompany the voter 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 issuing officer, or may be marked by the person nominated or, as the case may be, by the issuing officer in accordance with the instructions of the voter.
3. A voter to whom subsection (2) applies, whether or not he or she 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.
4. 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.
5. Every person commits an offence, and shall be liable on conviction to a fine not exceeding $1,000, 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 constituency candidate or party for whom the voter is about to vote or has voted, or as to the number on the ballot paper given to the voter.
6. Regulations made under section 267 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.

171. Procedure when second vote given in same name

172. Voting by special voters

1. Notwithstanding anything to the contrary in this Act, a special voter may vote at such place (whether at a polling place or not and whether in or outside New Zealand), at such time, in such manner, and upon or subject to such conditions as may be prescribed in that behalf by regulations made under this Act.
2. Different methods of voting may be prescribed for different classes of special voters.
3. The ballot papers for use by special voters or by any class of special voters may be in such form as is prescribed by regulations, and the consecutive numbers of the special ballot papers for any district may be in a different series from that used for the ordinary ballot papers.
4. The special vote ballot papers may contain the logos submitted in accordance with section 127(7) and (8) or section 143(3A) and (4) or section 146E(4) and (5) or a depiction of those logos in black and white; but nothing in this Act requires the inclusion of those logos on the special vote ballot papers.
5. Each constituency candidate may, by writing under his or her hand, appoint 1 or more scrutineers to be present at the office of the Registrar of Electors when he or she is performing his or her duties in relation to declarations in respect of special votes.
6. Every scrutineer shall, before being allowed to act, make a declaration in form 1 before the Registrar of Electors or the Returning Officer or a Justice of the Peace or a solicitor.
7. Where a constituency candidate appoints more than 1 scrutineer under subsection (4), not more than 1 scrutineer for that candidate shall be present at the office of the Registrar of Electors at any time.
8. No candidate shall act as scrutineer under this section.
9. Subject to the provisions of this section and section 61, and to the provisions of any regulations made for the purposes of this section, all the provisions of this Act shall, as far as applicable and with the necessary modifications, apply with respect to voting by special voters and to their votes.

173. Voting by special voters on Tokelau, Campbell Island, and Raoul Island, in Ross Dependency, and on fishing vessels

173A. Special voting by facsimile

174A. Ballot papers, etc, to be compiled, certified, and sent to Returning Officer

1. After completing the preliminary count under section 174, the manager of the polling place must—
   1. ensure that the following documents are enclosed in 1 or more parcels:
      1. the used ballot papers:
      2. the ballot papers set aside under section 171:
      3. 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:
      4. all the counterfoils of ballot papers that have been issued to voters and all the unused ballot papers:
      5. all the spoilt ballot papers; and
   2. ensure that each parcel is properly secured and endorsed with a description of its contents, the name of the district, the name or other identifier of the polling place, and the date of the polling; and
   3. ensure that 1 or more certificates are prepared that certify—
      1. the number of votes received by each party (if applicable):
      2. the number of votes received by each candidate (if applicable):
      3. the number of informal party votes:
      4. the number of informal electorate votes:
      5. the number of ballot papers set aside under section 171:
      6. the number of spoilt ballot papers:
      7. the number of ballot papers issued to special voters:
      8. the number of unused ballot papers:
      9. the total number of ballot papers allocated for use at the polling place; and
   4. sign, and invite each scrutineer who is present to sign, every endorsement prepared under paragraph (b) and every certificate prepared under paragraph (c).
2. The manager must ensure that all parcels mentioned in this section are sent to the Returning Officer without delay.
3. This section does not prevent any of the documents referred to in subparagraphs (ii) to (v) of subsection (1)(a) from being placed in 1 or more parcels before the preliminary count under section 174 has commenced or while it is in progress.

174B. No preliminary count if fewer than 6 ordinary ballot papers issued

1. If, at any election, the number of ordinary ballot papers issued for a district at a polling place is smaller than 6, the manager of the polling place must, after the close of the poll, arrange for the secure dispatch of those ballot papers to the Returning Officer for the district.
2. This section overrides sections 174 and 174A.

174C. Preliminary count of early votes

1. In this section and in sections 174D to 174G, early votes means special votes that—
   1. are delivered or sent to the Returning Officer on or before polling day; and
   2. were, in accordance with regulations made under this Act, issued in substantially the same manner as ordinary ballot papers are issued under section 167.
2. The Returning Officer must, in the presence of any scrutineers appointed under section 174F and any of the Returning Officer’s assistants, but of no other person, conduct, in accordance with this section, a preliminary count of early votes.
3. The Returning Officer must take the early votes and ascertain, as the case may require,—
   1. the number of votes received by each party listed in the part of the ballot paper that relates to the party vote; or
   2. the number of votes received by each candidate listed in the part of the ballot paper that relates to the electorate vote; or
   3. both.
4. For the purposes of subsection (3), the Returning Officer must set aside as informal—
   1. all party votes that do not clearly indicate the party for which the voter desired to vote:
   2. all electorate votes that do not clearly indicate the candidate for whom the voter desired to vote.
5. A count under this section must be commenced,—
   1. if the conditions stated in section 174D(2) apply, as soon as practicable after 2 pm on polling day; or
   2. if those conditions do not apply, as soon as practicable after the close of the poll.
6. Referenda
   If a referendum has, under any Act, been taken with the poll, the Returning Officer must ensure that the count, under this section, of party votes and electorate votes takes priority over the counting of the votes of the referendum.

174D. Conditions for counting early votes before close of poll

1. In this section and in sections 174E to 174G, restricted area means an area, in the office of the Returning Officer, that—
   1. is designated by the Returning Officer for the purpose of the count of early votes; and
   2. has features that—
      1. preclude persons who are not in the area from seeing or hearing any aspect of the count; and
      2. permit the Returning Officer to control persons who wish to enter or leave the area.
2. The conditions referred to in section 174C(5)(a) are as follows:
   1. the Electoral Commission has authorised the Returning Officer to commence the count before the close of the poll:
   2. the count is to be conducted in a restricted area:
   3. on every entrance to the restricted area there is a notice stating that it is an offence, without the express authorisation of the Returning Officer, to enter the area:
   4. on every exit from the restricted area there is a notice stating that it is an offence, without the express authorisation of the Returning Officer, to leave the area.

174E. Maintenance of secrecy of count of early votes

1. On polling day, no person (other than a scrutineer appointed under section 174F) may, without the express authorisation of the Returning Officer, enter a restricted area.
2. On polling day, a person who enters, whether with or without authorisation, a restricted area may not leave the area before the close of the poll without the express authorisation of the Returning Officer.
3. The Electoral Commission may issue instructions to Returning Officers setting further requirements for the purpose of maintaining the secrecy of counts conducted before the close of the poll.
4. The Returning Officer must ensure that all persons who take part in the counts conducted before the close of the poll are familiar with any instructions issued under subsection (3), and the Returning Officer and those persons must comply with those instructions.

174F. Scrutineers for count of early votes

1. Each constituency candidate may appoint a scrutineer to attend at the count of early votes conducted under section 174C.
2. Every appointment of a scrutineer—
   1. must be in writing; and
   2. must be signed by the constituency candidate.
3. Every scrutineer must, before being allowed to attend at the count, make a declaration in form 1 before the Returning Officer or a Justice of the Peace or a solicitor.
4. If the count is conducted before the close of the poll, every scrutineer appointed under this section may enter and be present in the restricted area from 1.30 pm on polling day until the conclusion of the count.
5. No scrutineer may, before the close of the poll, enter a restricted area with a device that enables information to be conveyed to a person or machine outside the area.
6. If a scrutineer fails to comply with subsection (5) or an instruction issued under section 174E(3) and communicated to the scrutineer, the Returning Officer may—
   1. refuse to allow the scrutineer to enter the restricted area; or
   2. require the scrutineer to leave the restricted area.

174G. Offences in relation to count of early votes conducted before close of poll

1. Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who,—
   1. not being a scrutineer appointed under section 174F, enters, on polling day, a restricted area without the express authorisation of the Returning Officer; or
   2. being a scrutineer appointed under section 174F, enters, on polling day, a restricted area with a device that enables information to be conveyed to a person or machine outside the area; or
   3. leaves, on polling day, a restricted area without the express authorisation of the Returning Officer.
2. Every person commits an offence and is guilty of a corrupt practice who, being or having been in a restricted area, discloses, before the close of the poll, to any person outside the area any information about the results of a count of early votes conducted under section 174C.

175. Scrutiny of the rolls

1. The Returning Officer—
   1. shall make arrangements for a scrutiny of the rolls as soon as practicable after the close of the poll; and
   2. shall give notice in writing to each of the constituency candidates or their scrutineers of the time and place at which the Returning Officer will commence the scrutiny.
2. Each constituency candidate may appoint 1 or more scrutineers to be present at the scrutiny of the rolls.
3. Every scrutineer must, before being allowed to act, make a declaration in form 1 before an Electoral Commissioner, the Returning Officer, a Justice of the Peace, or a solicitor.
4. Where a constituency candidate appoints more than 1 scrutineer to be present at the scrutiny of the rolls, only 1 scrutineer for that candidate, or such greater number as is permitted by the Returning Officer, shall be present at the scrutiny of the rolls at any time.
5. The only persons who may be present at the scrutiny are—
   1. an Electoral Commissioner:
   2. the Returning Officer:
   3. any assistant of the Electoral Commissioner or of the Returning Officer:
   4. any expert or technician who provides advice or support to the Electoral Commissioner or to the Returning Officer for the purpose of the scrutiny:
   5. any scrutineer.
6. No candidate shall act as scrutineer under this section.
7. A scrutineer may be appointed under this section electronically.

176. Marked copies of rolls to be compared

1. The Returning Officer or the Electoral Commissioner must, in the presence of any assistants, experts, or technicians and any scrutineers that are entitled to be present under this Act or any other Act, but of no other person,—
   1. compare (either manually or by any electronic means)—
      1. all the certified copies of the main roll and supplementary rolls that have been marked to indicate the persons who applied to vote; and
      2. all records of special votes exercised; and
      3. the list of post-writ day deletions supplied to the Returning Officer by the Registrar of Electors under section 123(b); and
   2. compile a master roll by marking (either manually or by any electronic means) on an unmarked copy of the main roll and on every supplementary roll the number and name of any elector—
      1. who is shown on any of the certified copies of the rolls as having received a ballot paper; or
      2. who is shown in any record of special votes issued as having received a ballot paper; or
      3. whose name is shown on the list of post-writ day deletions.
2. If on that comparison or from the checking of declarations in respect of special votes or from the report of a manager of a polling place on the ballot papers set aside under section 171, and after any inquiry the Returning Officer considers necessary, it appears that the same voter has received more than 1 ballot paper, the Returning Officer must,—
   1. in the presence of any assistants and any scrutineers that choose to be present, but of no other person, open the parcel or parcels of ballot papers that are likely to contain the ballot papers issued to the voter; and
   2. select from the parcel or parcels the ballot papers that appear from their consecutive numbers and counterfoils to have been issued to that voter; and
   3. subject to subsection (3), disallow every vote that appears to have been given by means of the ballot papers so selected.
3. Notwithstanding subsection (2)(c), if the Returning Officer is satisfied—
   1. that 1 and only 1 of the ballot papers was lawfully received by the voter entitled thereto; and
   2. that the voter entitled thereto was not in any way concerned in the issue of the other ballot paper or ballot papers,—

   the Returning Officer shall allow the vote of that voter and shall disallow the other vote or votes.

4. If, on the comparison with all the certified copies of the main roll and supplementary rolls on which the fact of any person having received a ballot paper has been noted, and all records of special votes exercised in respect of the district, and the list of post-writ day deletions, it appears that any person has received a ballot paper by giving a name shown on the list of post-writ day deletions, the Returning Officer—
   1. must, in the presence of any assistants and any scrutineers that choose to be present, but of no other person, open the parcel or parcels of ballot papers that are likely to contain the ballot papers issued to the voter; and
   2. must select from the parcel or parcels the ballot papers that appear from their consecutive numbers and counterfoils to have been issued to that voter; and
   3. subject to subsections (5) and (6), shall disallow every vote appearing to have been given by means of any ballot paper so selected.
5. Notwithstanding subsection (4)(c), but subject to subsection (6), if the Returning Officer is satisfied that the name by which a ballot paper selected under subsection (4)(b) was received was entered on the list of post-writ day deletions by mistake or clerical error or as a result of false information, he or she shall allow each vote given by means of that ballot paper.
6. Notwithstanding subsections (4) and (5), if—
   1. the Returning Officer is satisfied that the name by which a ballot paper selected under subsection (4)(b) was received was entered on the list of post-writ day deletions by mistake or clerical error or as a result of false information; and
   2. more than 1 ballot paper was received by the giving of a name shown on the list of post-writ day deletions; and
   3. the Returning Officer is satisfied—
      1. that 1 and only 1 of the ballot papers was lawfully received by the voter entitled thereto; and
      2. that the voter entitled thereto was not in any way concerned in the issue of the other ballot paper or ballot papers,—

   the Returning Officer shall allow the vote of that voter and shall disallow the other vote or votes.

7. [Repealed]
8. Except in the case of the ballot papers so selected therefrom, the Returning Officer shall inspect only the consecutive numbers on the ballot papers in the several parcels so opened, and shall so cover the ballot papers that no person present shall have the opportunity of determining the party or constituency candidate for whom any particular voter has voted.

177. Parcels to be secured after scrutiny

1. When the Returning Officer has selected from any parcel all the ballot papers he or she is required to select therefrom, he or she shall forthwith, in the presence of his or her assistants (if any) and such scrutineers as are present, but of no other person, close and secure the parcel, and shall endorse thereon a memorandum of the fact of the ballot papers having been selected from that parcel, specifying the same by the name of the person to whom the same appear to have been delivered, and shall sign the endorsement with his or her name.
2. The Returning Officer shall set aside all ballot papers selected by him or her from any parcel as herein provided, and shall in the presence of his or her assistants (if any) and such scrutineers as are present, but of no other person, secure those ballot papers in a separate parcel, and shall endorse the parcel with a description of the contents thereof, and shall sign the endorsement with his or her name.

178. Counting the votes

1. On or before the completion of the scrutiny under section 175, the Returning Officer, with any assistants the Returning Officer considers necessary, and in the presence of any of the scrutineers appointed under section 175 that are present (not exceeding, unless the Returning Officer otherwise permits, 1 scrutineer for each candidate) and also in the presence of a Justice (who is to attend at the request of the Returning Officer), but of no other person, must select and open one of the parcels of used ballot papers referred to in section 174A(1)(a)(i).
2. The procedure set out in subsection (1) need not be delayed until the inquiries under section 176(2), or the inquiries as to the qualifications of persons casting a special vote at the election, have been completed, and the ballot papers from any particular polling place may be counted while any inquiries in respect of ballot papers from that place or in respect of the qualifications of persons casting a special vote at the election are being completed, but the count shall not be completed until those inquiries have been completed.
3. No special vote shall be disallowed by reason only of some error or omission on the part of an official, if the Returning Officer is satisfied that the voter was qualified to vote at the election.
4. Where a person who has voted in an election dies before the close of the day before polling day, the Returning Officer shall, on receiving from a Registrar of Births and Deaths notification of that person’s death, disallow that person’s vote.
5. When the parcel selected under subsection (1) has been opened, the Returning Officer shall, in the presence of his or her assistants (if any) and the scrutineers and Justice as aforesaid, but of no other person, deal with the ballot papers as follows:
   1. he or she shall reject as informal—
      1. any ballot paper that does not bear the official mark if there is reasonable cause to believe that it was not issued to a voter by an issuing officer; and
      2. a ballot paper that does not clearly indicate the constituency candidate or the party, as the case may require, for which the voter desired to vote:

      provided that no ballot paper or part of the ballot paper shall be rejected as informal by reason only of some informality in the manner in which it or any other part of the ballot paper has been dealt with by the voter if the ballot paper or part of the ballot paper being considered is otherwise regular, and if, in the opinion of the Returning Officer, the intention of the voter is clearly indicated:

      provided also that no ballot paper or part of a ballot paper shall be rejected as informal by reason only of some error or omission on the part of an official, if the Returning Officer is satisfied that the voter was qualified to vote at the election:

   2. the Returning Officer shall then—
      1. count, as the case may require, the number of votes received by each party or the number of votes received by each constituency candidate or both; and
      2. count the number of party votes rejected as informal; and
      3. count the number of electorate votes rejected as informal; and
      4. compare the results of the counts conducted under subparagraphs (i) to (iii) with the certificate of the Deputy Returning Officer in respect of the preliminary count; and
   3. the Returning Officer shall then, where necessary, amend the certificate of the polling place manager in respect of the preliminary count; and every such certificate shall be initialled by the Returning Officer and the Justice attending:
   4. the Returning Officer must then endorse on the parcel the name or other identifier of the polling place where the votes were recorded; and that endorsement must be signed by the Returning Officer and the Justice who attends.
6. Despite section 60, if a voter who was qualified to vote as an elector of a particular district votes as if he or she were an elector of another district, the voter’s party vote—
   1. may not be disallowed simply because of the voter’s error with regard to the district; and
   2. for the purposes of this section and sections 179 to 181, is to be regarded as having been cast by an elector of the other district.
7. The ballot papers from all the parcels shall be dealt with in the manner aforesaid and the ballot papers from one parcel may be so dealt with while those from another parcel or parcels are also being so dealt with.
8. The ballot papers of special voters shall be dealt with in like manner, after which they shall be made up together into a parcel which shall be properly secured and shall be endorsed in the manner hereinbefore described.
9. When all the ballot papers have been dealt with in the prescribed manner, the Justice attending shall sign a certificate stating the total number of ballot papers used at the election, the number of votes received by each party or constituency candidate, as the case may require, and the number of informal votes, and that certificate shall be preserved by the Returning Officer for production when required.
10. Where at any count of the ballot papers under this section counting of the ballot papers extends beyond 1 day, the Justice attending shall give his or her certificate day by day showing the progress of that counting and describing the parcels counted in his or her presence.

179. Declaration of result of poll

1. When the official count under section 178 is completed, the Returning Officer must give the Electoral Commission the following information:
   1. the total number of valid votes received by each of the parties listed on the party vote part of the ballot paper:
   2. the total number of valid votes received by each constituency candidate:
   3. the total number of informal party votes:
   4. the total number of informal electorate votes.
2. As soon as practicable after receiving from a Returning Officer the information specified in subsection (1), the Electoral Commission must declare the results of the official count for the district concerned by publishing in the Gazette a notice in form 14.
3. The Electoral Commission may declare the results for any number of districts on the same day, if the Electoral Commission considers it appropriate to do so.
4. The Electoral Commission may make arrangements under which persons with a particular interest in any declaration under subsection (2) are informed of the result, by any means the Electoral Commission considers appropriate.
5. If there is an equality of votes between constituency candidates for a district and the addition of 1 vote would entitle one of those candidates to be declared elected, the Electoral Commission must, without delay, apply to a District Court Judge for a recount under section 180, and all the provisions of that section apply accordingly, except that no deposit is necessary.
6. First chamber selection
   If on a recount under section 180 there is an equality of votes between constituency candidates and the addition of 1 vote would entitle one of those candidates to be declared elected, the Electoral Commission must determine by lot which of those candidates is to be elected.

180. Application to District Court Judge for recount

1. Any constituency candidate for a district may, within 3 working days after the public declaration made under section 179 in respect of that district, apply to a District Court Judge for the conduct, in respect of that district, of a recount of the electorate votes.
2. Any secretary of a political party that is listed on the part of the ballot paper that relates to the party vote may, within 3 working days after the public declaration made under section 179 in respect of a district, apply to a District Court Judge for the conduct, in respect of that district, of a recount of the party votes.
3. Every application under subsection (1) shall be accompanied by a deposit of $1,000 (which deposit shall be inclusive of goods and services tax).
4. Every application under subsection (2) shall be accompanied by a deposit of $1,500 (which deposit shall be inclusive of goods and services tax).
5. The District Court Judge—
   1. shall cause a recount of the electorate votes or the party votes, as the case may require, to be commenced within 3 working days after receiving the application; and
   2. shall give notice in writing of the time and place at which the recount will be made—
      1. to the Returning Officer; and
      2. in the case of an application made under subsection (1), to each of the candidates who may be affected by the recount; and
      3. in the case of an application under subsection (2), to each of the political parties that may be affected by the recount.
6. The recount shall be made in the presence of the District Court Judge or of an officer appointed by the District Court Judge for the purpose, and shall, as far as practicable, be made in the manner provided in the case of the original count.
7. No person shall be present at the recount except—
   1. the District Court Judge or the officer appointed by the District Court Judge; and
   2. the assistants (if any) of the District Court Judge or the officer appointed by the District Court Judge; and
   3. the Returning Officer and the assistants (if any) of the Returning Officer; and
   4. in the case of a recount of electorate votes, the scrutineers appointed under section 175 or section 183(1) (not exceeding, unless the District Court Judge or the officer appointed by the District Court Judge otherwise permits, 1 scrutineer for each constituency candidate); and
   5. in the case of a recount, made on an application under subsection (2), of party votes, the scrutineers appointed under section 183(2)(a) (not exceeding, unless the District Court Judge or the officer appointed by the District Court Judge otherwise permits, 1 scrutineer for each political party); and
   6. in the case of a recount, made on an application under section 181(1), of party votes, the scrutineers appointed under section 183(2)(b) (not exceeding, unless the District Court Judge or the officer appointed by the District Court Judge otherwise permits, 1 scrutineer for each political party).
8. 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—
   1. the checking of special voting declarations; or
   2. the allowance or disallowance of special votes.
9. Any decision referred to in subsection (8) and any other decision made by the Returning Officer in the exercise of the Returning Officer’s powers on the original count may be confirmed, reversed, or set aside by the District Court Judge.
10. If on the recount the District Court Judge finds that the public declaration was incorrect, the District Court Judge shall order the Electoral Commission to give an amended declaration of the result of the poll.
11. The District Court Judge may make such order as to the costs of and incidental to the recount as the District Court Judge thinks just, and, subject to any such order, shall direct that the deposit made under this section be returned to the person who paid it.

181. Application by political party for recount in every electoral district

1. Any secretary of a political party listed on the part of the ballot paper that relates to the party vote may, instead of making 1 or more separate applications for recounts under section 180(2), apply to the Chief District Court Judge for recounts of the party votes to be conducted in every electoral district.
2. Every application under subsection (1) must be made within 3 working days after the date of the last public declaration made under section 179 for any electoral district.
3. Every application under subsection (1) shall be accompanied by a deposit of $90,000 (which deposit shall be inclusive of goods and services tax).
4. The Chief District Court Judge shall cause a separate recount of the party votes to be conducted for each electoral district and, for that purpose, shall, within 3 working days after receiving the application for the recounts, arrange, in respect of each recount, for a District Court Judge to conduct it.
5. Each recount conducted under this section shall be conducted in accordance with subsections (5) to (10) of section 180, except that each recount shall be commenced within 3 working days of the date on which the District Court Judge conducting the recount is assigned that task.
6. At the conclusion of all recounts under this section, the Chief District Court Judge may make such order or orders as to the costs of and incidental to those recounts as the Chief District Court Judge thinks just, and, subject to any such order, shall direct that the deposit made under this section be returned to the person who paid it.

182. Ability to combine recounts

183. Scrutineers for recounts and allocation of list seats

1. Any constituency candidate affected by an application under section 180(1) for a recount of electorate votes in an electoral district may appoint 1 or more scrutineers to be present at the recount.
2. Any political party affected—
   1. by an application under section 180(2) for a recount of party votes in an electoral district; or
   2. by an application under section 181(1) for recounts of the party votes in every electoral district,—

   may appoint 1 or more scrutineers to be present at any such recount.

3. Any political party listed in the part of the ballot paper that relates to the party vote may appoint 1 or more scrutineers to be present during the allocation of list seats by the Electoral Commission under sections 191 to 193.
4. Every scrutineer appointed under this section must, before being allowed to act, make a declaration in form 1 before an Electoral Commissioner, the Returning Officer, a Justice of the Peace, or a solicitor.
5. Where a political party appoints more than 1 scrutineer to be present during the allocation of list seats, only 1 scrutineer for that political party, or such greater number as is permitted by the Electoral Commission, shall be present at any one time.
6. No candidate shall act as a scrutineer under this section.
7. A scrutineer appointed under this section may be appointed by facsimile transmission.

184. Ballot papers and certificate to be compared on recount

1. At any recount made as aforesaid the Returning Officer shall produce to the District Court Judge all the used ballot papers, together with the Justice’s certificate stating the total number of ballot papers used at the election.
2. If, on comparing the number of ballot papers stated in the certificate with the ballot papers used at the election, the District Court Judge finds that any of the ballot papers have been lost, stolen, or in any way interfered with during the interval between the official count and the recount, the official count made by the Returning Officer shall be deemed to be correct, and the result of the poll declared accordingly. Where in any such case there is an equality of votes between constituency candidates and the addition of a vote would entitle one of those constituency candidates to be declared elected, the Electoral Commission must determine by lot which candidate shall be elected.

185. Endorsement and return of writ

1. Electoral commission
   As soon as practicable after the Electoral Commission has, under section 179(2), declared the result for every district, an Electoral Commissioner must, on behalf of the Electoral Commission,—
   1. endorse on the writ—
      1. the full name of every constituency candidate declared to be elected; and
      2. the date of the endorsement; and
   2. sign the writ; and
   3. immediately after endorsing and signing the writ, transmit the writ to the Clerk of the House of Representatives.
2. The date endorsed on the writ under subsection (1) is the day of the return of the writ.
3. The writ must be returned within the time specified in the writ for its return.
4. If any application for a recount of the votes for any constituency candidates has been made, the Electoral Commission must postpone the return of the writ until the completion of every recount.
5. If, at any time before the expiry of the time for an application for a recount of the votes for constituency candidates, it appears to the Electoral Commission that such an application may be made, the Electoral Commission may postpone the return of the writ until that expiry.
6. Subsections (4) and (5) prevail over subsections (1) to (3).

186. Electoral Commission may correct writ

1. If the Electoral Commission is satisfied that the name of a member elected to represent an electoral district is not correctly recorded on the writ, an Electoral Commissioner may, on behalf of the Electoral Commission, before or after complying with the requirements of section 185(1), make any alterations to the writ necessary to ensure that the member’s name is correctly recorded.
2. Before making a correction under subsection (1), the Electoral Commissioner must consult with the member concerned and with the Returning Officer.
3. If the Electoral Commissioner makes a correction under subsection (1) after complying with the requirements of section 185(1),—
   1. the Electoral Commission must forward to the Clerk of the House of Representatives a copy of the writ as corrected; and
   2. that copy is to be treated for all purposes as the copy forwarded to the Clerk of the House of Representatives under section 185(1).

187. Disposal of ballot papers, rolls, etc

1. As soon as practicable after giving the Electoral Commission the information specified in section 179(1), the Returning Officer must destroy or cause to be destroyed all unused ballot papers.
2. As soon as practicable after complying with the requirements of subsection (1), the Returning Officer must—
   1. enclose or cause to be enclosed in 1 or more packets all parcels that have been received, or made up, by the Returning Officer and that contain any of the following documents:
      1. used ballot papers, including the special voters’ ballot papers:
      2. counterfoils of issued ballot papers and counterfoils of unused ballot papers:
      3. spoilt ballot papers:
      4. ballot papers set aside under section 171 or section 177; and
   2. enclose or cause to be enclosed in 1 or more packets the following materials:
      1. ballot paper accounts:
      2. copies of rolls (except the master roll):
      3. books or other papers provided for by this Act:
      4. all letters and other papers received from any manager of a polling place or issuing officer about special votes; and
   3. ensure that each packet is properly secured and endorsed with a description of its contents, the name of the district, the name or other identifier of the polling place, and the date of the polling; and
   4. sign the endorsement on each packet; and
   5. ensure that every packet is sent to the Clerk of the House of Representatives without delay.
3. The Clerk of the House of Representatives shall forthwith give or send to the Returning Officer a receipt under his or her hand for the said packets and parcel.
4. 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 115) 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.
5. The Registrar of Electors shall keep the master roll, and the attached list, until the next general election.
6. 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.

188. Annotation of list of special voters

1. A constituency candidate at an election who applies for a recount of the votes or a person who files an election petition may, by notice in writing to the Returning Officer, require the Returning Officer forthwith to annotate the list attached to the master roll pursuant to section 187(3): provided that this subsection shall not apply where the Returning Officer receives the notice after he or she has forwarded to the Clerk of the House of Representatives the packets required, by section 187(1)(b), to be forwarded to the Clerk of the House of Representatives.
2. The annotations shall show, in relation to each special voter whose vote is shown on the list as having been disallowed, the reason for the disallowance of the vote.
3. The annotated list shall be sent by the Returning Officer to the Registrar of Electors for the district.
4. Any registered elector of the district may inspect the annotated list at the Registrar’s office without payment of any fee at any time when the office is open for the transaction of business.

189. Disposal of packets

1. The packets and parcels must be safely kept for 6 months unopened, unless a court of competent jurisdiction or the House of Representatives orders them, or any of them, to be opened.
2. At the end of 6 months, the packets and parcels must be destroyed unopened in the presence of the Clerk of the House of Representatives and an Electoral Commissioner.
3. Despite subsection (2), a packet or parcel may not be destroyed so long as the packet or parcel is, or may reasonably be expected to be, required for the purposes of an investigation into, or a prosecution of, an offence against this Act.

190. Papers taken from parcels as evidence in certain cases

1. Any ballot paper, and any copy of a roll, and any book purporting to be taken from any such parcel as aforesaid, and having written thereon respectively, under the hand of the Clerk of the House of Representatives, a certificate of the several particulars by this Act required to be endorsed on the parcel, shall be conclusive evidence in any court or before any Committee of the House of Representatives that it was so taken and that it, if a ballot paper, was deposited and, if a roll or book, was kept or used at the election and polling place to which the endorsement and writing relate.
2. Every ballot paper so certified shall be evidence of a vote given at the poll, and of the correspondence of the number appearing on the ballot paper with the number appearing on any roll so certified as of the same election and polling place, according to the tenor of the said ballot paper.
3. But, in the case of the ballot papers set aside or selected by an issuing officer or by the Returning Officer, the correspondence shall be evidence only of some person having voted in the name appearing on the roll.

191. Election of other members

1. When the Electoral Commission has received from all Returning Officers the information required by section 179(1) to be forwarded to the Electoral Commission, the Electoral Commission must proceed to determine which of the candidates whose names have been included in party lists submitted pursuant to section 127 have been elected.
2. The Electoral Commission must first ascertain from the information given under section 179(1)(a) the total number of all the party votes received by each of the parties listed on the part of the ballot paper that relates to the party vote.
3. The Electoral Commission must enter those totals in separate columns under the name of each party in a working sheet in the manner prescribed in form 15.
4. The Electoral Commission must disregard any total under the name of any party that—
   1. has not achieved a total that is at least 5% of the total number of all the party votes received by all the parties listed on the part of the ballot paper that relates to the party vote; and
   2. is a party in respect of which no constituency candidate who is either—
      1. a candidate for that party; or
      2. a candidate for a component party of that party (being a component party that is not listed on the part of the ballot paper that relates to the party vote but is, in accordance with the details held by the Electoral Commission under any of the provisions of sections 127(3A) and 128A, a component party of that party)— has had his or her name endorsed on the writ pursuant to section 185 as a person declared to be elected as a member of Parliament.
5. Where the Electoral Commission disregards the name of a party in accordance with subsection (4), that party shall, for the purpose of this section and sections 192 and 193, be deemed to have been deleted from the list of parties included in the part of the ballot paper that relates to the party vote.
6. The Electoral Commission must then proceed to divide each of the remaining totals successively by a series of numbers beginning with 1, 3, 5, 7, 9, 11, 13 and thereafter by every odd number as may be necessary to ensure that the number of seats required to be allocated by this section and sections 192 and 193 are allocated.
7. The quotient of each successive division shall be recorded on the working sheet.
8. Once the quotient of each successive division is entered on the working sheet, the Electoral Commission must then proceed to ascertain from a comparison of all the figures in the working sheet in form 15 listed under the heading “Quotients of divisions”, the highest 120 quotients or such lower number as is required by subsection (8).
9. If any person whose name is endorsed on the writ pursuant to section 185 as a person declared to be elected as a member of Parliament, is—
   1. an independent; or
   2. a member of a political party that did not appear on the list of parties in that part of the ballot paper that relates to the party vote (not being a political party that is, in accordance with the details held by the Electoral Commission under any of the provisions of sections 127(3A) and 128A, a component party of a political party that did appear on that list),—

   the Electoral Commission must, for the purposes of applying subsection (7), deduct from the number of 120 the number of any such persons.

10. In any case where the lowest of the numbers required to be ascertained under subsection (7) constitutes 2 or more numbers in different columns which are of exactly the same value, the Electoral Commission must determine by lot which of those numbers is to be selected for the purpose of subsection (7).
11. The Electoral Commission, having ascertained the numbers required by subsection (7), must cause a circle to be drawn on the working sheet around each of those numbers.